[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60770-60772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17078]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 04000341]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Source Materials License 
No. STC-133 Authorizing the Use of Site-Specific Derived Concentration 
Guideline Levels When Determining if Unrestricted Release Criteria Has 
Been Met for the Defense Logistics Agency, Defense Nuclear Supply 
Center Depot in Somerville, NJ

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: Dennis Lawyer, Health Physicist, 
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 
1, 475 Allendale Road, King of Prussia, Pennsylvania; telephone 610-
337-5366; fax number 610-337-5393; 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 Source Materials License No. STC-
133. This license is held by Defense Logistics Agency (DLA or the 
Licensee) at multiple sites. The site at issue is its Defense National 
Stockpile Center

[[Page 60771]]

located at U.S. Highway Route 206 South in Somerville, New Jersey (the 
Facility). Issuance of the amendment would authorize the licensee to 
use site-specific Derived Concentration Guideline Levels (DCGLs) in a 
later survey of the Facility to determine if the Facility can be 
released for unrestricted use under the criteria in 10 CFR 20.1402. The 
use of the site-specific DCGLs requires an exemption to the definition 
of weighting factors in 10 CFR 20.1003. The Licensee requested this 
action in a letter dated October 19, 2005. 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 NRC plans to issue 
the amendment 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 October 19, 2005, 
license amendment request to use site-specific DCGLs as part of a later 
request (not yet submitted) to release the Facility for unrestricted 
use under the criteria in 10 CFR 20.1402. License No. STC-133 was 
issued on July 23, 1983, pursuant to 10 CFR part 40, and has been 
amended periodically since that time. This license authorized the 
Licensee to use unsealed source material for purposes of storage, 
sampling, repackaging, and transfer.
    Based on the approved DCGLs, the Licensee will conduct surveys of 
the Facility and provide information to the NRC to demonstrate that the 
Facility 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 approval of site-specific DCGLs through 
issuance of an exemption to the definition of weighting factors in 10 
CFR 20.1003. The licensee needs these site specific DCGL values for 
later determining if the Facility meets the criteria for unrestricted 
use. NRC is fulfilling its responsibilities under the Atomic Energy Act 
to make a timely decision on a proposed license amendment that ensures 
protection of public health and safety and the environment.

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 half-lives greater than 120 days: natural uranium 
and thorium mixtures.
    An amendment specifying the site specific DCGLs is required before 
the Licensee can use such DCGL values to later demonstrate compliance 
with unrestricted release criteria. The Licensee conducted site-
specific dose modeling using input parameters specific to the Facility 
and a conservative assumption that all residual radioactivity is in 
equilibrium. Federal Guidance Report Number 13 was used to modify the 
dose conversion factors because it is based on an improved, more 
realistic dosimetry model. The selected critical age group is adults as 
the expected future use of this facility will be industrial. Based on 
the type of building, and its proximity to an existing railroad, there 
is no compelling evidence to indicate that the building will be used 
for other than industrial activities. The NRC has reviewed the 
Licensee's methodology and proposed DCGLs and finds that the proposed 
DCGLs are acceptable for use at the Facility. Federal Guidance Report 
Number 13, as an updated dosimetry model, uses different weighting 
factors than is published in 10 CFR part 20. The weighting factors are 
used to determine effective dose equivalent and total dose equivalent. 
Therefore, an exemption to the definition of weighting factors in 10 
CFR 20.1003 is required to use Federal Guidance Report Number 13. The 
use of Federal Guidance Report Number 13 for dose modeling and 
weighting factors is acceptable for this Facility.
    Based on its review, the staff has 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. 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 site specific DCGLs identified 
by the Licensee are acceptable for use at its Facility. 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 EA to the State of New Jersey's 
Department of Environmental Protection for review on June 21, 2006. On 
July 20, 2006, the State of New Jersey responded by letter. The State 
agreed with the conclusions of the EA if the DCGL's are adjusted from 
the NRC's 25 millirem per year standard to the Department of 
Environmental Protection's remediation criterion of 15 millirem per 
year (N.J.A.C. 7:28-12.8(a)). While, 15 millirem per year is the State 
of New Jersey criterion, for the purpose of NRC consideration of the 
proposed action, the NRC must implement DCGLs that support the 25 
millirem per year standard set forth in 10 CFR 20.1402. The Department 
of Environmental Protection also requests that the deed restriction 
referenced on page 2 of the letter dated April 26, 2006, ``Defense 
Logistics Agency, Request for Additional Information Concerning 
Application for Amendment to License'' [ML061220479] be in place before 
approval of NRC license termination. The NRC found that based on the 
type of building, railroad distribution, and truck access, there is no 
compelling evidence to indicate that the building will be used for 
other than industrial activities. NRC determined that no deed 
restriction will be necessary should the Licensee pursue its plans to 
seek the unrestricted use of its Facility.
    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.

[[Page 60772]]

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.
    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. Letter dated October 19, 2005, ``Amendment to Source Materials 
License'' [Adams Accession No. ML053060017];
    5. Letter dated December 29, 2005, ``Amendment to Source Material 
License STC-133--Request to use Commodity Specific DCGLs at Binghamton 
and Somerville Depots'' [ML060040304];
    6. Letter dated February 7, 2006, ``Amendment to Source Material 
License STC-133--Request to Use Commodity Specific DCGLs at Binghamton 
and Somerville Depots'' [ML060410319];
    7. Letter dated April 26, 2006, ``Defense Logistics Agency, Request 
for Additional Information Concerning Application for Amendment to 
License'' [ML061220479];
    8. ``Radiological Historical Site Assessment Report, Defense 
National Stockpile Center, Somerville Depot, Hillsborough, NJ'' dated 
January 2006 [ML060730422];
    9. ``Radiological Historical Site Assessment Report, Defense 
National Stockpile Center, Binghamton Depot, Binghamton, NY'' dated 
February 2006 [ML060730408].
    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 Region 1, 475 Allendale Road, King of Prussia this 6th 
day of October 2006.

    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region 1.
[FR Doc. E6-17078 Filed 10-13-06; 8:45 am]
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