[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