[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)] [Notices] [Pages 23282-23284] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-10974] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 40-8905] Quivira Mining Company; Final Finding of No Significant Impact; Notice of Opportunity for Hearing AGENCY: Nuclear Regulatory Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) proposes to amend NRC Source Material License SUA-1473 to authorize the licensee, Quivira Mining Company (QMC), to accept 11e.(2) material for disposal at its Ambrosia Lake uranium mill and tailings site, located near Grants, New Mexico. An Environmental Assessment was performed by the NRC staff 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: Mr. Kenneth R. Hooks, Uranium Recovery Branch, Mail Stop TWFN 7-J9, Division [[Page 23283]] of Waste Management, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Telephone 301/415-7777. SUPPLEMENTARY INFORMATION: Background Source Material License SUA-1473 was originally issued by NRC on September 2, 1986, pursuant to Title 10, Code of Federal Regulations (10 CFR), Part 40, Domestic Licensing of Source Material. This license currently authorizes QMC to (1) receive, acquire, possess, and transfer uranium at the Ambrosia Lake facility, (2) possess byproduct material in the form of uranium waste tailings and other uranium byproduct waste generated by operations at the mill, and (3) accept, for disposal, limited amounts of byproduct material from in situ leach (ISL) uranium mining facilities. The mill was operated on a continual basis from May 1958 until January 1985, when the mill was placed on standby. Identification of the Proposed Action On November 20, 1995, Quivira Mining Company (Quivira) requested a license amendment for the Ambrosia Lake facility to annually receive and dispose of up to 10,000 yd \3\ (about 14,000 tons at a nominal 1.4 tons per yd \3\) per generator of 11e.(2) byproduct material in tailings impoundment #2, with an annual total limit of 100,000 yd \3\ from all generators. NRC staff would require by license condition that all generators, including in situ facilities, be limited to the 10,000 yd \3\ per generator, and that the total annual limit of 100,000 yd \3\ be inclusive of all material received from generators, including in situ facilities. Summary of the Environmental Assessment The NRC staff performed an appraisal of the environmental impacts associated with the requested disposal of 11e.(2) material at the Ambrosia Lake site, in accordance with 10 CFR Part 51, Licensing and Regulatory Policy Procedures for Environmental Protection. In conducting its appraisal, the NRC staff considered the following: (1) information contained in the approved Reclamation Plan for the Ambrosia Lake site; (2) information contained in QMC's amendment request; and (3) information derived from NRC staff site visits and inspections of the Ambrosia Lake mill site and from communications with QMC. The results of the staff's appraisal are documented in an Environmental Assessment. The safety aspects for the continued operation of the mill are discussed in a Technical Evaluation Report. In the approved 1986 reclamation plan, the Ambrosia Lake facility's tailings capacity was based on an assumption of 18 more years of production at 7,000 tons of tailings per day which would yield an additional 43 million tons of tailings material. When added to the 31 million tons already in the disposal impoundments, the total quantity the design accounted for was 74 million tons. Ambrosia Lake halted operations far earlier than the planned 18 year run and currently has 33 million tons of tailings in impoundments #1 and #2. Therefore, the excess capacity under the 1986 reclamation plan is 41 million tons. Conclusions NRC believes this request will not result in significant environmental impacts because the impacts will be a small fraction of those that could result due to currently approved activities for the following reasons: (1) The total annual volume is a small fraction of the total volume allowed to be produced under the current license. (2) Groundwater impacts are minimized because the received material will be free of standing liquids and the disposal cells will have a 3- foot thick minimum clay liner. (3) Air releases will be minimized because most of the material received will be packaged in drums or crates. (4) Exposure to workers is expected to be similar or lower than exposures to personnel working with 11e.(2) byproduct material under currently licensed operations. (5) Standard operating procedures are in place for all operational process activities involving radioactive materials that are handled, processed, or stored; (6) The licensee will continue an acceptable groundwater detection monitoring program to ensure compliance with the requirements of 10 CFR Part 40, Appendix A; (7) The licensee will conduct site decommissioning and reclamation activities in accordance with NRC-approved plans; and (8) Because the staff has determined that there will be no significant impacts associated with approval of the license renewal, there can be no disproportionately high and adverse effects or impacts on minority and low-income populations. Consequently, further evaluation of `Environmental Justice' concerns, as outlined in Executive Order 12898 and 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 The licensee's proposed action is to amend Source Material License SUA-1473, to allow disposal of 11e.(2) material at the Ambrosia Lake site, as requested by QMC. Therefore, the principal alternatives available to NRC are to: (1) Approve the license amendment with such conditions as are considered necessary or appropriate to protect public health and safety and the environment; or (2) Deny the amendment to the license. Based on its review, the NRC staff has concluded that there are no significant environmental impacts associated with the proposed action; therefore, any alternatives with equal or greater environmental impacts need not be evaluated. Since the environmental impacts of the proposed action and the no-action alternative (i.e., denial of the renewal) are similar, there is no need to further evaluate alternatives to the proposed action. Finding of no Significant Impact The NRC staff has prepared an Environmental Assessment for the proposed amendment to NRC Source Material License SUA-1473. 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 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 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 this Federal Register notice. The request for a hearing must be filed with the Office of the Secretary either: [[Page 23284]] (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. Each request for a hearing must also be served, by delivering it personally or by mail to: (1) The applicant, Quivira Mining Company, 6305 Waterford Boulevard, Suite 325, Oklahoma City, OK 73118; (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 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). Any hearing that is requested and granted will be held in accordance with the Commission's Informal Hearing Procedures for Adjudications in Materials Licensing Proceedings in 10 CFR Part 2, Subpart L. Dated at Rockville, Maryland, this 22nd day of April 1997. For the Nuclear Regulatory Commission. Charles L. Cain, Acting Chief, Uranium Recovery Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 97-10974 Filed 4-28-97; 8:45 am] BILLING CODE 7590-01-P