[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)] [Notices] [Pages 13039-13040] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-6865] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Proposal To Revoke Designations of Inactive Uranium Mill Tailings Sites in North Dakota Previously Designated Under the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978 AGENCY: Office of Environmental Management, Department of Energy. ACTION: Notice of proposal to revoke designations of inactive uranium mill tailings sites in North Dakota previously designated under the provisions of the Uranium Mill Tailings Radiation Control Act of 1978. ----------------------------------------------------------------------- SUMMARY: In 1979, the Secretary of Energy designated inactive uranium milling sites, including two sites at Belfield and Bowman, North Dakota, for cleanup under the Uranium Mill Tailings Radiation Control Act of 1978. In 1995, the State of North Dakota requested that the designations of the Belfield and Bowman sites be revoked citing its belief that there will be minimal risk to the public and the environment if the sites are not cleaned up and the State's inability to pay its 10 percent share of the cleanup costs required by UMTRCA. The Department of Energy is proposing to revoke the designations of these sites because of the low risks to the public and the environment at the sites, DOE's lack of [[Page 13040]] authority to clean up the two sites without costsharing by the State, and the existence of alternative authority to regulate the sites following revocation of the designations. Following revocation, these two sites will no longer be eligible for cleanup under the provisions of UMTRCA. DATES: Public comments will be accepted on this proposed action. Comments should be submitted by April 16, 1998. If the Department does not receive any comments on this proposed action that would cause it to reconsider its proposal, the revocations shall be effective on May 18, 1998; and the Belfield and Bowman, North Dakota, processing sites and associated vicinity properties will no longer be eligible for remedial action by the Department of Energy under the provisions of UMTRCA. ADDRESSES: Comments should be sent to: Loretta B. Fahy, Office of Environmental Restoration, EM-45, U.S. Department of Energy, 19901 Germantown Road, Germantown, Maryland 20874. FOR FURTHER INFORMATION CONTACT: Loretta B. Fahy, Office of Environmental Restoration, (301) 903-3895. SUPPLEMENTARY INFORMATION: The purpose of the Uranium Mill Tailings Radiation Control Act of 1978 is to provide, in cooperation with interested States, Indian tribes, and persons who own or control inactive uranium milling sites, a program of assessment and remedial action at certain designated sites to stabilize and control the tailings in a safe and environmentally sound manner and to minimize or eliminate radiation health hazards. Section 102(a)(1) of UMTRCA, 42 U.S.C. 7912(a)(1), required DOE to designate twenty-two sites specified in the Act and gave the Secretary discretionary authority to designate other sites. The Belfield and Bowman sites were designated under this discretionary authority of the Secretary (44 FR 74982, December 18, 1979). Under the provisions of section 107(a) of UMTRCA, 42 U.S.C. 7917(a), the Secretary is authorized to pay only 90 percent of the cost of remedial action at designated sites not on Indian lands, and the State is required to provide the remaining 10 percent. If the State does not provide its share of the remedial action costs, the Secretary lacks the necessary authority to perform remedial action at the sites in that State. The State of North Dakota, by letter dated March 14, 1995, requested that the Department of Energy take whatever action is necessary to revoke the designations of the Belfield and Bowman sites under UMTRCA and terminate the Cooperative Agreement between the State and the Department. The State's request expressed the view that there would be minimal risk to the public and environment if the sites were not cleaned up and noted that the North Dakota legislature was not likely to appropriate funds for the State's 10 percent share of the cleanup costs. Under section 102(a)(1) of UMTRCA, 42 U.S.C. 7912(a)(1), the Department has the implicit authority to revoke the designations of the two sites. There are three reasons why the Department is taking this action. First, the risk to the public and environment is low, and the public will be protected through State regulation of the radioactive material at the sites. In arriving at this conclusion, the Department prepared an Environmental Assessment and has issued a Finding of No Significant Impact for this proposed action. Second, since the State of North Dakota has declined to appropriate the State's cost share, the Department lacks the authority under UMTRCA to conduct the cleanup. Third, neither the Nuclear Regulatory Commission nor the Environmental Protection Agency has expressed any objection to the Department's proposed action. The Nuclear Regulatory Commission staff has advised the State and the Department that the State of North Dakota can regulate the sites under separate existing State authority. The Environmental Protection Agency has advised the Department that it will not object to the Department's action, provided that the State assumes regulatory responsibility for the sites. The State has notified the Department of its willingness to assume this responsibility. Issued in Washington, D.C. on this 10th of March, 1998. James J. Fiore, Acting Deputy Assistant Secretary for Environmental Management. [FR Doc. 98-6865 Filed 3-16-98; 8:45 am] BILLING CODE 6450-01-P