[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Notices]
[Pages 75653-75656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32146]


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NUCLEAR REGULATORY COMMISSION

[Docket: 030-19913]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment for Enviro-Test 
Laboratories, Casper, WY

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of Environmental Assessment and Finding of No 
Significant Impact.

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FOR FURTHER INFORMATION CONTACT: Robert J. Evans, Senior Health 
Physicist, Fuel Cycle and Decommissioning Branch, Division of Nuclear 
Materials Safety, Region IV Office, U.S. Nuclear Regulatory Commission, 
Arlington, Texas 76011. Telephone: (817) 860-8234; fax number: (817) 
860-8188; e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
approval of Enviro-Test Laboratories' (the licensee's) decommissioning 
plan for its former laboratory facility located in Casper, Wyoming, and 
terminating NRC Materials License 49-21194-01. Enviro-Test Laboratories 
(the licensee) submitted a decommissioning plan (DP) to the U.S. 
Nuclear Regulatory Commission (NRC) by letter dated October 1, 2002. 
The licensee subsequently submitted supplemental information by letters 
dated June 2 and July 18, 2003. The licensee's request for the proposed 
action was previously noticed in the Federal Register on June 24, 2003 
(68 FR 37572), with a notice of an opportunity to request a hearing and 
an opportunity to provide comments on the action and its environmental 
impacts. No requests for hearing or comments were received.
    The licensee requested that its former laboratory in Casper, 
Wyoming, be released for unrestricted use. The NRC has prepared an 
Environmental Assessment (EA) in support of these actions in accordance 
with the

[[Page 75654]]

requirements in 10 CFR Part 51. Based on the EA, the NRC has concluded 
that a Finding of No Significant Impact (FONSI) is appropriate. The 
amendment will be issued following publication of this notice.

II. Environmental Assessment

A. Proposed Action

    The proposed action is to release for unrestricted use the former 
laboratory located in Casper, Wyoming. This would be accomplished by 
license amendment to terminate NRC Materials License 49-21194-01 upon 
NRC approval that the site meets its standards for unrestricted release 
as specified in 10 CFR part 20.

B. Need for Proposed Action

    The licensee needs to have the site removed from its license 
because it no longer plans to conduct NRC-licensed activities at this 
location. Further, if the amendment request is approved, the licensee 
would then be in compliance with the Timeliness Rule requirements of 10 
CFR 30.36, ``Expiration and Termination of Licenses and Decommissioning 
of Sites and Separate Buildings or Outdoor Areas.''

C. Facility Description/History

    Chemical and Geological Laboratories, the original licensee, 
received NRC Materials License 49-21194-01 during February 1983. Core 
Laboratories became the licensee during July 1987 followed by Enviro-
Test Laboratories during November 2000. Amendment 6 dated August 26, 
2003, authorizes Enviro-Test Laboratories to possess small quantities 
of tritium, byproduct material, special nuclear material, and uranium 
mill tailings at its Casper, Wyoming, facility. The authorized uses 
included environmental and bioassay sampling, possession of laboratory 
standards and calibration sources, and evaluation of sealed source leak 
tests.
    The licensee also conducted tests of non-radiological samples. 
According to information provided by the licensee, the laboratory was 
used for a broad range of analytical tests for metals, inorganic water 
parameters, organics, and petroleum products. There was also a coal 
analysis lab in part of the facility for a period of time. The licensee 
possessed and used a wide range of chemicals and standards to support 
these analytical tests.
    The licensee halted operations in July 2002 and subsequently 
initiated decommissioning activities, which they completed in October 
2002. Enviro-Test Laboratories submitted a DP to the NRC by letter 
dated October 1, 2002. The licensee submitted supplemental DP 
information by letters dated June 2 and July 18, 2003. In addition, the 
licensee submitted an NRC Form 314, ``Certificate of Disposition of 
Materials,'' dated January 31, 2003, requesting termination of its 
radioactive materials license following the NRC's release of the 
property for unrestricted use.
    The laboratory is located at 420 West First Street in Casper, 
Wyoming. The legal description of the property is: Lots 26-34 
inclusive, Block 7, Midwest Addition to the City of Casper.

D. Radiological Status

    The licensee possessed small quantities of numerous radionuclides 
in both sealed and unsealed form. The licensee possessed about 30 
alpha-emitting radionuclides and 49 beta-gamma emitting radionuclides 
at time of closure. The predominant alpha-emitting radionuclide was 
thorium-230 based on the total radioactivity in the licensee's 
inventory. The licensee calculated that 49 percent of the total alpha 
activity was a result of thorium-230. The predominant beta-gamma 
emitting radionuclide was strontium-90 at 43.4 percent.
    As part of the decommissioning process, the licensee disposed or 
transferred all remaining radioactive material. Some of the radioactive 
calibration standards and sources were transferred to one of three NRC 
or state licensed laboratories. The remainder of the radioactive 
material was drummed for disposal at a commercial low-level waste 
disposal facility.
    The licensee submitted final status survey information to the NRC 
in its initial DP submittal dated October 1, 2002. The licensee's final 
status survey consisted of fixed (total surface) contamination surveys, 
removable contamination surveys, ambient gamma exposure rate 
measurements, and limited soil and water sampling.
    The NRC conducted a confirmatory radiological survey of the 
laboratory during June 17-18, 2003. The NRC determined that the former 
soil preparation room required additional remediation. In response to 
the NRC's findings, the licensee conducted additional decommissioning 
activities during early July 2003. Additional final status survey 
information was provided in the licensee's third DP submittal dated 
July 18, 2003. The NRC conducted a second confirmatory survey on August 
5, 2003. The results of the two NRC confirmatory surveys are provided 
in NRC Inspection Report 030-19913/2003-01. A detailed analysis of the 
licensee's final status survey report and the NRC's confirmatory survey 
will be included in the NRC's Safety Evaluation Report that will be 
used to support the termination of the license.

E. Alternatives

    The licensee seeks NRC approval of a license amendment request as 
submitted. The alternative available to the NRC to the proposed action 
is to take no action by denying the amendment request. The no-action 
alternative is not a feasible alternative because it will result in 
violation of NRC's Timeliness Rule (10 CFR 30.36), which requires 
licensees to decommission their facilities when licensed activities 
cease, and to request termination of their radioactive materials 
license. One potential impact from the no action alternative would be 
to restrict potential benefits from future uses of the site. Based on 
the analysis in this EA, which demonstrates that the licensee has met 
the license termination requirements in 10 CFR 20.1402, and NRC's 
statutory mission to protect public health and safety, the NRC has 
determined the no-action alternative is not reasonable. Therefore, the 
no-action alternative is eliminated from further consideration in this 
EA.

F. Affected Environment

    The laboratory was a 14,000-square foot (1301-square meter) 
facility comprised of three original buildings that had been connected 
in various remodeling projects over the past 20 years. The affected 
environment for the Proposed Action (NRC approval of the license 
amendment request) would be the interior of the building and the 
immediate vicinity of the building.
    The former laboratory building is located in an industrial/
commercial area of Casper with no residences immediately adjacent to 
the site. There are no streams or ponds on site property, although the 
North Platte River is located about 200 meters from the site property. 
Since the site is located within the city limits of Casper, municipal 
water is supplied to the former laboratory and nearby businesses.

G. Environmental Impacts

1. Occupational and Public Health Impacts
    Proposed Action. The radiological criteria for unrestricted use is 
provided in 10 CFR 20.1402. This regulation states that a site will be 
considered acceptable for unrestricted use if the residual 
radioactivity that is distinguishable from background radiation results 
in a total effective dose equivalent to an average member of the

[[Page 75655]]

public that does not exceed 25 millirems (0.25 mSv) per year, including 
that from groundwater sources of drinking water, and that the residual 
radioactivity has been reduced to levels that are as low as reasonably 
achievable (ALARA).
    Current NRC guidance (Section 2.5 of NUREG-1757, Volume 2, 
``Consolidated NMSS Decommissioning Guidance'') recommends that 
licensees demonstrate compliance with the dose criteria by using dose 
modeling or derived concentration guideline levels (DCGLs) and final 
status survey results. The licensee's request to release the site for 
unrestricted use is based, in part, on dose modeling calculations 
conducted using the NRC-approved DandD and RESRAD computer codes. The 
licensee used the DandD code (Version 2.1.0) to model the annual dose 
to members of the public inside of the building. The licensee also used 
the RESRAD computer code (Version 6.21) to model the annual dose to 
members of the public outside of the building. The code inputs included 
information obtained during the licensee's performance of the final 
radiological status survey, i.e., measured radioactivity at the site. 
The code outputs were then compared to the 25-millirem dose criteria.
    Using the DandD building occupancy scenario, the licensee conducted 
two analyses, one for all alpha-emitting radionuclides and the second 
for all beta-emitting radionuclides. The licensee used DandD's default 
parameters for both analyses. The licensee prorated the radionuclides 
based on the total activity in inventory at the time of facility 
closure. The licensee used 29 alpha-emitting radionuclides in the first 
analysis and 50 beta-gamma emitting radionuclides (including yttrium-
90) in the second analysis. The calculated total dose from all pathways 
was 9.88 millirems for alpha-emitting radionuclides and 12.4 millirems 
for beta-gamma emitting radionuclides. The combined total of the two 
analyses was 22.28 millirems per year, a dose that is below the 25-
millirem limit.
    The licensee also conducted an analysis using RESRAD for 
radionuclides that may be in the soil in the vicinity of the building. 
The licensee sampled the soil and determined that the soil contained 
measurable amounts of uranium, thorium, and radium. The inputs into 
RESRAD included radium-228 and thorium-232 because the licensee could 
not determine a background concentration for these radionuclides. The 
licensee did not include uranium and radium-226 in the RESRAD program 
because sample analyses indicated that these two radionuclides were at 
or below background levels. The licensee used the default RESRAD 
program parameters. The calculated maximum dose was 15.08 millirems per 
year, a dose rate below the 25-millirem per year limit. [Since DandD 
and RESRAD have different occupancy factors, it is not appropriate to 
add the building occupancy results and outdoor exposure results 
together. The DandD and RESRAD results are individually compared to the 
25-millirem limit.]
    During a portion of laboratory decommissioning, the licensee 
monitored worker exposures to radioactive materials. Occupational 
exposure records were reviewed during the June 2003 inspection (NRC 
Inspection Report 030-19913/2003-001). As noted in the Inspection 
Report, records for 2002 (the time frame when decommissioning was 
conducted) were not always available. The NRC staff believes, based on 
exposure and environmental records for 1998-2001, that worker exposure 
to radioactive materials was most likely well below the NRC's annual 
total effective dose equivalent limit during decommissioning 
activities.
    In summary, the licensee's final status survey results indicate 
that annual doses to occupants of the building and annual doses to 
members of the public located outdoors will be less than the NRC's 
radiological criteria for unrestricted use of the facility. Since the 
licensee used the default values for both computer codes, then the 
calculated results are considered conservative. No cumulative impacts 
or impacts of a non-radiological nature were identified in connection 
with the proposed action.
2. Environmental Resource Impacts
    Proposed Action. The licensee conducted studies to demonstrate that 
the area around and under the former laboratory had not been 
contaminated with radioactive material. The licensee collected soil 
samples from around the building for analysis. The sample results 
revealed detectable amounts of radioactive lead, radium, thorium, and 
uranium at or near background levels. These sample results could be 
representative of naturally occurring radionuclides in the soil. No 
man-made gamma emitting radionuclides were identified, including 
cobalt-60 and cesium-137. In summary, the soil sample results suggest 
that all radionuclides were undetectable or were at naturally occurring 
background levels.
    The licensee conducted a study to determine if there had been any 
contamination of soil or groundwater as a result of a leaking sump that 
was repaired during 1996. The study was conducted prior to start of 
decommissioning but was included in the DP submittal. The sample 
results identified radioactivity at background levels. The study 
concluded that the sump had not leaked detectable quantities of 
licensed radioactive material into the environs of the site.
    The property owner (not the same entity as the licensee) conducted 
sampling of the former sump during September 2001. During drilling 
operations, groundwater was encountered at approximately 10.5 feet 
below the surface. The data presented in the owner's TriHydro 
Corporation report dated November 29, 2001, indicated that soils in the 
area of the sump did not display elevated concentrations of any 
constituent, except non-radioactive mercury which is not regulated by 
the NRC. The report documents that mercury was identified in the 0-4 
foot sample at 95.6 mg/kg. The State of Wyoming's residential soil 
cleanup level is 23 mg/kg for mercury. The NRC does not have the 
regulatory authority to address the report of mercury contamination. As 
such, notification to the State of Wyoming was made by letter dated 
November 4, 2003. If the proposed action is implemented, any existing 
mercury in site soils would be part of the property that is released 
from NRC's license conditions.
    Current regulations allow licensees to dispose of radioactive 
material through the sanitary sewer system as long as the concentration 
limits provided in 10 CFR Part 20, Appendix B, Table 3, ``Release to 
Sewers,'' are not exceeded. The NRC conducted routine inspections of 
the facility, and waste disposal records were reviewed during these 
inspections. The NRC inspectors did not identify any violations of this 
regulation, suggesting that the licensee's waste disposal practices 
were in accordance with license and regulatory requirements.
    During the confirmatory survey of the laboratory, the NRC inspector 
surveyed the exterior of the building for ambient gamma exposure rates 
and sampled for total (fixed and removable) contamination at selected 
exterior surfaces. The only area that exhibited an elevated gamma 
exposure rate was a ventilation duct that exited the building from the 
former soil preparation room. This room was subsequently remediated a 
second time by the licensee. No other area, including adjacent land 
areas, exhibited elevated gamma exposure rates. In addition, no 
exterior surface contamination sample exhibited an

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elevated level of radioactivity. The NRC's confirmatory survey 
confirmed that the building exterior and the grounds around the 
building were not contaminated with radioactive material.
    Other than the presence of mercury in the former sump area in the 
rear of the building as discussed previously, no impacts of a non-
radiological nature were identified in connection with the proposed 
action. No cumulative impacts were identified.

H. Agencies and Persons Consulted and Sources Used

    The NRC staff have determined that the proposed action will not 
affect listed species or critical habitat. Therefore, no further 
consultation is required under Section 7 of the Endangered Species Act. 
Likewise, NRC staff have 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.
    The NRC consulted with the State of Wyoming on this EA. The State 
provided one comment regarding verification of waste disposal. The 
licensee subsequently provided documentation from the waste broker 
dated January 3, 2003, confirming that the radioactive wastes had been 
disposed in a state-licensed commercial waste facility in Richland, 
Washington.

I. Conclusion

    Based on its review, the NRC staff has concluded that the 
environmental impacts associated with the proposed action do not 
warrant denial of the license amendment request. The NRC staff believes 
that the proposed action will result in minimal environmental impacts. 
The staff has determined that the proposed action, approval of the 
license amendment request to release the facility for unrestricted use, 
is the appropriate alternative for selection.

J. List of Preparers

    This Environmental Assessment was prepared by Robert Evans, Senior 
Health Physicist, Fuel Cycle & Decommissioning Branch, Division of 
Nuclear Materials Safety, Region IV, and reviewed by Dr. D. Blair 
Spitzberg, Chief, Fuel Cycle & Decommissioning Branch.

K. References

    1. Enviro-Test Laboratories' Decommissioning Plan submittal 
dated October 1, 2002 (ML023190414, ML023190459, ML023190486, 
ML023190490, ML023190561, ML023220067, ML023220319, and ML023220321; 
restricted access due to personal privacy information being 
included).
    2. NRC letter to Enviro-Test Laboratories dated January 28, 
2003, Completeness Review of Decommissioning Plan (ML030280684).
    3. Enviro-Test Laboratories' Certificate of Disposition of 
Materials dated January 31, 2003 (ML031750843).
    4. Enviro-Test Laboratories' second Decommissioning Plan 
submittal dated June 2, 2003, Additional Information for 
Decommissioning Activities (ML031550560, ML031550604, ML031550624, 
and ML031550645).
    5. NRC letter to Enviro-Test Laboratories dated June 11, 2003, 
Acknowledgment of Receipt of Decommissioning Plan (ML031621024).
    6. NRC Notice of Consideration of Amendment Request for Enviro-
Test Laboratories dated June 16, 2003 (ML031671353).
    7. Enviro-Test Laboratories' third Decommissioning Plan 
submittal dated July 18, 2003, Site Closure Plan (ML032030605, 
ML032030619, ML032030621, ML032030623, ML032050081, and 
ML032050108).
    8. Oak Ridge Institute for Science and Education letter to NRC 
dated August 6, 2003, Revision to Analytical Results for Smear 
Results (ML032650667).
    9. NRC Inspection Report 030-19913/2003-01 dated September 24, 
2003 (ML032671377).
    10. TriHydro Corporation Report to Gene George dated November 
29, 2001 (ML033070386).
    11. State of Wyoming, Office of Homeland Security, letter to NRC 
dated November 17, 2003, RE: Request for Comments Regarding the 
Environmental Assessment for Decommissioning of the Enviro-Test 
Laboratories Facility dated November 4, 2003 (ML033280170).
    12. Environmental Management and Controls, Inc. letter to 
Enviro-Test Laboratories dated January 3, 2003, regarding disposal 
of radioactive wastes (ML033420169).

III. Finding of No Significant Impact

    Based on the environmental assessment, the staff concludes that 
the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the staff has 
determined that preparation of an environmental impact statement is 
not warranted.

IV. Further Information

    The documents related to this proposed action, including the 
application for the license amendment and supporting documentation, 
are available for inspection at NRC's Public Electronic Reading Room 
at http://www.nrc.gov/reading-rm/adams.html, at the ADAMS Accession 
Nos. listed with the documents. 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.

    Dated at Arlington, Texas, this 15th day of December, 2003.

    For the Nuclear Regulatory Commission.
D. Blair Spitzberg,
Chief, Fuel Cycle Decommissioning Branch, Division of Nuclear Materials 
Safety Region IV.
[FR Doc. 03-32146 Filed 12-30-03; 8:45 am]
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