Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 45-10414-01, for Unrestricted Release of the James Madison University's Miller Hall Facility in Harrisonburg, VA, 44046-44048 [E6-12513]
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44046
ACTION:
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices
Notice of availability.
Dr.
Peter J. Lee, Decommissioning Branch,
Division of Nuclear Materials Safety,
U.S. Nuclear Regulatory Commission,
Region III, 2443 Warrenville Road, Lisle,
Illinois 60532–4352. Telephone: 630829–9870; fax number: 630–515–1259;
e-mail: pjl2@nrc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
hsrobinson on PROD1PC69 with NOTICES
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuing a license termination of Material
License No. 21–32115–01 issued to
Esperion Therapeutics, Inc. (the
licensee), to authorize release of its Ann
Arbor facility for unrestricted use.
The NRC staff has prepared an
Environmental Assessment (EA) in
support of this amendment 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 terminate Byproduct Material License
No. 21–32115–01 issued to Esperion
Therapeutics, Inc., and release its Ann
Arbor, Michigan facility for unrestricted
use. On September 24, 1998, the NRC
authorized the licensee to use labeled
compounds such as hydrogen-3, carbon14, phosphorus-32, phosphorus-33,
sulfur-35, etc. for research and
development. On May 17, 2006, the
licensee submitted a license termination
request to release its Ann Arbor facility
for unrestricted use. The licensee has
conducted surveys of the facility and
provided information to the NRC to
demonstrate that the site meets the
license termination criteria in 10 CFR
20.1402, ‘‘Radiological Criteria for
Unrestricted Use.’’
The staff has examined the licensee’s
request and the information provided in
support of its request, including the
surveys performed to demonstrate
compliance with the release criteria.
The staff has found that the radiological
environmental impacts from the
proposed action are bounded by the
impacts evaluated in the ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Facilities’’ (NUREG–1496).
Additionally, no non-radiological or
cumulative impacts were identified.
Based on its review, the staff has
determined that there are no additional
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15:20 Aug 02, 2006
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remediation activities necessary to
complete the proposed action and a
Finding of No Significant Impact is
appropriate.
III. Finding of No Significant Impact
On the basis of the EA, the NRC
concluded that there are no significant
environmental impacts from the
proposed amendment and determined
not to prepare an environmental impact
statement.
IV. Further Information
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at the NRC’s electronic
Reading Room at https://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 ADAMS accession
numbers for the documents related to
this notice are: ML061390181 for the
May 17, 2006, license termination
request and ML062020314 for the EA
summarized above. If you do not have
access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
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 Lisle, Illinois, this 24th day of July
2006.
For the Nuclear Regulatory Commission.
Jamnes L. Cameron,
Chief, Decommissioning Branch, Division of
Nuclear Materials Safety, Region III.
[FR Doc. E6–12516 Filed 8–2–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 03001125]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 45–10414–01, for
Unrestricted Release of the James
Madison University’s Miller Hall
Facility in Harrisonburg, VA
Nuclear Regulatory
Commission.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
ACTION:
FOR FURTHER INFORMATION CONTACT:
Thomas K. Thompson, Sr. Health
Physicist, Commercial and R&D Branch,
Division of Nuclear Materials Safety,
Region I, King of Prussia, Pennsylvania;
telephone (610) 337–5303; fax number
(610) 337–5269; or by e-mail:
tkt@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. 45–
10414–01. This license is held by James
Madison University (the Licensee),
located at Harrisonburg, Virginia.
Issuance of the amendment would
authorize release of Miller Hall, located
on the James Madison University
Campus, for unrestricted use. The
Licensee requested this action in a letter
dated November 28, 2005. 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 November 28, 2005,
license amendment request, resulting in
release of Miller Hall for unrestricted
use. License No. 45–10414–01 was
issued in 1964, pursuant to 10 CFR Part
30, and has been amended periodically
since that time. This license authorized
the Licensee to use sealed and unsealed
byproduct materials for purposes of
conducting research and development
activities on laboratory bench tops and
in hoods, for teaching and training of
students, and calibration of instruments.
Miller Hall is situated on the James
Madison University Campus in
Harrisonburg, Virginia. Miller Hall is a
77,977 square foot building containing
teaching laboratories and classrooms,
research laboratories, office/storage
areas, a large lecture hall and a
planetarium. Miller Hall (the Facility) is
surrounded on three sides by other
James Madison University Campus
E:\FR\FM\03AUN1.SGM
03AUN1
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices
academic buildings and on the fourth
side by Rockingham Memorial Hospital
and Cancer Center. Within the Facility,
use of licensed materials was confined
to Rooms G21, G22, G22A, and 110.
On May 10, 2005, 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 its NRCapproved, operating radiation safety
procedures, were required. Therefore, in
accordance with 10 CFR 30.36(g), the
Licensee was not required to submit a
decommissioning plan to the NRC. 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.
hsrobinson on PROD1PC69 with NOTICES
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities at the Facility, and
seeks the unrestricted use of Miller Hall.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved use
of many radionuclides with half-lives
greater than 120 days. Prior to
performing the final status survey, the
Licensee conducted a historical site
assessment of byproduct materials
activities in the areas of the Facility
affected by these radionuclides and
determined that residual contamination
from operations was unlikely.
The Licensee conducted a final status
survey on October 18, 2005. This survey
covered Rooms G21, G22, G22A, 110,
and the adjacent corridor. The final
status survey report was submitted with
the Licensee’s amendment request dated
November 28, 2005. 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 part 20 for
unrestricted release. NRC considers
these DCGLs to represent levels that are
VerDate Aug<31>2005
15:20 Aug 02, 2006
Jkt 208001
As Low As Reasonably Achievable
(ALARA), and in compliance with the
ALARA requirement of 10 CFR 20.1402.
The Licensee’s final status survey
results for randomized samples were
below these DCGLs, and are thus
acceptable here for use as release
criteria.
Based on its review, the NRC 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 NRCLicensed Nuclear Facilities’’ (NUREG–
1496) Volumes 1–3 (ML042310492,
ML042320379, and ML042330385).
Further, no incidents were recorded
involving spills or releases of
radioactive material at the Facility.
Accordingly, 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 found no other radiological or nonradiological activities in the area that
could result in cumulative
environmental impacts.
The NRC staff finds that the proposed
release of the Miller Hall facility
described above for unrestricted use 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. Additionally,
denying the amendment request would
PO 00000
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44047
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
Virginia Department of Health for
review on March 23, 2006. On March
23, 2006, the Virginia Department of
Health responded by email. 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 https://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.
E:\FR\FM\03AUN1.SGM
03AUN1
44048
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices
(1) Amendment request dated
November 28, 2005 (ML053430158);
(2) Additional information provided
by the Licensee on January 13, 2006
(ML060190077);
(3) Additional information provided
by the Licensee on May 8, 2006
(ML061290167);
(4) Federal Register Notice, Volume
65, No. 114, page 37186, dated Tuesday,
June 13, 2000, ‘‘Use of Screening Values
to Demonstrate Compliance With The
Federal Rule on Radiological Criteria for
License Termination;’’
(5) Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
(6) Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
(7) NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed 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, O1F21, 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, PA this 20th day of July 2006.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety. Region I.
[FR Doc. E6–12513 Filed 8–2–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
hsrobinson on PROD1PC69 with NOTICES
[Docket No. 070–03071]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Special Nuclear
Materials License No. SNM–1990, for
Unrestricted Release of the West
Virginia University Institute of
Technology’s Engineering Classroom
Building in Montgomery, WV
Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
AGENCY:
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15:20 Aug 02, 2006
Jkt 208001
Significant Impact for License
Amendment.
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; telephone (610) 337–
5040; fax number (610) 337–5269; or by
e-mail: exu@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to
Special Nuclear Materials License No.
SNM–1990. This license is held by the
West Virginia University Institute of
Technology (the Licensee) for its
Department of Physics, located at 405
Fayette Place in Montgomery, West
Virginia. Issuance of the amendment
would authorize Room 105 of the
Department of Physics’ Engineering
Classroom Building (the Facility) to be
released for unrestricted use. The
Licensee requested this action in a letter
dated August 9, 2005. 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 August 9, 2005, license
amendment request, resulting in Room
105 (where licensed materials were used
or stored) being released for unrestricted
use. License No. SNM–1990 was issued
on April 30, 1991, pursuant to 10 CFR
parts 40 and 70, and has been amended
periodically since that time. This
license authorized the Licensee to use
plutonium–239 and uranium for
purposes of storage only until
transferred to an authorized recipient.
This license superceded License No.
SNM–608 (issued June 14, 1965 to
authorize the use of plutonium–239
sealed neutron sources for educational
and research activities) and License No.
SUD–869 (issued April 22, 1966 for use
of natural uranium in sub-critical
assemblies for educational and research
purposes).
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Fmt 4703
Sfmt 4703
The Facility is situated on the
Licensee’s 110-acre campus, which is
located in a rural area. Within the
Facility, use of licensed materials was
confined to Room 105, which has
approximately 47 square meters of floor
area.
On June 7, 2005, the Licensee ceased
licensed activities and initiated a survey
and decontamination of Room 105.
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 its NRCapproved, operating radiation safety
procedures, were required. Therefore,
the Licensee was not required to submit
a decommissioning plan to the NRC.
The Licensee conducted surveys of
Room 105 and provided information to
the NRC to demonstrate that it meets the
criteria in Subpart E of 10 CFR part 20
for unrestricted release.
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities in Room 105, and
seeks its unrestricted use.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted in Room 105 shows
that such activities involved use of the
following radionuclide with half-life
greater than 120 days: Natural uranium.
Prior to performing the final status
survey, the Licensee conducted
decontamination activities, as
necessary, in the Room 105 areas
affected by the use of natural uranium.
The Licensee conducted surveys in
Room 105 on June 7, 2005, and January
12, 2006, as reflected in the Licensee’s
amendment request dated August 9,
2005, and subsequent submittals. 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 radionuclidespecific 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
part 20 for unrestricted release. The
NRC considers these DCGLs to be in
compliance with the As Low As
Reasonably Achievable (ALARA)
requirement of 10 CFR 20.1402. The
E:\FR\FM\03AUN1.SGM
03AUN1
]]>Agencies
[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Notices]
[Pages 44046-44048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12513]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 03001125]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 45-10414-01, for Unrestricted Release of the James Madison
University's Miller Hall Facility in Harrisonburg, VA
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Thomas K. Thompson, Sr. Health
Physicist, Commercial and R&D Branch, Division of Nuclear Materials
Safety, Region I, King of Prussia, Pennsylvania; telephone (610) 337-
5303; fax number (610) 337-5269; or by e-mail: tkt@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. 45-
10414-01. This license is held by James Madison University (the
Licensee), located at Harrisonburg, Virginia. Issuance of the amendment
would authorize release of Miller Hall, located on the James Madison
University Campus, for unrestricted use. The Licensee requested this
action in a letter dated November 28, 2005. 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 November 28, 2005,
license amendment request, resulting in release of Miller Hall for
unrestricted use. License No. 45-10414-01 was issued in 1964, pursuant
to 10 CFR Part 30, and has been amended periodically since that time.
This license authorized the Licensee to use sealed and unsealed
byproduct materials for purposes of conducting research and development
activities on laboratory bench tops and in hoods, for teaching and
training of students, and calibration of instruments.
Miller Hall is situated on the James Madison University Campus in
Harrisonburg, Virginia. Miller Hall is a 77,977 square foot building
containing teaching laboratories and classrooms, research laboratories,
office/storage areas, a large lecture hall and a planetarium. Miller
Hall (the Facility) is surrounded on three sides by other James Madison
University Campus
[[Page 44047]]
academic buildings and on the fourth side by Rockingham Memorial
Hospital and Cancer Center. Within the Facility, use of licensed
materials was confined to Rooms G21, G22, G22A, and 110.
On May 10, 2005, 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 its NRC-approved, operating radiation
safety procedures, were required. Therefore, in accordance with 10 CFR
30.36(g), the Licensee was not required to submit a decommissioning
plan to the NRC. 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.
Need for the Proposed Action
The Licensee has ceased conducting licensed activities at the
Facility, and seeks the unrestricted use of Miller Hall.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Facility shows that such activities involved use of many radionuclides
with half-lives greater than 120 days. Prior to performing the final
status survey, the Licensee conducted a historical site assessment of
byproduct materials activities in the areas of the Facility affected by
these radionuclides and determined that residual contamination from
operations was unlikely.
The Licensee conducted a final status survey on October 18, 2005.
This survey covered Rooms G21, G22, G22A, 110, and the adjacent
corridor. The final status survey report was submitted with the
Licensee's amendment request dated November 28, 2005. 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
part 20 for unrestricted release. NRC considers these DCGLs to
represent levels that are As Low As Reasonably Achievable (ALARA), and
in compliance with the ALARA requirement of 10 CFR 20.1402. The
Licensee's final status survey results for randomized samples were
below these DCGLs, and are thus acceptable here for use as release
criteria.
Based on its review, the NRC 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).
Further, no incidents were recorded involving spills or releases of
radioactive material at the Facility.
Accordingly, 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 found 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 Miller Hall
facility described above for unrestricted use 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. 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
Virginia Department of Health for review on March 23, 2006. On March
23, 2006, the Virginia Department of Health responded by email. 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 https://
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.
[[Page 44048]]
(1) Amendment request dated November 28, 2005 (ML053430158);
(2) Additional information provided by the Licensee on January 13,
2006 (ML060190077);
(3) Additional information provided by the Licensee on May 8, 2006
(ML061290167);
(4) Federal Register Notice, Volume 65, No. 114, page 37186, dated
Tuesday, June 13, 2000, ``Use of Screening Values to Demonstrate
Compliance With The Federal Rule on Radiological Criteria for License
Termination;''
(5) Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
(6) Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;''
(7) 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, O1F21,
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, PA this 20th day
of July 2006.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety.
Region I.
[FR Doc. E6-12513 Filed 8-2-06; 8:45 am]
BILLING CODE 7590-01-P
