[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Notices]
[Pages 49140-49142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24569]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8912]


Grace Estate

AGENCY: Nuclear Regulatory Commission.

ACTION: Final finding of no significant impact and 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-1480 to authorize the licensee, the 
estate of Michael P. Grace (Grace Estate), to perform radiological 
cleanup and surface reclamation of three non-

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operating uranium extraction sites in New Mexico. Site 1 is located 
approximately 20 miles northeast of Gallup, New Mexico. Site 2 is 
located near Bibo, New Mexico. Site 3 is located approximately 20 miles 
northwest of Magdalena, New Mexico. This license currently authorizes 
the Grace Estate to possess, at the three sites, byproduct material in 
the form of uranium waste tailings, as well as other radioactive wastes 
generated by past operations. An Environmental Assessment (EA) was 
performed by the NRC staff in support of its review of the Grace 
Estate's license amendment request, in accordance with the requirements 
of Title 10, Code of Federal Regulations (10 CFR) Part 51. The 
conclusion of the EA is a Finding of No Significant Impact (FONSI) for 
the proposed licensing action.

FOR FURTHER INFORMATION CONTACT: Ken Hooks, 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, DC 20555. Telephone 301/415-7777. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Three sites in New Mexico, which were once uranium extraction 
sites, and are no longer in operation, are now administered by the 
Estate of Michael P. Grace (licensee). The estate is represented by Jon 
J. Indall of Comeau, Maldegen, Templeman and Indall, LLP, in Santa Fe, 
New Mexico. Site 1, approximately 3 acres, was an in situ leach 
operation approximately 20 miles northeast of Gallup, New Mexico. Site 
2, approximately 11 acres, was an in situ leach operation near Bibo, 
New Mexico. Site 3, approximately 160 acres, was a heap leach operation 
located approximately 20 miles northwest of Magdalen, New Mexico.
    The licensee proposes to reclaim the sites by plugging or capping 
existing wells and removing the contaminated material at each of the 
three sites for disposal at an existing uranium mill and tailings site 
licensed by the NRC. The estimated amount of contaminated material to 
be removed during the radiological cleanup is 6 cubic yards at each of 
Sites 1 and 2, and 800 cubic yards at Site 3. The sites will be cleaned 
up to the extent necessary to comply with regulatory standards. 
Subsequent to verification of the radiological cleanup, excavated areas 
will be filled with local material, regraded to approximate original 
contours, and planted with native grasses. Wells on the three sites 
will be plugged or capped for future use for livestock watering in 
accordance with State of New Mexico requirements.

The Environmental Assessment

    The NRC staff performed an assessment of the environmental impacts 
associated with the radiological cleanup of the three Grace Estate 
sites, in accordance with 10 CFR Part 51, Licensing and Regulatory 
Policy Procedures for Environmental Protection. In conducting its 
assessment, the NRC staff considered amending the license to allow 
radiological cleanup of the sites, and denying the amendment. The staff 
also consulted with the New Mexico Environment Department, the New 
Mexico State Historical Preservation Officer, and the U.S. Fish and 
Wildlife Service. The technical aspects of the reclamation plan are 
discussed separately in a Technical Evaluation Report (TER) that will 
accompany the final agency licensing action.

Environmental Assessment Conclusions

    The results of the staff's assessment are documented in an 
Environmental Assessment placed in the docket file. Based on its 
review, the NRC staff determined that the proposed radiological cleanup 
of the three sites and disposal of the contaminated material at a 
licensed uranium mill and tailings site can be accomplished with no 
significant environmental impacts or effects on worker or public health 
and safety, and is consistent with Criterion 2 of 10 CFR 40, Appendix 
A.
    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

    Denial of the proposed action would result in the contaminated 
material remaining on the sites and the continued existence of whatever 
hazards may be due to the material, or the material being reclaimed in 
place. On-site reclamation would result in the sites being placed under 
State of New Mexico or U.S. Department of Energy control for long-term 
surveillance and monitoring, with possible future maintenance 
requirements, requiring continuing expenditure of funds and no 
significant reduction in effects on the environment or worker or public 
health and safety.

Finding of No Significant Impact

    The NRC staff has prepared an EA for the proposed amendment of NRC 
Source Material License SUA-1480. 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 (lower level), 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. 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, between 7:30 a.m. and 4:15 p.m., Federal workdays; 
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, Estate of Michael P. Grace, in care of Jon J. 
Indall, Comeau, Maldegen, Templeman & Indall, LLP, Coronado Building, 
141 E. Palace Avenue, Post Office Box 669, Santa Fe, New Mexico 87504-
0669.
    (2) The NRC staff, by delivery to the Executive Director of 
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852, between 7:30 a.m. and 4:15 p.m., Federal workdays; or

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    (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 request that is 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 8th day of September 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. 98-24569 Filed 9-11-98; 8:45 am]
BILLING CODE 7590-01-P