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###### Nuclear Regulatory Commission

          - [Docket No. 030-31898] 

# AGENCY:

Nuclear Regulatory Commission. 

# ACTION:

Notice of availability. 

# FOR FURTHER INFORMATION CONTACT:

                        Jenny M. Johansen, Nuclear Materials Safety Branch 2, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406, telephone (610) 337-5071, fax (610) 337-5269; or by e-mail:                         *jmj@nrc.gov.*

# SUPPLEMENTARY INFORMATION:

## I. Introduction 

The Nuclear Regulatory Commission (NRC) is issuing a license amendment to Shaw Environmental, Inc. for Materials License No. 29-28575-01, to authorize release of its facility in Lawrenceville, New Jersey for unrestricted use. NRC has prepared an Environmental Assessment (EA) in support of this action in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. The amendment will be issued following the publication of this Notice. 

## II. EA Summary 

The purpose of the action is to authorize the release of the licensee's Lawrenceville, New Jersey facility for unrestricted use. Shaw Environmental, Inc. (Shaw) was authorized by NRC from August 14, 2003 to use radioactive materials for research and development purposes at the site. Shaw assumed responsibility for License 29-28575-01 from Envirogen, Inc., who was authorized by the NRC from January 29, 1991 to use radioactive materials for research and development purposes at the site until its assets were acquired and the license transferred to Shaw on August 14, 2003, by Amendment No. 8 of the license. On July 12, 2004, Shaw requested that NRC release the facility for unrestricted use. Shaw has conducted surveys of the facility and provided information to the NRC to demonstrate that the site meets the license termination criteria in subpart E of 10 CFR part 20 for unrestricted release. Shaw will continue licensed activities at another location, as authorized by the license. 

The NRC staff has prepared an EA in support of the license amendment. The facility was remediated and surveyed prior to the licensee requesting the license amendment. The NRC staff has reviewed the information and final status survey submitted by Shaw. Based on the its reviews, the staff has determined that there are no additional remediation activities necessary to complete the proposed action. Therefore, the staff considered the impact of the residual radioactivity at the facility and concluded that since the residual radioactivity meets the requirements in subpart E of 10 CFR part 20, a Finding of No Significant Impact is appropriate. 

## III. Finding of No Significant Impact 

The staff has prepared the EA (summarized above) in support of the license amendment to release the facility for unrestricted use. The NRC staff has evaluated Shaw Environmental, Inc.”s request and the results of the surveys and has concluded that the completed action complies with the criteria in subpart E of 10 CFR part 20. The staff has found that the environmental impacts from the action are bounded by the impacts evaluated by NUREG-1496, Volumes 1-3, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Facilities'' (ML042310492, ML042320379, and ML042330385). On the basis of the EA, the NRC has concluded that the environmental impacts from the action are expected to be insignificant and has determined not to prepare an environmental impact statement for the action. 

## IV. Further Information 

                    Documents related to this action, including the application for the 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 ADAMS accession numbers for the documents related to                           ( print page 61418)                        this Notice are: The Environmental Assessment (ML042520538), and Letter dated July 12, 2004 transmitting Final Status Survey Report (ML041970459). Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at (800) 397-4209 or (301) 415-4737, or by e-mail to                     *pdr@nrc.gov.*

These documents may be viewed electronically at the NRC Public Document Room (PDR), O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. The PDR is open from 7:45 a.m. to 4:15 p.m., Monday through Friday, except on Federal holidays. 

Dated at King of Prussia, Pennsylvania this 5th day of October, 2004.

For the Nuclear Regulatory Commission. 

John D. Kinneman,

Chief, Nuclear Materials Safety Branch 2, Division of Nuclear Materials Safety, Region I. 

[FR Doc. 04-23239 Filed 10-15-04; 8:45 am] 

BILLING CODE 7590-01-P