[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Notices]
[Pages 41091-41092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3666]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-08793]


Notice of Environmental Assessment Related to the Issuance of a 
License Amendment To Terminate Byproduct Material License No. 21-15209-
01, NSF International, Ann Arbor, MI

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for license amendment.

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FOR FURTHER INFORMATION CONTACT: Peter J. Lee, PhD, CHP, Health 
Physicist, Decommissioning Branch, Division of Nuclear Materials 
Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 
Warrenville Road, Lisle, Illinois 60532; telephone: (630) 829-9870; fax 
number: (630) 515-1259; or by e-mail at <a href="/cdn-cgi/l/email-protection#92e2f8fea0d2fce0f1bcf5fde4"><span class="__cf_email__" data-cfemail="8afae0e6b8cae4f8e9a4ede5fc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) 
is considering the issuance of a licensee amendment to terminate NRC 
Byproduct Materials License No. 21-15209-01, which is held by NSF 
International (licensee). The amendment would authorize the 
unrestricted release of the licensee's former facility located at 789 
North Dixboro Road, Ann Arbor, Michigan. The NRC has prepared an 
Environmental Assessment in support of this 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 is appropriate. The amendment to NSF International's license 
will be issued following the publication of this Environmental 
Assessment and Finding of No Significant Impact.

I. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve NSF International's request to 
terminate its license and release the licensee's former facility for 
unrestricted use in accordance with 10 CFR part 20, subpart E. The 
proposed action is in accordance with NSF International's request to 
the U.S. Nuclear Regulatory Commission (NRC) to terminate its NRC 
Byproduct Material License by letter dated April 30, 2007 (ADAMS 
Accession No. ML071220400). The licensee is authorized to use byproduct 
materials, primarily carbon-14, for research and development in waste 
water technology. On May 1, 2007, NSF International completed removal 
of licensed

[[Page 41092]]

radioactive material from the facility located at 789 North Dixboro 
Road, Ann Arbor, Michigan.
    The licensee conducted surveys of the facility and provided this 
information to the NRC to demonstrate that the radiological condition 
of the Ann Arbor facility is consistent with radiological criteria for 
unrestricted use in 10 CFR 20.1402. No radiological remediation 
activities are required to complete the proposed action.

Need for the Proposed Action

    The licensee is requesting this license amendment because it has 
discontinued licensed activities. 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 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 Ann 
Arbor facility is consistent with the radiological criteria for 
unrestricted use specified in 10 CFR 20.1402. Based on its review, the 
staff determined that there were no radiological impacts associated 
with the proposed action because no radiological remediation activities 
were required to complete the proposed action, and that the 
radiological criteria for unrestricted use in Sec.  20.1402 have been 
met.
    Based on its review, the staff determined that the radiological 
environmental impacts from the proposed action are bounded by the 
``Generic Environmental Impact Statement in Support of Rulemaking on 
Radiological Criteria for License Termination of NRC-Licensed Nuclear 
Facilities'' (NUREG-1496). Additionally, no non-radiological or 
cumulative impacts were identified. Therefore, the NRC has determined 
that the proposed action will not have a significant effect on the 
quality of the human environment.

Alternatives to the Proposed Action

    An alternative to the proposed action is to take no action. Under 
the no-action alternative, the licensee's facility would remain under 
an NRC license and would not be released for unrestricted use. This 
would result in no change to current conditions at the Ann Arbor 
facility. The no-action alternative is not acceptable because it is 
inconsistent with 10 CFR 30.36, which requires that a licensee who has 
permanently ceased licensed activities begin decommissioning its 
facility. This alternative would impose an unnecessary regulatory 
burden in controlling access to the former Ann Arbor facility, and 
limit potential benefits from the future use of the facility.

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 consulted with Mr. Robert Skowronek, Chief, Radioactive 
Material and Medical Waste Materials Unit, Waste and Hazardous 
Materials Division, Michigan Department of Environmental Quality. Mr. 
Skowronek was provided an electronic draft of the EA for comment on 
July 9, 2007. Mr. Skowronek responded to the NRC by e-mail on July 10, 
2007, indicating that the State had no comments regarding the NRC 
Environmental Assessment for the release of the licensee's Ann Arbor 
facility located at 789 North Dixboro Road.

II. Finding of No Significant Impact

    On the basis of the EA in support of the proposed license amendment 
to release the site 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, an environmental impact statement for 
the proposed action is not warranted.

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 <a href="/cdn-cgi/l/email-protection#1f6f7b6d5f716d7c31787069"><span class="__cf_email__" data-cfemail="d0a0b4a290bea2b3feb7bfa6">[email protected]</span></a>. The documents 
and ADAMS accession numbers related to this notice are:
    1. Lori Bestervelt, NSF International, letter to U.S. Nuclear 
Regulatory Commission, April 30, 2007 (ADAMS Accession No. 
ML071220400).
    2. U.S. Nuclear Regulatory Commission, ``Environmental Review 
Guidance for Licensing Actions Associated with NMSS Programs,'' NUREG-
1748, August 2003.
    3. 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.
    4. 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 July 2007.

    For the Nuclear Regulatory Commission.
Patrick Louden,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region III.
[FR Doc. 07-3666 Filed 7-25-07; 8:45 am]
BILLING CODE 7590-01-P


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