[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Notices]
[Pages 52141-52143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21886]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 030-34751]


VA Medical Center in Brooklyn, NY: License Amendment

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice Of Intent to Amend Byproduct Materials License for the 
St. Albans Extended Care Facility in Queens, NY: Environmental 
Assessment, Finding of No Significant Impact, and Opportunity for 
Hearing.

-----------------------------------------------------------------------

SUMMARY: The St. Albans Extended Care Center (ECC), operated by the 
Department of Veterans Affairs (VA) Medical Center in Brooklyn, was 
formerly a U.S. Navy hospital. The Navy was authorized by the U.S. 
Atomic Energy Commission under various licenses from 1956 through 1973 
to use radioactive materials for nuclear medicine purposes at the site. 
The Navy's license was terminated in 1973 based on previous 
contamination survey records. In the early 1990s the Nuclear Regulatory 
Commission (NRC) conducted a review of terminated licenses, in which 
the NRC's contractor, Oak Ridge National Laboratory, identified St. 
Albans as a formerly licensed site which should be reviewed to 
determine if residual contamination remained after the license was 
terminated. As a result of this review, strontium-90 (90Sr) and tritium 
(3H) contamination was identified in the former nuclear medicine 
facilities at St. Albans. In 1993 the U.S. Army Corps of Engineers (the 
Corps) stabilized the site, isolating the sewer lines and sealing the 
affected rooms. The Navy and the Corps conducted subsequent 
characterization surveys of the facilities, and in 1998 NRC issued a 
license to the VA for decommissioning of the facility. In 1999 the 
Corps submitted for the VA a decommissioning plan for the St. Albans 
facility proposing derived concentration guideline levels (DCGLs) for 
residual contamination values acceptable to release the facilities for 
unrestricted use and termination of the NRC license. The final 
decommissioning plan was submitted on July 7, 2000. NRC plans to amend 
the St. Albans license to incorporate acceptable DCGLs. Upon approval 
of this license amendment, residual contamination limits which satisfy 
the requirements of Subpart E, Title 10, Part 20 of the Code of Federal 
Regulations, will be applied to the license.

Introduction

    The St. Albans ECC incorporates 15 buildings on 55 acres located at 
179th Street and Linden Boulevard in Queens, NY. The affected area of 
the St. Albans ECC consists of the former nuclear medicine laboratory 
and associated rooms in the basement of one building, identified as 
Building 90. A Decommissioning Plan was developed for the VA Medical 
Center in Brooklyn by the Corps. The Corps is responsible for 
performing the decommissioning under the Formerly Utilized Defense 
Sites (FUDS) program.
    In August 1998, the NRC issued a license to the VA for 
decontamination and decommissioning of the St. Albans facility. During 
1999 the Corps conducted a characterization survey of the affected 
areas and developed a decommissioning plan. The survey confirmed the 
presence of 90Sr contamination and traces of 3H contamination in 
portions of the facility, and was used as the basis for development of 
the Decommissioning Plan. In December 1999 the Corps proposed DCGLs to 
be used as radiological cleanup criteria for decommissioning and NRC 
termination of the license. Revised DCGLs for 90Sr contamination in 
soil were proposed by the Corps in June 2000.
    The licensee's objective for the decommissioning project, as stated 
in the decommissioning plan, is to decontaminate and remediate the 
affected areas of Building 90 sufficiently to enable unrestricted use, 
while ensuring exposures to occupational workers and the public during 
the decommissioning are maintained as low as reasonably achievable 
(ALARA).

Proposed Action

    The proposed action is to amend NRC Radioactive Materials License 
Number 31-02892-06 to incorporate appropriate and acceptable DCGLs into 
the license. The DCGLs will define the maximum amount of residual 
contamination, such as on building surfaces and in affected soil, that 
will satisfy the NRC requirements of Subpart E, 10CFR20, Radiological 
Criteria for License Termination. The DCGLs proposed to be incorporated 
into the license are as follows:

[[Page 52142]]



------------------------------------------------------------------------
                     Release of
                    equipment &
                     materials      Building surfaces        Soils
                     (surfaces)
------------------------------------------------------------------------
Value            200/1000 /3000     90Sr: 8700 dpm/    90Sr: 11 pCi/g
                  dpm/100            100 cm2 3H: 1.2    3H:
                  cm2removable/      E8 dpm/100 cm2.   Not Applicable
                  total/max.                            (see note)
Reference        1993, NRC          63FR222 pp. 64132- R.F.Weston/Corps
                  Guidelines for     64134 ( Nov 18,    of Engineers
                  Decon of           1998).             letter dated
                  Facilities and                        June 7, 2000.
                  Equipment Prior
                  to Release. . .
                  . (also RG 1.86).
------------------------------------------------------------------------


    Note: 3H was detected only on the surface of one sink, with none 
detected in soils. Therefore no 3H DCGL is necessary for soil.

The Need For The Proposed Action

    The St. Albans site has been stabilized to prevent contamination 
from spreading beyond its current locations. Access to the contaminated 
areas is controlled to assure the health and safety of workers and the 
public. Decontamination and decommissioning are necessary to allow 
unrestricted use of the facilities and to eliminate the possibility 
that the active controls and stabilized conditions can degrade. No 
ongoing licensed activities are occurring in the facilities, and NRC 
regulations in 10 CFR 30.36 require the site to be decommissioned. 
Subpart E of 10 CFR Part 20 specifies a site will be considered 
acceptable for unrestricted use if the residual radioactivity that is 
distinguishable from background radiation results in a TEDE (total 
effective dose equivalent) to an average member of the critical group 
that does not exceed 25 mrem (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). The NRC has determined that the proposed DCGLs will 
satisfy the regulations in Subpart E of 10 CFR Part 20.

Alternatives To Proposed Action

    NRC staff considered ``no action'' (not amending the license) as an 
alternative to the proposed action. The ``no-action'' alternative would 
result in no clear definition in the license of the acceptable levels 
of radioactive contamination relating to the NRC license termination 
criteria, as stated in Subpart E of 10 CFR Part 20.

Environmental Impacts of Proposed Action

    The proposed action is to amend this license to incorporate 
appropriate and acceptable DCGLs into the license, to be used for 
decommissioning the site. Decommissioning and decontamination of the 
St. Albans facility to the proposed DCGL concentrations is expected to 
have no significant impact on the environment. Remediation activities, 
in fact, are expected to reduce the potential for the release of 
radiological contamination to the environment, and will enable 
termination of the license and release of the facilities for 
unrestricted use.
    Contamination controls will be implemented during decommissioning 
to prevent airborne and surface contamination from escaping the 
remediation work areas, and therefore no release of airborne 
contamination is anticipated. However, the potential will exist for 
generating airborne radioactive material during decontamination, 
removal and handling of contaminated materials. If produced, any 
effluent from the proposed decommissioning activities will be limited 
in accordance with NRC requirements in 10 CFR Part 20 or contained 
onsite or treated to reduce contamination to acceptable levels before 
release, and shall be maintained ALARA. Release of contaminated liquid 
effluents are not expected to occur during the work.
    The Corps and subcontractors will perform the remediation under the 
VA license, with the VA overseeing the activities and maintaining 
primary responsibility. The Brooklyn VA has adequate radiation 
protection procedures and capabilities, and will implement an 
acceptable program to keep exposure to radioactive materials as low as 
reasonably achievable (ALARA). As noted above, the Corps has prepared a 
decommissioning plan describing the work to be performed, and work 
activities are not anticipated to result in a dose to workers or the 
public in excess of the 10 CFR Part 20 limits. Past experiences with 
decommissioning activities at sites similar to St. Albans indicate that 
public and worker exposure will be far below the limits found in 10 CFR 
20.
    The proposed action will result in the irreversible use of energy 
resources during excavation, decontamination, and handling of 
radioactive material. There are no reasonable alternatives to these 
resource uses and there are no unresolved conflicts concerning 
alternative uses of available resources.

Agencies and Individuals Consulted

    This environmental assessment (EA) was prepared entirely by NRC 
staff and coordinated with the following agencies: New York State 
Department of Environmental Conservation, New York State Office of 
Parks, Recreation and Historical Preservation, New York City Department 
of Health, U.S. Environmental Protection Agency, and the U.S. Fish and 
Wildlife Service. No other sources were used beyond those referenced in 
this EA.

Conclusions

    Decommissioning of the site to the DCGLs proposed for this action 
will result in reduced residual contamination levels in the facility, 
enabling release of the facilities for unrestricted use and termination 
of the radioactive materials license. No radiologically contaminated 
effluents are expected during the decommissioning. Occupational doses 
to decommissioning workers are expected to be low and well within the 
limits of 10 CFR Part 20. No radiation exposure to any member of the 
public is expected, and public exposure will therefore also be less 
than the applicable public exposure limits of 10 CFR Part 20. 
Therefore, the environmental impacts from the proposed action are 
expected to be insignificant.

Finding of no Significant Impact

    NRC has prepared this EA in support of the proposed license 
amendment to incorporate appropriate and acceptable DCGLs and to use 
the proposed DCGLs for the planned decommissioning by the Brooklyn VA 
at the St. Albans Extended Care Center. On the basis of the EA, NRC has 
concluded that this licensing action will not significantly affect the 
quality of the human environment and has determined not to prepare an 
environmental impact statement for the proposed action.
    The above documents related to this proposed action are available 
for public inspection and copying at the Commission's Public Document 
Room at the Gelman Building, 2120 L Street NW, Washington, DC.

Opportunity for a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license amendment falling within the scope of Subpart 
L, Informal Hearing

[[Page 52143]]

Procedures for Adjudications in Materials Licensing Proceedings, of 
NRC's rules and practice for domestic licensing proceedings in 10 CFR 
Part 2. Pursuant to 10 CFR 2.1205(a), any person whose interest may be 
affected by this proceeding may file a request for a hearing in 
accordance with 10 CFR 2.1205(d). A request for a hearing must be filed 
within thirty (30) days of the date of publication of the Federal 
Register Notice.
    The request for a hearing must be filed with the Office of the 
Secretary either:
    1. By delivery to the Docketing and Service Branch of the Office of 
the Secretary at One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852-2738; or
    2. By mail or telegram addressed to the Secretary, U. S. Nuclear 
Regulatory Commission, Washington, DC 20555. Attention: Docketing and 
Service Branch.
    In addition to meeting other applicable requirements of 10 CFR Part 
2 of the NRC's regulations, a request for a hearing filed by a person 
other than the applicant must describe in detail:
    1. The interest of the requestor in the proceeding;
    2. How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in 10 CFR 
2.1205(h);
    3. The requestor's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    4. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.1205(d).
    In accordance with 10 CFR 2.1205(f), each request for a hearing 
must also be served, by delivering it personally or by mail, to:
    1. The licensee, Mr. James Mallen, Chief, Engineering Services, VA 
Medical Center in Brooklyn, 800 Poly Place, Brooklyn, NY 11209, and
    2. The NRC staff, by delivery to the Executive Director for 
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD, 
20852, or by mail, addressed to the Executive Director for Operations, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT: Supporting documentation for the 
proposed action is available for inspection at:
    1. NRC's Public Electronic Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html, and
    2. At the Commission's Public Document Room, 2120 L Street NW, 
Washington, D.C. 20555.
    Any questions with respect to this action should be referred to 
Todd Jackson, Decommissioning and Laboratory Branch, Division of 
Nuclear Materials Safety, Region I at (610) 337-5308.

    Dated at King of Prussia, Pennsylvania this 21st day of August 
2000.

    For the US Nuclear Regulatory Commission.
George Pangburn,
Director, Division of Nuclear Materials Safety, Region I.
[FR Doc. 00-21886 Filed 8-25-00; 8:45 am]
BILLING CODE 7590-01-P