48786 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

Jersey Department of Environmental 

Protection for review on June 25, 2009. 

On August 11, 2009, the New Jersey 

Department of Environmental Protection 

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. 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. Memory Pharmaceuticals 

Corporation Termination Request Letter 

dated June 25, 2009 [ML091950247]; 

6. Memory Pharmaceuticals 

Corporation Additional Information 

Letter dated July 10, 2009 

[ML091950568]; and 

7. Memory Pharmaceuticals 

Corporation Additional Information 

Letter dated July 14, 2009 

[ML091970047]. 

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 

September 2009. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. E9–23040 Filed 9–23–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–04192; NRC–2009–0420] 

Notice of Environmental Assessment 

Related to the Issuance of a License 

Amendment to Byproduct Material 

License No. 12–10243–01, for 

Unrestricted Use of Environmental 

Protection Agency Facilities in 

Chicago, IL 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Termination. 

FOR FURTHER INFORMATION CONTACT: 

Katie Streit, Health Physicist, Materials 

Control, ISFSI, and Decommissioning 

Branch, Division of Nuclear Materials 

and Safety, Region III, U.S. Nuclear 

Regulatory Commission, 2443 

Warrenville Road, Lisle, Illinois 60532; 

Telephone: (630) 829–9621; fax number: 

(630) 515–1259; or by e-mail at 

Katherine.Streit@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of an amendment to terminate 

NRC Byproduct materials License No. 

12–10243–01, which is held by the U.S. 

Environmental Protection Agency 

(licensee). The issuance of the 

amendment would authorize the 

unrestricted use of the licensee’s 

laboratory facilities located at 536 South 

Clark Street, Chicago, Illinois, and 

similar facilities onboard the Research 

Vessel (R.V.) Lake Guardian 

(collectively, the Facilities). 

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 amendment request dated 

October 9, 2008 (ML082890377), and 

approve release of the Facilities for 

unrestricted use in accordance with 10 

CFR Part 20, Subpart E. License No. 12– 

10243–01 was issued on August 20, 

1964, pursuant to 10 CFR Part 30, and 

has been amended periodically since 

that time. The licensee used unsealed 

Carbon-14 for primary productivity 

analyses in laboratories located on the 

seventh and tenth floor of 536 South 

Clark Street, Chicago, Illinois from 

November 1977. Unsealed Carbon-14 

was also used onboard the R.V. Lake 

Guardian from August 1992. Nickel-63 

sealed sources were used for gas 

chromatography at the 536 South Clark 

Street laboratories. Other authorized 

locations for use of licensed materials 

under License No. 12–10243–01 were 

released for unrestricted use pursuant to 

previous license amendments. The 

licensee ceased licensed activities in the 

mid-1990s and disposed of all material 

licensed under License No. 12.10243–01 

by 2005, and has thus requested that its 

license be terminated. 

Based on the licensee’s historical 

knowledge of the site and the conditions 

of the Facilities, the licensee determined 

that only routine decontamination 

activities, in accordance with its NRC 

approved, operating radiation safety 

procedures, were required. The licensee 

was not required to submit a 

decommissioning plan to NRC because 

worker cleanup activities and surveys 

are consistent with those approved for 

routine operations. The licensee 

submitted a Historical Site Assessment 

and Final Status survey report to the 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48787 

NRC on July 8, 2009 (ML091940165) 

which demonstrated that the Facilities 

meet the criteria in Subpart E of 10 CFR 

Part 20 for unrestricted use. 

Need for the Proposed Action 

The licensee has ceased conducting 

licensed activities at the Facilities and 

seeks their unrestricted use. 

Environmental Impacts of the Proposed 

Actions 

The historical review of the licensed 

research activities conducted at the 

Facilities indicates that Carbon-14 was 

the only radionuclide used that had a 

half-life greater than 120 days in 

unsealed form. The historical review 

also indicates that Nickel-63 sealed 

sources were possessed under the 

license at the Facilities. 

The NRC evaluated the licensee’s 

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 

Decommissioning Guidance,’’ Volume 

1. The NRC NUREG specifies 

radionuclide-specific Derived 

Concentration Guideline Levels 

(DCGLs), developed by the NRC, which 

comply with the dose criterion in 10 

CFR 20.1402. The DCGLs define the 

maximum amount of residual 

radioactivity on surfaces that will satisfy 

the NRC requirements in Subpart E of 

10 CFR Part 20 for unrestricted use. The 

Licensee’s final status survey results 

were well 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 Facilities. 

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 Facilities. 

No such hazards or impacts to the 

environment were identified. The NRC 

has identified no other radiological or 

non-radiological activities in the area 

surrounding the Facilities that could 

result in cumulative environmental 

impacts. 

The NRC staff finds that the proposed 

release of the Facilities for unrestricted 

use is in compliance with 10 CFR 

20.1402. Based on its review, the staff 

considered the impact of the residual 

radioactivity from the Facilities and 

concluded that the proposed action will 

not have a significant effect on the 

quality of the 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 Facilities meet the 

requirements of 10 CFR 20.1402 for 

unrestricted use. 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. 

Agencies and Persons Consulted 

NRC provided a draft of this 

Environmental Assessment to the 

Illinois Emergency Management Agency 

(IEMA) for review on August 21, 2009. 

On August 28, 2009, IEMA responded 

that it had no comments. 

Conclusion 

The NRC staff has concluded that the 

proposed action is consistent with the 

NRC’s unrestricted use 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. 

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 image files of 

NRC’s public documents. 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. 

The documents related to this action are 

listed below, along with their ADAMS 

accession numbers. 

1. Environmental Protection Agency 

Responses to September 30, 2008 

Requests for Additional Information, 

dated October 9, 2008 (ADAMS 

Accession No. ML082890377). 

2. Trip Report for March 6, 2009 

License Termination Final Status 

Survey Meeting and Site Tour, dated 

April 3, 2009 (ADAMS Accession No. 

ML090930490). 

3. Cover Letter to Issuance of U.S. 

EPA License 12–10243–01 Amendment 

Number 27, dated September 30, 2008 

(ADAMS Accession No. ML082840095). 

4. EPA Responses to Request for 

Additional Information from March 6, 

2009 NRC Site Tour, dated July 8, 2009 

(ADAMS Accession No. ML091940165). 

5. Title 10 Code of Federal 

Regulations, Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination.’’ 

6. Title 10 Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

licensing and Related Regulatory 

Function.’’ 

7. NUREG–1757, Consolidated 

Decommissioning Guidance, Volume 1. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O1F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Lisle, Illinois, this 16th day of 

September 2009. 

For the Nuclear Regulatory Commission, 

Christine A. Lipa, 

Branch Chief, Materials Control, ISFSI, and 

Decommissioning Branch, Division of Nuclear 

Materials Safety, Region III. 

[FR Doc. E9–23039 Filed 9–23–09; 8:45 am] 

BILLING CODE 7590–01–P 


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