[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Notices]
[Pages 28220-28221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13220]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-648]
UMETCO Minerals Corporation; Final Finding of No Significant
Impact; Opportunity for Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Final Finding of No Significant Impact; Notice of Opportunity
for Hearing.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) proposes to amend
NRC Source Material License SUA-648 to authorize the licensee, Umetco
Minerals Corporation (Umetco), to reclaim the Above-Grade Impoundment
(Impoundment), located in Natrona County, Wyoming, according to the
1997 Enhanced Reclamation Plan, as amended. The Umetco East Gas Hills
site is located approximately 50 miles (80 kilometers) southeast of the
town of Riverton, Wyoming. The Impoundment was constructed to a
previously approved reclamation design, except for the top cover layer,
and several changes have been proposed in the enhanced plan. An
Environmental Assessment (EA) was performed by the NRC staff in support
of its review of Umetco's license amendment request, in accordance with
the requirements of 10 CFR Part 51. The conclusion of the Environmental
Assessment is a Finding of No Significant Impact (FONSI) for the
proposed licensing action.
FOR FURTHER INFORMATION CONTACT: Ms. Elaine Brummett, Uranium Recovery
and Low-Level Waste Branch, Division of Waste Management, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Mail Stop T7-J9, Washington, DC 20555. Telephone 301/415-
6606.
SUPPLEMENTARY INFORMATION:
Background
The Umetco Mineral Corporation (Umetco) site is licensed by the
NRC, under Materials License SUA-648, to possess byproduct material in
the form of uranium waste tailings, as well as other radioactive wastes
generated by past milling operations. The mill has been dismantled and
current site activities include completion of reclamation of three
disposal areas and continuation of the ground water corrective action
program.
The mill operated from 1960 to 1979 and tailings slurry was placed
in the Impoundment during this period. The earth dams of the
Impoundment are of silty clayey sands. Beside the original dam on the
north, additional dams were built to expand the capacity (on the east
in 1969, north in 1972, and east of the main dam in 1974). The material
in the Impoundment had completed 90 percent settlement before the cover
soil was placed.
In 1980, Umetco submitted a reclamation plan for the Above-Grade
Impoundment (Impoundment), incorporating the adjacent experimental heap
leach area. The plan was approved with modifications as documented in
License Condition (LC) 54. Umetco completed tailings re-grading and
construction of the cover, except for six inches of topsoil and seed,
in 1992. As per the approved design, the cover consists of 1-foot of
clay, 1-foot of filter soil, and 7.5-feet of overburden soil. Several
years after construction, erosion of the cover was noted, and concerns
were expressed for erosion along the east toe of the Impoundment, the
closure of the north toe drain, and additional contamination found near
the north edge of the Impoundment.
The major proposed modifications in the enhanced design to the
approved Reclamation Plan for stabilization and containment of the
waste material include:
1. Extend the radon barrier/cover on the north and east sides
about 200 feet in order to close the drain system and cover
contamination found along the downstream toe.
2. Add erosion protection (rip rap) along a portion of East
Canyon Creek to protect the toe of the Impoundment.
3. Replace the previously proposed topsoil/vegetative cover with
rip rap (rock) erosion protection on both the top and side slopes of
the Impoundment.
In addition, Umetco would verify the stability, settlement, radon
attenuation, and other aspects of the existing Impoundment.
Summary of the Environmental Assessment
The NRC staff performed an appraisal of the environmental impacts
associated with the enhanced reclamation plan for the Impoundment, in
accordance with 10 CFR Part 51, Licensing and Regulatory Policy
Procedures for Environmental Protection. The license amendment would
authorize Umetco to complete reclamation of the Impoundment as
proposed. In conducting its appraisal, the NRC staff considered the
following information: (1) Umetco's 1997 license amendment request and
proposed design, as amended; (2) previous environmental evaluations of
the facility; (3) data contained in required semiannual environmental
monitoring reports; (4) existing license conditions; (5) results of
[[Page 28221]]
NRC staff site visits and inspections of the Umetco facility; and (6)
consultations with the U.S. Fish and Wildlife Service, the U.S. Bureau
of Land Management, and the Wyoming State Historic Preservation Office.
The technical aspects of the enhanced reclamation plan are discussed
separately in a Technical Evaluation Report (TER) that will accompany
the final agency licensing action.
The results of the staff's appraisal are documented in an EA placed
in the docket file. Based on its review, the NRC staff has concluded
that there are no significant environmental impacts associated with the
proposed action.
Conclusions
The NRC staff has examined actual and potential impacts associated
with the enhanced reclamation of the Impoundment, and has determined
that the requested amendment of Source Material License SUA-648,
authorizing implementation of the reclamation plan, will: (1) be
consistent with requirements of 10 CFR part 40, Appendix A; (2) not be
inimical to public health and safety; and (3) not have long-term
detrimental impacts on the environment. The following statements
summarize the conclusions resulting from the staff's environmental
assessment, and support the FONSI:
1. An acceptable environmental and effluent monitoring program
is in place to monitor effluent releases and to detect if applicable
regulatory limits are exceeded. Radiological effluents from facility
operations have been, and are expected to remain, below the
regulatory limits;
2. Present and potential health risks to the public and risks of
environmental damage from the proposed reclamation were assessed.
Given the remote location, limited activities requested, small area
of impact, and past activities on the site, the staff determined
that the risk factors for health and environmental hazards are
insignificant.
Because the staff has determined that there will be no significant
impacts associated with approval of the license amendment, there can be
no disproportionally high and adverse effects or impacts on minority
and low-income populations. Consequently, further evaluation of
Environmental Justice concerns, as outlined in Executive Order 12898
and NRC's Office of Nuclear Material Safety and Safeguards Policy and
Procedures Letter 1-50, Revision 1, is not warranted.
Alternatives to the Proposed Action
The proposed action is to amend NRC Source Material License SUA-
648, for reclamation of the Impoundment, as requested by Umetco.
Therefore, the principal alternatives available to NRC are to:
1. Approve the license amendment request as submitted; or
2. Amend the license with such additional conditions as are
considered necessary or appropriate to protect public health and
safety and the environment; or
3. Deny the amendment request.
Based on its review, the NRC staff has concluded that the
environmental impacts associated with the proposed action do not
warrant either the limiting of Umetco's future operations or the denial
of the license amendment. Additionally, in the TER prepared for this
action, the staff has reviewed the licensee's proposed action with
respect to the criteria for reclamation, specified in 10 CFR Part 40,
Appendix A, and has no basis for denial of the proposed action.
Therefore, the staff considers that Alternative 1 is the appropriate
alternative for selection.
Finding of No Significant Impact
The NRC staff has prepared an EA for the proposed renewal of NRC
Source Material License SUA-648. On the basis of this assessment, the
NRC staff has concluded that the environmental impacts that may result
from the proposed action would not be significant and, therefore,
preparation of an Environmental Impact Statement is not warranted.
The EA and other documents related to this proposed action are
available for public inspection and copying at the NRC Public Document
Room, in the Gelman Building, 2120 L Street NW., Washington, DC 20555.
Notice of Opportunity for Hearing
The Commission hereby provides notice that this is a proceeding on
an application for a licensing action falling within the scope of
Subpart L, ``Informal Hearing Procedures for Adjudications in Materials
and Operators Licensing Proceedings,'' of the Commission's Rules of
Practice for Domestic Licensing Proceedings and Issuance of Orders in
10 CFR part 2 (54 FR 8269). Pursuant to Sec. 2.1205(a), any person
whose interest may be affected by this proceeding may file a request
for a hearing. In accordance with Sec. 2.1205(c), a request for a
hearing must be filed within thirty (30) days from the date of
publication of this Federal Register notice. The request for a hearing
must be filed with the Office of the Secretary either:
(1) By delivery to the Rulemakings and Adjudications Staff of
the Office of the Secretary at One White Flint North, 11555
Rockville Pike, Rockville, MD 20852; or
(2) By mail or telegram addressed to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, Attention: Rulemakings
and Adjudications Staff.
Each request for a hearing must also be served, by delivering it
personally or by mail to:
(1) The applicant, Umetco Minerals Corporation, P.O. Box 1029,
Grand Junction, CO 81502;
(2) The NRC staff, by delivery to the Executive Director of
Operations, One White Flint North, 11555 Rockville Pike, Rockville,
MD 20852, or
(3) By mail addressed to the Executive Director for Operations,
U.S. Nuclear Regulatory Commission, Washington, DC 20555.
In addition to meeting other applicable requirements of 10 CFR Part
2 of the Commission's regulations, a request for a hearing filed by a
person other than an applicant must describe in detail:
(1) The interest of the requestor in the proceeding;
(2) How that interest may be affected by the results of the
proceeding, including the reasons why the requestor should be
permitted a hearing, with particular reference to the factors set
out in Sec. 2.1205(g);
(3) The requestor's areas of concern about the licensing
activity that is the subject matter of the proceeding; and
(4) The circumstances establishing that the request for a
hearing is timely in accordance with Sec. 2.1205(c).
Any hearing that is requested and granted will be held in
accordance with the Commission's ``Informal Hearing Procedures for
Adjudications in Materials and Operator Licensing Proceedings'' in 10
CFR part 2, Subpart L.
Dated at Rockville, Maryland, this 15th day of May 1999.
For the Nuclear Regulatory Commission.
N. King Stablein,
Acting Chief, Uranium Recovery and Low-Level Waste Branch, Division of
Waste Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 99-13220 Filed 5-24-99; 8:45 am]
BILLING CODE 7590-01-U
