[Federal Register Volume 64, Number 41 (Wednesday, March 3, 1999)]
[Notices]
[Pages 10331-10332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5198]
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NUCLEAR REGULATORY COMMISSION
[Docket Number 40-8904]
Sohio Western Mining Company's L-Bar Site
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Final finding of no significant impact.
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SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory
Commission (NRC) proposes to amend Sohio Western Mining Company's
(Sohio's) Source Material License SUA-1472, to allow alternate
concentration limits (ACLs) for ground water hazardous constituents at
the L-Bar uranium mill site in Cibola County, New Mexico. An
Environmental Assessment (EA) was performed by the NRC staff in
accordance with the requirements of 10 CFR Part 51. The conclusion of
the EA was a Finding of No Significant Impact (FONSI) for this
licensing action.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hooks, Uranium Recovery
Branch, Division of Waste Management, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. Telephone (301) 415-7777.
SUPPLEMENTARY INFORMATION:
Background
By letter of September 24, 1998, Sohio requested that Source
Material License SUA-1472 be amended to allow ACLs for ground water
constituents selenium and uranium at the L-Bar site. On October 26 and
November 25, 1998, Sohio provided additional information that was
requested by NRC staff. Based on its evaluations of the information
provided, NRC staff has concluded that the ACLs proposed by Sohio are
acceptable. In order to terminate the existing ground water corrective
action program (CAP), the licensee must meet 10 CFR Part 40, Appendix
A, Criterion 5B(5), which requires that, at the point of compliance
(POC), the concentration of a hazardous constituent must not exceed the
established background concentration of that constituent, the maximum
concentration limits (MCLs) given in Table 5C of Appendix A, or an
alternate concentration limit established by NRC.
Summary of the Environmental Assessment
Identification of the Proposed Action
The proposed action is an amendment to SUA-1472 to allow the
application of ACLs for ground water hazardous constituents selenium
and uranium, at the Sohio Western Mining Company's L-Bar uranium mill
tailings site, as provided in 10 CFR Part 40, Appendix A, Criterion
5B(5). NRC staff's review was conducted in accordance with the ``Staff
Technical Position, Alternate Concentration Limits for Title II Uranium
Mills,'' dated January 1996.
Based on its evaluation of Sohio's amendment request, NRC staff has
concluded that granting Sohio the request for ACLs will not result in
significant impacts. The staff decision was based on information
provided by Sohio, demonstrating that its proposed ACLs would not pose
a substantial present or potential future hazard to human health and
the environment, and are as low as reasonably achievable (ALARA). A
review of alternatives to the requested action indicates that
implementation of alternate methods would result in little net
reduction of ground water constituent concentrations.
Conclusion
NRC staff concludes that approval of Sohio's amendment request to
allow ACLs for ground water hazardous constituents will not cause
significant health or environmental impacts. The following statements
summarize the conclusions resulting from the EA:
1. Currently, all concentrations with the exception of uranium and
selenium in a few POC wells will meet the established ground-water
background values for the site at the POC wells.
2. Due to the attenuation capability of the formations through
which the acidic ground-water plume will move, the residual amounts of
uranium and selenium will be reduced to background levels that will not
pose any greater health risk than that assigned to the maximum
concentration limits for ground-water protection.
3. The POCs are located along the site boundary of the restricted
area that will be maintained by the long-term care custodian (most
likely the U.S. Department of Energy) following termination of Sohio's
license for the L-Bar site.
4. Ground water use from the First Tres Hermanos Sandstone and
Mancos
[[Page 10332]]
Shale is unlikely because of the low volume available in these units,
and the already poor background water quality. Ground water used in the
area is taken from deeper aquifers with better quality water and
higher, sustainable well yields.
5. Additional corrective actions will have little effect on
dewatering of the tailings or removal of contaminants and, therefore,
will have little impact on the ground-water quality.
Because the staff has determined that there will be no significant
impacts associated with approval of the amendment request, there can be
no disproportionately high and adverse effects or impacts on minority
and low-income populations. Except in special cases, these impacts need
not be addressed for EAs in which a FONSI is made. Special cases may
include regulatory actions that have substantial public interest,
decommissioning cases involving onsite disposal in accordance with 10
CFR 20.2002, decommissioning/decontamination cases which allow residual
radioactivity in excess of release criteria, or cases where
environmental justice issues have been previously raised. Consequently,
further evaluation of environmental justice concerns, as outlined in
NRC's Office of Nuclear Material Safety and Safeguards Policy and
Procedures Letter 1-50, Rev.1, is not warranted.
Alternatives to the Proposed Action
Since the licensee has demonstrated that the proposed ACL values
will not pose substantial present or potential hazards to human health
and the environment, and that the proposed ACLs are ALARA, considering
practicable corrective actions, establishing other standards more
stringent than the proposed ACLS was not evaluated. Furthermore, since
NRC staff has concluded that there are no significant environmental
impacts associated with the proposed action, any alternatives with
equal or greater environmental impacts need not be evaluated. The
principal alternative to the proposed action would be to deny the
requested action. The licensee evaluated various alternatives,
including continuation of the CAP, and demonstrated that those
alternatives would result in little net reduction of constituent
concentrations. Because the environmental impacts of the proposed
action and the no-action alternative are similar, there is no need to
further evaluate alternatives to the proposed action.
Finding of No Significant Impact
NRC staff has prepared an EA for this action. On the basis of this
assessment, NRC staff has concluded that the environmental impacts that
may result from this action would not be significant, and therefore,
preparation of an Environmental Impact Statement is not warranted.
The EA and other documents related to this action are being made
available for public inspection at NRC's Public Document Room at 2120 L
Street, NW (Lower Level), Washington, DC 20555.
NRC hereby provides notice of an opportunity for a hearing on the
license amendment under the provisions of 10 CFR Part 2, Subpart L,
``Informal Hearing Procedures for Adjudications in Materials and
Operator Licensing Proceedings.'' 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
hearing must be filed within 30 days of the publication of this notice
in the Federal Register. The request for a hearing must be filed with
the Office of the Secretary, either:
(1) By delivery to the Docketing and Service Branch 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: Docketing and
Service Branch.
In accordance with 10 CFR 2.1205(e), each request for a hearing
must also be served, by delivering it personally or by mail, to:
(1) The applicant, Kennecott Energy Company (on behalf of Sohio
Western Mining Company), 505 South Gillette Avenue, Gillette, Wyoming
82717-3009, Attention: John Trummel; and
(2) NRC staff, by delivery to the Executive Director for
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852, or 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 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 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).
The request must also set forth the specific aspect or aspects of
the subject matter of the proceeding as to which petitioner wishes a
hearing.
Dated at Rockville, Maryland, this 25th day of February, 1999.
For the Nuclear Regulatory Commission.
N. King Stablein,
Acting Chief, Uranium Recovery Branch, Division of Waste Management,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 99-5198 Filed 3-2-99; 8:45 am]
BILLING CODE 7590-01-P