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[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Notices]
[Pages 20546-20548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11293]

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NUCLEAR REGULATORY COMMISSION

Jefferson Proving Ground (U.S. Army), Indiana

[Docket No. 040-08838]
AGENCY: Nuclear Regulatory Commission.

ACTION: Finding of no significant impact associated with amendment to 
Materials License SUB-1435 for Release of Area South of Firing Line for 
Unrestricted Use, U.S. Army Jefferson Proving Ground, Madison, IN.
    The U.S. Nuclear Regulatory Commission is considering issuing an 
amendment to Material License No. SUB-1435, to release, for 
unrestricted use, that portion of the U.S. Army

[[Page 20547]]

Jefferson Proving Ground (JPG), Madison, IN, located south of the 
firing line, in response to a license amendment application dated 
September 29, 1995.

Summary of Environmental Assessment

Background

    The U.S. Army (the licensee) holds NRC Material License No. SUB-
1435 to use, store, and test depleted uranium (DU) munitions at the 
JPG, Madison, Indiana. In accordance with the Defense Authorization 
Amendments and Base Realignment and Closure Act of 1988 (Public Law 
100-526), the licensee was required to close the JPG base on September 
30, 1995.
    The JPG site has been divided into two parts, separated along a 
line (firing line) connecting Gate 19 (west) with Gate 1A (east). The 
two areas have been designated ``the area north of the firing line'' 
and ``the area south of the firing line.''
    The area north of the firing line contains the DU impact area and 
consists of approximately 12,000,000 m \2\ (3,000 acres) located in the 
south-central portion of the site. The area located south of the firing 
line contains buildings and facilities that were used for storage of DU 
material and is the area that the licensee has requested be released 
for unrestricted use.

Identification of the Proposed Action

    In a letter dated September 29, 1995, the licensee referenced 
previous briefings and correspondence as the bases for undertaking the 
following proposed actions: (1) Transferring the license (SUB-1435) to 
Headquarters, U.S. Army Test and Evaluation Command (TECOM), until 
license termination and defining the DU impact area north of the firing 
line as the area that would be covered by the license (SUB-1435) 
transferred to TECOM; and (2) informing NRC of the completion of the 
decommissioning of the area south of the firing line and the proposed 
release of the area for unrestricted use.

The Need for the Proposed Action

    In accordance with the requirements of the Defense Authorization 
Amendment and Realignment Act of 1988 (Public Law 100-526), the 
licensee was required to close the JPG site on September 30, 1995. Upon 
base closure the JPG Army Command which managed the licensed material 
at the site was eliminated. On elimination of the JPG Army Command, 
responsibility for the licensed material at the JPG site was 
effectively transferred from the JPG Command (subordinate command) to 
TECOM.
    The portion of the JPG site located south of the firing line has 
been remediated to levels in compliance with the current NRC 
decommissioning criteria for unrestricted release. The licensee 
submitted a Final Survey Report (FSR) to NRC by letter dated March 8, 
1995. The staff reviewed the licensee's FSR and conducted a 
Confirmatory Radiological Survey (CRS) on June 6-8, 1995. Based on the 
FSR and CRS data, the staff concluded that the area south of the firing 
line meets NRC criteria for unrestricted release and can be removed 
from License SUB-1435.

Environmental Impact of the Proposed Action

    The actual oversight of the licensee's licensed activities at JPG 
was effectively transferred from the JPG Army Command to TECOM, on 
closure of the JPG facility. The overall effects of base closure, on 
the JPG license oversight, were the elimination of a lower level of 
management and the transfer of responsibility to a higher level of 
management within the same organization. The practical impact of the 
transfer is a change in the radiation protection officers and their 
locations.
    The staff, based on its review of the licensee's organization, has 
determined that it is acceptable for the licensee to transfer licensing 
responsibility for the area north of the firing line to what amounts to 
a higher level of management within the same organization. The 
reassignment of the JPG licensing responsibility to this higher level 
of management (TECOM) will not have an adverse impact on the 
environment nor on the health and safety of the public.
    The licensee's submittals indicate that the residual contamination 
levels comply with NRC's criteria for unrestricted release established 
in ``The Action Plan to Ensure Timely Decommissioning of Site 
Decommissioning Management Plan Sites'' (57 FR 13391) of April 16, 
1992. A confirmatory radiological survey conducted by NRC provided the 
staff with confidence in the accuracy and reliability of the licensee's 
final survey results. To alleviate concerns regarding potential 
inadvertent intrusion, from the area south of the firing line, into the 
DU impact area north of the firing line, the licensee has recently 
completed installation of a fence that will separate the area south of 
the firing line from the area north of the firing line. The NRC finds 
that because these criteria have been met and the fence has been 
installed, there is no significant impact on the environment and the 
area south of the firing line can be released for unrestricted use.

Alternatives to the Proposed Action

    Alternatives to the proposed actions include:
    (a) Transferring the License to another Army Command;
    (b) Postponing release of the area south of the firing line until 
final disposition of the area north of the firing line is determined; 
and
    (c) Taking no action.
    The JPG Army Command is a subordinate command to TECOM. The 
technical capabilities of TECOM exceed those of the JPG Command. The 
Army had the option of selecting other commands with equivalent or 
greater capability upon elimination of the JPG Command upon base 
closure. The licensee's decision to transfer the license responsibility 
to a higher level Command (TECOM) with greater technical capability is 
acceptable.
    Postponing release of the area south of the firing line is not 
consistent with the timeliness requirements of 10 CFR 40.42(g)(1) or 
the licensing provisions of Sec. 40.42(j). Therefore, timely release of 
the remediated JPG portion south of the firing line is consistent with 
NRC regulations. In addition, postponing its release would hinder the 
licensee's plans to use the land and facilities for other useful 
purposes.
    The ``no action alternative'' is unacceptable for the same reasons 
as postponed release.

Agencies and Persons Consulted

    NRC has consulted with the Indiana State Department of Health, 
Division of Indoor and Radiological Health concerning this 
environmental assessment. This agency has concurred with the NRC's 
assessment that the area south of the firing line at JPG can be 
released for unrestricted use.

Finding of No Significant Impact

    Based on the environmental assessment, the Commission concludes 
that the issuance of the license amendment will not have a significant 
effect on the quality of the human environment. Accordingly, the 
Commission has determined not to prepare an environmental impact 
statement for the proposed action.
    The environmental assessment and the documents related to this 
proposed action are available for public inspection and copying at 
NRC's Public Document Room, 2120 L Street, N.W., Washington, DC 20555.

    Dated at Rockville, Maryland this day of April, 1996.

[[Page 20548]]

    For the Nuclear Regulatory Commission.
Robert A. Nelson,
Acting Chief, Low-Level Waste and Decommissioning Projects Branch, 
Division of Waste Management, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 96-11293 Filed 5-6-96; 8:45 am]
BILLING CODE 7590-01-P
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