[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46624-46626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21854]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-34325; NRC-2009-0392]


Notice of Environmental Assessment Related to the Issuance of a 
License Amendment to Master Materials License 03-23853-01va, for 
Unrestricted Release of Two Buildings at Veterans Affairs Facility in 
Iowa City, IA

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: Katie Streit, Health Physicist, 
Materials Control, ISFSI, and Decommissioning Branch, Division of 
Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory 
Commission, 2443 Warrenville Road, Lisle, Illinois 60532; Telephone: 
(630) 829-9621; fax number: (630) 515-1259; or by e-mail at 
<a href="/cdn-cgi/l/email-protection#377c56435f52455e595219644345525e437759455419505841"><span class="__cf_email__" data-cfemail="7f341e0b171a0d16111a512c0b0d1a160b3f110d1c51181009">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend 
a materials permit held under Master Byproduct Materials License No. 
03-23853-01VA. The permit is held by the Department of Veterans Affairs 
(the Licensee), for its Veteran Affairs (VA) Medical Center located in 
Iowa City, Iowa. Issuance of the amendment would authorize release of 
Buildings 3 and 28 (the Facilities) for unrestricted use. The Licensee 
will continue its operation of other facilities under this permit and 
its master materials license. The Licensee requested this action in a 
letter dated March 19, 2009 (ML090910183). 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 March 19, 2009, 
materials permit amendment request, resulting in release of the 
Facilities for unrestricted use. License No. 03-23853-01VA was issued 
on March 17, 2003, pursuant to 10 CFR Parts 30 and 35, and has been 
amended periodically since that time. This master license authorizes 
the Licensee to use byproduct materials at several Licensee facilities 
around the country, as authorized on a site-specific basis by permits 
issued by the Licensee's National Radiation Safety Committee. Under the 
license, the permits authorize the use of by-product materials for 
various medical and veterinary purposes, and for portable gauges.
    Under the master materials license permit, buildings 3 and 28 were 
used as two research labs located at the VA Medical Center in Iowa 
City, IA. Building 3 is a two-story building containing 28301 gross 
square feet of space. Building 28 is a one-story building containing 
6099 gross square feet of space. Radioactive materials were used for 
non-medical research starting in 1980 for Building 3 and in 1987 for 
Building 28. Both buildings contained research laboratories, office 
space, and other mechanical support areas. Building 3 additionally 
contained laboratory ventilation exhaust fans, chemical diffusers, and 
storage space. The licensee ceased licensed activities at the 
Facilities in the spring of 2007 and conducted a final status survey 
and decontamination of the facilities in August 2007.
    Based on the licensee's historical knowledge of the site and the 
conditions of Buildings 3 and 28, 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 the NRC 
because worker cleanup activities and procedures are consistent with 
those approved for routine operations. The licensee conducted surveys 
of Buildings 3 and 28 and provided information to the NRC to 
demonstrate that Buildings 3 and 28 meet the criteria in Subpart E of 
10 CFR Part 20 for unrestricted release.

Need for the Proposed Action

    The licensee has ceased conducting licensed activities at the 
facilities, and

[[Page 46625]]

seeks the unrestricted use of Buildings 3 and 28.

Environmental Impacts of the Proposed Actions

    The historical review of the licensed research activities conducted 
in Buildings 3 and 28 shows that the following radionuclides with half-
lives greater than 120 days were used: Hydrogen-3, Carbon-14, Sodium-
22, Calcium-45, Cobalt-57, Cadmium-109, Gadolinium-151 and Gadolinium-
153. Prior to performing the final status survey, the Licensee 
conducted decontamination activities, as necessary, in the areas of 
Buildings 3 and 28 affected by these radionuclides.
    The licensee conducted a final status survey during August 2007 
(Agencywide Documents Access and Management System (ADAMS) Accession 
No. ML090910316, ML090910669, ML090910721, ML090910727). The final 
status survey report was attached to the Licensee's amendment request 
dated March 19, 2009. The licensee elected to demonstrate compliance 
with the radiological criteria for unrestricted use as specified in 10 
CFR 20.1402 by setting the Derived Concentration Guideline Limits 
(DCGLs) to the surface contamination levels in unrestricted areas as 
described in NUREG-1556, ``Consolidated Guidance About Material 
Licenses'' Volume 9, Appendix R, Table R.3. The licensee used the 
surface contamination levels in unrestricted areas to satisfy the NRC 
requirement in Subpart E of 10 CFR Part 20 for unrestricted use. The 
licensee's final status survey results were below the 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 
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 within Buildings 3 and 28. 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 buildings. 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 Buildings 3 and 28 
for unrestricted use is in compliance with 10 CFR 20.1402. Based on its 
review, the staff considered the impact of the residual radioactivity 
from Buildings 3 and 28 and concluded that the proposed action will not 
have a significant effect on the quality of the 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 Buildings 3 and 28 meet the 
requirements of 10 CFR 20.1402 for unrestricted use. 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 use 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

    On July 27, 2009, the NRC provided a draft of this EA to the State 
of Iowa, Iowa Department of Public Health, Bureau of Radiological 
Health. The State responded during phone conversation on August 10, 
2009, and had no comment or questions regarding the EA.
    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 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 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 e-mail to <a href="/cdn-cgi/l/email-protection#c6b6a2b486a8b4a5e8a1a9b0"><span class="__cf_email__" data-cfemail="50203422103e22337e373f26">[email protected]</span></a>. The 
documents related to this action are listed below, along with their 
ADAMS accession numbers.
    1. National Health Physics Program Request for Decommissioning for 
Unrestricted Release of Buildings 3 & 28 for Demolition, dated March 
19, 2009 (ADAMS Accession No. ML090910183).
    2. Radiological Assessment of the Department of Veterans Affairs 
Medical Center Deconstruct Buildings 3 and 28, Iowa City, IA, Volume 1, 
dated August 26, 2008 (ADAMS Accession No. ML090910316).
    3. Radiological Assessment of the Department of Veterans Affairs 
Medical Center Deconstruct Buildings 3 and 28, Iowa City, IA, Volume 2, 
dated August 26, 2008 (ADAMS Accession No. ML090910669).
    4. Radiological Assessment of the Department of Veterans Affairs 
Medical Center Deconstruct Buildings 3 and 28, Iowa City, IA, Volume 3, 
dated August 26, 2008 (ADAMS Accession No. ML090910721).
    5. Radiological Assessment of the Department of Veterans Affairs 
Medical Center Deconstruct Buildings 3 and 28, Iowa City, IA, Volume 4, 
dated August 26, 2008 (ADAMS Accession No. ML090910727).

[[Page 46626]]

    6. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination.''
    7. Title 10 Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Function.''
    8. NUREG-1556, ``Consolidated Guidance about Material Licenses,'' 
Volume 9.
    9. NUREG-1757, ``Consolidated Decommissioning Guidance.''
    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 <a href="/cdn-cgi/l/email-protection#522236207c2037213d27203137123c20317c353d24"><span class="__cf_email__" data-cfemail="512135237f2334223e24233234113f23327f363e27">[email protected]</span></a>. 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 Lisle, Illinois, this 24th day of August 2009.

    For the Nuclear Regulatory Commission.

Christine A. Lipa,
Branch Chief, Materials Control, ISFSI, and Decommissioning Branch, 
Division of Nuclear Materials Safety, Region III.
[FR Doc. E9-21854 Filed 9-9-09; 8:45 am]
BILLING CODE 7590-01-P


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