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E-M:/ Nuclear materials site in Ann Arbor



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[Federal Register: July 26, 2007 (Volume 72, Number 143)]
[Notices]              
[Page 41091-41092]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy07-72]                        

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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="mailto:pjl2@nrc.gov";>pjl2@nrc.gov</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 <A HREF="http://www.nrc.gov/reading-rm/adams.html";>http://www.nrc.gov/reading-rm/adams.html</A>.
 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="mailto:pdr@nrc.gov";>pdr@nrc.gov</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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