[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41458-41459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19653]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0357; Docket No. 03037121]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Materials 
License No. 47-19315-02, for Termination of the License and 
Unrestricted Release of the West Virginia School of Osteopathic 
Medicine's Facility in Lewisburg, WV

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: Steve Hammann, Health Physicist, 
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 
I, 475 Allendale Road, King of Prussia, PA 19406; telephone (610)-337-
5399; fax number (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. 47-
19315-02. This license is held by West Virginia School of Osteopathic 
Medicine (the Licensee), for its Smith Science Building (the Facility), 
located at 400 North Lee Street in Lewisburg, West Virginia. Issuance 
of the amendment would authorize release of the Facility for 
unrestricted use and termination of the NRC license. The Licensee 
requested this action in a letter dated May 1, 2009. 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 May 1, 2009, 
license amendment request, resulting in release of the Facility for 
unrestricted use and the termination of its NRC materials license. 
License No. 47-19315-02 was issued on February 24, 2006, pursuant to 10 
CFR part 30, and has been amended once since that time. This license 
authorized the Licensee to use unsealed byproduct material for the 
purpose of conducting research and development activities on laboratory 
bench tops and in hoods.
    The Facility is located on the campus of the West Virginia School 
of Osteopathic Medicine and consists of classrooms, office space, and 
laboratories. The Facility is located in a mixed residential/commercial 
area. Within the Facility, use of licensed materials was confined to 
rooms 242 and 243 which have a combined area of 100 square meters.
    On July 10, 2007, 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 and 
for license termination.

Need for the Proposed Action

    The Licensee has ceased conducting licensed activities at the 
Facility, and seeks the unrestricted use of its Facility and the 
termination of its NRC materials license.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted at the 
Facility shows that such activities involved one radionuclide, 
hydrogen-3, with half-life greater than 120 days. Prior to performing 
the final status survey, the Licensee conducted decontamination 
activities, as necessary, in the areas of the Facility affected by the 
radionuclide.
    The Licensee conducted a final status survey on April 28, 2009. 
This survey covered the two rooms in which licensed materials were 
used. The final status survey report was attached to the Licensee's 
amendment request dated May 1, 2009. 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 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

[[Page 41459]]

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 and the termination of the NRC materials license is in 
compliance with 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 and for license 
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 State 
of West Virginia Office of Environmental Health Services for review on 
June 25, 2009. On July 23, 2009, the State of West Virginia Office of 
Environmental Health Services 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-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. Termination Request and Final Survey dated May 1, 2009 
(ML091390322).
    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 I, 475 Allendale Road, King of Prussia, PA this 
7th day of August 2009.

    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E9-19653 Filed 8-14-09; 8:45 am]
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