Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 29-00117-06, for Unrestricted Release of the Merck and Company's Facility in Rahway, NJ, 42940-42942 [E9-20406]
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42940
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
pwalker on DSK8KYBLC1PROD with NOTICES
Date of issuance: July 31, 2009.
Effective date: As of the date of
issuance and shall be implemented
prior to startup from Refueling Outage
17.
Amendment No.: 184.
Renewed Facility Operating License
No.: NPF–42. The amendment revised
the Operating License and Technical
Specifications.
Date of initial notice in Federal
Register: October 7, 2008 (73 FR
58679). The supplemental letter dated
April 10, 2009, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the staff’s original
proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated July 31, 2009.
No significant hazards consideration
comments received: No.
Wolf Creek Nuclear Operating
Corporation, Docket No. 50–482, Wolf
Creek Generating Station, Coffey
County, Kansas
Date of amendment request: March 6,
2009, as supplemented by letter dated
July 14, 2009.
Brief description of amendment: The
amendment revised Technical
Specification (TS) 5.2.2, ‘‘Unit Staff,’’ to
eliminate working hour restrictions (TS
5.2.2.d) to support compliance with
Title 10 of the Code of Federal
Regulations (10 CFR) Part 26. In
addition, paragraphs e and f of TS 5.2.2
were renumbered to d and e to reflect
the removal of paragraph d of TS 5.2.2,
and a reference in 5.2.2b was updated
to reflect the renumbering of 5.2.2f. to
5.2.2e. The request is consistent with
the guidance contained in U.S. Nuclear
Regulatory Commission (NRC)-approved
TS Task Force (TSTF) change traveler
TSTF–511, Revision 0, ‘‘Eliminate
Working Hour Restrictions from TS
5.2.2 to Support Compliance with 10
CFR Part 26.’’
Date of issuance: August 7, 2009.
Effective date: As of its date of
issuance and shall be implemented by
October 1, 2009.
Amendment No.: 185.
Renewed Facility Operating License
No.: NPF–42. The amendment revised
the Operating License and Technical
Specifications.
Date of initial notice in Federal
Register: April 21, 2009 (74 FR 18258).
The supplemental letter dated July 14,
2009, provided additional information
that clarified the application, did not
expand the scope of the application as
VerDate Nov<24>2008
22:52 Aug 24, 2009
Jkt 217001
originally noticed, and did not change
the staff’s original proposed no
significant hazards consideration
determination as published in the
Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated August 7, 2009.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 14th day
of August 2009.
For the Nuclear Regulatory Commission.
Allen G. Howe,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–20403 Filed 8–24–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0371; Docket No. 030–14680]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 29–00117–06, for
Unrestricted Release of the Merck and
Company’s Facility in Rahway, NJ
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 & R&D Branch, Division of
Nuclear Materials Safety, Region I, 475
Allendale Road, King of Prussia, PA
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
Byproduct Materials License No. 29–
00117–06. This license is held by Merck
and Company, Inc (the Licensee), for its
Merck and Company, Merck Research
Laboratories (the Facility), located at
126 East Lincoln Avenue in Rahway,
New Jersey. Issuance of the amendment
would authorize release of the Facility’s
Waste Incinerator for unrestricted use.
The Licensee requested this action in a
letter dated May 21, 2009. The NRC has
prepared an Environmental Assessment
(EA) in support of this proposed action
in accordance with the requirements of
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Fmt 4703
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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 21, 2009 license
amendment request, resulting in release
of the Waste Incinerator for unrestricted
use. License No. 29–00117–06 was
issued on August 11, 1978, pursuant to
10 CFR part 30, and has been amended
periodically since that time. This
license authorizes the Licensee to use
unsealed byproduct material for
purposes of conducting research and
development activities on laboratory
bench tops and in hoods, and
incineration of radioactive waste.
The Waste Incinerator is situated
within Building 77 at 126 East Lincoln
Avenue, and consists of the incinerator
room and associated effluent component
parts and mechanical component parts.
The Waste Incinerator is located in an
industrial area. Within the Waste
Incinerator, use of licensed materials
was confined to the Conveyor System
Area, the Cold Room Area, the Burn
Chamber and Kiln Area, the Loading
Ram Area, the Loading Dock Area, the
Fly Ash System and Bag House Area,
the Restroom, the Mechanical Room,
and the Control Room and its Stairwell.
In 2009, the Licensee ceased using the
Waste Incinerator for licensed waste
disposal and initiated a survey and
decontamination of the Waste
Incinerator. Based on the Licensee’s
historical knowledge of the site and the
conditions of the Waste Incinerator, 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 Waste Incinerator and
provided information to the NRC to
demonstrate 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 using the
Waste Incinerator for disposal of
licensed materials at the Facility and
E:\FR\FM\25AUN1.SGM
25AUN1
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
pwalker on DSK8KYBLC1PROD with NOTICES
seeks the unrestricted use of its Waste
Incinerator.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved use
of the following radionuclides with halflives greater than 120 days: Hydrogen3 and carbon-14. Prior to performing the
final status survey, the Licensee
conducted decontamination activities,
as necessary, in the areas of the Waste
Incinerator affected by these
radionuclides.
The Licensee conducted a final status
survey on April 6 through April 9, 2009.
This survey covered all areas associated
with the Waste Incinerator. The final
status survey report was attached to the
Licensee’s amendment request dated
May 21, 2009. The Licensee elected to
demonstrate compliance with the
radiological criteria for unrestricted
release 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, and in soils,
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
are 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 NRCLicensed 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 Waste
Incinerator. The NRC staff reviewed the
docket file records and the final status
survey report to identify any nonradiological hazards that may have
impacted the environment surrounding
the Waste Incinerator. No such hazards
VerDate Nov<24>2008
22:52 Aug 24, 2009
Jkt 217001
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 portion of the Facility
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. Before the
license can be terminated, the Licensee
will be required to show that the entire
Facility, including previously-released
areas, complies with the radiological
criteria in 10 CFR 20.1402. Based on its
review, the staff considered the impact
of the residual radioactivity at the Waste
Incinerator 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 30.36(d),
requiring that decommissioning of
byproduct material facilities or portions
thereof be completed and approved by
the NRC after licensed activities cease.
The NRC’s analysis of the Licensee’s
final status survey data confirmed that
the Waste Incinerator 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.
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42941
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the State
of New Jersey Department of
Environmental Protection (NJDEP) for
review on July 7, 2009. On July 31,
2009, NJDEP responded by letter. 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.
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 https://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 21, 2009, with
the ‘‘Final Status Survey Report, Merck
Waste Incinerator,’’ report dated May
18, 2009 [ML091480219];
[2] Letter dated June 19, 2009
[ML091770200];
[3] NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
[4] Title 10, Code of Federal
Regulations, part 20, subpart E,
‘‘Radiological Criteria for License
Termination;’’
[5] Title 10, Code of Federal
Regulations, part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’ and
[6] NUREG–1496, ‘‘Generic
Environmental Impact Statement in
E:\FR\FM\25AUN1.SGM
25AUN1
42942
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
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, 475 Allendale Road,
King of Prussia, PA this 17th day of August
2009.
For the Nuclear Regulatory Commission.
James Dwyer,
Chief, Commercial & R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E9–20406 Filed 8–24–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0370; Docket No. 030–04544]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 19–07538–01 for the
Unrestricted Release of the
Department of Health & Human
Services Facility Located In Rockville,
MD
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
FOR FURTHER INFORMATION CONTACT:
Dennis Lawyer, Health Physicist,
Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I,
475 Allendale Road, King of Prussia,
Pennsylvania; telephone 610–337–5366;
fax number 610–337–5393; or by e-mail:
dennis.lawyer@nrc.gov.
SUPPLEMENTARY INFORMATION:
pwalker on DSK8KYBLC1PROD with NOTICES
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to
Byproduct Materials License No. 19–
07538–01. This license is held by
Department of Health & Human
Services, Food and Drug
Administration, Center for Devices and
Radiological Health (the Licensee), for
VerDate Nov<24>2008
22:52 Aug 24, 2009
Jkt 217001
its Building T2 (the Facility), located at
12720 Twinbrook Parkway in Rockville,
Maryland. Issuance of the amendment
would authorize release of the Facility
for unrestricted use. The Licensee
requested this action in a letter dated
April 13, 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 April 13, 2009, license
amendment request, resulting in release
of the Facility for unrestricted use.
License No. 19–07538–01 was issued on
July 21, 1961, pursuant to 10 CFR part
30, and has been amended periodically
since that time. This license authorized
the Licensee to use unsealed byproduct
material for purposes of conducting
research and development activities on
laboratory bench tops and in hoods;
however, during the period of time the
license has been in effect, unsealed
materials have only been stored at the
Facility.
The Facility is a 5,121 square foot
building situated on a 4-acre complex
and consists of office and work space.
The Facility is located in a mixed
residential/commercial area.
In March 2007, the Licensee ceased
licensed activities at the Facility and
initiated a survey and decontamination
of the Facility. Based on the Licensee’s
historical knowledge of the site and the
conditions of the Facility, 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 Facility and provided
information to the NRC to demonstrate
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 Facility and
seeks the unrestricted use of its Facility.
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Fmt 4703
Sfmt 4703
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that only sealed sources were
used and that unsealed materials were
stored in a safe. The surveys conducted
at the Facility shows that the following
unsealed radionuclides with half-lives
greater than 120 days were stored at the
Facility: Barium 133, cesium 137,
americium 241, and uranium 238. The
uranium 238 was not part of a specific
license but was possessed under the
general license described in 10 CFR
40.22(a). Prior to performing the final
status survey, the Licensee conducted
decontamination activities, as
necessary, in the areas of the Facility
affected by these radionuclides.
The Licensee conducted a final status
survey between October 30 and
November 24, 2008. The final status
survey report was attached to the
Licensee’s amendment request dated
April 13, 2009. Some amendments to
the Final Radiological Status Survey
Report were included in the Licensee’s
letter dated May 13, 2009. Additional
survey information was included in the
Licensee’s letter dated May 27, 2009.
The Licensee elected to demonstrate
compliance with the radiological
criteria for unrestricted release 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 radionuclidespecific derived concentration guideline
levels (DCGLs), developed there by the
NRC, which comply with the dose
criterion in 10 CFR 20.1402. Because
NRC has not established a screening
value for barium 133, the licensee
developed a DCGL for barium 133 for its
Facility. The Licensee conducted sitespecific dose modeling using input
parameters specific to the Facility. The
licensee used the default values in
RESERAD–BUILD, Version 6.4. The
NRC reviewed the Licensee’s
methodology and proposed barium 133
DCGL and concluded that the proposed
barium 133 DCGL is acceptable for use
as release criteria at the Facility. 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
E:\FR\FM\25AUN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Notices]
[Pages 42940-42942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20406]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0371; Docket No. 030-14680]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 29-00117-06, for Unrestricted Release of the Merck and
Company's Facility in Rahway, NJ
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 & R&D Branch, Division of Nuclear Materials
Safety, Region I, 475 Allendale Road, King of Prussia, PA 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 Byproduct Materials License No. 29-
00117-06. This license is held by Merck and Company, Inc (the
Licensee), for its Merck and Company, Merck Research Laboratories (the
Facility), located at 126 East Lincoln Avenue in Rahway, New Jersey.
Issuance of the amendment would authorize release of the Facility's
Waste Incinerator for unrestricted use. The Licensee requested this
action in a letter dated May 21, 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 21, 2009
license amendment request, resulting in release of the Waste
Incinerator for unrestricted use. License No. 29-00117-06 was issued on
August 11, 1978, pursuant to 10 CFR part 30, and has been amended
periodically since that time. This license authorizes the Licensee to
use unsealed byproduct material for purposes of conducting research and
development activities on laboratory bench tops and in hoods, and
incineration of radioactive waste.
The Waste Incinerator is situated within Building 77 at 126 East
Lincoln Avenue, and consists of the incinerator room and associated
effluent component parts and mechanical component parts. The Waste
Incinerator is located in an industrial area. Within the Waste
Incinerator, use of licensed materials was confined to the Conveyor
System Area, the Cold Room Area, the Burn Chamber and Kiln Area, the
Loading Ram Area, the Loading Dock Area, the Fly Ash System and Bag
House Area, the Restroom, the Mechanical Room, and the Control Room and
its Stairwell.
In 2009, the Licensee ceased using the Waste Incinerator for
licensed waste disposal and initiated a survey and decontamination of
the Waste Incinerator. Based on the Licensee's historical knowledge of
the site and the conditions of the Waste Incinerator, 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 Waste Incinerator and provided information to
the NRC to demonstrate 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 using the Waste Incinerator for disposal of
licensed materials at the Facility and
[[Page 42941]]
seeks the unrestricted use of its Waste Incinerator.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Facility shows that such activities involved use of the following
radionuclides with half-lives greater than 120 days: Hydrogen-3 and
carbon-14. Prior to performing the final status survey, the Licensee
conducted decontamination activities, as necessary, in the areas of the
Waste Incinerator affected by these radionuclides.
The Licensee conducted a final status survey on April 6 through
April 9, 2009. This survey covered all areas associated with the Waste
Incinerator. The final status survey report was attached to the
Licensee's amendment request dated May 21, 2009. The Licensee elected
to demonstrate compliance with the radiological criteria for
unrestricted release 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, and in
soils, 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 are
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 Waste Incinerator. 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 Waste Incinerator. 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 portion of the
Facility 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. Before
the license can be terminated, the Licensee will be required to show
that the entire Facility, including previously-released areas, complies
with the radiological criteria in 10 CFR 20.1402. Based on its review,
the staff considered the impact of the residual radioactivity at the
Waste Incinerator 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 30.36(d), requiring that decommissioning of
byproduct material facilities or portions thereof be completed and
approved by the NRC after licensed activities cease. The NRC's analysis
of the Licensee's final status survey data confirmed that the Waste
Incinerator 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 State
of New Jersey Department of Environmental Protection (NJDEP) for review
on July 7, 2009. On July 31, 2009, NJDEP responded by letter. 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.
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 https://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 21, 2009, with the ``Final Status Survey
Report, Merck Waste Incinerator,'' report dated May 18, 2009
[ML091480219];
[2] Letter dated June 19, 2009 [ML091770200];
[3] NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
[4] Title 10, Code of Federal Regulations, part 20, subpart E,
``Radiological Criteria for License Termination;''
[5] Title 10, Code of Federal Regulations, part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;'' and
[6] NUREG-1496, ``Generic Environmental Impact Statement in
[[Page 42942]]
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, 475 Allendale Road, King of Prussia, PA this
17th day of August 2009.
For the Nuclear Regulatory Commission.
James Dwyer,
Chief, Commercial & R&D Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E9-20406 Filed 8-24-09; 8:45 am]
BILLING CODE 7590-01-P
