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Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Master Materials License No. 45-23645-01NA, for Amendment of the License and Unrestricted Release of the Navy's Facility in Keyport, WA

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[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]
[Page 75586-75588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de06-110]

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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-29462]

Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Master
Materials License No. 45-23645-01NA, for Amendment of the License and
Unrestricted Release of the Navy's Facility in Keyport, WA

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: Orysia Masnyk Bailey, Health Physicist,

[[Page 75587]]

Materials Security & Industrial Branch, Division of Nuclear Materials
Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania
19401; phone number (864) 427-1032; fax number (610) 680-3497; or by e-
mail: omm@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of a license amendment to Byproduct Master Materials License
No. 45-23645-01NA. This license is held by the Department of the Navy
(the Licensee), for various locations including its Naval Undersea
Warfare Center Division (the Facility), located in Keyport, Washington.
Issuance of the amendment would authorize release of Building 5003 at
the Facility for unrestricted use. The Licensee requested this action
in a letter dated October 11, 2005. 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 October 11, 2005,
license amendment request, resulting in release of Building 5003 at the
Facility for unrestricted use. License No. 45-23645-01NA was issued on
March 23, 1987, pursuant to 10 CFR Part 30, and has been amended
periodically since that time. The Naval Undersea Warfare Center was
authorized under the Navy's Master Materials License from 1987 through
1994 to use unsealed radioactive materials (Krypton 85) in a RADIFLO
leak test unit at the site. From 1976 to 1987, the same licensed
material was used at the site under NRC License No. 46-09611-03.
    Building 5003 is a one story structure, approximately 60 feet by 31
feet, with one to two foot thick outer and inner concrete walls. The
RADIFLO unit was contained in a 10 by 17 foot room that was ventilated
by a separate filtered air exhaust system leading to the roof and outer
environs. The building is located in an isolated area of the Naval
Undersea Warfare Center. NRC-licensed activities performed at the Naval
Undersea Warfare Center were limited to the use of Krypton 85 gas in a
RADIFLO leak test unit. Impacted areas were contained within the leak
test unit. The leak test unit, including the three tanks containing the
Krypton 85, and exhaust venting within the room were removed. While
Krypton 85 was released to the environment during operation, because it
is a noble gas, no contamination remains.
    In 1994, 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.

Need for the Proposed Action

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

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: Krypton 85. Prior
to performing the final status survey, the Licensee removed the RADIFLO
unit and associated air exhaust system.
    The Licensee conducted a final status survey of Building 5003 on
November 15, 2004. The final status survey report was attached to the
Licensee's amendment request dated October 11, 2005. 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. Krypton 85 is a noble gas that
would only have accumulated within the RADIFLO device which was
removed. The maximum radiation levels detected at the facility were at
natural background levels. The NRC concludes 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).
Accordingly, 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 found 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 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. Additionally,
this denial of the application 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

[[Page 75588]]

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
Washington State Department of Health, Office of Radiation Protection
for review on October 31, 2006. On November 6, 2006, the Washington
State Department of Health, Office of Radiation Protection responded by
electronic mail. The State agreed with the conclusions of the EA, and
provided editorial 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. Department of the Navy, Termination of Naval Radioactive
Materials Permit No. 46-00253-B1NP Issued to Naval Undersea Warfare
Center Division, Keyport, Washington, dated October 11, 2005
(ML052970305); and
    7. Department of the Navy, Final Status Survey for Naval Undersea
Warfare Center and supporting documentation, dated December 15, 2004
(ML060390731).
    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 pdr@nrc.gov. 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 King of Prussia this 5th day of December 2006.

    For The Nuclear Regulatory Commission.
Marie Miler,
Chief, Materials Security & Industrial Branch, Division of Nuclear
Materials Safety, Region I.
[FR Doc. E6-21355 Filed 12-14-06; 8:45 am]
BILLING CODE 7590-01-P 

 
 


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