[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 965-967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-202]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 03003754]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Materials 
License No. 06-00217-06, for Amendment of the License and Unrestricted 
Release of a Portion of the ABB, Inc. Facility in Windsor, 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: Jim Schmidt, Health Physicist, 
Decommissioning Branch, Division of Nuclear Materials Safety, Region I, 
475 Allendale Drive, King of Prussia, Pennsylvania 19406-1415; 
telephone (610)-337-5276; 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 License No. 06-00217-06. 
This license is held by ABB, Inc. (the Licensee), for its CE Windsor 
Site (the Facility), located at 2000 Day Hill Road in Windsor, 
Connecticut. Issuance of the amendment would authorize a partial site 
release of 365 contiguous acres of the 612 acre facility for 
unrestricted use. The Licensee requested this action in a letter dated 
December 27, 2007. The NRC has prepared an Environmental Assessment 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 Environmental Assessment, the NRC has concluded that a 
Finding of No Significant Impact is appropriate with respect to the 
proposed action. The amendment will be issued to the Licensee following 
the publication of this Finding of No Significant Impact and 
Environmental Assessment in the Federal Register.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve the Licensee's December 27, 2007, 
license amendment request, resulting in the partial site release of 365 
contiguous acres of the Windsor, Connecticut facility for unrestricted 
use. Historical NRC-licensed activities previously conducted at the 
Facility included research, development, and commercial fuel 
fabrication and component repair. Additionally, the Facility was also 
used to fabricate naval fuel for the United States Government. License 
No. 06-00217-06 was issued in the 1960's pursuant to 10 CFR Part 30 and 
has been amended periodically since that time. The license currently 
authorizes the Licensee to possess and use unsealed byproduct material, 
and limited amounts of source and special nuclear material, solely for 
purpose of conducting decommissioning activities at the Facility.
    The Facility is situated on 612 acres of which about a third is 
developed with buildings containing office space, fabrication shops, 
and laboratories. The balance of the Facility is comprised of 
undeveloped wooded land. The Facility is located in an industrial zone 
with nearby property that includes commercial, agricultural, 
industrial, and residential areas. Within the Facility, NRC-licensed 
material was confined to numerous laboratories and fabrication 
buildings associated with commercial nuclear activities. All of these 
buildings have been removed and the impacted areas remediated. Those 
areas of the facility that were involved with the United States 
Government fuel fabrication have been designated as Formally Utilized 
Sites Remedial Action Program areas and have not yet been remediated. 
The Formally Utilized Sites Remedial Action Program areas within the 
Facility include two buildings having a total footprint of about 50,000 
ft\2\ along with other undeveloped areas having a total footprint of 
about 15 acres. Also located within the Facility boundary is a 10.6 
acre plot of land previously used as a United States Navy training site 
which was owned by the United States Government and was previously 
remediated by the United States Department of Energy.
    On September 13, 2007, the Licensee completed the licensed 
decommissioning activities for the non-Formally Utilized Sites Remedial 
Action Program areas of the Facility and requested that all of these 
areas be removed from control of NRC License No. 06-00217-06. These 
activities were conducted in accordance with a decommissioning plan 
that was approved for use as part of Amendment 54 to License No. 06-
00217-06. The Licensee conducted final status surveys of these areas of 
the Facility and provided information to the NRC to demonstrate that it 
meets the criteria in Subpart E to 10 CFR Part 20 for unrestricted 
release. On December 27, 2007, the Licensee requested that only 365 
contiguous acres of the non-Formally Utilized Sites Remedial Action 
Program areas be considered for unrestricted release in order to 
provide buffer areas around the Formally Utilized Sites Remedial Action 
Program areas on the Facility that have yet to be remediated.

Need for the Proposed Action

    The Licensee has ceased conducting licensed activities within the 
areas of the Facility for which the partial site release has been 
requested and seeks unrestricted use of the area. License No. 06-00217-
06 will remain in place for the balance of the Facility to support 
future Formally Utilized Sites Remedial Action Program decommissioning 
and eventual site release.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted at the 
Facility shows that such activities involved primarily uranium-234, 
uranium-235, uranium-238, cesium-137, and cobalt-60. Prior to 
performing the final status survey for the areas for which the 
unrestricted release has been requested, the Licensee conducted 
decontamination and remediation activities, as necessary, in the areas 
of the Facility affected by these radionuclides. The Licensee conducted 
final status surveys between 2005 and 2007. These surveys covered all 
impacted areas within the requested partial site release portion of the 
Facility. Notification that decommissioning activities in non-Formally 
Utilized Sites Remedial Action Program areas of the site were complete 
was provided in the Licensee's letter dated September 13, 2007. The 
Licensee elected to demonstrate compliance with the radiological 
criteria for unrestricted release as specified in 10 CFR Part 20.1402 
by developing derived concentration guideline levels for its Facility. 
The Licensee conducted site-specific dose modeling using input 
parameters specific to the Facility. This dose modeling used the 
residential farmer scenario. The Licensee thus determined the maximum 
amount of residual radioactivity on building surfaces, equipment, 
materials, and soils

[[Page 966]]

that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 
for unrestricted release. The NRC previously reviewed the Licensee's 
methodology and the proposed derived concentration guideline levels, 
and concluded that the proposed derived concentration guideline levels 
were acceptable for use as release criteria at the Facility. The NRC's 
approval of the Licensee's proposed derived concentration guideline 
levels was published in the Federal Register on June 1, 2004 (Volume 
69, Number 105). The Licensee's final status survey results were below 
these derived concentration guideline levels, and are thus acceptable.
    The Oak Ridge Institute for Science and Education and NRC staff 
conducted confirmatory surveys between March 24 and March 27, 2008. 
None of the confirmatory sample results exceeded the derived 
concentration guideline levels established for the Facility. 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 within the partial site release area of the Facility. The NRC 
staff reviewed the docket file records and the final status survey 
reports 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 portion of the 
Facility described above for unrestricted use is in compliance with 10 
CFR 20.1402. Although the Licensee will continue to perform licensed 
activities at other parts of the Facility, the Licensee must ensure 
that this decommissioned area does not become recontaminated. Before 
the license can be terminated, the Licensee will be required to show 
that the entire Facility, including previously-released areas, complies 
with the radiological criteria in 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 inconsistent with 10 CFR 
30.36(d) and 10 CFR 70.38(d) requiring that decommissioning of 
byproduct material and special nuclear 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 
partial site release area 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 
considered further.

Conclusion

    The NRC staff reviewed the environmental impacts of the proposed 
action in accordance with the requirements of 10 CFR Part 51 and NRC's 
unrestricted release criteria specified in 10 CFR 20.1402. The NRC 
staff has determined that the partial site release of the ABB, Inc. 
site would not significantly affect the quality of the human 
environment. Therefore, an environmental impact statement is not 
warranted for the proposed action, and pursuant to 10 CFR 51.31, a 
Finding of No Significant Impact is appropriate.

Agencies and Persons Consulted

    On September 19, 2008, the NRC provided a draft of this 
Environmental Assessment to the Connecticut Department of Environmental 
Protection for review. On November 6, 2008, Mr. Michael Firsick of the 
Connecticut Department of Environmental Protection responded by e-mail. 
The State agreed with the conclusions of the Environmental Assessment, 
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

    On the basis of this Environmental Assessment, the NRC finds that 
there are no significant environmental impacts from the proposed 
partial site release action as described above. Accordingly, 
preparation of an environmental impact statement is not warranted and 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 Documents 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. Letter dated October 31, 2005, from ABB to NRC, ``Final Status 
Survey Report--Building 2 Complex'' with attachments (ADAMS Accession 
No. ML053320512, ML053320517, ML053320521, ML053320522, ML053320523, 
ML053320524, ML053320525, ML053320526, ML053320527, ML053320530, 
ML053320532, ML053320536, ML053320539, and ML053320540);
    6. Letter dated February 7, 2006, from ABB to NRC, ``Final Status 
Survey Report--Building 17 Complex'' with attachments (ADAMS Accession 
No. ML060670224, ML060670354, ML060670385, ML060670398, ML060670405, 
ML060670408, ML060670411, ML060670425, ML060670444, ML060670451,

[[Page 967]]

ML060670456, ML060670470, ML060670478, and ML060670489);
    7. Letter dated May 2, 2006, from ABB to NRC, ``Final Status Survey 
Report--Building 5/6A Complex'' with attachments (ADAMS Accession No. 
ML061300647, ML061600110, ML061600128, ML061600142, ML061600154, 
ML061600158, ML061600160, ML061600178, ML061600184, ML061600185, 
ML061600186, ML061600187, ML061600280, ML061600292, ML061600304, 
ML061600315, ML061600324, and ML061600331);
    8. Letter dated September 13, 2007, from ABB to NRC, ``Final Status 
Survey Report'' with attachments (ADAMS Accession No. ML072890334, 
ML072890351, ML072890359, ML072890361, ML072890362, ML072890533, 
ML072890542, ML072890545, ML072890552, ML072890556, ML072890565, 
ML072890572, ML072890586, ML072890590, ML072890603, ML072890611);
    9. Letter dated December 27, 2007, from ABB to NRC, ``Partial Site 
Release'' (ADAMS Accession No. ML080020357);
    10. Letter dated June 27, 2008, from ORISE to NRC, ``Final Report--
Confirmatory Survey for the Partial Site Release at the ABB Inc. CE 
Windsor Site; Windsor, Connecticut'' (ADAMS Accession No. ML082420398); 
and
    11. NRC Inspection Report 03000754/2008001, dated September 30, 
2008, (ADAMS Accession Nos. ML082730833 and ML082730842).
    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 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 Public Document Room, O 1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. 
The Public Document Room reproduction contractor will copy documents 
for a fee.

    Dated at King of Prussia, Pennsylvania, this 30th day of 
December, 2008.

    For the Nuclear Regulatory Commission.
Eugene Cobey,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region I.
 [FR Doc. E9-202 Filed 1-8-09; 8:45 am]
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