Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 29-30152-01, for Unrestricted Release of the Ligand Pharmaceuticals Facility in Cranbury, NJ, 49897-49899 [E9-23459]
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Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
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.
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.
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the State
of New Jersey, Department of
Environmental Protection, Bureau of
Radiological Health for review on
August 18, 2009. The State of New
Jersey responded by e-mail on
September 11, 2009. 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
VerDate Nov<24>2008
16:18 Sep 28, 2009
Jkt 217001
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. Amendment request dated
December 10, 2008 (ML083640174);
2. Additional information on
amendment request dated April 30,
2009 (ML091240536);
3. Additional information on
amendment request dated June 29, 2009
(ML091820556);
4. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
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
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
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
49897
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 P. Dwyer,
Chief, Commercial & R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E9–23455 Filed 9–28–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0430; Docket No. 030–33542]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 29–30152–01, for
Unrestricted Release of the Ligand
Pharmaceuticals Facility in Cranbury,
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
issuance of a license amendment to
Byproduct Materials License No. 29–
30152–01. This license is held by
Ligand Pharmaceuticals (the Licensee),
for its Ligand Pharmaceuticals facility
(the Facility), located at 3000 Eastpark
Boulevard in Cranbury, New Jersey.
Issuance of the amendment would
authorize release of the East Wing of the
Facility for unrestricted use. The
Licensee requested this action in a letter
dated July 29, 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
E:\FR\FM\29SEN1.SGM
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49898
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
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 29, 2009, license
amendment request, resulting in release
of the East Wing of the Facility for
unrestricted use. License No. 29–30152–
01 was issued on July 21, 1994,
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.
The Facility contains approximately
58,000 square feet of office space,
laboratories, and hallways. The Facility
is located in a research park in a
commercial area. Within the East Wing
of the Facility, use of licensed materials
was confined to nine laboratories and
one room used for waste storage.
In winter 2009, the Licensee ceased
licensed activities and initiated a survey
and decontamination of the East Wing
of the Facility. Based on the Licensee’s
historical knowledge of the site and the
conditions of the East Wing 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 East Wing 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 in the East Wing of
the Facility, and seeks the unrestricted
use of the East Wing of its Facility.
jlentini on DSKJ8SOYB1PROD with NOTICES
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted in the East Wing of
the Facility shows that such activities
involved use of the following
radionuclides with half-lives greater
than 120 days: Hydrogen-3, carbon-14,
and calcium-45. Prior to performing the
final status survey, the Licensee
conducted decontamination activities,
as necessary, in the areas of the East
Wing of the Facility affected by these
radionuclides.
VerDate Nov<24>2008
16:18 Sep 28, 2009
Jkt 217001
The Licensee conducted a final status
survey between April 13 and May 1,
2009. This survey covered Laboratories
110, 120, 130, 140, 150, 175, 185, and
187; the waste room; and the connecting
hallways. The final status survey report
was attached to the Licensee’s
amendment request dated July 29, 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. 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 the East Wing of the Facility.
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 East Wing
of 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 East Wing of the Facility
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
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
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 in the East
Wing of 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
East Wing of 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.
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 August 10,
2009. On September 10, 2009, the New
Jersey Department of Environmental
Protection 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
E:\FR\FM\29SEN1.SGM
29SEN1
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
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
BILLING CODE 7590–01–P
The NRC staff has prepared this EA in
support of the proposed action. On the
basis of this EA, the NRC finds that
there are no significant environmental
impacts from the proposed action, and
that preparation of an environmental
impact statement is not warranted.
Accordingly, the NRC has determined
that a Finding of No Significant Impact
is appropriate.
jlentini on DSKJ8SOYB1PROD with NOTICES
IV. Further Information
Documents related to this action,
including the application for license
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at 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] Letter dated July 29, 2009 with the
‘‘Decommissioning Survey for Ligand
Pharmaceuticals’’ ML092170692;
[2] NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
[3] Title 10, Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
[4] Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’ and
[5] NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of
NRC–Licensed Nuclear Facilities.’’
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
VerDate Nov<24>2008
16:18 Sep 28, 2009
Jkt 217001
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. E9–23459 Filed 9–28–09; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0429; Docket No. 030–05249]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 29–01035–01, for
Unrestricted Release of the FMC
Corporation Facility Located In
Princeton, 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) 337–5268;
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–
01035–01. This license is held by FMC
Corporation (the Licensee), for its FMC
Corporation Princeton Chemical
Research and Development Center (the
Facility), located at U. S. Route 1 and
Plainsboro Road in Princeton, New
Jersey. Issuance of the amendment
would authorize release of the Facility
for unrestricted use. The Licensee
requested this action in a letter dated
August 5, 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.
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Fmt 4703
Sfmt 4703
49899
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s August 5, 2009, license
amendment request, resulting in release
of the Facility for unrestricted use.
License No. 29–01035–01 was issued on
August 24, 1956, 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.
The Facility is situated on 114 acres
and consists of multiple buildings
housing office space and laboratories.
The Facility is located in a mixed
industrial/commercial area. Within the
Facility, use of licensed materials was
confined to Building 2 and Building 22.
In 2008, 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.
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: hydrogen-3,
carbon-14, and chlorine-36. 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 on June 15–17, and August 6,
2009. This survey covered Building 2,
Laboratories 2–1130, 2–1135, 2–1140,
2–1150, 2–1155, 2–1160, 2–1162, 2–
1165, 2–1175, 2–1205, 2–1210, 2–1230,
2–1245, 2–1250, 2–1255, 2–14742–2135,
E:\FR\FM\29SEN1.SGM
29SEN1
]]>Agencies
[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49897-49899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23459]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0430; Docket No. 030-33542]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 29-30152-01, for Unrestricted Release of the Ligand
Pharmaceuticals Facility in Cranbury, 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
issuance of a license amendment to Byproduct Materials License No. 29-
30152-01. This license is held by Ligand Pharmaceuticals (the
Licensee), for its Ligand Pharmaceuticals facility (the Facility),
located at 3000 Eastpark Boulevard in Cranbury, New Jersey. Issuance of
the amendment would authorize release of the East Wing of the Facility
for unrestricted use. The Licensee requested this action in a letter
dated July 29, 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
[[Page 49898]]
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 29, 2009,
license amendment request, resulting in release of the East Wing of the
Facility for unrestricted use. License No. 29-30152-01 was issued on
July 21, 1994, 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.
The Facility contains approximately 58,000 square feet of office
space, laboratories, and hallways. The Facility is located in a
research park in a commercial area. Within the East Wing of the
Facility, use of licensed materials was confined to nine laboratories
and one room used for waste storage.
In winter 2009, the Licensee ceased licensed activities and
initiated a survey and decontamination of the East Wing of the
Facility. Based on the Licensee's historical knowledge of the site and
the conditions of the East Wing 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 East Wing 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 in the East
Wing of the Facility, and seeks the unrestricted use of the East Wing
of its Facility.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted in the East
Wing of the Facility shows that such activities involved use of the
following radionuclides with half-lives greater than 120 days:
Hydrogen-3, carbon-14, and calcium-45. Prior to performing the final
status survey, the Licensee conducted decontamination activities, as
necessary, in the areas of the East Wing of the Facility affected by
these radionuclides.
The Licensee conducted a final status survey between April 13 and
May 1, 2009. This survey covered Laboratories 110, 120, 130, 140, 150,
175, 185, and 187; the waste room; and the connecting hallways. The
final status survey report was attached to the Licensee's amendment
request dated July 29, 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 the East Wing of the Facility. 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 East Wing of 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 East Wing of
the Facility 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 in the East Wing of
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 East Wing of 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.
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 August 10,
2009. On September 10, 2009, the New Jersey Department of Environmental
Protection 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
[[Page 49899]]
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] Letter dated July 29, 2009 with the ``Decommissioning Survey
for Ligand Pharmaceuticals'' ML092170692;
[2] NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
[3] Title 10, Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
[4] Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;'' and
[5] NUREG-1496, ``Generic Environmental Impact Statement in Support
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities.''
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at Region I, 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. E9-23459 Filed 9-28-09; 8:45 am]
BILLING CODE 7590-01-P
