[Federal Register Volume 71, Number 74 (Tuesday, April 18, 2006)]
[Notices]
[Pages 19907-19909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5702]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-08219]


U.S. Environmental Protection Agency, Denver Federal Center, 
Building 53: Issuance of Environmental Assessment and Finding of No 
Significant Impact for License Amendment

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact.

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FOR FURTHER INFORMATION CONTACT: D. Blair Spitzberg, Ph.D., Chief, Fuel 
Cycle and Decommissioning Branch, Division

[[Page 19908]]

of Nuclear Materials Safety, Region IV, U.S. Nuclear Regulatory 
Commission, Arlington, Texas 76011. Telephone: (817) 860-8191; fax 
number: (817) 860-8188; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Material License No. 05-14892-01, as 
requested by the U.S. Environmental Protection Agency (EPA or the 
licensee), to authorize release of Building 53 at Denver Federal 
Center, Denver, Colorado, for unrestricted use. The licensee has been 
authorized by NRC to use radioactive material for instrument 
calibration and sample analyses at this location. On August 9, 2004, 
EPA requested that NRC release the facility for unrestricted use. The 
licensee conducted radiological surveys of the facility and provided 
information to demonstrate that the site meets the license termination 
criteria specified in Subpart E to 10 CFR part 20 for unrestricted 
release. The amendment will be issued if NRC determines that the 
request meets the standards specified in 10 CFR Part 20 and related NRC 
guidance documents.

II. Environmental Assessment (EA)

    Identification of Proposed Action: The proposed action is to remove 
Building 53 from License Condition 10 as a location of use. Once the 
building is removed from the license, the licensee will be free to use 
the building in any manner without NRC restriction.
    The Need for the Proposed Action: The licensee no longer conducts 
licensed activities in this building. The EPA has vacated the building 
and desires to release the building for unrestricted use. If the site 
is properly decommissioned, 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.''
    Environmental Impacts of the Proposed Action: Materials License No. 
05-14892-01 authorizes EPA to possess small quantities of radioactive 
material, in both sealed and unsealed form, for instrument calibration 
and sample analysis. By letter dated August 9, 2004, EPA requested 
amendment of its license to remove Building 53 as a location of use. 
Radioactive materials were used in this building from about 1973 until 
2003. All radioactive materials were relocated to Building 25 by August 
2003.
    The licensee conducted a historical review and concluded that the 
radionuclides of concern were americium-241, strontium-90, natural 
uranium, radium-226, and radium-228. Based on the historical review, 
the licensee determined that radioactive materials were used in eight 
laboratories in Building 53.
    A final status survey of the building was conducted during 
February-March 2004. The final status survey was conducted in five of 
the eight laboratories. Two rooms were excluded because only sealed 
sources had been used in these rooms. A third room was excluded because 
only radioactivity at background levels were stored in this room. (The 
NRC's confirmatory survey included all eight rooms.) A final status 
survey report was completed by the licensee, and a copy of the report 
was attached to the licensee's August 9, 2004, letter.
    The EPA concluded in its report that ``Building 53 meets the 
criteria for radiological release * * * thus allowing the facility to 
be released for unrestricted use and to be removed from the EPA's NRC 
Radioactive Material License.'' The NRC conducted a confirmatory survey 
of the building during October 2005. None of the confirmatory sample 
results exceeded the proposed derived concentration guideline levels 
(DCGLs) provided in the final status survey report.
    In its final status survey report, the licensee stated that 
radioactive waste material from previously licensed operations in 
Building 53 was either transferred to an authorized recipient or placed 
into temporary storage. Solid waste disposal did not include on-site 
burial or incineration. Discharges to sewers were not allowed by the 
licensee's waste disposal program, and no record of disposal by sewer 
was identified by the licensee during its historical review. Further, 
no incidents were recorded involving spills or releases of radioactive 
material.
    To demonstrate compliance with the radiological criteria for 
unrestricted use as specified in 10 CFR 20.1402, the licensee developed 
DCGLs. The NRC compared the licensee's proposed DCGLs to the screening 
criteria provided in NUREG-1757, ``Consolidated NMSS Decommissioning 
Guidance,'' Volume 2. The NRC concluded that the proposed DCGLs were 
acceptable for use as release criteria.
    In the final status survey report, the licensee states that 
radioactive materials were handled only within the eight rooms 
identified in the historical review. In addition, the licensee did not 
dispose of radioactive material through the sewer system, and no spills 
were documented. Accordingly, there were no environmental impacts from 
the use of radioactive material in Building 53. The NRC staff reviewed 
the docket file records and the final status survey report to identify 
any non-radiological hazards that may have impacted the environment. No 
additional hazards or impacts to the environment were identified.
    Environmental Impacts of the Alternatives to the Proposed Action: 
The licensee seeks NRC approval of the amendment request. The 
alternatives to the proposed action are: (1) The no-action alternative, 
or (2) to deny the amendment request and require the licensee to take 
some alternate action.
    1. No-Action Alternative: One alternative available to the NRC is 
to take no action by denying the amendment request. The no-action 
alternative is not feasible because it conflicts with the NRC's 
Timeliness Rule (10 CFR 30.36) which requires licensees to decommission 
their facilities when licensed activities cease.
    2. Environmental Impacts of Alternative 2: A second alternative is 
to deny the licensee's request in favor of alternate release criteria 
as allowed by Sec.  20.1403 (criteria for restricted conditions) or 
Sec.  20.1404 (alternate criteria). However, the NRC's analysis of the 
final status survey data confirmed that the proposed DCGLs meet the 
license termination requirements of Sec.  20.1402. Accordingly, the NRC 
has determined that the second alternative is not reasonable, and this 
alternative action is eliminated from further consideration.
    Conclusion: Based on its review, the NRC staff concludes that the 
environmental impacts associated with the proposed action do not 
warrant denial of the license amendment request. The staff believes 
that the proposed action will result in no environmental impacts. The 
staff has determined that approval of the license amendment is the 
appropriate alternative for selection.
    Agencies and Persons Contacted: The NRC staff did not consult with 
the Colorado State Historic Preservation Officer or the local U.S. Fish 
& Wildlife Service because licensed activities occurred only within 
Building 53. There was no evidence of use or release of radioactive 
material outside of the building. Accordingly, there was no impact to 
the cultural resources, endangered species, or critical habitats 
outside of Building 53. The Colorado Department of Public Health and 
Environment, Radiation Management

[[Page 19909]]

Unit, was consulted about this EA. The State informed the NRC by letter 
dated March 6, 2006, that it had no comments on the EA.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA in support of the proposed 
license amendment to release Building 53 for unrestricted use. On the 
basis of this EA, NRC has concluded that there are no significant 
environmental impacts from the proposed action, and the license 
amendment does not warrant the preparation of an environmental impact 
statement. Accordingly, it has been determined that a Finding of No 
Significant Impact is appropriate.

IV. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are:
    1. NRC, ``Generic Environmental Impact Statement in Support of 
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities,'' NUREG-1496, July 1997 (ML042310492, 
ML042320379, and ML042330385).
    2. NRC, ``Consolidated NMSS Decommissioning Guidance,'' NUREG-1757, 
Volume 2, September 2003 (ML053260027).
    3. Ossinger, Albert, U.S. Environmental Protection Agency, License 
Amendment Request, August 9, 2004 (ML042510569, ML042570068, 
ML061000701 [Appendix D has been redacted because it contains 
confidential laboratory protocols], ML042570073, ML042570076, 
ML042570077, and ML042570080).
    4. NRC Inspection Report 030-08219/05-001, November 14, 2005 
(ML053180267).
    5. Tarlton, Steve, Colorado Department of Public Health and 
Environment, ``Request for Comments on Draft Environmental Assessment 
For Decommissioning of Building 53 at Denver Federal Center,'' March 6, 
2006 (ML060790512).
    If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to [email protected].
    These documents may also be viewed electronically on public 
computers located at the NRC's 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 30th day of March, 2006.

    For the Nuclear Regulatory Commission.
D. Blair Spitzberg,
Chief, Fuel Cycle & Decommissioning Branch, Division of Nuclear 
Materials Safety, Region IV.
 [FR Doc. E6-5702 Filed 4-17-06; 8:45 am]
BILLING CODE 7590-01-P