42940 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 

Date of issuance: July 31, 2009. 

Effective date: As of the date of 

issuance and shall be implemented 

prior to startup from Refueling Outage 

17. 

Amendment No.: 184. 

Renewed Facility Operating License 

No.: NPF–42. The amendment revised 

the Operating License and Technical 

Specifications. 

Date of initial notice in Federal 

Register: October 7, 2008 (73 FR 

58679). The supplemental letter dated 

April 10, 2009, provided additional 

information that clarified the 

application, did not expand the scope of 

the application as originally noticed, 

and did not change the staff’s original 

proposed no significant hazards 

consideration determination as 

published in the Federal Register. 

The Commission’s related evaluation 

of the amendment is contained in a 

Safety Evaluation dated July 31, 2009. 

No significant hazards consideration 

comments received: No. 

Wolf Creek Nuclear Operating 

Corporation, Docket No. 50–482, Wolf 

Creek Generating Station, Coffey 

County, Kansas 

Date of amendment request: March 6, 

2009, as supplemented by letter dated 

July 14, 2009. 

Brief description of amendment: The 

amendment revised Technical 

Specification (TS) 5.2.2, ‘‘Unit Staff,’’ to 

eliminate working hour restrictions (TS 

5.2.2.d) to support compliance with 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 26. In 

addition, paragraphs e and f of TS 5.2.2 

were renumbered to d and e to reflect 

the removal of paragraph d of TS 5.2.2, 

and a reference in 5.2.2b was updated 

to reflect the renumbering of 5.2.2f. to 

5.2.2e. The request is consistent with 

the guidance contained in U.S. Nuclear 

Regulatory Commission (NRC)-approved 

TS Task Force (TSTF) change traveler 

TSTF–511, Revision 0, ‘‘Eliminate 

Working Hour Restrictions from TS 

5.2.2 to Support Compliance with 10 

CFR Part 26.’’ 

Date of issuance: August 7, 2009. 

Effective date: As of its date of 

issuance and shall be implemented by 

October 1, 2009. 

Amendment No.: 185. 

Renewed Facility Operating License 

No.: NPF–42. The amendment revised 

the Operating License and Technical 

Specifications. 

Date of initial notice in Federal 

Register: April 21, 2009 (74 FR 18258). 

The supplemental letter dated July 14, 

2009, provided additional information 

that clarified the application, did not 

expand the scope of the application as 

originally noticed, and did not change 

the staff’s original proposed no 

significant hazards consideration 

determination as published in the 

Federal Register. 

The Commission’s related evaluation 

of the amendment is contained in a 

Safety Evaluation dated August 7, 2009. 

No significant hazards consideration 

comments received: No. 

Dated at Rockville, Maryland, this 14th day 

of August 2009. 

For the Nuclear Regulatory Commission. 

Allen G. Howe, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–20403 Filed 8–24–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0371; Docket No. 030–14680] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 29–00117–06, for 

Unrestricted Release of the Merck and 

Company’s Facility in Rahway, NJ 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Betsy Ullrich, Senior Health Physicist, 

Commercial & R&D Branch, Division of 

Nuclear Materials Safety, Region I, 475 

Allendale Road, King of Prussia, PA 

19406; telephone (610) 337–5040; fax 

number (610) 337–5269; or by e-mail: 

Elizabeth.ullrich@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. 29– 

00117–06. This license is held by Merck 

and Company, Inc (the Licensee), for its 

Merck and Company, Merck Research 

Laboratories (the Facility), located at 

126 East Lincoln Avenue in Rahway, 

New Jersey. Issuance of the amendment 

would authorize release of the Facility’s 

Waste Incinerator for unrestricted use. 

The Licensee requested this action in a 

letter dated May 21, 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 21, 2009 license 

amendment request, resulting in release 

of the Waste Incinerator for unrestricted 

use. License No. 29–00117–06 was 

issued on August 11, 1978, pursuant to 

10 CFR part 30, and has been amended 

periodically since that time. This 

license authorizes the Licensee to use 

unsealed byproduct material for 

purposes of conducting research and 

development activities on laboratory 

bench tops and in hoods, and 

incineration of radioactive waste. 

The Waste Incinerator is situated 

within Building 77 at 126 East Lincoln 

Avenue, and consists of the incinerator 

room and associated effluent component 

parts and mechanical component parts. 

The Waste Incinerator is located in an 

industrial area. Within the Waste 

Incinerator, use of licensed materials 

was confined to the Conveyor System 

Area, the Cold Room Area, the Burn 

Chamber and Kiln Area, the Loading 

Ram Area, the Loading Dock Area, the 

Fly Ash System and Bag House Area, 

the Restroom, the Mechanical Room, 

and the Control Room and its Stairwell. 

In 2009, the Licensee ceased using the 

Waste Incinerator for licensed waste 

disposal and initiated a survey and 

decontamination of the Waste 

Incinerator. Based on the Licensee’s 

historical knowledge of the site and the 

conditions of the Waste Incinerator, 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 Waste Incinerator 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 using the 

Waste Incinerator for disposal of 

licensed materials at the Facility and 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42941 

seeks the unrestricted use of its Waste 

Incinerator. 

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 halflives greater than 120 days: Hydrogen3 and carbon-14. Prior to performing the 

final status survey, the Licensee 

conducted decontamination activities, 

as necessary, in the areas of the Waste 

Incinerator affected by these 

radionuclides. 

The Licensee conducted a final status 

survey on April 6 through April 9, 2009. 

This survey covered all areas associated 

with the Waste Incinerator. The final 

status survey report was attached to the 

Licensee’s amendment request dated 

May 21, 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 

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 Waste 

Incinerator. 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 Waste Incinerator. 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 portion of the Facility 

described above for unrestricted use is 

in compliance with 10 CFR 20.1402. 

Although the Licensee will continue to 

perform licensed activities at other parts 

of the Facility, the Licensee must ensure 

that this decommissioned area does not 

become recontaminated. Before the 

license can be terminated, the Licensee 

will be required to show that the entire 

Facility, including previously-released 

areas, complies with the radiological 

criteria in 10 CFR 20.1402. Based on its 

review, the staff considered the impact 

of the residual radioactivity at the Waste 

Incinerator 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 or portions 

thereof 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 Waste Incinerator 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 State 

of New Jersey Department of 

Environmental Protection (NJDEP) for 

review on July 7, 2009. On July 31, 

2009, NJDEP responded by letter. 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] Letter dated May 21, 2009, with 

the ‘‘Final Status Survey Report, Merck 

Waste Incinerator,’’ report dated May 

18, 2009 [ML091480219]; 

[2] Letter dated June 19, 2009 

[ML091770200]; 

[3] NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance;’’ 

[4] Title 10, Code of Federal 

Regulations, part 20, subpart E, 

‘‘Radiological Criteria for License 

Termination;’’ 

[5] Title 10, Code of Federal 

Regulations, part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions;’’ and 

[6] NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 


pwalker on DSK8KYBLC1PROD with NOTICES
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