[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Notices]
[Pages 28171-28173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10860]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-29462]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact Related to the Approval for the Department of the 
Navy To Issue an Amendment to a Materials Permit for the Unrestricted 
Release of Building 133 at the Naval Air Depot in Cherry Point, North 
Carolina, Under Byproduct Materials License No. 45-23645-01NA

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: Orysia Masnyk Bailey, Health 
Physicist, Materials Security & Industrial Branch, Division of Nuclear 
Materials Safety, Region I, 475 Allendale Road, King of Prussia, 
Pennsylvania, 19406; phone number (864) 427-1032; fax number (610) 680-
3497; or by e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering

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allowing the Department of the Navy (Navy) to issue an amendment to a 
materials permit in accordance with NRC Byproduct Materials License No. 
45-23645-01NA. The NRC approval would authorize the Navy to release, 
for unrestricted use, Building 133 at the Naval Air Depot in Cherry 
Point, North Carolina. The Navy requested this action in a letter dated 
May 21, 2006. 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 
proposed action will be taken 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 Navy's May 21, 2006, request 
to release Building 133 at the Naval Air Depot in Cherry Point, North 
Carolina (the Facility), for unrestricted use.
    Building 133 is a one-story open structure used for repair and 
maintenance of aircraft engines. This Facility is located within a 
secure military base in a rural area, and use of licensed materials was 
confined to three shop areas: the Aircraft and Component Clean, Strip, 
and Corrosion Control Shop; the Machine Repair Power Plant Shop; and 
the Engine Parts Repair Shop. Each shop maintained dedicated, marked 55 
gallon drums for storage of low level radioactive waste (LLRW) 
generated from Mg-Th operations. At the end of each shift in which Mg-
Th maintenance was performed, areas were cleaned with dedicated shop 
vacuums equipped with HEPA filters. Mg-Th components were cleaned in an 
enclosed parts washer to prevent the spread of contamination.
    In March 2006, the Navy ceased licensed activities at the Facility, 
and initiated a survey and decontamination of Building 133. Based on 
the Navy's historical knowledge of the site and the conditions of 
Building 133, the Navy determined that only routine decontamination 
activities, in accordance with their NRC-approved, operating radiation 
safety procedures, were required. The Navy was not required to submit a 
decommissioning plan to the NRC because worker cleanup activities and 
procedures were consistent with those approved for routine operations. 
The Navy conducted Facility surveys and provided information to the NRC 
to demonstrate that it meets the criteria in Subpart E of 10 CFR Part 
20 for unrestricted release and for permit termination.

Need for the Proposed Action

    The Navy is requesting approval of this permitting action because 
it has ceased conducting licensed activities at its Facility, and seeks 
its unrestricted use and termination of the permit.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted in Building 
133 shows that such activities involved use of the following 
radionuclides with half-lives greater than 120 days: Thorium 232. Prior 
to performing the final status survey, the Navy conducted 
decontamination activities, as necessary, in the areas of Building 133 
affected by these radionuclides.
    The Navy conducted a final status survey in May 2006. This survey 
covered Building 133 and, conservatively, the LLRW storage room in 
Building 134 and the Outside LLRW Storage Pad. The final status survey 
report was attached to the Navy's request for permit amendment approval 
dated May 21, 2006. The Navy elected to demonstrate compliance with the 
radiological criteria for unrestricted release as specified in 10 CFR 
20.1402 by developing a derived concentration guideline level (DCGL) 
for thorium of 450 disintegrations per minute gross alpha activity per 
100 square-centimeters area ([alpha] dpm/100 cm\2\) for Building 133. 
The past history of Building 133 suggests that use of a surface 
criterion is appropriate. The Navy developed their final DCGL by 
utilizing the DANDD code and its default industrial scenario to 
calculate the ``default'' DCGL for thorium. The Navy then utilized the 
suggested resuspension factor in NUREG-1720 ``Re-Evaluation of the 
Indoor Resuspension Factor for the Screening Analysis of the Building 
Occupancy Scenario for NRC's License Termination Rule--Draft Report'' 
to calculate a site-specific DCGL. The Navy developed a ratio of the 
default resuspension value in the code and the re-evaluated value from 
draft NUREG-1720 and multiplied the ``default'' DCGL for thorium by 
this ratio to result in a site-specific 450 [alpha] dpm/100 cm\2\ DCGL 
for thorium. The Navy thus determined the maximum amount of residual 
radioactivity on building surfaces, equipment, materials, and soils 
that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 
for unrestricted release. The NRC reviewed the Navy's methodology and 
proposed DCGL, and concluded that the proposed DCGL is acceptable for 
use as release criteria for Building 133. The Navy's final status 
survey results were below this DCGL, and 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. The staff finds there were no significant 
environmental impacts from the Facility's use of radioactive material. 
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 Building 133. 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 Building 133 for 
unrestricted use and the termination of the Navy's materials permit is 
in compliance with 10 CFR 20.1402. Based on its review, the staff 
considered the impact of the residual radioactivity at Building 133 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 Navy's final 
status survey data confirmed that Building 133 meets the requirements 
of 10 CFR 20.1402 for unrestricted release and for permit termination. 
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

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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 North 
Carolina Department of Environment and Natural Resources, Radioactive 
Materials Branch for review on February 13, 2008. On February 14, 2008, 
the North Carolina Department of Environment and Natural Resources 
responded by e-mail. 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. NUREG-1720, ``Re-Evaluation of the Indoor Resuspension Factor 
for the Screening Analysis of the Building Occupancy Scenario for NRC's 
License Termination Rule--Draft Report;''
    2. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
    3. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination;''
    4. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions;''
    5. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities'' Volumes 1-3 (ML042310492, ML042320379, 
and ML042330385);
    6. NRC License No. 45-23645-01NA inspection and licensing records.
    7. Department of the Navy, Termination of Naval Radioactive 
Materials Permit No. 32-65923-S1NP issued to Naval Air Depot, Cherry 
Point, North Carolina, dated March 17, 2006 (ML060890561); and
    8. Department of the Navy, Request Assistance in Preparing an 
Environmental Assessment for Termination of Naval Radioactive Materials 
Permit No. 32-65923-S1NP issued to Naval Air Depot, Cherry Point, North 
Carolina, dated May 21, 2007 (ML071450474).
    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 8th day of May 2008.

    For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Security and Industrial Branch, Division of Nuclear Materials 
Safety, Region I.
 [FR Doc. E8-10860 Filed 5-14-08; 8:45 am]
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