[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Pages 33493-33494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8976]



[[Page 33493]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-03026]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Materials 
License No. 37-02766-01, for Unrestricted Release of a Fox Chase Cancer 
Center Facility In Philadelphia, PA

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: Willie J. Lee, Health Physicist, 
Medical Branch, Division of Nuclear Materials Safety, Region I, U.S 
Nuclear Regulatory Commission, 475 Allendale Road, King of Prussia, 
Pennsylvania, 19406; telephone (610) 337-5090; fax (610) 337-5269; or 
by e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of a license amendment to Byproduct Materials License No. 37-
02766-01. This license is held by Fox Chase Cancer Center (the 
Licensee), for several facilities, including its MRI Building (the 
Facility), located at 333 Cottman Avenue in Philadelphia, Pennsylvania. 
Issuance of the amendment would authorize release of the Facility for 
unrestricted use. The Licensee requested this action in a letter dated 
November 8, 2005. 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 with respect to the proposed 
action. The amendment will be issued to the Licensee following the 
publication of this FONSI and EA in the Federal Register.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve the Licensee's November 8, 2005, 
license amendment request, resulting in release of the Facility for 
unrestricted use. License No. 37-02766-01 was issued to American 
Oncologic Hospital in 1957, transferred to Fox Chase Cancer Center in 
1985, pursuant to 10 CFR Part 30, and has been amended periodically 
since that time. This license authorized the Licensee to use Hydrogen-
3, Carbon-14, Phosphorus-32, and Phosphorus-33 for purposes of research 
and development activities on laboratory bench tops and in hoods.
    The Facility is situated on 17,900 square feet, and consists of 
general office and laboratory space. The Facility is located in a mixed 
residential/commercial area. Within the Facility, use of licensed 
materials was confined to Rooms M019, M144, M153, and M157, with an 
approximate area of 1600 square feet total.
    In September of 2005, the Licensee ceased licensed activities at 
the Facility and initiated a survey of the Facility. Based on the 
Licensee's historical knowledge of the site and the conditions of the 
Facility, the Licensee determined that decontamination activities were 
not required. The Licensee conducted surveys of the Facility and 
provided information to the NRC to demonstrate that the affected areas 
were free of contamination and the Facility meets the criteria in 
Subpart E of 10 CFR Part 20 for unrestricted release.

Need for the Proposed Action

    The Licensee has ceased conducting licensed activities at the 
Facility, and seeks the unrestricted demolition of its Facility.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted at the 
Facility shows that such activities involved use of the following 
radionuclides with half-lives greater than 120 days: Hydrogen-3 and 
Carbon-14.
    The Licensee conducted a final status survey on October 21 and 
November 4, 2005. This survey covered Labs M019, M144, M151, M153, 
M155, M156, M157, and adjacent hallways. The Facility contained seven 
labs; however, only four (M019, M144, M153, and M157) involved the use 
of byproduct material. The final status survey report was attached to 
the Licensee's supplemental information submitted in support of the 
amendment request dated January 31 and February 2, 2006. The Licensee 
elected to demonstrate compliance with the radiological criteria for 
unrestricted release as specified in 10 CFR 20.1402 by using the 
screening approach described in NUREG-1757, ``Consolidated NMSS 
Decommissioning Guidance,'' Volume 2. The Licensee used the 
radionuclide-specific derived concentration guideline levels (DCGLs), 
developed there by the NRC, which comply with the dose criterion in 10 
CFR 20.1402. These DCGLs define the maximum amount of residual 
radioactivity on building surfaces, equipment, and materials, and in 
soils, that will satisfy the NRC requirements in Subpart E of 10 CFR 
Part 20 for unrestricted release. The Licensee's final status survey 
results indicated that the affected areas were free of contamination 
and thus were below these DCGLs and are in compliance with the As Low 
As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC 
concludes that the Licensee 's final status survey results are thus 
acceptable.
    Based on its review, the staff has determined that the affected 
environment and any environmental impacts associated with the proposed 
action 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) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). 
Accordingly, there were no significant environmental impacts from the 
use of radioactive material at the Facility. 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 
surrounding the Facility. No such hazards or impacts to the environment 
were identified. The NRC has found no other radiological or non-
radiological activities in the area that could result in cumulative 
environmental impacts.
    The NRC staff finds that the proposed release of the Facility for 
unrestricted use is in compliance with 10 CFR 20.1402.

Environmental Impacts of the Alternatives to the Proposed Action

    Due to the largely administrative nature of the proposed action, 
its environmental impacts are small. Therefore, the only alternative 
the staff considered is the no-action alternative, under which the 
staff would leave things as they are by simply denying the amendment 
request. This no-action alternative is not feasible because it 
conflicts with 10 CFR 30.36(d), requiring that decommissioning of 
byproduct material facilities be completed and approved by the NRC 
after licensed activities cease. The NRC's analysis of the Licensee's 
final status survey data confirmed that the Facility meets the 
requirements of 10 CFR 20.1402 for unrestricted release. Additionally, 
this denial of the application would result in no change

[[Page 33494]]

in current environmental impacts. The environmental impacts of the 
proposed action and the no-action alternative are therefore similar, 
and the no-action alternative is accordingly not further considered.

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.

Agencies and Persons Consulted

    NRC provided a draft of this Environmental Assessment to the 
Pennsylvania Department of Environmental Protection for review on March 
30, 2006. On May 5, 2006, the Pennsylvania Department of Environmental 
Protection responded by email. The State agreed with the conclusions of 
the EA, and otherwise had no comments.
    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. The NRC staff has also 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.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA in support of the proposed 
action. On the basis of this EA, the NRC finds that there are no 
significant environmental impacts from the proposed action, and that 
preparation of an environmental impact statement is not warranted. 
Accordingly, the NRC has determined that a Finding of No Significant 
Impact is appropriate.

IV. Further Information

    Documents related to this action, including the application for 
license 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 documents 
related to this action are listed below, along with their ADAMS 
accession numbers.
    1. NRC License No. 37-02766-01 inspection and licensing records.
    2. Letter dated November 8, 2005, requesting that the MRI Building 
at the Fox Chase Cancer Center, Philadelphia, Pennsylvania, be released 
for unrestricted use [ADAMS Accession No. ML053220642].
    3. Letter dated January 31, 2006, providing additional information 
for MRI Building Decommissioning at Fox Chase Cancer Center, 
Philadelphia, Pennsylvania [ADAMS Accession No. ML060340527].
    4. Letter dated February 2, 2006, providing additional information 
for MRI Building Decommissioning at Fox Chase Cancer Center, 
Philadelphia, Pennsylvania [ADAMS Accession No. ML060400106].
    5. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance.''
    6. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination.''
    7. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions.''
    8. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities.''
    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 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.

    Dated at King of Prussia, Pennsylvania, this 1st day of June 
2006.

    For the Nuclear Regulatory Commission.
Pamela J. Henderson,
Chief, Medical Branch, Division of Nuclear Materials Safety, Region I.
[FR Doc. E6-8976 Filed 6-8-06; 8:45 am]
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