[Federal Register: May 28, 2009 (Volume 74, Number 101)]
[Notices]
[Page 25582-25583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my09-100]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: Thomas.Thompson@nrc.gov.
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 pdr@nrc.gov. 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]
BILLING CODE 7590-01-P