[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3816-3819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00526]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-06377; NRC-2014-0041]


Department of the Army, U.S. Army Research, Development and 
Engineering Command, Armament Research, Development and Engineering 
Center, Picatinny Arsenal; Picatinny, New Jersey

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
the issuance to license amendment of SUB-348, issued on July 13, 1961 
and held by the Department of the Army, U.S. Army Research, Development 
and Engineering Command (RDEC), Armament Research, Development and 
Engineering Center (ARDEC or the licensee), for its facilities located 
at the Picatinny Arsenal in Morris County, New Jersey.

DATES: The Environmental assessment and finding of no significant 
impact referenced in this document is available on January 12, 2017.

ADDRESSES: Please refer to Docket ID NRC-2014-0041 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0041. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. For 
the convenience of the reader, the ADAMS accession numbers are provided 
in a table in the ``Availability of Documents'' section of this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Laurie A. Kauffman, Division of 
Nuclear Materials Safety, Region I, U.S. Nuclear Regulatory Commission, 
King of Prussia, PA 19406; telephone: 610-337-5323; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering the issuance of a license amendment to NRC's 
Source Materials License No. SUB-348 (License No. SUB-348). The license 
is held by the Department of the Army, U.S. Army Research, Development 
and Engineering Command (RDEC), Armament Research, Development and 
Engineering Center (ARDEC or the licensee), for its facilities located 
at the Picatinny Arsenal in Morris County, New Jersey. The ARDEC 
submitted to the NRC a license amendment request and proposed 
decommissioning plan for Area 1222. The ARDEC requested authorization 
to decontaminate the small remaining amounts of depleted uranium and 
radium in Area 1222, and proposed a decommissioning plan that included 
information describing how Area 1222 would meet the criteria described 
in part 20 of title 10 of the Code of Federal Regulations (CFR), 
subpart E, ``License Termination Criteria'' following decommissioning. 
Issuance of the amendment would authorize the decontamination of Area 
1222. The ARDEC license would not be otherwise affected, and the ARDEC 
will continue to conduct authorized activities under this license at 
other locations on the Picatinny Arsenal site. The ARDEC requested this 
action in a letter dated July 23, 2013 (ADAMS Accession No. 
ML14078A564). The NRC's consideration of the license amendment request 
for the proposed decommissioning plan, and notice of an opportunity to 
request a hearing was publicly noticed in Federal Register notice (79 
FR 18934-18936; March 27, 2014) (ADAMS Accession No. ML14058A702).
    The NRC has prepared an environmental assessment (EA) in support of 
its review of the proposed actions in accordance with the requirements 
of 10 CFR part 51 ``Environmental Protection Regulations for Domestic 
Licensing and Related Regulatory Functions,'' which implements the 
NRC's environmental protection program under the National Environmental 
Policy Act (NEPA) of 1969, as amended. Based on this EA, the NRC has 
concluded that a finding of no significant impact (FONSI) is 
appropriate. The NRC will make a decision to amend the license 
following completion of a safety evaluation report.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action is to amend NRC License No. SUB-348 to 
authorize the decontamination of Area 1222 so that residual 
radioactivity above background can be reduced to a level that meets the 
criteria in 10 CFR part 20, subpart E, ``License Termination 
Criteria,'' specifically, 10 CFR 20.1402, ``Radiological Criteria for 
Unrestricted Use.'' This criteria allows unrestricted use of a site if 
the maximum total effective dose equivalent to an average member of the 
critical group is 25 millirem per year (0.25 millisievert (mSv) per 
year) and the residual radioactivity above background has been reduced 
to levels that are as low as is reasonably achievable.
    The NRC License No. SUB-348 was issued on July 13, 1961, pursuant 
to 10 CFR part 40, and has been amended periodically since that time. 
This license authorizes ARDEC to use uranium and thorium in any form 
for purposes of conducting research and development activities. The 
ARDEC conducts authorized activities under this license at numerous 
other locations on the arsenal, and is not requesting license 
termination.
    The Picatinny Arsenal is situated on 6,500 acres of land and 
consists of office space, laboratories, and specialized facilities. The 
Picatinny Arsenal is located in a mixed residential and commercial 
area. Area 1222, which includes an open detonation pit area and the 
adjacent hillside areas, is located on the arsenal property in the 
valley toward the northern end of the arsenal and lies at the base of 
the Copperas Mountain. In the 1970's, the ARDEC used Area 1222 for open 
detonation of munitions and as a demilitarization area. NRC-licensed 
activities performed in Area 1222 were restricted to the detonation of 
a limited number of mines containing small

[[Page 3817]]

quantities of depleted uranium and radium, specifically, the 
demilitarization of excess, unserviceable, or obsolete conventional 
munitions and explosives. Materials that are treated by open detonation 
at the arsenal include items such as small arms ammunition, land mines, 
mortars, bombs, fuses, detonators and other types of ordnance. The open 
detonation pit was subdivided into two areas: The interior area, which 
is within the berm area (approximately 1,800 square feet (ft\2\)), and 
the exterior area, which includes the area outside of the berm area 
(approximately 21,200 ft\2\). The hillside area is approximately 17,222 
ft\2\. The total area boundary of Area 1222 is approximately 40,222 
ft\2\. There are numerous structures in and around the open detonation 
pit exterior area. The largest structure is a blast shield which has a 
total surface area of 38 square meters and is constructed of steel. 
There are no contaminated systems or equipment on the site.
    In the late 1990's, ARDEC determined that Area 1222 was no longer 
required for licensed activities and initiated a survey and 
decontamination program. In 2011, ARDEC submitted an amendment 
application to renew their NRC Source Material License (SUB-348). The 
request noted that Area 1222 was considered potentially radiologically 
contaminated with depleted uranium, and possibly with fragments of 
luminescent gauges or dials containing radium from past limited 
research and development testing operations at the site. The request 
also included provisions for conducting minor surficial soil 
remediation if soil contamination is identified above the criteria 
identified for cleanup. In a letter dated July 23, 2013 (ADAMS 
Accession No. ML14078A564), ARDEC submitted a license amendment request 
and proposed decommissioning plan for Area 1222. In the proposed 
decommissioning plan, the ARDEC provided information regarding the 
previous characterization and remediation surveys, and a plan for the 
radiological survey and subsequent excavation, decontamination, and 
proper disposal of licensed radioactive material identified within Area 
1222. The ARDEC also provided information to the NRC stating that after 
decommissioning, Area 1222 would meet the criteria for release for 
unrestricted use as described in 10 CFR part 20, subpart E, ``License 
Termination Criteria.''

Need for the Proposed Action

    The current ARDEC license does not authorize decontamination 
activities to be conducted. The NRC regulations in 10 CFR 40.42, in 
part, require a decommissioning plan to be submitted and approved prior 
to the initiation of decommissioning if the procedures and activities 
necessary to carry out decontamination of an area could increase 
potential health and safety impacts to workers or the public. The 
proposed action would allow the ARDEC to remove any remaining 
radioactive material in Area 1222 to ultimately meet the criteria for 
release for unrestricted use as described in 10 CFR part 20, subpart E, 
``License Termination Criteria'' following decommissioning.

Environmental Impacts of the Proposed Action

    A historical review of licensed activities conducted in Area 1222 
shows that such activities involved use of depleted uranium and radium. 
The ARDEC proposes to conduct radiological surveys and subsequent 
excavation, decontamination, and disposal of licensed radioactive 
material identified within Area 1222. Following completion of these 
activities, the ARDEC would conduct a final status survey of the area. 
The ARDEC proposes to undertake this effort in accordance with the 
guidance contained in the ``Multi-Agency Radiation Survey and Site 
Investigation Manual (MARSSIM),'' NUREG-1575, Rev. 1 (ADAMS Accession 
No. ML082470583). The final determination that the site area meets the 
radiological criteria for release for unrestricted use would be 
contingent upon the NRC staff's approval of the licensee's final status 
survey report.
    The NRC staff has reviewed the decommissioning plan for ARDEC's 
Area 1222 site and examined the impacts of decontamination activities. 
Based on its review, the staff has determined that the affected 
environment and the environmental impacts associated with this 
decommissioning action are bounded by information contained in the 
``Generic Environmental Impact Statement (GEIS) in Support of 
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities,'' NUREG-1496, Vols. 1, 2 and 3 (ADAMS 
Accession Nos. ML042310492, ML042320379, and ML042330385, 
respectively).
    The NRC staff determined that the contaminants, the potential dose 
scenarios or pathways, the physical size of the area, and the volumes 
of waste expected to be generated are similar to those in the GEIS 
reference facilities, and do not change conclusions regarding 
environmental impacts. No additional non-radiological impacts were 
identified. A beneficial environmental impact of the proposed action is 
that there will no longer be depleted uranium contamination to the soil 
in Area 1222 because the depleted uranium contamination would be 
removed.
    In the Decommissioning Plan, the ARDEC states that they would 
implement controls and perform radiological sampling and analysis to 
limit the potential release of radioactive material. Contamination 
controls, such as the use of covers for loaded containers or vehicles, 
or water sprays for dust control, will be implemented during 
decommissioning activities to prevent airborne contamination from 
escaping the remediation work areas; therefore, no significant release 
of airborne contamination is anticipated. Air sampling and analysis 
will be conducted to ensure regulatory criteria are met for air 
effluents. No liquid effluents are expected to be generated during 
decommissioning. Controls, such as silt fences and water diversion 
berms will be put in place to control water inflow or runoff due to 
precipitation. Any radioactive waste generated will be placed in 
suitable transport containers that will be covered and staged within 
the property pending shipment to a licensed radioactive waste treatment 
or disposal facility.
    The ARDEC intends to use a contractor to perform remediation 
activities at Area 1222. The contractor will perform these activities 
under the authority of its NRC license. The ARDEC will oversee the 
activities and will maintain primary responsibility for the 
decommissioning project. As noted, the ARDEC has prepared a 
decommissioning plan describing the work to be performed, and, work 
activities are not anticipated to result in a dose to workers or the 
public in excess of the limits in 10 CFR part 20, ``Standards for 
Protection Against Radiation,'' consistent with decommissioning 
activities at similar sites.

Alternatives to the Proposed Action

    The only alternative the NRC staff considered is the no-action 
alternative, under which the staff would deny the amendment request to 
initiate remediation activities at Area 1222. Denying the amendment 
request would result in no decontamination at the site, leaving 
residual contamination. The environmental impacts of the no-action 
alternative are greater than the proposed action, therefore no-action 
alternative is accordingly not further considered.

[[Page 3818]]

Agencies and Persons Contacted

    The NRC staff prepared this EA with input from the Department of 
the Army, Installation Management Command, Environmental Affairs 
Division; the U.S. Fish and Wildlife Service New Jersey Field office; 
and the State of New Jersey Department of Environmental Protection 
(NJDEP).
    In accordance with Section 106 of the National Historic 
Preservation Act, the NRC staff contacted the Environmental Affairs 
Division of the Department of the Army, Installation Management 
Command. In a response letter dated February 1, 2016 (ADAMS Accession 
No. ML16060A404), the Environmental Affairs Division, on the basis of 
current information, indicated that surrounding, above ground, 
structures of age for historic assessment have been determined to not 
be eligible for listing on the National Register of Historic Places 
(NRHP) and that the likelihood of encountering and impacting below 
ground cultural resources, such as archaeological materials and 
property, is low. The above ground structures are considered equipment 
and are used as blast and exhaust deflectors and/or explosive barriers 
and therefore are not real property under NRHP assessments. 
Archaeological artifacts are not likely to be identified because Area 
1222 is previously disturbed due to the munitions testing. However, the 
Environmental Affairs Division also indicated that cultural resources 
potentially eligible for the NRHP could be encountered and impacted 
because the depth of the excavations, as described in the 
decommissioning plan, will go below four feet, which is the depth to 
which munitions were buried. Because of the potential impact on 
cultural resources, ARDEC will stop the project if cultural/
archaeological resources are discovered in Area 1222 so the 
Environmental Affairs Division can determine the significance of the 
identified resources.
    In accordance with Section 7 of the Endangered Species Act, the NRC 
staff contacted the Environmental Affairs Division of the Department of 
the Army, Installation Management Command. (U.S. NRC email to 
Department of the Army dated December 2, 2014 (ADAMS Accession No. 
ML14357A609)). In a response letter dated February 1, 2016 (ADAMS 
Accession No. ML16060A404), the Environmental Affairs Division 
indicated, on the basis of current information, that three federally-
listed endangered species, two state-listed endangered species, and one 
additional state species may have potential habitats within the project 
boundary. The three federally-listed endangered species identified are: 
the Indiana Bat (IBAT--Myotis sodalist); Northern Long-eared Bat 
(NLEB--Myotis septentrionalis); and the Bog Turtle (Gyptemys 
muhlenbergii). Since there will be no impacts to any vegetation (such 
as trees), there will be no impacts to the two federally-listed bat 
species. The Bog Turtle could be potentially impacted because the 
reptile could be in or around Area 1222 during the summer months. The 
two state-listed endangered species identified are: the Timber 
Rattlesnake (Crotalus horridus) and the Wood Turtle (Glyptemys 
insculpta). Both reptiles could be in the project area during the 
summer months; the rattlesnake lives near rocks and the turtle lives 
along Gorge Road and along the banks of Green Pond Brook. The last 
State species, which is not listed as endangered or threatened, is the 
Eastern Small-footed Bat (Myotis leibii). Although, this species is not 
listed as either endangered or threatened, there is a remote chance 
that this bat could be using the rip-rap hillside above the open 
detonation pit as a diurnal roost site and could be encountered in Area 
1222. If any of the above species are encountered or observed in Area 
1222, ARDEC stated it will stop the project so the Environmental 
Affairs Division can determine significance of the presence of the 
identified species.
    Based upon the above, the NRC staff also contacted the U.S. Fish & 
Wildlife Service, New Jersey Field office, for consultation and 
concurrence on the rare, threatened or endangered species that were 
identified by the Army's Environmental Affairs Division and could be 
present in the vicinity of the site (U.S. NRC email to U.S. Fish & 
Wildlife dated August 10, 2016 (ADAMS Accession No. ML16246A209)). In 
an email dated September 1, 2016 (ADAMS Accession No. ML16244A708), a 
representative of the U.S. Fish & Wildlife Service New Jersey Field 
office agreed with the conclusions of this EA that the proposed action 
would not result in impacts to endangered and threatened species and to 
cultural/archaeological resources.
    On August 23, 2016, the NRC staff provided a draft of this EA to 
the NJDEP for comment. In an email dated September 6, 2016 (ADAMS 
Accession No. ML16250A386), a representative of the NJDEP agreed with 
the conclusions of this EA.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA as part of its review of the 
requested license amendment for decommissioning the ARDEC's Area 1222 
on the Picatinny Arsenal site, Picatinny, New Jersey to reduce residual 
radioactivity to levels consistent with the release criteria for 
unrestricted use. On the basis of this EA, the NRC staff finds that 
there are no significant environmental impacts from the proposed 
amendment action, and that preparation of an environmental impact 
statement is not warranted. Accordingly, the NRC staff has determined 
that a FONSI is appropriate.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

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                   Document                          ADAMS Accession No./Web link/Federal Register Citation
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New World Technology, Final Report,             ML090820710
 Radiological Surveys and Sampling, Area 1222,
 ARDEC Picatinny Arsenal NJ, Revision 1,
 January 30, 2006.
New World Technology, Final Report,             ML062840662
 Radiological Remediation/Release Surveys and
 Sampling Project, Revision 4, September 27,
 2006.
Department of the Army, Final Report on         ML062910337
 Radiological Surveys and Support, Revision 3,
 dated July 21, 2006.
Department of the Army, Picatinny Arsenal       ML090820710
 Radiological Remediation/Release Surveys &
 Sampling Project, USA 99-109, Revision 1,
 dated January 30, 2006.
Department of the Army, Picatinny Arsenal       ML061510185
 Radiological Remediation/Release Surveys &
 Sampling Project, USA 99-109, Revision 3,
 dated January 30, 2006.
Letter dated October 19, 2011.................  ML112930069
Department of the Army, License Renewal         ML113140090
 Amendment 31, Control No. 575463, dated
 November 10, 2011.

[[Page 3819]]

 
Department of the Army, License Renewal         ML113140075
 Letter, Control No. 575463, dated November
 10, 2011.
Request for Comment on Plan to Release Area     ML14078A564
 1222, letter dated July 23, 2013.
Department of the Army, email dated October     ML13310B506
 31, 2013: Re: Additional Response to Request
 for Additional Information Regarding Plan to
 Release Area 1222.
Department of the Army, Acknowledgement of      ML13310B861
 Receipt of MARSSIM Final Status Survey and
 Sampling Work Plan, dated November 4, 2013.
Department of the Army, email dated January     ML14041A364
 28, 2014, Request for Additional Information.
Department of the Army, letter dated February   ML14258A062
 21, 2014, Re: Response to Comments on Plan to
 Release Area 1222.
Department of the Army, emails dated February   ML14062A097
 26, 2014 and January 28, 2014, Re: Request
 for Additional Information.
Department of the Army, email dated March 20,   ML14080A210
 2014, Re: Follow up and 2nd Deficiency
 Request.
Federal Register Notice (79 FR 18934-18936)     ML14058A702
 for Department of Army Picatinny Arsenal,
 Opportunity to Provide Comments, Request a
 Hearing and to Petition for leave to
 Intervene, dated March 27, 2014.
Response to NRC Request for Additional          ML14122A099
 Information; Area 1222 Radiological Release,
 letter dated April 11, 2014.
R. Lamoreaux Letter Re: DandD Code              ML14161A038
 Transmittal, letter dated June 9, 2014.
Department of the Army, email dated June 10,    ML14177A375
 2014, Re: Deficiency Response Update.
Department of the Army, Deficiency Response,    ML14205A271
 letter dated July 10, 2014.
Department of the Army; Email dated December    ML14357A609
 02, 2014, Re: Deficiency Request for NEPA
 Compliance and Section 106 Review(s)
 Concerning the Dept. of the Army, ARDEC,
 Picatinny Arsenal, NJ Decommissioning Plan.
Department of the Army, Request for Additional  ML15188A078
 Information Concerning NRC License
 Application, letter dated June 10, 2015.
Department of the Army, Memorandum dated 9      ML15222A258
 July 2015, Received in LAT on July 24, 2015,
 Subject: Response to NRC Request for
 Additional Information dated 10 June 2015;
 Area 1222 Radiological Release.
Department of the Army, Telephone Conversation  ML15239A789
 Record dated August 10, 2015, Deficiency
 Response to NRC Request for Additional
 Information, (Revised Decommissioning Plan
 Attachments 1 and 2).
Endangered Species Review in Support of the     ML16060A404
 Proposed Gorge Radiological Release Project
 dated February 1, 2016.
Record of Historic Property Consideration,      ML16060A403
 Department of the Army Installation
 Management Command headquarters, United
 States Army Garrison, Picatinny, Picatinny
 Arsenal, New Jersey 07806-5000, dated
 February 2, 2016.
U.S. NRC email to U.S. Fish & Wildlife Service  ML16246A209
 dated August 10, 2016.
The U.S. Fish & Wildlife Service letter dated   ML16244A708
 August 29, 2016.
State of New Jersey Department of               ML16250A386
 Environmental Protection--email dated
 September 1, 2016.
Federal Register Notice, Volume 65, No. 114,    ML003721257
 page 37186, dated Tuesday, June 13, 2000,
 ``Use of Screening Values to Demonstrate
 Compliance with the Federal Rule on
 Radiological Criteria for License
 Termination.''.
Title 10 Code of Federal Regulations, part 20,  http://www.nrc.gov/reading-rm/adams.html
 subpart E, ``Radiological Criteria for
 License Termination.''.
Title 10 of the Code of Federal Regulations,    http://www.nrc.gov/reading-rm/adams.html
 part 40, ``Domestic Licensing of Source
 Material.''.
Title 10 of the Code of Federal Regulations,    http://www.nrc.gov/reading-rm/adams.html
 part 51, ``Environmental Protection
 Regulations for Domestic Licensing and
 Related Regulatory Functions.''.
NUREG-1496, ``Generic Environmental Impact      http://www.nrc.gov/reading-rm/adams.html
 Statement in Support of Rulemaking on
 Radiological Criteria for License Termination
 of NRC-Licensed Nuclear Facilities.''.
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    Dated at King of Prussia, Pennsylvania, this 27th day of 
December 2016.
    For the Nuclear Regulatory Commission.
Raymond J. Powell,
Chief, Decommissioning and Technical Support Branch, Division of 
Nuclear Materials Safety, Region I.
[FR Doc. 2017-00526 Filed 1-11-17; 8:45 am]
 BILLING CODE 7590-01-P