[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77118-77121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31418]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-04530; NRC-2012-0313]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment for the United States 
Department of Agriculture, Beltsville, MD

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability.

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FOR FURTHER INFORMATION CONTACT: Mark C. Roberts, Senior Health 
Physicist, Decommissioning Branch, Division of Nuclear Materials 
Safety, Region I, U.S. Nuclear Regulatory Commission, King of Prussia, 
PA 19406; telephone: 610-337-5094; fax number: 610-337-5269; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of a license amendment to NRC License No. 19-00915-03, issued 
to the United States Department of Agriculture (USDA or the licensee), 
to authorize decommissioning of its Low-Level Radiation Burial Site at 
the Beltsville Agricultural Research Center (or the Site) in 
Beltsville, Maryland, so that the residual radioactivity at the site 
can be reduced to a level that meets the criteria for release for 
unrestricted use. The USDA license would not be terminated at the time 
of release for unrestricted use because the USDA would continue to 
conduct authorized activities under this license at other locations. 
The NRC has prepared an Environmental Assessment (EA) in support of 
this amendment in accordance with the requirements of Part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions,'' to Title 10 of the Code of Federal 
Regulations (10 CFR), which implements the NRC's environmental 
protection program under the National Environmental Policy Act of 1969, 
as amended (NEPA). Based on the EA, the NRC has concluded that a 
Finding of No Significant Impact (FONSI) is appropriate. The amendment 
approving the Decommissioning Plan would be issued following completion 
of a Safety Evaluation Report.

II. Environmental Assessment

Background

    In 1949, the USDA initiated disposal of low-level radioactive waste 
from research laboratory operations at the USDA's Low-Level Radiation 
Burial Site at the Beltsville Agricultural Research Center in 
Beltsville, Maryland under agreement with the USDA and the U.S. Atomic 
Energy Commission (AEC) (predecessor of the NRC). The authorization for 
onsite disposal by burial in soil was subsequently established in AEC 
and NRC regulations (10 CFR 20.304, ``Disposal by Burial in Soil''). In 
January 1981, the NRC rescinded the regulations in 10 CFR 20.304 that 
authorized generic onsite disposals by burial in soil. However, the 
USDA continued authorized disposal of low-level radioactive wastes at 
the Site under the regulations in 10 CFR 20.302, ``Method for Obtaining 
Approval of Proposed Disposal Procedures,'' with specific prior 
approval of the NRC. In 1987, the USDA initiated use of a commercial 
service to have radioactive waste transported and disposed at a 
licensed disposal facility and terminated radioactive waste disposal at 
the Site.
    The low-level radioactive wastes generated by the USDA research 
laboratories included gloves, paper, liquid scintillation vials, small 
glass and plastic laboratory containers, metal and fiberboard drums, 
and decomposed small animal carcasses. The radioactive isotopes used at 
the USDA facilities and disposed as radioactive waste at the Site were 
primarily tritium and carbon-14, with significantly lesser quantities 
of chlorine-36, nickel-63, strontium-90, cesium-137, lead-210, and 
radium-226. In addition to the radioactive materials disposed as waste, 
non-radiological chemicals were included in the waste buried at the 
Site. The burials consisted

[[Page 77119]]

of 46 separate disposal pits in an area of approximately 0.7 acres. The 
pits are approximately 10 feet wide by 12 feet long by 10 feet deep and 
are separated approximately five feet horizontally from one another. 
The pits are located in gently sloping agricultural land with no 
wetlands or surface water features. After each pit was filled with 
waste, it was backfilled to surface grade with at least 5 feet of clean 
soil. The USDA estimates that as much as 33,000 cubic feet of waste may 
have been buried at the Site. Activities at the Site since termination 
of disposals have included monitoring groundwater contamination and 
performing characterization studies in four of the disposal pits. 
Measurements of groundwater samples in the immediate vicinity of the 
Site have identified migration of tritium and carbon-14 into the 
groundwater, but the current concentrations do not exceed the National 
Primary Drinking Water regulations of the United States Environmental 
Protection Agency (USEPA) (derived concentrations from 40 CFR 141.66, 
``Maximum Contaminant Levels for Radionuclides'').
    In accordance with 10 CFR 30.36, ''Expiration and Termination of 
Licenses and Decommissioning of Sites and Separate Buildings or Outdoor 
Areas,'' the USDA is required to submit a Decommissioning Plan since 
principal licensed activities are no longer being performed at the 
Site. On August 20, 2009, the USDA requested that the NRC approve a 
Decommissioning Plan for the Site, which when completed, would allow 
the site to meet the radiological criteria for release for unrestricted 
use (Agencywide Document Access and Management System (ADAMS) Nos. 
ML092370149, ML092370159, and ML092370172). The NRC staff conducted 
reviews of the Decommissioning Plan and, in a September 14, 2010 letter 
(ADAMS No. ML102600244), requested additional information regarding the 
selection of input parameter values for the calculation of potential 
radiation dose from residual activity in the soil. The Revised Final 
Decommissioning Plan, Low Level Radioactive Burial Site, Beltsville 
Agricultural Research Center, Beltsville, Maryland (including the Final 
Status Survey Plan), dated January 2012 (ADAMS No. ML120600551), and 
the Addendum Memorandum to the Decommissioning Plan, dated February 
2012 (ADAMS No. ML120600526), reflect resolution of NRC staff 
questions. On July 11, 2012 (77 FR 40917), the NRC issued a Federal 
Register Notice (FRN), announcing the USDA license amendment request 
and providing an opportunity for the public to provide comments, 
request a hearing and petition for leave to intervene. The NRC did not 
receive any comments, hearing requests or petitions for leave to 
intervene on the Decommissioning Plan.

Proposed Action

    The proposed action is to amend NRC License No. 19-00915-03 to 
authorize the decommissioning of the Site so that the residual 
radioactivity at the Site can be reduced to a level that meets the 
criteria for release for unrestricted use found in 10 CFR 20.1402, 
``Radiological Criteria for Unrestricted Use.'' Section 20.1402 allow 
unrestricted use of a site if the maximum Total Effective Dose 
Equivalent to an average member of the critical group is 25 millirem 
per year and the residual radioactivity has been reduced to levels that 
are as low as reasonably achievable (ALARA). Because the USDA conducts 
authorized activities under this license at numerous other locations, 
the USDA is not requesting license termination.
    The USDA desires to remove the buried waste and thus eliminate the 
source of radioactive contamination. The planned remediation actions 
for the Site should also be effective in addressing the non-
radiological contaminants. The USDA explains that regulatory authority 
regarding the acceptability of any residual quantities of the non-
radiological contaminants in soil (and potentially groundwater) lies 
with the USEPA under the authority of their ongoing evaluation of the 
Site under the Comprehensive Environmental Response, Compensation, and 
Liability Act.
    The USDA proposes to exhume the waste from the burial pits and 
transport the waste and contaminated soil to authorized treatment or 
disposal facilities. Following completion of the removal and 
transportation activities, the USDA will conduct a final status survey 
of the remediated area. The area to be released under this 
decommissioning effort will be surveyed in accordance with the guidance 
contained in the ``Multi-Agency Radiation Survey and Site Investigation 
Manual (MARSSIM),'' NUREG-1575, Rev. 1 (ADAMS No. ML082470583). The 
final approval that the Site meets the radiological criteria for 
release for unrestricted use would be contingent upon the NRC staff's 
approval of the licensee's final status survey report.

Need for the Proposed Action

    The current USDA license does not authorize decommissioning 
activities to be conducted. The NRC regulations in 10 CFR 30.36 (g)(1), 
in part, require a Decommissioning Plan to be submitted if the 
procedures and activities necessary to carry out decommissioning have 
not been approved by the Commission and these procedures could increase 
potential health and safety impacts to workers or the public.

Environmental Impacts of the Proposed Action

    The NRC staff has reviewed the Decommissioning Plan for the USDA's 
Low-Level Radiation Burial Site and examined the impacts of 
decommissioning. Based on its review, the staff has determined that the 
affected environment and the environmental impacts associated with this 
decommissioning action (including waste transportation impacts) are 
bounded by information contained in the ``Generic Environmental Impact 
Statement (GEIS) in Support of Rulemaking on Radiological Criteria for 
License Termination of NRC-Licensed Nuclear Facilities,'' NUREG-1496, 
Vols. 1, 2 and 3 (ADAMS Nos. ML042310492, ML042320379, and 
ML042330385). The NRC staff determined that the contaminants, the 
potential dose scenarios or pathways, the physical size of the site, 
and the volumes of waste expected to be generated at USDA site are not 
sufficiently different from those in the GEIS reference facilities to 
change conclusions regarding environmental impacts. No additional non-
radiological impacts were identified. A beneficial environmental impact 
of the proposed action is that there will no longer be migration of 
radioactive contamination to soil or groundwater because the source of 
the contamination will be removed.
    In the Decommissioning Plan, the USDA indicates that they will 
implement controls and perform radiological sampling and analysis to 
limit the potential release of radioactive material. Contamination 
controls, such as the use of containment structures, covers for loaded 
containers, or water sprays for dust control, will be implemented 
during decommissioning activities to prevent airborne contamination 
from escaping the remediation work areas; therefore, no significant 
release of airborne contamination is anticipated. Air sampling and 
analysis will be conducted to ensure regulatory criteria are met for 
air effluents. No liquid effluents are expected to be generated during 
decommissioning. Controls, such as silt fences and water diversion 
berms will be put in place to control water inflow or runoff due to 
precipitation.

[[Page 77120]]

Radioactive waste will be placed in suitable transport containers that 
will be covered to prevent access and staged within the fenced property 
pending shipment to a licensed radioactive waste treatment or disposal 
facility.
    The USDA intends to use an NRC-licensed decommissioning contractor 
to perform remediation activities at the Site. The contractor will 
perform these activities under the authority of its NRC license. The 
USDA will oversee the activities and will maintain primary 
responsibility for the decommissioning project. The USDA indicates that 
the contractor will have developed adequate radiation protection 
procedures and capabilities and will implement an acceptable program to 
keep exposure to workers and the public from radioactive materials to 
levels that are ALARA. As noted, the USDA has prepared a 
Decommissioning Plan describing the work to be performed, and, as 
explained by the licensee, work activities are not anticipated to 
result in a dose to workers or the public in excess of the limits in 10 
CFR Part 20, ``Standards for Protection Against Radiation.'' The NRC's 
past experience with decommissioning activities at sites similar to the 
USDA site indicates that public and worker exposure will be far below 
the limits in 10 CFR Part 20. The NRC staff will perform inspections at 
the site to confirm compliance with applicable regulations.
    The NRC staff has also extensively reviewed and requested revisions 
to the USDA's dose analysis from residual contamination that may remain 
following decommissioning. Based on its review, the NRC staff concludes 
that the proposed Derived Concentration Guideline Levels developed for 
this project meet the relevant NRC requirements in 10 CFR 20.1402, 
``Radiological Criteria for Unrestricted Use.'' Using the guidance in 
NUREG-1757, Vol.1, Rev. 2, ``Consolidated Decommissioning Guidance, 
Decommissioning Process for Materials Licensees'' (ADAMS No. 
ML063000243), the staff documented their review of the health and 
safety and environmental aspects of the Decommissioning Plan, including 
the evaluation of the proposed Derived Concentration Guideline Levels, 
in a Safety Evaluation Report (ADAMS No. ML12314A076).

Alternatives to the Proposed Action

    The alternative the NRC staff considered is the no-action 
alternative, under which the staff would deny the amendment request to 
initiate remediation activities at the Site. This approach is not 
acceptable because the burial pits contain residual radioactive 
material exceeding NRC's criteria for release for unrestricted use and 
the no action alternative is inconsistent with the requirements in 10 
CFR 30.36,''Expiration and Termination of Licenses and Decommissioning 
of Sites and Separate Buildings or Outdoor Areas,'' for the 
decommissioning of sites where principal licensed activities are no 
longer being performed.

Agencies and Persons Contacted

    In accordance with Section 106 of the National Historic 
Preservation Act, NRC staff provided a location map and a description 
of the decommissioning project to the Maryland Historical Trust 
requesting information on historic properties in the vicinity of the 
proposed decommissioning project. (The Trust serves as Maryland's State 
Historic Preservation Office pursuant to the National Historic 
Preservation Act). The Maryland Historical Trust provided a response 
identifying one nearby property and indicating there would be ``No 
Adverse Effect'' to this property as a result of the decommissioning 
project (ADAMS No. ML12237A250). Therefore, the NRC staff has 
determined that the proposed action would have no adverse effects on 
historic properties.
    In accordance with Section 7 of the Endangered Species Act, the NRC 
staff contacted relevant wildlife agencies for information on rare, 
threatened or endangered species that could be present in the vicinity 
of the Site. The United States Department of the Interior, U.S. Fish & 
Wildlife Service and the Wildlife and Heritage Service of the Maryland 
Department of Natural Resources provided responses indicating that 
there is no State or Federal records for rare, threatened or endangered 
species within the delineated boundaries of the project site (ADAMS 
Nos. ML12237A229 and ML12275A103, respectively). Therefore, the NRC 
staff has determined that the proposed action would not affect listed 
species or critical habitat.
    In accordance with the Memorandum of Understanding between the 
USEPA and the NRC on ``Consultation and Finality on Decommissioning and 
Decontamination of Contaminated Sites,'' on March 22, 2012, the NRC 
provided a consultation letter to the USEPA regarding the planned level 
of residual radioactive soil concentrations in the proposed plan (ADAMS 
No. ML120760350).
    On October 23, 2012, the NRC staff provided a draft of the EA to 
the Maryland Department of the Environment (MDE) for comment. MDE 
requested information confirming that the area to be remediated was 
under ``Exclusive Federal Jurisdiction.'' The NRC forwarded information 
provided by the USDA (ADAMS Nos. ML12325A201 and ML12325A228) to the 
MDE that confirmed that the area to be remediated was under ``Exclusive 
Federal Jurisdiction.'' On November 8, 2012, an MDE representative 
responded that the MDE had no additional comments on the EA (ADAMS No. 
ML12325A256).

III. Finding of No Significant Impact

    The NRC staff has prepared an EA in support of the proposed license 
amendment for decommissioning the USDA's Low-Level Radiation Burial 
Site at the Beltsville Agricultural Research Center in Beltsville, 
Maryland to reduce residual radioactivity to levels consistent with the 
release for unrestricted use. The staff has found that the radiological 
environmental impacts from the proposed amendment 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 Facilities'' (NUREG-1496) and that the relevant NRC 
requirements in 10 CFR 20.1402, ``Radiological Criteria for 
Unrestricted Use,'' will be met. The staff has also found that the non-
radiological impacts are not significant. On the basis of the EA, NRC 
has concluded that there are no significant environmental impacts from 
the proposed amendment and has determined not to prepare an 
environmental impact statement.

IV. Further Information

    Documents related to this action, including the application for 
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, which provides text and image 
files of NRC's public documents. 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 email to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's Public Document Room (PDR), O 1 F21, One 
White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR 
reproduction contractor will copy documents for a fee.


[[Page 77121]]


    Dated at King of Prussia, Pennsylvania this 19th day of December 
2012.
    For the Nuclear Regulatory Commission.
Marc S. Ferdas,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. 2012-31418 Filed 12-28-12; 8:45 am]
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