[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74763-74764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29083]
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NUCLEAR REGULATORY COMMISSION
[DOCKET NO. 030-31474]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 06-28473-01, for Termination of the License and
Unrestricted Release of the Neurogen Corporation's Facility in
Branford, CT
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: Betsy Ullrich, Senior Health
Physicist, Commercial and R&D Branch, Division of Nuclear Materials
Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania
19406; telephone (610) 337-5040; fax number (610) 337-5268; or by e-
mail: Elizabeth.Ullrich@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of a license amendment to Byproduct Materials License No. 06-
28473-01. This license is held by Neurogen Corporation (the Licensee),
for its Neurogen Branford facility (the Facility), located on Northeast
Industrial Road in Branford, Connecticut. Issuance of the amendment
would authorize release of the Facility for unrestricted use and
termination of the NRC license. The Licensee requested this action in a
letter dated September 1, 2008. The NRC has prepared an Environmental
Assessment (EA) in support of this proposed action in accordance with
the requirements of Title 10, Code of Federal Regulations (CFR), Part
51 (10 CFR part 51). Based on the EA, the NRC has concluded that a
Finding of No Significant Impact (FONSI) is appropriate with respect to
the proposed action. The amendment will be issued to the Licensee
following the publication of this FONSI and EA in the Federal Register.
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve the Licensee's September 1, 2008,
license amendment request, resulting in release of the Facility for
unrestricted use and the termination of its NRC materials license.
License No. 06-28473-01 was issued on May 8, 1990, pursuant to 10 CFR
part 30, and has been amended periodically since that time. This
license authorized the Licensee to use unsealed byproduct material for
purposes of conducting research and development activities on
laboratory bench tops and in hoods.
The Facility is situated on 8.8 acres, and consists of four one-
and two-story buildings located at 15, 35, and 45 Northeast Industrial
Road. The buildings contain approximately 132,200 square feet of office
space and laboratories. The Facility is located in a mixed industrial/
commercial area. Within the Facility, use of licensed materials was
confined to 15 areas: Laboratories 055, 071, 073, 215, 313, 314, 315,
316, 320, 335, 362, and 662, used for research activities; and Rooms
134 and 361, used for low-level radioactive waste storage.
In March 2008, the Licensee ceased licensed activities and
initiated a survey and decontamination of the Facility. 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 their NRC-approved, operating radiation
safety procedures, were required. The Licensee was not required to
submit a decommissioning plan to the NRC because worker cleanup
activities and procedures are consistent with those approved for
routine operations. The Licensee conducted surveys of the Facility and
provided information to the NRC to demonstrate that it meets the
criteria in Subpart E of 10 CFR part 20 for unrestricted release and
for license termination.
Need for the Proposed Action
The Licensee has ceased conducting licensed activities at the
Facility, and seeks the unrestricted use of its Facility and the
termination of its NRC materials license. Termination of its license
would end the Licensee's obligation to pay annual license fees to the
NRC.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Facility shows that such activities involved use of the following
radionuclides with half-lives greater than 120 days: Hydrogen-3 and
carbon-14. Prior to performing the final status survey, the Licensee
conducted decontamination activities, as necessary, in the areas of the
Facility affected by these radionuclides. The Licensee conducted a
final status survey between March 28 and August 11, 2008. This survey
covered the 15 areas where licensed materials were used or stored. The
final status survey report was attached to the Licensee's amendment
request dated September 1, 2008. The Licensee elected to demonstrate
compliance with the radiological criteria for unrestricted release as
specified in 10 CFR 20.1402 by using the screening approach described
in NUREG-1757, ``Consolidated NMSS Decommissioning Guidance,'' Volume
2. The Licensee used the radionuclide-specific derived concentration
guideline levels (DCGLs), developed there by the NRC, which comply with
the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum
amount of residual radioactivity on building surfaces, equipment, and
materials, and in soils, that will satisfy the NRC requirements in
Subpart E of 10 CFR
[[Page 74764]]
part 20 for unrestricted release. The Licensee's final status survey
results were below these DCGLs and are in compliance with the As Low As
Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC
thus finds that the Licensee's final status survey results are
acceptable.
Based on its review, the staff has determined that the affected
environment and any environmental impacts associated with the proposed
action 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) Volumes 1-3 (ML042310492, ML042320379, and ML042330385).
The staff finds there were no significant environmental impacts from
the use of radioactive material at the Facility. The NRC staff reviewed
the docket file records and the final status survey report to identify
any non-radiological hazards that may have impacted the environment
surrounding the Facility. No such hazards or impacts to the environment
were identified. The NRC has identified no other radiological or non-
radiological activities in the area that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed release of the Facility for
unrestricted use and the termination of the NRC materials license is in
compliance with 10 CFR 20.1402. Based on its review, the staff
considered the impact of the residual radioactivity at the Facility and
concluded that the proposed action will not have a significant effect
on the quality of the human environment.
Environmental Impacts of the Alternatives to the Proposed Action
Due to the largely administrative nature of the proposed action,
its environmental impacts are small. Therefore, the only alternative
the staff considered is the no-action alternative, under which the
staff would leave things as they are by simply denying the amendment
request. This no-action alternative is not feasible because it
conflicts with 10 CFR 30.36(d), requiring that decommissioning of
byproduct material facilities be completed and approved by the NRC
after licensed activities cease. The NRC's analysis of the Licensee's
final status survey data confirmed that the Facility meets the
requirements of 10 CFR 20.1402 for unrestricted release and for license
termination. Additionally, denying the amendment request would result
in no change in current environmental impacts. The environmental
impacts of the proposed action and the no-action alternative are
therefore similar, and the no-action alternative is accordingly not
further considered.
Conclusion
The NRC staff has 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
NRC provided a draft of this Environmental Assessment to the State
of Connecticut Department of Environmental Protection (DEP) for review
on October 9, 2008. On November 6, 2008, DEP responded by e-mail. The
State agreed with the conclusions of the EA, and otherwise had no
comments.
The NRC staff has determined that the proposed action is of a
procedural nature, and will not affect listed species or critical
habitat. Therefore, no further consultation is required under Section 7
of the Endangered Species Act. The NRC staff has also determined that
the proposed action is not the type of activity that has the potential
to cause effects on historic properties. Therefore, no further
consultation is required under Section 106 of the National Historic
Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in support of the proposed
action. On the basis of this EA, the NRC finds that there are no
significant environmental impacts from the proposed action, and that
preparation of an environmental impact statement is not warranted.
Accordingly, the NRC has determined that a Finding of No Significant
Impact is appropriate.
IV. Further Information
Documents related to this action, including the application for
license 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. The documents
related to this action are listed below, along with their ADAMS
accession numbers.
1. Letter dated September 1, 2008, with ``Radiological Assessment
Report, Neurogen Corporation, Northeast Industrial Road, Branford, CT
06504,'' dated August 26, 2008;
2. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
3. Title 10, Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
4. Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;'' and
5. NUREG-1496, ``Generic Environmental Impact Statement in Support
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities.''
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 pdr@nrc.gov. These 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 475 Allendale Road, King of Prussia, Pennsylvania this
2nd day of December 2008.
For the Nuclear Regulatory Commission.
James Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E8-29083 Filed 12-8-08; 8:45 am]
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