[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Notices]
[Pages 70980-70983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30098]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-01176]


Environmental Assessment and Finding of No Significant Impact; 
Materials License No. 49-09955-10, University of Wyoming, Laramie, WY

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
approval of the University of Wyoming's revised decommissioning plan 
for two former burial sites located near Laramie, Wyoming, and amending 
NRC Materials License 49-09955-10 to remove the two sites from the 
license.

Environmental Assessment

Background

    The University of Wyoming (licensee) submitted a decommissioning 
plan to the NRC by letter dated October 21, 1998. The licensee 
subsequently submitted a revised decommissioning plan to the NRC by 
letter dated May 30, 2001. The licensee requested that two former 
radioactive material burial sites located near Laramie, Wyoming, be 
released for unrestricted use. The NRC is considering the issuance of 
an amendment to Materials License 49-09955-10 to release these two 
burial sites for unrestricted use. The purpose of this Environmental 
Assessment (EA) is to assess the environmental consequences of this 
license amendment request.

Proposed Action

    The proposed action is to amend NRC Materials License 49-09955-10 
to release for unrestricted use the two former burial sites located 
near Laramie, Wyoming. The licensee would not be required to remediate 
the two sites if the NRC approves the license amendment request.

Purpose and Need for Proposed Action

    NRC regulation 10 CFR 30.36 (the Timeliness Rule) requires 
licensees to decommission their facilities when licensed activities 
cease, and to request termination of their radioactive materials 
licenses. The purpose of the Timeliness Rule is to reduce the potential 
risk to the public and environment that may result from delayed 
decommissioning of inactive facilities and sites. The purpose of the 
proposed action is to remove the two former burial sites from the 
University of Wyoming's radioactive materials license because the 
licensee no longer uses the two burial sites. The licensee would 
continue to possess radioactive material under its NRC license at other 
locations specifically listed in the license. If removed from the 
license, the two burial sites would no longer be subject to NRC 
regulatory oversight, and the licensee would be in compliance with 
Timeliness Rule requirements.

History/Facility Description

    The University of Wyoming has used radioactive material since about 
1950. The licensee disposed of radioactive waste material at two 
separate burials sites from about 1952 until 1985. The licensee was 
authorized to dispose of radioactive material by burial in accordance 
with 10 CFR 20.304 between 1959-1981. Prior to 1959, burial of 
radioactive material was not authorized by Sec.  20.304 but may have 
been conducted under a specific U.S. Atomic Energy Commission 
authorization or license condition at that time. During 1981, Sec.  
20.304 was rescinded by the NRC. The licensee then conducted burials in 
accordance with Sec.  20.302 until 1985. During 1985, the NRC rejected 
the licensee's request to continue to dispose of radioactive material 
by burial in accordance with Sec.  20.302. As a result, burial of 
radioactive material was permanently discontinued during March 1985.
    The first burial site was known as the Quarry site. This disposal 
site was a dry borehole located at a University-owned sandstone quarry. 
The quarry is situated approximately 7.5 miles (12 kilometers) to the 
northeast of Laramie. The University believes that the Quarry site was 
used during 1952-1957. The licensee cannot pinpoint the exact location 
of the 100-foot (30.48 meters) borehole but is aware of the general 
location of the borehole.
    The airport site is located on University-owned land situated 
approximately 2 miles (3.2 kilometers) west of Laramie. This site is 
located near the Laramie Municipal Airport and consists of 
approximately 40,000 square feet (3716 square meters) of land. This 
second site was used from 1959 until 1985.

[[Page 70981]]

Radiological Status

    Based on a records review, the licensee determined that it most 
likely disposed of only microcurie or millicurie quantities of short-
lived radioisotopes in the Quarry site borehole, including phosphorus-
32, sulfur-35, iron-59, zinc-65, and iodine-131. Carbon-14, a long-
lived beta-emitting radionuclide, apparently was also buried at this 
site. The licensee's request to release the two former burial sites for 
unrestricted use is based on dose modeling calculations using the NRC-
approved DandD computer code. The licensee chose the drinking water 
scenario from DandD Version 1.0 for the Quarry site because this site 
cannot be farmed. The licensee calculated a resident dose of up to 2.74 
millirems per year using DandD, a value well below the 25-millirem 
limit specified in 10 CFR 20.1402.
    The licensee disposed of a number of radionuclides at the airport 
site. The radionuclides of concern at the airport site are hydrogen-3 
and carbon-14. At this site, the licensee chose the resident farmer 
scenario using DandD Version 2.1.0. Using several NRC-approved 
variations to the DandD default parameters (the default parameters that 
were adjusted for the airport site were the diet-fruit, number of 
unsaturated layers, unsaturated zone thickness, and crop yield 
parameters), the licensee calculated that the resident farmer dose 
would be less than or equal to 22.5 millirems per year. This calculated 
value is also below the 25-millirem limit specified in 10 CFR 20.1402.

Alternatives

    The licensee asks that the NRC approve the license amendment 
request as submitted. The alternatives available to the NRC to the 
proposed action are:
    1. Deny the amendment request by taking no action; or
    2. Approve the license amendment request but require the licensee 
to take some additional action not specified in the revised 
decommissioning plan such as remediation of the two sites.
    The Timeliness Rule requirements do not allow the NRC to implement 
the no action alternative; therefore, Alternative 1 is not a viable 
option and will be eliminated from further study and consideration in 
this EA.

Affected Environment

    The Quarry site is situated approximately 8 miles (13 kilometers) 
to the northeast of Laramie. The exact location of the borehole is not 
known by the licensee. According to the documentation provided by the 
licensee, the Quarry site is unoccupied and is occasionally used for 
livestock grazing. There are no ponds on the property. The area is 
sparsely covered by vegetation that consists mostly of prairie grasses 
with some interspersed shrubs and sagebrush. The site is roughly 750 
square feet (70 square meters) in size and is located in NW\1/4\ of 
NW\1/4\ of Section 5, Range 72 West, Township 16 North. The licensee 
installed a monitoring well down-gradient of the borehole during 1994 
in order to obtain groundwater samples for analyses. During well 
installation, a continuous flow of groundwater was established at about 
236 feet (72 meters) below the surface. Previously licensed radioactive 
material was not detected in the water samples that were collected 
during late-1994.
    The airport site consists of approximately 40,000 square feet (3716 
square meters) of land. This burial site is located in an 861-acre (348 
hectares) tract of University-owned land bounded by Highway 130 to the 
north, near Highway 230 to the south, the airport to the west, and West 
Laramie to the east. This site is located in NE\1/4\ of NW\1/4\ of 
Section 35, Range 74 West, Township 16 North. The site is in a 
``steppe'' climate zone, typical of semi-arid grassland prairies. The 
vegetation is well suited for livestock grazing and consists of 
grasses, sedges, some forbs, and a few scattered shrubs. According to 
information provided by the licensee, the nearest aquifer is located at 
least 700 feet (213 meters) below the surface. Further, the shallow 
groundwater is unfit for human and livestock consumption. As such, city 
water is the predominate water source and is piped to residents and 
businesses near the airport.

Environmental Impacts of the Proposed Action on Occupational and Public 
Health

    The licensee's request to release the two burial sites for 
unrestricted use is based, in part, on dose modeling calculations 
conducted using the NRC-approved DandD computer code. The licensee 
concluded that the annual dose to members of the public for the Quarry 
site would be no more than 2.74 millirems per year, while the annual 
dose for the airport site would be no more than 22.5 millirems per 
year. Both calculated doses are below the 25 millirem per year dose 
limit specified in 10 CFR 20.1402.
    The NRC conducted a technical review of the licensee's DandD 
calculations. This review is documented in an internal NRC Memorandum 
dated December 31, 2001. In summary, the staff concluded that the doses 
from exposure to residual radioactive material currently situated at 
both locations are sufficiently low to allow for the unrestricted 
release of the sites in accordance with 10 CFR 20.1402.

Environmental Impacts of Alternative 2 on Occupational and Public 
Health

    If the licensee were required to remediate the two burial sites, 
the individuals conducting reclamation would be subjected to exposure 
to radioactive material. The radionuclides of concern are hydrogen-3 
and carbon-14. Both of these radionuclides emit low energy beta 
particles. From an occupational health and safety standpoint, the worst 
case scenario is the intentional exhumation of the buried wastes 
without any radiological controls in place. This scenario is unlikely 
because the licensee would be expected to have a radiation protection 
program in place during remediation. Even without any radiological 
controls, it is highly unlikely that any worker would receive a dose 
during reclamation that would exceed the occupational dose limits 
specified in 10 CFR 20.1201 because of the quantities and types of 
radionuclides present in the waste material. Therefore, if reclamation 
were to occur, it is probable that occupational exposures would be 
within the dose limits specified in the NRC's regulations.
    If remediation were to occur, the potential harm to the public from 
exposure to radioactive material would be bounded by the DandD 
calculations. The DandD scenario used by the licensee assumed that the 
waste material volume was evenly distributed in the top 6 inches (15 
centimeters) of soil. Therefore, the remediation of the two sites would 
most likely have a minimal radiological impact on members of the 
public.
    Remediation of the sites may have short-term health and safety 
consequences caused by the excavation, packaging, and shipping of the 
residual radioactive material. These non-radiological impacts would 
include the normal risks of exhuming the wastes with earth-moving 
equipment and transportation of the material to an out-of-state 
disposal facility. The risks include death or injury from a 
construction or transportation accident.
    There would be minimal risk to members of the public from exposure 
to radioactive wastes during transport because the radionuclides of 
concern are low energy beta emitters. The beta particles would not be 
able to penetrate the walls of the shipping container. The only 
radiological risks associated with

[[Page 70982]]

the transport of the wastes would involve the cleanup of any spilled 
material. In the unlikely event that a spill were to occur during 
transport, radiological controls would most likely be implemented 
during the cleanup of the spilled waste material. Therefore, the risks 
associated with the transport of the waste material is minimal.
    If remediated, the material would be transported to an out-of-state 
disposal facility.

Environmental Impacts of Proposed Action on Effluent Releases, 
Environmental Monitoring, Water Resources, Noise, Geology, Soils, Air 
Quality, Demography, Biota, Cultural and Historic Resources, and 
Visual/Scenic Quality

    The NRC staff considered the potential impacts of the leaching of 
radioactive and non-radioactive material into the groundwater. The 
shallow surface groundwater in the vicinity of the two sites is not 
used as a drinking water supply and is unfit for human consumption. 
Local members of the public obtain water from the city. The impacts 
that potentially contaminated groundwater would have on members of the 
public was considered as part of the DandD modeling scenarios. In 
summary, the NRC believes that, if left undisturbed, the two sites 
would have a minimal impact on the environs of the sites, including 
groundwater.
    The NRC contacted both the U.S. Fish and Wildlife Service and the 
Wyoming State Historic Preservation Office for their respective 
assessments. The Fish and Wildlife Service concluded that it was 
unlikely that the Proposed Action would adversely affect any threatened 
or endangered species. The Wyoming State Historic Preservation Officer 
determined that no historic properties would be affected by the 
Proposed Action.

Environmental Impacts of Alternative 2 on Effluent Releases, 
Environmental Monitoring, Water Resources, Noise, Geology, Soils, Air 
Quality, Demography, Biota, Cultural and Historic Resources, and 
Visual/Scenic Quality

    The remediation of the two former burial sites would cause some 
environmental harm. The waste material would have to be excavated, 
packaged, and transported to an out-of-state disposal facility. The 
excavation process would be accomplished by heavy equipment and trucks 
that would disturb the general area. The prevailing winds will most 
likely disperse some of the excavated material offsite. The resulting 
surface void would have to be refilled with clean soil and contoured or 
fenced to prevent inadvertent intrusion. Vegetation in the vicinity of 
the reclaimed site would be temporarily disturbed.
    Mitigation measures that could reduce the adverse impacts or 
enhance beneficial impacts were considered by the NRC. The licensee 
conducted an As Low As Reasonably Achievable (ALARA) analysis to 
compare the benefit from averted dose achieved by remediation with the 
costs of cleanup and waste disposal. The licensee calculated the 
benefit from the collective averted dose using the guidance provided in 
(draft) Regulatory Guide DG-4006, Demonstrating Compliance with the 
Radiological Criteria for License Termination, dated August 1998. The 
licensee calculated a total benefit of $8398 from the averted dose for 
the airport burial site, assuming a monetary value of $2,000 per rem.
    The licensee also calculated the remediation costs for 
decommissioning the airport burial site. The estimated cost of 
excavating, transporting and disposing of the material at an offsite 
low-level waste disposal facility was about $7.6 million. The majority 
of the cost involves waste disposal at an offsite location. The 
licensee also points out that the public would be economically harmed 
since the University is a publicly funded school and the $7.6 million 
would have to come from the state general fund or diverted from the 
University's budget.
    In summary, the NRC agrees that the cost of remediation would 
exceed the financial benefit from the averted dose that would be saved 
if the airport site were to be remediated.
    The licensee did not conduct an ALARA analysis of the Quarry site, 
in part, because the exact location of the former borehole is not 
known.
    The NRC has found no other activities in the areas that could 
result in cumulative impacts.

Agencies and Persons Contacted

    The NRC contacted both the U.S. Department of Interior, Fish and 
Wildlife Service, and the Wyoming State Historic Preservation Office 
during the development of this EA. The Fish and Wildlife Services 
concluded that it was unlikely that the Proposed Action would adversely 
affect any threatened or endangered species. Also, according to the 
Wyoming State Historic Preservation Office, the Proposed Action would 
not affect any historic properties. The Wyoming Emergency Management 
Agency has reviewed the proposed action and had no additional comments.

Conclusion

    Based on its review, the NRC staff has concluded that the 
environmental impacts associated with the proposed action are not 
significant; and therefore, 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 two former burial sites for unrestricted use, is the 
appropriate alternative for selection.

List of Preparers

    This EA 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.

List of References

    Documents pertaining to this EA are available for public inspection 
in the NRC Public Document Room or from the Publicly Available Records 
(PARS) component of NRC's document system (ADAMS). ADAMS is accessible 
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the 
Public Electronic Reading Room). ADAMS accession numbers are located in 
parentheses following the reference.
    1. NRC Inspection Report 030-01176/95-01 dated May 9, 1995 (not 
available in ADAMS).
    2. University of Wyoming letter to NRC dated October 21, 1998 (not 
available in ADAMS).
    3. University of Wyoming letter to NRC dated May 30, 2001 
(ML011580440).
    4. NRC Memorandum, ``Review of Dose Modeling Supporting the Revised 
Decommissioning Plan for the Quarry and Airport Burial Sites,'' dated 
December 31, 2001 (ML013540074).
    5. NRC Letter to U.S. Fish and Wildlife Service dated April 24, 
2002 (ML021140673).
    6. NRC Letter to Wyoming State Historic Preservation Office dated 
April 24, 2002 (ML021140684).
    7. U.S. Fish and Wildlife Service letter to NRC dated May 20, 2002 
(ML021500264).
    8. Wyoming State Historic Preservation Office letter to NRC dated 
June 17, 2002 (ML 021830731).
    9. Wyoming Emergency Management Agency letter to NRC dated 
September 10, 2002 (ML022690527).

[[Page 70983]]

Finding of No Significant Impact

    Pursuant to the National Environmental Policy Act of 1969 (NEPA) 
and the Commission's regulations in 10 CFR part 51, the Commission has 
determined that there will not be a significant effect on the quality 
of the environment resulting from the approval of the revised 
decommissioning plan and release of the two former burial sites for 
unrestricted use. Accordingly, the preparation of an Environmental 
Impact Statement is not required for the proposed amendment to 
Materials License 49-09955-10, which will remove the Quarry and airport 
sites from the license. This determination is based on the foregoing EA 
performed in accordance with the procedures and criteria in 10 CFR part 
51.
    This EA and other documents related to this proposed action are 
available for public inspection and copying at the NRC Public Document 
Room in NRC's One White Flint North Headquarters building, located at 
11555 Rockville Pike (first floor), Rockville, Maryland. The documents 
may also be viewed in the Agency-wide Documents Access and Management 
System (ADAMS) Public Electronic Reading Room at Web address http://www.nrc.gov/reading-rm/adams.html.

    Dated in Arlington, Texas, this 19th day of November, 2002.

    For the Nuclear Regulatory Commission.
D. Blair Spitzberg,
Chief, Fuel Cycle Decommissioning Branch, Division of Nuclear Materials 
Safety, Region IV.
[FR Doc. 02-30098 Filed 11-26-02; 8:45 am]
BILLING CODE 7590-01-P