[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52777-52778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26284]


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NUCLEAR REGULATORY COMMISSION

[Docket Number 40-6659]


Petrotomics Company, Shirley Basin, WY; Final Finding of No 
Significant Impact

SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory 
Commission (NRC) proposes to amend Petrotomics Company's (Petrotomics') 
Source Material License SUA-551, to allow alternate concentration 
limits (ACLs) for groundwater hazardous constituents at the Shirley 
Basin uranium mill site in Carbon County, Wyoming. An Environmental 
Assessment (EA) was performed by the NRC staff in accordance with the 
requirements of 10 CFR part 51. The conclusion of the EA is a Finding 
of No Significant Impact (FONSI) for this licensing action.

SUPPLEMENTARY INFORMATION:

Background

    By letter of September 10, 1996, Petrotomics requested that Source 
Material License SUA-551 be amended to allow ACLs for groundwater 
constituents, cadmium, chromium, nickel, radium-226, radium-228, 
thorium-230, selenium, and uranium, at Petrotomics' Shirley Basin 
uranium mill site. Petrotomics' application for ACLs proposed 
discontinuing the site groundwater corrective action program (CAP) in 
order to complete placement of the final radon barrier over the 
tailings and complete 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. The receipt of 
Petrotomics' request by NRC and a Notice of Opportunity for a Hearing 
were published in the Federal Register on November 1, 1996.

Summary of the Environmental Assessment

Identification of the Proposed Action

    The proposed action is an amendment to SUA-551 to allow the 
application of ACLs for groundwater hazardous constituents, cadmium, 
chromium, nickel, radium-226, radium-228, thorium-230, selenium, and 
uranium, at the Petrotomics' Shirley Basin 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 Petrotomics' amendment request, the NRC 
staff has concluded that granting Petrotomics the request for ACLs will 
not result in significant impacts. The staff decision was based on 
information provided by Petrotomics demonstrating that its proposed 
ACLs would not pose a substantial present or potential future hazard to 
human health and the environment, and are as low as is reasonably 
achievable. 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 Petrotomics' amendment 
request to allow ACLs for groundwater hazardous constituents will not 
cause significant health or environmental impacts. The following 
statements summarize the conclusions resulting from the EA:
    1. Currently, all concentrations of hazardous constituents of 
concern to NRC meet the proposed groundwater ACLs for the site at the 
POC wells.
    2. Present and potential health risks were assessed for various 
exposure scenarios, using conservative approaches. The result of these 
assessments indicates that present and potential future hazardous 
constituent concentrations at the specified POEs will not pose 
significant risks to human health and the environment. The POEs are 
located within or at the long-term care area boundary which will be 
maintained for long-term care by the U.S. Department of Energy 
following termination of the Petrotomics license.
    3. Climatological extremes and sparse vegetation indicate that 
future use of groundwater is likely to be limited to seasonal livestock 
(e.g., cattle) and wildlife (e.g., pronghorn antelope) watering. 
Domestic use of groundwater at the site is highly unlikely. However, if 
a future domestic water source is needed, the Lower Sand aquifer, which 
has not been affected by site-derived contamination and is suitable for 
drinking, would be a more reasonable source.
    4. Additional corrective action will have little effect on the net 
reduction of constituent concentrations of concern to the NRC and, 
therefore, will have little impact on groundwater quality.
    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 FONSI 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 licensee has demonstrated that the proposed ACL values 
will not pose substantial present or potential hazards to human health 
and the environment, and that the proposed ACLs are ALARA, considering 
practicable corrective actions, establishing other standards more 
stringent than the proposed ACLS was not evaluated. Furthermore, 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 the no-action alternative are similar, there is no need to 
further evaluate alternatives to the proposed action.

[[Page 52778]]

Finding of No Significant Impact

    The NRC staff has prepared an EA for this action. On the basis of 
this assessment, the NRC staff has concluded that the environmental 
impacts that may result from this action would not be significant, and 
therefore, preparation of an Environmental Impact Statement is not 
warranted.
    The EA and other documents related to this action are being made 
available for public inspection at the NRC's Public Document Room at 
2120 L Street, NW (Lower Level), Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT: Mohammad W. Haque, Uranium Recovery 
Branch, Division of Waste Management, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Telephone (301) 415-6640.

    Dated at Rockville, Maryland, this 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. 98-26284 Filed 9-30-98; 8:45 am]
BILLING CODE 7590-01-P