82 FR 3816 - Department of the Army, U.S. Army Research, Development and Engineering Command, Armament Research, Development and Engineering Center, Picatinny Arsenal; Picatinny, New Jersey

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 8 (January 12, 2017)

Page Range		3816-3819
FR Document		2017-00526
The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance to license amendment of SUB-348, issued on July 13, 1961 and held by the Department of the Army, U.S. Army Research, Development and Engineering Command (RDEC), Armament Research, Development and Engineering Center (ARDEC or the licensee), for its facilities located at the Picatinny Arsenal in Morris County, New Jersey.
Federal Register, Volume 82 Issue 8 (Thursday, January 12, 2017)
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3816-3819]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00526]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-06377; NRC-2014-0041]


Department of the Army, U.S. Army Research, Development and 
Engineering Command, Armament Research, Development and Engineering 
Center, Picatinny Arsenal; Picatinny, New Jersey

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
the issuance to license amendment of SUB-348, issued on July 13, 1961 
and held by the Department of the Army, U.S. Army Research, Development 
and Engineering Command (RDEC), Armament Research, Development and 
Engineering Center (ARDEC or the licensee), for its facilities located 
at the Picatinny Arsenal in Morris County, New Jersey.

DATES: The Environmental assessment and finding of no significant 
impact referenced in this document is available on January 12, 2017.

ADDRESSES: Please refer to Docket ID NRC-2014-0041 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0041. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. For 
the convenience of the reader, the ADAMS accession numbers are provided 
in a table in the ``Availability of Documents'' section of this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Laurie A. Kauffman, Division of 
Nuclear Materials Safety, Region I, U.S. Nuclear Regulatory Commission, 
King of Prussia, PA 19406; telephone: 610-337-5323; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering the issuance of a license amendment to NRC's 
Source Materials License No. SUB-348 (License No. SUB-348). The license 
is held by the Department of the Army, U.S. Army Research, Development 
and Engineering Command (RDEC), Armament Research, Development and 
Engineering Center (ARDEC or the licensee), for its facilities located 
at the Picatinny Arsenal in Morris County, New Jersey. The ARDEC 
submitted to the NRC a license amendment request and proposed 
decommissioning plan for Area 1222. The ARDEC requested authorization 
to decontaminate the small remaining amounts of depleted uranium and 
radium in Area 1222, and proposed a decommissioning plan that included 
information describing how Area 1222 would meet the criteria described 
in part 20 of title 10 of the Code of Federal Regulations (CFR), 
subpart E, ``License Termination Criteria'' following decommissioning. 
Issuance of the amendment would authorize the decontamination of Area 
1222. The ARDEC license would not be otherwise affected, and the ARDEC 
will continue to conduct authorized activities under this license at 
other locations on the Picatinny Arsenal site. The ARDEC requested this 
action in a letter dated July 23, 2013 (ADAMS Accession No. 
ML14078A564). The NRC's consideration of the license amendment request 
for the proposed decommissioning plan, and notice of an opportunity to 
request a hearing was publicly noticed in Federal Register notice (79 
FR 18934-18936; March 27, 2014) (ADAMS Accession No. ML14058A702).
    The NRC has prepared an environmental assessment (EA) in support of 
its review of the proposed actions in accordance with the requirements 
of 10 CFR part 51 ``Environmental Protection Regulations for Domestic 
Licensing and Related Regulatory Functions,'' which implements the 
NRC's environmental protection program under the National Environmental 
Policy Act (NEPA) of 1969, as amended. Based on this EA, the NRC has 
concluded that a finding of no significant impact (FONSI) is 
appropriate. The NRC will make a decision to amend the license 
following completion of a safety evaluation report.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action is to amend NRC License No. SUB-348 to 
authorize the decontamination of Area 1222 so that residual 
radioactivity above background can be reduced to a level that meets the 
criteria in 10 CFR part 20, subpart E, ``License Termination 
Criteria,'' specifically, 10 CFR 20.1402, ``Radiological Criteria for 
Unrestricted Use.'' This criteria allows unrestricted use of a site if 
the maximum total effective dose equivalent to an average member of the 
critical group is 25 millirem per year (0.25 millisievert (mSv) per 
year) and the residual radioactivity above background has been reduced 
to levels that are as low as is reasonably achievable.
    The NRC License No. SUB-348 was issued on July 13, 1961, pursuant 
to 10 CFR part 40, and has been amended periodically since that time. 
This license authorizes ARDEC to use uranium and thorium in any form 
for purposes of conducting research and development activities. The 
ARDEC conducts authorized activities under this license at numerous 
other locations on the arsenal, and is not requesting license 
termination.
    The Picatinny Arsenal is situated on 6,500 acres of land and 
consists of office space, laboratories, and specialized facilities. The 
Picatinny Arsenal is located in a mixed residential and commercial 
area. Area 1222, which includes an open detonation pit area and the 
adjacent hillside areas, is located on the arsenal property in the 
valley toward the northern end of the arsenal and lies at the base of 
the Copperas Mountain. In the 1970's, the ARDEC used Area 1222 for open 
detonation of munitions and as a demilitarization area. NRC-licensed 
activities performed in Area 1222 were restricted to the detonation of 
a limited number of mines containing small

[[Page 3817]]

quantities of depleted uranium and radium, specifically, the 
demilitarization of excess, unserviceable, or obsolete conventional 
munitions and explosives. Materials that are treated by open detonation 
at the arsenal include items such as small arms ammunition, land mines, 
mortars, bombs, fuses, detonators and other types of ordnance. The open 
detonation pit was subdivided into two areas: The interior area, which 
is within the berm area (approximately 1,800 square feet (ft\2\)), and 
the exterior area, which includes the area outside of the berm area 
(approximately 21,200 ft\2\). The hillside area is approximately 17,222 
ft\2\. The total area boundary of Area 1222 is approximately 40,222 
ft\2\. There are numerous structures in and around the open detonation 
pit exterior area. The largest structure is a blast shield which has a 
total surface area of 38 square meters and is constructed of steel. 
There are no contaminated systems or equipment on the site.
    In the late 1990's, ARDEC determined that Area 1222 was no longer 
required for licensed activities and initiated a survey and 
decontamination program. In 2011, ARDEC submitted an amendment 
application to renew their NRC Source Material License (SUB-348). The 
request noted that Area 1222 was considered potentially radiologically 
contaminated with depleted uranium, and possibly with fragments of 
luminescent gauges or dials containing radium from past limited 
research and development testing operations at the site. The request 
also included provisions for conducting minor surficial soil 
remediation if soil contamination is identified above the criteria 
identified for cleanup. In a letter dated July 23, 2013 (ADAMS 
Accession No. ML14078A564), ARDEC submitted a license amendment request 
and proposed decommissioning plan for Area 1222. In the proposed 
decommissioning plan, the ARDEC provided information regarding the 
previous characterization and remediation surveys, and a plan for the 
radiological survey and subsequent excavation, decontamination, and 
proper disposal of licensed radioactive material identified within Area 
1222. The ARDEC also provided information to the NRC stating that after 
decommissioning, Area 1222 would meet the criteria for release for 
unrestricted use as described in 10 CFR part 20, subpart E, ``License 
Termination Criteria.''

Need for the Proposed Action

    The current ARDEC license does not authorize decontamination 
activities to be conducted. The NRC regulations in 10 CFR 40.42, in 
part, require a decommissioning plan to be submitted and approved prior 
to the initiation of decommissioning if the procedures and activities 
necessary to carry out decontamination of an area could increase 
potential health and safety impacts to workers or the public. The 
proposed action would allow the ARDEC to remove any remaining 
radioactive material in Area 1222 to ultimately meet the criteria for 
release for unrestricted use as described in 10 CFR part 20, subpart E, 
``License Termination Criteria'' following decommissioning.

Environmental Impacts of the Proposed Action

    A historical review of licensed activities conducted in Area 1222 
shows that such activities involved use of depleted uranium and radium. 
The ARDEC proposes to conduct radiological surveys and subsequent 
excavation, decontamination, and disposal of licensed radioactive 
material identified within Area 1222. Following completion of these 
activities, the ARDEC would conduct a final status survey of the area. 
The ARDEC proposes to undertake this effort in accordance with the 
guidance contained in the ``Multi-Agency Radiation Survey and Site 
Investigation Manual (MARSSIM),'' NUREG-1575, Rev. 1 (ADAMS Accession 
No. ML082470583). The final determination that the site area meets the 
radiological criteria for release for unrestricted use would be 
contingent upon the NRC staff's approval of the licensee's final status 
survey report.
    The NRC staff has reviewed the decommissioning plan for ARDEC's 
Area 1222 site and examined the impacts of decontamination activities. 
Based on its review, the staff has determined that the affected 
environment and the environmental impacts associated with this 
decommissioning action are bounded by information contained in the 
``Generic Environmental Impact Statement (GEIS) in Support of 
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities,'' NUREG-1496, Vols. 1, 2 and 3 (ADAMS 
Accession Nos. ML042310492, ML042320379, and ML042330385, 
respectively).
    The NRC staff determined that the contaminants, the potential dose 
scenarios or pathways, the physical size of the area, and the volumes 
of waste expected to be generated are similar to those in the GEIS 
reference facilities, and do not change conclusions regarding 
environmental impacts. No additional non-radiological impacts were 
identified. A beneficial environmental impact of the proposed action is 
that there will no longer be depleted uranium contamination to the soil 
in Area 1222 because the depleted uranium contamination would be 
removed.
    In the Decommissioning Plan, the ARDEC states that they would 
implement controls and perform radiological sampling and analysis to 
limit the potential release of radioactive material. Contamination 
controls, such as the use of covers for loaded containers or vehicles, 
or water sprays for dust control, will be implemented during 
decommissioning activities to prevent airborne contamination from 
escaping the remediation work areas; therefore, no significant release 
of airborne contamination is anticipated. Air sampling and analysis 
will be conducted to ensure regulatory criteria are met for air 
effluents. No liquid effluents are expected to be generated during 
decommissioning. Controls, such as silt fences and water diversion 
berms will be put in place to control water inflow or runoff due to 
precipitation. Any radioactive waste generated will be placed in 
suitable transport containers that will be covered and staged within 
the property pending shipment to a licensed radioactive waste treatment 
or disposal facility.
    The ARDEC intends to use a contractor to perform remediation 
activities at Area 1222. The contractor will perform these activities 
under the authority of its NRC license. The ARDEC will oversee the 
activities and will maintain primary responsibility for the 
decommissioning project. As noted, the ARDEC has prepared a 
decommissioning plan describing the work to be performed, and, work 
activities are not anticipated to result in a dose to workers or the 
public in excess of the limits in 10 CFR part 20, ``Standards for 
Protection Against Radiation,'' consistent with decommissioning 
activities at similar sites.

Alternatives to the Proposed Action

    The only alternative the NRC staff considered is the no-action 
alternative, under which the staff would deny the amendment request to 
initiate remediation activities at Area 1222. Denying the amendment 
request would result in no decontamination at the site, leaving 
residual contamination. The environmental impacts of the no-action 
alternative are greater than the proposed action, therefore no-action 
alternative is accordingly not further considered.

[[Page 3818]]

Agencies and Persons Contacted

    The NRC staff prepared this EA with input from the Department of 
the Army, Installation Management Command, Environmental Affairs 
Division; the U.S. Fish and Wildlife Service New Jersey Field office; 
and the State of New Jersey Department of Environmental Protection 
(NJDEP).
    In accordance with Section 106 of the National Historic 
Preservation Act, the NRC staff contacted the Environmental Affairs 
Division of the Department of the Army, Installation Management 
Command. In a response letter dated February 1, 2016 (ADAMS Accession 
No. ML16060A404), the Environmental Affairs Division, on the basis of 
current information, indicated that surrounding, above ground, 
structures of age for historic assessment have been determined to not 
be eligible for listing on the National Register of Historic Places 
(NRHP) and that the likelihood of encountering and impacting below 
ground cultural resources, such as archaeological materials and 
property, is low. The above ground structures are considered equipment 
and are used as blast and exhaust deflectors and/or explosive barriers 
and therefore are not real property under NRHP assessments. 
Archaeological artifacts are not likely to be identified because Area 
1222 is previously disturbed due to the munitions testing. However, the 
Environmental Affairs Division also indicated that cultural resources 
potentially eligible for the NRHP could be encountered and impacted 
because the depth of the excavations, as described in the 
decommissioning plan, will go below four feet, which is the depth to 
which munitions were buried. Because of the potential impact on 
cultural resources, ARDEC will stop the project if cultural/
archaeological resources are discovered in Area 1222 so the 
Environmental Affairs Division can determine the significance of the 
identified resources.
    In accordance with Section 7 of the Endangered Species Act, the NRC 
staff contacted the Environmental Affairs Division of the Department of 
the Army, Installation Management Command. (U.S. NRC email to 
Department of the Army dated December 2, 2014 (ADAMS Accession No. 
ML14357A609)). In a response letter dated February 1, 2016 (ADAMS 
Accession No. ML16060A404), the Environmental Affairs Division 
indicated, on the basis of current information, that three federally-
listed endangered species, two state-listed endangered species, and one 
additional state species may have potential habitats within the project 
boundary. The three federally-listed endangered species identified are: 
the Indiana Bat (IBAT--Myotis sodalist); Northern Long-eared Bat 
(NLEB--Myotis septentrionalis); and the Bog Turtle (Gyptemys 
muhlenbergii). Since there will be no impacts to any vegetation (such 
as trees), there will be no impacts to the two federally-listed bat 
species. The Bog Turtle could be potentially impacted because the 
reptile could be in or around Area 1222 during the summer months. The 
two state-listed endangered species identified are: the Timber 
Rattlesnake (Crotalus horridus) and the Wood Turtle (Glyptemys 
insculpta). Both reptiles could be in the project area during the 
summer months; the rattlesnake lives near rocks and the turtle lives 
along Gorge Road and along the banks of Green Pond Brook. The last 
State species, which is not listed as endangered or threatened, is the 
Eastern Small-footed Bat (Myotis leibii). Although, this species is not 
listed as either endangered or threatened, there is a remote chance 
that this bat could be using the rip-rap hillside above the open 
detonation pit as a diurnal roost site and could be encountered in Area 
1222. If any of the above species are encountered or observed in Area 
1222, ARDEC stated it will stop the project so the Environmental 
Affairs Division can determine significance of the presence of the 
identified species.
    Based upon the above, the NRC staff also contacted the U.S. Fish & 
Wildlife Service, New Jersey Field office, for consultation and 
concurrence on the rare, threatened or endangered species that were 
identified by the Army's Environmental Affairs Division and could be 
present in the vicinity of the site (U.S. NRC email to U.S. Fish & 
Wildlife dated August 10, 2016 (ADAMS Accession No. ML16246A209)). In 
an email dated September 1, 2016 (ADAMS Accession No. ML16244A708), a 
representative of the U.S. Fish & Wildlife Service New Jersey Field 
office agreed with the conclusions of this EA that the proposed action 
would not result in impacts to endangered and threatened species and to 
cultural/archaeological resources.
    On August 23, 2016, the NRC staff provided a draft of this EA to 
the NJDEP for comment. In an email dated September 6, 2016 (ADAMS 
Accession No. ML16250A386), a representative of the NJDEP agreed with 
the conclusions of this EA.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA as part of its review of the 
requested license amendment for decommissioning the ARDEC's Area 1222 
on the Picatinny Arsenal site, Picatinny, New Jersey to reduce residual 
radioactivity to levels consistent with the release criteria for 
unrestricted use. On the basis of this EA, the NRC staff finds that 
there are no significant environmental impacts from the proposed 
amendment action, and that preparation of an environmental impact 
statement is not warranted. Accordingly, the NRC staff has determined 
that a FONSI is appropriate.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

----------------------------------------------------------------------------------------------------------------
                   Document                          ADAMS Accession No./Web link/Federal Register Citation
----------------------------------------------------------------------------------------------------------------
New World Technology, Final Report,             ML090820710
 Radiological Surveys and Sampling, Area 1222,
 ARDEC Picatinny Arsenal NJ, Revision 1,
 January 30, 2006.
New World Technology, Final Report,             ML062840662
 Radiological Remediation/Release Surveys and
 Sampling Project, Revision 4, September 27,
 2006.
Department of the Army, Final Report on         ML062910337
 Radiological Surveys and Support, Revision 3,
 dated July 21, 2006.
Department of the Army, Picatinny Arsenal       ML090820710
 Radiological Remediation/Release Surveys &
 Sampling Project, USA 99-109, Revision 1,
 dated January 30, 2006.
Department of the Army, Picatinny Arsenal       ML061510185
 Radiological Remediation/Release Surveys &
 Sampling Project, USA 99-109, Revision 3,
 dated January 30, 2006.
Letter dated October 19, 2011.................  ML112930069
Department of the Army, License Renewal         ML113140090
 Amendment 31, Control No. 575463, dated
 November 10, 2011.

[[Page 3819]]

 
Department of the Army, License Renewal         ML113140075
 Letter, Control No. 575463, dated November
 10, 2011.
Request for Comment on Plan to Release Area     ML14078A564
 1222, letter dated July 23, 2013.
Department of the Army, email dated October     ML13310B506
 31, 2013: Re: Additional Response to Request
 for Additional Information Regarding Plan to
 Release Area 1222.
Department of the Army, Acknowledgement of      ML13310B861
 Receipt of MARSSIM Final Status Survey and
 Sampling Work Plan, dated November 4, 2013.
Department of the Army, email dated January     ML14041A364
 28, 2014, Request for Additional Information.
Department of the Army, letter dated February   ML14258A062
 21, 2014, Re: Response to Comments on Plan to
 Release Area 1222.
Department of the Army, emails dated February   ML14062A097
 26, 2014 and January 28, 2014, Re: Request
 for Additional Information.
Department of the Army, email dated March 20,   ML14080A210
 2014, Re: Follow up and 2nd Deficiency
 Request.
Federal Register Notice (79 FR 18934-18936)     ML14058A702
 for Department of Army Picatinny Arsenal,
 Opportunity to Provide Comments, Request a
 Hearing and to Petition for leave to
 Intervene, dated March 27, 2014.
Response to NRC Request for Additional          ML14122A099
 Information; Area 1222 Radiological Release,
 letter dated April 11, 2014.
R. Lamoreaux Letter Re: DandD Code              ML14161A038
 Transmittal, letter dated June 9, 2014.
Department of the Army, email dated June 10,    ML14177A375
 2014, Re: Deficiency Response Update.
Department of the Army, Deficiency Response,    ML14205A271
 letter dated July 10, 2014.
Department of the Army; Email dated December    ML14357A609
 02, 2014, Re: Deficiency Request for NEPA
 Compliance and Section 106 Review(s)
 Concerning the Dept. of the Army, ARDEC,
 Picatinny Arsenal, NJ Decommissioning Plan.
Department of the Army, Request for Additional  ML15188A078
 Information Concerning NRC License
 Application, letter dated June 10, 2015.
Department of the Army, Memorandum dated 9      ML15222A258
 July 2015, Received in LAT on July 24, 2015,
 Subject: Response to NRC Request for
 Additional Information dated 10 June 2015;
 Area 1222 Radiological Release.
Department of the Army, Telephone Conversation  ML15239A789
 Record dated August 10, 2015, Deficiency
 Response to NRC Request for Additional
 Information, (Revised Decommissioning Plan
 Attachments 1 and 2).
Endangered Species Review in Support of the     ML16060A404
 Proposed Gorge Radiological Release Project
 dated February 1, 2016.
Record of Historic Property Consideration,      ML16060A403
 Department of the Army Installation
 Management Command headquarters, United
 States Army Garrison, Picatinny, Picatinny
 Arsenal, New Jersey 07806-5000, dated
 February 2, 2016.
U.S. NRC email to U.S. Fish & Wildlife Service  ML16246A209
 dated August 10, 2016.
The U.S. Fish & Wildlife Service letter dated   ML16244A708
 August 29, 2016.
State of New Jersey Department of               ML16250A386
 Environmental Protection--email dated
 September 1, 2016.
Federal Register Notice, Volume 65, No. 114,    ML003721257
 page 37186, dated Tuesday, June 13, 2000,
 ``Use of Screening Values to Demonstrate
 Compliance with the Federal Rule on
 Radiological Criteria for License
 Termination.''.
Title 10 Code of Federal Regulations, part 20,  http://www.nrc.gov/reading-rm/adams.html
 subpart E, ``Radiological Criteria for
 License Termination.''.
Title 10 of the Code of Federal Regulations,    http://www.nrc.gov/reading-rm/adams.html
 part 40, ``Domestic Licensing of Source
 Material.''.
Title 10 of the Code of Federal Regulations,    http://www.nrc.gov/reading-rm/adams.html
 part 51, ``Environmental Protection
 Regulations for Domestic Licensing and
 Related Regulatory Functions.''.
NUREG-1496, ``Generic Environmental Impact      http://www.nrc.gov/reading-rm/adams.html
 Statement in Support of Rulemaking on
 Radiological Criteria for License Termination
 of NRC-Licensed Nuclear Facilities.''.
----------------------------------------------------------------------------------------------------------------


    Dated at King of Prussia, Pennsylvania, this 27th day of 
December 2016.
    For the Nuclear Regulatory Commission.
Raymond J. Powell,
Chief, Decommissioning and Technical Support Branch, Division of 
Nuclear Materials Safety, Region I.
[FR Doc. 2017-00526 Filed 1-11-17; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices 3817

quantities of depleted uranium and be conducted. The NRC regulations in additional non-radiological impacts
radium, specifically, the 10 CFR 40.42, in part, require a were identified. A beneficial
demilitarization of excess, decommissioning plan to be submitted environmental impact of the proposed
unserviceable, or obsolete conventional and approved prior to the initiation of action is that there will no longer be
munitions and explosives. Materials decommissioning if the procedures and depleted uranium contamination to the
that are treated by open detonation at activities necessary to carry out soil in Area 1222 because the depleted
the arsenal include items such as small decontamination of an area could uranium contamination would be
arms ammunition, land mines, mortars, increase potential health and safety removed.
bombs, fuses, detonators and other types impacts to workers or the public. The In the Decommissioning Plan, the
of ordnance. The open detonation pit proposed action would allow the ARDEC states that they would
was subdivided into two areas: The ARDEC to remove any remaining implement controls and perform
interior area, which is within the berm radioactive material in Area 1222 to radiological sampling and analysis to
area (approximately 1,800 square feet ultimately meet the criteria for release limit the potential release of radioactive
(ft2)), and the exterior area, which for unrestricted use as described in 10 material. Contamination controls, such
includes the area outside of the berm CFR part 20, subpart E, ‘‘License as the use of covers for loaded
area (approximately 21,200 ft2). The Termination Criteria’’ following containers or vehicles, or water sprays
hillside area is approximately 17,222 ft2. decommissioning. for dust control, will be implemented
The total area boundary of Area 1222 is during decommissioning activities to
Environmental Impacts of the Proposed
approximately 40,222 ft2. There are prevent airborne contamination from
Action
numerous structures in and around the escaping the remediation work areas;
open detonation pit exterior area. The A historical review of licensed
therefore, no significant release of
largest structure is a blast shield which activities conducted in Area 1222 shows
airborne contamination is anticipated.
has a total surface area of 38 square that such activities involved use of
Air sampling and analysis will be
meters and is constructed of steel. There depleted uranium and radium. The
conducted to ensure regulatory criteria
are no contaminated systems or ARDEC proposes to conduct
are met for air effluents. No liquid
equipment on the site. radiological surveys and subsequent
effluents are expected to be generated
In the late 1990’s, ARDEC determined excavation, decontamination, and
during decommissioning. Controls, such
that Area 1222 was no longer required disposal of licensed radioactive material
as silt fences and water diversion berms
for licensed activities and initiated a identified within Area 1222. Following
completion of these activities, the will be put in place to control water
survey and decontamination program.
ARDEC would conduct a final status inflow or runoff due to precipitation.
In 2011, ARDEC submitted an
survey of the area. The ARDEC proposes Any radioactive waste generated will be
amendment application to renew their
to undertake this effort in accordance placed in suitable transport containers
NRC Source Material License (SUB–
with the guidance contained in the that will be covered and staged within
348). The request noted that Area 1222
‘‘Multi-Agency Radiation Survey and the property pending shipment to a
was considered potentially
Site Investigation Manual (MARSSIM),’’ licensed radioactive waste treatment or
radiologically contaminated with
NUREG–1575, Rev. 1 (ADAMS disposal facility.
depleted uranium, and possibly with
fragments of luminescent gauges or dials Accession No. ML082470583). The final The ARDEC intends to use a
containing radium from past limited determination that the site area meets contractor to perform remediation
research and development testing the radiological criteria for release for activities at Area 1222. The contractor
operations at the site. The request also unrestricted use would be contingent will perform these activities under the
included provisions for conducting upon the NRC staff’s approval of the authority of its NRC license. The
minor surficial soil remediation if soil licensee’s final status survey report. ARDEC will oversee the activities and
contamination is identified above the The NRC staff has reviewed the will maintain primary responsibility for
criteria identified for cleanup. In a letter decommissioning plan for ARDEC’s the decommissioning project. As noted,
dated July 23, 2013 (ADAMS Accession Area 1222 site and examined the the ARDEC has prepared a
No. ML14078A564), ARDEC submitted a impacts of decontamination activities. decommissioning plan describing the
license amendment request and Based on its review, the staff has work to be performed, and, work
proposed decommissioning plan for determined that the affected activities are not anticipated to result in
Area 1222. In the proposed environment and the environmental a dose to workers or the public in excess
decommissioning plan, the ARDEC impacts associated with this of the limits in 10 CFR part 20,
provided information regarding the decommissioning action are bounded by ‘‘Standards for Protection Against
previous characterization and information contained in the ‘‘Generic Radiation,’’ consistent with
remediation surveys, and a plan for the Environmental Impact Statement (GEIS) decommissioning activities at similar
radiological survey and subsequent in Support of Rulemaking on sites.
excavation, decontamination, and Radiological Criteria for License Alternatives to the Proposed Action
proper disposal of licensed radioactive Termination of NRC-Licensed Nuclear
material identified within Area 1222. Facilities,’’ NUREG–1496, Vols. 1, 2 and The only alternative the NRC staff
The ARDEC also provided information 3 (ADAMS Accession Nos. considered is the no-action alternative,
to the NRC stating that after ML042310492, ML042320379, and under which the staff would deny the
decommissioning, Area 1222 would ML042330385, respectively). amendment request to initiate
The NRC staff determined that the remediation activities at Area 1222.
mstockstill on DSK3G9T082PROD with NOTICES

meet the criteria for release for
unrestricted use as described in 10 CFR contaminants, the potential dose Denying the amendment request would
part 20, subpart E, ‘‘License scenarios or pathways, the physical size result in no decontamination at the site,
Termination Criteria.’’ of the area, and the volumes of waste leaving residual contamination. The
expected to be generated are similar to environmental impacts of the no-action
Need for the Proposed Action those in the GEIS reference facilities, alternative are greater than the proposed
The current ARDEC license does not and do not change conclusions action, therefore no-action alternative is
authorize decontamination activities to regarding environmental impacts. No accordingly not further considered.

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3818 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices

Agencies and Persons Contacted In accordance with Section 7 of the Based upon the above, the NRC staff
Endangered Species Act, the NRC staff also contacted the U.S. Fish & Wildlife
The NRC staff prepared this EA with contacted the Environmental Affairs Service, New Jersey Field office, for
input from the Department of the Army, Division of the Department of the Army, consultation and concurrence on the
Installation Management Command, Installation Management Command. rare, threatened or endangered species
Environmental Affairs Division; the U.S. (U.S. NRC email to Department of the that were identified by the Army’s
Fish and Wildlife Service New Jersey Army dated December 2, 2014 (ADAMS Environmental Affairs Division and
Field office; and the State of New Jersey Accession No. ML14357A609)). In a could be present in the vicinity of the
Department of Environmental Protection response letter dated February 1, 2016 site (U.S. NRC email to U.S. Fish &
(NJDEP). (ADAMS Accession No. ML16060A404), Wildlife dated August 10, 2016
In accordance with Section 106 of the the Environmental Affairs Division (ADAMS Accession No.
National Historic Preservation Act, the indicated, on the basis of current ML16246A209)). In an email dated
NRC staff contacted the Environmental information, that three federally-listed September 1, 2016 (ADAMS Accession
Affairs Division of the Department of endangered species, two state-listed No. ML16244A708), a representative of
the Army, Installation Management endangered species, and one additional the U.S. Fish & Wildlife Service New
Command. In a response letter dated state species may have potential habitats Jersey Field office agreed with the
February 1, 2016 (ADAMS Accession within the project boundary. The three
conclusions of this EA that the proposed
No. ML16060A404), the Environmental federally-listed endangered species
action would not result in impacts to
Affairs Division, on the basis of current identified are: the Indiana Bat (IBAT—
endangered and threatened species and
information, indicated that surrounding, Myotis sodalist); Northern Long-eared
Bat (NLEB—Myotis septentrionalis); and to cultural/archaeological resources.
above ground, structures of age for
the Bog Turtle (Gyptemys On August 23, 2016, the NRC staff
historic assessment have been
muhlenbergii). Since there will be no provided a draft of this EA to the NJDEP
determined to not be eligible for listing
impacts to any vegetation (such as for comment. In an email dated
on the National Register of Historic
trees), there will be no impacts to the September 6, 2016 (ADAMS Accession
Places (NRHP) and that the likelihood of
two federally-listed bat species. The Bog No. ML16250A386), a representative of
encountering and impacting below
Turtle could be potentially impacted the NJDEP agreed with the conclusions
ground cultural resources, such as because the reptile could be in or of this EA.
archaeological materials and property, is around Area 1222 during the summer
low. The above ground structures are months. The two state-listed endangered III. Finding of No Significant Impact
considered equipment and are used as species identified are: the Timber
blast and exhaust deflectors and/or The NRC staff has prepared this EA as
Rattlesnake (Crotalus horridus) and the part of its review of the requested
explosive barriers and therefore are not Wood Turtle (Glyptemys insculpta).
real property under NRHP assessments. license amendment for
Both reptiles could be in the project area decommissioning the ARDEC’s Area
Archaeological artifacts are not likely to during the summer months; the
be identified because Area 1222 is 1222 on the Picatinny Arsenal site,
rattlesnake lives near rocks and the Picatinny, New Jersey to reduce residual
previously disturbed due to the turtle lives along Gorge Road and along
munitions testing. However, the radioactivity to levels consistent with
the banks of Green Pond Brook. The last
Environmental Affairs Division also the release criteria for unrestricted use.
State species, which is not listed as
indicated that cultural resources On the basis of this EA, the NRC staff
endangered or threatened, is the Eastern
potentially eligible for the NRHP could finds that there are no significant
Small-footed Bat (Myotis leibii).
be encountered and impacted because Although, this species is not listed as environmental impacts from the
the depth of the excavations, as either endangered or threatened, there is proposed amendment action, and that
described in the decommissioning plan, a remote chance that this bat could be preparation of an environmental impact
will go below four feet, which is the using the rip-rap hillside above the open statement is not warranted.
depth to which munitions were buried. detonation pit as a diurnal roost site and Accordingly, the NRC staff has
Because of the potential impact on could be encountered in Area 1222. If determined that a FONSI is appropriate.
cultural resources, ARDEC will stop the any of the above species are IV. Availability of Documents
project if cultural/archaeological encountered or observed in Area 1222,
resources are discovered in Area 1222 ARDEC stated it will stop the project so The documents identified in the
so the Environmental Affairs Division the Environmental Affairs Division can following table are available to
can determine the significance of the determine significance of the presence interested persons through one or more
identified resources. of the identified species. of the following methods, as indicated.

ADAMS Accession No./Web link/Federal Reg-
Document ister Citation

New World Technology, Final Report, Radiological Surveys and Sampling, Area 1222, ML090820710
ARDEC Picatinny Arsenal NJ, Revision 1, January 30, 2006.
New World Technology, Final Report, Radiological Remediation/Release Surveys and Sam- ML062840662
pling Project, Revision 4, September 27, 2006.
Department of the Army, Final Report on Radiological Surveys and Support, Revision 3, ML062910337
mstockstill on DSK3G9T082PROD with NOTICES

dated July 21, 2006.
Department of the Army, Picatinny Arsenal Radiological Remediation/Release Surveys & ML090820710
Sampling Project, USA 99–109, Revision 1, dated January 30, 2006.
Department of the Army, Picatinny Arsenal Radiological Remediation/Release Surveys & ML061510185
Sampling Project, USA 99–109, Revision 3, dated January 30, 2006.
Letter dated October 19, 2011 ..................................................................................................... ML112930069
Department of the Army, License Renewal Amendment 31, Control No. 575463, dated No- ML113140090
vember 10, 2011.

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Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices 3819

ADAMS Accession No./Web link/Federal Reg-
Document ister Citation

Department of the Army, License Renewal Letter, Control No. 575463, dated November 10, ML113140075
2011.
Request for Comment on Plan to Release Area 1222, letter dated July 23, 2013 ..................... ML14078A564
Department of the Army, email dated October 31, 2013: Re: Additional Response to Request ML13310B506
for Additional Information Regarding Plan to Release Area 1222.
Department of the Army, Acknowledgement of Receipt of MARSSIM Final Status Survey and ML13310B861
Sampling Work Plan, dated November 4, 2013.
Department of the Army, email dated January 28, 2014, Request for Additional Information .... ML14041A364
Department of the Army, letter dated February 21, 2014, Re: Response to Comments on Plan ML14258A062
to Release Area 1222.
Department of the Army, emails dated February 26, 2014 and January 28, 2014, Re: Request ML14062A097
for Additional Information.
Department of the Army, email dated March 20, 2014, Re: Follow up and 2nd Deficiency Re- ML14080A210
quest.
FEDERAL REGISTER Notice (79 FR 18934–18936) for Department of Army Picatinny Arsenal, ML14058A702
Opportunity to Provide Comments, Request a Hearing and to Petition for leave to Inter-
vene, dated March 27, 2014.
Response to NRC Request for Additional Information; Area 1222 Radiological Release, letter ML14122A099
dated April 11, 2014.
R. Lamoreaux Letter Re: DandD Code Transmittal, letter dated June 9, 2014 .......................... ML14161A038
Department of the Army, email dated June 10, 2014, Re: Deficiency Response Update .......... ML14177A375
Department of the Army, Deficiency Response, letter dated July 10, 2014 ................................ ML14205A271
Department of the Army; Email dated December 02, 2014, Re: Deficiency Request for NEPA ML14357A609
Compliance and Section 106 Review(s) Concerning the Dept. of the Army, ARDEC,
Picatinny Arsenal, NJ Decommissioning Plan.
Department of the Army, Request for Additional Information Concerning NRC License Appli- ML15188A078
cation, letter dated June 10, 2015.
Department of the Army, Memorandum dated 9 July 2015, Received in LAT on July 24, 2015, ML15222A258
Subject: Response to NRC Request for Additional Information dated 10 June 2015; Area
1222 Radiological Release.
Department of the Army, Telephone Conversation Record dated August 10, 2015, Deficiency ML15239A789
Response to NRC Request for Additional Information, (Revised Decommissioning Plan At-
tachments 1 and 2).
Endangered Species Review in Support of the Proposed Gorge Radiological Release Project ML16060A404
dated February 1, 2016.
Record of Historic Property Consideration, Department of the Army Installation Management ML16060A403
Command headquarters, United States Army Garrison, Picatinny, Picatinny Arsenal, New
Jersey 07806–5000, dated February 2, 2016.
U.S. NRC email to U.S. Fish & Wildlife Service dated August 10, 2016 .................................... ML16246A209
The U.S. Fish & Wildlife Service letter dated August 29, 2016 ................................................... ML16244A708
State of New Jersey Department of Environmental Protection—email dated September 1, ML16250A386
2016.
FEDERAL REGISTER Notice, Volume 65, No. 114, page 37186, dated Tuesday, June 13, 2000, ML003721257
‘‘Use of Screening Values to Demonstrate Compliance with the Federal Rule on Radio-
logical Criteria for License Termination.’’.
Title 10 Code of Federal Regulations, part 20, subpart E, ‘‘Radiological Criteria for License http://www.nrc.gov/reading-rm/adams.html
Termination.’’.
Title 10 of the Code of Federal Regulations, part 40, ‘‘Domestic Licensing of Source Mate- http://www.nrc.gov/reading-rm/adams.html
rial.’’.
Title 10 of the Code of Federal Regulations, part 51, ‘‘Environmental Protection Regulations http://www.nrc.gov/reading-rm/adams.html
for Domestic Licensing and Related Regulatory Functions.’’.
NUREG–1496, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radi- http://www.nrc.gov/reading-rm/adams.html
ological Criteria for License Termination of NRC-Licensed Nuclear Facilities.’’.

Dated at King of Prussia, Pennsylvania, this OVERSEAS PRIVATE INVESTMENT present views regarding the activities of
27th day of December 2016. CORPORATION the Corporation.
For the Nuclear Regulatory Commission.
PROCEDURES: Individuals wishing to
Raymond J. Powell, Sunshine Act: OPIC Annual Public address the hearing orally must provide
Chief, Decommissioning and Technical Hearing advance notice to OPIC’s Corporate
Support Branch, Division of Nuclear Secretary no later than 5 p.m. Friday,
Materials Safety, Region I. TIME AND DATE: 1 p.m., Wednesday,
March 8, 2017. February 24, 2017. The notice must
[FR Doc. 2017–00526 Filed 1–11–17; 8:45 am] include the individual’s name, title,
mstockstill on DSK3G9T082PROD with NOTICES

PLACE: Offices of the Corporation, organization, address, email, telephone
BILLING CODE 7590–01–P
Twelfth Floor Board Room, 1100 New number, and a concise summary of the
York Avenue NW., Washington, DC. subject matter to be presented.
STATUS: Hearing OPEN to the Public at Oral presentations may not exceed ten
1 p.m. (10) minutes. The time for individual
PURPOSE: Annual Public Hearing to presentations may be reduced
afford an opportunity for any person to proportionately, if necessary, to afford

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Document Created: 2017-03-21 14:40:05
Document Modified: 2017-03-21 14:40:05
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Environmental assessment and finding of no significant impact; issuance.
Dates		The Environmental assessment and finding of no significant impact referenced in this document is available on January 12, 2017.
Contact		Laurie A. Kauffman, Division of Nuclear Materials Safety, Region I, U.S. Nuclear Regulatory Commission, King of Prussia, PA 19406; telephone: 610-337-5323; email: [email protected]
FR Citation		82 FR 3816