Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 29-00018-02, Unrestricted Release of Building 43 at the Hoffman-La Roche Inc. Facility in Nutley, NJ, 49902-49904 [E9-23457]
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<![CDATA[
49902
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
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
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
Rooms EN–302, EN–307, and the Pond
Building meet 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.
jlentini on DSKJ8SOYB1PROD with NOTICES
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.
VerDate Nov<24>2008
16:18 Sep 28, 2009
Jkt 217001
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the New
Jersey Department of Environmental
Protection for review on August 11,
2009. On September 10, 2009, New
Jersey Bureau of Environmental
Radiation 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
5. The Sarnoff Corporation
Amendment requested dated April 14,
2009 [ML091110218];
6. The Sarnoff Corporation additional
information letter dated June 25, 2009
[ML092010369];
7. The Sarnoff Corporation additional
information letter dated July 16, 2009
[ML092010261]; and
8. The Sarnoff Corporation additional
Information letter dated July 17, 2009
[ML092080374].
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.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.
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.
Dated at Region I, 475 Allendale Road,
King of Prussia, PA this 23rd 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. E9–23456 Filed 9–28–09; 8:45 am]
IV. Further Information
NUCLEAR REGULATORY
COMMISSION
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;’’
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Fmt 4703
Sfmt 4703
BILLING CODE 7590–01–P
[NRC–2009–0431; Docket No. 030–05210]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 29–00018–02, Unrestricted
Release of Building 43 at the HoffmanLa Roche Inc. Facility in Nutley, 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 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
E:\FR\FM\29SEN1.SGM
29SEN1
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
issuance of a license amendment to
Byproduct Materials License No. 29–
00018–02. This license is held by
Hoffman-La Roche Inc. (the Licensee),
for its Hoffman-La Roche Inc. facilities
(the Facility), located at 340 Kingsland
Street in Nutley, New Jersey. Issuance of
the amendment would authorize release
of Building 43, the medical waste
incinerator facility, for unrestricted use.
The Licensee requested this action in a
letter dated July 28, 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.
jlentini on DSKJ8SOYB1PROD with NOTICES
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s July 28, 2009, license
amendment request, resulting in release
of Building 43 for unrestricted use.
License No. 29–00018–02 was issued on
March 10, 1959, 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, and
incineration of waste.
Building 43, the medical waste
incinerator facility, is situated on 5,250
square feet, and consists of a multi-level
incinerator room, control room, and
support areas. The Facility is located in
a mixed residential/commercial area.
Licensed materials were used in most
areas of Building 43.
On September 27, 2007, the Licensee
ceased licensed activities and initiated a
survey and decontamination of Building
43. Based on the Licensee’s historical
knowledge of the site and the conditions
of Building 43, the Licensee determined
that only routine decontamination
activities, in accordance with their NRCapproved, 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 Building
43 and provided information to the NRC
to demonstrate that it meets the criteria
in Subpart E of 10 CFR Part 20 for
unrestricted release.
VerDate Nov<24>2008
16:18 Sep 28, 2009
Jkt 217001
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities at Building 43, and
seeks the unrestricted use of Building
43.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at Building 43
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 Building 43
affected by these radionuclides.
The Licensee conducted a final status
survey on June 8–12, 2009. This survey
covered all areas of Building 43. The
final status survey report was attached
to the Licensee’s amendment request
dated July 28, 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 in Building 43. 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
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
49903
environment surrounding Building 43.
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 Building
43 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
Building 43 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.
E:\FR\FM\29SEN1.SGM
29SEN1
49904
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
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 August 3, 2009. On
September 4, 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.
jlentini on DSKJ8SOYB1PROD with 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.
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
Document 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
NRC–Licensed Nuclear Facilities;’’ and
[5] Licensee letter dated July 28, 2009,
with ‘‘Building 43, Medical Waste
VerDate Nov<24>2008
16:18 Sep 28, 2009
Jkt 217001
Incinerator, Decommissioning Final
Status Report’’ dated July, 2009
[ML092120369].
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.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 23rd day of
September 2009.
For the Nuclear Regulatory Commission.
James Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E9–23457 Filed 9–28–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Act; Notice of Meeting
DATES: Weeks of September 28, October
5, 12, 19, 26, November 2, 2009.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
Week of September 28, 2009
Tuesday, September 29, 2009
1:30 p.m. NRC All Employees Meeting
(Public Meeting), Marriott Bethesda
North Hotel, 5701 Marinelli Road,
Rockville, MD 20852.
Wednesday, September 30, 2009
9:30 a.m. Discussion of Management
Issues (Closed Ex. 2).
Week of October 5, 2009—Tentative
There are no meetings scheduled for
the week of October 5, 2009.
Week of October 12, 2009—Tentative
Tuesday, October 13, 2009
9:30 a.m. Discussion of Security
Issues (Closed Ex. 3).
Week of October 19, 2009—Tentative
There are no meetings scheduled for
the week of October 19, 2009.
Week of October 26, 2009—Tentative
There are no meetings scheduled for
the week of October 26, 2009.
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
Week of November 2, 2009—Tentative
There are no meetings scheduled for
the week of November 2, 2009.
*
*
*
*
*
*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording) (301) 415–1292.
Contact person for more information:
Rochelle Bavol, (301) 415–1651.
*
*
*
*
*
Additional Information
By a vote of 3–0 on September 22,
2009, the Commission determined
pursuant to U.S.C. 552b(e) and
§ 9.107(a) of the Commission’s rules that
Affirmation of: a. South Texas Project
Nuclear Operating Company (South
Texas Project, Units 3 and 4), Request
for Extension of Time to File Appeal
and b. Pa’ina Hawaii, LLC (Materials
License Application) Applicant’s
Motion to Transfer Case to the
Commission) be held on September 23,
2009, with less than one week notice to
the public. Both items were affirmed.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify the
NRC’s Disability Program Coordinator,
Rohn Brown, at 301–492–2279, TDD:
301–415–2100, or by e-mail at
rohn.brown@nrc.gov Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
*
*
*
*
*
This notice is distributed
electronically to subscribers. If you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an e-mail to
darlene.wright@nrc.gov.
Dated: September 24, 2009.
Rochelle C. Bavol,
Office of the Secretary.
[FR Doc. E9–23560 Filed 9–25–09; 4:15 pm]
BILLING CODE 7590–01–P
E:\FR\FM\29SEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49902-49904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23457]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0431; Docket No. 030-05210]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 29-00018-02, Unrestricted Release of Building 43 at the
Hoffman-La Roche Inc. Facility in Nutley, 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 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
[[Page 49903]]
issuance of a license amendment to Byproduct Materials License No. 29-
00018-02. This license is held by Hoffman-La Roche Inc. (the Licensee),
for its Hoffman-La Roche Inc. facilities (the Facility), located at 340
Kingsland Street in Nutley, New Jersey. Issuance of the amendment would
authorize release of Building 43, the medical waste incinerator
facility, for unrestricted use. The Licensee requested this action in a
letter dated July 28, 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 July 28, 2009,
license amendment request, resulting in release of Building 43 for
unrestricted use. License No. 29-00018-02 was issued on March 10, 1959,
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, and incineration of
waste.
Building 43, the medical waste incinerator facility, is situated on
5,250 square feet, and consists of a multi-level incinerator room,
control room, and support areas. The Facility is located in a mixed
residential/commercial area. Licensed materials were used in most areas
of Building 43.
On September 27, 2007, the Licensee ceased licensed activities and
initiated a survey and decontamination of Building 43. Based on the
Licensee's historical knowledge of the site and the conditions of
Building 43, 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 Building 43 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 Building
43, and seeks the unrestricted use of Building 43.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at Building
43 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
Building 43 affected by these radionuclides.
The Licensee conducted a final status survey on June 8-12, 2009.
This survey covered all areas of Building 43. The final status survey
report was attached to the Licensee's amendment request dated July 28,
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 in Building 43. 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 Building 43. 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
Building 43 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 Building 43 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.
[[Page 49904]]
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 August 3, 2009. On September 4, 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 Document 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 NRC-
Licensed Nuclear Facilities;'' and
[5] Licensee letter dated July 28, 2009, with ``Building 43,
Medical Waste Incinerator, Decommissioning Final Status Report'' dated
July, 2009 [ML092120369].
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.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
23rd day of September 2009.
For the Nuclear Regulatory Commission.
James Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E9-23457 Filed 9-28-09; 8:45 am]
BILLING CODE 7590-01-P
