[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Notices]
[Pages 25582-25583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12402]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0217; Docket No. 030-35868]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Nuclear 
Materials License No. 06-30693-01, for Termination of the License and 
Unrestricted Release of the Protometrix--an Invitrogen Company Facility 
in Branford, CT

AGENCY: Nuclear Regulatory Commission.

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

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FOR FURTHER INFORMATION CONTACT: Thomas K. Thompson, Sr. Health 
Physicist, Commercial and R&D 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:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of an amendment terminating Byproduct Materials License No. 
06-30693-01. This license is held by Protometrix--an Invitrogen Company 
(the Licensee), for its facility located at 688 East Main Street, 
Branford, Connecticut (the Facility). Issuance of the amendment would 
authorize release of the Facility for unrestricted use and terminate 
the NRC license. The Licensee requested this action in a letter dated 
March 12, 2009. 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, and the license 
will be terminated, 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 March 12, 2009, 
license amendment and termination request, resulting in release of the 
Facility for unrestricted use and the termination of its NRC materials 
license. License No. 06-30693-01 was issued on November 19, 2001, 
pursuant to 10 CFR part 30, and has been amended periodically since 
that time. This license authorizes the Licensee to use hydrogen-3, 
carbon-14, phosphorus-32, phosphorus-33, sulfur-35, and iodine 125 for 
conducting research and development.
    The Facility is a one story building of approximately 13,787 square 
feet, consisting of warehouse spaces, office spaces, and laboratories. 
Within the Facility, use of licensed materials was largely confined to 
two small laboratories with a total area of approximately 330 square 
feet. The Facility is located in an industrial area. Within the 
Facility, the radionuclides of concern were hydrogen-3 and carbon-14 
because the half-life of these isotopes is greater than 120 days.
    In January 2009, the Licensee last handled byproduct materials, 
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 a half-life greater than 120 days: hydrogen-3 and 
carbon-14.
    The Licensee conducted a final status survey in January 2009. This 
survey covered the areas of use in the Facility. The final status 
survey report was received March 12, 2009. 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. 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

[[Page 25583]]

Criteria for License Termination of NRC-Licensed Nuclear Facilities'' 
Volumes 1-3 (NUREG-1496) (ADAMS Accession Nos. 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 
and termination 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 confirms that the Facility 
meets the requirements of 10 CFR 20.1402 for unrestricted release and 
for license termination. Additionally, denying the amendment and 
termination 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, Department of Environmental Protection, Division of 
Radiation, for review on April 9, 2009. The State replied by electronic 
mail on April 17, 2009, indicating they agreed with the conclusions of 
the Environmental Assessment.
    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 termination 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. NRC License No. 06-30693-01 Amendment 05 issued January 15, 2009 
(ADAMS Accession No. ML013270325);
    2. Termination request dated March 12, 2009 (ADAMS Accession No. 
ML090780841);
    3. Additional information on termination request dated March 20, 
2009 (ADAMS Accession No. ML090970767);
    4. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance,'' 
Volume 2;
    5. Title 10, Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination'';
    6. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions'';
    7. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities,'' Volumes 1-3.
    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 475 Allendale Road, King of Prussia, PA this 19th day 
of May 2009.

    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial & R&D, Division of Nuclear Materials Safety, Region 
I.
[FR Doc. E9-12402 Filed 5-27-09; 8:45 am]
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