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]

Download as PDF 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 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 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. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 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 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 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. PO 00000 Frm 00101 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 25AUN1

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]


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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 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 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