[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Notices]
[Pages 43234-43235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18412]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-08631]
Environmental Assessment and Finding of No Significant Impact
Related to Issuance of a License Amendment of U.S. Nuclear Regulatory
Commission Byproduct Material License No. 32-14048-04; U.S.
Environmental Protection Agency
I. Summary
The U.S. Nuclear Regulatory Commission (NRC) is considering
amending Byproduct Material License No. 32-14048-04 to authorize the
release of one of the licensee's facilities in Research Triangle Park,
North Carolina for unrestricted use and has prepared an Environmental
Assessment (EA) and Finding of No Significant Impact (FONSI) in support
of this action.
The NRC has reviewed the results of the final survey of the
Environmental Protection Agency facility in Research Triangle Park,
North Carolina, and has performed an in-process inspection and
confirmatory survey. The Environmental Protection Agency (EPA) was
authorized by NRC from June 6, 1972, to the present to use radioactive
materials for research and development purposes at various sites in the
Research Triangle Park area in North Carolina. The main isotopes of
interest are carbon 14, cadmium 109, natural uranium, and tritium. By
letter dated November 11, 1999, the EPA notified the NRC of its plans
to vacate the Environmental Research Center (ERC). In January 2001, the
EPA published a Final Finding of No Significant Impact and Programmatic
Assessment for Remediation and Decontamination of EPA's Research
Triangle Park, North Carolina facilities. The EPA has conducted surveys
of the facility and determined that the facility meets the license
termination criteria in Subpart E of 10 CFR part 20. The NRC staff has
evaluated the EPA's request, results of the survey and submitted
documentation, has performed an in-process inspection and confirmatory
survey, and has developed an EA in accordance with the requirements of
10 CFR part 51. Based on the staff evaluation, the conclusion of the EA
is a Finding of No Significant Impact on human health and the
environment for the proposed licensing action.
II. Environmental Assessment
Introduction
The EPA has requested release, for unrestricted use, of their
building located at 86 T.W. Alexander Drive in Research Triangle Park,
North Carolina, as authorized for use by NRC License No. 32-14048-04.
This license was issued on June 6, 1972, and amended periodically since
that time. NRC-licensed activities performed at the ERC were limited to
laboratory procedures typically performed on bench tops and in hoods.
No outdoor areas were affected by the use of licensed materials.
Licensed activities ceased in February 2003, with the exception of the
performance of surveys to determine the final status of the facility
which were concluded in May 30, 2003. Based on the licensee's
historical knowledge of the sites and the condition of the facility,
the licensee determined that only routine decontamination activities,
in accordance with licensee radiation safety procedures, were required.
The licensee surveyed the facility and provided documentation that the
facility meets the license termination criteria specified in Subpart E
of 10 CFR part 20, ``Radiological Criteria for License Termination.''
NRC staff performed an in-process inspection and confirmatory survey.
Proposed Action
The proposed action is to amend NRC Radioactive Materials License
No. 32-14048-04 to release the ERC located at 86 T.W. Alexander Drive
in Research Triangle Park, North Carolina, for unrestricted use. By
letter dated June 26, 2003, the EPA provided survey results which
demonstrate that the ERC is in compliance with the radiological
criteria for license termination in Subpart E of 10 CFR part 20,
``Radiological Criteria for License Termination.'' These results were
confirmed during an in-process inspection performed by NRC staff.
Purpose and Need for the Proposed Action
The purpose of the proposed action is to release the ERC located at
86 T.W. Alexander Drive in Research Triangle Park, North Carolina, for
unrestricted use and to amend the EPA license to remove this facility
as an authorized location of use. This will allow the EPA to
discontinue leasing the building. The need for the proposed action is
to comply with NRC regulations and the Timeliness Rule. NRC is
fulfilling its
[[Page 43235]]
responsibilities under the Atomic Energy Act to make a decision on a
proposed license amendment for release of facilities for unrestricted
use that ensures protection of the public health and safety and
environment.
Alternatives to the Proposed Action
The only alternative to the proposed action of amending the license
and release of the ERC for unrestricted use is no action. The no-action
alternative is not acceptable because it will result in violation of
NRC's Timeliness Rule (10 CFR 30.36), which requires licensees to
decommission their facilities when licensed activities cease. The
licensee does not plan to perform any activities with licensed
materials at this location. Maintaining the area under a license would
reduce options for future use of the property and cause the EPA to
continue leasing a building for which it has no more use.
The Affected Environment and Environmental Impacts
The NRC staff has reviewed the survey results provided by the EPA
to demonstrate compliance with 10 CFR 20.1402 license termination
criteria and the EPA's published EA and FONSI. Based on its review, and
on the results of the NRC inspection and confirmatory survey, the staff
has determined that the affected environment and environmental impacts
associated with the decommissioning of the EPA's ERC 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 Facilities'' (NUREG-1496). The staff also finds that
the proposed decommissioning of the EPA's ERC is in compliance with 10
CFR 20.1402, the radiological criteria for unrestricted use.
The ERC is a multilevel facility constructed of concrete-reinforced
steel, with a brick exterior and flat roof. It contains 253,390 net
square feet of space and consists of buildings, greenhouses, storage
sheds, cooling towers, storage tanks, groundwater monitoring wells,
air-conditioning units, parking lots, and property related articles.
Radioactive materials were primarily used in laboratories on lab
benches and within fume hoods. The ERC is located within a portion of
Durham County with covenants in place that specify that only research
be conducted within the facilities located therein.
Licensed material has been disposed of or transferred to the
licensee's new facility with the one exception of a sea/land cargo box
containing packaged radioactive waste containers. The license will not
be amended until this container has been transferred to the EPA's new
facility. The licensee's documentation indicates that no contamination
exists above the limits for unconditional release. All of these
activities were performed as authorized by the operating license.
Agencies and Persons Contacted and Sources Used
This EA was prepared by NRC Staff using information provided by the
EPA. The North Carolina Department of Environment and Natural Resources
(NCDENR) was contacted for comment by the EPA and responded by letter
dated January 11, 2000. No opposition to the project was noted. The
North Carolina Department of Cultural Resources was also contacted by
the EPA and responded by letter dated February 11, 2000, with no
comment on the project. According to the National Register Information
System and the Durham County Historic Inventory, neither of the subject
facilities are registered as historic structures or historical areas,
and no areas of historical value appear to exist within a 1-mile radius
of the ERC.
Conclusion
Based on its review, the NRC staff has concluded that the proposed
action complies with 10 CFR part 20. NRC has prepared this EA in
support of the proposed license amendment to release the ERC for
unrestricted use. On the basis of the EA, NRC has concluded that the
environmental impacts from the proposed action are expected to be
insignificant and has determined that preparation of an environmental
impact statement for the proposed action is not required.
List of Preparers
Orysia Masnyk Bailey, Materials Licensing/Inspection Branch 1,
Division of Nuclear Materials Safety, Health Physicist.
List of References
1. NRC License No. 32-14048-04, Docket No. 030-08631 inspection
and licensing records.
2. EPA. ``Advance Notice of Program Change'' Letter dated from
J. Morris to NRC dated November 22, 1999.
3. EPA. ``Site Characterization/Final Status Report'' dated June
26, 2003.
4. Title 10 Code of Federal Regulations Part 20, Subpart E,
``Radiological Criteria for License Termination.''
5. Federal Register Notice, Volume 65, No. 114, page 37186,
dated Tuesday, June 13, 2000, ``Use of Screening Values to
Demonstrate Compliance With The Federal Rule on Radiological
Criteria for License Termination.''
6. Booz-Allen & Hamilton. ``Finding of No Significant Impact For
Remediation And Decontamination Of U.S. Environmental Protection
Agency's Research Triangle Park, North Carolina Facilities'' dated
January 2001. (ML031000189)
7. North Carolina Department of Environment and Natural
Resources. ``Rare Species, High Quality Communities, and Significant
Natural Heritage Areas at Three EPA Sites At Page Road and I-40 and
Alexander Drive, RTP, Durham County, North Carolina'' Letter from S.
Reece Giles to Booz-Allen & Hamilton, dated January 11, 2000.
8. North Carolina Department of Cultural Resources. ``Section
106 of the National Historic Preservation Act'' Letter from D. Brook
to Booz-Allen & Hamilton dated February 11, 2000.
9. NRC Inspection Report No. 32-14048-04/2001-001, March 3-7,
2003. (ML030930159)
III. Finding Of No Significant Impact
Based upon the environmental assessment, the staff concludes that
the proposed action will not have a significant impact on the quality
of the human environment. Accordingly, the staff has determined that
preparation of an environmental impact statement is not warranted.
IV. Further Information
The references listed above are available for public inspection and
may also be copied for a fee at the NRC's Public Document Room, located
at One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852. These documents are also available for public review through
ADAMS, the NRC's electronic reading room, at: http://www.nrc.gov/reading-rm/adams.htlm. Any questions with respect to this action should
be referred to Orysia Masnyk Bailey, Materials Licensing/Inspection
Branch 1, Division of Nuclear Materials Safety, U. S. Nuclear
Regulatory Commission, Region II, Suite 23T85, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-8931. Telephone 404-562-4739.
Dated at Atlanta, Georgia the 7th day of July, 2003.
For The U.S. Nuclear Regulatory Commission.
Douglas M. Collins,
Director, Division of Nuclear Materials Safety, Region II.
[FR Doc. 03-18412 Filed 7-18-03; 8:45 am]
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