49902 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

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 

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 

Rooms EN–302, EN–307, and the Pond 

Building meet 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 New 

Jersey Department of Environmental 

Protection for review on August 11, 

2009. On September 10, 2009, New 

Jersey Bureau of Environmental 

Radiation 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. The Sarnoff Corporation 

Amendment requested dated April 14, 

2009 [ML091110218]; 

6. The Sarnoff Corporation additional 

information letter dated June 25, 2009 

[ML092010369]; 

7. The Sarnoff Corporation additional 

information letter dated July 16, 2009 

[ML092010261]; and 

8. The Sarnoff Corporation additional 

Information letter dated July 17, 2009 

[ML092080374]. 

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 23rd 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. E9–23456 Filed 9–28–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0431; Docket No. 030–05210] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 29–00018–02, Unrestricted 

Release of Building 43 at the HoffmanLa Roche Inc. Facility in Nutley, 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 and R&D Branch, Division 

of Nuclear Materials Safety, Region I, 

475 Allendale Road, King of Prussia, 

Pennsylvania 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 49903 

issuance of a license amendment to 

Byproduct Materials License No. 29– 

00018–02. This license is held by 

Hoffman-La Roche Inc. (the Licensee), 

for its Hoffman-La Roche Inc. facilities 

(the Facility), located at 340 Kingsland 

Street in Nutley, New Jersey. Issuance of 

the amendment would authorize release 

of Building 43, the medical waste 

incinerator facility, for unrestricted use. 

The Licensee requested this action in a 

letter dated July 28, 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 July 28, 2009, license 

amendment request, resulting in release 

of Building 43 for unrestricted use. 

License No. 29–00018–02 was issued on 

March 10, 1959, 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, and 

incineration of waste. 

Building 43, the medical waste 

incinerator facility, is situated on 5,250 

square feet, and consists of a multi-level 

incinerator room, control room, and 

support areas. The Facility is located in 

a mixed residential/commercial area. 

Licensed materials were used in most 

areas of Building 43. 

On September 27, 2007, the Licensee 

ceased licensed activities and initiated a 

survey and decontamination of Building 

43. Based on the Licensee’s historical 

knowledge of the site and the conditions 

of Building 43, 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 Building 

43 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 Building 43, and 

seeks the unrestricted use of Building 

43. 

Environmental Impacts of the Proposed 

Action 

The historical review of licensed 

activities conducted at Building 43 

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 Building 43 

affected by these radionuclides. 

The Licensee conducted a final status 

survey on June 8–12, 2009. This survey 

covered all areas of Building 43. The 

final status survey report was attached 

to the Licensee’s amendment request 

dated July 28, 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 in Building 43. 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 Building 43. 

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 Building 

43 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 

Building 43 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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
49904 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

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 August 3, 2009. On 

September 4, 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 

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] Licensee letter dated July 28, 2009, 

with ‘‘Building 43, Medical Waste 

Incinerator, Decommissioning Final 

Status Report’’ dated July, 2009 

[ML092120369]. 

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 23rd day of 

September 2009. 

For the Nuclear Regulatory Commission. 

James Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. E9–23457 Filed 9–28–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Act; Notice of Meeting 

DATES: Weeks of September 28, October 

5, 12, 19, 26, November 2, 2009. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of September 28, 2009 

Tuesday, September 29, 2009 

1:30 p.m. NRC All Employees Meeting 

(Public Meeting), Marriott Bethesda 

North Hotel, 5701 Marinelli Road, 

Rockville, MD 20852. 

Wednesday, September 30, 2009 

9:30 a.m. Discussion of Management 

Issues (Closed Ex. 2). 

Week of October 5, 2009—Tentative 

There are no meetings scheduled for 

the week of October 5, 2009. 

Week of October 12, 2009—Tentative 

Tuesday, October 13, 2009 

9:30 a.m. Discussion of Security 

Issues (Closed Ex. 3). 

Week of October 19, 2009—Tentative 

There are no meetings scheduled for 

the week of October 19, 2009. 

Week of October 26, 2009—Tentative 

There are no meetings scheduled for 

the week of October 26, 2009. 

Week of November 2, 2009—Tentative 

There are no meetings scheduled for 

the week of November 2, 2009. 

* * * * * 

*The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording) (301) 415–1292. 

Contact person for more information: 

Rochelle Bavol, (301) 415–1651. 

* * * * * 

Additional Information 

By a vote of 3–0 on September 22, 

2009, the Commission determined 

pursuant to U.S.C. 552b(e) and 

§ 9.107(a) of the Commission’s rules that 

Affirmation of: a. South Texas Project 

Nuclear Operating Company (South 

Texas Project, Units 3 and 4), Request 

for Extension of Time to File Appeal 

and b. Pa’ina Hawaii, LLC (Materials 

License Application) Applicant’s 

Motion to Transfer Case to the 

Commission) be held on September 23, 

2009, with less than one week notice to 

the public. Both items were affirmed. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify the 

NRC’s Disability Program Coordinator, 

Rohn Brown, at 301–492–2279, TDD: 

301–415–2100, or by e-mail at 

rohn.brown@nrc.gov Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: September 24, 2009. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. E9–23560 Filed 9–25–09; 4:15 pm] 

BILLING CODE 7590–01–P 


jlentini on DSKJ8SOYB1PROD with NOTICES