[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 39059-39061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15409]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-17205]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Nuclear 
Materials License No. 06-19244-01, for Termination of the License and 
Unrestricted Release of the Delta Lighting Corporation Facility in 
Stamford, 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: Thomas K. Thompson, Sr. Health 
Physicist, Commercial, Research and Development Branch, Division of 
Nuclear Materials Safety, Region I, 475 Allendale Road, King of 
Prussia, Pennsylvania 19406; telephone (610) 337-5303; fax number (610) 
337-5269; or by e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 39060]]

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of an amendment to byproduct materials License No. 06-19244-
01. This license is held by Delta Lighting Corporation (the Licensee), 
for its facility located at 200 Henry Avenue, Stamford, 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 October 15, 2007. 
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 October 15, 2007, 
license amendment request, resulting in release of the Facility for 
unrestricted use and the termination of its NRC materials license. 
License No. 06-19244-01 was issued on May 30, 1980, pursuant to 10 CFR 
Part 30, and has been amended periodically since that time. This 
license authorized the Licensee to use sealed sources containing 
hydrogen-3 to assemble equipment that was distributed to the Department 
of Defense.
    The Facility is comprised of a 5-story building, approximately 635 
feet long and 68 foot wide, consisting of office space and 
laboratories. Within the Facility, use of licensed materials was 
confined to the east end of the third floor of the building. The 
Facility is located in a mixed residential/commercial area. Within the 
Facility, the radionuclide of concern was hydrogen-3 because the half-
life of this isotope is greater than 120 days.
    On August 16, 2007, the Licensee ceased licensed activities and 
initiated a survey of the affected areas 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 the NRC-approved operating radiation 
safety procedures, would be 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 
for 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 its NRC materials license. Termination of its license 
would end the Licensee's obligation to pay annual license fees to the 
NRC.

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: hydrogen-3.
    The Licensee conducted a final status survey on August 16, 2007. 
This survey covered the areas of use in the Facility. The final status 
survey report was attached to the Licensee's amendment request dated 
October 15, 2007. The Licensee demonstrated 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 Decommissioning Guidance,'' Volume 2. The radionuclide-
specific derived concentration guideline levels (DCGLs), developed by 
the NRC, which comply with the dose criterion in 10 CFR 20.1402, were 
not exceeded. 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'' 
(MUREG-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 Licensee's 
final status survey data confirmed that the Facility meets the 
requirements of 10 CFR 20.1402 for unrestricted release and for 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.

[[Page 39061]]

Agencies and Persons Consulted

    NRC provided a draft of this Environmental Assessment to the State 
of Connecticut, Department of Environmental Protection, Division of 
Radiation, for review on January 3, 2008. On April 17, 2008, the State 
of Connecticut 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.

NRC License No. 06-19244-01 (ML013040402);
Termination request dated October 15, 2007 (ML072970647);
Additional information on termination request October 31, 2007 
(ML073120241);
Additional information on termination request dated December 3, 2007 
(ML073410648);
License application dated December 5, 1979 (ML073520073);
License application dated March 25, 1980 (ML073520085);
License application dated July 30, 2001 (ML012220088);
Inspection report dated June 2005 (ML051880266);
NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination;''
Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions;''
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 
1F21, 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 26th day of June 
2008.

    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial, Research and Development Branch, Division of Nuclear 
Materials Safety, Region I.
[FR Doc. E8-15409 Filed 7-7-08; 8:45 am]
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