[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Notices]
[Pages 25100-25101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11980]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-648]


UMETCO Minerals Corporation

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 commercial heap leach 
area, located in Natrona County, Wyoming, according to the 1996 
Reclamation Plan, as amended. This license currently authorizes Umetco 
to receive, acquire, possess, and transfer uranium at the Umetco East 
Gas Hills site, which is located approximately 50 miles (80 kilometers) 
southeast of the town of Riverton, Wyoming. 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 
Branch, Division of Waste Management, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Mail Stop T7-J9, 
Washington, D.C. 20555. Telephone 301/415-6606.

SUPPLEMENTARY INFORMATION:

Background

    The Umetco Mineral Corporation (Umetco) site is licensed by the 
U.S. Nuclear Regulatory Commission (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 commercial heap leach operations began in March 1980. The 
operations were extended in November 1982 as permitted by Amendment No. 
17 of the license and operated until December 1984. Operations were 
restarted in May 1987 and finally shut down in January 1988. In 1992, 
to control radon emission, windblown tailings, and water infiltration, 
Umetco placed 2 feet (61 cm) of cover on the Heap Leach Disposal Area, 
based on their 1991 proposed cover design.
    Umetco submitted reclamation plans or modifications to the plan for 
the Heap Leach Area in 1991, 1994, and 1996. The 1996 plan also 
included reclamation of Evaporation Pond No. 2, next to the heap leach, 
by extension of the Heap Leach Area cover. However, the data available 
to date related to the evaporation pond reclamation was determined to 
be insufficient to support a final design, and thus, the proposed 
design for the pond was approved only as a preliminary design. The pond 
reclamation will be addressed in a separate amendment, but is included 
in the area addressed by the EA for this licensing action. The staff 
also determined that additional clarification and modifications were 
required for the Heap Leach Area design, and these concerns were not 
completely addressed until February 1998. The design includes the 
earthen cover for the heap leach area, construction testing and 
inspection, stability, erosion protection, site drainage, and quality 
control procedures.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the reclamation plan for the Heap Leach Area, in 
accordance with 10 CFR Part 51, Licensing and Regulatory Policy 
Procedures for Environmental Protection. The license amendment would 
authorize Umetco to stabilize and cover the Heap Leach Area as 
proposed. In conducting its appraisal, the NRC staff considered the 
following information: (1) Umetco's 1996 license amendment request, 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 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 Officer. The technical aspects 
of the 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 reclamation of the Heap Leach Area, 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 the 
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

[[Page 25101]]

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 Heap Leach Area, 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 N.W., 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 Mineral Corporation, P.O. 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 30th day of April 1998.

    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. 98-11980 Filed 5-5-98; 8:45 am]
BILLING CODE 7590-01-P