Exemption From the Specific Import License Requirements, 47976-47977 [E9-22559]
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47976
Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices
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 Facility.
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 Facility for unrestricted
use is in compliance with 10 CFR
20.1402. Based on its review, the staff
considered the impact of the residual
radioactivity at the Facility 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 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
Facility 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.
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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 New
Jersey Department of Environmental
Protection for review on June 25, 2009.
On August 7, 2009, the New Jersey
Department of Environmental Protection
responded by letter. The State agreed
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15:10 Sep 17, 2009
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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. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance’’;
2. Title 10, Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination’’;
3. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions’’;
4. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities’’;
5. Johnson & Johnson Pharmaceutical
Research and Development, LLC,
amendment request letter dated March
27, 2009 (ML090960269);
6. Johnson & Johnson Pharmaceutical
Research and Development, LLC,
additional information letter dated April
28, 2009 (ML091200252);
7. Johnson & Johnson Pharmaceutical
Research and Development, LLC,
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Frm 00064
Fmt 4703
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additional information letter dated May
29, 2009 (ML091490762); and
8. Johnson & Johnson Pharmaceutical
Research and Development, LLC,
additional information letter dated June
16, 2009 (ML091730375).
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
PDR.Resource@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 11th day of
September 2009.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E9–22556 Filed 9–17–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0408]
Exemption From the Specific Import
License Requirements
1.0 Request/Action
US Ecology Idaho (USEI), a subsidiary
of American Ecology, operates a
hazardous waste and low-activity
radioactive disposal facility near Grand
View, Idaho. By letter dated March 19,
2009 (Agency Documents Access
Management System [ADAMS]
Accession No. ML091600258), USEI
requested an exemption from the
requirements in 10 CFR Part 110,
‘‘Export and Import of Nuclear
Equipment and Material,’’ for a specific
license to import waste from Canada.
Pursuant to 10 CFR 110.10, the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions for the
requirements for a specific license in 10
CFR Part 110, when the import is (1)
authorized by law; (2) is not inimical to
the common defense and security of the
United States; and (3) will not constitute
an unreasonable risk to the public
health and safety.
2.0 Background
USEI requested an exemption from
the requirements in 10 CFR 110.27 for
a specific license to import and dispose
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18SEN1
Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices
of approximately 2,500 cubic meters of
soil containing 15% concrete and metal
debris contaminated with low
concentrations of naturally occurring
radium-226 and uranium-238, which
will be generated during remediation
and redevelopment of a property located
in Toronto, Canada. In its March 19,
2009, letter, USEI stated that this
material meets the ‘‘unimportant
quantity of source material’’ criteria
founded in 10 CFR 40.13(a). As part of
their request, USEI included a safety
assessment of the shipment from the
Toronto property to the USEI disposal
facility in Idaho and the resulting
potential doses to members of the public
during transport and disposal.
As a matter of policy, the U.S. Nuclear
Regulatory Commission (NRC) reviews
the safety implications of disposing of
unimportant quantities of material at
sites other than Atomic Energy Actlicensed disposal facilities. USEI is
permitted by the Idaho Department of
Environmental Quality (IDEQ) to
operate a Resource Conservation and
Recovery Act (RCRA) Subtitle C facility
located near Grand View, Idaho and is
not an NRC licensee. Consistent with
Commission policy (Federal Register:
August 28, 2002 [Volume 67, Number
167], Proposed Rules, Pages 55175–
55179) such a request for transfer would
normally be approved if the dose to a
member of the public is unlikely to
exceed 0.25 mSv/yr (25 mrem/yr).
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3.0
Discussion
USEI supplied information on the
source term of the waste and a proposed
scenario to evaluate different possible
exposures for members of the public.
These scenarios include dose to the
transportation workers, USEI workers,
and post-closure dose to the general
public. The State of Idaho RCRA permit
allows the disposal of exempted
radioactive material including uranium
as either naturally occurring radioactive
material or unimportant quantities of
source material provided they meet the
requirements outlined in 10 CFR
40.13(a) and can demonstrate that no
individual would receive a dose in
excess of 0.15 mSv/yr (15 mrem/yr) for
a period of 100 years after closure of the
facility.
Based on sampling results provided,
the NRC confirmed that this waste
material qualifies as ‘‘unimportant
quantities of source material’’ (i.e.,
containing less than 0.05 weight percent
of source material) under 10 CFR
40.13(a). As indicated in the Safety
Evaluation Report (ML092380115), the
staff verified that the expected dose to
a member of the public due to transfer
VerDate Nov<24>2008
15:10 Sep 17, 2009
Jkt 217001
and disposal of the Toronto waste will
be well below 25 mrem/yr.
4.0
Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
110.10(a), an exemption from the
requirements of 10 CFR 110.27 is
authorized by law, will not present an
undue risk to the public health and
safety, and is consistent with the
common defense and security.
Therefore, the Commission hereby
grants USEI an exemption from the
requirement of 10 CFR 110.27 for a
specific license to import the
approximately 2,500 cubic meters of
contaminated soil.
This exemption is effective upon
issuance.
For The Nuclear Regulatory Commission.
Dated this 9th day of September 2009 at
Rockville, Maryland.
Scott W. Moore,
Deputy Director, Office of International
Programs.
[FR Doc. E9–22559 Filed 9–17–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0294]
Notice of Issuance of Regulatory Guide
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of issuance and
availability of Regulatory Guide 1.100,
Revision 3.
FOR FURTHER INFORMATION CONTACT:
John
Burke, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 251–7628 or email to John.Burke@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a revision
to an existing guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public information such
as methods that are acceptable to the
NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
Revision 3 of Regulatory Guide 1.100,
‘‘Seismic Qualification of Electrical and
Active Mechanical Equipment and
Functional Qualification of Active
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Fmt 4703
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47977
Mechanical Equipment for Nuclear
Power Plants,’’ was issued with a
temporary identification as Draft
Regulatory Guide, DG–1175. This guide
describes methods that the staff of the
NRC considers acceptable for use in the
seismic qualification of electrical and
active mechanical equipment and the
functional qualification of active
mechanical equipment for nuclear
power plants (NPPs).
The general requirements for the
seismic qualification of electrical and
active mechanical equipment appear in
Title 10 of the Code of Federal
Regulations (10 CFR) part 50, ‘‘Domestic
Licensing of Production and Utilization
Facilities,’’ and 10 CFR part 52, ‘‘Early
Site Permits; Standard Design
Certifications; and Combined Licenses
for Nuclear Power Plants.’’ Particular
sections include General Design
Criterion (GDC) 1, ‘‘Quality Standards
and Records’’; GDC 2, ‘‘Design Bases for
Protection Against Natural
Phenomena’’; and GDC 4,
‘‘Environmental and Dynamic Effects
Design Basis,’’ of Appendix A, ‘‘General
Design Criteria for Nuclear Power
Plants,’’ to 10 CFR part 50; Criterion III,
‘‘Design Control’’; Criterion XI, ‘‘Test
Control’’; and Criterion XVII, ‘‘Quality
Assurance Records,’’ of Appendix B,
‘‘Quality Assurance Criteria for Nuclear
Power Plants and Fuel Reprocessing
Plants,’’ to 10 CFR part 50; and
Appendix S, ‘‘Earthquake Engineering
Criteria for Nuclear Power Plants,’’ to 10
CFR part 50.
II. Further Information
In May 2008, DG–1175 was published
with a public comment period of 60
days from the issuance of the guide. The
public comment period closed on July
11, 2008. The staff’s responses to the
public comments are located in NRC’s
Agencywide Documents Access and
Management System under accession
number ML091320489. Electronic
copies of Regulatory Guide 1.100,
Revision 3 are available through the
NRC’s public Web site under
‘‘Regulatory Guides’’ at https://
www.nrc.gov/reading-rm/doccollections/.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR) located at
Room O–1F21, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852–2738. The PDR’s
mailing address is USNRC PDR,
Washington, DC 20555–0001. The PDR
can also be reached by telephone at
(301) 415–4737 or (800) 397–4209, by
fax at (301) 415–3548, and by e-mail to
pdr.resource@nrc.gov.
E:\FR\FM\18SEN1.SGM
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Agencies
[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Notices]
[Pages 47976-47977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22559]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0408]
Exemption From the Specific Import License Requirements
1.0 Request/Action
US Ecology Idaho (USEI), a subsidiary of American Ecology, operates
a hazardous waste and low-activity radioactive disposal facility near
Grand View, Idaho. By letter dated March 19, 2009 (Agency Documents
Access Management System [ADAMS] Accession No. ML091600258), USEI
requested an exemption from the requirements in 10 CFR Part 110,
``Export and Import of Nuclear Equipment and Material,'' for a specific
license to import waste from Canada.
Pursuant to 10 CFR 110.10, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions for
the requirements for a specific license in 10 CFR Part 110, when the
import is (1) authorized by law; (2) is not inimical to the common
defense and security of the United States; and (3) will not constitute
an unreasonable risk to the public health and safety.
2.0 Background
USEI requested an exemption from the requirements in 10 CFR 110.27
for a specific license to import and dispose
[[Page 47977]]
of approximately 2,500 cubic meters of soil containing 15% concrete and
metal debris contaminated with low concentrations of naturally
occurring radium-226 and uranium-238, which will be generated during
remediation and redevelopment of a property located in Toronto, Canada.
In its March 19, 2009, letter, USEI stated that this material meets the
``unimportant quantity of source material'' criteria founded in 10 CFR
40.13(a). As part of their request, USEI included a safety assessment
of the shipment from the Toronto property to the USEI disposal facility
in Idaho and the resulting potential doses to members of the public
during transport and disposal.
As a matter of policy, the U.S. Nuclear Regulatory Commission (NRC)
reviews the safety implications of disposing of unimportant quantities
of material at sites other than Atomic Energy Act-licensed disposal
facilities. USEI is permitted by the Idaho Department of Environmental
Quality (IDEQ) to operate a Resource Conservation and Recovery Act
(RCRA) Subtitle C facility located near Grand View, Idaho and is not an
NRC licensee. Consistent with Commission policy (Federal Register:
August 28, 2002 [Volume 67, Number 167], Proposed Rules, Pages 55175-
55179) such a request for transfer would normally be approved if the
dose to a member of the public is unlikely to exceed 0.25 mSv/yr (25
mrem/yr).
3.0 Discussion
USEI supplied information on the source term of the waste and a
proposed scenario to evaluate different possible exposures for members
of the public. These scenarios include dose to the transportation
workers, USEI workers, and post-closure dose to the general public. The
State of Idaho RCRA permit allows the disposal of exempted radioactive
material including uranium as either naturally occurring radioactive
material or unimportant quantities of source material provided they
meet the requirements outlined in 10 CFR 40.13(a) and can demonstrate
that no individual would receive a dose in excess of 0.15 mSv/yr (15
mrem/yr) for a period of 100 years after closure of the facility.
Based on sampling results provided, the NRC confirmed that this
waste material qualifies as ``unimportant quantities of source
material'' (i.e., containing less than 0.05 weight percent of source
material) under 10 CFR 40.13(a). As indicated in the Safety Evaluation
Report (ML092380115), the staff verified that the expected dose to a
member of the public due to transfer and disposal of the Toronto waste
will be well below 25 mrem/yr.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
110.10(a), an exemption from the requirements of 10 CFR 110.27 is
authorized by law, will not present an undue risk to the public health
and safety, and is consistent with the common defense and security.
Therefore, the Commission hereby grants USEI an exemption from the
requirement of 10 CFR 110.27 for a specific license to import the
approximately 2,500 cubic meters of contaminated soil.
This exemption is effective upon issuance.
For The Nuclear Regulatory Commission.
Dated this 9th day of September 2009 at Rockville, Maryland.
Scott W. Moore,
Deputy Director, Office of International Programs.
[FR Doc. E9-22559 Filed 9-17-09; 8:45 am]
BILLING CODE 7590-01-P