[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Notices]
[Pages 29362-29364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7774]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-34325]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for An Amendment to a Materials Permit in 
Accordance With Byproduct Materials License No. 03-23853-01VA, for 
Unrestricted Release of a Department of Veterans Affairs's Facility In 
West Haven, CT

AGENCY: Nuclear Regulatory Commission.

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

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FOR FURTHER INFORMATION CONTACT: William Snell, Senior Health 
Physicist, Decommissioning Branch, Division of Nuclear Materials 
Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 
Warrenville Road, Lisle, Illinois 60532; telephone: (630) 829-9871; fax 
number: (630) 515-1259; or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
allowing an amendment to a materials permit in accordance with NRC 
Byproduct Materials License No. 03-23853-01VA issued to the Department 
of Veterans Affairs (DVA) (the licensee), to authorize release of its 
Connecticut Health Care System Building 27 in West Haven, Connecticut 
for unrestricted use. The NRC has prepared an Environmental Assessment 
(EA) in support of this proposed action in accordance with the 
requirements of Title 10, Code of Federal Regulations (CFR), Part 51 
(10 CFR part 51). Based on the EA, the NRC has concluded that a Finding 
of No Significant Impact (FONSI) is appropriate. The approval for the 
amendment to the materials permit will be issued to the DVA following 
the publication of this Notice.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve DVA's request to issue an 
amendment to a materials permit in accordance with NRC Byproduct 
Materials License No. 03-23853-01VA for the unrestricted release of 
Building 27 of the DVA's Connecticut Health Care System at 950 Campbell 
Avenue, West Haven, Connecticut. The proposed action is in accordance 
with the DVA's request to the U.S. Nuclear Regulatory Commission (NRC) 
on February 21, 2006 (ADAMS Accession No. ML060540225), to approve the 
release of the facility for unrestricted use, and is consistent with 
the current NRC policy to review all DVA permittee requests for the 
release of buildings for unrestricted use where radioactive materials 
with a half-life greater than 120 days were used. The DVA identified 
two isotopes of concern with half-lives greater than 120 days that it 
used in Research Building 27 of the West Haven, Connecticut facility: 
hydrogen-3 and carbon-14. The DVA was authorized by the NRC to use 
byproduct material for medical research at the West Haven Building 27 
facility since it was renovated in 1973. Licensed materials were not 
used in outdoor areas.
    The building is 2334 square feet of space comprised of medical 
research

[[Page 29363]]

laboratories, office space, break room and bathroom, located in a 
hospital compound area. The walls were painted cinder block and the 
floors were concrete covered with vinyl flooring.
    On January 5, 2006, the DVA ceased licensed activities and 
initiated facility surveys and decontamination. Based on the licensee's 
historical knowledge of the site and the conditions of the facility, 
the DVA determined that only routine decontamination activities, in 
accordance with their radiation safety procedures, were required. The 
DVA was not required to submit a decommissioning plan to the NRC. On 
February 21, 2006, the DVA requested that NRC approve the release of 
the facility for unrestricted use. The DVA conducted facility surveys 
and provided information to the NRC to demonstrate that the site meets 
the license termination criteria in Subpart E of 10 CFR Part 20 for 
unrestricted release.

Need for the Proposed Action

    The licensee is requesting approval of the amendment to allow for 
the release of Building 27 for unrestricted use. The licensee needs 
this permit change because it no longer plans to conduct licensed 
activities in this building. NRC is fulfilling its responsibilities 
under the Atomic Energy Act to make a timely decision on a proposed 
permit amendment for release of a facility for unrestricted use that 
ensures protection of public health and safety and the environment.

Environmental Impacts of the Proposed Action

    The NRC staff has reviewed the information provided and surveys 
performed by the DVA to demonstrate compliance with the 10 CFR 20.1402, 
``Radiological Criteria for Unrestricted Use'' license termination 
criteria. Based on its review, the staff has determined that the 
affected environment and environmental impacts associated with the 
release for unrestricted use of the DVA facilities 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 Nuclear Facilities'' (NUREG-1496). The staff also finds 
that the proposed release for unrestricted use of the DVA facilities is 
in compliance with 10 CFR 20.1402. The NRC has found no other 
activities in the area that could result in cumulative impacts. Based 
on its review, the staff considered the impact of the residual 
radioactivity at the facility and concluded that the proposed action 
will not have a significant effect on the quality of the human 
environment.

Environmental Impacts of the Alternatives to the Proposed Action

    Since the facility at the DVA site has already been surveyed and 
found acceptable for release for unrestricted use, the only alternative 
to the proposed action of approving the permit amendment and release of 
the West Haven facility for unrestricted use is denial of the proposed 
action (i.e. no action). Denial of the application would result in no 
change in current environmental impacts. The environmental impacts of 
the proposed action and the alternative action are similar, and the no-
action alternative is accordingly not further considered.

Agencies and Persons Consulted

    The NRC staff has determined that the proposed action is of a 
procedural nature, and will not affect listed species or critical 
habitat. Therefore, no further consultation is required under Section 7 
of the Endangered Species Act. Likewise, the NRC staff have determined 
that the proposed action is not the type of activity that has the 
potential to cause effects on historic properties. Therefore, no 
further consultation is required under Section 106 of the National 
Historic Preservation Act.
    NRC provided a draft of its Environmental Assessment to the 
Connecticut Department of Environmental Protection, Division of 
Radiation, for review on April 18, 2006. The State had no comments 
regarding the EA.

Conclusion

    The NRC staff has concluded that the proposed action is consistent 
with the NRC's unrestricted release criteria specified in 10 CFR 
20.1402. Because the proposed action will not significantly impact the 
quality of the human environment, the NRC staff concludes that the 
proposed action is the preferred alternative.

III. Finding of No Significant Impact

    The staff has prepared the EA in support of the proposed amendment 
to the materials permit for the unrestricted release of the facility. 
The staff has found that the radiological environmental impacts from 
the proposed action are bounded by the impacts evaluated by NUREG-1496, 
Volumes 1-3, ``Generic Environmental Impact Statement in Support of 
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Facilities'' (ML042310492, ML042320379, and ML042330385). 
Additionally, no non-radiological or cumulative impacts were 
identified. On the basis of the EA, the NRC has concluded that there 
are no significant environmental impacts from the proposed action, and 
has determined not to prepare an environmental impact statement.

List of Preparers

    William Snell, Senior Health Physicist, Division of Nuclear 
Materials Safety, Region III

Sources Used

1. NRC Byproduct Materials License Nos. 03-23853-01VA, 06-00092-05, 
and 06-11222-01, inspection and licensing records.
2. Historical Site Assessment and Final Status Survey Results for 
Building 27 of the DVA Connecticut Health Care System, provided 
under cover letter dated February 21, 2006.
3. 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.''
4. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination.''
5. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions.''
6. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of 
NRC-Licensed Nuclear Facilities.''

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. 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 email to [email protected]. These documents 
may also be viewed electronically on the 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.
    The ADAMS accession numbers for the documents related to this 
Notice are:

[[Page 29364]]

    1. E. Lynn McGuire, Department of Veterans Affairs, letter to U.S. 
Nuclear Regulatory Commission, February 21, 2006 (ADAMS Accession No. 
ML060540225).

    Dated at Lisle, Illinois, this 10th day of May 2006.

    For the Nuclear Regulatory Commission.
Jamnes L. Cameron,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region III.
 [FR Doc. E6-7774 Filed 5-19-06; 8:45 am]
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