[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Notices]
[Pages 34718-34720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16861]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8452]


Bear Creek Uranium Company; Final Finding of No Significant 
Impact Notice of Opportunity for Hearing

SUMMARY: The U.S. Nuclear Regulatory Commission proposes to amend NRC 
Source Material License SUA-1310 for the licensee, Bear Creek Uranium 
Company, to allow alternate concentration limits for groundwater 
hazardous constituents at the Bear Creek uranium facility in Converse 
County, Wyoming. An Environmental Assessment was performed by the NRC 
staff in accordance with the requirements of 10 CFR Part 51. The 
conclusion of the Environmental Assessment is a Finding of No 
Significant Impact for the proposed licensing action.

FOR FURTHER INFORMATION CONTACT: Charlotte E. Abrams, Uranium Recovery 
Branch, Mail Stop TWFN 7-J9, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, D.C. 20555. Telephone 301/415-5808.

SUPPLEMENTARY INFORMATION:

Background

    By letter of February 28, 1997, Bear Creek Uranium Company (BCUC) 
requested that Source Material License SUA-1310 be amended to allow 
alternate concentration limits (ACLs) for groundwater constituents, 
uranium, Ra-226, and nickel, at the Bear Creek Uranium site. The BCUC 
application for ACLs proposed discontinuing the site corrective action 
program (CAP) in order to complete placement of the final radon barrier 
over the tailings and reclamation of the site. In order to terminate 
the CAP, the licensee must meet 10 CFR Part 40, Appendix A, Criterion 
5B(5), which requires that, at the point of compliance (POC), the 
concentration of a hazardous constituent must not exceed the 
established background concentration of that constituent, the maximum 
concentration limits (MCLs) given in Table 5C of Appendix A, or an 
alternate concentration limit established by the NRC.

Summary of the Environmental Assessment

Identification of the Proposed Action

    The proposed action is an amendment to SUA-1310 to allow the 
application of ACLs for groundwater hazardous constituents, uranium, 
Ra-226, and nickel, for the Bear Creek facility, as provided in 10 CFR 
Part 40, Appendix A, Criterion 5B(5). The NRC staff's review was 
conducted in accordance with the ``Staff Technical Position, Alternate 
Concentration Limits for Title II Uranium Mills,'' dated January 1996.
    Based on its evaluation of the BCUC amendment request, the NRC 
staff concludes that granting the licensee the

[[Page 34719]]

request for ACLs will not result in any significant impacts. The staff 
decision was based on information provided by the licensee that 
demonstrated that groundwater hazardous constituents would be 
attenuated and constituent values would pose a health risk similar to 
that of MCLs by the time the groundwater plume reaches the designated 
points of exposure (POEs, points at which a member of the public can 
gain access to the groundwater) for the site. A review of alternatives 
to the requested action indicates that implementation of alternate 
methods would result in little net reduction of groundwater constituent 
concentrations.

Conclusion

    The NRC staff concludes that approval of BCUC's amendment request 
to allow ACLs for groundwater hazardous constituents, uranium, Ra-226, 
and nickel, will not cause significant health or environmental impacts. 
The following statements summarize the conclusions resulting from the 
environmental assessment (EA):
    (1) Currently, all concentrations of hazardous constituents, with 
the exception of uranium, Ra-226, and nickel, will meet the established 
groundwater background values for the site at the POC wells.
    (2) Due to the attenuation capability of the sediments through 
which the plume of hazardous constituents will move, uranium, Ra-226, 
and nickel will be reduced to levels at the POEs that will be 
consistent with pre-mining conditions and protective of human health 
and the environment.
    (3) The POEs are located within or at the boundary of the 
restricted area; therefore, the risk from the hazardous constituents 
will not impact public health and safety. The restricted area is the 
area that will be maintained for long-term care by the Department of 
Energy.
    (4) There is no known pre-milling use of groundwater associated 
with sediments in which the plume of hazardous constituents is located. 
Groundwater use from those sediments is unlikely due to its limited 
availability and poor quality.
    (5) Groundwater use in the area is limited to stock watering from 
wells developed in the underlying ore sand, which is not affected by 
tailings seepage, nor is it expected to be.
    (6) Additional corrective action will have little effect on 
dewatering of the sediments or removing contaminants and, therefore, 
will have little impact on groundwater quality.
    (7) Present and potential health risks have been assessed, using 
conservative approaches, and risk factors for health and environmental 
hazards are the same order of magnitude as the background conditions at 
the site.
    (8) Because the staff has determined that there will be no 
significant impacts associated with approval of the amendment request, 
there can be no disproportionately high and adverse effects or impacts 
on minority and low-income populations. Except in special cases, these 
impacts need not be addressed for EAs in which a Finding of No 
Significant Impact is made. Special cases may include regulatory 
actions that have substantial public interest, decommissioning cases 
involving onsite disposal in accordance with 10 CFR 20.2002, 
decommissioning/decontamination cases which allow residual 
radioactivity in excess of release criteria, or cases where 
environmental justice issues have been previously raised. Consequently, 
further evaluation of `Environmental Justice' concerns, as outlined in 
NRC's Office of Nuclear Material Safety and Safeguards Policy and 
Procedures Letter 1-50, Rev.1, is not warranted.

Alternatives to the Proposed Action

    Since the NRC staff has concluded that there are no significant 
environmental impacts associated with the proposed action, any 
alternatives with equal or greater environmental impacts need not be 
evaluated. The principal alternative to the proposed action would be to 
deny the requested action. The licensee evaluated various alternatives, 
including continuation of the CAP, and demonstrated that those 
alternatives would result in little net reduction of constituent 
concentrations. Because the environmental impacts of the proposed 
action and this no-action alternative are similar, there is no need to 
further evaluate alternatives to the proposed action.

Finding of No Significant Impact

    The NRC staff has prepared an EA for the proposed amendment of NRC 
Source Material License SUA-1310. 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 Operator Licensing Proceedings,'' of the Commission's Rules of 
Practice for Domestic Licensing Proceedings 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, Bear Creek Uranium Company, P.O. Box 366, Casper, 
Wyoming 82602; and
(2) The NRC staff, by delivery to the Executive Director of Operations, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or 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

[[Page 34720]]

Procedures for Adjudications in Materials and Operator Licensing 
Proceedings'' in 10 CFR Part 2, Subpart L.

    Dated at Rockville, Maryland, this 23rd day of June 1997.

    For the Nuclear Regulatory Commission.
Joseph J. Holonich,
Chief, Uranium Recovery Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 97-16861 Filed 6-26-97; 8:45 am]
BILLING CODE 7590-01-P