Petitions; Director's decisions: Atlas Corp.,

[Federal Register: February 12, 1999 (Volume 64, Number 29)]

[Notices]

[Page 7217-7218]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12fe99-117]

NUCLEAR REGULATORY COMMISSION

[Docket No. 40-3453; License No. SUA-917]

Atlas Corporation Receipt of Petition for Director's Decision Under 10 CFR 2.206

Notice is hereby given of receipt of a Petition dated January 11, 1999, filedon behalf of the Grand Canyon Trust and

[[Page 7218]]

other parties (collectively identified as ``Trust'') pursuant to 10 CFR 2.206.

In its Petition, the Trust asserts that the Atlas site, at which there are no operations, is currently leaching toxic chemicals into the Colorado River at levels that are harming and killing endangered fish, seriously degrading the quality of at least a mile of river where these fish spawn and live, and threatening the extinction of these species. The Trust requests that the U.S. Nuclear Regulatory Commission take six immediate actions to halt these impacts and to ensure the conservation of the endangered species. The specific actions requested are as follows:

(1) Set water quality standards for the Atlas site that are protective of endangered fish and incorporate those standards into the Atlas license.

(2) Require immediate corrective action to eliminate the take of and jeopardy to endangered fish from the Atlas site.

(3) Prohibit any irreversible and irretrievable commitment of resources for the purpose of stabilizing and capping the tailings pile in its present location in the Colorado River floodplain until after consultation on the entire action has been completed.

(4) Require the removal of the tailings out of the floodplain of the Colorado River for long-term disposal.

(5) Consult with the U.S. Fish and Wildlife Service to develop a specific plan to conserve the endangered Colorado squawfish and razorback sucker, including, but not limited to, steps to protect the Colorado squawfish nursery areas in the vicinity of the Atlas pile.

(6) Take all other actions necessary to eliminate taking, prevent jeopardy to and insure the recovery of the Colorado squawfish and the razorback sucker, and to preserve the designated critical habitat on which these species depend.

Petitioner's requests for immediate action were denied by letter dated January 26, 1999. In the letter, it was noted that none of the six items addresses a health, safety, or environmental concern that requires emergency steps before a complete review as provided for in Section 2.206.

The Petition has been referred to the Director of the Office of Nuclear Material Safety and Safeguards. As provided by Section 2.206, appropriate action will be taken on this Petition within a reasonable time. A copy of the Petition is available for inspection at the Commission's Public Document Room at 2120 L Street, N.W., Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT: Myron Fliegel, Petition Manager, Telephone (301) 415-6629.

Dated at Rockville, Maryland, this 8th day of February, 1999.

For the Nuclear Regulatory Commission. Carl J. Paperiello, Director, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 99-3497Filed2-11-99; 8:45 am]

BILLING CODE 7590-01-P

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