[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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