Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 41459 

Criteria for License Termination of NRCLicensed 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 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 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 confirmed that the 

Facility meets the requirements of 10 

CFR 20.1402 for unrestricted release and 

for license termination. 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 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 West Virginia Office of 

Environmental Health Services for 

review on June 25, 2009. On July 23, 

2009, the State of West Virginia Office 

of Environmental Health Services 

responded by e-mail. The State agreed 

with the conclusions of the EA, 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 

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 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 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;’’ and 

5. Termination Request and Final 

Survey dated May 1, 2009 

(ML091390322). 

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 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Region I, 475 Allendale Road, 

King of Prussia, PA this 7th day of August 

2009. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. E9–19653 Filed 8–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0356; Docket No. 040–00341] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Source Materials 

License No. Stc–133, for Unrestricted 

Release of the Defense Logistics 

Agency’s Curtis Bay Depot Facility In 

Baltimore, MD 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Steve Hammann, Health Physicist, 

Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I, 

475 Allendale Road, King of Prussia, 

Pennsylvania, 19406; telephone 610– 

337–5399; fax number 610–337–5269; or 

by e-mail: stephen.hammann@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license amendment to 

Source Materials License No. STC–133. 

This license is held by Defense Logistics 

Agency (the Licensee), for its Curtis Bay 

Depot (the Facility), located at 710 

Ordnance Road in Baltimore, Maryland. 

Issuance of the amendment would 

authorize release of the Facility for 

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41460 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 

unrestricted use. The Licensee 

requested this action in a letter dated 

February 3, 2006. 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 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 February 3, 2006, license 

amendment request, resulting in release 

of the Facility for unrestricted use. 

License No. STC–133 was issued on 

February 14, 1957, pursuant to 10 CFR 

Part 40, and has been amended 

periodically since that time. This 

license authorized the Licensee to 

possess natural uranium and thorium 

mixtures as ores, concentrates, and 

solids for the purpose of storage, 

sampling, repackaging, and transfer for 

the activities of the National Defense 

Stockpile. 

The Facility is situated on 

approximately 483 acres of grassy open 

areas and some lightly wooded areas 

and consists of various building pads, 

buildings and warehouses, some 

functional and others in a serious state 

of disrepair. A number of paved and dirt 

roads, along with railroad tracks, 

traverse the site. The Facility is located 

in an industrial area. Within the 

Facility, use of licensed materials was 

confined to buildings 1022, A–921, B– 

911, B–912, B–913, F–731, F–734, F– 

735, F–736, F–737, G–721, H–711, H– 

712, H–713, H–714, H–715, and the 

waste burial pit. 

In May 2005, the Licensee ceased 

licensed activities and initiated a survey 

and decontamination of the Facility. 

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. 

Need for the Proposed Action 

The Licensee has ceased conducting 

licensed activities at the Facility and 

seeks the unrestricted use of its Facility. 

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 licensed materials with 

half-lives greater than 120 days: thorium 

and uranium in the form of thorium 

nitrate, monazite sand, and sodium 

sulfate. Prior to performing the final 

status survey, the Licensee conducted 

decontamination activities, as 

necessary, in the areas of the Facility 

affected by these materials. 

The Licensee conducted a final status 

survey which encompassed the entire 

facility. The final status survey report 

was attached to the Licensee’s letter 

dated January 11, 2008. The Licensee 

elected to demonstrate compliance with 

the radiological criteria for unrestricted 

release as specified in 10 CFR 20.1402 

by developing derived concentration 

guideline levels (DCGLs) for its Facility. 

The Licensee conducted site-specific 

dose modeling using input parameters 

specific to the Facility that adequately 

bounded the potential dose. This 

included dose modeling for two 

scenarios: building surfaces and soil. 

The building surface dose model was 

based on the warehouse worker scenario 

and the soil dose modeling was based 

on a resident farmer scenario. The 

Licensee thus determined the maximum 

amount of residual radioactivity on 

building surfaces, equipment, materials, 

and soils 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 proposed DCGLs and 

concluded that the proposed DCGLs are 

acceptable for use as release criteria at 

the Facility. The NRC’s approval of the 

Licensee’s proposed DCGLs was 

published in the Federal Register on 

June 22, 2007. The Licensee’s final 

status survey results were below these 

DCGLs and are thus acceptable. 

The NRC staff conducted 

confirmatory surveys on April 3–4, 

2007; May 3, 2007; July 11, 2007, and 

November 30, 2007. None of the 

confirmatory sample results exceeded 

the DCGLs 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 Licensee also 

considered and appropriately accounted 

for the dose contribution from previous 

site releases. 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 nonradiological 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, including the impact of 

residual radioactivity at previouslyreleased site locations of use. 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 not feasible because it 

conflicts with 10 CFR 40.42(d), 

requiring that decommissioning of 

source 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 Facility 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 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 

Maryland Department of the 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 41461 

Environment for review on June 19, 

2009. On July 23, 2009, the Maryland 

Department of the Environment 

responded by e-mail. The State agreed 

with the conclusions of the EA 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 

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 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. Submittal Letter dated February 3, 

2006: ML060580094. 

6. Historical Site Assessment: 

ML060580564. 

7. Preliminary Site Specific Derived 

Concentration Guidelines: 

ML060580566. 

8. Radiological Scoping Survey: 

ML060580581. 

9. Environmental Assessment, 

Disposition of Thorium Nitrate: 

ML060580592. 

10. Request for Additional 

Information dated June 12, 2006: 

ML061640494. 

11. Deficiency Response Letter dated 

July 5, 2006: ML061870570. 

12. Deficiency Response Letter dated 

August 8, 2006: ML062290404. 

13. Characterization Survey Report: 

ML062650300. 

14. Decommissioning/Remediation 

Plan: ML062760618. 

15. Receipt of Decommissioning Plan: 

ML062930051. 

16. Federal Register Notice of 

Consideration: ML070230235. 

17. Request For Additional 

Information dated December 11, 2009: 

ML083460027. 

18. Deficiency Response Letter dated 

May 19, 2009: ML091410338. 

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 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Region I, 475 Allendale Road, 

King of Prussia, PA, this 7th day of August 

2009. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. E9–19648 Filed 8–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0500] 

License Renewal Interim Staff 

Guidance LR–ISG–2007–01: License 

Renewal Interim Staff Guidance 

Process, Revision 1; Notice of 

Availability 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of availability. 

SUMMARY: The NRC is issuing the final 

License Renewal Interim Staff Guidance 

(LR–ISG) LR–ISG–2007–01, ‘‘License 

Renewal Interim Staff Guidance Process, 

Revision 1’’ (revised LR–ISG process). 

This process describes the basic 

framework for developing and 

implementing interim changes to certain 

NRC license renewal guidance 

documents. These documents facilitate 

the implementation of and NRC staff 

review of license renewal applications 

submitted in accordance with Title 10 of 

the Code of Federal Regulations (10 

CFR), Part 54, ‘‘Requirements for 

Renewal of Operating Licenses for 

Nuclear Power Plants,’’ and Part 51, 

‘‘Environmental Protection Regulations 

for Domestic Licensing and Related 

Regulatory Functions’’ of 10 CFR. The 

revised LR–ISG process supersedes the 

existing process issued on December 12, 

2003, entitled, ‘‘Process for Interim Staff 

Guidance.’’ An electronic copy of the 

revised LR–ISG process is available in 

the NRC’s Agencywide Documents 

Access and Management System 

(ADAMS) under Accession No. 

ML091950069. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Matthew Homiack, Division of License 

Renewal, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone 301–415–1683; or email Matthew.Homiack@nrc.gov. 

ADDRESSES: Documents created or 

received after November 1, 1999, are 

available electronically at the NRC’s 

Public Electronic Reading Room on the 

Internet at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

the public can gain entry into ADAMS. 

If you do not have access to the Internet 

or if there are any 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 at 

PDR.Resource@nrc.gov. 

The NRC posts LR–ISGs on its public 

Web page under the ‘‘License Renewal’’ 

heading at http://www.nrc.gov/ 

reading-rm/doc-collections/isg. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 12, 2003, the NRC staff 

issued a document entitled, ‘‘Process for 

Interim Staff Guidance’’ 

(ML023520620), which is Revision 0 of 

the LR–ISG process (previous LR–ISG 

process). This document, developed 

with input from stakeholders, describes 

a process under which the NRC staff 

may evaluate proposed changes to 

certain license renewal guidance 

documents and then, if warranted, 

implement a guidance document change 

through issuance of an LR–ISG. In this 

mstockstill on DSKH9S0YB1PROD with NOTICES