[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Notices]
[Pages 77969-77973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32126]
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DEPARTMENT OF ENERGY
Notice of Intent To Prepare an Environmental Impact Statement and
To Conduct Public Scoping Meetings, and Notice of Floodplain and
Wetlands Involvement for Remediation of the Moab Uranium Mill Tailings
Site in Grand County, UT
AGENCY: Department of Energy.
ACTION: Notice of intent to prepare an environmental impact statement
and to conduct public scoping meetings.
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SUMMARY: Pursuant to the National Environmental Policy Act of 1969
(NEPA) and the Department of Energy (DOE) NEPA Implementing Procedures
(10 CFR part 1021), DOE announces its intent to prepare an
Environmental Impact Statement (EIS) to assess the potential
environmental impacts of actions that would remediate contaminated
soils, tailings, and ground water at the Moab Uranium Mill Tailings
Site (Moab Project Site), Grand County, Utah, and contaminated soils in
adjacent public and private properties (vicinity properties) near the
Moab Project Site. The Moab Project Site is a former uranium-ore
processing facility. In October 2000, the Floyd D. Spence National
Defense Authorization Act for Fiscal Year (FY) 2001 gave DOE
responsibility for remediation of the Moab Project Site. The Act also
mandated that the Moab Project Site be remediated in accordance with
Title I of the Uranium Mill Tailings Radiation Control Act of 1978, as
amended (UMTRCA) (42 U.S.C. 7901 et seq.). UMTRCA includes vicinity
properties as part of the project site. As part of the evaluation of
reasonable alternatives, DOE will consider both on-site and off-site
remediation and disposal of tailings and contaminated soils. Off-site
disposal alternatives currently include four sites in Utah: Klondike
Flats, near Moab; Crescent Junction, near the town of Crescent Junction
and about 20 miles east of the town of Green River; the White Mesa Mill
near the town of Blanding; and the East Carbon Development Corporation
(ECDC) site, near East Carbon.
Because some actions that DOE could select would take place in or
near wetlands or floodplains located on the Moab Project Site, the EIS
will include a floodplain and wetlands assessment and a floodplain
statement of findings in accordance with DOE regulations for compliance
with floodplain and wetlands environmental review requirements (10 CFR
part 1022). Additionally, because of a potential that current
contamination could be impacting critical habitat for threatened and
endangered fish, or that remediation measures could result in such
impacts, a biological assessment under the U.S. Fish and Wildlife's
implementing procedures for the Endangered Species Act (50 CFR part
402) will be prepared.
DOE invites Indian Tribes, individuals, organizations, and agencies
to present oral or written comments concerning the scope of the EIS,
and the floodplain, wetlands, and biological assessment(s). DOE also
invites Indian Tribes and federal, state, and local governmental
agencies and organizations with jurisdiction by law or special
expertise to participate as cooperating agencies in preparing this EIS.
DATES: The public scoping period starts with the publication of this
Notice in the Federal Register and will continue until February 14,
2003. DOE will consider all comments received or postmarked by that
date in defining the scope of this EIS. Comments received or postmarked
after that date will be considered to the extent practicable. Public
scoping meetings will provide the public with an opportunity to present
comments, ask questions, and discuss concerns regarding the EIS with
DOE officials. The locations, dates, and times for the public scoping
meetings are as follows:
1. January 21, 2003, Green River, Utah--City Hall, 240 East Main
Street, 6 p.m. to 10 p.m.
2. January 22, 2003, Moab, Utah--Moab Valley Inn, 711 South Main
Street, 6 p.m. to 10 p.m.
3. January 23, 2003 Meetings
a. White Mesa, Utah--White Mesa Ute Tribal Meeting, White Mesa Ute
Recreation Center, 9 a.m. to 11 a.m.
b. Blanding, Utah--Navajo Nation Meeting, College of Eastern Utah
Arts and Events Center, 639 W 100 South, 2 p.m. to 4 p.m.
c. Blanding Utah--Public Meeting--College of Eastern Utah Arts and
Events Center, 639 W 100 South, 6 p.m. to 10 p.m.
4. January 28, 2003, East Carbon--Old City Hall, 200 Park Place, 6
p.m. to 10 p.m.
DOE will publish additional notices of the dates, times, and
locations of the scoping meetings in local newspapers and other media
in advance of the scheduled meetings. Any necessary changes will be
announced in the local media.
ADDRESSES: Written comments or suggestions concerning the scope of the
EIS, requests for more information on the EIS and the public scoping
process, and requests to participate as a cooperating agency should be
directed to Mr. Joel Berwick, Moab Project Manager, U.S. Department of
Energy Grand Junction Office, 2597 B \3/4\ Road, Grand Junction,
Colorado 81503; facsimile: (970) 248-6023.
In addition to providing comments at the public scoping meetings,
interested parties are invited to record their comments, ask questions
concerning the EIS, or request to be placed on the EIS mailing list or
document distribution list by leaving a message on the toll-free EIS
Hotline 1-800-637-4575, or e-mail at [email protected]. The
hotline will have instructions on how to record comments and requests.
[[Page 77970]]
FOR FURTHER INFORMATION CONTACT: For information on the Moab EIS,
please contact: Mr. Joel Berwick, Moab Project Manager, U.S. Department
of Energy, Grand Junction Office, 2597 B \3/4\ Road, Grand Junction,
Colorado 81503; Phone: (970) 248-6020. For general information
regarding the DOE NEPA process please contact: Ms. Carol Borgstrom,
Director, Office of NEPA Policy and Compliance (EH-42), U.S. Department
of Energy, 1000 Independence Avenue, SW., Washington, DC 20585; Phone:
(202) 586-4600, or leave a message at 1-800-472-2756; NEPA Web site:
http://tis.eh.doe.gov/nepa/. Additional information about the Moab
Project can be found at http://www.gjo.doe.gov/moab/moab.html.
SUPPLEMENTARY INFORMATION:
Background and Need for Agency Action
The Moab Project Site is located about 3 miles northwest of the
City of Moab in Grand County, Utah, and lies on the west bank of the
Colorado River at the confluence with Moab Wash. The site encompasses
approximately 400 acres; a 130-acre uranium mill tailings pile occupies
much of the western portion of the site. The Moab Project Site is
bordered on the north and southwest by steep sandstone cliffs. The
Colorado River forms the southeastern boundary of the site. U.S.
Highway 191 parallels the northern site boundary, and State Highway 279
transects the southwestern perimeter of the property. Arches National
Park has a common property boundary with the Moab Project Site on the
north side of U.S. Highway 191, and the park entrance is located less
than 1 mile northwest of the site. Canyonlands National Park is located
about 12 miles to the southwest.
Originally, the property and facilities were owned by the Uranium
Reduction Company (URC) and were regulated by the U.S. Atomic Energy
Commission, a statutory predecessor agency of DOE. In 1956, URC began
operation of the mill. In 1962, the Atlas Minerals Corporation acquired
URC and operated the Site as the Atlas Mill Site until operations
ceased in 1984. Between 1956 and 1984, uranium mill tailings were
disposed of on-site in an unlined impoundment. Decommissioning of the
mill began in 1988, and an interim cover was placed on the tailings
impoundment between 1989 and 1995. In 1996, Atlas proposed to reclaim
the tailings pile for permanent disposal in its current location. Atlas
declared bankruptcy in 1998, and subsequently the U.S. Nuclear
Regulatory Commission (NRC) appointed PricewaterhouseCoopers as Trustee
of the Moab Mill Reclamation Trust and licensee for the Site. In 1999,
prior to the transfer of the Site to DOE, NRC completed the Final
Environmental Impact Statement (FEIS) Related to Reclamation of the
Uranium Mill Tailings at the Atlas Site, Moab, Utah (NUREG-1531), which
focused on surface remediation and cap-in-place. DOE will use
information from the NRC EIS as appropriate in preparing this EIS.
In October 2000, Congress passed the Floyd D. Spence National
Defense Authorization Act for FY 2001 that authorized transfer of the
title and responsibility for cleanup of the site to DOE and required
that the Moab Project Site undergo remediation in accordance with Title
I of UMTRCA. The Act directed that the National Academy of Sciences
(NAS) provide assistance to DOE in evaluating costs, benefits, and
risks associated with remediation alternatives. DOE completed a
preliminary draft Plan for Remediation that evaluated cap-in place and
a generic off-site relocation alternative. The preliminary draft Plan
identified several areas where the existing technical data were not
conclusive, summarized existing information about the two alternatives,
and was submitted to the NAS on October 30, 2001. After reviewing the
preliminary draft Plan, the NAS provided a list of recommendations on
June 11, 2002, for DOE to consider during its assessment of remediation
alternatives for the Moab Project Site. DOE does not intend to finalize
a separate Plan for Remediation, but instead will incorporate
information from the Plan with the EIS, and will use the EIS process to
support its decisionmaking for the remediation of the Moab Site. DOE
has incorporated the NAS recommendations into its internal scoping of
this EIS and is committed to addressing the NAS recommendations, in
either the EIS or supporting documents.
During its years of operation, the mill accumulated approximately
11.9 million tons of uranium mill tailings that contain contaminants at
levels above the Environmental Protection Agency (EPA) standards in 40
CFR part 192, ``Health and Environmental Protection Standards for
Uranium and Thorium Mill Tailings.'' The tailings are located in a 130-
acre tailings pile, which averages 94 feet above the Colorado River
terrace and is located about 750 feet from the Colorado River. Surveys
indicate that soils outside the pile also contain radiological
contaminants at concentrations above the EPA standards.
Ground water in the shallow alluvium at the site has also been
contaminated by uranium milling operations. Ground water in the
alluvium consists of a relatively thin zone of fresh water overlying a
thicker brine zone. Preliminary investigations indicate that the major
constituents of potential concern may be ammonia, arsenic, manganese,
molybdenum, nitrate, selenium, sulfate, and uranium. Although final
decisions for site and ground water remediation will not be made before
the record of decision (ROD) that will consider the analyses provided
in this EIS and other factors, and our subsequent proposals to Congress
for implementing funding, DOE will be implementing actions such as
ground water restoration in the interim to mitigate the impacts of
ground water contamination.
The Colorado River adjacent to the site has also been negatively
affected from site-related contamination, mostly due to ground water
discharge. The primary site-related contaminant in surface water is
ammonia, which potentially affects endangered fish species in the
river. Concentrations of other constituents, particularly uranium and
manganese, are also elevated in surface water samples.
Based on experience at other uranium milling sites, DOE anticipates
that there may be contamination in areas adjacent to the milling site
resulting from either historic off-site usage of the mill tailings for
fill or construction material, wind blown transport of tailings from
the milling site, or from the accumulation of residual stock of
unprocessed ores or low-grade materials at off-site locations prior to
processing at the mill. Under UMTRCA, these off-site properties are
referred to as ``vicinity properties,'' defined to include any
properties in the vicinity of the milling site contaminated with
residual radioactive materials derived from the milling site. UMTRCA
considers vicinity properties part of the milling site for purposes of
cleanup. The EIS will address the impacts that would result from the
remediation of any vicinity properties and include contaminated
materials from vicinity properties in the assessment of both on-site
and off-site disposal alternatives.
Proposed Action and Alternatives
DOE proposes to select remediation alternatives for contaminated
surface materials (tailings pile, surrounding soils, and vicinity
properties) and ground water. The range of reasonable surface
remediation alternatives includes both on-site and off-site disposal of
the tailings and impacted soils. As a result, the analyses of ground
water remediation alternatives in this EIS will include site conditions
under
[[Page 77971]]
both on-site and off-site surface remediation alternatives. The
remediation alternatives being evaluated are described below under the
No Action Alternative, Surface Actions, and Ground Water Actions.
No Action Alternative
Under the No Action Alternative, DOE would not remediate the
uranium mill tailings, surface soil contamination, vicinity properties,
or the contaminated ground water. This alternative is included to
provide a basis for comparison to the action alternatives described
above as required by NEPA regulations (40 CFR 1502.14(d)).
Surface Actions
Both on-site disposal and off-site disposal alternatives will be
considered for the tailings pile, surrounding soils, and vicinity
properties. On-site disposal would involve depositing contaminated
soils on the tailings pile and capping the tailings pile in place. The
off-site disposal alternatives would remove the tailings and
contaminated soils and dispose of these materials at one of several
locations within the region. The following off-site disposal locations,
described below, will be assessed under the off-site disposal
alternatives: Klondike Flats, Crescent Junction, White Mesa Mill, and
the East Carbon Development Corporation (ECDC) site. Under the off-site
disposal alternatives, three transportation modes will be evaluated:
truck, rail, and slurry pipeline for some or all of the off-site
disposal locations.
For all on-site disposal and off-site disposal alternatives, DOE
must demonstrate that the combination of engineered controls (e.g.,
cover and liner systems), institutional controls, and custodial care
performed as part of the Long-Term Surveillance and Maintenance Program
under UMTRCA, would ensure long-term protection of public health and
safety and the environment.
On-Site Disposal Alternative
The on-site disposal alternative would consolidate all contaminated
soils and stabilize the 130-acre tailings pile in place in an above-
grade disposal cell at its current location on the Moab Project Site. A
final cover would be designed to meet the requirements of EPA's
standards (40 CFR part 192), utilizing DOE's experience with other
uranium mill tailings disposal cell covers. Flood protection would be
constructed along the base of the pile and cover materials for radon
attenuation and erosion protection would be brought to the site from
suitable borrow areas. The final design would meet the requirements of
disposal cells under EPA (40 CFR part 92) and NRC (10 CFR part 40,
Appendix A) standards.
Off-Site Disposal Alternatives
DOE is considering several off-site disposal alternatives. For
these alternatives, DOE would remove the tailings pile and contaminated
soils from the Moab Project Site and transport these materials to
another location for disposal. To date, DOE has considered numerous
off-site disposal locations and has determined that the range of
reasonable sites within the region around Moab can be represented by
four sites. The Klondike Flats and Crescent Junction sites represent
locations where new disposal cells could be constructed; the White Mesa
Mill and the ECDC sites represent existing facilities that could
receive these materials.
Klondike Flats. Klondike Flats is a low-lying plateau about 17
miles north of Moab in Grand County, Utah. The Klondike site consists
of undeveloped land administered by the Bureau of Land Management (BLM)
interspersed with Utah State Lands. The eastern Klondike site boundary
is adjacent to U.S. Highway 191 and is north of the privately-owned
Canyonlands Field Airport property.
Crescent Junction. The Crescent Junction site is approximately 28
miles northwest of Moab and 30 miles east of Green River, just
northeast of Crescent Junction in Grand County, Utah, on the north side
of Interstate 70. The site also consists of undeveloped land
administered by the BLM interspersed with Utah State Lands.
White Mesa Mill. The White Mesa Mill is located approximately 85
miles south of the Moab Project Site and 6 miles from Blanding in San
Juan County, Utah. The mill, which is owned by the International
Uranium Corporation, processes uranium-bearing materials and disposes
of them on-site in lined ponds. It has been in operation since 1980.
Although the facility has an NRC license to receive, process, and
permanently dispose of uranium-bearing material, it would need a
license amendment before it could accept material from the Moab Project
Site. The mill has the potential to process materials from the Moab
Project Site to extract valuable constituents and then dispose of the
residues on-site or dispose of the materials without processing.
ECDC Site. The ECDC facility is located in East Carbon, Carbon
County, Utah, and is approximately 100 miles northwest of the Moab
Project Site. The site is leased by ECDC from the City of East Carbon.
The estimated total lifetime disposal capacity of the facility is 300
million cubic yards. The facility is operating under a May 1990 Solid
Waste Plan (permit) issued by the Utah Bureau of Solid and Hazardous
Waste, which subsequently became the Utah Department of Environmental
Quality. Wastes accepted under the permit include household waste, ash
from Resource Conservation and Recovery Act facilities, mining wastes,
and petroleum-contaminated media. As with the White Mesa site,
permitting and/or licensing issues would have to be resolved before the
material from the Moab Project Site could be disposed of at ECDC.
Off-Site Transportation Modes
Under the off-site disposal alternatives, three transportation
modes will be evaluated: truck, rail, and slurry pipeline for some or
all of the off-site disposal locations.
Truck Transport. Truck tractors hauling two bottom-dump trailers
would likely be used. The trucks would use U.S. Highway 191 as the main
route to the disposal site alternatives, with some usage of Interstate
70 to reach the ECDC site and perhaps the Crescent Junction site.
Construction of highway entrance and exit facilities could be required
to safely accommodate the high volume of traffic currently using this
highway. Highway 191 is a main thoroughfare for commercial vehicles
between Interstate 70 and the southwestern United States and receives
seasonal tourist traffic. The State of Utah is currently in the design
phase of widening the highway to four lanes from Moab north to State
Highway 313. Construction for the first phase closest to Moab is
tentatively scheduled for the spring of 2003.
Rail Transport. An existing rail line runs from the Moab Project
Site north along U. S. Highway 191 and connects with the main east-west
line near Interstate 70. The Klondike Flats, Crescent Junction, and
ECDC disposal sites could be accessed from this rail line; however, the
White Mesa Mill site could not, as there is no rail line extending
south from the Moab Project Site. At the Moab Project Site, a railroad
spur for loading rail cars would be constructed parallel with the main
rail line. A covered conveyor system would be constructed from the
tailings pile north across State Highway 279 to a train loading station
that would be constructed on the rail siding. The extent of additional
rail spur and haul roads needed would vary among the disposal sites.
[[Page 77972]]
Slurry Pipeline. This option would require the construction of a
pipeline from the Moab Project Site to a disposal site. The tailings
would be mixed with water at the Moab Project Site into a liquid
(slurry) state, and pumped to drying beds at the disposal facility,
where the slurry mixture would be dewatered prior to placement in the
disposal cell. Reclaimed water would be returned through a second
pipeline to the slurry mixing area of the Moab Project Site for reuse.
Ground Water Actions
Identification of the range of reasonable ground water remediation
strategies that would achieve compliance with EPA ground water
protection standards at the Moab Project Site for both on-site and off-
site disposal alternatives will follow the framework defined in the
Final Programmatic Environmental Impact Statement (PEIS) for the
Uranium Mill Tailings Remedial Action Ground Water Project (DOE/EIS-
0198), issued in October 1996, and a Record of Decision, issued April
28, 1997 (62 FR 22913-22916). The PEIS framework takes into
consideration human health and environmental risk, stakeholder input,
and cost. In applying the ground water remediation framework, DOE
assesses ground water compliance in a step-by-step approach, beginning
with consideration of a no-remediation strategy and proceeding, if
necessary, to consideration of passive strategies, such as natural
flushing with compliance monitoring and institutional controls, and
finally to consideration of more complex, active ground water
remediation methods, or a combination of strategies, if needed. This
process has been used to support ground water remediation
decisionmaking at 21 other UMTRCA Title 1 uranium mill tailings sites.
For the Moab Project Site, the process defined by the PEIS has
begun, but is not yet complete. Therefore, the specific ground water
remediation strategies to be assessed in this EIS have not yet been
identified. Based on currently available characterization information,
it appears likely that the remediation strategies may be specific to
individual contaminants. For example, some contaminants may require no
remediation to meet EPA's standards, and other contaminants may require
natural flushing and/or active ground water remediation to meet the
standards. DOE will continue to evaluate ground water characterization
information for the on-site, off-site and no action alternatives, and
apply the PEIS framework to identify the range of reasonable ground
water strategies that will be included in the DEIS.
Floodplain and Wetlands Notice
The Moab Project Site is located within the 100- and 500-year
floodplain designations of the Colorado River. A small section in the
southeast section of the existing tailings pile falls within the 100-
year floodplain.
U.S. Geological Survey data indicates that a 500-year flood would
result in a water level 8 feet above the base of the existing tailings
pile. The NAS identified severe flooding and changes in the river's
path as an issue for the on-site disposal alternative.
Wetlands may be identified along the Colorado River, within
riparian habitat, along the eastern boundary of the existing Site.
Floodplain and wetland designations at alternative sites have not been
completed, but will be evaluated in the EIS.
Executive Orders 11988 and 11990 mandate evaluation of Federal
actions in floodplains and wetlands. The orders further require Federal
agencies to issue regulations that include providing the public an
opportunity to review proposals or plans for actions in floodplains or
wetlands. DOE's floodplain and wetlands regulations are codified at 10
CFR part 1022. In compliance with requirements of the Executive Orders
and regulations, this notice serves as notification for the public to
provide comment on the proposed action and its potential to impact
floodplains or wetlands. A separate notice will not be published in the
Federal Register. Assessment of potential impacts to floodplain and
wetlands will be included in the draft EIS, and a floodplain statement
of findings will be included in the final EIS.
Identification of Environmental Issues
A primary purpose of this notice is to solicit comments and
suggestions for consideration in the preparation of the EIS. As
background for public comment, this notice contains a list of potential
environmental issues that DOE has tentatively identified for analysis.
This list is not intended to be all-inclusive or to imply any
predetermination of impacts. Following is a preliminary list of issues
that may be analyzed in the EIS:
[sbull] Ground water contamination mitigation and prevention;
[sbull] Impacts to human health and safety;
[sbull] Impacts to protected, threatened, endangered, or sensitive
species of animals or plants, or their critical habitats;
[sbull] Impacts to floodplains and wetlands;
[sbull] Impacts to cultural or historic resources;
[sbull] Socioeconomic impacts;
[sbull] Impacts on air, soil, and water;
[sbull] Noise impacts;
[sbull] Visual impacts;
[sbull] Disproportionately high and adverse impacts to minority and
low income populations;
[sbull] Long-term surveillance and maintenance of the site;
[sbull] Future land uses;
[sbull] Impacts from natural disasters such as climate change,
flooding, or seismic events;
[sbull] Impacts to traffic and transportation systems;
[sbull] Cumulative impacts.
Cooperating Agencies
DOE is committed to working cooperatively with Federal, State,
Tribal, and local governmental agencies and organizations to foster a
collaborative approach to making decisions that affect local
communities. In accordance with the Council on Environmental Quality's
provisions for cooperating agencies (40 CFR 1501.6) and recent
guidance, DOE has invited six Federal and five state agencies, and four
Indian Tribes with jurisdiction or expertise to participate as
cooperating agencies in preparing this EIS. The White Mesa Ute Tribe
has agreed to participate as a cooperating agency. Any additional
Federal or State agencies, tribes, or units of local government that
desire to be designated as a cooperating agency should contact Mr.
Berwick at the address listed above by February 14, 2003.
Scoping Process
The public scoping process is an opportunity for the public to
assist DOE in determining the alternatives and issues for analysis. The
scoping meetings will use a format to facilitate dialogue between DOE
and the public and will be an opportunity for individuals to provide
written or oral statements. DOE welcomes specific comments or
suggestions on the content of these alternatives or on other
alternatives that could be considered. The above list of issues to be
considered in the EIS analysis is tentative and is intended to
facilitate public comment on the scope of this EIS. Again, it is not
intended to be all-inclusive, nor does it imply any predetermination of
potential impacts. The EIS will analyze the potential environmental
impacts of the alternatives, by using available data where possible,
and by obtaining additional data where necessary. Copies
[[Page 77973]]
of written comments and transcripts of oral comments will be available
at the following locations: Grand County Library, 25 South 100 East,
Moab, UT 84532 (Phone: (435) 259-5421) and DOE Grand Junction Office,
Technical Library, 2597 B \3/4\ Road, Grand Junction, CO 81503 (Phone:
(970) 248-6089):
Draft EIS Schedule and Availability
The DEIS is scheduled to be issued in January 2004, at which time
its availability will be announced in the Federal Register and local
media, and public comments will again be solicited. People who do not
wish to submit comments or suggestions at this time, but who would like
to receive a copy of the DEIS for review and comment when it is issued,
should notify Mr. Berwick at the address, phone numbers, or e-mail
address listed above. The DEIS will also be made available in the
reading rooms listed above, on the project Web page at http://www.gjo.doe.gov/moab/moab.html, and on the DOE NEPA Web site at http://tis.eh.doe.gov/nepa/.
Issued in Washington, DC this 16th day of December, 2002.
Beverly A. Cook,
Assistant Secretary, Environment, Safety and Health.
[FR Doc. 02-32126 Filed 12-19-02; 8:45 am]
BILLING CODE 6450-01-P