[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Notices]
[Pages 39991-39993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15793]


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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 5 at the Naval Air Warfare Center Weapons Division 
in China Lake, CA, 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; telephone (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 
allowing the Department of the Navy (Navy) to issue an amendment to a 
materials permit which is governed by the Navy's Master Materials 
License No. 45-23645-01NA pursuant to 10 CFR Part 30. The NRC approval 
would authorize the Navy to release, for unrestricted use, Building 5 
(the Facility), located at the Naval Air Warfare Center Weapons 
Division in China Lake, California. The Navy requested this action in a 
letter dated February 8, 2008. 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.

Background

    The materials permit for the Facility (NRMP No. 04-68307-WINP) was 
issued on August 7, 2003, and authorized the use of carbon-14 for 
preparation of radio-labeled derivatives of an energetic material for 
analysis by offsite laboratories. Additionally, bottles of thorium-232 
oxide powder and uranium dioxide (limited to amounts of 15 grams and 
100 grams, respectively) were also stored at the Facility.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve the Navy's February 8, 2008, 
request to release Building 5 at the Naval Air Warfare Center Weapons 
Division (NAWC) in China Lake, California (the Facility) for 
unrestricted use and the termination of its materials permit.
    NAWC China Lake is a 1.1 million acre (1735 square mile) military 
reservation in the upper Mojave Desert of south central California. It 
is divided into two major ranges, the North and South Ranges. The 
Facility is located on the North Range. The carbon-14 work area was 
confined to a corner of Room 1613 within the Facility, with dimensions 
of approximately 10 feet by 13 feet. The work area contained a table, a 
bench counter containing a sink, an adjoining bench counter, a fume 
hood, and a table. Room 1613 is approximately 18 feet by 30 feet by 15 
feet high in the carbon-14 work area and 20 feet high on the opposite 
side of the room.
    In November 2005, the Navy ceased licensed activities at the 
Facility and initiated decontamination of Room 1613. Scoping surveys 
were performed in March 2004, April 2005, and September 2006. Based on 
the Navy's historical knowledge of the site and the results of the 
scoping surveys, 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 in September 2007, 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 the Facility and seeks 
its unrestricted use and the termination of its materials permit.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted in the 
Facility shows that such activities involved use of the following 
radionuclides with half-lives greater than 120 days: Carbon-14 and 
thorium-232. Prior to performing the final status survey, the Navy 
conducted decontamination activities, as necessary, in the areas of the 
Facility affected by these radionuclides.
    The Navy conducted a final status survey in September 2007. This 
survey covered building and work area surfaces in the Facility. The 
final status survey report was submitted by letter dated February 8, 
2008. For the carbon-14, the Navy 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 Navy 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 Navy's final status survey 
results were below these DCGLs and are in compliance with the As Low As 
Reasonably Achievable

[[Page 39992]]

(ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the 
Navy's final status survey results are acceptable.
    For the thorium-232, the Navy elected to demonstrate compliance 
with the radiological criteria for unrestricted release as defined in 
10 CFR 20.1402 by developing a DCGL for thorium of 450 disintegrations 
per minute gross alpha activity per 100 square-centimeters area 
([alpha] dpm/100cm\2\) for the Facility. The past history of the 
Facility 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, and materials that will satisfy the NRC requirement 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 the 
Facility. 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 (ML042310492, ML042320379, and ML042330385). 
The staff finds there were no significant environmental impacts from 
the use of radioactive material in 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 and the termination of the permit is in compliance 
with 10 CFR 20.1402. Based on its review, the staff considered the 
impact of the residual radioactivity in 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 Navy's final 
status survey data confirmed that the Facility 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 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 
California Radiological Health Branch for review on April 21, 2008. On 
April 21, 2008, the California Radiological Health Branch 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.
    NUREG-1757, (Consolidated NMSS Decommissioning Guidance;''
    1. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination;''
    2. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations
    3. 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,''
    5. 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,
    6. NRC License No. 45-23645-01NA inspection and licensing records,
    7. Department of the Navy, Termination of Naval Radioactive 
Materials Permit No. 04-68937-W1NP Issued to Naval Air Warfare Center 
Weapons Division, China Lake, dated October 27, 2006 (ML063190505),
    8. Department of the Navy, Request Assistance in Preparing an 
Environmental Assessment to Release Building 5, Michelson Laboratory, 
Room 1613, Naval Air Warfare Center

[[Page 39993]]

Weapons Division, China Lake to Unrestricted Use, dated February 8, 
2008 (ML080650464), and
    9. New World Technology, Final Status Survey Report, Building 5, 
Michelson Laboratory, Room 1613, Naval Air Warfare Center Weapons 
Division, China Lake, CA, dated November 16, 2007 (ML080650470, 
ML080650474, and ML080650481).
    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 July 
2008.

    For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Materials Security and Industrial Branch, Division of Nuclear 
Materials Safety, Region I.
[FR Doc. E8-15793 Filed 7-10-08; 8:45 am]
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