[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Notices]
[Pages 59588-59590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27651]



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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0504; 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 150 at the Naval Medical Research Center in 
Bethesda, Maryland, Under Byproduct Materials License No. 45-23645-01NA

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for Permit Amendment.

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FOR FURTHER INFORMATION CONTACT: Orysia Masnyk Bailey, Health 
Physicist, Decommissioning 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 in accordance with NRC Byproduct Materials License No. 
45-23645-01NA. The NRC approval would authorize the Navy to release, 
for unrestricted use, Building 150 at the Naval Medical Research Center 
in Bethesda, Maryland. The Navy requested this action by letter July 
11, 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.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve the Navy's July 11, 2008, request 
to release Building 150 at the Naval Medical Research Center (NMRC) in 
Bethesda, Maryland (the Facility) for unrestricted release. The Navy 
completed initial decommissioning of the Facility (excluding Building 
150) in Bethesda, Maryland, in 2000. The NMRC was authorized to use 
licensed materials under Naval Radioactive Materials Permit 19-32398-
41NP in accordance with the Navy's Master Materials License No. 45-
23645-01NA. In the conduct of that initial decommissioning action the 
Navy requested authorization to postpone decommissioning activities at 
Building 150. Additionally, two underground storage tanks (USTs) were 
discovered during the decommissioning of the NMRC, and remediation of 
the USTs were added to the Navy's decommissioning work plan for 
Building 150.
    Building 150 was constructed in the early 1950s as a facility for 
the irradiation of animals to determine the effects of ionizing 
radiation on the organ and cellular systems. The radiation source used 
for these studies consisted of 2,500 curies of cobalt-60 in ceramic 
slugs arranged in circles. AEC License No. 19-02891-03 was issued on 
October 2, 1957, authorizing the use of cobalt-60 for this research. 
License No. 19-02891-03 expired on March 31, 1963.
    Building 150 is located on the grounds of the NMRC. The Facility 
consists of a 1,100 square foot building, with approximately one foot 
thick reinforced concrete walls. The building was divided into two 
radiation exposure rooms and a control room. The building is covered 
with a 10 inch thick overhead reinforced concrete slab. The control 
room is separated from the two radiation rooms by a 3 feet 10 inch 
thick radiation shield, constructed of reinforced barite concrete which 
is 45 pounds heavier per cubic foot then regular reinforced concrete. 
Radiation room 1, where the sources were stored, was further shielded 
by a 3 foot thick barite concrete wall.
    Several minor contamination incidents occurred during routine 
maintenance between 1951 and 1962, probably caused by cracks in the 
ceramic slugs. In April 1962, one of the NMRC employees was found to be 
internally contaminated with cobalt-60 during routine internal 
personnel monitoring. Investigation disclosed that widespread 
contamination was present on the ground surrounding the building. The 
cause of the contamination was determined to be a failure of the source 
capsule seals. Building 150 and surrounding grounds were originally 
decommissioned in 1963. The sources were transferred by Atlantic 
Research Corporation, under AEC License No. 45-02808-02, to Oak Ridge 
National Laboratory. Building 150 internals, roof, ventilation 
equipment, and 4 to 6 inches of soil adjacent to the building were 
removed by Navy personnel and disposed of as radioactive waste. In 
2002, following the initial decommissioning of the NMRC, the Navy 
initiated additional decommissioning of Building 150 and the 
underground storage tanks (UST). Remediation activities included 
removal of the USTs, removal of contaminated soil adjacent to Building 
150, scabbling of concrete surfaces within Building 150, and removal of 
rubble and drain lines within the Facility.

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 
the unrestricted use of its Facility and the termination of the permit. 
NRC is fulfilling its responsibilities under the Atomic Energy Act to 
make a timely decision on a proposed license amendment for 
decommissioning that ensures protection of the public health and 
safety.

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 in unsealed form: 
cobalt-60. The Navy conducted a final status survey in January 2004. 
This survey covered the areas of use at the Facility. 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 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 Navy'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 Navy's final status survey results are acceptable.
    Based on its review the staff has determined that the affected 
environment and any environmental

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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 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 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 Navy's request to terminate its permit 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 
Radiological Health Program in the Air and Radiation Management 
Administration of the Maryland Department of the Environment for review 
on August 13, 2009. On September 14, the State of Maryland 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. 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;''
    5. NRC License No. 45-23645-01NA inspection and licensing records;
    6. NMRC Historical Site Assessment (HAS) Volume I of II, dated June 
15, 1999 (ML082280739);
    7. NMRC Historical Site Assessment (HAS) Volume II of II, dated 
June 15, 1999 (ML082280809);
    8. NMRC Radiological Decontamination and Decommissioning (D&D) 
Plan, Revision 1, dated August 17,1999 (ML082280784 and ML082280814);
    9. Radiological Decontamination and Decommissioning (D&D) Final 
Status Survey Report, dated April 2000 (ML082280117 and ML082280147);
    10. Radiological Decontamination and Decommissioning (D&D) Final 
Status Survey Report, dated June 16, 2000 (ML082280738 and 
ML082280755);
    11. Radiological Decontamination and Decommissioning (D&D) Final 
Status Survey Report, dated August 2000 (ML082280309, ML082280317, 
ML082280334, and ML082280287);
    12. NRC letter dated February 29, 2000, ``Decommissioning Plans for 
Naval Medical Research Center'' (ML003687082);
    13. Department of the Navy Letter dated July 6, 2005, 
``Decommissioning of the Former Naval Medical Research Center (NMRC), 
Bethesda, MD'' (ML051940414);
    14. Department of the Navy letter dated October 22, 2007, 
``Building 150 and Underground Storage Tank Decommissioning Project, 
National Naval Medical Center, Bethesda, MD'' (ML073060430); and
    15. Department of the Navy Letter dated July 11, 2008, ``Naval 
Medical Research Center (NMRC), Bethesda Decommissioning 
Documentation'' (ML082270292).

    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.


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    Dated at Region I, 475 Allendale PA, King of Prussia, PA this 
10th day of November 2009.

    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial & R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E9-27651 Filed 11-17-09; 8:45 am]
BILLING CODE 7590-01-P