Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License; Department of the Army, 44374-44376 [2011-18758]
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Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Notices
on the basis that the agency’s actions
violated the ELM. E.g., In re Arbitration
between U.S. Postal Service and
National Association of Letter Carriers,
Case No. G06N–4G–C 10205542 (2011)
(Sherman, Arb.); In re Arbitration
between U.S. Postal Service and
National Association of Letter Carriers,
Case No. E06N–4E–C 09419348 (2010)
(Duffy, Arb.); In re Arbitration between
U.S. Postal Service and National
Association of Letter Carriers, Case No.
F06N–4F–C 09221797 (2010) (Monat,
Arb.); In re Arbitration between U.S.
Postal Service and National Association
of Letter Carriers, Case No. B01N–4B–C
06189348 (2010) (LaLonde, Arb.).
The appellants in the above-captioned
appeals have all raised similar
arguments before the Board pertaining
to alleged violations of their restoration
rights under the ELM. The Board,
however, has not yet addressed the
implications of ELM § 546.142(a) on
restoration appeals of partially
recovered U.S. Postal Service employees
under 5 CFR 353.304(c).
The above-captioned appeals thus
present the following legal issues: (1)
May a denial of restoration be ‘‘arbitrary
and capricious’’ within the meaning 5
CFR 353.304(c) solely for being in
violation of the ELM, i.e., may the Board
have jurisdiction over a restoration
appeal under that section merely on the
basis that the denial of restoration
violated the agency’s own internal rules;
and (2) what is the extent of the
agency’s restoration obligation under
the ELM, i.e., under what circumstances
does the ELM require the agency to offer
a given task to a given partially
recovered employee as limited duty
work?
Interested parties may submit amicus
briefs or other comments on these issues
no later than August 24, 2011. Amicus
briefs must be filed with the Clerk of the
Board. Briefs shall not exceed 30 pages
in length. The text shall be doublespaced, except for quotations and
footnotes, and the briefs shall be on 81⁄2
by 11 inch paper with one inch margins
on all four sides.
DATES: All briefs submitted in response
to this notice shall be filed with the
Clerk of the Board on or before August
24, 2011.
ADDRESSES: All briefs shall be captioned
‘‘James C. Latham, et al. v. U.S. Postal
Service’’ and entitled ‘‘Amicus Brief.’’
Only one copy of the brief need be
submitted. Briefs must be filed with the
Office of the Clerk of the Board, Merit
Systems Protection Board, 1615 M
Street, NW., Washington, DC 20419.
FOR FURTHER INFORMATION CONTACT:
Matthew Shannon, Office of the Clerk of
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16:15 Jul 22, 2011
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the Board, Merit Systems Protection
Board, 1615 M Street, NW., Washington,
DC 20419; (202) 653–7200;
mspb@mspb.gov.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2011–18647 Filed 7–22–11; 8:45 am]
BILLING CODE 7400–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–06394; NRC–2008–0523]
Environmental Assessment and
Finding of No Significant Impact for
License Amendment to Source
Materials License; Department of the
Army
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of availability.
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 19406. Telephone: 610–
337–5366; fax number: 610–337–5269;
e-mail: Dennis.Lawyer@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to
Source Materials License No. SMB–141.
This license is held by the Department
of the Army, U.S. Army Research,
Development and Engineering
Command (ARDEC), Army Research
Laboratory (ARL) (the Licensee), for its
U.S. Army Research Laboratory facility
(the Facility) located at the Aberdeen
Proving Ground (APG), Maryland.
Issuance of the amendment would
authorize release of a portion of the
Facility, specifically the Building 1103A
area, for unrestricted use. The Licensee
requested this action in a letter dated
March 31, 2010. The NRC has prepared
an Environmental Assessment (EA) in
support of this proposed action in
accordance with the requirements of
Title 10 of the Code of Federal
Regulations (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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II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s March 31, 2010, license
amendment request, resulting in release
of the Building 1103A area for
unrestricted use. License No. SMB–141
was issued on April 12, 1961, pursuant
to 10 CFR Part 40, and has been
amended periodically since that time.
This license authorized the Licensee to
use uranium and thorium for purposes
of conducting research and
development activities; fabrication,
modification, and testing of
components, parts, and/or devices; and
munitions testing.
The Building 1103A area is a former
radioactive material processing and
storage facility on Spesutie Island at
APG. Historical activities at the
Building 1103A area involved the
unloading of depleted uranium
contaminated targets in a central asphalt
area; storage and staging of the targets in
one of three vaults; cutting and
machining of the targets; and storage
and reloading of the resulting steel
pieces in preparation for
decontamination, disposal, or reuse.
The Building 1103A area occupies an
area of about 36,600 square feet, of
which 7,000 square feet is comprised of
buildings.
In August 2009, the Licensee ceased
licensed activities at the Building 1103A
area and initiated a survey and
decontamination of the Building 1103A
area. Based on the Licensee’s historical
knowledge of the site and the conditions
of the Building 1103A area, the Licensee
determined that a decommissioning
plan was required. The
decommissioning plan was submitted
and was approved in License
Amendment #30, issued on November
20, 2008, (Agencywide Document
Access and Management System
[ADAMS] Accession No.
ML083260281). In accordance with their
NRC-approved decommissioning plan
(ADAMS Accession Numbers
ML081550541, ML081550549,
ML081550553, ML081550557, and
ML081550561), the Licensee performed
cleanup activities. The Licensee then
conducted surveys of the Building
1103A Area and provided information
to the NRC to demonstrate that the
Building 1103A Area 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 Building 1103A
area, and seeks the unrestricted use of
the Building 1103A area.
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Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Notices
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Building
1103A area shows that such activities
involved use of depleted uranium
radionuclides with half-lives greater
than 120 days. Prior to performing the
final status survey, the Licensee
conducted decontamination activities,
as necessary, in the areas of the Building
1103A area affected by these
radionuclides.
The Licensee conducted a final status
survey during the period of September
2009 through December 2009, August
2010, and December 2010. This survey
covered all of the Building 1103A area
including soil and building areas. The
final status survey report was attached
to the Licensee’s letter dated, February
17, 2011 (ADAMS Accession Number
ML110630042). The Licensee elected to
demonstrate compliance with the
radiological criteria for unrestricted
release of buildings as specified in 10
CFR 20.1402 by developing derived
concentration guideline levels (DCGLs)
for the Building 1103A area. The
Licensee conducted site-specific dose
modeling using input parameters
specific to the Building 1103A area.
Specifically, the site specific ratio of
uranium-234, uranium-235, and
uranium-238 was used along with NRC
and U.S. Environmental Protection
Agency modeling data. The Licensee
thus determined the maximum amount
of residual radioactivity on building
surfaces, equipment, materials and soils
that will satisfy the NRC requirements
in Subpart E of 10 CFR Part 20 for
unrestricted release. The NRC reviewed
the Licensee’s methodology and
proposed DCGLs, and concluded that
the proposed DCGLs are acceptable for
use as release criteria at the Building
1103A area. The Licensee’s final status
survey results were below these DCGLs
and are thus acceptable.
The environmental impacts
considered are to people residing on the
site after decommissioning and,
therefore, subject to radiation exposure
principally caused by residual
radioactivity in soil; impacts to people
working in site buildings after
decommissioning and therefore subject
to radiation exposure principally caused
by residual radioactivity on building
surfaces impacts; and impacts to plant
and animal populations after
decommissioning and therefore subject
to radiation exposure principally caused
by residual radioactivity in soil. These
same impacts were reviewed by and
evaluated by NUREG–1496, ‘‘Generic
Environmental Impact Statement in
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Support of Rulemaking (GEIS) on
Radiological Criteria for License
Termination of NRC–Licensed Nuclear
Facilities,’’ Volumes 1–3 (ADAMS
Accession Numbers ML042310492,
ML042320379, and ML042330385].
Specifically, section 2.4.3.2 on page
2–9 of the GEIS Volume 1 lists these
impacts and others that were evaluated
for non-fuel cycle nuclear material
facilities. The GEIS also states that the
types of facilities which are included in
the analysis include non-fuel cycle
nuclear material facilities as stated in
section 3.2.1 starting on page 3–1 of
Volume 1.
Based on its review, the NRC staff has
determined that the affected
environment and any environmental
impacts associated with the proposed
action are bounded by the impacts
evaluated by the GEIS. Because the GEIS
found that there were no significant
impacts for the non-fuel cycle nuclear
material facilities, which would include
the Building 1103A area, the staff finds
there were no significant environmental
impacts from the use of radioactive
material at the Building 1103A area. 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 Building
1103A area. No such hazards or impacts
to the environment were identified. The
NRC staff 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 Building 1103A area
described above for unrestricted use is
in compliance with 10 CFR 20.1402.
Although the Licensee will continue to
perform licensed activities at the
Facility, the Licensee must ensure that
this decommissioned area, the Building
1103A area, does not become recontaminated. In connection with the
eventual termination of License No.
SMB–141, the Licensee will be required
to show that all licensed areas and
previously-released areas at the Facility
comply with the radiological criteria in
10 CFR 20.1402. Based on its review,
the staff considered the impact of the
residual radioactivity at the Building
1103A area 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 and
are bounded by the GEIS. Therefore, the
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44375
only alternative the NRC staff
considered is the no-action alternative,
under which the staff would deny the
amendment request and leave things as
they currently exists. This no-action
alternative is not feasible because it
conflicts with 10 CFR 40.42, requiring
that decommissioning of separate
buildings or outdoor areas at source
material facilities be completed and
approved by the NRC after licensed
activities there cease. The NRC’s
analysis of the Licensee’s final status
survey data confirmed that the Building
1103A area meets the requirements of
10 CFR 20.1402 for unrestricted release
and the NRC has no reason not to
approve release of the Building 1103A
area. Additionally, denying the
amendment request would result in no
change of the environmental impacts
between the alternate and the proposed
action. 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 and that the
proposed action will not significantly
impact the quality of the human
environment.
Agencies and Persons Consulted
NRC provided a draft of this EA to the
Maryland Department of the
Environment (MDE) Air and Radiation
Management Administration and Land
Management Administration for review
on March 17, 2011. On April 20, 2011,
the MDE responded by electronic mail.
The MDE agreed with the conclusions of
the EA and otherwise had no technical
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
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Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
impact statement is not warranted.
Accordingly, the NRC has determined
that a FONSI is appropriate.
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
IV. Further Information
Documents related to this action,
including the application for license
amendment and supporting
documentation, are available
electronically at the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. From this site, you can
access the NRC’s 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 Letter dated
March 31, 2010 (ML101170783);
2. Final Status Survey Report dated
March 2010 (ML101180233),
(ML101180244), (ML101180276),
(ML101180281);
3. Letter dated July 15, 2010
(ML102030110);
4. Letter dated September 27, 2010
(ML103280172);
5. Final Status Survey Report
Revision 1 September 2010
(ML103280196), (ML103280205),
(ML103280235), (ML103280252),
(ML103280264), (ML103280270),
(ML103280465), (ML103280475),
(ML103280468);
6. Letter dated February 17, 2011
(ML110630042);
7. Final Status Survey Report
Revision 2, dated January 2011
(ML110630049), (ML110630443),
(ML110630528), (ML110630524),
(ML110630444), (ML110630428);
8. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance’’;
9. Title 10, Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination’’;
10. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions’’; and
11. 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.resource@nrc.gov. These documents
may also be viewed electronically on
the public computers located at the
NRC’s Public Document Room, One
White Flint North, 11555 Rockville
Dated at King of Prussia, Pennsylvania this
12th day of July 2011.
For The Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
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16:15 Jul 22, 2011
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[FR Doc. 2011–18758 Filed 7–22–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–271, NRC–2011–0168]
Vermont Yankee Nuclear Power
Station; Notice of Withdrawal of
Application for Amendment to Facility
Operating License
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
has granted the request of Vermont
Yankee Nuclear Power Station (the
licensee) to withdraw its August 19,
2010, application for proposed
amendment to Facility Operating
License No. DPR–28 for the Vermont
Yankee Nuclear Power Station, located
in Vernon, Vermont.
The proposed amendment would
have revised the Technical
Specifications to be consistent with
Standard Technical Specifications
3.6.1.8 ‘‘Suppression Chamber-toDrywell Vacuum Breakers’’ and 3.6.2.5
‘‘Drywell-to-Suppression Chamber
Differential Pressure,’’ along with the
associated Bases, of NUREG–1433,
Revision 3, ‘‘Standard Technical
Specifications General Electric Plants,
BWR/4,’’ modified to account for plant
specific design details.
The Commission had previously
issued a Notice of Consideration of
Issuance of Amendment published in
the Federal Register on October 5, 2010
(75 FR 61525). However, by letter dated
July 7, 2011, the licensee withdrew the
proposed change.
For further details with respect to this
action, see the application for
amendment dated August 19, 2010
(Agencywide Documents and Access
and Management System (ADAMS)
Accession No. ML102360042), and the
licensee’s letter dated July 7, 2011
(Accession No. ML11193A009), which
withdrew the application for license
amendment. Documents may be
examined, and/or copied for a fee, at the
NRC’s Public Document Room (PDR),
located at One White Flint North, Public
File Area O1 F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available documents created or
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received at the NRC are accessible
electronically through the Agencywide
Documents Access and Management
System (ADAMS) in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, or 301–415–4737 or
by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 18th day
of July 2011.
For the Nuclear Regulatory Commission.
James Kim,
Project Manager, Plant Licensing Branch 1–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2011–18757 Filed 7–22–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS), Meeting of the
ACRS Subcommittee on U.S.
Advanced Pressurized Water Reactor;
Notice of Meeting
The ACRS Subcommittee on U.S.
Advanced Pressurized Water Reactor
(US–APWR) will hold a meeting on
August 17, 2011, Room T–2B1, 11545
Rockville Pike, Rockville, Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
Wednesday, August 17, 2011—8:30
a.m. until 5 p.m.
The Subcommittee will review
Chapter 10, ‘‘Steam and Power
Conversion System, of the’’ Safety
Evaluation Report (SER) associated with
the US–APWR design certification and
Chapter 8, ‘‘Electric Power,’’ of the SER
associated with the Comanche Peak
Reference Combined License
Application (RCOLA). The
Subcommittee will hear presentations
by and hold discussions with the NRC
staff, Luminant Generation Company
LLC, Mitsubishi Heavy Industries, and
other interested persons regarding this
matter. The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Mrs. Ilka Berrios
(Telephone 301–415–3179 or E-mail:
Ilka.Berrios@nrc.gov) five days prior to
the meeting, if possible, so that
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]]>Agencies
[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Notices]
[Pages 44374-44376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18758]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-06394; NRC-2008-0523]
Environmental Assessment and Finding of No Significant Impact for
License Amendment to Source Materials License; Department of the Army
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of availability.
-----------------------------------------------------------------------
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 19406. Telephone:
610-337-5366; fax number: 610-337-5269; e-mail: Dennis.Lawyer@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of a license amendment to Source Materials License No. SMB-
141. This license is held by the Department of the Army, U.S. Army
Research, Development and Engineering Command (ARDEC), Army Research
Laboratory (ARL) (the Licensee), for its U.S. Army Research Laboratory
facility (the Facility) located at the Aberdeen Proving Ground (APG),
Maryland. Issuance of the amendment would authorize release of a
portion of the Facility, specifically the Building 1103A area, for
unrestricted use. The Licensee requested this action in a letter dated
March 31, 2010. The NRC has prepared an Environmental Assessment (EA)
in support of this proposed action in accordance with the requirements
of Title 10 of the Code of Federal Regulations (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 March 31, 2010,
license amendment request, resulting in release of the Building 1103A
area for unrestricted use. License No. SMB-141 was issued on April 12,
1961, pursuant to 10 CFR Part 40, and has been amended periodically
since that time. This license authorized the Licensee to use uranium
and thorium for purposes of conducting research and development
activities; fabrication, modification, and testing of components,
parts, and/or devices; and munitions testing.
The Building 1103A area is a former radioactive material processing
and storage facility on Spesutie Island at APG. Historical activities
at the Building 1103A area involved the unloading of depleted uranium
contaminated targets in a central asphalt area; storage and staging of
the targets in one of three vaults; cutting and machining of the
targets; and storage and reloading of the resulting steel pieces in
preparation for decontamination, disposal, or reuse. The Building 1103A
area occupies an area of about 36,600 square feet, of which 7,000
square feet is comprised of buildings.
In August 2009, the Licensee ceased licensed activities at the
Building 1103A area and initiated a survey and decontamination of the
Building 1103A area. Based on the Licensee's historical knowledge of
the site and the conditions of the Building 1103A area, the Licensee
determined that a decommissioning plan was required. The
decommissioning plan was submitted and was approved in License
Amendment 30, issued on November 20, 2008, (Agencywide
Document Access and Management System [ADAMS] Accession No.
ML083260281). In accordance with their NRC-approved decommissioning
plan (ADAMS Accession Numbers ML081550541, ML081550549, ML081550553,
ML081550557, and ML081550561), the Licensee performed cleanup
activities. The Licensee then conducted surveys of the Building 1103A
Area and provided information to the NRC to demonstrate that the
Building 1103A Area 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
Building 1103A area, and seeks the unrestricted use of the Building
1103A area.
[[Page 44375]]
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Building 1103A area shows that such activities involved use of depleted
uranium radionuclides with half-lives greater than 120 days. Prior to
performing the final status survey, the Licensee conducted
decontamination activities, as necessary, in the areas of the Building
1103A area affected by these radionuclides.
The Licensee conducted a final status survey during the period of
September 2009 through December 2009, August 2010, and December 2010.
This survey covered all of the Building 1103A area including soil and
building areas. The final status survey report was attached to the
Licensee's letter dated, February 17, 2011 (ADAMS Accession Number
ML110630042). The Licensee elected to demonstrate compliance with the
radiological criteria for unrestricted release of buildings as
specified in 10 CFR 20.1402 by developing derived concentration
guideline levels (DCGLs) for the Building 1103A area. The Licensee
conducted site-specific dose modeling using input parameters specific
to the Building 1103A area. Specifically, the site specific ratio of
uranium-234, uranium-235, and uranium-238 was used along with NRC and
U.S. Environmental Protection Agency modeling data. The Licensee thus
determined the maximum amount of residual radioactivity on building
surfaces, equipment, materials and soils that will satisfy the NRC
requirements in Subpart E of 10 CFR Part 20 for unrestricted release.
The NRC reviewed the Licensee's methodology and proposed DCGLs, and
concluded that the proposed DCGLs are acceptable for use as release
criteria at the Building 1103A area. The Licensee's final status survey
results were below these DCGLs and are thus acceptable.
The environmental impacts considered are to people residing on the
site after decommissioning and, therefore, subject to radiation
exposure principally caused by residual radioactivity in soil; impacts
to people working in site buildings after decommissioning and therefore
subject to radiation exposure principally caused by residual
radioactivity on building surfaces impacts; and impacts to plant and
animal populations after decommissioning and therefore subject to
radiation exposure principally caused by residual radioactivity in
soil. These same impacts were reviewed by and evaluated by NUREG-1496,
``Generic Environmental Impact Statement in Support of Rulemaking
(GEIS) on Radiological Criteria for License Termination of NRC-Licensed
Nuclear Facilities,'' Volumes 1-3 (ADAMS Accession Numbers ML042310492,
ML042320379, and ML042330385]. Specifically, section 2.4.3.2 on page 2-
9 of the GEIS Volume 1 lists these impacts and others that were
evaluated for non-fuel cycle nuclear material facilities. The GEIS also
states that the types of facilities which are included in the analysis
include non-fuel cycle nuclear material facilities as stated in section
3.2.1 starting on page 3-1 of Volume 1.
Based on its review, the NRC staff has determined that the affected
environment and any environmental impacts associated with the proposed
action are bounded by the impacts evaluated by the GEIS. Because the
GEIS found that there were no significant impacts for the non-fuel
cycle nuclear material facilities, which would include the Building
1103A area, the staff finds there were no significant environmental
impacts from the use of radioactive material at the Building 1103A
area. 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 Building 1103A area. No
such hazards or impacts to the environment were identified. The NRC
staff 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 Building 1103A
area described above for unrestricted use is in compliance with 10 CFR
20.1402. Although the Licensee will continue to perform licensed
activities at the Facility, the Licensee must ensure that this
decommissioned area, the Building 1103A area, does not become re-
contaminated. In connection with the eventual termination of License
No. SMB-141, the Licensee will be required to show that all licensed
areas and previously-released areas at the Facility comply with the
radiological criteria in 10 CFR 20.1402. Based on its review, the staff
considered the impact of the residual radioactivity at the Building
1103A area 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 and are bounded by the GEIS.
Therefore, the only alternative the NRC staff considered is the no-
action alternative, under which the staff would deny the amendment
request and leave things as they currently exists. This no-action
alternative is not feasible because it conflicts with 10 CFR 40.42,
requiring that decommissioning of separate buildings or outdoor areas
at source material facilities be completed and approved by the NRC
after licensed activities there cease. The NRC's analysis of the
Licensee's final status survey data confirmed that the Building 1103A
area meets the requirements of 10 CFR 20.1402 for unrestricted release
and the NRC has no reason not to approve release of the Building 1103A
area. Additionally, denying the amendment request would result in no
change of the environmental impacts between the alternate and the
proposed action. 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 and that the proposed action will not significantly impact the
quality of the human environment.
Agencies and Persons Consulted
NRC provided a draft of this EA to the Maryland Department of the
Environment (MDE) Air and Radiation Management Administration and Land
Management Administration for review on March 17, 2011. On April 20,
2011, the MDE responded by electronic mail. The MDE agreed with the
conclusions of the EA and otherwise had no technical 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
[[Page 44376]]
impact statement is not warranted. Accordingly, the NRC has determined
that a FONSI 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 Library at https://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's 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 Letter dated March 31, 2010 (ML101170783);
2. Final Status Survey Report dated March 2010 (ML101180233),
(ML101180244), (ML101180276), (ML101180281);
3. Letter dated July 15, 2010 (ML102030110);
4. Letter dated September 27, 2010 (ML103280172);
5. Final Status Survey Report Revision 1 September 2010
(ML103280196), (ML103280205), (ML103280235), (ML103280252),
(ML103280264), (ML103280270), (ML103280465), (ML103280475),
(ML103280468);
6. Letter dated February 17, 2011 (ML110630042);
7. Final Status Survey Report Revision 2, dated January 2011
(ML110630049), (ML110630443), (ML110630528), (ML110630524),
(ML110630444), (ML110630428);
8. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance'';
9. Title 10, Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination'';
10. Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions''; and
11. 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.resource@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's Public
Document Room, One White Flint North, 11555 Rockville Pike, Rockville,
MD 20852. The PDR reproduction contractor will copy documents for a
fee.
Dated at King of Prussia, Pennsylvania this 12th day of July
2011.
For The Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. 2011-18758 Filed 7-22-11; 8:45 am]
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