Notice of Availability of Environmental Assessment and Finding of No Significant Impact Concerning the ExxonMobil Refining and Supply Company License Amendment Request for Alternate Groundwater Protection Standards at the Highland Reclamation Project, 42137-42139 [E6-11833]
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Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Notices
Commission, Washington, DC 20555–
0001, and it is requested that copies be
transmitted either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy
of the request for hearing and petition
for leave to intervene should also be
sent to John O’Neill, Esq., Pillsbury
Winthrop Shaw Pittman LLP, 2300 N
Street, NW., Washington, DC 20037,
attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated July 19, 2006, which
is available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site https://www.nrc.gov/
reading-rm.html. Persons who do not
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS should
contact the NRC PDR Reference staff by
telephone at 1–800–397–4209, or 301–
415–4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 19th day
of July 2006.
For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Plant Licensing
Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–11832 Filed 7–24–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–8102]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact Concerning the
ExxonMobil Refining and Supply
Company License Amendment
Request for Alternate Groundwater
Protection Standards at the Highland
Reclamation Project
Nuclear Regulatory
Commission.
ACTION: Notice of availability of
Environmental Assessment and Finding
of No Significant Impact.
sroberts on PROD1PC70 with NOTICES
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Myron Fliegel, Senior Project Manager,
Fuel Cycle Facilities Branch, Division of
Fuel Cycle Safety and Safeguards, Office
of Nuclear Material Safety and
VerDate Aug<31>2005
18:02 Jul 24, 2006
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Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555.
Telephone: (301) 415–6629; fax number:
(301) 415–5955; e-mail: mhf1@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to
Source Materials License SUA–1139
issued to ExxonMobil Corporation
(ExxonMobil, the licensee), to establish
alternate groundwater protection
standards for chromium, uranium,
selenium, and nickel at the Highland
Reclamation Project (Highland), located
in Converse County, Wyoming.
Pursuant to the requirements of 10 CFR
part 51 (Environmental Protection
Regulations for Domestic Licensing and
Related Regulatory Functions), the NRC
has prepared an Environmental
Assessment (EA) to evaluate the
environmental impacts associated with
ExxonMobil’s proposed modifications to
the groundwater protection standards
for the Highland site. Based on this
evaluation, the NRC has concluded that
a Finding of No Significant Impact
(FONSI) is appropriate for the proposed
licensing action. The license
amendment will be issued following the
publication of this Notice.
II. Environmental Assessment
Introduction
By letter dated January 16, 2006,
ExxonMobil submitted an application to
the NRC, requesting an amendment to
Source Materials License SUA–1139 for
the Highland Reclamation Project to
modify the groundwater protection
standards for chromium, uranium,
selenium, and nickel at the designated
point of compliance (POC) wells in the
license. In this regard, the NRC’s
groundwater protection standards in 10
CFR part 40, Appendix A, Criterion
5B(5) specify the following:
5B(5)—At the point of compliance,
the concentration of a hazardous
constituent must not exceed:
(a) The Commission approved
background concentration of that
constituent in the groundwater;
(b) The respective value given in the
table in paragraph 5C if the constituent
is listed in the table and if the
background level of the constituent is
below the value listed; or
(c) An alternate concentration limit
established by the Commission.
Further, groundwater monitoring to
comply with the standards established
in accordance with the above
specifications is required by Criterion
7A.
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42137
Consistent with the requirements of
Criterion 7A, License Condition (LC) 33
of ExxonMobil’s Source Materials
License SUA–1139 specifies that a
groundwater monitoring program must
be conducted at the Highland site and
ExxonMobil must comply with the
established groundwater protection
standards at the designated POC wells
for the constituents of interest,
including chromium, uranium,
selenium, and nickel. For chromium
and selenium, the groundwater
protection standards for the Highland
site were set at the Maximum
Contaminant Levels (MCLs) for those
constituents in the table in paragraph 5C
of 10 CFR part 40, Appendix A. The
MCLs for the constituents listed in the
table in paragraph 5C were derived from
the MCLs established for those
constituents in the U.S. Environmental
Protection Agency (EPA) National
Primary Drinking Water Regulations
(NPDWRs). For uranium and nickel, the
groundwater protection standards were
based on the NRC approved background
concentrations for those constituents in
the groundwater. However, in the years
subsequent to the establishment of the
groundwater protection standards in
ExxonMobil’s license, the MCLs for
chromium and selenium in the EPA’s
NPDWRs have been modified and a new
MCL for uranium has been promulgated.
The former MCL for nickel in the
NPDWRs (0.1 parts per million) was
remanded in 1995, and there is now no
EPA legal limit on the amount of nickel
in drinking water.
In light of the aforementioned changes
to the EPA’s NPDWRs, ExxonMobil has
requested that Source Materials License
SUA–1139 be amended to reflect the
current MCLs for chromium, selenium,
and uranium in the NPDWRs. In this
regard, the staff notes that the table in
paragraph 5C of 10 CFR part 40,
Appendix A, has not yet been revised to
reflect the current NPDWRs for
chromium, selenium, and uranium.
Additionally, even though the MCL for
nickel has been remanded and nickel is
no longer listed as a regulated
contaminant in the NPDWRs,
ExxonMobil has requested that its
license be modified to incorporate the
former MCL for nickel as the
groundwater protection standard. In this
regard, the NRC notes that the EPA
believed that the 0.1 parts per million
level for nickel would not cause any
potential health problems. In
accordance with the requirements of 10
CFR part 40, Appendix A, Criterion
5B(5)(c), the requested modifications to
ExxonMobil’s license would establish
alternate concentration limits for
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42138
Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Notices
chromium, uranium, selenium, and
nickel for implementation of a
groundwater corrective action program
in the event a concentration limit is
exceeded for any of those constituents at
the designated POC wells.
Correspondingly, the requested license
modifications have the potential for
impacting the quality of the
groundwater offsite. The NRC staff has
evaluated ExxonMobil’s request and has
developed this EA to support the
detailed technical review of
ExxonMobil’s proposed modifications to
the groundwater protection standards
for the Highland site, in accordance
with the requirements of 10 CFR part
51.
sroberts on PROD1PC70 with NOTICES
The Proposed Action
The proposed action is to amend NRC
Source Materials License SUA–1139 to
reflect the current groundwater
protection standards for chromium,
uranium, and selenium in the EPA
NPDWRs and incorporate the former
groundwater protection standard for
nickel, even though it is no longer a
regulated constituent. ExxonMobil’s
objective in this proposal is to establish
groundwater protection standards for
the Highland site that are appropriate
and consistent with the current
standards for chromium, uranium, and
selenium in the EPA NPDWRs and
conservative with respect to the
retention of a groundwater protection
standard for nickel. Specifically,
ExxonMobil has proposed the following
modifications to the groundwater
protection standards in LC 33 of the
Highland license: Chromium would
change from 0.05 milligrams per liter
(mg/L) to 0.10 mg/L (the current MCL);
uranium would change from the former
radiotoxicity value of 0.43 picocuries
per liter (pCi/L) (0.00065 mg/L) to the
new chemical toxicity MCL of 0.03 mg/
L (20 pCi/L); and selenium would
change from 0.01 mg/L to 0.05 mg/L (the
current MCL). The standard for nickel
would change from the 0.02 mg/L
background concentration in the
groundwater to 0.1 mg/L (the equivalent
of the EPA’s former MCL of 0.1 parts per
million).
The Need for the Proposed Action
The purpose of the proposed action is
to establish groundwater protection
standards for the Highland site which
are consistent with the present or former
EPA NPDWRs and correspondingly
reflective of the understanding of the
health and environmental impacts of
specific contaminants in drinking water.
With this EA, the NRC is fulfilling its
responsibilities under the Atomic
Energy Act to make a decision on a
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18:02 Jul 24, 2006
Jkt 208001
proposed license amendment for
groundwater protection standards that
ensures protection of public health and
safety and the environment.
The Environmental Impacts of the
Proposed Action
The staff has evaluated the potential
impacts associated with ExxonMobil’s
proposed modifications to the
groundwater protection standards for
chromium, uranium, selenium, and
nickel at the Highland site and
determined that those effects are limited
to the potential public health and safety
impacts related to possible degradation
of offsite groundwater quality and water
utilization. In this case, the bounding or
controlling environmental impact is
related to the potential use of that
groundwater for drinking water
purposes. However, as noted in
ExxonMobil’s amendment request,
ExxonMobil has proposed to establish
onsite groundwater protection standards
for chromium, uranium, and selenium
at the designated POC wells that are
reflective of the current EPA NPDWRs
for those contaminants. Additionally,
even though the drinking water
standard for nickel was remanded more
than a decade ago, ExxonMobil has
proposed a conservative health based
standard for nickel that is consistent
with the former MCL (0.1 mg/L) for that
constituent. Conceptually, the EPA has
determined that the drinking water
limits in the NPDWRs pose acceptable
hazards. The NPDWRs effectively
protect the public health and safety and
the environment by limiting the
concentrations of contaminants in
drinking water. The NRC finds that
ExxonMobil has proposed onsite
groundwater protection standards for
chromium, uranium, selenium, and
nickel that are adequately protective of
public health and safety and the
environment. Groundwater protection
standards that are consistent with EPA’s
NPDWRs also satisfy the intent of 10
CFR part 40, Appendix A, Criterion
5B(5)(b), recognizing the outdated table
in paragraph 5(C). Further, in the event
that any of the proposed groundwater
protection standards for chromium,
uranium, selenium, and nickel are
exceeded, ExxonMobil’s license
specifies that a corrective action
program must be proposed with the
objective of returning the concentrations
of those constituents to the values
mandated in the license. These
requirements will minimize the
potential for any adverse impacts and
further ensure the protection of public
health and safety and the environment.
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Alternatives to the Proposed Action
As the only reasonable alternative to
the proposed action, the staff has
considered denial of ExxonMobil’s
request (i.e., the no action alternative).
Denial of ExxonMobil’s request would
result in no change in environmental
impacts. The environmental impacts of
the proposed action and the alternative
action are similar, though, since both
would be protective of offsite sources of
drinking water. However, the no action
alternative would leave the groundwater
protection standards in ExxonMobil’s
license unnecessarily restrictive and
out-of-date with respect to the current
EPA NPDWRs and the present
understanding of the potential health
effects of certain contaminants in
drinking water.
Agencies and Persons Consulted
This EA was prepared by NRC staff
(Myron Fliegel, Senior Project Manager)
and coordinated with the following
agency:Wyoming Department of
Environmental Quality (WDEQ). NRC
staff provided a draft of its EA to WDEQ
for review. In electronic correspondence
dated June 13, 2006, the WDEQ
indicated that it did not have any
comments on the draft EA.
The NRC staff has determined that the
proposed action will not affect listed
species or critical habitat. Therefore, no
further consultation is required under
Section 7 of the Endangered Species
Act. Likewise, the NRC staff has
determined that the proposed action is
not the type of activity that has potential
to cause effects on historic properties.
Therefore, no further consultation is
required under Section 106 of the
National Historic Preservation Act.
Conclusion
The NRC staff has prepared this EA in
support of the proposed license
amendment to modify the groundwater
protection standards for the Highland
site. Based upon the analysis contained
in this EA, the staff concludes that
proposed action will not have a
significant effect on public health and
safety and the environment.
III. Finding of No Significant Impact
On the basis of this EA, NRC has
concluded that there are no significant
environmental impacts from the
proposed license amendment and has
determined that the proposed action
does not warrant the preparation of an
environmental impact statement.
Accordingly, it has been determined
that a Finding of No Significant Impact
is appropriate.
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Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Notices
IV. Further Information
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this notice are as follows:
1. ExxonMobil Refining and Supply.
Letter dated January 16, 2006, from D.
Burnham, ExxonMobil, to G. Janosko,
NRC, requesting amendment to License
Condition 33 of Source Materials
License SUA–1139 for the Highland
Reclamation Project. (ML060260421)
2. E-mail correspondence dated
February 7, 2006, from M. Fliegel, NRC,
to D. Burnham, ExxonMobil,
acknowledging receipt of the
ExxonMobil January 16, 2006, license
amendment request. (ML060400048)
3. E-mail correspondence dated June
13, 2006, from M. Thiesse, WDEQ, to M.
Fliegel, NRC, indicating that WDEQ had
no comments on the draft EA.
(ML061670212)
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC’s Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Rockville, Maryland, this 18th day
of July, 2006.
For the Nuclear Regulatory Commission.
Myron Fliegel,
Senior Project Manager, Fuel Cycle Facilities
Branch, Division of Fuel Cycle Safety and
Safeguards, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. E6–11833 Filed 7–24–06; 8:45 am]
BILLING CODE 7590–01–P
sroberts on PROD1PC70 with NOTICES
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon written request, copies available
from: Securities and Exchange
Commission, Office of Filings and
Information Services, Washington, DC
20549.
VerDate Aug<31>2005
18:02 Jul 24, 2006
Jkt 208001
Extension: Rule 15c3–4; SEC File No. 270–
441; OMB Control No. 3235–0497.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Rule 15c3–4 (17 CFR 240.15c3–4) (the
‘‘Rule’’) under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.) (the
‘‘Exchange Act’’) requires certain
broker-dealers that are registered with
the Commission as OTC Derivatives
Dealers to establish, document, and
maintain a system of internal risk
management controls. The Rule sets
forth the basic elements for an OTC
Derivatives Dealer to consider and
include when establishing,
documenting, and reviewing its internal
risk management control system, which
are designed to, among other things,
ensure the integrity of an OTC
Derivatives Dealer’s risk measurement,
monitoring, and management process, to
clarify accountability at the appropriate
organizational level, and to define the
permitted scope of the dealer’s activities
and level of risk. The Rule also requires
that management of an OTC Derivatives
Dealer must periodically review, in
accordance with written procedures, the
OTC Derivatives Dealer’s business
activities for consistency with its risk
management guidelines.
The staff estimates that the average
amount of time an OTC Derivatives
Dealer will spend implementing its risk
management control system is 2,000
hours and that, on average, an OTC
Derivatives Dealer will spend
approximately 200 hours each year
reviewing and updating its risk
management control system. Currently,
five firms are registered with the
Commission as an OTC Derivatives
Dealer. The staff estimates that
approximately one additional OTC
Derivatives Dealer may become
registered within the next three years.
Accordingly, the staff estimates the total
cost burden for six OTC Derivatives
Dealers to be 1,200 hours annually.
The staff believes that the cost of
complying with Rule 15c3–4 will be
approximately $205 per hour.1 This per
1 Based on the average annual salary for a
Compliance Manager based inside New York City
of about $69,000, as reflected in SIA Management
and Professional Earnings for 2005, modified to
account for a 1,800-hour work-year and multiplied
by 5.35 to account for bonuses, firm size, employee
benefits and overhead.
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42139
hour cost is based upon the annual
average hourly salary for a compliance
manager, who would generally be
responsible for initially establishing,
documenting, and maintaining an OTC
Derivatives Dealer’s internal risk
management control system. The total
annual cost for all affected OTC
Derivatives Dealers is estimated to be
$136,700, based on one firm spending
2,000 hours to implement an internal
risk management control system at $205
per hour within the next three years.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to R. Corey Booth, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way,
Alexandria, Virginia 22312 or send an email to: PRA_Mailbox@sec.gov.
Comments must be submitted to OMB
within 60 days of this notice.
Dated: July 17, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. E6–11789 Filed 7–24–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collections; Comment
Request
Upon written request, copies available
from: Securities and Exchange
Commission, Office of Filings and
Information Services, Washington, DC
20549.
Extensions:
Form T–6; OMB Control No. 3235–0391;
SEC File No. 270–344.
Form 11–K; OMB Control No. 3235–0082;
SEC File No. 270–101.
Form 144; OMB Control No. 3235–0101;
SEC File No. 270–112.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
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]]>Agencies
[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42137-42139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11833]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8102]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact Concerning the ExxonMobil Refining and Supply
Company License Amendment Request for Alternate Groundwater Protection
Standards at the Highland Reclamation Project
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of availability of Environmental Assessment and Finding
of No Significant Impact.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Myron Fliegel, Senior Project Manager,
Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301)
415-6629; fax number: (301) 415-5955; e-mail: mhf1@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of a license amendment to Source Materials License SUA-1139
issued to ExxonMobil Corporation (ExxonMobil, the licensee), to
establish alternate groundwater protection standards for chromium,
uranium, selenium, and nickel at the Highland Reclamation Project
(Highland), located in Converse County, Wyoming. Pursuant to the
requirements of 10 CFR part 51 (Environmental Protection Regulations
for Domestic Licensing and Related Regulatory Functions), the NRC has
prepared an Environmental Assessment (EA) to evaluate the environmental
impacts associated with ExxonMobil's proposed modifications to the
groundwater protection standards for the Highland site. Based on this
evaluation, the NRC has concluded that a Finding of No Significant
Impact (FONSI) is appropriate for the proposed licensing action. The
license amendment will be issued following the publication of this
Notice.
II. Environmental Assessment
Introduction
By letter dated January 16, 2006, ExxonMobil submitted an
application to the NRC, requesting an amendment to Source Materials
License SUA-1139 for the Highland Reclamation Project to modify the
groundwater protection standards for chromium, uranium, selenium, and
nickel at the designated point of compliance (POC) wells in the
license. In this regard, the NRC's groundwater protection standards in
10 CFR part 40, Appendix A, Criterion 5B(5) specify the following:
5B(5)--At the point of compliance, the concentration of a hazardous
constituent must not exceed:
(a) The Commission approved background concentration of that
constituent in the groundwater;
(b) The respective value given in the table in paragraph 5C if the
constituent is listed in the table and if the background level of the
constituent is below the value listed; or
(c) An alternate concentration limit established by the Commission.
Further, groundwater monitoring to comply with the standards
established in accordance with the above specifications is required by
Criterion 7A.
Consistent with the requirements of Criterion 7A, License Condition
(LC) 33 of ExxonMobil's Source Materials License SUA-1139 specifies
that a groundwater monitoring program must be conducted at the Highland
site and ExxonMobil must comply with the established groundwater
protection standards at the designated POC wells for the constituents
of interest, including chromium, uranium, selenium, and nickel. For
chromium and selenium, the groundwater protection standards for the
Highland site were set at the Maximum Contaminant Levels (MCLs) for
those constituents in the table in paragraph 5C of 10 CFR part 40,
Appendix A. The MCLs for the constituents listed in the table in
paragraph 5C were derived from the MCLs established for those
constituents in the U.S. Environmental Protection Agency (EPA) National
Primary Drinking Water Regulations (NPDWRs). For uranium and nickel,
the groundwater protection standards were based on the NRC approved
background concentrations for those constituents in the groundwater.
However, in the years subsequent to the establishment of the
groundwater protection standards in ExxonMobil's license, the MCLs for
chromium and selenium in the EPA's NPDWRs have been modified and a new
MCL for uranium has been promulgated. The former MCL for nickel in the
NPDWRs (0.1 parts per million) was remanded in 1995, and there is now
no EPA legal limit on the amount of nickel in drinking water.
In light of the aforementioned changes to the EPA's NPDWRs,
ExxonMobil has requested that Source Materials License SUA-1139 be
amended to reflect the current MCLs for chromium, selenium, and uranium
in the NPDWRs. In this regard, the staff notes that the table in
paragraph 5C of 10 CFR part 40, Appendix A, has not yet been revised to
reflect the current NPDWRs for chromium, selenium, and uranium.
Additionally, even though the MCL for nickel has been remanded and
nickel is no longer listed as a regulated contaminant in the NPDWRs,
ExxonMobil has requested that its license be modified to incorporate
the former MCL for nickel as the groundwater protection standard. In
this regard, the NRC notes that the EPA believed that the 0.1 parts per
million level for nickel would not cause any potential health problems.
In accordance with the requirements of 10 CFR part 40, Appendix A,
Criterion 5B(5)(c), the requested modifications to ExxonMobil's license
would establish alternate concentration limits for
[[Page 42138]]
chromium, uranium, selenium, and nickel for implementation of a
groundwater corrective action program in the event a concentration
limit is exceeded for any of those constituents at the designated POC
wells. Correspondingly, the requested license modifications have the
potential for impacting the quality of the groundwater offsite. The NRC
staff has evaluated ExxonMobil's request and has developed this EA to
support the detailed technical review of ExxonMobil's proposed
modifications to the groundwater protection standards for the Highland
site, in accordance with the requirements of 10 CFR part 51.
The Proposed Action
The proposed action is to amend NRC Source Materials License SUA-
1139 to reflect the current groundwater protection standards for
chromium, uranium, and selenium in the EPA NPDWRs and incorporate the
former groundwater protection standard for nickel, even though it is no
longer a regulated constituent. ExxonMobil's objective in this proposal
is to establish groundwater protection standards for the Highland site
that are appropriate and consistent with the current standards for
chromium, uranium, and selenium in the EPA NPDWRs and conservative with
respect to the retention of a groundwater protection standard for
nickel. Specifically, ExxonMobil has proposed the following
modifications to the groundwater protection standards in LC 33 of the
Highland license: Chromium would change from 0.05 milligrams per liter
(mg/L) to 0.10 mg/L (the current MCL); uranium would change from the
former radiotoxicity value of 0.43 picocuries per liter (pCi/L)
(0.00065 mg/L) to the new chemical toxicity MCL of 0.03 mg/L (20 pCi/
L); and selenium would change from 0.01 mg/L to 0.05 mg/L (the current
MCL). The standard for nickel would change from the 0.02 mg/L
background concentration in the groundwater to 0.1 mg/L (the equivalent
of the EPA's former MCL of 0.1 parts per million).
The Need for the Proposed Action
The purpose of the proposed action is to establish groundwater
protection standards for the Highland site which are consistent with
the present or former EPA NPDWRs and correspondingly reflective of the
understanding of the health and environmental impacts of specific
contaminants in drinking water. With this EA, the NRC is fulfilling its
responsibilities under the Atomic Energy Act to make a decision on a
proposed license amendment for groundwater protection standards that
ensures protection of public health and safety and the environment.
The Environmental Impacts of the Proposed Action
The staff has evaluated the potential impacts associated with
ExxonMobil's proposed modifications to the groundwater protection
standards for chromium, uranium, selenium, and nickel at the Highland
site and determined that those effects are limited to the potential
public health and safety impacts related to possible degradation of
offsite groundwater quality and water utilization. In this case, the
bounding or controlling environmental impact is related to the
potential use of that groundwater for drinking water purposes. However,
as noted in ExxonMobil's amendment request, ExxonMobil has proposed to
establish onsite groundwater protection standards for chromium,
uranium, and selenium at the designated POC wells that are reflective
of the current EPA NPDWRs for those contaminants. Additionally, even
though the drinking water standard for nickel was remanded more than a
decade ago, ExxonMobil has proposed a conservative health based
standard for nickel that is consistent with the former MCL (0.1 mg/L)
for that constituent. Conceptually, the EPA has determined that the
drinking water limits in the NPDWRs pose acceptable hazards. The NPDWRs
effectively protect the public health and safety and the environment by
limiting the concentrations of contaminants in drinking water. The NRC
finds that ExxonMobil has proposed onsite groundwater protection
standards for chromium, uranium, selenium, and nickel that are
adequately protective of public health and safety and the environment.
Groundwater protection standards that are consistent with EPA's NPDWRs
also satisfy the intent of 10 CFR part 40, Appendix A, Criterion
5B(5)(b), recognizing the outdated table in paragraph 5(C). Further, in
the event that any of the proposed groundwater protection standards for
chromium, uranium, selenium, and nickel are exceeded, ExxonMobil's
license specifies that a corrective action program must be proposed
with the objective of returning the concentrations of those
constituents to the values mandated in the license. These requirements
will minimize the potential for any adverse impacts and further ensure
the protection of public health and safety and the environment.
Alternatives to the Proposed Action
As the only reasonable alternative to the proposed action, the
staff has considered denial of ExxonMobil's request (i.e., the no
action alternative). Denial of ExxonMobil's request would result in no
change in environmental impacts. The environmental impacts of the
proposed action and the alternative action are similar, though, since
both would be protective of offsite sources of drinking water. However,
the no action alternative would leave the groundwater protection
standards in ExxonMobil's license unnecessarily restrictive and out-of-
date with respect to the current EPA NPDWRs and the present
understanding of the potential health effects of certain contaminants
in drinking water.
Agencies and Persons Consulted
This EA was prepared by NRC staff (Myron Fliegel, Senior Project
Manager) and coordinated with the following agency:Wyoming Department
of Environmental Quality (WDEQ). NRC staff provided a draft of its EA
to WDEQ for review. In electronic correspondence dated June 13, 2006,
the WDEQ indicated that it did not have any comments on the draft EA.
The NRC staff has determined that the proposed action will not
affect listed species or critical habitat. Therefore, no further
consultation is required under Section 7 of the Endangered Species Act.
Likewise, the NRC staff has determined that the proposed action is not
the type of activity that has potential to cause effects on historic
properties. Therefore, no further consultation is required under
Section 106 of the National Historic Preservation Act.
Conclusion
The NRC staff has prepared this EA in support of the proposed
license amendment to modify the groundwater protection standards for
the Highland site. Based upon the analysis contained in this EA, the
staff concludes that proposed action will not have a significant effect
on public health and safety and the environment.
III. Finding of No Significant Impact
On the basis of this EA, NRC has concluded that there are no
significant environmental impacts from the proposed license amendment
and has determined that the proposed action does not warrant the
preparation of an environmental impact statement. Accordingly, it has
been determined that a Finding of No Significant Impact is appropriate.
[[Page 42139]]
IV. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Document Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The ADAMS accession numbers for
the documents related to this notice are as follows:
1. ExxonMobil Refining and Supply. Letter dated January 16, 2006,
from D. Burnham, ExxonMobil, to G. Janosko, NRC, requesting amendment
to License Condition 33 of Source Materials License SUA-1139 for the
Highland Reclamation Project. (ML060260421)
2. E-mail correspondence dated February 7, 2006, from M. Fliegel,
NRC, to D. Burnham, ExxonMobil, acknowledging receipt of the ExxonMobil
January 16, 2006, license amendment request. (ML060400048)
3. E-mail correspondence dated June 13, 2006, from M. Thiesse,
WDEQ, to M. Fliegel, NRC, indicating that WDEQ had no comments on the
draft EA. (ML061670212)
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC's Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's PDR, O1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction
contractor will copy documents for a fee.
Dated at Rockville, Maryland, this 18th day of July, 2006.
For the Nuclear Regulatory Commission.
Myron Fliegel,
Senior Project Manager, Fuel Cycle Facilities Branch, Division of Fuel
Cycle Safety and Safeguards, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E6-11833 Filed 7-24-06; 8:45 am]
BILLING CODE 7590-01-P
