[Federal Register Volume 65, Number 2 (Tuesday, January 4, 2000)] [Notices] [Pages 308-309] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 00-77] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 40-8681] International Uranium (USA) Corporation AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Final Finding of No Significant Impact; Notice of Opportunity for Hearing. ----------------------------------------------------------------------- SUMMARY: The International Uranium (USA) Corporation (IUC) requested that the U.S. Nuclear Regulatory Commission (NRC) amend its NRC Source Material License SUA-1358, to approve its Reclamation Plan, as amended, for the White Mesa Uranium Mill near Blanding, Utah. 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 is a Finding of No Significant Impact (FONSI) for the proposed licensing action. FOR FURTHER INFORMATION CONTACT: Mr. William von Till, 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-J8, Washington, DC 20555. Telephone (301) 415- 6251. SUPPLEMENTARY INFORMATION: Background Materials License SUA-1358 was originally issued by NRC on August 7, 1979, pursuant to Title 10, Code of Federal Regulations (10 CFR), Part 40, ``Domestic Licensing of Source Material.'' The IUC site is licensed by the NRC under Materials License SUA-1358 to possess byproduct material in the form of uranium waste tailings and other uranium byproduct waste generated by the licensee's milling operations, as well as other source material from multiple locations. Some of these locations include material from Formerly Utilized Sites Remedial Action Program (FUSRAP) sites managed by the U.S. Army Corps of Engineers (USACE). These materials generally have similar chemical, physical, and radiological composition to conventional mill tailings. The mill is currently operating. The license amendment would approve IUC's reclamation plan (RP). The proposed action is needed to minimize exposure of contaminated materials, once the mill operations have ceased, by reclaiming contaminated areas and stabilizing wastes. The goal of the reclamation plan is to permanently isolate and stabilize the tailings and associated contamination by minimizing disturbances by natural forces, and to do so without ongoing maintenance. The design objective is to be effective for up to one thousand years, to the extent reasonable, and, in any case for at least 200 years; to provide reasonable assurance that releases of radon-222 from the residual radioactive material will be minimized, and to provide reasonable assurances to protect groundwater resources. The facilities to be reclaimed include the following: (1) Cell 1 (evaporative), Cells 2 and 3 (tailings), and Cell 4A (not currently used). (2) Mill buildings and equipment. (3) On-site contaminated areas. (4) Off-site contaminated areas (i.e., potential areas affected by windblown tailings). The reclamation of the above facilities will include the following: (1) Placement of materials and debris from the mill decommissioning in tailings Cells 2 and 3. (2) Placement of contaminated soils, crystals, and synthetic liner material from Cell 1 in tailings Cells 2 and 3. (3) Placement of contaminated soils, crystals, and synthetic liner material from Cell 4A in tailings Cells 2 and 3. (4) Placement of an engineered multi-layer cover on Cells 2 and 3. (5) Construction of runoff control and diversion channels as necessary. (6) Reconditioning of mill and ancillary areas. (7) Reclamation of borrow sources. The plan further describes the designs, activities, schedule, and estimated costs for reclaiming IUC's White Mesa Uranium Mill Site and Tailing Impoundment, for bonding and surety coverage requirements. The actual final reclamation design and cost analyses will depend on the quantity and depth of the tailings actually placed in the impoundment area and the surface area that they occupy. All conditions and commitments in the reclamation plan are subject to NRC inspection. Violation of the plan may result in enforcement action. IUC submitted the RP in a letter dated February 28, 1997, and amended by letters of December 16, 1997, September 11, 1998, October 23, 1998, May 26, 1999, and June 22, 1999. Summary of the Environmental Assessment The NRC staff performed an appraisal of the environmental impacts associated with the RP for the White Mesa mill, in accordance with 10 CFR Part 51, Licensing and Regulatory Policy Procedure for Environmental Protection. In conducting its appraisal, the NRC staff considered the following: (1) Information contained in the previous environmental evaluations of the White Mesa project; (2) information contained in IUC's reclamation plan; (3) information contained in IUC's license amendment request submitted subsequent to its reclamation plan, and NRC staff approvals of such requests; (4) land use and environmental monitoring reports; and (5) information derived from NRC staff site visits and inspections of the White Mesa mill site and from communications with IUC, the State of Utah Department of Environmental Quality, the U.S. Bureau of Land Management, the U.S. Fish and Wildlife Service, the State of Utah [[Page 309]] Historic Preservation Officer, and the White Mesa Ute Tribal Historic Preservation Officer. The results of the staff's appraisal are documented in an Environmental Assessment 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 the actual and potential environmental impacts associated with the reclamation plan and has determined that the action is: (1) Consistent with requirements of 10 CFR Part 40; (2) will not be inimical to the public health and safety; and (3) will not have long-term detrimental impacts on the environment. The following statements support the FONSI and summarize the conclusions resulting from the staff's environmental assessment: 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 site operations have been and are expected to continue to remain below the regulatory limits. 2. Present and potential risks from the reclamation were assessed. Given the remote location, the small area of impact, and the past activities on the site, the staff has determined that the risk factors for health and environmental hazards are insignificant. Alternatives to the Proposed Action The proposed action that the NRC is considering is approval of IUC's Reclamation Plan and the amendment to a source material license issued pursuant to 10 CFR Part 40. The principal alternatives available to the NRC are: 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 request. The NRC staff has concluded that there are no significant environmental impacts associated with the proposed action. Therefore, alternatives with equal or greater impacts need not be evaluated. The staff considers that Alternative 1 is the appropriate alternative for selection. A technical evaluation report will be completed with respect to the criteria for reclamation, specified in 10 CFR Part 40, Appendix A. Finding of No Significant Impact The NRC staff has prepared an Environmental Assessment for the proposed reclamation plan for NRC Source Material License SUA-1358. On the basis of this assessment, the NRC staff has concluded that the environmental impact that may result for the proposed action would not be significant, and, therefore, preparation of an Environmental Impact Statement is not warranted. The Environmental Assessment 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 Operator Licensing Proceedings,'' of the Commission's Rules of Practice for Domestic Licensing Proceedings 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 the 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 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: Rulemaking and Adjudications Staff. Each request for a hearing must also be served, by delivering it personally or by mail to: (1) The applicant, International Uranium (USA) Corporation, Independence Plaza, Suite 950, 1050 Seventeenth Street, Denver, Colorado 80265; (2) The NRC staff, by delivery to the Executive Director of 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 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 proceedings, 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 area of concern about the licensing activity that is the subject matter of the proceedings; 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 Proceeding'' in 10 CFR Part 2, Subpart L. Dated at Rockville, Maryland, this 23rd day of December 1999. For the Nuclear Regulatory Commission. Thomas H. Essig, Chief, Uranium Recovery and Low-Level Waste Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 00-77 Filed 1-3-00; 8:45 am] BILLING CODE 7590-01-P