[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Notices]
[Pages 2715-2717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-793]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 03000883 and 03008709]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Materials 
License Nos. 29-05218-28 and 29-15188-01, for Amendment of the Licenses 
and Unrestricted Release of the Rutgers, the State University of New 
Jersey and the University of Medicine and Dentistry of New Jersey 
Environmental Services Building Annex in Piscataway, 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: Steve Hammann, Health Physicist, 
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 
I, 475 Allendale Road, King of Prussia, Pennsylvania; telephone (610) 
337-5399; 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 license amendments to Byproduct Materials License Nos. 29-
05218-28 and 29-15188-01. These licenses are held by Rutgers, The State 
University of New Jersey and the University of Medicine and Dentistry 
of

[[Page 2716]]

New Jersey (the Licensees), for the Environmental Services Building 
Annex (the Facility), located at 126 Davidson Road in Piscataway, New 
Jersey. Issuance of the amendments would authorize release of the 
Facility for unrestricted use. The Licensees requested this action in a 
letter dated November 2, 2006. 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 amendments will be issued to the Licensees 
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 Licensees' November 2, 2006, 
license amendment requests, resulting in release of the Facility for 
unrestricted use. Utilization of licensed material at the Facility 
started on March 13, 1962, with the use of an irradiator for research 
and development. The irradiator ceased operations in the mid 1970s. 
From the mid 1970s through August 2005, the Facility served as a 
processing, packaging, and storage area for radioactive wastes for the 
Licensees. The Facility is situated on approximately one acre of land 
and has three attached buildings with a total area of 2,461 square 
feet. The Facility is located on the Bush Campus of Rutgers University.
    In August 2005, the Licensees ceased licensed activities at the 
Facility and on September 22, 2006, initiated a final status survey of 
the Facility. Based on the Licensees' historical knowledge of the site 
and the conditions of the Facility, the Licensees determined that only 
routine decontamination activities, in accordance with their NRC-
approved operating radiation safety procedures, were required. The 
Licensees were not required to submit a decommissioning plan to the NRC 
because worker cleanup activities and procedures were consistent with 
those approved for routine operations. The Licensees 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 Licensees have ceased conducting licensed activities at the 
Facility and seek the unrestricted use of the Facility.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted at the 
Facility shows that the radionuclides of concern with half-lives 
greater than 120 days are hydrogen-3, carbon-14, and cesium-137. Prior 
to performing the final status survey, the Licensees conducted 
decontamination activities, as necessary, in the areas of the Facility 
affected by these radionuclides.
    The Licensees conducted a final status survey on September 22, 
2006. The final status survey report was submitted to the NRC with the 
Licensees' amendment request dated November 2, 2006. The Licensees 
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 Licensees 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 Licensees' 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 Licensees' 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.

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 Licensees' 
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.

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 for review on 
December 4, 2006. On December 14, 2006, the State of 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

[[Page 2717]]

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.
    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. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities;''
    5. Notification Letter dated September 6, 2006 (ML062850444);
    6. Amendment Request Letter with Final Status Report (ML063210371).
    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 12th day of January, 
2007.

    For The Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E7-793 Filed 1-19-07; 8:45 am]
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