Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment To Byproduct Nuclear Materials License No. 45-10414-01, for Unrestricted Release of A James Madison University Facility In Harrisonburg, VA, 16727-16729 [E8-6392]
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Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices
contractor to execute a NRC Form 450,
General Assignment. Completion of the
form grants the government all rights,
titles, and interest to refunds arising out
of the contractor performance.
Submit, by May 27, 2008, comments
that address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions about the
information collection requirements
may be directed to the Acting NRC
Clearance Officer, Gregory Trussell (T–
5 F52), U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, by telephone at 301–415–6804, or
by e-mail to
INFOCOLLECTS@NRC.GOV.
Dated at Rockville, Maryland, this 24th day
of March, 2008.
For the Nuclear Regulatory Commission.
Gregory Trussell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E8–6381 Filed 3–27–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Agency Information Collection
Activities: Proposed Collection;
Comment Request
U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of pending NRC action to
submit an information collection
request to the Office of Management and
Budget (OMB) and solicitation of public
comment.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The NRC is preparing a
submittal to OMB for review of
continued approval of information
VerDate Aug<31>2005
17:57 Mar 27, 2008
Jkt 214001
collections under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
Information pertaining to the
requirement to be submitted:
1. The title of the information
collection: 10 CFR Part 72, Licensing
Requirements for the Independent
Storage of Spent Nuclear Fuel and HighLevel Radioactive Waste.
2. Current OMB approval number:
3150–0132.
3. How often the collection is
required: Required reports are collected
and evaluated on a continuing basis as
events occur; submittal of reports varies
from less than one per year under some
rule sections to up to an average of
about 100 per year under other rule
sections. Applications for new licenses,
certificates of compliance (CoCs), and
amendments may be submitted at
anytime; applications for renewal of
licenses are required every 20 years for
an Independent Spent Fuel Storage
Installation (ISFSI) or Certificate of
Compliance (CoC) and every 40 years
for a Monitored Retrievable Storage
(MRS) facility.
4. Who is required or asked to report:
Certificate holders of casks for the
storage of spent fuel; licensees and
applicants for a CoC or a license to
possess power reactor spent fuel and
other radioactive materials associated
with spent fuel storage in an ISFSI; and
the Department of Energy for licenses to
receive, transfer, package and possess
power reactor spent fuel, high-level
waste, and other radioactive materials
associated with spent fuel and highlevel waste storage in an MRS.
5. The number of annual respondents:
50.
6. The number of hours needed
annually to complete the requirement or
request: 25,551 (22,781 hours for
reporting [71 hours per response] and
2,770 hours for recordkeeping [55 hours
per recordkeeper]).
7. Abstract: 10 CFR Part 72 establishes
mandatory requirements, procedures,
and criteria for the issuance of licenses
to receive, transfer, and possess power
reactor spent fuel and other radioactive
materials associated with spent fuel
storage in an ISFSI, as well as
requirements for the issuance of licenses
to the Department of Energy to receive,
transfer, package, and possess power
reactor spent fuel and high-level
radioactive waste, and other associated
radioactive materials in an MRS. The
information in the applications, reports,
and records is used by NRC to make
licensing and other regulatory
determinations.
Submit, by May 27, 2008, comments
that address the following questions:
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16727
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions about the
information collection requirements
may be directed to the NRC Clearance
Officer, Margaret A. Janney (T–5 F52),
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, by
telephone at 301–415–7245, or by e-mail
to INFOCOLLECTS@NRC.GOV.
Dated at Rockville, Maryland, this 24th day
of March, 2008.
For the Nuclear Regulatory Commission.
Gregory Trussell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E8–6397 Filed 3–27–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–01125]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment To Byproduct Nuclear
Materials License No. 45–10414–01, for
Unrestricted Release of A James
Madison University Facility In
Harrisonburg, VA
Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Dennis Lawyer, Health Physicist,
Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I,
475 Allendale Road, King of Prussia,
E:\FR\FM\28MRN1.SGM
28MRN1
16728
Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices
Pennsylvania; telephone 610–337–5366;
fax number 610–337–5393; or by e-mail:
drl1@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, College of Science
and Mathematics (the Licensee), to
conduct activities on its campus located
in Harrisonburg, Virginia. Issuance of
the amendment would authorize release
of Burruss Hall Rooms 322, 328, 332,
and 333 (the Facility) for unrestricted
use. Burruss Hall is located at the
southern corner of East Grace Street and
Madison Street in Harrisonburg,
Virginia. The Licensee requested this
action in a letter dated October 16, 2007.
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.
sroberts on PROD1PC70 with NOTICES
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s October 16, 2007, license
amendment request, resulting in release
of the Facility for unrestricted use.
License No. 45–10414–01 was issued on
October 13, 1964, pursuant to 10 CFR
Part 30, and has been amended
periodically since that time. This
license authorized the Licensee to use
unsealed byproduct material for
purposes of conducting research and
development activities on laboratory
bench tops and in hoods. The proposed
action pertains only to the cessation of
licensed activities in Burruss Hall
Rooms 322, 328, 332, and 333. Other
rooms and areas within Burruss Hall,
and within other buildings on the
Harrisonburg campus will continue to
use NRC licensed radioactive material.
The Facility consists of 1,539 square
feet of laboratory space within Burruss
Hall. Burruss Hall is situated in a mixed
industrial/commercial area within a 495
acre university campus.
Prior to 1997, the Licensee ceased
licensed activities and initiated a survey
and decontamination of the Facility.
Based on the Licensee’s historical
VerDate Aug<31>2005
17:57 Mar 27, 2008
Jkt 214001
knowledge of the site and the conditions
of the Facility, the Licensee determined
that only routine decontamination
activities, in accordance with their NRCapproved, operating radiation safety
procedures, were required. The Licensee
was not required to submit a
decommissioning plan to the NRC
because worker cleanup activities and
procedures are consistent with those
approved for routine operations. The
Licensee conducted surveys of the
Facility and provided information to the
NRC to demonstrate that it meets the
criteria in Subpart E of 10 CFR Part 20
for unrestricted release.
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities at the Facility, and
seeks the unrestricted use of its Facility.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved use
of the following radionuclides with halflives greater than 120 days: Hydrogen3 and carbon-14. Prior to performing the
final status survey, the Licensee
conducted decontamination activities,
as necessary, in the areas of the Facility
affected by these radionuclides.
The Licensee conducted a final status
survey of the Facility on August 15,
2007. The final status survey report was
attached to the Licensee’s amendment
request dated October 16, 2007. 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 that
will satisfy the NRC requirements in
Subpart E of 10 CFR Part 20 for
unrestricted release. The Licensee’s
final status survey results were below
these DCGLs and are in compliance
with the As Low As Reasonably
Achievable (ALARA) requirement of 10
CFR 20.1402. The NRC thus finds that
the Licensee’s final status survey results
are acceptable.
Based on its review, the staff has
determined that the affected
environment and any environmental
impacts associated with the proposed
action are bounded by the impacts
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
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). The
staff finds there were no significant
environmental impacts from the use of
radioactive material at the Facility. The
NRC staff reviewed the docket file
records and the final status survey
report to identify any non-radiological
hazards that may have impacted the
environment surrounding the Facility.
No such hazards or impacts to the
environment were identified. The NRC
has identified no other radiological or
non-radiological activities in the area
that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed
release of the Facility for unrestricted
use is in compliance with 10 CFR
20.1402. Although the Licensee will
continue to perform licensed activities
in other parts of Burruss Hall, the
Licensee must ensure that this
decommissioned area does not become
recontaminated. Before the license can
be terminated, the Licensee will be
required to show that Burruss Hall,
including previously-released areas, as
well as other areas of use on the
Harrisonburg campus, comply with the
radiological criteria in 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
E:\FR\FM\28MRN1.SGM
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Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices
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
Commonwealth of Virginia for review
on January 25, 2008. On February 22,
2008, Commonwealth’s Division of
Radiological Health responded by
electronic mail. The Commonwealth
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.
sroberts on PROD1PC70 with NOTICES
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.
1. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
2. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
VerDate Aug<31>2005
17:57 Mar 27, 2008
Jkt 214001
‘‘Radiological Criteria for License
Termination;’’
3. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
4. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities;’’ and
5. James Madison University,
Amendment Request letter dated
October 16, 2007 [ML080160199].
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Region 1, 475 Allendale Road,
King of Prussia this 21st day of March 2008.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E8–6392 Filed 3–27–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–289]
Three Mile Island Nuclear Station, Unit
1; Notice of Intent To Prepare an
Environmental Impact Statement and
Conduct Scoping Process
AmerGen Energy Company, LLC
(AmerGen) has submitted an application
for renewal of Facility Operating
License No. DPR–50 for an additional 20
years of operation at the Three Mile
Island Nuclear Station, Unit 1 (TMI–1).
TMI–1 is located in Londonderry
Township in Dauphin County,
Pennsylvania, on the northern end of
Three Mile Island near the eastern shore
of the Susquehanna River.
The operating license for TMI–1
expires on April 19, 2014. The
application for renewal, dated January
8, 2008, was submitted pursuant to Title
10 of the Code of Federal Regulations
(10 CFR) part 54. A notice of receipt and
availability of the application, which
included the environmental report (ER),
was published in the Federal Register
on January 31, 2008 (73 FR 5877). A
PO 00000
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Fmt 4703
Sfmt 4703
16729
notice of acceptance for docketing of the
application for renewal of the facility
operating license was published in the
Federal Register on March 14, 2008 (73
FR 13923). The purpose of this notice is
to inform the public that the U.S.
Nuclear Regulatory Commission (NRC)
will be preparing an environmental
impact statement (EIS) related to the
review of the license renewal
application and to provide the public an
opportunity to participate in the
environmental scoping process, as
defined in 10 CFR 51.29. In addition, as
outlined in 36 CFR 800.8, ‘‘Coordination
with the National Environmental Policy
Act,’’ the NRC plans to coordinate
compliance with Section 106 of the
National Historic Preservation Act in
meeting the requirements of the
National Environmental Policy Act of
1969 (NEPA).
In accordance with 10 CFR 51.53(c)
and 10 CFR 54.23, AmerGen submitted
the ER as part of the application. The ER
was prepared pursuant to 10 CFR part
51 and is publicly available at the NRC
Public Document Room (PDR), located
at One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852, or from the NRC’s Agencywide
Documents Access and Management
System (ADAMS). The ADAMS Public
Electronic Reading Room is accessible at
https://adamswebsearch.nrc.gov/
dologin.htm. The Accession Numbers
for the ER are ML080220255,
ML080220257, ML080220261, and
ML080220282. Persons who do not have
access to ADAMS, or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC’s PDR Reference staff by telephone
at 1–800–397–4209, or 301–415–4737,
or by e-mail at pdr@nrc.gov. The ER
may also be viewed on the Internet at
www.nrc.gov/reactors/operating/
licensing/renewal/applications/threemile-island.html. In addition, the ER is
available for public inspection near
TMI–1 at the following three locations:
Londonderry Township Municipal
Building, 783 South Geyers Church
Road, Middletown, PA 17057;
Middletown Public Library, 20 North
Catherine Street, Middletown, PA
17057; and Penn State Harrisburg
Library, 351 Olmsted Drive,
Middletown, PA 17057.
This notice advises the public that the
NRC intends to gather the information
necessary to prepare a plant-specific
supplement to the Commission’s
‘‘Generic Environmental Impact
Statement (GEIS) for License Renewal of
Nuclear Plants,’’ (NUREG–1437) related
to the review of the application for
renewal of the TMI–1 operating license
for an additional 20 years. Possible
E:\FR\FM\28MRN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Notices]
[Pages 16727-16729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6392]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-01125]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment To Byproduct Nuclear
Materials License No. 45-10414-01, for Unrestricted Release of A James
Madison University 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: Dennis Lawyer, Health Physicist,
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region
I, 475 Allendale Road, King of Prussia,
[[Page 16728]]
Pennsylvania; telephone 610-337-5366; fax number 610-337-5393; or by e-
mail: drl1@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, College of
Science and Mathematics (the Licensee), to conduct activities on its
campus located in Harrisonburg, Virginia. Issuance of the amendment
would authorize release of Burruss Hall Rooms 322, 328, 332, and 333
(the Facility) for unrestricted use. Burruss Hall is located at the
southern corner of East Grace Street and Madison Street in
Harrisonburg, Virginia. The Licensee requested this action in a letter
dated October 16, 2007. 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 October 16, 2007,
license amendment request, resulting in release of the Facility for
unrestricted use. License No. 45-10414-01 was issued on October 13,
1964, pursuant to 10 CFR Part 30, and has been amended periodically
since that time. This license authorized the Licensee to use unsealed
byproduct material for purposes of conducting research and development
activities on laboratory bench tops and in hoods. The proposed action
pertains only to the cessation of licensed activities in Burruss Hall
Rooms 322, 328, 332, and 333. Other rooms and areas within Burruss
Hall, and within other buildings on the Harrisonburg campus will
continue to use NRC licensed radioactive material.
The Facility consists of 1,539 square feet of laboratory space
within Burruss Hall. Burruss Hall is situated in a mixed industrial/
commercial area within a 495 acre university campus.
Prior to 1997, the Licensee ceased licensed activities and
initiated a survey and decontamination of the Facility. Based on the
Licensee's historical knowledge of the site and the conditions of the
Facility, the Licensee determined that only routine decontamination
activities, in accordance with their NRC-approved, operating radiation
safety procedures, were required. The Licensee was not required to
submit a decommissioning plan to the NRC because worker cleanup
activities and procedures are consistent with those approved for
routine operations. The Licensee conducted surveys of the Facility and
provided information to the NRC to demonstrate that it meets the
criteria in Subpart E of 10 CFR Part 20 for unrestricted release.
Need for the Proposed Action
The Licensee has ceased conducting licensed activities at the
Facility, and seeks the unrestricted use of its Facility.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Facility shows that such activities involved use of the following
radionuclides with half-lives greater than 120 days: Hydrogen-3 and
carbon-14. Prior to performing the final status survey, the Licensee
conducted decontamination activities, as necessary, in the areas of the
Facility affected by these radionuclides.
The Licensee conducted a final status survey of the Facility on
August 15, 2007. The final status survey report was attached to the
Licensee's amendment request dated October 16, 2007. 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 that will
satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for
unrestricted release. The Licensee's final status survey results were
below these DCGLs and are in compliance with the As Low As Reasonably
Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds
that the Licensee's final status survey results are acceptable.
Based on its review, the staff has determined that the affected
environment and any environmental impacts associated with the proposed
action are bounded by the impacts evaluated by the ``Generic
Environmental Impact Statement in Support of Rulemaking on Radiological
Criteria for License Termination of NRC-Licensed Nuclear Facilities''
(NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385).
The staff finds there were no significant environmental impacts from
the use of radioactive material at the Facility. The NRC staff reviewed
the docket file records and the final status survey report to identify
any non-radiological hazards that may have impacted the environment
surrounding the Facility. No such hazards or impacts to the environment
were identified. The NRC has identified no other radiological or non-
radiological activities in the area that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed release of the Facility for
unrestricted use is in compliance with 10 CFR 20.1402. Although the
Licensee will continue to perform licensed activities in other parts of
Burruss Hall, the Licensee must ensure that this decommissioned area
does not become recontaminated. Before the license can be terminated,
the Licensee will be required to show that Burruss Hall, including
previously-released areas, as well as other areas of use on the
Harrisonburg campus, comply with the radiological criteria in 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
[[Page 16729]]
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
Commonwealth of Virginia for review on January 25, 2008. On February
22, 2008, Commonwealth's Division of Radiological Health responded by
electronic mail. The Commonwealth 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.
1. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
2. Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
3. Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;''
4. NUREG-1496, ``Generic Environmental Impact Statement in Support
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities;'' and
5. James Madison University, Amendment Request letter dated October
16, 2007 [ML080160199].
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at Region 1, 475 Allendale Road, King of Prussia this 21st
day of March 2008.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E8-6392 Filed 3-27-08; 8:45 am]
BILLING CODE 7590-01-P
