[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7506]
[[Page Unknown]]
[Federal Register: March 30, 1994]
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NUCLEAR REGULATORY COMMISSION
Reclamation of Atlas Corporation's Uranium Mill Facility at Moab,
UT: Intent To Prepare an Environmental Impact Statement and To Conduct
a Scoping Process
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of intent to prepare an Environmental Impact Statement
(EIS) and conduct a scoping process for the EIS including a scoping
meeting.
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SUMMARY: The NRC intends to prepare an EIS for the decommissioning and
reclamation of the Atlas Corporation's (Atlas) uranium mill facility at
Moab, Utah. Atlas has been licensed by the NRC to process ores (source
material) to produce uranium, in the form of yellowcake. As a result of
processing ores, the facility produced a large quantity of sand and
slime tailings which contain much of the radioactive materials from the
ore in the form of daughter products. Atlas no longer actively
processes ore at the Moab, Utah mill. It is however, decommissioning
the mill, and has submitted a revised reclamation plan to NRC which,
like the reclamation plan approved by NRC in 1982, proposes on-site
stabilization of the tailings. This notice indicates NRC's intent to
prepare an EIS in conjunction with this proposed action and to conduct
a scoping process that will include a public scoping meeting.
Written comments on matters covered by this notice received by May
13, 1994, will be considered in developing the scope of the EIS.
Comments received after this date will be considered if it is practical
to do so, but the NRC is able to assure consideration only for comments
received on or before this date.
ADDRESSES: Written comments on the matters covered by this notice
should be sent to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. ATTN: Docketing and Services Branch. Hand deliver
comments to 11555 Rockville Pike, Rockville, Maryland 20852, between
7:45 a.m. and 4:15 p.m., on Federal workdays.
The scoping meeting will be held at Starr Hall, 155 East Center
Street, Moab, Utah, on Thursday, April 14, 1994, from 7-10 pm.
FOR FURTHER INFORMATION CONTACT:
Allan Mullins, Office of Nuclear Material Safety and Safeguards,
Washington, DC 20555, Telephone: 301-504-2578.
SUPPLEMENTARY INFORMATION:
Background
The NRC has the statutory responsibility for protection of public
health and safety and the environment related to the use of source,
byproduct, and special nuclear material under the Atomic Energy Act of
1954, as amended. One portion of this responsibility is to assure safe
and timely reclamation at nuclear facilities which the NRC licenses.
For the Atlas uranium mill, reclamation would ensure the long-term
stability of uranium tailings for up to 1000 years and control of radon
releases to a low risk level.
In August 1988, Atlas submitted for NRC review, a revision to the
tailings reclamation plan for the Moab mill which had been approved in
1982. This plan was revised by Atlas in response to NRC questions by
submittals in January 1989, June 1992, and April 1993. Atlas submitted
an Environmental Report Supplement in support of the reclamation plan
in April 1993. This document supplemented Atlas' Environmental Report
of 1973, NRC's EIS on the Moab facility of 1979, NRC's Final Generic
EIS of 1980, and Atlas' license renewal application in 1984.
In July 1993, NRC staff noticed a ``Finding of No Significant
Impact'' (FONSI), including an Environmental Assessment (EA), in the
Federal Register in anticipation of approving the reclamation plan
submitted by the licensee for onsite disposal of mill tailings. NRC
received more than 20 letters with comments opposing the proposed
action and identifying issues requiring additional evaluation and
consideration. As a result, the FONSI was rescinded by Federal Register
notice in October 1993. The technical evaluation is underway by NRC
staff with additional information requested from the licensee.
Need for Proposed Action
Atlas is licensed by the NRC (License Number SUA-917) to possess
and store source material in the form of uranium mill tailings at a
site located near the town of Moab, Utah. The mill operated from 1956
until 1984 under license from NRC or the Atomic Energy Commission. It
has been owned by Atlas since 1962. The mill produced 7 million cubic
yards (11 million tons) of tailings during its operating life. These
tailings are near the mill and are contained in a pile which covers 53
hectares (130 acres) and rises 33.5 meters (110 feet) above the
adjacent land level.
Source material is no longer processed at the site and Atlas has
been engaged in decommissioning the site for the last several years. A
reclamation plan for onsite disposal of the mill tailings was approved
by the NRC in 1982. Atlas has submitted a revised onsite reclamation
plan for NRC approval which is currently being evaluated for technical
adequacy and compliance with the requirements in Appendix A to 10 CFR
part 40.
The NRC has determined that approval of the revised reclamation
plan constitute a major Federal action and that based on the level of
controversy related to the proposed action and uncertainties associated
with the unique features of the Moab site, preparation of an EIS in
accordance with the National Environmental Policy Act (NEPA) and the
NRC's implementing requirements in 10 CFR part 51 is warranted.
The Commission's regulations in 10 CFR part 51 contain requirements
for conducting a scoping process prior to preparation of an EIS. In
accordance with 10 CFR 51.26, whenever the NRC determines that it will
prepare an EIS in connection with a proposed action, NRC will publish a
notice of intent in the Federal Register stating that it will prepare
an EIS and conduct an appropriate scoping process. This scoping process
may include the holding of a public scoping meeting.
NRC describes, in 10 CFR 51.27, the content of the notice of intent
and requires that the notice describe the proposed action and, to the
extent that sufficient information is available, possible alternatives.
In addition, the notice of intent is required to describe the proposed
scoping process, including the role of participants, the comment
process, and the need for a public scoping meeting.
In accordance with Secs. 51.26 and 51.27, the proposed action and
possible alternative approaches and the scoping process are discussed
below.
Description of Proposed Action
The proposed action is approval by NRC of a revised reclamation
plan for the mill tailings at the Moab site.
The licensee has submitted a plan which calls for the reclamation
of the tailings impoundment in place, covering the tailings with a soil
cover to reduce radon emanation, re-configuring the surface of the
tailings impoundment to drain toward collection ditches, and flattening
the embankment side slopes. The collection ditches would merge to form
a drainage channel which would convey water runoff from the covered
tailings surface into Moab Wash. Moab Wash would be reconfigured to
convey flood level flows into the Colorado River east of the tailings
pile. On the southwest side of the tailings embankment, another
drainage channel would divert runoff from the natural sandstone bluffs
southwest of the channel. To protect against erosion, the top of the
tailings impoundment would be covered with a layer of compacted rock
and soil and the embankment side slopes covered with rock native to the
region.
Two alternative sites have been identified. One site is in a box
canyon about 7 miles away and the other site is near the airport, about
15 miles away. The tailings would be placed partially below grade at
either site, with the pile rising approximately 11 meters (37 feet)
above the ground surface. Detailed designs have not been completed for
these potential sites but similar issues for erosion, floods, seismic
effects, and groundwater protection would have to be considered in any
detailed design. However, the environmental aspects of the sites will
be addressed in the EIS.
The technical evaluation of the proposed onsite disposal of the
tailings by NRC staff is in progress. The environmental evaluation will
consider both onsite and offsite disposal options. The acceptability of
the licensee's proposal will be determined based on the results of the
technical and environmental review process.
Preparation of an Environmental Impact Statement
Under NEPA, all Federal agencies must consider the effect of their
actions on the environment. Section 102(1) of NEPA requires that the
policies, regulations, and public laws of the United States be
interpreted and administered in accordance with the policies set forth
in NEPA. It is the intent of NEPA to have Federal agencies incorporate
consideration of environmental issues into their decision-making
processes. NRC's regulations implementing NEPA are contained in 10 CFR
part 51. To fulfill NRC's responsibilities under NEPA, NRC intends to
prepare an EIS that will analyze the environmental impacts and costs of
the proposed action and alternatives. Two alternative sites and the
``no action'' alternative will be analyzed. The scope of the EIS
includes consideration of both radiological and non-radiological
impacts associated with the alternative actions.
This notice announces the NRC's intent to prepare an EIS. The
principal intent of the EIS is to provide a document that describes the
environmental consequences of the proposed action and alternatives
which will be available to support the NRC's licensing decision on the
reclamation plan for the Moab site.
The Scoping Process
Participants may attend and provide oral discussion on the proposed
action and possible alternatives at the public scoping meeting to be
held at Starr Hall, 155 East Center Street, Moab, Utah, on Thursday,
April 14, 1994, from 7 to 10 p.m. A transcript of the meeting will be
prepared.
The Commission will also accept written comments on the proposed
action and alternatives from the public. Written comments should be
submitted by May 13, 1994, and should be sent to: Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555. ATTN: Docketing
and Services Branch. Hand deliver comments to 11555 Rockville Pike,
Rockville, Maryland between 7:45 am and 4:15 pm on Federal workdays.
According to 10 CFR 51.29, the scoping process is to be used to
conduct the following activities:
(a) Define the proposed action to be the subject of the EIS. The
proposed action is the reclamation of uranium mill tailings onsite at
the Atlas uranium mill facility in Moab, Utah.
(b) Determine the scope of the EIS and the significant issues to be
analyzed in depth. The NRC is proposing to analyze the costs and
impacts associated with the proposed action and alternative reclamation
approaches. The following proposed outline for the EIS reflects the
current NRC staff view on the scope and major topics to be dealt with
in the EIS:
Proposed Outline: Environmental Impact Statement
Abstract
Executive Summary
Table of Contents
1. Introduction.
1.1 Summary of Proposed Action and Alternatives.
1.2 History of Moab Mill Facility.
1.3 Purpose and Need for Proposed Action.
1.4 Scope of Environmental Impact Statement.
2. Alternatives including the Proposed Action.
2.1 The Proposed Action.
2.2 Box Canyon Site.
2.3 Plateau Site (Airport).
2.4 No Action.
2.5 Comparison of Impacts of Alternatives.
3. The Existing Environment.
3.1 Introduction.
3.2 Description of the Moab Mill Facility.
3.3 Land Use.
3.4 Geology/Seismology.
3.5 Meterology and Hydrology.
3.6 Ecology.
3.7 Socioeconomic Characteristics.
3.8 Radiation.
3.9 Cultural Resources.
3.10 Other Environmental Features.
4. Environmental Consequences, Monitoring, and Mitigation.
4.1 Air Quality and Noise.
4.2 Land Use.
4.3 Hydrology, Water Quality, and Water Use.
4.4 Biological Resources.
4.5 Socioeconomic Considerations.
4.6 Historic and Cultural Resources.
4.7 Public and Occupational Health and Safety.
4.8 Unavoidable Adverse Environmental Impacts.
4.9 Relationship between Short-Term Uses of the Environment and
Long-Term Productivity.
4.10 Irreversible and Irretrievable Commitments of Resources.
5. Radiological Impacts.
6. Costs and Benefits Associated with Reclamation Alternatives.
6.1 General.
6.2 Quantifiable Socioeconomic Impacts Including Environmental
Justice Considerations.
6.3 The Benefit-Cost Summary.
6.4 Staff Assessment.
7. Permits and Approvals.
8. List of Preparers.
9. List of Agencies, Organizations, and Persons Contacted.
10. Distribution List Receiving Copies of the Draft EIS.
11. References.
Appendix A--Reserved for Comments on DEIS.
Appendix B--Results of Scoping Process.
(c) Identify and eliminate from detailed study issues which are not
significant or which are peripheral or which have been covered by prior
environmental review. The decommissioning plan for the mill facility
was approved by NRC in November 1988 and amended in September 1991. The
mill property will be reclaimed and decontaminated to U.S.
Environmental Protection Agency (EPA) standards allowing for
unrestricted use, thus mitigating any adverse effects. Extensive water
monitoring has identified no contamination in the Colorado River;
therefore, there are no effects on river biota, and they will not be
assessed. There should be no harmful impacts on terrestrial biota and
no assessment is required, as the tailings pile will be covered and
radon emanations reduced to comply with EPA standards. Rock armor will
prevent burrowing animals from intruding into the tailings.
(d) Identify any Environmental Assessments or EISs that are related
but are not part of the scope of this EIS. The operational aspects of
the Atlas Moab mill facility were considered in the EIS completed in
January 1979. A Generic EIS on Uranium Milling was completed in
September 1980. An EA of the proposed reclamation plan was completed
and noticed in the Federal Register on July 20, 1993. Based on issues
identified in comments received on the EA, NRC determined that an EIS
was required for the proposed action.
(e) Identify other environmental review or consultation
requirements related to the proposed action. NRC will consult with
other Federal, State, and local agencies that have jurisdiction or
interests in the Moab site. For example, NRC has already been
coordinating its technical review activities for the Moab site with
EPA, the U.S. Department of Interior, the Utah Department of
Environmental Quality, Division of Radiation Control, and the Grand
County Council. NRC anticipates continued consultation with these and
other agencies, as appropriate, during the development of the EIS. In
addition, the Endangered Species Act and the National Historic
Preservation Act require coordination with the U.S. Fish and Wildlife
Service and the Utah State Historical Society.
(f) Indicate the relationship between the timing of the preparation
of environmental analysis and the Commission's tentative planning and
decision making schedule. NRC intends to prepare and issue for public
comment a draft EIS in October 1994. The comment period would be for 45
days. The final EIS is scheduled for publication in April 1995.
Subsequent to completion of the final EIS, the NRC will act on a
license amendment approving a reclamation plan for the site.
(g) Describe the means by which the EIS will be prepared. NRC will
prepare the draft EIS according to the requirements in 10 CFR part 51.
The EIS will be prepared by the NRC staff and Oak Ridge National
Laboratory which has been contracted to provide technical assistance in
the preparation of the EIS. In addition, NRC anticipates requesting
specific information from the licensee to support preparation of the
EIS. Any information received from the licensee related to the EIS will
be available for public review, unless the information is protected
from public disclosure in accordance with NRC requirements in 10 CFR
2.790.
In the scoping process, participants are invited to speak or submit
written comments, as noted above, on any or all of the areas described
above. In accordance with 10 CFR 51.29, at the conclusion of the
scoping process, NRC will prepare a concise summary of the
determinations and conclusions reached, including the significant
issues identified, and will send a copy to each participant in the
scoping process.
Dated at Rockville, Maryland, this 23d day of March, 1994.
For the U.S. Nuclear Regulatory Commission.
Joseph J. Holonich,
Acting Chief, Uranium Recovery Branch, Division of Low-Level Waste
Management and Decommissioning, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 94-7506 Filed 3-29-94; 8:45 am]
BILLING CODE 7590-01-M
