[Federal Register Volume 69, Number 90 (Monday, May 10, 2004)]
[Notices]
[Pages 25933-25934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-10515]


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NUCLEAR REGULATORY COMMISSION

[Docket Number 030-04783]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment For the Dow Chemical 
Company, Midland, MI

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability of Environmental Assessment and Finding 
of No Significant Impact.

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FOR FURTHER INFORMATION CONTACT: William Snell, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission, Region III, 2443 
Warrenville Road, Lisle, Illinois 60532; telephone (630) 829-9871; or 
by e-mail at wgs@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of an amendment to Material License No. 21-00265-06 issued to 
Dow Chemical Company (the licensee), to remove the 703 Incinerator from 
its license at its Midland, Michigan facilities, and release the 
incinerator for unrestricted use.
    The NRC staff has prepared this environmental assessment (EA) to 
support this licensing action in accordance with the requirements of 10 
CFR Part 51. Based on the EA, the NRC has concluded that a Finding of 
No Significant Impact (FONSI) is appropriate. The amendment will be 
issued following the publication of this Notice.

II. EA Summary

    The purpose of the proposed action is to remove the 703 Incinerator 
from Byproduct Material License No. 21-00265-06, issued to the Dow 
Chemical Company in Midland, Michigan, and release the licensee's 703 
Incinerator for unrestricted use. The 703 Incinerator had been used 
since 1959 to incinerate hazardous wastes and had been used since 1966 
to incinerate materials containing small quantities of hydrogen-3 (H-3) 
and carbon-14 (C-14). On January 9, 2004, Dow Chemical Company 
submitted a request to remove the 703 Incinerator from its license at 
its Midland, Michigan facilities, and release the incinerator for 
unrestricted use. Dow Chemical Company provided survey results which 
demonstrated that the 703 Incinerator was in compliance with Title 10, 
Code of Federal Regulations, 10 CFR 20.1402, ``Radiological Criteria 
for Unrestricted Use.'' No radiological remediation activities are 
required to complete the proposed action. The NRC staff has reviewed 
the information provided and surveys performed by Dow Chemical Company 
to demonstrate compliance with the license termination criteria in 
Subpart E of 10 CFR 20.1402, ``Radiological Criteria for Unrestricted 
Use,'' to ensure the NRC's decision is protective of public health and 
safety and the environment.

III. Finding of No Significant Impact

    The staff has prepared the EA (summarized above) in support of Dow 
Chemical Company's proposed license amendment to terminate its license 
and release the 703 Incinerator for unrestricted use. Based on its 
review, the staff has determined that the affected environment and the 
environmental impacts associated with the decommissioning of Dow 
Chemical Company's 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). Additionally, no non-radiological 
impacts were identified. The staff also finds that the proposed release 
for unrestricted use of the Dow Chemical Company's facilities is in 
compliance with 10 CFR 20.1402, and finds no other activities in the 
area that could result in cumulative impacts. On the basis of the EA, 
the staff has concluded that the environmental impacts from the 
proposed action would not be significant. Accordingly, the staff has 
determined that a FONSI is appropriate, and has determined that the 
preparation of an Environmental Impact Statement is not warranted.

IV. Further Information

    In accordance with 10 CFR 2.390 of the NRC's ``Rules of Practice,'' 
Dow Chemical Company's request, the EA summarized above, and the 
documents related to this proposed action are available electronically 
for public inspection and copying from the Publicly Available Records 
(PARS) component of NRC's document system (ADAMS). ADAMS is accessible 
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. 
These documents include Dow Chemical Company's letter dated January 9, 
2004, with enclosures (Accession No. ML041200347); and the EA 
summarized above (Accession No. ML041210129). These documents may also 
be viewed electronically on the public computers

[[Page 25934]]

located at the NRC's Public Document Room (PDR), O 1 F21, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR 
reproduction contractor will copy documents for a fee. 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 or (301) 415-4737, or by e-mail to 
pdr@nrc.gov.

    Dated at Lisle, Illinois, this 30th day of April 2004.
George M. McCann,
Acting Chief, Decommissioning Branch, Division of Nuclear Materials 
Safety, RIII.
[FR Doc. 04-10515 Filed 5-7-04; 8:45 am]
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