Proposal To Revoke Designations of Inactive Uranium Mill Tailings Sites in North Dakota Previously Designated Under the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978

DEPARTMENT OF ENERGY

Proposal To Revoke Designations of Inactive Uranium Mill Tailings

Sites in North Dakota Previously Designated Under the Uranium Mill

Tailings Radiation Control Act (UMTRCA) of 1978

AGENCY: Office of Environmental Management, Department of Energy.

ACTION: Notice of proposal to revoke designations of inactive uranium

mill tailings sites in North Dakota previously designated under the

provisions of the Uranium Mill Tailings Radiation Control Act of 1978.

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SUMMARY: In 1979, the Secretary of Energy designated inactive uranium

milling sites, including two sites at Belfield and Bowman, North

Dakota, for cleanup under the Uranium Mill Tailings Radiation Control

Act of 1978. In 1995, the State of North Dakota requested that the

designations of the Belfield and Bowman sites be revoked citing its

belief that there will be minimal risk to the public and the

environment if the sites are not cleaned up and the State's inability

to pay its 10 percent share of the cleanup costs required by UMTRCA.

The Department of Energy is proposing to revoke the designations of

these sites because of the low risks to the public and the environment

at the sites, DOE's lack of

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authority to clean up the two sites without costsharing by the State,

and the existence of alternative authority to regulate the sites

following revocation of the designations. Following revocation, these

two sites will no longer be eligible for cleanup under the provisions

of UMTRCA.

DATES: Public comments will be accepted on this proposed action.

Comments should be submitted by April 16, 1998. If the Department does

not receive any comments on this proposed action that would cause it to

reconsider its proposal, the revocations shall be effective on May 18,

1998; and the Belfield and Bowman, North Dakota, processing sites and

associated vicinity properties will no longer be eligible for remedial

action by the Department of Energy under the provisions of UMTRCA.

ADDRESSES: Comments should be sent to: Loretta B. Fahy, Office of

Environmental Restoration, EM-45, U.S. Department of Energy, 19901

Germantown Road, Germantown, Maryland 20874.

FOR FURTHER INFORMATION CONTACT: Loretta B. Fahy, Office of

Environmental Restoration, (301) 903-3895.

SUPPLEMENTARY INFORMATION: The purpose of the Uranium Mill Tailings

Radiation Control Act of 1978 is to provide, in cooperation with

interested States, Indian tribes, and persons who own or control

inactive uranium milling sites, a program of assessment and remedial

action at certain designated sites to stabilize and control the

tailings in a safe and environmentally sound manner and to minimize or

eliminate radiation health hazards. Section 102(a)(1) of UMTRCA, 42

U.S.C. 7912(a)(1), required DOE to designate twenty-two sites specified

in the Act and gave the Secretary discretionary authority to designate

other sites. The Belfield and Bowman sites were designated under this

discretionary authority of the Secretary (44 FR 74982, December 18,

1979).

Under the provisions of section 107(a) of UMTRCA, 42 U.S.C.

7917(a), the Secretary is authorized to pay only 90 percent of the cost

of remedial action at designated sites not on Indian lands, and the

State is required to provide the remaining 10 percent. If the State

does not provide its share of the remedial action costs, the Secretary

lacks the necessary authority to perform remedial action at the sites

in that State.

The State of North Dakota, by letter dated March 14, 1995,

requested that the Department of Energy take whatever action is

necessary to revoke the designations of the Belfield and Bowman sites

under UMTRCA and terminate the Cooperative Agreement between the State

and the Department. The State's request expressed the view that there

would be minimal risk to the public and environment if the sites were

not cleaned up and noted that the North Dakota legislature was not

likely to appropriate funds for the State's 10 percent share of the

cleanup costs.

Under section 102(a)(1) of UMTRCA, 42 U.S.C. 7912(a)(1), the

Department has the implicit authority to revoke the designations of the

two sites. There are three reasons why the Department is taking this

action. First, the risk to the public and environment is low, and the

public will be protected through State regulation of the radioactive

material at the sites. In arriving at this conclusion, the Department

prepared an Environmental Assessment and has issued a Finding of No

Significant Impact for this proposed action. Second, since the State of

North Dakota has declined to appropriate the State's cost share, the

Department lacks the authority under UMTRCA to conduct the cleanup.

Third, neither the Nuclear Regulatory Commission nor the

Environmental Protection Agency has expressed any objection to the

Department's proposed action. The Nuclear Regulatory Commission staff

has advised the State and the Department that the State of North Dakota

can regulate the sites under separate existing State authority. The

Environmental Protection Agency has advised the Department that it will

not object to the Department's action, provided that the State assumes

regulatory responsibility for the sites. The State has notified the

Department of its willingness to assume this responsibility.

Issued in Washington, D.C. on this 10th of March, 1998.

James J. Fiore,

Acting Deputy Assistant Secretary for Environmental Management.

[FR Doc. 98-6865 Filed 3-16-98; 8:45 am]

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