Notice of Availability of Environmental Assessment and Finding of No Significant Impact Related to the Approval for the Department of the Navy To Issue an Amendment to a Materials Permit for the Unrestricted Release of Building 133 at the Naval Air Depot in Cherry Point, North Carolina, Under Byproduct Materials License No. 45-23645-01NA, 28171-28173 [E8-10860]
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<![CDATA[
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Notices
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by: (1)
VerDate Aug<31>2005
16:18 May 14, 2008
Jkt 214001
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, Participants are requested
not to include copyrighted materials in
their submissions.
Detailed guidance which the NRC
uses to review applications for the
renewal of non-power reactor licenses
can be found in the document NUREG–
1537, entitled ‘‘Guidelines for Preparing
and Reviewing Applications for the
Licensing of Non-Power Reactors,’’ can
be obtained from the Commission’s
PDR. The NRC maintains an
Agencywide Documents Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. The detailed review
guidance (NUREG–1537) may be
accessed through the NRC’s Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
28171
adams.html under ADAMS Accession
No. ML041230055 for part one and
ML041230048 for part two. Copies of
the application to renew the facility
license for the licensee are available for
public inspection at the Commission’s
PDR, located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland 20852–2738. The
initial application and other related
documents may be accessed through the
NRC’s Public Electronic Reading Room,
at the address mentioned above, under
ADAMS Accession No. ML072210835
(Redacted Version). Persons who do not
have access to ADAMS, or have
problems accessing the documents
located in ADAMS, may contact the
NRC Public Document Room Reference
staff at (800) 397–4209, or locally, (301)
415–4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 9th day
of May, 2008.
For the Nuclear Regulatory Commission.
Daniel S. Collins,
Chief, Research and Test Reactors Branch
A, Division of Policy and Rulemaking, Office
of Nuclear Reactor Regulation.
[FR Doc. E8–10862 Filed 5–14–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–29462]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact Related to the
Approval for the Department of the
Navy To Issue an Amendment to a
Materials Permit for the Unrestricted
Release of Building 133 at the Naval
Air Depot in Cherry Point, North
Carolina, Under Byproduct Materials
License No. 45–23645–01NA
Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Orysia Masnyk Bailey, Health Physicist,
Materials Security & Industrial Branch,
Division of Nuclear Materials Safety,
Region I, 475 Allendale Road, King of
Prussia, Pennsylvania, 19406; phone
number (864) 427–1032; fax number
(610) 680–3497; or by e-mail:
omm@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering
E:\FR\FM\15MYN1.SGM
15MYN1
28172
Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Notices
allowing the Department of the Navy
(Navy) to issue an amendment to a
materials permit in accordance with
NRC Byproduct Materials License No.
45–23645–01NA. The NRC approval
would authorize the Navy to release, for
unrestricted use, Building 133 at the
Naval Air Depot in Cherry Point, North
Carolina. The Navy requested this
action in a letter dated May 21, 2006.
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 proposed
action will be taken following the
publication of this FONSI and EA in the
Federal Register.
mstockstill on PROD1PC66 with NOTICES
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Navy’s May 21, 2006, request to
release Building 133 at the Naval Air
Depot in Cherry Point, North Carolina
(the Facility), for unrestricted use.
Building 133 is a one-story open
structure used for repair and
maintenance of aircraft engines. This
Facility is located within a secure
military base in a rural area, and use of
licensed materials was confined to three
shop areas: the Aircraft and Component
Clean, Strip, and Corrosion Control
Shop; the Machine Repair Power Plant
Shop; and the Engine Parts Repair Shop.
Each shop maintained dedicated,
marked 55 gallon drums for storage of
low level radioactive waste (LLRW)
generated from Mg-Th operations. At
the end of each shift in which Mg-Th
maintenance was performed, areas were
cleaned with dedicated shop vacuums
equipped with HEPA filters. Mg-Th
components were cleaned in an
enclosed parts washer to prevent the
spread of contamination.
In March 2006, the Navy ceased
licensed activities at the Facility, and
initiated a survey and decontamination
of Building 133. Based on the Navy’s
historical knowledge of the site and the
conditions of Building 133, the Navy
determined that only routine
decontamination activities, in
accordance with their NRC-approved,
operating radiation safety procedures,
were required. The Navy was not
required to submit a decommissioning
plan to the NRC because worker cleanup
activities and procedures were
consistent with those approved for
routine operations. The Navy conducted
VerDate Aug<31>2005
16:18 May 14, 2008
Jkt 214001
Facility surveys and provided
information to the NRC to demonstrate
that it meets the criteria in Subpart E of
10 CFR Part 20 for unrestricted release
and for permit termination.
Need for the Proposed Action
The Navy is requesting approval of
this permitting action because it has
ceased conducting licensed activities at
its Facility, and seeks its unrestricted
use and termination of the permit.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted in Building 133
shows that such activities involved use
of the following radionuclides with halflives greater than 120 days: Thorium
232. Prior to performing the final status
survey, the Navy conducted
decontamination activities, as
necessary, in the areas of Building 133
affected by these radionuclides.
The Navy conducted a final status
survey in May 2006. This survey
covered Building 133 and,
conservatively, the LLRW storage room
in Building 134 and the Outside LLRW
Storage Pad. The final status survey
report was attached to the Navy’s
request for permit amendment approval
dated May 21, 2006. The Navy elected
to demonstrate compliance with the
radiological criteria for unrestricted
release as specified in 10 CFR 20.1402
by developing a derived concentration
guideline level (DCGL) for thorium of
450 disintegrations per minute gross
alpha activity per 100 squarecentimeters area (a dpm/100 cm2) for
Building 133. The past history of
Building 133 suggests that use of a
surface criterion is appropriate. The
Navy developed their final DCGL by
utilizing the DANDD code and its
default industrial scenario to calculate
the ‘‘default’’ DCGL for thorium. The
Navy then utilized the suggested
resuspension factor in NUREG–1720
‘‘Re-Evaluation of the Indoor
Resuspension Factor for the Screening
Analysis of the Building Occupancy
Scenario for NRC’s License Termination
Rule—Draft Report’’ to calculate a sitespecific DCGL. The Navy developed a
ratio of the default resuspension value
in the code and the re-evaluated value
from draft NUREG–1720 and multiplied
the ‘‘default’’ DCGL for thorium by this
ratio to result in a site-specific 450 a
dpm/100 cm2 DCGL for thorium. The
Navy thus determined the maximum
amount of residual radioactivity on
building surfaces, equipment, materials,
and soils that will satisfy the NRC
requirements in Subpart E of 10 CFR
Part 20 for unrestricted release. The
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
NRC reviewed the Navy’s methodology
and proposed DCGL, and concluded
that the proposed DCGL is acceptable
for use as release criteria for Building
133. The Navy’s final status survey
results were below this DCGL, and are
thus 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. The staff finds there
were no significant environmental
impacts from the Facility’s use of
radioactive material. 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
Building 133. 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 Building 133 for unrestricted
use and the termination of the Navy’s
materials permit is in compliance with
10 CFR 20.1402. Based on its review,
the staff considered the impact of the
residual radioactivity at Building 133
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 Navy’s final status
survey data confirmed that Building 133
meets the requirements of 10 CFR
20.1402 for unrestricted release and for
permit termination. 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\15MYN1.SGM
15MYN1
Federal Register / Vol. 73, No. 95 / Thursday, May 15, 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 North
Carolina Department of Environment
and Natural Resources, Radioactive
Materials Branch for review on February
13, 2008. On February 14, 2008, the
North Carolina Department of
Environment and Natural Resources
responded by e-mail. 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.
mstockstill on PROD1PC66 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–1720, ‘‘Re-Evaluation of
the Indoor Resuspension Factor for the
VerDate Aug<31>2005
16:18 May 14, 2008
Jkt 214001
Screening Analysis of the Building
Occupancy Scenario for NRC’s License
Termination Rule—Draft Report;’’
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;’’
5. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities’’ Volumes
1–3 (ML042310492, ML042320379, and
ML042330385);
6. NRC License No. 45–23645–01NA
inspection and licensing records.
7. Department of the Navy,
Termination of Naval Radioactive
Materials Permit No. 32–65923–S1NP
issued to Naval Air Depot, Cherry Point,
North Carolina, dated March 17, 2006
(ML060890561); and
8. Department of the Navy, Request
Assistance in Preparing an
Environmental Assessment for
Termination of Naval Radioactive
Materials Permit No. 32–65923–S1NP
issued to Naval Air Depot, Cherry Point,
North Carolina, dated May 21, 2007
(ML071450474).
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 King of Prussia, Pennsylvania this
8th day of May 2008.
For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Security and Industrial Branch,
Division of Nuclear Materials Safety, Region
I.
[FR Doc. E8–10860 Filed 5–14–08; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
28173
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–305]
Dominion Energy Kewaunee, Inc;
Notice of Withdrawal of Application for
Amendment to Facility Operating
License
The U.S. Nuclear Regulatory
Commission (the Commission) has
granted the request of Dominion Energy
Kewaunee, Inc. (the licensee), to
withdraw its November 9, 2007
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML073180499),
application for proposed amendment to
Facility Operating License No. DPR–43
for the Kewaunee Power Station (KPS),
located in Kewaunee County,
Wisconsin.
The proposed amendment would
have revised the license to allow the use
of a methodology not currently
approved for use at KPS for performing
the seismic qualification analysis of the
auxiliary building crane.
The Commission had previously
issued a Notice of Consideration of
Issuance of Amendment published in
the Federal Register on December 18,
2007 (72 FR 71707). However, by letter
dated April 11, 2008 (ADAMS
Accession No. ML081050011), the
licensee withdrew the proposed change.
For further details with respect to this
action, see the application for
amendment dated November 9, 2007,
and the licensee’s letter dated April 11,
2008, which withdrew the application
for license amendment. Documents may
be examined, and/or copied for a fee, at
the NRC’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agencywide Documents Access and
Management Systems (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm.html. Persons
who do not have access to ADAMS or
who encounter problems in accessing
the documents located in ADAMS
should contact the NRC PDR Reference
staff by telephone at 1–800–397–4209,
or 301–415–4737 or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland, this 9th day
of May 2008.
Frm 00076
Fmt 4703
Sfmt 4703
E:\FR\FM\15MYN1.SGM
15MYN1
]]>Agencies
[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Notices]
[Pages 28171-28173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10860]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-29462]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact Related to the Approval for the Department of the
Navy To Issue an Amendment to a Materials Permit for the Unrestricted
Release of Building 133 at the Naval Air Depot in Cherry Point, North
Carolina, Under Byproduct Materials License No. 45-23645-01NA
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Orysia Masnyk Bailey, Health
Physicist, Materials Security & Industrial Branch, Division of Nuclear
Materials Safety, Region I, 475 Allendale Road, King of Prussia,
Pennsylvania, 19406; phone number (864) 427-1032; fax number (610) 680-
3497; or by e-mail: omm@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering
[[Page 28172]]
allowing the Department of the Navy (Navy) to issue an amendment to a
materials permit in accordance with NRC Byproduct Materials License No.
45-23645-01NA. The NRC approval would authorize the Navy to release,
for unrestricted use, Building 133 at the Naval Air Depot in Cherry
Point, North Carolina. The Navy requested this action in a letter dated
May 21, 2006. 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
proposed action will be taken 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 Navy's May 21, 2006, request
to release Building 133 at the Naval Air Depot in Cherry Point, North
Carolina (the Facility), for unrestricted use.
Building 133 is a one-story open structure used for repair and
maintenance of aircraft engines. This Facility is located within a
secure military base in a rural area, and use of licensed materials was
confined to three shop areas: the Aircraft and Component Clean, Strip,
and Corrosion Control Shop; the Machine Repair Power Plant Shop; and
the Engine Parts Repair Shop. Each shop maintained dedicated, marked 55
gallon drums for storage of low level radioactive waste (LLRW)
generated from Mg-Th operations. At the end of each shift in which Mg-
Th maintenance was performed, areas were cleaned with dedicated shop
vacuums equipped with HEPA filters. Mg-Th components were cleaned in an
enclosed parts washer to prevent the spread of contamination.
In March 2006, the Navy ceased licensed activities at the Facility,
and initiated a survey and decontamination of Building 133. Based on
the Navy's historical knowledge of the site and the conditions of
Building 133, the Navy determined that only routine decontamination
activities, in accordance with their NRC-approved, operating radiation
safety procedures, were required. The Navy was not required to submit a
decommissioning plan to the NRC because worker cleanup activities and
procedures were consistent with those approved for routine operations.
The Navy conducted Facility surveys and provided information to the NRC
to demonstrate that it meets the criteria in Subpart E of 10 CFR Part
20 for unrestricted release and for permit termination.
Need for the Proposed Action
The Navy is requesting approval of this permitting action because
it has ceased conducting licensed activities at its Facility, and seeks
its unrestricted use and termination of the permit.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted in Building
133 shows that such activities involved use of the following
radionuclides with half-lives greater than 120 days: Thorium 232. Prior
to performing the final status survey, the Navy conducted
decontamination activities, as necessary, in the areas of Building 133
affected by these radionuclides.
The Navy conducted a final status survey in May 2006. This survey
covered Building 133 and, conservatively, the LLRW storage room in
Building 134 and the Outside LLRW Storage Pad. The final status survey
report was attached to the Navy's request for permit amendment approval
dated May 21, 2006. The Navy elected to demonstrate compliance with the
radiological criteria for unrestricted release as specified in 10 CFR
20.1402 by developing a derived concentration guideline level (DCGL)
for thorium of 450 disintegrations per minute gross alpha activity per
100 square-centimeters area ([alpha] dpm/100 cm\2\) for Building 133.
The past history of Building 133 suggests that use of a surface
criterion is appropriate. The Navy developed their final DCGL by
utilizing the DANDD code and its default industrial scenario to
calculate the ``default'' DCGL for thorium. The Navy then utilized the
suggested resuspension factor in NUREG-1720 ``Re-Evaluation of the
Indoor Resuspension Factor for the Screening Analysis of the Building
Occupancy Scenario for NRC's License Termination Rule--Draft Report''
to calculate a site-specific DCGL. The Navy developed a ratio of the
default resuspension value in the code and the re-evaluated value from
draft NUREG-1720 and multiplied the ``default'' DCGL for thorium by
this ratio to result in a site-specific 450 [alpha] dpm/100 cm\2\ DCGL
for thorium. The Navy thus determined the maximum amount of residual
radioactivity on building surfaces, equipment, materials, and soils
that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20
for unrestricted release. The NRC reviewed the Navy's methodology and
proposed DCGL, and concluded that the proposed DCGL is acceptable for
use as release criteria for Building 133. The Navy's final status
survey results were below this DCGL, and are thus 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. The staff finds there were no significant
environmental impacts from the Facility's use of radioactive material.
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 Building 133. 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 Building 133 for
unrestricted use and the termination of the Navy's materials permit is
in compliance with 10 CFR 20.1402. Based on its review, the staff
considered the impact of the residual radioactivity at Building 133 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 Navy's final
status survey data confirmed that Building 133 meets the requirements
of 10 CFR 20.1402 for unrestricted release and for permit termination.
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 28173]]
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 North
Carolina Department of Environment and Natural Resources, Radioactive
Materials Branch for review on February 13, 2008. On February 14, 2008,
the North Carolina Department of Environment and Natural Resources
responded by e-mail. 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. NUREG-1720, ``Re-Evaluation of the Indoor Resuspension Factor
for the Screening Analysis of the Building Occupancy Scenario for NRC's
License Termination Rule--Draft Report;''
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;''
5. NUREG-1496, ``Generic Environmental Impact Statement in Support
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities'' Volumes 1-3 (ML042310492, ML042320379,
and ML042330385);
6. NRC License No. 45-23645-01NA inspection and licensing records.
7. Department of the Navy, Termination of Naval Radioactive
Materials Permit No. 32-65923-S1NP issued to Naval Air Depot, Cherry
Point, North Carolina, dated March 17, 2006 (ML060890561); and
8. Department of the Navy, Request Assistance in Preparing an
Environmental Assessment for Termination of Naval Radioactive Materials
Permit No. 32-65923-S1NP issued to Naval Air Depot, Cherry Point, North
Carolina, dated May 21, 2007 (ML071450474).
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 King of Prussia, Pennsylvania this 8th day of May 2008.
For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Security and Industrial Branch, Division of Nuclear Materials
Safety, Region I.
[FR Doc. E8-10860 Filed 5-14-08; 8:45 am]
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