[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Notices]
[Pages 75653-75656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32146]
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NUCLEAR REGULATORY COMMISSION
[Docket: 030-19913]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment for Enviro-Test
Laboratories, Casper, WY
AGENCY: Nuclear Regulatory Commission (NRC).
ACTION: Notice of Environmental Assessment and Finding of No
Significant Impact.
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FOR FURTHER INFORMATION CONTACT: Robert J. Evans, Senior Health
Physicist, Fuel Cycle and Decommissioning Branch, Division of Nuclear
Materials Safety, Region IV Office, U.S. Nuclear Regulatory Commission,
Arlington, Texas 76011. Telephone: (817) 860-8234; fax number: (817)
860-8188; e-mail [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
approval of Enviro-Test Laboratories' (the licensee's) decommissioning
plan for its former laboratory facility located in Casper, Wyoming, and
terminating NRC Materials License 49-21194-01. Enviro-Test Laboratories
(the licensee) submitted a decommissioning plan (DP) to the U.S.
Nuclear Regulatory Commission (NRC) by letter dated October 1, 2002.
The licensee subsequently submitted supplemental information by letters
dated June 2 and July 18, 2003. The licensee's request for the proposed
action was previously noticed in the Federal Register on June 24, 2003
(68 FR 37572), with a notice of an opportunity to request a hearing and
an opportunity to provide comments on the action and its environmental
impacts. No requests for hearing or comments were received.
The licensee requested that its former laboratory in Casper,
Wyoming, be released for unrestricted use. The NRC has prepared an
Environmental Assessment (EA) in support of these actions in accordance
with the
[[Page 75654]]
requirements in 10 CFR Part 51. Based on the EA, the NRC has concluded
that a Finding of No Significant Impact (FONSI) is appropriate. The
amendment will be issued following publication of this notice.
II. Environmental Assessment
A. Proposed Action
The proposed action is to release for unrestricted use the former
laboratory located in Casper, Wyoming. This would be accomplished by
license amendment to terminate NRC Materials License 49-21194-01 upon
NRC approval that the site meets its standards for unrestricted release
as specified in 10 CFR part 20.
B. Need for Proposed Action
The licensee needs to have the site removed from its license
because it no longer plans to conduct NRC-licensed activities at this
location. Further, if the amendment request is approved, the licensee
would then be in compliance with the Timeliness Rule requirements of 10
CFR 30.36, ``Expiration and Termination of Licenses and Decommissioning
of Sites and Separate Buildings or Outdoor Areas.''
C. Facility Description/History
Chemical and Geological Laboratories, the original licensee,
received NRC Materials License 49-21194-01 during February 1983. Core
Laboratories became the licensee during July 1987 followed by Enviro-
Test Laboratories during November 2000. Amendment 6 dated August 26,
2003, authorizes Enviro-Test Laboratories to possess small quantities
of tritium, byproduct material, special nuclear material, and uranium
mill tailings at its Casper, Wyoming, facility. The authorized uses
included environmental and bioassay sampling, possession of laboratory
standards and calibration sources, and evaluation of sealed source leak
tests.
The licensee also conducted tests of non-radiological samples.
According to information provided by the licensee, the laboratory was
used for a broad range of analytical tests for metals, inorganic water
parameters, organics, and petroleum products. There was also a coal
analysis lab in part of the facility for a period of time. The licensee
possessed and used a wide range of chemicals and standards to support
these analytical tests.
The licensee halted operations in July 2002 and subsequently
initiated decommissioning activities, which they completed in October
2002. Enviro-Test Laboratories submitted a DP to the NRC by letter
dated October 1, 2002. The licensee submitted supplemental DP
information by letters dated June 2 and July 18, 2003. In addition, the
licensee submitted an NRC Form 314, ``Certificate of Disposition of
Materials,'' dated January 31, 2003, requesting termination of its
radioactive materials license following the NRC's release of the
property for unrestricted use.
The laboratory is located at 420 West First Street in Casper,
Wyoming. The legal description of the property is: Lots 26-34
inclusive, Block 7, Midwest Addition to the City of Casper.
D. Radiological Status
The licensee possessed small quantities of numerous radionuclides
in both sealed and unsealed form. The licensee possessed about 30
alpha-emitting radionuclides and 49 beta-gamma emitting radionuclides
at time of closure. The predominant alpha-emitting radionuclide was
thorium-230 based on the total radioactivity in the licensee's
inventory. The licensee calculated that 49 percent of the total alpha
activity was a result of thorium-230. The predominant beta-gamma
emitting radionuclide was strontium-90 at 43.4 percent.
As part of the decommissioning process, the licensee disposed or
transferred all remaining radioactive material. Some of the radioactive
calibration standards and sources were transferred to one of three NRC
or state licensed laboratories. The remainder of the radioactive
material was drummed for disposal at a commercial low-level waste
disposal facility.
The licensee submitted final status survey information to the NRC
in its initial DP submittal dated October 1, 2002. The licensee's final
status survey consisted of fixed (total surface) contamination surveys,
removable contamination surveys, ambient gamma exposure rate
measurements, and limited soil and water sampling.
The NRC conducted a confirmatory radiological survey of the
laboratory during June 17-18, 2003. The NRC determined that the former
soil preparation room required additional remediation. In response to
the NRC's findings, the licensee conducted additional decommissioning
activities during early July 2003. Additional final status survey
information was provided in the licensee's third DP submittal dated
July 18, 2003. The NRC conducted a second confirmatory survey on August
5, 2003. The results of the two NRC confirmatory surveys are provided
in NRC Inspection Report 030-19913/2003-01. A detailed analysis of the
licensee's final status survey report and the NRC's confirmatory survey
will be included in the NRC's Safety Evaluation Report that will be
used to support the termination of the license.
E. Alternatives
The licensee seeks NRC approval of a license amendment request as
submitted. The alternative available to the NRC to the proposed action
is to take no action by denying the amendment request. The no-action
alternative is not a feasible alternative 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, and to request termination of their radioactive materials
license. One potential impact from the no action alternative would be
to restrict potential benefits from future uses of the site. Based on
the analysis in this EA, which demonstrates that the licensee has met
the license termination requirements in 10 CFR 20.1402, and NRC's
statutory mission to protect public health and safety, the NRC has
determined the no-action alternative is not reasonable. Therefore, the
no-action alternative is eliminated from further consideration in this
EA.
F. Affected Environment
The laboratory was a 14,000-square foot (1301-square meter)
facility comprised of three original buildings that had been connected
in various remodeling projects over the past 20 years. The affected
environment for the Proposed Action (NRC approval of the license
amendment request) would be the interior of the building and the
immediate vicinity of the building.
The former laboratory building is located in an industrial/
commercial area of Casper with no residences immediately adjacent to
the site. There are no streams or ponds on site property, although the
North Platte River is located about 200 meters from the site property.
Since the site is located within the city limits of Casper, municipal
water is supplied to the former laboratory and nearby businesses.
G. Environmental Impacts
1. Occupational and Public Health Impacts
Proposed Action. The radiological criteria for unrestricted use is
provided in 10 CFR 20.1402. This regulation states that a site will be
considered acceptable for unrestricted use if the residual
radioactivity that is distinguishable from background radiation results
in a total effective dose equivalent to an average member of the
[[Page 75655]]
public that does not exceed 25 millirems (0.25 mSv) per year, including
that from groundwater sources of drinking water, and that the residual
radioactivity has been reduced to levels that are as low as reasonably
achievable (ALARA).
Current NRC guidance (Section 2.5 of NUREG-1757, Volume 2,
``Consolidated NMSS Decommissioning Guidance'') recommends that
licensees demonstrate compliance with the dose criteria by using dose
modeling or derived concentration guideline levels (DCGLs) and final
status survey results. The licensee's request to release the site for
unrestricted use is based, in part, on dose modeling calculations
conducted using the NRC-approved DandD and RESRAD computer codes. The
licensee used the DandD code (Version 2.1.0) to model the annual dose
to members of the public inside of the building. The licensee also used
the RESRAD computer code (Version 6.21) to model the annual dose to
members of the public outside of the building. The code inputs included
information obtained during the licensee's performance of the final
radiological status survey, i.e., measured radioactivity at the site.
The code outputs were then compared to the 25-millirem dose criteria.
Using the DandD building occupancy scenario, the licensee conducted
two analyses, one for all alpha-emitting radionuclides and the second
for all beta-emitting radionuclides. The licensee used DandD's default
parameters for both analyses. The licensee prorated the radionuclides
based on the total activity in inventory at the time of facility
closure. The licensee used 29 alpha-emitting radionuclides in the first
analysis and 50 beta-gamma emitting radionuclides (including yttrium-
90) in the second analysis. The calculated total dose from all pathways
was 9.88 millirems for alpha-emitting radionuclides and 12.4 millirems
for beta-gamma emitting radionuclides. The combined total of the two
analyses was 22.28 millirems per year, a dose that is below the 25-
millirem limit.
The licensee also conducted an analysis using RESRAD for
radionuclides that may be in the soil in the vicinity of the building.
The licensee sampled the soil and determined that the soil contained
measurable amounts of uranium, thorium, and radium. The inputs into
RESRAD included radium-228 and thorium-232 because the licensee could
not determine a background concentration for these radionuclides. The
licensee did not include uranium and radium-226 in the RESRAD program
because sample analyses indicated that these two radionuclides were at
or below background levels. The licensee used the default RESRAD
program parameters. The calculated maximum dose was 15.08 millirems per
year, a dose rate below the 25-millirem per year limit. [Since DandD
and RESRAD have different occupancy factors, it is not appropriate to
add the building occupancy results and outdoor exposure results
together. The DandD and RESRAD results are individually compared to the
25-millirem limit.]
During a portion of laboratory decommissioning, the licensee
monitored worker exposures to radioactive materials. Occupational
exposure records were reviewed during the June 2003 inspection (NRC
Inspection Report 030-19913/2003-001). As noted in the Inspection
Report, records for 2002 (the time frame when decommissioning was
conducted) were not always available. The NRC staff believes, based on
exposure and environmental records for 1998-2001, that worker exposure
to radioactive materials was most likely well below the NRC's annual
total effective dose equivalent limit during decommissioning
activities.
In summary, the licensee's final status survey results indicate
that annual doses to occupants of the building and annual doses to
members of the public located outdoors will be less than the NRC's
radiological criteria for unrestricted use of the facility. Since the
licensee used the default values for both computer codes, then the
calculated results are considered conservative. No cumulative impacts
or impacts of a non-radiological nature were identified in connection
with the proposed action.
2. Environmental Resource Impacts
Proposed Action. The licensee conducted studies to demonstrate that
the area around and under the former laboratory had not been
contaminated with radioactive material. The licensee collected soil
samples from around the building for analysis. The sample results
revealed detectable amounts of radioactive lead, radium, thorium, and
uranium at or near background levels. These sample results could be
representative of naturally occurring radionuclides in the soil. No
man-made gamma emitting radionuclides were identified, including
cobalt-60 and cesium-137. In summary, the soil sample results suggest
that all radionuclides were undetectable or were at naturally occurring
background levels.
The licensee conducted a study to determine if there had been any
contamination of soil or groundwater as a result of a leaking sump that
was repaired during 1996. The study was conducted prior to start of
decommissioning but was included in the DP submittal. The sample
results identified radioactivity at background levels. The study
concluded that the sump had not leaked detectable quantities of
licensed radioactive material into the environs of the site.
The property owner (not the same entity as the licensee) conducted
sampling of the former sump during September 2001. During drilling
operations, groundwater was encountered at approximately 10.5 feet
below the surface. The data presented in the owner's TriHydro
Corporation report dated November 29, 2001, indicated that soils in the
area of the sump did not display elevated concentrations of any
constituent, except non-radioactive mercury which is not regulated by
the NRC. The report documents that mercury was identified in the 0-4
foot sample at 95.6 mg/kg. The State of Wyoming's residential soil
cleanup level is 23 mg/kg for mercury. The NRC does not have the
regulatory authority to address the report of mercury contamination. As
such, notification to the State of Wyoming was made by letter dated
November 4, 2003. If the proposed action is implemented, any existing
mercury in site soils would be part of the property that is released
from NRC's license conditions.
Current regulations allow licensees to dispose of radioactive
material through the sanitary sewer system as long as the concentration
limits provided in 10 CFR Part 20, Appendix B, Table 3, ``Release to
Sewers,'' are not exceeded. The NRC conducted routine inspections of
the facility, and waste disposal records were reviewed during these
inspections. The NRC inspectors did not identify any violations of this
regulation, suggesting that the licensee's waste disposal practices
were in accordance with license and regulatory requirements.
During the confirmatory survey of the laboratory, the NRC inspector
surveyed the exterior of the building for ambient gamma exposure rates
and sampled for total (fixed and removable) contamination at selected
exterior surfaces. The only area that exhibited an elevated gamma
exposure rate was a ventilation duct that exited the building from the
former soil preparation room. This room was subsequently remediated a
second time by the licensee. No other area, including adjacent land
areas, exhibited elevated gamma exposure rates. In addition, no
exterior surface contamination sample exhibited an
[[Page 75656]]
elevated level of radioactivity. The NRC's confirmatory survey
confirmed that the building exterior and the grounds around the
building were not contaminated with radioactive material.
Other than the presence of mercury in the former sump area in the
rear of the building as discussed previously, no impacts of a non-
radiological nature were identified in connection with the proposed
action. No cumulative impacts were identified.
H. Agencies and Persons Consulted and Sources Used
The NRC staff have determined that the proposed action will not
affect listed species or critical habitat. Therefore, no further
consultation is required under Section 7 of the Endangered Species Act.
Likewise, NRC staff have 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.
The NRC consulted with the State of Wyoming on this EA. The State
provided one comment regarding verification of waste disposal. The
licensee subsequently provided documentation from the waste broker
dated January 3, 2003, confirming that the radioactive wastes had been
disposed in a state-licensed commercial waste facility in Richland,
Washington.
I. Conclusion
Based on its review, the NRC staff has concluded that the
environmental impacts associated with the proposed action do not
warrant denial of the license amendment request. The NRC staff believes
that the proposed action will result in minimal environmental impacts.
The staff has determined that the proposed action, approval of the
license amendment request to release the facility for unrestricted use,
is the appropriate alternative for selection.
J. List of Preparers
This Environmental Assessment was prepared by Robert Evans, Senior
Health Physicist, Fuel Cycle & Decommissioning Branch, Division of
Nuclear Materials Safety, Region IV, and reviewed by Dr. D. Blair
Spitzberg, Chief, Fuel Cycle & Decommissioning Branch.
K. References
1. Enviro-Test Laboratories' Decommissioning Plan submittal
dated October 1, 2002 (ML023190414, ML023190459, ML023190486,
ML023190490, ML023190561, ML023220067, ML023220319, and ML023220321;
restricted access due to personal privacy information being
included).
2. NRC letter to Enviro-Test Laboratories dated January 28,
2003, Completeness Review of Decommissioning Plan (ML030280684).
3. Enviro-Test Laboratories' Certificate of Disposition of
Materials dated January 31, 2003 (ML031750843).
4. Enviro-Test Laboratories' second Decommissioning Plan
submittal dated June 2, 2003, Additional Information for
Decommissioning Activities (ML031550560, ML031550604, ML031550624,
and ML031550645).
5. NRC letter to Enviro-Test Laboratories dated June 11, 2003,
Acknowledgment of Receipt of Decommissioning Plan (ML031621024).
6. NRC Notice of Consideration of Amendment Request for Enviro-
Test Laboratories dated June 16, 2003 (ML031671353).
7. Enviro-Test Laboratories' third Decommissioning Plan
submittal dated July 18, 2003, Site Closure Plan (ML032030605,
ML032030619, ML032030621, ML032030623, ML032050081, and
ML032050108).
8. Oak Ridge Institute for Science and Education letter to NRC
dated August 6, 2003, Revision to Analytical Results for Smear
Results (ML032650667).
9. NRC Inspection Report 030-19913/2003-01 dated September 24,
2003 (ML032671377).
10. TriHydro Corporation Report to Gene George dated November
29, 2001 (ML033070386).
11. State of Wyoming, Office of Homeland Security, letter to NRC
dated November 17, 2003, RE: Request for Comments Regarding the
Environmental Assessment for Decommissioning of the Enviro-Test
Laboratories Facility dated November 4, 2003 (ML033280170).
12. Environmental Management and Controls, Inc. letter to
Enviro-Test Laboratories dated January 3, 2003, regarding disposal
of radioactive wastes (ML033420169).
III. Finding of No Significant Impact
Based on the environmental assessment, the staff concludes that
the proposed action will not have a significant effect 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 documents related to this proposed action, including the
application for the license amendment and supporting documentation,
are available for inspection at NRC's Public Electronic Reading Room
at http://www.nrc.gov/reading-rm/adams.html, at the ADAMS Accession
Nos. listed with the documents. These documents may also be viewed
electronically on the public computers located at the NRC's Public
Document Room (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 Arlington, Texas, this 15th day of December, 2003.
For the Nuclear Regulatory Commission.
D. Blair Spitzberg,
Chief, Fuel Cycle Decommissioning Branch, Division of Nuclear Materials
Safety Region IV.
[FR Doc. 03-32146 Filed 12-30-03; 8:45 am]
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