[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Notices]
[Pages 54693-54694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15421]



[[Page 54693]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-03795]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Materials 
License No. 06-07522-01, for Termination of the License and 
Unrestricted Release of United Technologies Corporation's Facility in 
East Hartford, CT

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for License Amendment.

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FOR FURTHER INFORMATION CONTACT: Bryan A. Parker, Health Physicist, 
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 
I, 475 Allendale Road, King of Prussia, Pennsylvania 19406; telephone 
404-562-4728; fax number 610-337-5269; or by e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of a license amendment to Byproduct Materials License No. 06-
07522-01. This license is held by United Technologies Corporation (the 
Licensee) for its United Technologies Research Center located at 411 
Silver Lane, East Hartford, Connecticut (the Facility). Issuance of the 
amendment would authorize release of the Facility for unrestricted use 
and termination of the NRC license. The Licensee requested this action 
in a letter dated September 15, 2004. The license authorized use of 
licensed materials at other United Technologies Corporation facilities 
and temporary job sites anywhere in the United States where the NRC 
maintains jurisdiction; however, all use of unsealed radioactive 
materials under the license occurred at the East Hartford Facility. 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 September 15, 
2004, license amendment request, resulting in release of the Facility 
for unrestricted use and termination of the NRC license. License No. 
06-07522-01 was issued in 1961, 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. No outdoor areas were affected by the use of licensed materials.
    The Facility was built over the period of the 1940s to 1980s in an 
industrial area. The affected areas consist of laboratory space in 
three buildings totaling approximately 13,500 square feet.
    In June 2002, the Licensee ceased licensed activities 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 its 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 and license termination.

Need for the Proposed Action

    The Licensee has ceased conducting licensed activities at the 
Facility, and seeks the unrestricted use of its Facility and the 
termination of the NRC materials license. Termination of its license 
would end the Licensee's obligation to pay annual license fees to the 
NRC for this license.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted at the 
Facility shows that such activities involved use of a number of 
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 Facility 
affected by these radionuclides.
    The Licensee conducted a final status survey in July 2002, with 
some followup surveys in March 2003. These surveys covered several 
rooms and areas within Buildings D, G, and H of the Facility. The final 
status survey report was attached to the Licensee's amendment request 
dated September 15, 2004. 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 at 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 Facility. No such hazards or impacts to the environment 
were identified. The NRC has identified no other radiological or non-
radiological activities in the area that could result in cumulative 
environmental impacts.
    The NRC staff finds that the proposed release of the Facility for 
unrestricted use and the termination of the NRC materials license 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.

[[Page 54694]]

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 and license 
termination. 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 State 
of Connecticut's Department of Environmental Protection for review on 
June 12, 2006. On August 18, 2006, the State of Connecticut's 
Department of Environmental Protection responded by electronic mail. 
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 http://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 (as applicable):
    1. NRC License No. 06-07522-01 inspection and licensing records.
    2. License Termination Request with attached NRC Form 314 dated 
September 15, 2004 and Final Radiological Status Report for United 
Technologies Corporation, 411 Silver Lane, East Hartford, Connecticut, 
dated June 18, 2004 [ADAMS Accession No. ML042670211].
    3. Letter of Additional Information to Support Final Status Survey, 
dated November 3, 2005 [ADAMS Accession No. ML053250520].
    4. Letter of Additional Information to Support Final Status Survey, 
dated December 6, 2005 [ADAMS Accession No. ML053560247].
    5. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
    6. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination;''
    7. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions;''
    8. 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 [email protected]. 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 King of Prussia, Pennsylvania, this 6th day of 
September 2006.

    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E6-15421 Filed 9-15-06; 8:45 am]
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