ML24086A472
| ML24086A472 | |
| Person / Time | |
|---|---|
| Issue date: | 05/08/2024 |
| From: | Vontill B NRC/NMSS/DDUWP/URMDB |
| To: | Forbes A State of TX, Commission on Environmental Quality |
| References | |
| Download: ML24086A472 (1) | |
Text
Enclosure Ashley Forbes, Deputy Director Office of Waste Radioactive Materials Division Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087
SUBJECT:
SOUTH TEXAS MINING VENTURE, LLP LA PALANGANA SITE DRAFT COMPLETION REVIEW REPORT
Dear Ashley Forbes:
The U.S. Nuclear Regulatory Commission (NRC) has completed its review of the Texas Commission on Environmental Quality (TCEQ) submittal of the draft Completion Review Report (CRR) dated February 5, 20241. TCEQ proposes to remove a specific area of the Uranium Energy Corporation dba South Texas Mining Venture LLPs (UEC/STMV) La Palangana site from Texas Radioactive Materials License R06062 and to release the specific area without restriction. The area is in Duval County approximately nine and a quarter miles due south of the intersection of FM 3196 and State Highway 44 near Benavides, Texas.
The only activities conducted at the portion of the site being requested for release without restriction is the drilling of approximately 648 bore holes for the purpose of uranium exploration.
Those bore holes were plugged and no additional drilling or other in-situ activities have taken place on the property. The TCEQs request states that all applicable standards and requirements pertaining to the reclamation of the La Palangana site have been met and seeks the NRCs determination that the TCEQ may remove this specific 2,520-acre section of the site from the UEC/STMV license. The specific area within the La Palangana site would be released without restrictions, reducing the area under radioactive material license R06062 from 7,208 acres to 4,688 acres.
The NRC staff reviewed the draft CRR document provided by the TCEQ using the criteria established in Nuclear Materials Safety and Safeguards (NMSS) procedure SA-900, Termination of Uranium Mill Licenses in Agreement States. As a result of this review of the draft CRR, NRC staff generated a request for additional information (RAI) on February 28, 20242. Your staff responded to the RAI on February 28, 20243 with additional data. The NRC review process determines whether applicable standards and requirements have been met prior 1 Agencywide Document Access Management System (ADAMS) Accession No. ML24060A141 (public) 2 ADAMS Accession No. ML24060A186 (public) 3 ADAMS Accession No. ML24060A187(public)May 7, 2024 A. Forbes 2
to Agreement State uranium milling license termination, as required by 10 of the Code of Federal Regulations (CFR) 150.15a(a) and Section 274c. of the Atomic Energy Act of 1954, as amended.
As summarized below, this review of the draft CRR is based on two factors:
- 1. The NRC staffs evaluation of TCEQs conclusion that all standards and requirements have been met;
- 2. The performance of TCEQs uranium recovery program as evaluated under the Integrated Materials Performance Evaluation Program (IMPEP), which evaluates NRC and Agreement State materials programs4.
First, the draft CRR, documents that the TCEQ has performed a complete review of the La Palangana site for compliance with regulatory and license requirements. The TCEQs review covered all necessary technical areas and regulatory requirements relating to the reclamation of the areas of the site that are proposed for release from the license including equipment removal, radiation cleanup, soil remediation, and groundwater protection. The NRC reviewed the draft CRR for the partial termination of the La Palangana site and agrees with the TCEQs conclusion, based on TCEQ records review and onsite inspection, that the site has met all regulatory and license requirements for partial release for unrestricted use and reduction in the licensed area. The NRC also finds that TCEQs evaluation is consistent with the guidance in NMSS Procedure SA-9005 and agrees that a partial site release is appropriate.
Second, the NRCs most recent IMPEP review of the TCEQ Program was conducted from February 28 through March 4, 20226. The TCEQs overall program rating under IMPEP has been determined to be adequate. The overall program rating to date indicates that the TCEQ program is adequate to protect public health and safety, and compatible with the NRCs program. The IMPEP review of the TCEQs uranium recovery program has resulted in a satisfactory rating (the highest performance rating possible). These consistent satisfactory ratings provide a basis for NRCs confidence on the determinations and conclusions reached by TCEQ, as set out in the draft CRR.
The IMPEP review also provides assurance to the NRC that the TCEQs reviews, licensing actions, and inspections associated with the La Palangana partial license termination have been conducted appropriately.
The NRC staffs evaluation of the draft CRR submittal and the results of the February 28 -
March 4, 2022, IMPEP review finds the regulatory standards and requirements for the protection of the public health, safety and the environment have been met and are in accordance with the provisions of 10 CFR 150.15(s) and Section 274c of the Atomic Energy Act of 1954, as amended.
4 The results of the periodic IMPEP reviews provide a basis for confidence that Texas reviews, licensing actions, and inspections associated with the partial license termination have been conducted appropriately.
5 The Office of Nuclear Materials Safety and Safeguards (NMSS) Procedure SA-900, Termination of Uranium Milling Licenses in Agreement States. URL: https://www.nrc.gov/reading-rm/doc-collections/nmss-procedures/state-agreement.html or ADAMS Accession No. ML21162A046.(public) 6 ADAMS Accession No. ML22172A192 (public)
A. Forbes 3 The NRC concludes the partial release of the La Palangana site, and reduction of licensed area from the radioactive materials license is appropriate and that the area under review was previously remediated to a level that allows it to be released without restriction and that no activities have occurred in the area to be released since the original remediation took place under radioactive material license L01234 other than the drilling of exploratory boreholes, as discussed above. NRC staff confirmed that the termination of TDH-RCB radioactive material license L01234 was reviewed and approved by NRC in May of 1999.7 A copy of the NRCs evaluation report, entitled NRC Review of the Release for Unrestricted Use Specific Areas of the La Palangana Site, Texas Commission on Environmental Quality is enclosed.
If you have any questions, or we can be of further assistance, please contact Ms. Martha Poston-Brown at 817-220-1181 or Martha.Poston-Brown@nrc.gov.
Sincerely, Bill Von Till, Chief Uranium Recovery and Materials Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards
Enclosure:
- 1. NRC Review of Specific Areas of the La Palangana site for release without restriction.
cc: Chance Goodin, TCEQ Molly Coffman, TCEQ Lee Line, TCEQ 7 ADAMS Accession No. ML20207B268 (non-public)
Signed by VonTill, Randolph on 05/07/24
ML24086A472 *via eConcurrence OFFICE DUWP/URMDB DUWP/URMDB MSST/SALB DUWP/URMDB: BC NAME MPoston KHayes DWhite BVonTill DATE 5/7/2024 3/27/24 3/27/24 4/1/24
OFFICE MSST/SALB: BC OGC DUWP/URMDB:
BC NAME AGiantelli AGendelman BVonTill (NLO)
DATE 4/3/24 4/8/24 5/7/24 NRC Review of the Release for Unrestricted Use Specific Areas of the La Palangana Site Texas Commission on Environmental Quality
Licensee: Uranium Energy Corporation dba South Texas Mining Venture, LLP (UEC/STMV)
License: R06062 Location: Duval Country, approximately 9.25 miles due south of the intersection of FM 3196 and State Highway 44 near Benavides, Texas Area: 2520 acres (of the total 7208 acres under the license)
Type of License: In-Situ Recovery Sites - La Palangana Partial or Full License Termination - Partial License Termination
- 1. A brief description of the licensees activities associated with decommissioning and partial license termination associated with La Palangana site.
Comment: This information is provided in Section I (Summary) and Section II.1 (Decommissioning Activities) of the TCEQ draft CRR letter dated February 5, 20241.
Acreage information for the mine is provided in that same letter. The partial termination will reduce the licensed area by approximately 35% or 2520 acres. Reducing the licensed area from 7208 acres down to 4688 acres.
- 2. Groundwater information which demonstrates that the groundwater has been adequately restored to meet applicable standards and regulations.
Comment: This information is provided in Section II.2 (Ground Water Restoration) and II.3 (Plugging and Abandonment of Wells) of TCEQ draft CRR letter dated February 5, 20241. The area requested for partial release was remediated and approved for unrestricted use under TDH-RCB license L012347,
- 3. Documentation that the production, injection, and monitoring wells have been closed and plugged in accordance with the applicable standards and requirements.
Comment: This information is provided in Section II.3 (Plugging and Abandonment of Wells) of the TCEQ draft CRR dated February 5, 20241. The area requested for partial release was remediated and approved for unrestricted use under TDH-RCB license L01234 in May of 1999 and the TDH-RCB license was terminated. When UEC/STMV acquired the site, TCEQ issued a license for the site, but UEC-STMV did not conduct in-situ leach activities on the portion of the site that has been requested for unrestricted release.
- 4. Decommissioning information which documents that all radiologically contaminated materials have been properly disposed of, transferred to licensees authorized to possess such materials or meet applicable standards and requirements for release.
Comment: This information is provided in Section II. 4 (Radiologically Contaminated Materials) of the TCEQ draft CRR dated February 5, 20241. The TCEQ also indicated that they conducted a review of licensee records associated with the decommissioning
Enclosure on La Palangana under TDH-RCB license L01234 in addition to a records review of activities under TCEQ license R06062, including the most recent inspection in March 2013 and a November 2023 site visit which included site area surveys.8 TCEQs records review determined that no in-situ recovery activities have taken place at the acreage requested for release from the license since UEC/STMV took ownership of the site. No issues or concerns associated were identified as a result of these records review.
- 5. Discussion of the results of radiation surveys and soil sample analyses which confirm that the licensed site meets applicable standards and requirements for release.
Comment: This information is provided in the Section II.5 (Radiation Surveys and Soils Analysis) of the TCEQ draft CRR dated February 5, 20241. Results of radiation surveys done while the site was licensed by the TCEQ can be found in ADAMS.9
- 6. Discussion of results of the States in-situ recovery unit closure inspections.
Comment: This information is provided in Section II.6 (Site Closure Inspections) of the TCEQ draft CRR dated February 5, 20241.
- 7. For partial terminations, documentation that release of a portion of the site will not negatively impact the remainder of the site to be closed at a later date.
Comment: 2520 acres of the licensed site or approximately 35% of the licensed area has been requested for removal from the radioactive material license. Site was originally licensed by Texas Department of Health, Radiation Control Branch (TDH-RCD) under radioactive material license L01234. This TDH-RCD license was terminated after completion of remediation and review and concurrence of the proposed license termination by the NRC in May of 19997. Since the property was acquired by UEC/STMV and license R06062 was issued in 2010, no in-situ recovery activities have taken place on the area being requested for removal from the license.
Comment: According to the results of 2022 IMPEP10 review, the State uranium recovery regulatory program was found to be satisfactory based on the IMPEP evaluation criteria. (A satisfactory rating is the highest rating possible for each IMPEP common and non-common performance indicator). The overall Agreement State program was found to be adequate to protect public health and safety, and compatible with NRCs program.
Based on a review of the above information, as specified in NMSS Procedure SA-900 and in accordance with the provisions of 10 CFR 150.15(a) and Section 274c of the Atomic Energy Act of 1954, as amended, staff determines that all applicable standards and requirements have
8 ADAMS Accession No. ML24060A142 (March 2013 inspection) and ML24060A143 (November 2023 visit) (both public) 9 ADAMS Package Accession No. ML24060A141 (public) 10 ADAMS Accession No. ML22172A192 (public)
2 3been met to release for unrestricted use of the requested portion of the La Palangana site from the radioactive materials license held by Uranium Energy Corporation dba South Texas Mining Ventures LLP (UEC/STMV) and partial termination of Texas Radioactive Material License R06062 to remove the 2,520 acres from the licensed area.
Reviewer:
Martha Poston-Brown, Sr Health Physicist Uranium Recovery and Materials Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Materials Safety and Safeguards Chief:
Bill Von Till, Chief Uranium Recovery and Materials Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards Signed by Poston-Brown, Martha on 05/07/24 Signed by VonTill, Randolph on 05/07/24