[Federal Register Volume 68, Number 60 (Friday, March 28, 2003)]
[Notices]
[Pages 15247-15249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7488]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-05357]


Environmental Assessment and Finding of No Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Environmental Assessment and Finding of No 
Significant Impact related to license amendment of Byproduct Material 
License No. 29-08978-02, Novartis Pharmaceuticals Corporation, East 
Hanover, New Jersey.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
the issuance of a license amendment to Byproduct Material License No. 
29-08978-02 to authorize release of its facility in Summit, New Jersey, 
for unrestricted use and has prepared an Environmental Assessment in 
support of this action. Based upon the Environmental Assessment, the 
NRC has concluded that a Finding of No Significant Impact is 
appropriate, and, therefore, an Environmental Impact Statement is 
unnecessary.

FOR FURTHER INFORMATION CONTACT: Donna Janda, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission, Region I, 475 
Allendale Road, King of Prussia, Pennsylvania 19406; telephone (610) 
337-5371 or e-mail [email protected].

SUPPLEMENTARY INFORMATION: The U. S. Nuclear Regulatory Commission 
(NRC) is considering amending Byproduct Materials License No. 29-08978-
02 and authorizing the release of the licensee's facility in Summit, 
New Jersey, for unrestricted use and has prepared an Environmental 
Assessment (EA) and Finding of No Significant Impact (FONSI) in support 
of this action.

SUMMARY: The NRC reviewed the results of the decommissioning of the 
Novartis Pharmaceuticals Corporation (Novartis) facility in Summit, New 
Jersey. Novartis was formed in 1997 from the merger of Ciga-Geigy 
Corporation and Sandoz Corporation. From 1963 to 1997, Ciba-Geigy was 
authorized by NRC under Materials License No. 29-00459-03 to use 
radioactive materials for research and development purposes at the 
Summit facility. After the merger, Novartis continued to perform the 
same activities at the Summit facility under Materials License No. 29-
00459-03 until 1998, when the license was terminated and the facility 
was added to Novartis' Materials License No. 29-08978-02. In January 
2003, Novartis ceased operations with licensed materials at the Summit 
site, and in February 2003, requested that NRC release the facility for 
unrestricted use. Novartis has conducted surveys of the Summit facility 
and determined that the facility meets the license termination criteria 
in subpart E of 10 CFR part 20. The NRC staff has evaluated Novartis' 
request and results of the surveys, and

[[Page 15248]]

has developed an Environmental Assessment (EA) in accordance with the 
requirements of 10 CFR part 51. Based on the staff evaluation, the 
conclusion of the EA is a Finding of No Significant Impact (FONSI) on 
human health and the environment for the proposed licensing action.

Introduction

    Novartis requested release for unrestricted use of the entire 
facility at 556 Morris Avenue, Summit, New Jersey, as authorized by the 
NRC License No. 29-08978-02. License No. 29-08978-02 was issued in 1968 
and amended in March 1998 to include the Summit site. It authorizes 
Novartis to perform activities in Buildings 130, L, LX, and U at 556 
Morris Avenue, Summit, New Jersey. NRC-licensed activities at the 
Summit site were limited to laboratory procedures typically performed 
on bench tops and in hoods. A variety of radionuclides were used 
primarily for research and development. No outdoor areas were affected 
by the use of licensed materials.
    Licensed activities ceased completely in January 2003, and the 
licensee requested release of the facility for unrestricted use. 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 the licensee's radiation 
safety procedures, were required. A decommissioning plan was not 
required to be submitted to NRC. The licensee surveyed the facility, 
decontaminated or remediated areas as needed, and provided 
documentation that the facility meets the license termination criteria, 
specified in subpart E of 10 CFR part 20, and does not require 
additional decommissioning activities to be performed. NRC inspectors 
inspected the decommissioning activities at the Summit facility on 
November 26, 2002, December 19, 2002, January 10, 2003, and February 
12, 2003. The inspectors observed surveys and wipe tests being 
performed and reviewed the licensee's records related to 
decommissioning and survey activities. The licensee subsequently 
requested that the Novartis facility in Summit, New Jersey be released 
for unrestricted use.

The Proposed Action

    The proposed action is to amend Byproduct Materials License No. 29-
08978-02 and release the facility at 556 Morris Avenue, Summit, New 
Jersey for unrestricted use. By letter dated February 6, 2003, Novartis 
provided survey results which demonstrate that the Summit site is in 
compliance with the radiological criteria for license termination in 
subpart E, 10 CFR part 20, ``Radiological Criteria for License 
Termination.''

Purpose and Need for the Proposed Action

    The purpose of the proposed action is to amend NRC Byproduct 
Materials License No. 29-08978-02 and release the Novartis site in 
Summit, New Jersey for unrestricted use. NRC is fulfilling its 
responsibilities under the Atomic Energy Act to make a decision on a 
proposed license amendment for release of a facility for unrestricted 
use that ensures protection of public health and safety and the 
environment.

Alternative to the Proposed Action

    Since the facility at the Summit site has already been surveyed and 
found acceptable for release for unrestricted use, the only alternative 
to the proposed action of amendment of the license and release of the 
Summit site for unrestricted use is no action. The no-action 
alternative would be to keep the facility on the license, which is not 
acceptable because the licensee does not plan to perform any activities 
with licensed materials at this location and does not plan to maintain 
staff to perform licensed activities. Maintaining the areas under a 
license would provide negligible, if any, environmental benefit and 
would reduce options for future use of the property.

The Affected Environment and Environmental Impacts

    The NRC staff has reviewed the surveys performed by Novartis to 
demonstrate compliance with the 10 CFR 20.1402 license termination 
criteria. Based on its review, the staff has determined that the 
affected environment and environmental impacts associated with the 
release for unrestricted use of the Novartis Summit facility 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). The staff 
also finds that the proposed release for unrestricted use of the 
Novartis facility is in compliance with Title 10, Code of Federal 
Regulations, part 20.1402, ``Radiological Criteria for Unrestricted 
Use.'' The NRC has found no other activities in the area that could 
result in cumulative impacts.

Agencies and Persons Consulted, and Sources Used

    This EA was prepared entirely by the NRC staff. The State Office of 
Historical Preservation, the State Fish and Wildlife Service, and the 
U.S. Fish and Wildlife Service were not contacted because release of 
the Novartis facility for unrestricted use does not affect historical 
or cultural resources, nor will it affect threatened or endangered 
species. No other sources were used beyond those referenced in this EA.
    NRC provided a draft of its Environmental Assessment to the State 
of New Jersey Department of Environmental Protection (NJDEP) for 
review. On March 10, 2003, the NJDEP responded by letter and agreed 
with the conclusions of the EA.

Conclusion and Finding of No Significant Impact

    Based on its review, the NRC staff has concluded that the completed 
action complies with 10 CFR part 20. NRC has prepared this EA in 
support of the proposed license amendment to release the facility at 
556 Morris Avenue, Summit, New Jersey, for unrestricted use. On the 
basis of the EA, NRC has concluded that the environmental impacts from 
the proposed action are expected to be insignificant and has determined 
not to prepare an environmental impact statement for the proposed 
action.

List of Preparers

    Donna M. Janda, Health Physicist, Division of Nuclear Materials 
Safety, Region 1.

List of References

    1. NRC License Nos. 29-08978-02 and 29-00459-03 inspection and 
licensing records.
    2. Letter dated December 3, 2001, with attachment from Novartis 
Pharmaceuticals Corporation. [ADAMS Accession No. ML013550047]
    3. Letter dated September 6, 2002, with attachment from Novartis 
Pharmaceuticals Corporation. [ADAMS Accession No. ML022660406]
    4. Letter dated February 6, 2003, with attachment from Novartis 
Pharmaceuticals Corporation. [ADAMS Accession Nos. ML030510365, 
ML030510378, and ML030510379]
    5. Title 10, Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination.''
    6. Title 10, Code of Federal Regulations, Part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions.''

    The application for the license amendment and supporting 
documentation are available for inspection at NRC's Public Electronic 
Reading Room at http://www.nrc.gov/reading-rm/ADAMS.html. Any questions 
with respect to this action should be referred to Donna Janda,

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Nuclear Materials Safety Branch 2, Division of Nuclear Materials 
Safety, Region 1, 475 Allendale Road, King of Prussia, Pennsylvania 
19406, telephone (610) 337-5371, fax (610) 337-5269.

    Dated at King of Prussia, Pennsylvania this 21st day of March, 
2003.

    For the Nuclear Regulatory Commission.
John D. Kinneman,
Chief, Nuclear Materials Safety Branch 2, Division of Nuclear Materials 
Safety, Region I.
[FR Doc. 03-7488 Filed 3-27-03; 8:45 am]
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