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 5 at the Naval Air Warfare Center Weapons Division in China Lake, CA, Under Byproduct Materials License No. 45-23645-01NA, 39991-39993 [E8-15793]
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<![CDATA[
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices
longer be needed after the retirement of
the SSP. NASA believes that the
ultimate impact will be moderate
because, before any final decision is
made about demolishing or modifying
any facility, NASA will conduct an
appropriate level of environmental and
cultural resource analysis. If any such
properties are listed in or eligible for
listing in the National Register of
Historic Places, NASA will take no
action that would affect any such
property until the National Historic
Preservation Act Section 106 process is
complete.
On the basis of the evaluations
documented in the SSP T&R Final PEA,
the environmental impacts associated
with the proposed action would not
individually or cumulatively have a
significant impact on the quality of the
human environment. An Environmental
Impact Statement need not and will not
be prepared, and NASA is issuing this
Finding of No Significant Impact.
(Navy) to issue an amendment to a
materials permit which is governed by
the Navy’s Master Materials License No.
45–23645–01NA pursuant to 10 CFR
Part 30. The NRC approval would
authorize the Navy to release, for
unrestricted use, Building 5 (the
Facility), located at the Naval Air
Warfare Center Weapons Division in
China Lake, California. The Navy
requested this action in a letter dated
February 8, 2008. 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.
William H. Gerstenmaier,
Associate Administrator for Space
Operations.
[FR Doc. E8–15751 Filed 7–10–08; 8:45 am]
The materials permit for the Facility
(NRMP No. 04–68307–WINP) was
issued on August 7, 2003, and
authorized the use of carbon-14 for
preparation of radio-labeled derivatives
of an energetic material for analysis by
offsite laboratories. Additionally, bottles
of thorium-232 oxide powder and
uranium dioxide (limited to amounts of
15 grams and 100 grams, respectively)
were also stored at the Facility.
BILLING CODE 7510–13–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 5 at the Naval Air
Warfare Center Weapons Division in
China Lake, CA, 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:
pwalker on PROD1PC71 with NOTICES
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; telephone
(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
allowing the Department of the Navy
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17:19 Jul 10, 2008
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Background
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Navy’s February 8, 2008, request to
release Building 5 at the Naval Air
Warfare Center Weapons Division
(NAWC) in China Lake, California (the
Facility) for unrestricted use and the
termination of its materials permit.
NAWC China Lake is a 1.1 million
acre (1735 square mile) military
reservation in the upper Mojave Desert
of south central California. It is divided
into two major ranges, the North and
South Ranges. The Facility is located on
the North Range. The carbon-14 work
area was confined to a corner of Room
1613 within the Facility, with
dimensions of approximately 10 feet by
13 feet. The work area contained a table,
a bench counter containing a sink, an
adjoining bench counter, a fume hood,
and a table. Room 1613 is
approximately 18 feet by 30 feet by 15
feet high in the carbon-14 work area and
20 feet high on the opposite side of the
room.
In November 2005, the Navy ceased
licensed activities at the Facility and
initiated decontamination of Room
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Fmt 4703
Sfmt 4703
39991
1613. Scoping surveys were performed
in March 2004, April 2005, and
September 2006. Based on the Navy’s
historical knowledge of the site and the
results of the scoping surveys, 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 in September 2007, 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
the Facility and seeks its unrestricted
use and the termination of its materials
permit.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted in the Facility
shows that such activities involved use
of the following radionuclides with halflives greater than 120 days: Carbon-14
and thorium-232. Prior to performing
the final status survey, the Navy
conducted decontamination activities,
as necessary, in the areas of the Facility
affected by these radionuclides.
The Navy conducted a final status
survey in September 2007. This survey
covered building and work area surfaces
in the Facility. The final status survey
report was submitted by letter dated
February 8, 2008. For the carbon-14, the
Navy 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 Navy 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 Navy’s final
status survey results were below these
DCGLs and are in compliance with the
As Low As Reasonably Achievable
E:\FR\FM\11JYN1.SGM
11JYN1
pwalker on PROD1PC71 with NOTICES
39992
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices
(ALARA) requirement of 10 CFR
20.1402. The NRC thus finds that the
Navy’s final status survey results are
acceptable.
For the thorium-232, the Navy elected
to demonstrate compliance with the
radiological criteria for unrestricted
release as defined in 10 CFR 20.1402 by
developing a DCGL for thorium of 450
disintegrations per minute gross alpha
activity per 100 square-centimeters area
(a dpm/100cm2) for the Facility. The
past history of the Facility 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, and
materials that will satisfy the NRC
requirement 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 the Facility. 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
(ML042310492, ML042320379, and
ML042330385). The staff finds there
were no significant environmental
impacts from the use of radioactive
material in 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
VerDate Aug<31>2005
17:19 Jul 10, 2008
Jkt 214001
that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed
release of the Facility for unrestricted
use and the termination of the permit is
in compliance with 10 CFR 20.1402.
Based on its review, the staff considered
the impact of the residual radioactivity
in 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 Navy’s final status
survey data confirmed that the Facility
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
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
California Radiological Health Branch
for review on April 21, 2008. On April
21, 2008, the California Radiological
Health Branch 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
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
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.
NUREG–1757, (Consolidated NMSS
Decommissioning Guidance;’’
1. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
2. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations
3. 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,’’
5. 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,
6. NRC License No. 45–23645–01NA
inspection and licensing records,
7. Department of the Navy,
Termination of Naval Radioactive
Materials Permit No. 04–68937–W1NP
Issued to Naval Air Warfare Center
Weapons Division, China Lake, dated
October 27, 2006 (ML063190505),
8. Department of the Navy, Request
Assistance in Preparing an
Environmental Assessment to Release
Building 5, Michelson Laboratory, Room
1613, Naval Air Warfare Center
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Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices
Weapons Division, China Lake to
Unrestricted Use, dated February 8,
2008 (ML080650464), and
9. New World Technology, Final
Status Survey Report, Building 5,
Michelson Laboratory, Room 1613,
Naval Air Warfare Center Weapons
Division, China Lake, CA, dated
November 16, 2007 (ML080650470,
ML080650474, and ML080650481).
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
1st day of July 2008.
For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Materials Security and Industrial
Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E8–15793 Filed 7–10–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Notice of Issuance of Regulatory Guide
Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Regulatory Guide 6.5,
Revision 1.
AGENCY:
II. Further Information
FOR FURTHER INFORMATION CONTACT:
Mark Orr, Regulatory Guide
Development Branch, Division of
Engineering, Office of Nuclear
Regulatory Research, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 415–
6373 or e-mail to Mark.Orr@nrc.gov.
SUPPLEMENTARY INFORMATION:
pwalker on PROD1PC71 with NOTICES
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a revision
to an existing guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public information such
as methods that are acceptable to the
NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
VerDate Aug<31>2005
17:19 Jul 10, 2008
Jkt 214001
staff needs in its review of applications
for permits and licenses.
Revision 1 of Regulatory Guide 6.5,
‘‘General Safety Standards for
Installations Using Nonmedical Sealed
Gamma-Ray Sources,’’ was issued with
a temporary identification as Draft
Regulatory Guide DG–6006. This guide
directs the reader to the type of
information acceptable to the NRC staff
to approve the initial transfer of devices
containing byproduct material to
persons generally licensed under Title
10, Section 31.5, ‘‘Certain Detecting,
Measuring, Gauging, or Controlling
Devices, and Certain Devices for
Producing Light or an Ionized
Atmosphere,’’ of the Code of Federal
Regulations (10 CFR 31.5) or equivalent
regulations of an Agreement State.
The requirements for transferring
gamma-ray sources to general licensees
appear in 10 CFR 32.51, ‘‘Byproduct
Material Contained in Devices for Use
Under § 31.5; Requirements for License
to Manufacturer, or Initially Transfer’’.
One method of complying with the
requirements of 10 CFR 32.51 appears in
NUREG–1556, Volume 3, ‘‘Consolidated
Guidance about Materials Licenses:
Applications for Sealed Source and
Device Evaluation and Registration.’’
This regulatory guide endorses the
description of the information to be
submitted in the application for the
initial transfer and installation of sealed
gamma-ray sources contained in the
current revision of Volume 3 of
NUREG–1556 as a method acceptable to
the NRC staff.
In January 2008, DG–6006 was
published with a public comment
period of 60 days from the issuance of
the guide. No comments were received
and the public comment period closed
on April 18, 2008. Electronic copies of
Regulatory Guide 6.5, Revision 1 are
available through the NRC’s public Web
site under ‘‘Regulatory Guides’’ at
https://www.nrc.gov/reading-rm/doccollections/.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR), which is
located at Room O–1F21, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852–2738. The
PDR’s mailing address is USNRC PDR,
Washington, DC 20555–0001. The PDR
can also be reached by telephone at
(301) 415–4737 or (800) 397–4209, by
fax at (301) 415–3548, and by e-mail to
pdr@nrc.gov.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
PO 00000
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39993
Dated at Rockville, Maryland, this 3rd day
of July, 2008.
For the Nuclear Regulatory Commission.
Stephen C. O’Connor,
Acting Chief, Regulatory Guide Development
Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. E8–15787 Filed 7–10–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Notice of Issuance of Regulatory Guide
Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Regulatory Guide 10.5,
Revision 2.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Mark Orr, Regulatory Guide
Development Branch, Division of
Engineering, Office of Nuclear
Regulatory Research, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 415–
6373 or e-mail to Mark.Orr@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a revision
to an existing guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public information such
as methods that are acceptable to the
NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
Revision 2 of Regulatory Guide 10.5,
‘‘Applications for a Type A License of
Broad Scope,’’ was issued with a
temporary identification as Draft
Regulatory Guide DG–0015. This guide
directs the reader to the type of
information needed by the NRC staff to
evaluate an application for a Type A
license of broad scope for byproduct
material. Title 10, Part 33, ‘‘Specific
Domestic Licenses of Broad Scope for
Byproduct Material,’’ of the Code of
Federal Regulations (10 CFR Part 33)
regulates this type of license.
This regulatory guide endorses the
methods and procedures contained in
the current revision of NUREG–1556,
Volume 11, ‘‘Consolidated Guidance
about Materials Licenses: ProgramSpecific Guidance about Licenses of
Broad Scope,’’ as a process that the NRC
staff finds acceptable for meeting the
E:\FR\FM\11JYN1.SGM
11JYN1
]]>Agencies
[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Notices]
[Pages 39991-39993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15793]
=======================================================================
-----------------------------------------------------------------------
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 5 at the Naval Air Warfare Center Weapons Division
in China Lake, CA, 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; telephone (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
allowing the Department of the Navy (Navy) to issue an amendment to a
materials permit which is governed by the Navy's Master Materials
License No. 45-23645-01NA pursuant to 10 CFR Part 30. The NRC approval
would authorize the Navy to release, for unrestricted use, Building 5
(the Facility), located at the Naval Air Warfare Center Weapons
Division in China Lake, California. The Navy requested this action in a
letter dated February 8, 2008. 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.
Background
The materials permit for the Facility (NRMP No. 04-68307-WINP) was
issued on August 7, 2003, and authorized the use of carbon-14 for
preparation of radio-labeled derivatives of an energetic material for
analysis by offsite laboratories. Additionally, bottles of thorium-232
oxide powder and uranium dioxide (limited to amounts of 15 grams and
100 grams, respectively) were also stored at the Facility.
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve the Navy's February 8, 2008,
request to release Building 5 at the Naval Air Warfare Center Weapons
Division (NAWC) in China Lake, California (the Facility) for
unrestricted use and the termination of its materials permit.
NAWC China Lake is a 1.1 million acre (1735 square mile) military
reservation in the upper Mojave Desert of south central California. It
is divided into two major ranges, the North and South Ranges. The
Facility is located on the North Range. The carbon-14 work area was
confined to a corner of Room 1613 within the Facility, with dimensions
of approximately 10 feet by 13 feet. The work area contained a table, a
bench counter containing a sink, an adjoining bench counter, a fume
hood, and a table. Room 1613 is approximately 18 feet by 30 feet by 15
feet high in the carbon-14 work area and 20 feet high on the opposite
side of the room.
In November 2005, the Navy ceased licensed activities at the
Facility and initiated decontamination of Room 1613. Scoping surveys
were performed in March 2004, April 2005, and September 2006. Based on
the Navy's historical knowledge of the site and the results of the
scoping surveys, 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 in September 2007, 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 the Facility and seeks
its unrestricted use and the termination of its materials permit.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted in the
Facility shows that such activities involved use of the following
radionuclides with half-lives greater than 120 days: Carbon-14 and
thorium-232. Prior to performing the final status survey, the Navy
conducted decontamination activities, as necessary, in the areas of the
Facility affected by these radionuclides.
The Navy conducted a final status survey in September 2007. This
survey covered building and work area surfaces in the Facility. The
final status survey report was submitted by letter dated February 8,
2008. For the carbon-14, the Navy 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 Navy 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 Navy's final status survey
results were below these DCGLs and are in compliance with the As Low As
Reasonably Achievable
[[Page 39992]]
(ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the
Navy's final status survey results are acceptable.
For the thorium-232, the Navy elected to demonstrate compliance
with the radiological criteria for unrestricted release as defined in
10 CFR 20.1402 by developing a DCGL for thorium of 450 disintegrations
per minute gross alpha activity per 100 square-centimeters area
([alpha] dpm/100cm\2\) for the Facility. The past history of the
Facility 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, and materials that will satisfy the NRC requirement 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 the
Facility. 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 (ML042310492, ML042320379, and ML042330385).
The staff finds there were no significant environmental impacts from
the use of radioactive material in 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 and the termination of the permit is in compliance
with 10 CFR 20.1402. Based on its review, the staff considered the
impact of the residual radioactivity in 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 Navy's final
status survey data confirmed that the Facility 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 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
California Radiological Health Branch for review on April 21, 2008. On
April 21, 2008, the California Radiological Health Branch 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.
NUREG-1757, (Consolidated NMSS Decommissioning Guidance;''
1. Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
2. Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations
3. 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,''
5. 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,
6. NRC License No. 45-23645-01NA inspection and licensing records,
7. Department of the Navy, Termination of Naval Radioactive
Materials Permit No. 04-68937-W1NP Issued to Naval Air Warfare Center
Weapons Division, China Lake, dated October 27, 2006 (ML063190505),
8. Department of the Navy, Request Assistance in Preparing an
Environmental Assessment to Release Building 5, Michelson Laboratory,
Room 1613, Naval Air Warfare Center
[[Page 39993]]
Weapons Division, China Lake to Unrestricted Use, dated February 8,
2008 (ML080650464), and
9. New World Technology, Final Status Survey Report, Building 5,
Michelson Laboratory, Room 1613, Naval Air Warfare Center Weapons
Division, China Lake, CA, dated November 16, 2007 (ML080650470,
ML080650474, and ML080650481).
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 1st day of July
2008.
For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Materials Security and Industrial Branch, Division of Nuclear
Materials Safety, Region I.
[FR Doc. E8-15793 Filed 7-10-08; 8:45 am]
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