ML25028A349

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U.S. Nuclear Regulatory Commission Staff Review of the September 2024, Panna Maria In-Situ Recovery Draft Completion Review Report from Texas Commission on Environmental Quality
ML25028A349
Person / Time
Issue date: 02/05/2025
From: Vontill B
NRC/NMSS/DDUWP/URMDB
To: Forbes A
State of TX, Commission on Environmental Quality
References
Download: ML25028A349 (1)


Text


1 Agencywide Document Access Management System (ADMS) Accession No. ML24276A035 (public)

Ashley Forbes, Deputy Director Office of Waste Radioactive Materials Division Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087

SUBJECT:

RIO GRANDE RESOURCES CORPORATION - DRAFT COMPLETION REVIEW REPORT - PANNA MARIA IN-SITU RECOVERY SITE

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 September 16, 20241. TCEQ proposes to terminate the Radioactive Materials License (RML) R06063 to RGR for an in-situ leach (ISL) operation at the Panna Maria site. This RML is for the property adjacent to and separated from the reclaimed Panna Maria mill site and tailings storage facility (RML R02402). The RGR project site is located approximately 7 miles north of Karnes City in Karnes County, Texas.

RGR acquired this license on November 6, 2012. The total licensed area for the Panna Maria site comprises 387 acres which includes approximately 360.74 acres for RML R02402, and 26.26 acres for the ISR processing facility. Since RGR acquired the license, it has not conducted any mining activities in the site, therefore, there is no activity associated with decommissioning. The TCEQs request states that all applicable standards and requirements pertaining to the reclamation of the Panna Maria ISR site have been met and seeks the NRCs determination that the site should be released for unrestricted use. However, since this site (R06063) is adjacent to the reclaimed Panna Maria mill site and tailings impoundment (R02402), future land use will be farming for grazing and hay production.

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. The NRC review process determines whether applicable standards and requirements have been met prior to Agreement State uranium milling license termination, as required by Title 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:

February 5, 2025

A. Forbes 2

2 The results of the periodic IMPEP reviews provide a basis for confidence that Texas reviews, licensing actions, and inspections associated with the license termination have been concluded appropriately.

3 ADAMS Accession No. ML22172A192 (public) 4 ADAMS Accession No. ML24276A031 5 The Office of Nuclear Materials Safety and Safeguards (NMSS) Procedure SA-900, Termination of Uranium Milling Licenses in Agreement States. ADAMS Accession No. ML21162A046 (public) 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 programs2.

First, the draft CRR documents that the TCEQ has performed a complete review of the Panna Maria ISR 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, since there have been no mining activities, or activities associated with decommissioning, on the site. The NRC reviewed the draft CRR for the termination of the Panna Maria ISR 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 release for unrestricted use of the licensed area. The NRC also finds that TCEQs evaluation is consistent with the guidance in NMSS Procedure SA-9003 and agrees that a site release is appropriate.

Second, the NRCs most recent IMPEP review of the TCEQ Program was conducted from February 28 through March 4, 20223. 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 Panna Maria ISR license termination have been conducted appropriately.

The NRC staffs evaluation of the draft CRR submittal and the results of the February 28 through March 4, 2022, IMPEP review finds the regulatory standards and requirements for the protection of public health, safety, and the environment have been met and are in accordance with the provisions of 10 CFR 150.15(a) and Section 274c of the Atomic Energy Act of 1954, as amended.

The NRC concludes the unrestricted release of the Panna Maria in-situ recovery site from the radioactive materials license is appropriate, and that no activities have occurred in the licensed area to be released since the issuance of radioactive materials license R06063, as discussed above.

A. Forbes 3

If you have any questions, or we can be of further assistance, please contact Mr. Lifeng Guo at 301-415-7962 or Lifeng.Guo@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 Panna Maria In-Situ Recovery site for release without restriction.

cc: Chance Goodin, TCEQ Molly Coffman, TCEQ Zhenwen Jia, TCEQ Signed by VonTill, Randolph on 02/05/25

Enclosure NRC Review of the Release for Unrestricted Use of the Panna Maria In-Situ Recovery Site Texas Commission on Environmental Quality Licensee: Rio Grande Resources Corporation (RGR)

License: R06063 Location: 1350 CR. 240 Hobson, TX 78117, Karnes County, Texas Area: 26.26 acres Type of License: In-Situ Recovery Site - Panna Maria Partial or Full License Termination: Full License Termination 1.

A brief description of the licensees activities associated with decommissioning and license termination associated with the Panna Maria in-situ recovery (ISR) site.

Comment: This information is provided in Section I (Summary) and Section II.1 (Decommissioning Activities) of the TCEQ draft completion review report (CRR) letter dated September 16, 20241. Acreage information for the facility (26.26 acres) is provided in the same letter.

2.

The proposed in-situ leach (ISL) facility is not expected to have any significant impacts on the environment.

Comment: This information is provided in Section II.2 (Discussion of Environmental Impacts) of the TCEQ draft CRR letter dated September 16, 20241. The project was never developed or constructed since the license was issued, and background conditions should not have changed.

3.

The future land use of this site (R06063) will be farming for grazing and hay production under a proposed unrestricted release.

Comment: This information was provided in Section II.3 (Discussion of Closure Plan) of the TCEQ draft CRR dated September 16, 20241. The area requested for release is adjacent to the reclaimed Panna Maria mill site and tailings impoundment (R02402).

Future site access will be as needed through the Panna Maria site.

4.

The states final site closure inspection showed that the authorized activities to operate a processing facility for production and temporary storage of yellowcake and waste disposal wells never occurred in the licensed area.

Comment: This information is provided in Section II.4 (Discussion of Results of the State Regulatory Agencys Site Closure Inspections) of the TCEQ draft CRR dated September 16, 20241. The TCEQ Critical Infrastructure Division (CID) investigators conducted the final inspection of the site on June 26, 2024 (TCEQ-20244), in addition to a review of licensee records and activities under TCEQ license R060634. TCEQs records review determined that no in-situ recovery activities have taken place in the areas for construction and operation of a processing facility and waste disposal wells (WDW) requested for release from the license. Only one minor issue of deficiency with the license termination request was identified and resolved as a result of this records review.

2 5.

Discussion of the results of radiation surveys which confirm that the licensed site meets applicable standards and requirements for release.

Comment: This information is provided in the Section II.4 (Discussion of Results of the State Regulatory Agencys Site Closure Inspections) of the TCEQ draft CRR dated September 16, 20241. Results of radiation surveys conducted by TCEQ during the final inspection were consistent with background radiation levels, which can be found in ADAMS4.

6.

IMPEP review of the TCEQ uranium recovery regulatory program.

Comment: According to the results of the 2022 IMPEP review3, 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 been met to release for unrestricted use the Panna Maria In-Situ Recovery site held by Rio Grande Resources Corporation (RGR) and termination of Texas Radioactive Material License R06063.

Reviewer: __________________________

Lifeng Guo, Hydrogeologist Uranium Recovery and Materials Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material 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 Guo, Lifeng on 02/05/25 Signed by VonTill, Randolph on 02/05/25

ML25028A349; Ltr ML25028A349 OFFICE NMSS/REFS

/ERLRB R-IV/DNMS/MLDB NMSS/DUWP

/URMDB NMSS/REFS

/ERLRB NAME LGuo MPoston-Brown RVonTill LGuo DATE Jan 29, 2025 Jan 30, 2025 Feb 5, 2025 Feb 5, 2025