[Federal Register Volume 66, Number 41 (Thursday, March 1, 2001)]
[Notices]
[Pages 12962-12963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4959]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-0299]


Umetco Minerals Corporation

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 decommission the contaminated land 
associated with the operation of the uranium mill facility according to 
the Revised Soil Decommissioning Plan submitted September 15, 2000, as 
amended. The Umetco East Gas Hills site, is located in Natrona County, 
Wyoming, approximately 50 miles (80 kilometers) southeast of the town 
of Riverton, Wyoming. The mill operated from 1960 to 1979 and was 
dismantled in 1992. During operation, wind-blown tailings and tailings-
solution from the Above-Grade Impoundment contaminated areas north of 
the Impoundment. A portion of the land contaminated with byproduct 
material was remediated (excavated) in 1993. Several changes and 
improvements have been proposed in the revised decommissioning 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, Fuel Cycle 
Licensing Branch, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Mail Stop T7-C6, Washington, DC 20555. Telephone 301/415-
6606.

SUPPLEMENTARY INFORMATION:

Background

    The Umetco Minerals Corporation (Umetco) site is licensed by the 
U.S. Nuclear Regulatory Commission (NRC) under Source 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 original soil decommissioning plan was approved with additional 
requirements as documented in License Condition (LC) 30. The major 
proposed modifications in the revised plan include:
    1. An improved method of gamma scanning;
    2. A detailed plan for providing documentation that the regulations 
have been met;
    3. A revised radium background value for compliance in the wind-
blown area; and
    4. Alternate criteria for the residual byproduct material in the 
channel of East Canyon Creek.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the revised soil decommissioning plan, in accordance 
with 10 CFR part 51, Environmental Protection Regulations for Domestic 
Licensing and Related Regulatory Functions. The license amendment would 
authorize Umetco to complete soil cleanup in the wind-blown area north 
of the Above-Grade Impoundment and to leave small amounts of residual 
byproduct material in the channel of East Canyon Creek as proposed. In 
conducting its appraisal, the NRC staff considered the following 
information: (1) Umetco's 1999 and 2000 submittals supporting the 
license amendment request, including a risk assessment for East Canyon 
Creek; (2) previous environmental evaluations of the facility; (3) data 
contained in required 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, and the 
Wyoming State Historic Preservation Officer. The technical aspects of 
the revised 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 revised decommissioning plan, and has determined that the 
requested amendment of Source Material License SUA-648, authorizing 
implementation of the revised soil decommissioning plan, will: (1) Be 
consistent with requirements of 10 CFR part 40, appendix A; (2) not be 
inimical to the 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 decommissioning 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. Potential risks to the public and the environment from the 
byproduct material proposed to remain in the channel of East Canyon 
Creek (an ephemeral stream) were evaluated. Data on radionuclides and 
heavy metals in soil, water, vegetation, and animals were reviewed. 
Also, staff considered the contributions of these constituents from the 
near-by uranium mining activities and from natural uranium deposits in 
the creek bank. The staff determined that the current and long-term 
hazards from byproduct material in the creek channel are insignificant. 
The cost of remediation, risks to remediation workers, and the 
environmental harm (erosion, affect on wildlife including endangered 
species, etc) that would result from excavation of soil in the creek 
channel far out-weigh any slight

[[Page 12963]]

health benefit that might arise as a result of remediation in this 
area. Also, the level of protection would be equivalent to meeting the 
soil radium standard, to the extent practicable.

Alternatives to the Proposed Action

    The proposed action is to amend NRC Source Material License SUA-
648, for decommissioning of the windblown tailings area and application 
of alternative criteria (no remediation) for the residual byproduct 
material in a portion of the East Canyon Creek channel, 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, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.

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 10 
CFR part 2, 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. 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 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.
    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, Umetco Minerals Corporation, PO 1029, Grand 
Junction, CO 81502;
    (2) The NRC staff, by delivery to the General counsel, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852, or
    (3) By mail addressed to the General Counsel, 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(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).
    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 23rd day of February 2001.

    For the Nuclear Regulatory Commission.
Philip Ting,
Chief, Fuel Cycle Licensing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 01-4959 Filed 2-28-01; 8:45 am]
BILLING CODE 7590-01-P