[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Notices]
[Pages 55068-55070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24091]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-06583]


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. 45-09347-01 Commonwealth of 
Virginia; Division of Consolidated Laboratory Services

I. Summary

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
terminating Byproduct Material License No. 45-09347-01 to authorize the 
release of the licensee's facilities in Richmond, Virginia 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 
Commonwealth of Virginia, Division of Consolidated Laboratory Services 
facility in Richmond, Virginia. The Commonwealth of Virginia was 
authorized by the NRC from June 7, 1972, until the present to use 
Nickel 63 and Hydrogen 3 in gas chromatographs for sample analysis. In 
1996, 1997, 1998, and 1999, routine leak tests disclosed minor 
contamination of Nickel 63 chromatograph inlets and exits. Each time 
the device was removed from service and returned to the manufacturer 
for repair. There was no evidence of contamination beyond the device. 
In July 2003, the Commonwealth of Virginia ceased operations with 
licensed materials at the One North Fourteenth Street location in 
Richmond, Virginia, and requested that the NRC amend the license to 
remove this place of use. The Commonwealth of Virginia 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 Commonwealth of Virginia's request and the 
results of the surveys, 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 FONSI on human health and the environment for 
the proposed licensing action.

II. Environmental Assessment

Introduction

    The Commonwealth of Virginia has requested release, for 
unrestricted use, of their building located at One North Fourteenth 
Street, in Richmond, Virginia, as authorized for use by NRC License No. 
45-09347-01. This license was issued on June 13,1963, and later amended 
to authorize the Fourteenth Street location as a place of use on June 
7, 1972, and amended periodically since that time. NRC-licensed 
activities performed at the Fourteenth Street location in Richmond, 
Virginia were limited to sample analysis. These activities were 
typically performed on bench tops. No outdoor areas were affected by 
the use of licensed materials. Licensed activities ceased completely in 
July 2003, and the licensee requested release of the facility for 
unrestricted

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use. Based on the licensee's historical knowledge of the site 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.''

The Proposed Action

    The proposed action is to amend NRC Radioactive Materials License 
Number 45-09347-01 to release the licensee's facility located at One 
Fourteenth Street in Richmond, Virginia, for unrestricted use. By 
letters dated July 1, 2003 and August 6, 2003, the Commonwealth of 
Virginia provided survey results which demonstrate that the Fourteenth 
Street location in Richmond, Virginia is in compliance with the 
radiological criteria for license termination in subpart E of 10 CFR 
part 20, ``Radiological Criteria for License Termination.'' No further 
actions will be required on the part of the licensee to remediate the 
facility.

Need for the Proposed Action

    The purpose of the proposed action is to verify that residual 
radioactivity at the licensee's One Fourteenth Street building in 
Richmond, Virginia, permits release of the property for unrestricted 
use and termination of the license. The need for the proposed action is 
to comply with NRC regulations and the Timeliness Rule. The NRC is 
fulfilling its responsibilities under the Atomic Energy Act to make a 
decision on a proposed license amendment for release of a facility for 
unrestricted use that ensures protection of the public health and 
safety and environment.

Alternative to the Proposed Action

    The only alternative to the proposed action of amending the license 
to release the Richmond, Virginia facility 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 further activities with licensed 
materials at this location. Maintaining the areas under a license would 
reduce options for future use of the property.

The Affected Environment and Environmental Impacts

    The Fourteenth Street facility in Richmond, Virginia is a four 
story pre-cast stone and concrete building. Work with radioactive 
materials was done on work benches located within laboratories in the 
building. The building is located within the central office district of 
downtown Richmond. This area consists primarily of corporate and 
professional offices located in three and four story buildings.
    The NRC staff has reviewed the surveys performed by the 
Commonwealth of Virginia to demonstrate compliance with the 10 CFR 
20.1402 license termination criteria. Based on its review, the staff 
has determined that the affected environment and environmental impacts 
associated with the decommissioning of the Commonwealth of Virginia 
facility 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 release for unrestricted 
use of the Commonwealth of Virginia facility is in compliance with 10 
CFR 201402, ``Radiological Criteria for Unrestricted Use.'' The NRC has 
found no other activities in the area that could result in cumulative 
impacts.
    Additionally, no other non-radiological impacts have been 
identified. The Virginia State Historic Preservation Officer was 
contacted and responded by letter dated February 24, 2003, with no 
objection. Also, the Nuclear Regulatory Commission (NRC) staff has 
determined that Section 7 consultation under the Endangered Species Act 
is not required because the proposed action is administrative/
procedural in nature and will not affect listed species or critical 
habitat.

Agencies and Persons Contacted and Sources Used

    This EA was prepared entirely by the NRC staff. The Virginia 
Department of Game and Inland Fisheries Information Services (VFWIS) 
was contacted by the licensee and had no objection. The Commonwealth of 
Virginia's Department of Historical Resources was contacted and 
responded by letter dated February 24, 2003, with no objection.

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 termination to release the Commonwealth 
of Virginia facility located at One North Fourteenth Street, in 
Richmond, Virginia, for unrestricted use. On the basis of the EA, NRC 
has concluded that the environmental impacts from the proposed action 
are not expected to be significant 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. 45-09347-01 inspection and licensing records.
    2. Commonwealth of Virginia Amendment Request Letter from James L. 
Pearson, to NRC dated July 1, 2003. (ML031910443)
    3. Commonwealth of Virginia Letter from Edwin F. Shaw, Jr. to NRC 
dated August 6, 2003. (ML032230412)
    4. The Environmental Company, Inc. ``Environmental Impact Report, 
Proposed Demolition of DCLS Laboratory & Motor Fuels Testing Laboratory 
& Construction of Parking Garage'' dated November 2002.
    5. Title 10 Code of Federal Regulations Part 20, Subpart E, 
``Radiological Criteria for License Termination.''
    6. 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.''
    7. NRC. NUREG-1757 ``Consolidated NMSS Decommissioning Guidance,'' 
Final Report dated September 2002.
    8. NRC. NUREG 1496 ``Generic Environmental Impact Statement in 
Support of Rulemaking on Radiological Criteria for License Termination 
of NRC-Licensed Nuclear Facilities,'' Final Report dated July 1997.
    9. Commonwealth of Virginia Department of Historical Resources 
``Demolition of DCLS Laboratories and Construction of Parking Garage 
Richmond, Virginia DHR File  2002-1618'' To Mr. Chinh T. Vu, 
Department of General Services dated February 24, 2003.

III. Finding of No Significant Impact

    Based upon the EA, 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

[[Page 55070]]

White Flint North, 11555 Rockville Pike, Rockville, MD 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.html. 
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. 
Telephone 404-562-4739.

    Dated at Atlanta, Georgia the 9th day of September, 2003.

    For the Nuclear Regulatory Commission.
Douglas M. Collins,
Director, Division of Nuclear Materials Safety, Region II.
[FR Doc. 03-24091 Filed 9-18-03; 12:01 pm]
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