[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Notices]
[Pages 39157-39159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16534]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-06552]
Environmental Assessment and Finding of No Significant Impact
Related to Issuance of a License Amendment of U.S. Nuclear Regulatory
Commission Byproduct Material License No. 45-03302-01 Merck & Company,
Inc.
I. Summary
The U. S. Nuclear Regulatory Commission (NRC) is considering
[[Page 39158]]
terminating Byproduct Material License No. 45-03302-01 to authorize the
release of the licensee's facility in Elkton, Virginia for unrestricted
use and has prepared an Environmental Assessment (EA) and Finding of No
Significant Impact (FONSI) in support of this action.
The NRC has reviewed the results of the final survey of the Merck &
Company facility in Elkton, Virginia, and will perform a confirmatory
survey prior to termination of the license. Merck & Company was
authorized by the NRC from January 10, 1958 until the present to use
radioactive materials for research and development purposes at the
site. In 2002, Merck & Company ceased operations with licensed
materials at the Elkton, Virginia site, and requested that the NRC
terminate the license. Merck & Company 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
Merck & Company's request and the results of the surveys, and has
developed an 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 on human health and the environment for the
proposed licensing action.
II. Environmental Assessment
Introduction
Merck & Company has requested release for unrestricted use their
building located at 2778 South Eastside Highway in Elkton, Virginia as
authorized for use by NRC License No. 45-03302-01. License No. 45-
03302-01 was issued on January 10, 1958, and amended periodically since
that time. NRC-licensed activities performed at the Elkton, Virginia
site were limited to laboratory procedures typically performed on bench
tops and in hoods. No outdoor areas were affected by the use of
licensed materials. Licensed activities ceased completely in September
2002, and the licensee requested release of the facility for
unrestricted use. Based on the licensee's historical knowledge of the
sites and the condition 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
facility and provided documentation that the facility meets the license
termination criteria specified in subpart E of 10 CFR part 20,
``Radiological Criteria for License Termination.'' NRC staff will
perform a confirmatory survey prior to termination of the license.
The Proposed Action
The proposed action is to terminate NRC Radioactive Materials
License No. 45-03302-01 and release the licensee's facility at 2778
South Eastside Highway in Elkton, Virginia, for unrestricted use. By
letters dated September 23, 2002 and March 17, 2003, Merck & Company
provided survey results which demonstrate that the Elkton, Virginia
facility is in compliance with the radiological criteria for license
termination in subpart E of 10 CFR part 20, ``Radiological Criteria for
License Termination.''
Purpose and Need for the Proposed Action
The purpose of the proposed action is to release Merck & Company's
facility located at 2778 South Eastside Highway in Elkton, Virginia for
unrestricted use and termination of the license. NRC is fulfilling its
responsibilities under the Atomic Energy Act to make a decision on a
proposed license amendment for release of facilities for unrestricted
use that ensures protection of the public health and safety and
environment.
Alternatives to the Proposed Action
The only alternative to the proposed action of terminating the
license and release of the Elkton, Virginia facility for unrestricted
use is no action. The no-action alternative is not acceptable because
it will result in violation of NRC's Timeliness Rule (10 CFR 30.36),
which requires licensees to decommission their facilities when licensed
activities cease. The licensee does not plan to perform any activities
with licensed materials at this location. Maintaining the area under a
license would also reduce options for future use of the property.
The Affected Environment and Environmental Impacts
The NRC staff has reviewed the surveys performed by Merck & Company
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
decommissioning of Merck & Company's facility 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 Facilities'' (NUREG-1496). The staff also finds that
the proposed release for unrestricted use of the Merck & Company
facility is in compliance with 10 CFR 201402, ``Radiological Criteria
for Unrestricted Use.'' The NRC has found no other activities in the
area that could result in cumulative impacts.
Agencies and Persons Contacted and Sources Used
This Environmental Assessment was prepared entirely by the NRC
staff. The U. S. Fish and Wildlife Service was contacted for comment
and responded by letter dated January 16, 2003, with no opposition to
the action. The Virginia Department of Historic Resources was also
contacted and had no comment.
Conclusion
Based on its review, the NRC staff has concluded that the proposed
action complies with 10 CFR part 20. NRC has prepared this EA in
support of the proposed license termination to release the Merck &
Company facility located at 2778 South Eastside Highway in Elkton,
Virginia for unrestricted use. On the basis of the EA, NRC has
concluded that the environmental impacts from the proposed action are
not expected to be significant and has determined not to prepare an
environmental impact statement for the proposed action.
List of Preparers
Orysia Masnyk Bailey, Materials Licensing/Inspection Branch 1,
Division of Nuclear Materials Safety, Health Physicist.
List of References
1. NRC License No. 45-03302-01 inspection and licensing records.
2. Merck & Company. ``Request for Declaration of Decommissioned
Status'' Letter and supporting documentation from D. Kremer to NRC
dated September 23, 2002. (ML022680313)
3. Merck & Company. ``Additional Information Concerning Request
Dated September 23, 2003'' Letter and supporting documentation from D.
Kremer to NRC dated March 17, 2003.(ML030830011)
4. Title 10 Code of Federal Regulations part 20, subpart E,
``Radiological Criteria for License Termination.''
5. Federal Register notice, Volume 65, No. 114, page 37186, dated
Tuesday, June 13, 2000, ``Use of Screening Values to Demonstrate
Compliance With The Federal Rule on Radiological Criteria for License
Termination.''
6. United States Department of the Interior. ``Merck & Company
Elkton Facility, Termination of Byproduct
[[Page 39159]]
Materials License, 2803, Rockingham County, Virginia'' Letter
from K. Mayne, U.S. Fish and Wildlife Service to NRC dated January 16,
2003. (ML030220358)
III. Finding of No Significant Impact
Based upon the environmental assessment, the staff concludes that
the proposed action will not have a significant effect on the quality
of the human environment. Accordingly, the staff has determined that
preparation of an environmental impact statement is not warranted.
IV. Further Information
The references listed above are available for public inspection and
may also be copied for a fee at the NRC's Public Document Room, located
at One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
These documents are also available for public review through ADAMS, the
NRC's electronic reading room, at: http://www.nrc.gov/reading-rm/adams.htlm. Any questions with respect to this action should be
referred to Orysia Masnyk Bailey, Materials Licensing/Inspection Branch
1, Division of Nuclear Materials Safety, U.S. Nuclear Regulatory
Commission, Region II, Suite 23T85, 61 Forsyth Street, SW., Atlanta,
Georgia 30303. Telephone 404-562-4739.
Dated at Atlanta, Georgia, the 17th day of June, 2003.
For the Nuclear Regulatory Commission.
Douglas M. Collins,
Director, Division of Nuclear Materials Safety, Region II.
[FR Doc. 03-16534 Filed 6-30-03; 8:45 am]
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