[Federal Register Volume 68, Number 94 (Thursday, May 15, 2003)]
[Notices]
[Pages 26359-26360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12114]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8989]


Envirocare of Utah, Inc.; Notice of Receipt of Amendment Request 
and Opportunity To Request a Hearing

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) has received, by 
letter dated March 27, 2003, a request from Envirocare of Utah, Inc., 
for approval of a license amendment to Materials License SMC-1559 to 
authorize it to receive and dispose of byproduct material, as defined 
in section 11e.(2) of the Atomic Energy Act (AEA) of 1954, as amended 
(hereafter referred to as 11e.(2) byproduct material), with 
concentrations of Ra-226 up to 100,000 pico curies per gram (pCi/g). 
Envirocare also requested approval of a revision to its License 
Application to allow disposal of containerized waste.
    The Envirocare facility, located at Clive, Utah, is licensed by NRC 
to accept and dispose of 11e.(2) byproduct material received from 
others. Currently, Envirocare's license restricts the concentration of 
Ra-226 in 11e.(2) byproduct material received by Envirocare to 4000 
pCi/g. Additionally, Envirocare's License Application discusses 
disposal of unpackaged 11e.(2) byproduct material. The unpackaged 
material is to be put into the disposal cell in layers not exceeding 12 
inches.

[[Page 26360]]

    The request from Envirocare, if granted by NRC, would allow 11e.(2) 
byproduct material with higher concentrations of Ra-226 to be disposed 
of at the facility. It would allow the higher activity material to be 
containerized and disposed of in containers that will not meet the 
existing 12 inch layering requirement.
    The staff will review Envirocare's request for conformance with 10 
CFR parts 20 and 40, using NUREG-1620, ``Standard Review Plan for the 
Review of a Reclamation Plan for Mill Tailings Sites Under Title II of 
the Uranium Mill Tailings Radiation Control Act'' and other applicable 
agency regulations and guidance. If NRC approves Envirocare's request, 
the approval will be documented in an amendment to Envirocare's 
license. However, before approving the request, NRC will need to make 
the findings required by the AEA and NRC regulations. These findings 
will be documented in a Technical Evaluation Report and either an 
Environmental Assessment or an Environmental Impact Statement.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for an amendment of a license falling within the scope of 
Subpart L, ``Informal Hearing Procedures for Adjudications in Materials 
and Operator Licensing Proceedings'' of NRC's rules and practice for 
domestic licensing proceedings 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(d). A 
request for a hearing must be filed within 30 days of the 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 Rulemaking and Adjudications Staff of the 
Office of the Secretary of the Commission at One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852, between 7:45 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: Rulemaking and 
Adjudications Staff. Because of continuing disruptions in the delivery 
of mail to United States Government offices, it is requested that 
requests for hearing also be transmitted to the Secretary of the 
Commission either by means of facsimile transmission to 301-415-1101, 
or by e-mail to [email protected].
    In accordance with 10 CFR 2.1205(f), each request for a hearing 
must also be served, by delivering it personally or by mail, to:
    (1) The applicant, Envirocare of Utah, Inc., 605 North 5600 West, 
Salt Lake City, Utah 84116; and
    (2) The NRC staff, by delivery to the Office of the General 
Counsel, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852, between 7:45 a.m. and 4:15 p.m., Federal workdays, or by mail 
addressed to the Office of the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Because of continuing disruptions in 
the delivery of mail to United States Government offices, it is 
requested that requests for hearing also be transmitted to the Office 
of the General Counsel, either by means of facsimile transmission to 
301-415-3725, or by e-mail to [email protected].
    In addition to meeting other applicable requirements of 10 CFR part 
2 of the NRC'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;
    (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(h);
    (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(d).

III. Further Information

    The application for the license amendment and the request to revise 
the License Application are available for inspection at NRC's Public 
Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. 
[ADAMS Accession No. ML031000416] Documents may also be examined and/or 
copied for a fee, at the NRC's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike, Rockville, MD 20854. Any 
questions with respect to this action should be referred to Myron 
Fliegel, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety 
and Safeguards, Office of Nuclear Materials Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Mail Stop T8-A33, Washington, DC 20555-
0001. Telephone: (301) 415-6629.

    Dated at Rockville, Maryland, this 9th day of May, 2003.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Deputy Director, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Materials Safety and Safeguards.
[FR Doc. 03-12114 Filed 5-14-03; 8:45 am]
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