[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Notices]
[Pages 28220-28221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13220]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-648]


UMETCO Minerals Corporation; Final Finding of No Significant 
Impact; Opportunity for Hearing

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 Above-Grade Impoundment 
(Impoundment), located in Natrona County, Wyoming, according to the 
1997 Enhanced Reclamation Plan, as amended. The Umetco East Gas Hills 
site is located approximately 50 miles (80 kilometers) southeast of the 
town of Riverton, Wyoming. The Impoundment was constructed to a 
previously approved reclamation design, except for the top cover layer, 
and several changes have been proposed in the enhanced plan. 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 
and Low-Level Waste Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Mail Stop T7-J9, Washington, DC 20555. Telephone 301/415-
6606.

SUPPLEMENTARY INFORMATION:

Background

    The Umetco Mineral Corporation (Umetco) site is licensed by the 
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 mill operated from 1960 to 1979 and tailings slurry was placed 
in the Impoundment during this period. The earth dams of the 
Impoundment are of silty clayey sands. Beside the original dam on the 
north, additional dams were built to expand the capacity (on the east 
in 1969, north in 1972, and east of the main dam in 1974). The material 
in the Impoundment had completed 90 percent settlement before the cover 
soil was placed.
    In 1980, Umetco submitted a reclamation plan for the Above-Grade 
Impoundment (Impoundment), incorporating the adjacent experimental heap 
leach area. The plan was approved with modifications as documented in 
License Condition (LC) 54. Umetco completed tailings re-grading and 
construction of the cover, except for six inches of topsoil and seed, 
in 1992. As per the approved design, the cover consists of 1-foot of 
clay, 1-foot of filter soil, and 7.5-feet of overburden soil. Several 
years after construction, erosion of the cover was noted, and concerns 
were expressed for erosion along the east toe of the Impoundment, the 
closure of the north toe drain, and additional contamination found near 
the north edge of the Impoundment.
    The major proposed modifications in the enhanced design to the 
approved Reclamation Plan for stabilization and containment of the 
waste material include:

    1. Extend the radon barrier/cover on the north and east sides 
about 200 feet in order to close the drain system and cover 
contamination found along the downstream toe.
    2. Add erosion protection (rip rap) along a portion of East 
Canyon Creek to protect the toe of the Impoundment.
    3. Replace the previously proposed topsoil/vegetative cover with 
rip rap (rock) erosion protection on both the top and side slopes of 
the Impoundment.
    In addition, Umetco would verify the stability, settlement, radon 
attenuation, and other aspects of the existing Impoundment.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the enhanced reclamation plan for the Impoundment, in 
accordance with 10 CFR Part 51, Licensing and Regulatory Policy 
Procedures for Environmental Protection. The license amendment would 
authorize Umetco to complete reclamation of the Impoundment as 
proposed. In conducting its appraisal, the NRC staff considered the 
following information: (1) Umetco's 1997 license amendment request and 
proposed design, 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

[[Page 28221]]

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 Office. 
The technical aspects of the enhanced 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 enhanced reclamation of the Impoundment, 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 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 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 Impoundment, 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 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 (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 Minerals Corporation, P.O. Box 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 15th day of May 1999.
    For the Nuclear Regulatory Commission.
N. King Stablein,
Acting Chief, Uranium Recovery and Low-Level Waste Branch, Division of 
Waste Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 99-13220 Filed 5-24-99; 8:45 am]
BILLING CODE 7590-01-U