[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Notices]
[Pages 66512-66513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30734]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-648]


UMETCO Minerals Corp.; Final Finding of No Significant Impact; 
Notice of 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 Umetco Minerals Corporation (Umetco) requested that the 
U.S. Nuclear Regulatory Commission (NRC) amend its NRC Source Material 
License SUA-648 to authorize reclamation of the A-9 Repository 
(disposal cell), located in Natrona County, Wyoming, according to the 
1998 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 A-9 cell is a former surface uranium 
mine that was lined with clay and used for mill tailings disposal. 
Cover construction was begun under a previously approved reclamation 
design 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 EA 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 
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 total volume of waste in the A-9 cell is approximately 3.5 
million cubic yards (cyd) and up to 0.5 million cyd may be placed 
during final site decommissioning activities. An interim cover from 1 
to 5 feet (30.5 to 152 cm) thick was placed over the entire A-9 area in 
1988 and 1989. The final cover has not been constructed as additional 
waste and fill will be placed in the cell. Umetco submitted the 
enhanced reclamation plan by letter dated October 27, 1998. Additional 
information and revised pages to the plan were submitted December 10, 
1998, and March 29, 1999. The plan provides designs to:
    1. Reduce the planned frost protection soil layer to 4.5 feet (1.37 
m) and increase the clay radon barrier to 1.5 feet (45 cm) for a total 
soil cover thickness of 7 feet (1.8 m) (previously 10 feet (3 m)) for 
the A-9 cell;
    2. Change the vegetative cover to 6 to 12 inches (15 to 30 cm) of 
riprap (rock);
    3. Grade the site for appropriate drainage, including east and west 
diversion ditches;
    4. Reclaim the north and south evaporation ponds; and
    5. Reclaim the C-18 pit.
    The 35-acre A-9 disposal cell will need up to 23 feet (7 m) of fill 
in some areas to bring the surface to the proposed grade. The enhanced 
design increases the cell capacity and its footprint by approximately 
16 acres. The change to a rock cover was proposed to improve the long-
term erosion protection for the cover.
    The site grading plan uses contours approved with the reclamation 
plans for the heap leach and above-grade impoundments, diverts an 
existing drainage channel to minimize potential erosion of the above-
grade impoundment cover, raises the final elevation of the A-9 cell by 
approximately 10 feet (3 m) to accommodate additional material, grades 
the east side of the A-9 cell to a 3:1 or less slope, provides 
diversion ditches on the east and west side of the A-9 cell to direct 
runoff away from the cover, grades the area of the north and south 
evaporation ponds to 5:1 or less slope, and provides positive drainage 
for other areas on the site.
    The north and south ponds (22 acres) were constructed in 1979 over 
mine overburden. In 1993, the ponds were dry and the upper portion of 
the clay liner was excavated and placed in the A-9 cell. The enhanced 
plan indicates that the remaining clay liner also will be excavated and 
placed in the A-9 cell. Umetco provided data indicating that residual 
byproduct material was not detectable in the rocky material under the 
pond liners (Design Report Part 1, Section 6) so a cover for this area 
is not required.
    The C-18 former uranium surface mining pit is about 80 feet (24.4 
m) deep and 500 feet (152.4 m) wide at the surface (covers 5.3 acres). 
The pit may have some byproduct material at the bottom from site 
drainage, therefore, Umetco has proposed to treat this pit as a 
repository with the required engineered cover.
    The cover design of the A-9 cell and the other aspects of the 
enhanced design have been evaluated by the NRC staff. This technical 
review will be documented as part of the agency licensing action.

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 the National Environmental Policy Act, 10 CFR part 51, 
and Licensing and Regulatory Policy Procedures for Environmental 
Protection. The license amendment would authorize Umetco to complete 
reclamation as proposed. In conducting its appraisal, the NRC staff 
considered the following information: (1) Umetco's 1998 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 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, the 
Wyoming Department of Environmental Quality, and the Wyoming State 
Historic Preservation Officer.
    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 plan, and has determined that the 
requested amendment of Source Material License SUA-648, authorizing 
implementation of the reclamation plan, will: (1) be

[[Page 66513]]

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.
    3. 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 A-9 and C-18 cells and site grading, as 
requested by Umetco. Therefore, the principal alternatives available to 
the 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, the staff has reviewed the 
licensee's proposed action with respect to the criteria for reclamation 
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 amendment 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, PO 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 17th day of November 1999.

    For the Nuclear Regulatory Commission.
John J. Surmeier,
Chief, Uranium Recovery and Low-Level Waste Branch, Division of Waste 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 99-30734 Filed 11-24-99; 8:45 am]
BILLING CODE 7590-01-P