Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. SMB-141, for Unrestricted Release of a Portion of the Department of the Army, U.S. Army Research, Development and Engineering Command, Army Research Laboratory Facility at the Aberdeen Proving Ground in Maryland, 41944-41946 [E9-19849]

Download as PDF 41944 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) IN THIS PROCEEDING—Continued Day Event 25 .................................................... If NRC staff finds no ‘‘need’’ for SUNSI or likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. Answers to contentions whose development depends upon access to SUNSI. Petitioner/Intervenor reply to answers. Decision on contention admission. 30 .................................................... 40 .................................................... A ...................................................... A+3 .................................................. A+28 ................................................ A+53 (Contention receipt +25) ....... A+60 (Answer receipt +7) ............... B ...................................................... [FR Doc. E9–19845 Filed 8–18–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2008–0213; Docket No. 040–06394] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. SMB–141, for Unrestricted Release of a Portion of the Department of the Army, U.S. Army Research, Development and Engineering Command, Army Research Laboratory Facility at the Aberdeen Proving Ground in Maryland jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. II. Environmental Assessment FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Senior Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406; telephone (610) 337–5040; fax number (610) 337–5269; or by e-mail: Elizabeth.Ullrich@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of a license amendment to VerDate Nov<24>2008 16:53 Aug 18, 2009 Jkt 217001 Source Materials License No. SMB–141. This license is held by the Department of the Army, U.S. Army Research, Development And Engineering Command (ARDEC), Army Research Laboratory (ARL) (the Licensee), for its U.S. Army Research Laboratory (the Facility), located at the Aberdeen Proving Ground, Maryland. Issuance of the amendment would authorize release of the R–14 Range for unrestricted use. The Licensee requested this action in a letter dated May 11, 2009. The NRC has prepared an Environmental Assessment (EA) in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR); Part 51 (10 CFR Part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendment will be issued to the Licensee following the publication of this FONSI and EA in the Federal Register. Identification of Proposed Action The proposed action would approve the Licensee’s May 11, 2009, license amendment request, resulting in release of the R–14 Range for unrestricted use. License No. SMB–141 was issued on April 12, 1961, pursuant to 10 CFR Part 40, and has been amended periodically since that time. This license authorized the Licensee to use uranium and thorium for purposes of conducting research and development activities; fabrication, modification, and testing of PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 components, parts, and/or devices; and munitions testing. The R–14 Range is situated on Spesutie Island within the Aberdeen Proving Ground and consists of structures used for munitions testing, support buildings for administrative activities, storage, and other support services. The R–14 Range is located in an area which is primarily undeveloped forest and wetlands. The R–14 Range occupies an area of about 5.28 acres, of which 0.2 acres is occupied by three remaining buildings. Within the R–14 Range, use of licensed materials was confined to R–14 Blast Chamber, Firing Tube, Air Handling System, Hot Line Building and Water Treatment Shed and areas of the Laydown Yard, Firing Line and the Grassy Field south of the Blast Chamber. On November 6, 2007, the Licensee ceased licensed activities at the R–14 Range and initiated a survey and decontamination of the R–14 Range. Based on the Licensee’s historical knowledge of the site and the conditions of the R–14 Range, the Licensee determined that only routine decontamination activities, in accordance with their NRC-approved, operating radiation safety procedures, were required. The Licensee was not required to submit a decommissioning plan to the NRC because worker cleanup activities and procedures are consistent with those approved for routine operations. The Licensee conducted surveys of the R–14 Range and provided information to the NRC to demonstrate E:\FR\FM\19AUN1.SGM 19AUN1 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices that it meets the criteria in Subpart E of 10 CFR Part 20 for unrestricted release. jlentini on DSKJ8SOYB1PROD with NOTICES Need for the Proposed Action The Licensee has ceased conducting licensed activities at the R–14 Range and seeks the unrestricted use of the R– 14 Range. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the R–14 Range shows that such activities involved use of the following radionuclides with halflives greater than 120 days: uranium234, uranium-235, and uranium-238. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of the R–14 Range affected by these radionuclides. The Licensee conducted a final status survey during the period of May 7 through September 25, 2008. This survey covered all of the R–14 Range affected land areas (Laydown Yard, Firing Line, and the Grassy Field) and structures (R–14 Blast Chamber, Firing Tube, Air Handling System, Hot Line Building, and Water Treatment Shed). The final status survey report was attached to the Licensee’s amendment request dated May 11, 2009. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release of buildings as specified in 10 CFR 20.1402 by using the screening approach described in NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance,’’ Volume 2. The Licensee used the radionuclide-specific derived concentration guideline levels (DCGLs), developed there by the NRC, which comply with the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum amount of residual radioactivity on building surfaces, equipment, and materials that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted release. The Licensee’s final status survey results were below these DCGLs and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the Licensee’s final status survey results of buildings are acceptable. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release of soils as specified in 10 CFR 20.1402 by developing derived concentration guideline levels (DCGLs) for its R–14 Range. The Licensee conducted sitespecific dose modeling using input parameters specific to the R–14 Range VerDate Nov<24>2008 16:53 Aug 18, 2009 Jkt 217001 soils. The licensee used the relative fractions of uranium progeny fractions and the thickness of the contaminated zone at the R–14 Range, along with RESRAD default parameters and conservative input parameters from NRC and Environmental Protection Agency (EPA) guidance documents. The Licensee thus determined the maximum amount of residual radioactivity in soils that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted release. The NRC previously reviewed the Licensee’s methodology and proposed DCGLs and concluded that the proposed DCGLs are acceptable for use as release criteria at the R–14 Range. The NRC’s approval of the Licensee’s proposed DCGLs was published in the Federal Register on April 9, 2008 (73 FR 19263). The Licensee’s final status survey results of soils were below these DCGLs, and are thus acceptable. Based on its review, the staff has determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC–Licensed Nuclear Facilities’’ (NUREG–1496) Volumes 1–3 (ML042310492, ML042320379, and ML042330385). The staff finds there were no significant environmental impacts from the use of radioactive material at the R–14 Range. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment surrounding the R–14 Range. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of the R–14 Range described above for unrestricted use is in compliance with 10 CFR 20.1402. Although the Licensee will continue to perform licensed activities at other parts of the Facility, the Licensee must ensure that this decommissioned area does not become recontaminated. In connection with the eventual termination of License No. SMB–151, the Licensee will be required to show that all licensed areas and previously-released areas comply with the radiological criteria in 10 CFR 20.1402. Based on its review, the staff considered the impact of the residual radioactivity at the R–14 Range and concluded that the proposed action will PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 41945 not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 40.42(d), requiring that decommissioning of separate buildings or outdoor areas at source material facilities be completed and approved by the NRC after licensed activities there cease. The NRC’s analysis of the Licensee’s final status survey data confirmed that the R–14 Range meets the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, denying the amendment request would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are therefore similar, and the no-action alternative is accordingly not further considered. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC’s unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the Maryland Department of the Environment, Air and Radiation Management Administration and Hazardous Waste Administration (MDE) for review on June 15, 2009. On June 23, 2009, MDE responded by e-mail. The State agreed with the conclusions of the EA, and otherwise had no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. E:\FR\FM\19AUN1.SGM 19AUN1 41946 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. jlentini on DSKJ8SOYB1PROD with NOTICES IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/ reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. Letter dated May 11, 2009 [ML091340490] and the enclosure ‘‘Draft Final, Final Status Survey Report, R–14 Range’’ April 2009 [ML091340611, ML091340637, ML092100380, ML091340648, ML091350126, ML091350204, ML091350218, ML091350225, ML091350237, ML091350250, ML091350255, ML091350234]; 2. NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance’’; 3. Title 10 Code of Federal Regulations; Part 20, Subpart E, ‘‘Radiological Criteria for License Termination’’; 4. Title 10, Code of Federal Regulations; Part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions’’; and 5. NUREG–1496, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC–Licensed Nuclear Facilities.’’ If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Region I this 10th day of August 2009. VerDate Nov<24>2008 16:53 Aug 18, 2009 Jkt 217001 For the Nuclear Regulatory Commission. James Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E9–19849 Filed 8–18–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2009–0339] NUREG–1520, ‘‘Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility, Draft for Public Comment—Revision 1,’’ Extension of Comment Period AGENCY: Nuclear Regulatory Commission (NRC). ACTION: Extension of comment period. SUMMARY: On August 5, 2009 (74 FR 39117), the NRC published a notice of availability and request for public comment on NUREG–1520. The comment period originally closed on September 21, 2009. This document extends the comment period to October 24, 2009. Also, the revision number (NUREG–1520 Revision 2) in the original notice was incorrect, therefore the revision number was changed to read, ‘‘NUREG–1520 Revision 1.’’ DATES: The comments period has been extended to October 24, 2009. Comments received after that date will be considered to the extent practicable. To ensure efficient and complete comment resolution, comments should include references to the section, page, and line numbers of the document to which the comment applies, if possible. ADDRESSES: You may submit comments by any one of the following methods. Please include Docket ID NRC–2009– 0339 in the subject line of your comments. Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site Regulations.gov. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC–2009–0339. Address questions about NRC dockets to Carol Gallagher, 301–492–3668; e-mail Carol.Gallagher@nrc.gov. Mail comments to: Michael T. Lesar, Chief, Rulemaking and Directives Branch (RDB), Division of Administrative Services, Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, or by fax to RDB at (301) 492– 3446. You can access publicly available documents related to this notice using the following methods: NRC’s Public Document Room (PDR): The public may examine and have copied, for a fee, publicly available documents at the NRC’s PDR, Public File Area O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/ reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. The Standard Review Plan (NUREG–1520) is available electronically under ADAMS Accession Number ML091470567. NRC Public Web site: The full manuscript of NUREG–1520, Revision 1—Draft Report, can be found at http://www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr1520/r1/ index.html. Federal Rulemaking Web site: Public comments and supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC–2009–0339. FOR FURTHER INFORMATION CONTACT: ´ Cinthya Roman Cuevas, Chemical Engineer, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001 by telephone at 301– 492–3224 or e-mail at cinthya.roman@nrc.gov. The standard review plan (SRP) for the review of a license application for a fuel cycle facility (NUREG–1520) provides SUPPLEMENTARY INFORMATION: E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41944-41946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19849]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2008-0213; Docket No. 040-06394]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Source Materials License 
No. SMB-141, for Unrestricted Release of a Portion of the Department of 
the Army, U.S. Army Research, Development and Engineering Command, Army 
Research Laboratory Facility at the Aberdeen Proving Ground in Maryland

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for License Amendment.

-----------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Senior Health 
Physicist, Commercial and R&D Branch, Division of Nuclear Materials 
Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 
19406; telephone (610) 337-5040; fax number (610) 337-5269; or by e-
mail: Elizabeth.Ullrich@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of a license amendment to Source Materials License No. SMB-
141. This license is held by the Department of the Army, U.S. Army 
Research, Development And Engineering Command (ARDEC), Army Research 
Laboratory (ARL) (the Licensee), for its U.S. Army Research Laboratory 
(the Facility), located at the Aberdeen Proving Ground, Maryland. 
Issuance of the amendment would authorize release of the R-14 Range for 
unrestricted use. The Licensee requested this action in a letter dated 
May 11, 2009. The NRC has prepared an Environmental Assessment (EA) in 
support of this proposed action in accordance with the requirements of 
Title 10, Code of Federal Regulations (CFR); Part 51 (10 CFR Part 51). 
Based on the EA, the NRC has concluded that a Finding of No Significant 
Impact (FONSI) is appropriate with respect to the proposed action. The 
amendment will be issued to the Licensee following the publication of 
this FONSI and EA in the Federal Register.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve the Licensee's May 11, 2009, 
license amendment request, resulting in release of the R-14 Range for 
unrestricted use. License No. SMB-141 was issued on April 12, 1961, 
pursuant to 10 CFR Part 40, and has been amended periodically since 
that time. This license authorized the Licensee to use uranium and 
thorium for purposes of conducting research and development activities; 
fabrication, modification, and testing of components, parts, and/or 
devices; and munitions testing.
    The R-14 Range is situated on Spesutie Island within the Aberdeen 
Proving Ground and consists of structures used for munitions testing, 
support buildings for administrative activities, storage, and other 
support services. The R-14 Range is located in an area which is 
primarily undeveloped forest and wetlands. The R-14 Range occupies an 
area of about 5.28 acres, of which 0.2 acres is occupied by three 
remaining buildings. Within the R-14 Range, use of licensed materials 
was confined to R-14 Blast Chamber, Firing Tube, Air Handling System, 
Hot Line Building and Water Treatment Shed and areas of the Laydown 
Yard, Firing Line and the Grassy Field south of the Blast Chamber.
    On November 6, 2007, the Licensee ceased licensed activities at the 
R-14 Range and initiated a survey and decontamination of the R-14 
Range. Based on the Licensee's historical knowledge of the site and the 
conditions of the R-14 Range, the Licensee determined that only routine 
decontamination activities, in accordance with their NRC-approved, 
operating radiation safety procedures, were required. The Licensee was 
not required to submit a decommissioning plan to the NRC because worker 
cleanup activities and procedures are consistent with those approved 
for routine operations. The Licensee conducted surveys of the R-14 
Range and provided information to the NRC to demonstrate

[[Page 41945]]

that it meets the criteria in Subpart E of 10 CFR Part 20 for 
unrestricted release.

Need for the Proposed Action

    The Licensee has ceased conducting licensed activities at the R-14 
Range and seeks the unrestricted use of the R-14 Range.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted at the R-14 
Range shows that such activities involved use of the following 
radionuclides with half-lives greater than 120 days: uranium-234, 
uranium-235, and uranium-238. Prior to performing the final status 
survey, the Licensee conducted decontamination activities, as 
necessary, in the areas of the R-14 Range affected by these 
radionuclides.
    The Licensee conducted a final status survey during the period of 
May 7 through September 25, 2008. This survey covered all of the R-14 
Range affected land areas (Laydown Yard, Firing Line, and the Grassy 
Field) and structures (R-14 Blast Chamber, Firing Tube, Air Handling 
System, Hot Line Building, and Water Treatment Shed). The final status 
survey report was attached to the Licensee's amendment request dated 
May 11, 2009. The Licensee elected to demonstrate compliance with the 
radiological criteria for unrestricted release of buildings as 
specified in 10 CFR 20.1402 by using the screening approach described 
in NUREG-1757, ``Consolidated NMSS Decommissioning Guidance,'' Volume 
2. The Licensee used the radionuclide-specific derived concentration 
guideline levels (DCGLs), developed there by the NRC, which comply with 
the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum 
amount of residual radioactivity on building surfaces, equipment, and 
materials that will satisfy the NRC requirements in Subpart E of 10 CFR 
Part 20 for unrestricted release. The Licensee's final status survey 
results were below these DCGLs and are in compliance with the As Low As 
Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC 
thus finds that the Licensee's final status survey results of buildings 
are acceptable.
    The Licensee elected to demonstrate compliance with the 
radiological criteria for unrestricted release of soils as specified in 
10 CFR 20.1402 by developing derived concentration guideline levels 
(DCGLs) for its R-14 Range. The Licensee conducted site-specific dose 
modeling using input parameters specific to the R-14 Range soils. The 
licensee used the relative fractions of uranium progeny fractions and 
the thickness of the contaminated zone at the R-14 Range, along with 
RESRAD default parameters and conservative input parameters from NRC 
and Environmental Protection Agency (EPA) guidance documents. The 
Licensee thus determined the maximum amount of residual radioactivity 
in soils that will satisfy the NRC requirements in Subpart E of 10 CFR 
Part 20 for unrestricted release. The NRC previously reviewed the 
Licensee's methodology and proposed DCGLs and concluded that the 
proposed DCGLs are acceptable for use as release criteria at the R-14 
Range. The NRC's approval of the Licensee's proposed DCGLs was 
published in the Federal Register on April 9, 2008 (73 FR 19263). The 
Licensee's final status survey results of soils were below these DCGLs, 
and are thus acceptable.
    Based on its review, the staff has determined that the affected 
environment and any environmental impacts associated with the proposed 
action are bounded by the impacts evaluated by the ``Generic 
Environmental Impact Statement in Support of Rulemaking on Radiological 
Criteria for License Termination of NRC-Licensed Nuclear Facilities'' 
(NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). 
The staff finds there were no significant environmental impacts from 
the use of radioactive material at the R-14 Range. The NRC staff 
reviewed the docket file records and the final status survey report to 
identify any non-radiological hazards that may have impacted the 
environment surrounding the R-14 Range. No such hazards or impacts to 
the environment were identified. The NRC has identified no other 
radiological or non-radiological activities in the area that could 
result in cumulative environmental impacts.
    The NRC staff finds that the proposed release of the R-14 Range 
described above for unrestricted use is in compliance with 10 CFR 
20.1402. Although the Licensee will continue to perform licensed 
activities at other parts of the Facility, the Licensee must ensure 
that this decommissioned area does not become recontaminated. In 
connection with the eventual termination of License No. SMB-151, the 
Licensee will be required to show that all licensed areas and 
previously-released areas comply with the radiological criteria in 10 
CFR 20.1402. Based on its review, the staff considered the impact of 
the residual radioactivity at the R-14 Range and concluded that the 
proposed action will not have a significant effect on the quality of 
the human environment.

Environmental Impacts of the Alternatives to the Proposed Action

    Due to the largely administrative nature of the proposed action, 
its environmental impacts are small. Therefore, the only alternative 
the staff considered is the no-action alternative, under which the 
staff would leave things as they are by simply denying the amendment 
request. This no-action alternative is not feasible because it 
conflicts with 10 CFR 40.42(d), requiring that decommissioning of 
separate buildings or outdoor areas at source material facilities be 
completed and approved by the NRC after licensed activities there 
cease. The NRC's analysis of the Licensee's final status survey data 
confirmed that the R-14 Range meets the requirements of 10 CFR 20.1402 
for unrestricted release. Additionally, denying the amendment request 
would result in no change in current environmental impacts. The 
environmental impacts of the proposed action and the no-action 
alternative are therefore similar, and the no-action alternative is 
accordingly not further considered.

Conclusion

    The NRC staff has concluded that the proposed action is consistent 
with the NRC's unrestricted release criteria specified in 10 CFR 
20.1402. Because the proposed action will not significantly impact the 
quality of the human environment, the NRC staff concludes that the 
proposed action is the preferred alternative.

Agencies and Persons Consulted

    NRC provided a draft of this Environmental Assessment to the 
Maryland Department of the Environment, Air and Radiation Management 
Administration and Hazardous Waste Administration (MDE) for review on 
June 15, 2009. On June 23, 2009, MDE responded by e-mail. The State 
agreed with the conclusions of the EA, and otherwise had no comments.
    The NRC staff has determined that the proposed action is of a 
procedural nature, and will not affect listed species or critical 
habitat. Therefore, no further consultation is required under Section 7 
of the Endangered Species Act. The NRC staff has also determined that 
the proposed action is not the type of activity that has the potential 
to cause effects on historic properties. Therefore, no further 
consultation is required under Section 106 of the National Historic 
Preservation Act.

[[Page 41946]]

III. Finding of No Significant Impact

    The NRC staff has prepared this EA in support of the proposed 
action. On the basis of this EA, the NRC finds that there are no 
significant environmental impacts from the proposed action, and that 
preparation of an environmental impact statement is not warranted. 
Accordingly, the NRC has determined that a Finding of No Significant 
Impact is appropriate.

IV. Further Information

    Documents related to this action, including the application for 
license amendment and supporting documentation, are available 
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the 
NRC's Agencywide Documents Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The documents 
related to this action are listed below, along with their ADAMS 
accession numbers.
    1. Letter dated May 11, 2009 [ML091340490] and the enclosure 
``Draft Final, Final Status Survey Report, R-14 Range'' April 2009 
[ML091340611, ML091340637, ML092100380, ML091340648, ML091350126, 
ML091350204, ML091350218, ML091350225, ML091350237, ML091350250, 
ML091350255, ML091350234];
    2. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance'';
    3. Title 10 Code of Federal Regulations; Part 20, Subpart E, 
``Radiological Criteria for License Termination'';
    4. Title 10, Code of Federal Regulations; Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions''; and
    5. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities.''
    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to pdr@nrc.gov. These documents may also be viewed 
electronically on the public computers located at the NRC's PDR, O 1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. 
The PDR reproduction contractor will copy documents for a fee.

    Dated at Region I this 10th day of August 2009.

    For the Nuclear Regulatory Commission.
James Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E9-19849 Filed 8-18-09; 8:45 am]
BILLING CODE 7590-01-P