[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Pages 10091-10093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5388]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8681]
Energy Fuels Nuclear, Inc.; Final Finding of No Significant
Impact Notice of Opportunity for Hearing
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) proposes to renew
NRC Source Material License SUA-1358 to authorize the licensee, Energy
Fuels Nuclear, Inc. (EFN), for continued commercial operation of the
White Mesa uranium mill, located near Blanding, Utah. An Environmental
Assessment was performed by the NRC staff 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.
FOR FURTHER INFORMATION CONTACT: Mr. James R. Park, Uranium Recovery
Branch, Mail Stop TWFN 7-J9, Division of Waste Management, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, D.C. 20555. Telephone 301/415-6699.
SUPPLEMENTARY INFORMATION:
Background
Source Material License SUA-1358 was originally issued by NRC on
August 7, 1979, pursuant to Title 10, Code of Federal Regulations (10
CFR), Part 40, Domestic Licensing of Source Material. This license
currently authorizes EFN to (1) receive, acquire, possess, and transfer
uranium at the White Mesa mill, (2) possess byproduct material in the
form of uranium waste tailings and other uranium byproduct waste
generated by operations at the mill, and
[[Page 10092]]
(3) accept, for disposal, limited amounts of byproduct material from
in-situ leach (ISL) uranium mining facilities. The mill was operated on
a continual basis from May 1980 until February 1983, and then
intermittently from October 1985 to the present time. SUA-1358 was
renewed last in 1985.
Summary of the Environmental Assessment
The NRC staff performed an appraisal of the environmental impacts
associated with the continued operation of the White Mesa mill, in
accordance with 10 CFR Part 51, Licensing and Regulatory Policy
Procedures for Environmental Protection. In conducting its appraisal,
the NRC staff considered the following: (1) information contained in
previous environmental evaluations of the White Mesa project; (2)
information contained in EFN's license renewal application; (3)
information contained in EFN's license amendment requests submitted
subsequent to its renewal application, and NRC staff approvals of such
requests; (4) land use and environmental monitoring reports; and (5)
information derived from NRC staff site visits and inspections of the
White Mesa mill site and from communications with EFN and the State of
Utah Department of Environmental Quality. The results of the staff's
appraisal are documented in an Environmental Assessment. The safety
aspects for the continued operation of the mill are discussed in a
Safety Evaluation Report.
The license renewal would authorize EFN to continue operating the
White Mesa mill, at a maximum production rate of 4380 tons of
yellowcake per year. Additionally, EFN would continue to be authorized,
by license condition, to (1) possess byproduct material in the form of
uranium waste tailings and other uranium byproduct waste generated by
its milling operations authorized by the renewal license, and (2)
accept, for disposal, limited amounts of byproduct material from ISL
uranium mining facilities.
All conditions in the renewal license and commitments presented in
the licensee's license renewal application are subject to NRC
inspection. Violation of the license may result in enforcement action.
Conclusions
The NRC staff has reexamined actual and potential environmental
impacts associated with continued yellowcake production at the mill
site, and has determined that renewal of the source material license
(1) will be consistent with requirements of 10 CFR Part 40, (2) will
not be inimical to the public health and safety, and (3) will not have
long-term detrimental impacts on the environment. The following
statements support the FONSI and summarize the conclusions resulting
from the staff's environmental assessment:
1. An acceptable environmental sampling program is in place to
monitor effluent releases and to detect if appropriate limits are
exceeded;
2. The licensee has implemented an intensive, routine inspection
program of the mill process building, associated facilities, and
tailings retention impoundments, and conducts an annual ``as low as is
reasonable achievable'' (ALARA) audit program;
3. Standard operating procedures are in place for all operational
process activities involving radioactive materials that are handled,
processed, or stored;
4. Mill tailings and process liquid effluents from the mill circuit
are discharged to partially below-grade, lined tailings impoundments,
with leak detection systems;
5. The licensee will implement an acceptable groundwater detection
monitoring program to ensure compliance with the requirements of 10 CFR
Part 40, Appendix A;
6. The licensee will conduct site decommissioning and reclamation
activities in accordance with NRC-approved plans; and
7. Because the staff has determined that there will be no
significant impacts associated with approval of the license renewal,
there can be no disproportionately 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, Rev.1, is not warranted.
Alternatives to the Proposed Action
The proposed action is to renew NRC Source Material License SUA-
1358, for continued operation of the White Mesa mill, as requested by
EFN. Therefore, the principal alternatives available to NRC are to:
(1) Renew the license with such conditions as are considered
necessary or appropriate to protect public health and safety and the
environment; or
(2) Deny renewal of the license.
Based on its review, the NRC staff has concluded that there are no
significant environmental impacts associated with the proposed action;
therefore, any alternatives with equal or greater environmental impacts
need not be evaluated. Since the environmental impacts of the proposed
action and the no-action alternative (i.e., denial of the renewal) are
similar, there is no need to further evaluate alternatives to the
proposed action.
Finding of No Significant Impact
The NRC staff has prepared an Environmental Assessment for the
proposed renewal of NRC Source Material License SUA-1358. 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 Environmental Assessment 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 Commission 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
Licensing Proceedings, of the Commission's Rules of Practice for
Domestic Licensing Proceedings 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 Docketing and Service Branch 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: Docketing and
Service Branch.
Each request for a hearing must also be served, by delivering it
personally or by mail to:
(1) The applicant, Energy Fuels Nuclear, Inc., 1515 Arapahoe
Street, Suite 900, Denver, CO 80202;
(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.
[[Page 10093]]
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).
Any hearing that is requested and granted will be held in
accordance with the Commission's Informal Hearing Procedures for
Adjudications in Materials Licensing Proceedings in 10 CFR Part 2,
Subpart L.
Dated at Rockville, Maryland, this 26th day of February 1997.
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. 97-5388 Filed 3-4-97; 8:45 am]
BILLING CODE 7590-01-P
