[Federal Register: May 21, 1999 (Volume 64, Number 98)] [Notices] [Page 27828-27829] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21my99-120] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Number 40-8102] Exxon Corp., Highlands, WY AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Final finding of no significant impact. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) proposes to amend Exxon Corporation's (Exxon's) Source Material License SUA-1139, to allow alternate concentration limits (ACLs) for groundwater hazardous constituents at the Highland uranium mill site in Converse County, Wyoming. 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 this licensing action. SUPPLEMENTARY INFORMATION: Background By letter of December 18, 1998, Exxon requested that Source Material License SUA-1139 be amended to allow ACLs for groundwater constituents, nickel, radium-226 & 228 combined, and natural uranium, at Exxon's Highland uranium mill site. Exxon's application for ACLs proposed discontinuing the site groundwater corrective action program (CAP) in order to complete placement of the final radon barrier over the tailings and complete reclamation of the site. In order to terminate the 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 the NRC. The receipt of Exxon's request by NRC and a Notice of Opportunity for a Hearing were published in the Federal Register on January 13, 1999. [[Page 27829]] Summary of the Environmental Assessment Identification of the Proposed Action The proposed action is an amendment to SUA-1139 to allow the application of ACLs for groundwater hazardous constituents, nickel, radium-226 & 228 combined, and uranium at the Exxon Highland facility, as provided in 10 CFR part 40, appendix A, Criterion 5B(5). The 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 Exxon's amendment request, the NRC staff has concluded that granting Exxon the request for ACLs will not result in significant impacts. The staff decision was based on information provided by Exxon, 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 is reasonably achievable (ALARA). A review of alternatives to the requested action indicates that implementation of alternate methods would result in little net reduction of groundwater constituent concentrations. Conclusion The NRC staff concludes that approval of Exxon's amendment request to allow ACLs for groundwater hazardous constituents will not cause significant health or environmental impacts. The following statements summarize the conclusions resulting from the EA: 1. Currently, all concentrations of hazardous constituents of concern to NRC meet the proposed groundwater ACLs for the site at the POC wells. 2. Present and potential health risks were assessed for various exposure scenarios, using conservative approaches. The result of these assessments indicates that present and potential future hazardous constituent concentrations at the specified POEs will not pose significant risks to human health and the environment. The POEs are located within or at the long-term care area boundary which will be maintained for long-term care by the U.S. Department of Energy following termination of the Exxon license. 3. Climatological extremes and sparse vegetation indicate that future use of groundwater is likely to be limited to seasonal livestock (e.g., cattle) and wildlife (e.g., pronghorn antelope) watering. Domestic use of groundwater from the tailings dam sandstone at the site is highly unlikely because of the low volume of water available in the unit, and the remote location of the site. 4. Additional corrective action will have little effect on the net reduction of constituent concentrations of concern to the NRC and, therefore, will have little impact on groundwater 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 the 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 The NRC staff has prepared an EA for this action. On the basis of this assessment, the 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 the NRC's Public Document Room at 2120 L Street, NW (Lower Level). FOR FURTHER INFORMATION CONTACT: Mohammad W. Haque, Uranium Recovery and Low-Level Waste Branch, Division of Waste Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone (301) 415-6640. Dated at Rockville, Maryland, this 14th day of May, 1999. For the Nuclear Regulatory Commission. N. King Stablein, Acting Chief, Uranium Recovery and Low-Level Waste Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 99-12901 Filed 5-20-99; 8:45 am] BILLING CODE 7590-01-P