[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Notices]
[Pages 5056-5057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2309]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 030-05295]


Environmental Assessment and Finding of No Significant Impact

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Notice of Environmental Assessment and Finding of no 
Significant Impact related to license amendment of Byproduct Material 
License No. 29-03761-01, Warner-Lambert Company, Morris Plains, New 
Jersey.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
the issuance of a license amendment to Byproduct Material License No. 
29-03761-01 to authorize release of its facility in Morris Plains, New 
Jersey, for unrestricted use and has prepared an Environmental 
Assessment in support of this action. Based upon the Environmental 
Assessment, the NRC has concluded that a Finding of No Significant 
Impact is appropriate, and, therefore, an Environmental Impact 
Statement is unnecessary.

FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission, Region I, 475 
Allendale Road, King of Prussia, Pennsylvania 19406; telephone (610) 
337-5040 or e-mail [email protected].

SUPPLEMENTARY INFORMATION: The U. S. Nuclear Regulatory Commission is 
considering terminating Byproduct Materials License No. 29-03761-01 and 
authorizing the release of the licensee's facilities in Morris Plains, 
New Jersey, for unrestricted use and has prepared an Environmental 
Assessment (EA) and a Finding of No Significant Impact (FONSI) in 
support of this action.

SUMMARY: The U. S. Nuclear Regulatory Commission (NRC) reviewed the 
results of the decommissioning of the Warner-Lambert Company (Warner-
Lambert) facility in Morris Plains, New Jersey. Warner-Lambert was 
authorized by NRC from 1963 to 2002 to use radioactive materials for 
research and development purposes at the site. In 2002, Warner-Lambert 
ceased operations with licensed materials at the Morris Plains site, 
and requested that NRC terminate its license. Warner-Lambert has 
conducted surveys of the facility and determined that the facility 
meets the license termination criteria in subpart E of 10 CFR part 20. 
The NRC staff has evaluated Warner-Lambert's request and results of the 
surveys, and has developed an Environmental Assessment (EA) in 
accordance with the requirements of 10 CFR part 51. Based on the staff 
evaluation, the conclusion of the EA is a Finding of No Significant 
Impact (FONSI) on human health and the environment for the proposed 
licensing action.

Introduction

    Warner-Lambert Company (Warner-Lambert) requested release for 
unrestricted use of the buildings at 170 and 182 Tabor Road, Morris 
Plains, New Jersey as authorized by the NRC License No. 29-03761-01, 
and termination of the license. License No. 29-03761-01 was issued in 
1963 and amended periodically since that time. It authorizes Warner-
Lambert to perform activities at 170, 175 and 182 Tabor Road, Morris 
Plains, New Jersey. The building at 175 Tabor Road, although authorized 
on the license, was not used for licensed activities. NRC-licensed 
activities performed at the Morris Plains site were limited to 
laboratory procedures typically performed on bench tops and in hoods. A 
variety of radionuclides were used primarily for research and 
development, but past activities also included manufacture and 
distribution of radio-labeled pharmaceuticals for medical research. No 
outdoor areas were affected by the use of licensed materials.
    Licensed activities ceased completely in June 2002, and the 
licensee requested termination of the license and release of the 
facilities for unrestricted use. 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 licensee radiation safety procedures, were required. A 
decommissioning plan was not required to be submitted to the NRC. The 
licensee surveyed the facilities, decontaminated or remediated areas as 
needed, and provided documentation that the facilities meet the license 
termination criteria specified in subpart E of 10 CFR part 20, and do 
not require additional decommissioning activities

[[Page 5057]]

to be performed. The licensee subsequently requested that the 
facilities be released for unrestricted use.

The Proposed Action

    The proposed action is to terminate Byproduct Materials License No. 
29-03761-01 and release the facilities at 170 and 182 Tabor Road, 
Morris Plains, New Jersey for unrestricted use. Warner-Lambert provided 
survey results which demonstrate that the Morris Plains site is in 
compliance with the radiological criteria for license termination in 
subpart E, 10 CFR part 20, ``Radiological Criteria for License 
Termination.''

Purpose and Need for the Proposed Action

    The purpose of the proposed action is to terminate Byproduct 
Materials License No. 29-03761-01 and release the Warner-Lambert site 
in Morris Plains, New Jersey, for unrestricted use. NRC is fulfilling 
its responsibilities under the Atomic Energy Act to make a decision on 
a proposed license amendment for termination of a license and release 
of facilities for unrestricted use that ensures protection of public 
health and safety and the environment.

Alternative to the Proposed Action

    The only alternative to the proposed action of termination of the 
license and release of the Morris Plains site for unrestricted use is 
no action. The no-action alternative is not acceptable because the 
licensee does not plan to perform any activities with licensed 
materials at those locations and does not plan to maintain staff to 
perform licensed activities.

The Affected Environment and Environmental Impacts

    The NRC staff has reviewed the surveys performed by Warner-Lambert 
to demonstrate compliance with the 10 CFR 20.1402 license termination 
criteria. Based on its review, the staff has determined that the 
affected environment and environmental impacts associated with the 
release for unrestricted use of the Warner-Lambert Morris Plains 
facilities are bounded by the impacts evaluated by the ``Generic 
Environmental Impact Statement in Support of Rulemaking on Radiological 
Criteria for License Termination of NRC-Licensed Nuclear Facilities'' 
(NUREG-1496). The staff also finds that the proposed release for 
unrestricted use of the Warner-Lambert facilities is in compliance with 
Title 10, Code of Federal Regulations, 10 CFR 20.1402, ``Radiological 
Criteria for Unrestricted Use.''

Agencies and Persons Consulted

    This Environmental Assessment was prepared entirely by the NRC 
staff. The State Office of Historical Preservation, the State Fish and 
Wildlife Service, and the U. S. Fish and Wildlife Service were not 
contacted because release of the Warner-Lambert facilities for 
unrestricted use does not affect historical or cultural resources, nor 
will it affect threatened or endangered species. No other sources were 
used beyond those referenced in the EA.
    NRC provided a draft of its Environmental Assessment to the State 
of New Jersey Department of Environmental Protection (NJDEP) for 
review. On January 9, 2003, NJDEP responded by letter, provided 
editorial comments and agreed with the conclusions of the EA.

Finding of No Significant Impact

    The NRC staff concluded that the completed action complies with 10 
CFR part 20. NRC has prepared this EA in support of the proposed 
license amendment to terminate the license and release the facilities 
for unrestricted use. On the basis of the EA, NRC has concluded that 
the environmental impacts from the proposed action are expected to be 
insignificant and has determined not to prepare an environmental impact 
statement for the proposed action.

List of Preparers

    Betsy Ullrich, Senior Health Physicist, Division of Nuclear 
Materials Safety, Region 1.

List of References

    1. NRC License No. 29-03761-01 inspection and licensing records.
    2. Letter dated September 5, 2002, with enclosures, from Pfizer 
Consumer Healthcare for Warner-Lambert Company. [ADAMS Accession No. 
ML022670617]
    3. Letter dated November 18, 2002, with attachments, from Pfizer 
Consumer Healthcare for Warner-Lambert Company. [ADAMS Accession No. 
ML023250206]
    The application for the license amendment and supporting 
documentation are available for inspection at NRC's Public Electronic 
Reading Room at http://www.nrc.gov/reading-rm/ADAMS.html. Any questions 
with respect to this action should be referred to Betsy Ullrich, 
Nuclear Materials Safety Branch 2, Division of Nuclear Materials 
Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 
19406, telephone (610) 337-5040, fax (610) 337-5269.

    Dated at King of Prussia, Pennsylvania this 23rd day of January, 
2002.

    For the Nuclear Regulatory Commission.
John D. Kinneman,
Chief, Nuclear Materials Safety Branch 2, Division of Nuclear Materials 
Safety, Region I.
[FR Doc. 03-2309 Filed 1-30-03; 8:45 am]
BILLING CODE 7590-01-P