41458 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket, which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

personal privacy information, such as 

social security numbers, home 

addresses, or home phone numbers in 

their filings. With respect to copyrighted 

works, except for limited excerpts that 

serve the purpose of the adjudicatory 

filings and would constitute a Fair Use 

application, participants are requested 

not to include copyrighted materials in 

their works. 

VII 

A Request for Hearing Shall Not Stay 

the Immediate Effectiveness of this 

Order. 

Dated this 6th day of August 2009. 

For the Nuclear Regulatory Commission. 

Victor M. McCree, 

Deputy Regional Administrator. 

[FR Doc. E9–19642 Filed 8–14–09; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0357; Docket No. 03037121] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 47–19315–02, for 

Termination of the License and 

Unrestricted Release of the West 

Virginia School of Osteopathic 

Medicine’s Facility in Lewisburg, WV 

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, PA 

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 

Byproduct Materials License No. 47– 

19315–02. This license is held by West 

Virginia School of Osteopathic 

Medicine (the Licensee), for its Smith 

Science Building (the Facility), located 

at 400 North Lee Street in Lewisburg, 

West Virginia. Issuance of the 

amendment would authorize release of 

the Facility for unrestricted use and 

termination of the NRC license. The 

Licensee requested this action in a letter 

dated May 1, 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 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 May 1, 2009, license 

amendment request, resulting in release 

of the Facility for unrestricted use and 

the termination of its NRC materials 

license. License No. 47–19315–02 was 

issued on February 24, 2006, pursuant 

to 10 CFR part 30, and has been 

amended once since that time. This 

license authorized the Licensee to use 

unsealed byproduct material for the 

purpose of conducting research and 

development activities on laboratory 

bench tops and in hoods. 

The Facility is located on the campus 

of the West Virginia School of 

Osteopathic Medicine and consists of 

classrooms, office space, and 

laboratories. The Facility is located in a 

mixed residential/commercial area. 

Within the Facility, use of licensed 

materials was confined to rooms 242 

and 243 which have a combined area of 

100 square meters. 

On July 10, 2007, the Licensee ceased 

licensed activities and initiated a survey 

and decontamination 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 their NRCapproved operating radiation safety 

procedures, were 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. 

Environmental Impacts of the Proposed 

Action 

The historical review of licensed 

activities conducted at the Facility 

shows that such activities involved one 

radionuclide, hydrogen-3, with half-life 

greater than 120 days. Prior to 

performing the final status survey, the 

Licensee conducted decontamination 

activities, as necessary, in the areas of 

the Facility affected by the radionuclide. 

The Licensee conducted a final status 

survey on April 28, 2009. This survey 

covered the two rooms in which 

licensed materials were used. The final 

status survey report was attached to the 

Licensee’s amendment request dated 

May 1, 2009. The Licensee elected to 

demonstrate 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 NMSS Decommissioning 

Guidance,’’ Volume 2. The Licensee 

used the radionuclide-specific derived 

concentration guideline levels (DCGLs), 

developed there 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

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 

mstockstill on DSKH9S0YB1PROD with NOTICES