[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Notices]
[Pages 64740-64741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31217]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-6622]
Pathfinder Mines Corporation
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Final Finding of No Significant Impact Notice of Opportunity
for Hearing.
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SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory
Commission (NRC) proposes to amend NRC Source Material License SUA-442
to authorize Pathfinder Mines Corporation (PMC) to reclaim the Shirley
Basin uranium mill site located in Carbon County, Wyoming. This license
currently authorizes PMC to possess byproduct material in the form of
uranium waste tailings generated by the licensee's milling operations
at the site. An Environmental Assessment (EA) was performed by the NRC
staff in support of its review of PMC's license amendment request, in
accordance with the requirements of 10 CFR Part 51. The conclusion of
the Environmental Assessment is a Finding of No Significant Impact
(FONSI) for the proposed licensing action of approval of a reclamation
plan.
SUPPLEMENTARY INFORMATION:
Background
The PMC's Shirley Basin facility is licensed by the NRC under
Source Material License SUA-442 to possess byproduct material in the
form of uranium waste tailings generated by the licensee's milling
operations. Uranium milling started at the Shirley Basin site in 1971,
and continued until 1992. A total of 8,564,130 tons of ore was milled
using a conventional acid leaching process. The mill has been
dismantled, windblown tailings have been retrieved and placed on the
tailings pile, and placement of the interim cover to decrease the
potential for tailings dispersal and erosion has been completed. Based
on its review of PMC's mill decommissioning plan and its supplemental
environmental report, the NRC staff had prepared a supplemental
environmental assessment in accordance with the requirements of 10 CFR
Part 51, and published in the Federal Register on April 3, 1996, the
conclusion of the assessment. The conclusion was a FONSI. The current
site activities include surface reclamation and continuation of the
ground water corrective action program.
PMC submitted a reclamation plan by its letter dated May 22, 1996,
and provided additional information by subsequent submittals. The
reclamation of the site consists of stabilizing the tailings for at
least 1,000 yrs and ensuring that the radon emanation from the tailings
pile will not exceed 20 pCi/m 2/s. The tailings pile will
incorporate excavated materials from other areas that are contaminated
above the release limit. The reclamation plan requires consolidation
and movement of all the contaminated materials from the processing area
to the tailing piles.
Summary of the Environmental Assessment
The NRC staff performed an appraisal of the environmental impacts
associated with the reclamation plan for the Shirley Basin site, in
accordance with 10 CFR Part 51, Licensing and Regulatory Policy
Procedures for Environmental Protection. The license amendment would
authorize PMC to stabilize and cover the tailings as proposed. In
conducting its appraisal, the NRC staff considered the following
information: (1) PMC's 1996 license amendment request, and PMC's
subsequent submittals providing additional information; (2) previous
environmental evaluations of the facility; (3) data contained in the
required environmental monitoring reports; (4) existing license
conditions; (5) results of NRC staff site visits and inspections of the
facility; and (6) consultations with the U.S. Fish and Wildlife
Service, and the Wyoming State Historic Preservation Officer. The
technical aspects of the reclamation plan will be discussed separately
in a Technical Evaluation Report (TER) that will accompany the final
agency licensing action.
The results of the staff's appraisal are documented in an EA placed
in the docket file. Based on its review, the NRC staff has concluded
that there are no significant environmental impacts associated with the
proposed action.
Conclusions
The NRC staff has examined actual and potential impacts associated
with
[[Page 64741]]
the reclamation of the Shirley Basin site, and has determined that the
requested amendment of Source Material License SUA-442, authorizing
implementation of the reclamation plan, will not have long-term
detrimental impacts on the environment. The following statements
summarize the conclusions resulting from the staff's environmental
assessment, and support the FONSI:
(1) An acceptable environmental and effluent monitoring program is
in place to monitor effluent releases and to detect if applicable
regulatory limits are exceeded. Radiological effluents from facility
operations have been and are expected to remain below the regulatory
limits;
(2) Present and potential risks of environmental damage from the
proposed reclamation were assessed. Given the remote location, limited
activities requested, small area of impact, and past activities on the
site, the staff determined that the risk factors for environmental
hazards are insignificant.
Because the staff has determined that there will be no significant
impacts associated with approval of the license amendment, there can be
no disproportionally high and adverse effects or impacts on minority
and low-income populations. Consequently, further evaluation of
Environmental Justice concerns, as outlined in Executive Order 12898
and NRC's Office of Nuclear Material Safety and Safeguards Policy and
Procedures Letter 1-50, Revision 1, is not warranted.
Alternatives to the Proposed Action
The proposed action is to amend NRC Source Material License SUA-
442, for reclamation of the Shirley Basin site, as requested by PMC.
Therefore, the principal alternatives available to NRC are to:
(1) Approve the license amendment request as submitted; or
(2) Amend the license with such additional conditions as are
considered necessary or appropriate to protect public health and safety
and the environment; or
(3) Deny the amendment request.
Based on its review, the NRC staff has concluded that the
environmental impacts associated with the proposed action do not
warrant either the limiting of PMC's future operations or the denial of
the license amendment. Additionally, in the TER for this action, the
staff will document its evaluation of the licensee's proposed action
with respect to the criteria for reclamation, specified in 10 CFR Part
40, Appendix A. Therefore, the staff considers that Alternative 1 is
the appropriate alternative for selection.
Finding of No Significant Impact
The NRC staff has prepared an EA for the proposed amendment of
Source Material License SUA-442. On the basis of this assessment, the
NRC staff has concluded that the environmental impacts that may result
from the proposed action would not be significant, and therefore,
preparation of an Environmental Impact Statement is not warranted.
The EA and other documents related to this proposed action are
available for public inspection and copying at the NRC Public Document
Room, in the Gelman Building, 2120 L Street N.W., Washington, DC 20555.
Notice of Opportunity for Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a licensing action falling within the scope of Subpart
L, ``Informal Hearing Procedures for Adjudications in Materials and
Operators Licensing Proceedings,'' of the Commission's Rules of
Practice for Domestic Licensing Proceedings and Issuance of Orders in
10 CFR Part 2 (54 FR 8269). Pursuant to Sec. 2.1205(a), any person
whose interest may be affected by this proceeding may file a request
for a hearing. In accordance with Sec. 2.1205(c), a request for a
hearing must be filed within thirty (30) days from the date of
publication of this Federal Register notice. The request for a hearing
must be filed with the Office of the Secretary either:
(1) By delivery to the Rulemakings and Adjudications Staff of the
Office of the Secretary at One White Flint North, 11555 Rockville Pike,
Rockville, MD 20852; or
(2) By mail or telegram addressed to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, Attention: Rulemakings and
Adjudications Staff.
Each request for a hearing must also be served, by delivering it
personally or by mail to:
(1) The applicant, Pathfinder Mines Corporation, 935 Pendell
Boulevard, P.O. Box 730, Mills, Wyoming 82644, Attention: Tom
Hardgrove; and
(2) The NRC staff, by delivery to the Executive Director of
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852, or by mail addressed to the Executive Director for Operations,
U.S. Nuclear Regulatory Commission, Washington, DC 20555.
In addition to meeting other applicable requirements of 10 CFR Part
2 of the Commission's regulations, a request for a hearing filed by a
person other than an applicant must describe in detail:
(1) The interest of the requestor in the proceeding;
(2) How that interest may be affected by the results of the
proceeding, including the reasons why the requestor should be permitted
a hearing, with particular reference to the factors set out in
Sec. 2.1205(g);
(3) The requestor's areas of concern about the licensing activity
that is the subject matter of the proceeding; and
(4) The circumstances establishing that the request for a hearing
is timely in accordance with Sec. 2.1205(c).
The request must also set forth the specific aspect or aspects of
the subject matter of the proceeding as to which petitioner wishes a
hearing.
FOR FURTHER INFORMATION CONTACT: Mohammad Haque, Uranium Recovery
Branch, Division of Waste Management, Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Mail Stop T7-J9,
Washington, D.C. 20555. Telephone 301/415-6640.
Dated at Rockville, Maryland, this 16th day of November 1998.
For the Nuclear Regulatory Commission.
Joseph J. Holonich,
Chief, Uranium Recovery Branch, Division of Waste Management, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 98-31217 Filed 11-20-98; 8:45 am]
BILLING CODE 7590-01-P
