[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Notices]
[Pages 16727-16729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6392]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-01125]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment To Byproduct Nuclear 
Materials License No. 45-10414-01, for Unrestricted Release of A James 
Madison University Facility In Harrisonburg, VA

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: Dennis Lawyer, Health Physicist, 
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 
I, 475 Allendale Road, King of Prussia,

[[Page 16728]]

Pennsylvania; telephone 610-337-5366; fax number 610-337-5393; 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. 45-
10414-01. This license is held by James Madison University, College of 
Science and Mathematics (the Licensee), to conduct activities on its 
campus located in Harrisonburg, Virginia. Issuance of the amendment 
would authorize release of Burruss Hall Rooms 322, 328, 332, and 333 
(the Facility) for unrestricted use. Burruss Hall is located at the 
southern corner of East Grace Street and Madison Street in 
Harrisonburg, Virginia. The Licensee requested this action in a letter 
dated October 16, 2007. 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 October 16, 2007, 
license amendment request, resulting in release of the Facility for 
unrestricted use. License No. 45-10414-01 was issued on October 13, 
1964, pursuant to 10 CFR Part 30, and has been amended periodically 
since that time. This license authorized the Licensee to use unsealed 
byproduct material for purposes of conducting research and development 
activities on laboratory bench tops and in hoods. The proposed action 
pertains only to the cessation of licensed activities in Burruss Hall 
Rooms 322, 328, 332, and 333. Other rooms and areas within Burruss 
Hall, and within other buildings on the Harrisonburg campus will 
continue to use NRC licensed radioactive material.
    The Facility consists of 1,539 square feet of laboratory space 
within Burruss Hall. Burruss Hall is situated in a mixed industrial/
commercial area within a 495 acre university campus.
    Prior to 1997, the Licensee ceased licensed activities and 
initiated a survey and decontamination of the Facility. Based on the 
Licensee's historical knowledge of the site and the conditions of the 
Facility, the Licensee determined that only routine decontamination 
activities, in accordance with their NRC-approved, operating radiation 
safety procedures, were required. The Licensee was not required to 
submit a decommissioning plan to the NRC because worker cleanup 
activities and procedures are consistent with those approved for 
routine operations. The Licensee conducted surveys of the Facility and 
provided information to the NRC to demonstrate that it 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 use 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. Prior to performing the final status survey, the Licensee 
conducted decontamination activities, as necessary, in the areas of the 
Facility affected by these radionuclides.
    The Licensee conducted a final status survey of the Facility on 
August 15, 2007. The final status survey report was attached to the 
Licensee's amendment request dated October 16, 2007. 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 that will 
satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for 
unrestricted release. The Licensee's final status survey results were 
below these DCGLs and are in compliance with the As Low As Reasonably 
Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds 
that the Licensee's final status survey results are 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). 
The staff finds 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 identified 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. Although the 
Licensee will continue to perform licensed activities in other parts of 
Burruss Hall, the Licensee must ensure that this decommissioned area 
does not become recontaminated. Before the license can be terminated, 
the Licensee will be required to show that Burruss Hall, including 
previously-released areas, as well as other areas of use on the 
Harrisonburg campus, comply with the radiological criteria in 10 CFR 
20.1402. 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

    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, 
denying the amendment request would result in no change in current 
environmental impacts. The environmental impacts of the proposed action 
and the no-action alternative are therefore similar, and the no-action

[[Page 16729]]

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 
Commonwealth of Virginia for review on January 25, 2008. On February 
22, 2008, Commonwealth's Division of Radiological Health responded by 
electronic mail. The Commonwealth 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. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
    2. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination;''
    3. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions;''
    4. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities;'' and
    5. James Madison University, Amendment Request letter dated October 
16, 2007 [ML080160199].
    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 Region 1, 475 Allendale Road, King of Prussia this 21st 
day of March 2008.

    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region I.
 [FR Doc. E8-6392 Filed 3-27-08; 8:45 am]
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