Notice of Environmental Assessment Related to the Issuance of a License Termination Amendment to Byproduct Material License No. 22-00027-06, for St. Mary's University of Minnesota, Winona, MN, 57331-57333 [05-19647]

Download as PDF Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices utilize the alternate source term as allowed in Title 10 of the Code of Federal Regulations, part 50, section 67 for reanalysis of the radiological consequences of the Updated Final Safety Analysis Report Chapter 15 accidents for St. Lucie Unit 2. The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the Federal Register on October 28, 2003 (68 FR 61479). The Commission approved portions of the requested amendment as part of Amendment 138 to Facility Operating License No. NPF– 16 on January 31, 2005. The Notice of Issuance was published in the Federal Register on February 15, 2005 (70 FR 7772). However, by letter dated August 11, 2005, the licensee withdrew the remaining portions of the proposed change that had not been approved in Amendment 138. For further details with respect to this action, see the application for amendment dated September 18, 2003, and the licensee’s letter dated August 11, 2005, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, http://www.nrc.gov/reading-rm/ adams/html. 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 Rockville, Maryland, this 22nd day of September 2005. For the Nuclear Regulatory Commission. Brendan T. Moroney, Project Manager, Section 2, Project Directorate II, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5–5329 Filed 9–29–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–335] Florida Power And Light Company; Notice of Withdrawal of Application for Amendment to Facility Operating License The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of Florida Power and Light Company (the licensee) to withdraw its September 18, 2003, application for a proposed amendment to Facility Operating License No. DPR– 67 for the St. Lucie Plant, Unit No. 1, located in St. Lucie County, Florida. The proposed amendment would have revised the licensing bases to utilize the alternate source term as allowed in Title 10 of the Code of Federal Regulations, part 50, section 67 for reanalysis of the radiological consequences of the Updated Final Safety Analysis Report Chapter 15 accidents for St. Lucie Unit 1. The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the Federal Register on October 28, 2003 (68 FR 61477). However, by letter dated August 11, 2005, the licensee withdrew the proposed change. For further details with respect to this action, see the application for amendment dated September 18, 2003, and the licensee’s letter dated August 11, 2005, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, http://www.nrc.gov/reading-rm/ adams/html. 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 Rockville, Maryland, this 22nd day of September 2005. VerDate Aug<31>2005 16:14 Sep 29, 2005 Jkt 205001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 57331 For the Nuclear Regulatory Commission. Brendan T. Moroney, Project Manager, Section 2, Project Directorate II, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5–5330 Filed 9–29–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 030–11241] Notice of Environmental Assessment Related to the Issuance of a License Termination Amendment to Byproduct Material License No. 22–00027–06, for St. Mary’s University of Minnesota, Winona, MN Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. AGENCY: FOR FURTHER INFORMATION CONTACT: George M. McCann, Senior Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532–4352; telephone: (630) 829–9856; or by email at gmm@nrc.gov. SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of an amendment to NRC Materials License No. 22–00027–06, which would terminate St. Mary’s University of Minnesota’s NRC Byproduct Material License. The NRC has prepared an Environmental Assessment in support of this action in accordance with the requirements of 10 CFR Part 51. Based on the Environmental Assessment, the NRC has determined that a Finding of No Significant Impact is appropriate. The amendment terminating St. Mary’s University of Minnesota’s license will be issued following the publication of this Environmental Assessment and Finding of No Significant Impact. I. Environmental Assessment Identification of Proposed Action The proposed action would approve the licensee’s request to terminate its license and release the site for unrestricted use in accordance with 10 CFR Part 20, Subpart E. The proposed action is in accordance with St. Mary’s University of Minnesota’s request to the U.S. Nuclear Regulatory Commission (NRC) to terminate its NRC Byproduct E:\FR\FM\30SEN1.SGM 30SEN1 57332 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices Material License by letters dated January 10, 2005 (ADAMS Accession No. ML050140064), and July 18, 2005 (ADAMS Accession No. ML052290386). St. Mary’s University of Minnesota was licensed during the late 1950s by the U.S. Atomic Energy Commission by License Numbers 22–27–03D60, 22–27– 04C65, and 22–00027–05, to use byproduct materials such as phosphorus-32, carbon-14, hydrogen-3, cesium-137, strontium-90, and other similar radiological materials for university laboratory research and student classroom instruction. These licenses were subsequently terminated and superceded by NRC License No. 22– 00027–06, issued to the university on May 19, 1975. The university used the byproduct material in research laboratories, student classrooms, and radiological material preparation and storage areas located in the university’s Brothers Charles and Hoffman Halls, located on its Winona Campus. The isotopes were used by authorized academic staff for research applications, and for the instruction of university students in related sciences. The radioisotopes were used and disposed in accordance with AEC/NRC regulations and license conditions. The disposal included one September 17, 1977, onsite burial of a small quantity of strontium-90 and cobalt-60, which was authorized pursuant to Title 10, Code of Federal Regulations (CFR), Part 20, Section 20.304 (rescinded in 1981). The licensee requested that the NRC approve the termination of the university’s NRC Byproduct Material License, which would authorize the unrestricted use of research laboratories, student classrooms, radioisotope storage and preparation areas, and the former burial area, all located on St. Mary’s of Minnesota’s, Winona, Minnesota campus. The licensee conducted surveys of the facility and provided this information to the NRC to demonstrate that the radiological conditions of the laboratories, former preparation and storage areas, and classrooms located in Brothers Charles and Hoffman Halls, and the former burial area is consistent with radiological criteria for unrestricted use in 10 CFR Part 20, Subpart E. No radiological remediation activities are required to complete the proposed action. The NRC completed a closeout inspection and survey of the licensee’s facilities on August 17, 2005, NRC Inspection Report No. 030–11241/ 05–001(DNMS) (ADAMS Accession No. ML052340785) to conduct independent radiological surveys and to verify the licensee’s survey findings. VerDate Aug<31>2005 16:14 Sep 29, 2005 Jkt 205001 Need for the Proposed Action The licensee is requesting this license amendment because it no longer plans to conduct NRC-licensed activities at St. Mary’s University of Minnesota. The NRC is fulfilling its responsibilities under the Atomic Energy Act to make a decision on the proposed action for decommissioning that ensures that residual radioactivity is reduced to a level that is protective of the public health and safety and the environment. Environmental Impacts of the Proposed Action The NRC staff reviewed the information provided and surveys performed by St. Mary’s University of Minnesota to demonstrate that the release of the university’s facilities located at its Winona, Minnesota campus are consistent with the radiological criteria for unrestricted use specified in 10 CFR 20.1402. The NRC performed a closeout inspection and survey to confirm the university’s findings. The NRC staff also evaluated the 10 CFR 20.304 burial using the Argonne National Laboratories’ dose modeling program, RESRAD Version 6, and determined that the annual dose as a result of the burial is less than 1 millirem per year (mrem/yr), which is below the limit in 10 CFR 20.1402 of 25 mrem/yr for unrestricted use. Based on its review, the staff determined that the radiological environmental impacts from the proposed action for university buildings are bounded by the ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG– 1496). Additionally, no non-radiological or cumulative impacts were identified. Therefore, the NRC has determined that the proposed action will not have a significant effect on the quality of the human environment. Alternatives to the Proposed Action The only alternative to the proposed action of releasing the university’s facilities for unrestricted use is to take no action. Under the no-action alternative, the university’s facilities would remain under an NRC license and would not be released for unrestricted use. Denial of the license amendment request would result in no change to current conditions at the university. The no-action alternative is not acceptable because it is inconsistent with the NRC’s Timeliness Rule, 10 CFR Part 30.36 ‘‘Expiration and Termination of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 Areas,’’ which requires licensees who have ceased licensed activities to request termination of their radioactive material license. This alternative also would impose an unnecessary regulatory burden and limit potential benefits from future use of the university’s facilities. Conclusion The NRC staff concluded that the proposed action is consistent with the NRC unrestricted release criteria specified in 10 CFR Part 20, Subpart E, Section 20.1402, ‘‘Radiological Criteria for Unrestricted Use.’’ 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 The NRC staff has determined that the proposed action will not affect listed species or critical habitats. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. Likewise, the NRC staff has determined that the proposed action is not a type of activity that has potential to cause effect on historic properties. Therefore, consultation under Section 106 of the National Historic Preservation Act is not required. The NRC consulted with the Minnesota Department of Health. The Minnesota Department of Health, Radiation Control Unit, was provided the draft EA for comment on August 22, 2005. The State responded to the NRC by letter dated September 7, 2005, indicating, ‘‘The Minnesota Department of Health (MDH) has reviewed the U.S. Nuclear Regulatory Commission’s closeout inspection report for St. Mary’s University of Minnesota. In addition, MDH has discussed the findings with NRC Region III staff. Based on a review of the closeout inspection report and our additional discussions, MDH has no comments or concerns.’’ II. Finding of No Significant Impact On the basis of the EA in support of the proposed license amendment to release the site for unrestricted use, the NRC has determined that the proposed action will not have a significant effect on the quality of the human environment. Thus, the NRC has determined not to prepare an environmental impact statement for the proposed action. Further Information A copy of this document will be available electronically for public inspection in the NRC Public Document E:\FR\FM\30SEN1.SGM 30SEN1 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices Room or from the Publicly Available Records (PARS) component of the NRC’s document system. 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 following references are available for inspection at NRC’s Public Electronic Reading Room at http:// www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). 1. Rademacher, Brother Jerome, Chairman, Department of Physics, Radiation Safety Officer, St. Mary’s University of Minnesota, January 10, 2005 letter to the NRC (ML050140064). 2. Rademacher, Brother Jerome, Chairman, Department of Physics, Radiation Safety Officer, St. Mary’s University of Minnesota, July 18, 2005 letter to the NRC (ML052290386). 3. U.S. Nuclear Regulatory Commission, ‘‘Environmental Review Guidance for Licensing Actions Associated with NMSS Programs,’’ NUREG–1748, August 2003. 4. NRC, NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance,’’ Volumes 1–3, September 2003. 5. Johns, Jr., George F., Supervisor, Radiation Control Unit, Minnesota Department of Health, September 7, 2005 letter to the NRC (ML052560161). 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 (800) 397–4209, (301) 415–4737 or by email to pdr@nrc.gov. 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 Lisle, Illinois, this 19th day of September 2005. For the Nuclear Regulatory Commission, Jamnes L. Cameron, Chief, Decommissioning Branch, Division of Nuclear Materials Safety Region III. [FR Doc. 05–19647 Filed 9–29–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Final Regulatory Guide: Issuance, Availability The U.S. Nuclear Regulatory Commission (NRC) has issued a revision to an existing guide in the agency’s Regulatory Guide Series. This series has been developed to describe and make available to the public such information VerDate Aug<31>2005 16:14 Sep 29, 2005 Jkt 205001 as methods that are acceptable to the NRC staff for implementing specific parts of the NRC’s regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 1 of Regulatory Guide 1.188, entitled ‘‘Standard Format and Content for Applications To Renew Nuclear Power Plant Operating Licenses,’’ describes a method that the NRC staff finds acceptable for complying with the agency’s regulatory requirements in Title 10, Part 54, of the Code of Federal Regulations (10 CFR part 54), ‘‘Requirements for Renewal of Operating Licenses for Nuclear Power Plants’’ (commonly known as the license renewal rule). Specifically, 10 CFR part 54 specifies the information that a nuclear power plant licensee must include in its application to renew an operating license issued by the NRC. The NRC initially issued Regulatory Guide 1.188 in July 2001, after soliciting and resolving public comments on three draft regulatory guides (DG–1104 in August 2000, DG–1047 in August 1996, and DG–1009 in December 1990). As such, Regulatory Guide 1.188 incorporated lessons learned from the review of license renewal applications and Owners Group topical report reviews. The guide also incorporated relevant information from development of the ‘‘Standard Review Plan for the Review of License Renewal Applications for Nuclear Power Plants’’ (SRP–LR) (NUREG–1800),1 and the ‘‘Generic Aging Lessons Learned (GALL) Report’’ (NUREG–1801),1 as well as a summary of public comments received on those documents (NUREG–1832, ‘‘Analysis of Public Comments on the Revised License Renewal Guidance Documents.’’) 2 1 Copies are available at current rates from the U.S. Government Printing Office, P.O. Box 37082, Washington, DC 20402–9328 (telephone (202) 512– 1800); or from the National Technical Information Service at 5285 Port Royal Road, Springfield, VA 22161; http://www.ntis.gov; or (703) 487–4650. Copies are available for inspection or copying for a fee from the NRC’s Public Document Room at 11555 Rockville Pike, Rockville, MD; the PDR’s mailing address is USNRC PDR, Washington, DC 20555; telephone (301) 415–4737 or (800) 397– 4209; fax (301) 415–3548; or e-mail PDR@nrc.gov. These documents are also available electronically through the NRC’s public Web site at http:// www.nrc.gov/reading-rm/doc-collections/nuregs/ staff/. 2 Copies are available at current rates from the U.S. Government Printing Office, P.O. Box 37082, Washington, DC 20402–9328 (telephone (202) 512– 1800); or from the National Technical Information Service at 5285 Port Royal Road, Springfield, VA 22161; http://www.ntis.gov; or (703) 487–4650. Copies are available for inspection or copying for a fee from the NRC’s Public Document Room at PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 57333 Since the NRC initially published Regulatory Guide 1.188 in July 2001, the staff proposed to update both the SRPLR (NUREG–1800) and the GALL Report (NUREG–1801). Consequently, the staff also decided to revise Regulatory Guide 1.188 to reflect the proposed updates to the guidance documents. Toward that end, the staff prepared Draft Regulatory Guide DG–1140, which also included a modification through which the NRC staff endorsed (with two exceptions) Revision 5 of NEI 95–10, ‘‘Industry Guideline for Implementing the Requirements of 10 CFR Part 54 ‘‘ The License Renewal Rule,’’ which the Nuclear Energy Institute (NEI) published in January 2005.3 Specifically, the staff took exception to the use of a portion of Appendix F to Revision 5 of NEI 95–10, from the unnumbered paragraph following paragraph 4.4 through the end of Section 4, ‘‘Non-Safety SSCs Directly Connected to Safety-Related SSCs.’’ In addition, the NRC staff took exception to the use of paragraph 5.2.3.1, ‘‘Exposure Duration.’’ The NRC staff then published a Federal Register notice (70 FR 5494) on February 2, 2005, to solicit stakeholder comments on Draft Regulatory Guide DG–1140 and/or Revision 5 of NEI 95– 10, and specifically on any inconsistency or incompatibility between the guidance in these documents and the NRC guidance set forth in NUREG–1800 and NUREG– 1801. Toward that end, the NRC also held a public workshop on March 2, 2005, to give participants an opportunity to ask questions, obtain further information, offer comments and opinions, and otherwise facilitate the formulation and preparation of written 11555 Rockville Pike, Rockville, MD; the PDR’s mailing address is USNRC PDR, Washington, DC 20555; telephone (301) 415–4737 or (800) 397– 4209; fax (301) 415–3548; or e-mail PDR@nrc.gov. These documents are also available electronically through the NRC’s public Web site at http:// www.nrc.gov/reading-rm/doc-collections/nuregs/ staff/. 3 Copies are available for inspection or copying for a fee from the NRC’s Public Document Room at 11555 Rockville Pike, Rockville, MD; the PDR’s mailing address is USNRC PDR, Washington, DC 20555; telephone (301) 415–4737 or (800) 397– 4209; fax (301) 415–3548; e-mail PDR@nrc.gov. Revision 5 of NEI 95–10 is also available through the NRC’s license renewal Web page at http:// www.nrc.gov/reactors/operating/licensing/renewal/ guidance.html#nuclear, and through the NRC’s Agencywide Documents Access and Management System (ADAMS) at http://www.nrc.gov/readingrm/adams.html, under Accession No. ML050280113. Note, however, that the NRC has temporarily limited public access to ADAMS so that the agency can complete security reviews of publicly available documents and remove potentially sensitive information. Please check the NRC’s Web site for updates concerning the resumption of public access to ADAMS. E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Pages 57331-57333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19647]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-11241]


Notice of Environmental Assessment Related to the Issuance of a 
License Termination Amendment to Byproduct Material License No. 22-
00027-06, for St. Mary's University of Minnesota, Winona, MN

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for License Amendment.

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

FOR FURTHER INFORMATION CONTACT: George M. McCann, Senior Health 
Physicist, Decommissioning Branch, Division of Nuclear Materials 
Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 
Warrenville Road, Lisle, Illinois 60532-4352; telephone: (630) 829-
9856; or by email at gmm@nrc.gov.

SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) 
is considering the issuance of an amendment to NRC Materials License 
No. 22-00027-06, which would terminate St. Mary's University of 
Minnesota's NRC Byproduct Material License. The NRC has prepared an 
Environmental Assessment in support of this action in accordance with 
the requirements of 10 CFR Part 51. Based on the Environmental 
Assessment, the NRC has determined that a Finding of No Significant 
Impact is appropriate. The amendment terminating St. Mary's University 
of Minnesota's license will be issued following the publication of this 
Environmental Assessment and Finding of No Significant Impact.

I. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve the licensee's request to 
terminate its license and release the site for unrestricted use in 
accordance with 10 CFR Part 20, Subpart E. The proposed action is in 
accordance with St. Mary's University of Minnesota's request to the 
U.S. Nuclear Regulatory Commission (NRC) to terminate its NRC Byproduct

[[Page 57332]]

Material License by letters dated January 10, 2005 (ADAMS Accession No. 
ML050140064), and July 18, 2005 (ADAMS Accession No. ML052290386). St. 
Mary's University of Minnesota was licensed during the late 1950s by 
the U.S. Atomic Energy Commission by License Numbers 22-27-03D60, 22-
27-04C65, and 22-00027-05, to use byproduct materials such as 
phosphorus-32, carbon-14, hydrogen-3, cesium-137, strontium-90, and 
other similar radiological materials for university laboratory research 
and student classroom instruction. These licenses were subsequently 
terminated and superceded by NRC License No. 22-00027-06, issued to the 
university on May 19, 1975.
    The university used the byproduct material in research 
laboratories, student classrooms, and radiological material preparation 
and storage areas located in the university's Brothers Charles and 
Hoffman Halls, located on its Winona Campus. The isotopes were used by 
authorized academic staff for research applications, and for the 
instruction of university students in related sciences. The 
radioisotopes were used and disposed in accordance with AEC/NRC 
regulations and license conditions. The disposal included one September 
17, 1977, onsite burial of a small quantity of strontium-90 and cobalt-
60, which was authorized pursuant to Title 10, Code of Federal 
Regulations (CFR), Part 20, Section 20.304 (rescinded in 1981).
    The licensee requested that the NRC approve the termination of the 
university's NRC Byproduct Material License, which would authorize the 
unrestricted use of research laboratories, student classrooms, 
radioisotope storage and preparation areas, and the former burial area, 
all located on St. Mary's of Minnesota's, Winona, Minnesota campus. The 
licensee conducted surveys of the facility and provided this 
information to the NRC to demonstrate that the radiological conditions 
of the laboratories, former preparation and storage areas, and 
classrooms located in Brothers Charles and Hoffman Halls, and the 
former burial area is consistent with radiological criteria for 
unrestricted use in 10 CFR Part 20, Subpart E. No radiological 
remediation activities are required to complete the proposed action. 
The NRC completed a closeout inspection and survey of the licensee's 
facilities on August 17, 2005, NRC Inspection Report No. 030-11241/05-
001(DNMS) (ADAMS Accession No. ML052340785) to conduct independent 
radiological surveys and to verify the licensee's survey findings.

Need for the Proposed Action

    The licensee is requesting this license amendment because it no 
longer plans to conduct NRC-licensed activities at St. Mary's 
University of Minnesota. The NRC is fulfilling its responsibilities 
under the Atomic Energy Act to make a decision on the proposed action 
for decommissioning that ensures that residual radioactivity is reduced 
to a level that is protective of the public health and safety and the 
environment.

Environmental Impacts of the Proposed Action

    The NRC staff reviewed the information provided and surveys 
performed by St. Mary's University of Minnesota to demonstrate that the 
release of the university's facilities located at its Winona, Minnesota 
campus are consistent with the radiological criteria for unrestricted 
use specified in 10 CFR 20.1402. The NRC performed a closeout 
inspection and survey to confirm the university's findings. The NRC 
staff also evaluated the 10 CFR 20.304 burial using the Argonne 
National Laboratories' dose modeling program, RESRAD Version 6, and 
determined that the annual dose as a result of the burial is less than 
1 millirem per year (mrem/yr), which is below the limit in 10 CFR 
20.1402 of 25 mrem/yr for unrestricted use.
    Based on its review, the staff determined that the radiological 
environmental impacts from the proposed action for university buildings 
are bounded 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 or cumulative impacts were identified. Therefore, the NRC 
has determined that the proposed action will not have a significant 
effect on the quality of the human environment.

Alternatives to the Proposed Action

    The only alternative to the proposed action of releasing the 
university's facilities for unrestricted use is to take no action. 
Under the no-action alternative, the university's facilities would 
remain under an NRC license and would not be released for unrestricted 
use. Denial of the license amendment request would result in no change 
to current conditions at the university. The no-action alternative is 
not acceptable because it is inconsistent with the NRC's Timeliness 
Rule, 10 CFR Part 30.36 ``Expiration and Termination of Licenses and 
Decommissioning of Sites and Separate Buildings or Outdoor Areas,'' 
which requires licensees who have ceased licensed activities to request 
termination of their radioactive material license. This alternative 
also would impose an unnecessary regulatory burden and limit potential 
benefits from future use of the university's facilities.

Conclusion

    The NRC staff concluded that the proposed action is consistent with 
the NRC unrestricted release criteria specified in 10 CFR Part 20, 
Subpart E, Section 20.1402, ``Radiological Criteria for Unrestricted 
Use.'' 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

    The NRC staff has determined that the proposed action will not 
affect listed species or critical habitats. Therefore, no further 
consultation is required under Section 7 of the Endangered Species Act. 
Likewise, the NRC staff has determined that the proposed action is not 
a type of activity that has potential to cause effect on historic 
properties. Therefore, consultation under Section 106 of the National 
Historic Preservation Act is not required.
    The NRC consulted with the Minnesota Department of Health. The 
Minnesota Department of Health, Radiation Control Unit, was provided 
the draft EA for comment on August 22, 2005. The State responded to the 
NRC by letter dated September 7, 2005, indicating, ``The Minnesota 
Department of Health (MDH) has reviewed the U.S. Nuclear Regulatory 
Commission's closeout inspection report for St. Mary's University of 
Minnesota. In addition, MDH has discussed the findings with NRC Region 
III staff. Based on a review of the closeout inspection report and our 
additional discussions, MDH has no comments or concerns.''

II. Finding of No Significant Impact

    On the basis of the EA in support of the proposed license amendment 
to release the site for unrestricted use, the NRC has determined that 
the proposed action will not have a significant effect on the quality 
of the human environment. Thus, the NRC has determined not to prepare 
an environmental impact statement for the proposed action.

Further Information

    A copy of this document will be available electronically for public 
inspection in the NRC Public Document

[[Page 57333]]

Room or from the Publicly Available Records (PARS) component of the 
NRC's document system. 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 following 
references are available for inspection at NRC's Public Electronic 
Reading Room at http://www.nrc.gov/reading-rm/adams.html (the Public 
Electronic Reading Room).
    1. Rademacher, Brother Jerome, Chairman, Department of Physics, 
Radiation Safety Officer, St. Mary's University of Minnesota, January 
10, 2005 letter to the NRC (ML050140064).
    2. Rademacher, Brother Jerome, Chairman, Department of Physics, 
Radiation Safety Officer, St. Mary's University of Minnesota, July 18, 
2005 letter to the NRC (ML052290386).
    3. U.S. Nuclear Regulatory Commission, ``Environmental Review 
Guidance for Licensing Actions Associated with NMSS Programs,'' NUREG-
1748, August 2003.
    4. NRC, NUREG-1757, ``Consolidated NMSS Decommissioning Guidance,'' 
Volumes 1-3, September 2003.
    5. Johns, Jr., George F., Supervisor, Radiation Control Unit, 
Minnesota Department of Health, September 7, 2005 letter to the NRC 
(ML052560161).
    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 (800) 397-4209, (301) 415-4737 
or by email to pdr@nrc.gov. 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 Lisle, Illinois, this 19th day of September 2005.

    For the Nuclear Regulatory Commission,
Jamnes L. Cameron,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety 
Region III.
[FR Doc. 05-19647 Filed 9-29-05; 8:45 am]
BILLING CODE 7590-01-P