Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 45-00048-17, for the Unrestricted Release of the Virginia Commonwealth University's Incineration Facility in Ashland, VA, 25051-25053 [E8-9916]
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Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Notices
spent nuclear fuel has been transferred
to the 10 CFR Part 72 licensed ISFSI.
Need for Proposed Action
Sections 50.54(p) and Part 73 of Title
10 of the Code of Federal Regulations
require that reactor licensees establish
and maintain physical protection and
security for activities involving nuclear
fuel within the 10 CFR Part 50 licensed
area of a facility. The proposed action is
needed because there will no longer be
any nuclear fuel in the 10 CFR Part 50
licensed facility to protect against
radiological sabotage or diversion after
the transfer of the spent nuclear fuel to
the HBPP ISFSI. Subpart H of 10 CFR
Part 72 establishes the physical
protection requirements that will be
applicable here, and relies on 10 CFR
73.51 to define the requirements for
physical protection of spent nuclear fuel
stored in an ISFSI under a specific
license issued pursuant to 10 CFR Part
72. The HBPP ISFSI has a separate NRC
approved security plan to protect the
spent nuclear fuel stored there from
radiological sabotage and diversion. The
proposed action will allow the licensee
to conserve resources for
decommissioning activities.
III. Environmental Impacts of the
Proposed Action
Radiological Impacts
The NRC has completed its evaluation
of the proposed action and concludes
that exempting the facility from certain
security requirements will not have any
adverse environmental impacts. There
will be minor savings of energy and
vehicular use associated with the
security force no longer performing
patrols, checks, and normal security
functions.
The proposed action will not
significantly increase the probability or
consequences of accidents, no changes
are being made in the types of any
effluents that may be released off site,
and there is no significant increase in
occupational or public radiation
exposure. Therefore, there are no
significant radiological environmental
impacts associated with the proposed
action.
rwilkins on PROD1PC63 with NOTICES
Non-Radiological Impacts
With regard to potential nonradiological impacts, the proposed
action does not involve any historic
sites. It does not affect non-radiological
plant effluents and has no other
environmental impact. Therefore, there
are no significant non-radiological
environmental impacts associated with
the proposed action.
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17:11 May 05, 2008
Jkt 214001
Cumulative Impacts
The NRC has determined that there
are no adverse cumulative impacts
associated with this proposed action.
Alternatives to the Proposed Action
The alternative to considering the
exemption request for approval is to
deny the request, which is equivalent to
the no-action alternative. Denial of the
application would result in no change
in current environmental impacts. The
environmental impacts of the proposed
action and the alternative action are
similar.
Agencies and Persons Consulted
The NRC contacted the California
Radiologic Health Branch in the State
Department of Health Services
concerning this request. There were no
comments, concerns or objections from
the state official.
NRC staff determined that the
proposed action is not a major
decommissioning activity and will not
affect listed or proposed endangered
species, nor critical habitat. Therefore,
no further consultation is required
under Section 7 of the Endangered
Species Act. Likewise, NRC staff
determined that the proposed action is
not the type of activity that has the
potential to cause previously
unconsidered effects on historic
properties, as consultation for licensing
of the ISFSI has been conducted
previously. There are no additional
impacts to historic properties associated
with the change in security
requirements. Therefore, no
consultation is required under Section
106 of the National Historic
Preservation Act.
IV. Finding of No Significant Impact
On the basis of this EA, the NRC
concludes that the proposed action will
not have a significant effect on the
quality of the human environment.
Accordingly, the NRC has determined
that a finding of no significant impact is
appropriate, and that preparation of an
environmental impact statement is not
warranted.
V. Further Information
For further information with respect
to the proposed action, see the
licensee’s letter, ‘‘License Amendment
Request 07–03, Deletion of Paragraph
2.C.1 of Facility Operating License No.
DPR–7, Exemption from 10 CFR
50.54(p) and 10 CFR Part 73, and
Rescission of NRC Orders EA–02–077
and EA–03–099,’’ November 5, 2007.
(ML073120016).
The NRC Public Documents Room is
located at NRC Headquarters in
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
25051
Rockville, Maryland, and can be
contacted at (800) 397–4209. Documents
may be examined, and/or copied for a
fee, at the NRC’s Public Document
Room (PDR), located at One White Flint
North, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System’s
(ADAMS) Public Library component on
the NRC Web site, https://www.nrc.gov
(the Public Electronic Reading Room).
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 email at pdr@nrc.gov.
Dated at Rockville, Maryland, this 25th day
of April, 2008.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and
Uranium Recovery Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. E8–9937 Filed 5–5–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–03297]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 45–00048–17, for the
Unrestricted Release of the Virginia
Commonwealth University’s
Incineration Facility in Ashland, VA
Nuclear Regulatory
Commisson.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Penny Lanzisera, Medical Branch,
Division of Nuclear Materials Safety,
Region I, 475 Allendale Road, King of
Prussia, Pennsylvania 19406; telephone
(610) 337–5169; fax number (610) 337–
5269; or by e-mail: pan@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–
E:\FR\FM\06MYN1.SGM
06MYN1
25052
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Notices
00048–17. This license is held by
Virginia Commonwealth University (the
Licensee), located at several campuses
in Richmond and Ashland, Virginia.
Issuance of the amendment would
authorize release of the Consumat
Incinerator and areas adjacent to the
Incinerator (together identified herein as
the Facility) at the Animal Resources
Hanover Farm, 119–121 Cheroy Road,
Ashland, Virginia, for unrestricted use.
The Licensee requested this action in a
letter dated June 13, 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.
rwilkins on PROD1PC63 with NOTICES
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s June 13, 2007, license
amendment request, resulting in release
of the Facility for unrestricted use.
License No. 45–00048–17 was issued on
March 20, 1962, pursuant to 10 CFR Part
30, and has been amended periodically
since that time. This license authorizes
the Licensee to use unsealed byproduct
material for purposes of conducting
research and development activities on
laboratory bench tops and in hoods. The
license includes a license condition
allowing disposal of licensed material
by incineration at the Facility.
The Facility is situated on the 88 acre
Animal Resources Hanover Farm. Most
of the site’s acreage is used as a farm by
the Licensee’s Division of Animal
Resources. The site on which the
Facility is located is in a residential
area. At the site, incineration of licensed
materials was confined to the Consumat
Incinerator.
In the mid-1980’s, 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
VerDate Aug<31>2005
17:11 May 05, 2008
Jkt 214001
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: 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 July 23, 2007.
This survey covered the Consumat
Incinerator and adjacent surface soil.
The final status survey report was
attached to the Licensee’s letter dated
August 9, 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, and in soils,
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 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
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
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
at other areas of the Ashland site, 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 the entire Ashland
site, including previously-released
areas, complies 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
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
E:\FR\FM\06MYN1.SGM
06MYN1
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Notices
concludes that the proposed action is
the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the State
of Virginia for review on February 29,
2008. On March 11, 2008, the State of
Virginia 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.
rwilkins on PROD1PC63 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]. Letters dated June 13, 2007
[ML071730550], August 9, 2007
[ML072270622], and September 11,
2007 [ML072600094];
[2]. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
[3]. Title 10, Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
[4]. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’ and
[5]. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
VerDate Aug<31>2005
17:11 May 05, 2008
Jkt 214001
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, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at 475 Allendale Road, King of
Prussia, Pennsylvania this 28th day of April
2008.
For the Nuclear Regulatory Commission.
Pamela J. Henderson,
Chief, Medical Branch, Division of Nuclear
Materials Safety, Region I.
[FR Doc. E8–9916 Filed 5–5–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–206]
Southern California Edison; Notice of
Consideration of Issuance of
Amendment to San Onofre Nuclear
Generation Station Unit 1 Facility
Operating License and Opportunity for
a Hearing
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of license amendment,
and opportunity to request a hearing.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
James C. Shepherd, Project Manager,
Reactor Decommissioning Branch,
Division of Waste Management and
Environmental Protection, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Rockville, MD 20852. Telephone: (301)
415–6712; fax number: (301) 415–6712;
e-mail: James.Shepherd@nrc.gov.
The Nuclear Regulatory Commission
(NRC) has received, by letter dated
December 19, 2007 (ML080580468), a
license amendment application from
Southern California Edison (the
Licensee), regarding its San Onofre
Nuclear Generating Station (SONGS)
Unit 1 site located in San Onofre,
California. License No. DPR–13
authorizes the licensee to decommission
Unit 1 to the unrestricted use criteria of
10 CFR 20.1402. In accordance with
provisions of 10 CFR 50.83 (Release of
Part of a Power Reactor Facility or Site
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
25053
for Unrestricted Use), the Licensee
requests release from the NRC license,
for unrestricted use, a parcel of the
ocean bottom leased from the California
State Lands Commission, as well as the
offshore portion of the Circulating Water
System beneath that parcel of seabed
floor. The structures comprising this
portion of the system have been isolated
from the plant. Following approval of
this amendment, the Licensee will
abandon these structures in place.
An NRC administrative review,
documented in a letter to Southern
California Edison dated January 18,
2008 (ML080170571), found the
application acceptable to begin a
technical review. If the NRC approves
the amendment, the approval will be
documented in an amendment to NRC
License No. DPR–13. However, before
approving the proposed amendment, the
NRC will need to make the findings
required by the Atomic Energy Act of
1954, as amended, and NRC’s
regulations. These findings will be
documented in a Safety Evaluation
Report and an Environmental
Assessment.
Within 60 days of the date this notice
is published in the Federal Register,
any person(s) whose interest may be
affected may file a request for hearing/
petition to intervene. As required by 10
CFR 2.309, a petition for leave to
intervene shall set forth with
particularity the interest of the
petitioner/requestor in the proceeding,
and how that interest may be affected by
the results of the proceeding. The
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to
the following general requirements: (1)
The name, address and telephone
number of the requestor or petitioner;
(2) the nature of the requestor’s/
petitioner’s right under the Act to be
made a party to the proceeding; (3) the
nature and extent of the requestor’s/
petitioner’s property, financial, or other
interest in the proceeding; and (4) the
possible effect of any decision or order
which may be entered in the proceeding
on the requestor’s/petitioner’s interest.
The petition must also identify the
specific contentions which the
petitioner/requestor seeks to have
litigated at the proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
E:\FR\FM\06MYN1.SGM
06MYN1
Agencies
[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Notices]
[Pages 25051-25053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9916]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-03297]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 45-00048-17, for the Unrestricted Release of the Virginia
Commonwealth University's Incineration Facility in Ashland, VA
AGENCY: Nuclear Regulatory Commisson.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Penny Lanzisera, Medical Branch,
Division of Nuclear Materials Safety, Region I, 475 Allendale Road,
King of Prussia, Pennsylvania 19406; telephone (610) 337-5169; fax
number (610) 337-5269; or by e-mail: pan@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-
[[Page 25052]]
00048-17. This license is held by Virginia Commonwealth University (the
Licensee), located at several campuses in Richmond and Ashland,
Virginia. Issuance of the amendment would authorize release of the
Consumat Incinerator and areas adjacent to the Incinerator (together
identified herein as the Facility) at the Animal Resources Hanover
Farm, 119-121 Cheroy Road, Ashland, Virginia, for unrestricted use. The
Licensee requested this action in a letter dated June 13, 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 June 13, 2007,
license amendment request, resulting in release of the Facility for
unrestricted use. License No. 45-00048-17 was issued on March 20, 1962,
pursuant to 10 CFR Part 30, and has been amended periodically since
that time. This license authorizes the Licensee to use unsealed
byproduct material for purposes of conducting research and development
activities on laboratory bench tops and in hoods. The license includes
a license condition allowing disposal of licensed material by
incineration at the Facility.
The Facility is situated on the 88 acre Animal Resources Hanover
Farm. Most of the site's acreage is used as a farm by the Licensee's
Division of Animal Resources. The site on which the Facility is located
is in a residential area. At the site, incineration of licensed
materials was confined to the Consumat Incinerator.
In the mid-1980's, 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
July 23, 2007. This survey covered the Consumat Incinerator and
adjacent surface soil. The final status survey report was attached to
the Licensee's letter dated August 9, 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, and in soils, 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 at other areas of
the Ashland site, 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 the entire
Ashland site, including previously-released areas, complies 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
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
[[Page 25053]]
concludes that the proposed action is the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this Environmental Assessment to the State
of Virginia for review on February 29, 2008. On March 11, 2008, the
State of Virginia 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.
[1]. Letters dated June 13, 2007 [ML071730550], August 9, 2007
[ML072270622], and September 11, 2007 [ML072600094];
[2]. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
[3]. Title 10, Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
[4]. Title 10, Code of Federal Regulations, Part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions;'' and
[5]. NUREG-1496, ``Generic Environmental Impact Statement in
Support of Rulemaking on Radiological Criteria for License Termination
of NRC-Licensed Nuclear Facilities.''
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at 475 Allendale Road, King of Prussia, Pennsylvania this
28th day of April 2008.
For the Nuclear Regulatory Commission.
Pamela J. Henderson,
Chief, Medical Branch, Division of Nuclear Materials Safety, Region I.
[FR Doc. E8-9916 Filed 5-5-08; 8:45 am]
BILLING CODE 7590-01-P