51648 Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Notices 

addressed to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

hearingdocket@nrc.gov ; or (4) facsimile 

transmission addressed to the Office of 

the Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC, 

Attention: Rulemakings and 

Adjudications Staff at (301) 415–1101, 

verification number is (301) 415–1966. 

A copy of the request for hearing and 

petition for leave to intervene should 

also be sent to the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, and it is requested that copies be 

transmitted either by means of facsimile 

transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy 

of the request for hearing and petition 

for leave to intervene should also be 

sent to James R. Curtiss, Esq., Winston 

& Strawn, 1700 K Street, NW., 

Washington, DC 20006–3817, attorney 

for the licensee. 

For further details with respect to this 

action, see the application for 

amendment dated August 21, 2006, 

which is available for public inspection 

at the Commission’s PDR, located at 

One White Flint North, File Public Area 

O1 F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. Publicly 

available records will be accessible from 

the Agencywide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS, should contact the NRC PDR 

Reference staff by telephone at 1–800–

397–4209, 301–415–4737, or by e-mail 

to pdr@nrc.gov. 

For the Nuclear Regulatory Commission. 

Dated at Rockville, Maryland, this 23rd day 

of August 2006. 

Alan B. Wang, 

Project Manager, Plant Licensing Branch IV, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E6–14389 Filed 8–29–06; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–30904] 

Notice of Environmental Assessment 

Related to the Issuance of a License 

Amendment to Byproduct Material 

License No. 13–17582–02, for 

Unrestricted Release of a Facility for 

the Rose-Hulman Institute of 

Technology, Terre Haute, IN 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

George M. McCann, Senior Health 

Physicist, Decommissioning Branch, 

Division of Nuclear Materials Safety, 

U.S. Nuclear Regulatory Commission, 

Region III, 2443 Warrenville Road, Lisle, 

Illinois 60532–4352; Telephone: (630) 

829–9856; or by e-mail at gmm@nrc.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Nuclear Regulatory Commission (NRC) 

is considering the issuance of a license 

amendment to NRC Byproduct Materials 

License No. 13–17582–02. This license 

is held by Rose-Hulman Institute of 

Technology (the Licensee) for a building 

(the Facility) on its Terre Haute, Indiana 

campus in which NRC-licensed 

materials were formerly stored. Issuance 

of the amendment would authorize 

release of the Facility for unrestricted 

use. The Licensee requested this action 

in a letter dated February 14, 2006, 

(ADAMS Accession No. ML062230210). 

The NRC has prepared an 

Environmental Assessment in support 

of this proposed action in accordance 

with the requirements of 10 CFR Part 

51. Based on the Environmental 

Assessment, the NRC has determined 

that a Finding of No Significant Impact 

(FONSI) is appropriate for the proposed 

action. The amendment to Rose-Hulman 

Institute of Technology’s license will be 

issued following the publication of this 

Environmental Assessment and Finding 

of No Significant Impact in the Federal 

Register. 

I. Environmental Assessment 

Identification of Proposed Action 

The proposed action would approve 

Rose-Hulman Institute of Technology’s 

request to amend its license and release 

the Facility for unrestricted use in 

accordance with 10 CFR Part 20, 

Subpart E. The Licensee received its 

initial NRC license on July 19, 1977, 

pursuant to 10 CFR Part 30, and this 

license was superceded on February 2, 

1989, by NRC License No. 13–17582–02. 

These licenses authorized the Licensee 

to use low millicurie quantities of 

byproduct materials in sealed and 

unsealed form for training and teaching 

students in nuclear and radiation 

physics. The Licensee is currently 

authorized to possess and use millicurie 

quantities of byproduct materials in 

sealed sources. 

The Licensee’s Facility is a cinder 

block building of 100–150 square feet 

located about 60 feet northwest of the 

north end of Moench Hall (the 

Institute’s main classroom building). 

The Facility contained a lead storage 

vault and was used to store plutonium239/Beryllium neutron sources (which 

have been transferred to an authorized 

disposal agent), and an americium-241 

sealed source. 

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 its NRCapproved operating radiation safety 

procedures were required. The Licensee 

was not required to submit a 

decommissioning plan to the NRC 

because cleanup activities and 

procedures are consistent with those 

approved for routine operations. The 

Licensee provided survey results which 

demonstrated that the Facility was in 

compliance with 10 CFR 20.1402, 

‘‘Radiological Criteria for Unrestricted 

Use.’’ No radiological remediation 

activities are required to complete the 

proposed action. The NRC completed a 

closeout inspection and independent 

radiological surveys of the Licensee’s 

Facility on July 13, 2006, (NRC 

Inspection Report No. 030–30904/06–

001 (ADAMS Accession No. 

ML062140020)), which verified the 

Licensee’s survey findings. 

Need for the Proposed Action 

The Licensee has ceased conducting 

licensed activities at the Facility. The 

NRC is fulfilling its responsibilities 

under the Atomic Energy Act to make a 

decision on the proposed action for 

decommissioning that ensures that 

residual radioactivity at the Facility is 

reduced to a level that is protective of 

the public health and safety and the 

environment, and allows the Facility to 

be released for unrestricted use. 

Environmental Impacts of the Proposed 

Action 

The NRC staff reviewed the 

information provided and surveys 

performed by the Licensee to 

demonstrate that the release of the 

Facility is consistent with the 

radiological criteria for unrestricted use 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Notices 51649 

specified in 10 CFR 20.1402. The NRC 

performed a closeout inspection and 

survey to confirm the Licensee’s 

findings. The Licensee elected to 

demonstrate compliance with the 

radiological criteria for unrestricted 

release as specified in 10 CFR 20.1402 

by using the screening values described 

in NUREG–1757, ‘‘Consolidated NMSS 

Decommissioning Guidance,’’ Volume 

1. 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. 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 

NRC considers these DCGLs to be in 

compliance with the As Low As Is 

Reasonably Achievable (ALARA) 

requirement of 10 CFR 20.1402. The 

Licensee’s final status survey results 

were below these DCGLs, and are thus 

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). 

Further, no incidents were recorded 

involving spills or releases of 

radioactive material at the Facility. 

Accordingly, 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 found no other radiological or nonradiological activities in the area that 

could result in cumulative 

environmental impacts. 

The NRC staff finds that the proposed 

release of the Facility described above 

for unrestricted use 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. 

Alternatives to the Proposed Action 

The only alternative to the proposed 

action of allowing unrestricted release is 

no action. Under the no-action 

alternative, the Facility would remain 

under an NRC license and would not be 

released for unrestricted use. Denial of 

the license amendment request would 

result in no change to current 

conditions at the Facility. The no-action 

alternative is not acceptable because it 

would result in violation of NRC’s 

Timeliness Rule (10 CFR Part 30.36), 

which requires Licensees to 

decommission their facilities when 

licensed activities cease. This 

alternative would also impose an 

unnecessary regulatory burden and limit 

potential benefits from future use of the 

Licensee’s property. 

Conclusion 

The NRC staff 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 

The NRC staff has determined that the 

proposed action will not affect listed 

species or critical habitats. Therefore, no 

further consultation is required under 

Section 7 of the Endangered Species 

Act. Likewise, the NRC staff has 

determined that the proposed action is 

not a type of activity that has potential 

to cause effect on historic properties. 

Therefore, consultation under Section 

106 of the National Historic 

Preservation Act is not required. 

The NRC provided a draft of its 

Environmental Assessment (EA) to Mr. 

Rex J. Bowser, Program Director, 

Radiation Emergency Response 

Program, Radiological Health Section, 

Indiana State Department of Health for 

review on July 25, 2006. On July 26, 

2006, Mr. Bowser responded back to the 

NRC by e-mail and indicated that ‘‘The 

IN State Dept. of Health, Radiological 

Health Section has no objections to this 

proposed action.’’

II. Finding of No Significant Impact 

On the basis of the EA in support of 

the proposed license amendment to 

release the Facility for unrestricted use, 

the NRC has determined that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Thus, the NRC has 

not prepared an environmental impact 

statement for the proposed action. 

III. Further Information 

Documents related to this action, 

including the application for 

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. 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. The 

documents and ADAMS accession 

numbers related to this notice are: 

1. Letter dated February 14, 2006, 

with ‘‘Final Status Survey of the 

Radioactive Source Storage Building at 

the Rose-Hulman Institute of 

Technology,’’ dated September 27, 2005, 

attached. (ADAMS Accession No. 

ML062230210). 

2. NRC Inspection Report No. 030–

30904/06–001. (ML062140020). 

3. U.S. Nuclear Regulatory 

Commission, ‘‘Environmental Review 

Guidance for Licensing Actions 

Associated with NMSS Programs,’’

NUREG–1748, August 2003. 

4. U.S. Nuclear Regulatory 

Commission, ‘‘Generic Environmental 

Impact Statement in Support of 

Rulemaking on Radiological Criteria for 

License Termination of NRC-Licensed 

Nuclear Facilities,’’ NUREG–1496, 

August 1994. 

5. NRC, NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance,’’

Volumes 1–3, September 2003. 

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 Lisle, Illinois, this 18th day of 

August 2006. 

For the Nuclear Regulatory Commission, 

Jamnes L. Cameron, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, Region III. 

[FR Doc. 06–7239 Filed 8–29–06; 8:45 am] 

BILLING CODE 7590–01–P 


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