42942 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 

Support of Rulemaking on Radiological 

Criteria for License Termination of 

NRC–Licensed Nuclear Facilities.’’ 

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 17th day of August 

2009. 

For the Nuclear Regulatory Commission. 

James Dwyer, 

Chief, Commercial & R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. E9–20406 Filed 8–24–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0370; Docket No. 030–04544] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 19–07538–01 for the 

Unrestricted Release of the 

Department of Health & Human 

Services Facility Located In Rockville, 

MD 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Lawyer, Health Physicist, 

Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I, 

475 Allendale Road, King of Prussia, 

Pennsylvania; telephone 610–337–5366; 

fax number 610–337–5393; or by e-mail: 

dennis.lawyer@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. 19– 

07538–01. This license is held by 

Department of Health & Human 

Services, Food and Drug 

Administration, Center for Devices and 

Radiological Health (the Licensee), for 

its Building T2 (the Facility), located at 

12720 Twinbrook Parkway in Rockville, 

Maryland. Issuance of the amendment 

would authorize release of the Facility 

for unrestricted use. The Licensee 

requested this action in a letter dated 

April 13, 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 April 13, 2009, license 

amendment request, resulting in release 

of the Facility for unrestricted use. 

License No. 19–07538–01 was issued on 

July 21, 1961, pursuant to 10 CFR part 

30, and has been amended periodically 

since that time. This license authorized 

the Licensee to use unsealed byproduct 

material for purposes of conducting 

research and development activities on 

laboratory bench tops and in hoods; 

however, during the period of time the 

license has been in effect, unsealed 

materials have only been stored at the 

Facility. 

The Facility is a 5,121 square foot 

building situated on a 4-acre complex 

and consists of office and work space. 

The Facility is located in a mixed 

residential/commercial area. 

In March 2007, the Licensee ceased 

licensed activities at the Facility 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 NRC-approved, 

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. 

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 only sealed sources were 

used and that unsealed materials were 

stored in a safe. The surveys conducted 

at the Facility shows that the following 

unsealed radionuclides with half-lives 

greater than 120 days were stored at the 

Facility: Barium 133, cesium 137, 

americium 241, and uranium 238. The 

uranium 238 was not part of a specific 

license but was possessed under the 

general license described in 10 CFR 

40.22(a). Prior to performing the final 

status survey, the Licensee conducted 

decontamination activities, as 

necessary, in the areas of the Facility 

affected by these radionuclides. 

The Licensee conducted a final status 

survey between October 30 and 

November 24, 2008. The final status 

survey report was attached to the 

Licensee’s amendment request dated 

April 13, 2009. Some amendments to 

the Final Radiological Status Survey 

Report were included in the Licensee’s 

letter dated May 13, 2009. Additional 

survey information was included in the 

Licensee’s letter dated May 27, 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 radionuclidespecific derived concentration guideline 

levels (DCGLs), developed there by the 

NRC, which comply with the dose 

criterion in 10 CFR 20.1402. Because 

NRC has not established a screening 

value for barium 133, the licensee 

developed a DCGL for barium 133 for its 

Facility. The Licensee conducted sitespecific dose modeling using input 

parameters specific to the Facility. The 

licensee used the default values in 

RESERAD–BUILD, Version 6.4. The 

NRC reviewed the Licensee’s 

methodology and proposed barium 133 

DCGL and concluded that the proposed 

barium 133 DCGL is acceptable for use 

as release criteria at the Facility. These 

DCGLs define the maximum amount of 

residual radioactivity on building 

surfaces, equipment, and materials 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 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42943 

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 

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 and 

storage 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 amendment 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. 

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 

Environment for review on July 8, 2008. 

On August 11, 2009, the Maryland 

Department of the Environment’s Air 

and Radiation Management 

Administration and Hazardous Waste 

Administration responded by electronic 

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 NRCLicensed Nuclear Facilities;’’ 

5. Department of Health & Human 

Services amendment request dated 

April 13, 2009 (ML091040713); 

6. Department of Health & Human 

Services additional information letter 

dated May 13, 2009 (ML091350560); 

and 

7. Department of Health & Human 

Services additional information letter 

dated May 27, 2009 (ML091480626). 

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.Resource@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 17th 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. E9–20408 Filed 8–24–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0362; Docket No. 72–11] 

Sacramento Municipal Utility District; 

Rancho Seco Independent Spent Fuel 

Storage Installation; Notice of 

Docketing and Issuance of 

Amendment to Materials License No. 

SNM–2510 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license amendment. 

DATES: A request for a hearing must be 

filed by October 26, 2009 

FOR FURTHER INFORMATION CONTACT: 

Shana Helton, Senior Project Manager, 

Licensing Branch, Division of Spent 

Fuel Storage and Transportation, Office 


pwalker on DSK8KYBLC1PROD with NOTICES