[Federal Register Volume 62, Number 81 (Monday, April 28, 1997)]
[Notices]
[Pages 22977-22978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10862]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8698]


Plateau Resources Limited

AGENCY: Nuclear Regulatory Commission.

ACTION: Final finding of no significant impact notice of opportunity 
for hearing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) proposes to renew 
NRC Source Material License SUA-1371 to authorize the licensee, Plateau 
Resources Limited (PRL), to resume commercial milling operations at the 
Shootaring Canyon uranium mill, located near Ticaboo, 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, DC 20555. Telephone 301/415-6699.

SUPPLEMENTARY INFORMATION:

Background

    Source Material License SUA-1371 was originally issued by NRC on 
September 21, 1979, pursuant to Title 10, Code of Federal Regulations 
(10 CFR), Part 40, ``Domestic Licensing of Source Material.'' This 
license currently authorizes PRL to possess byproduct material in the 
form of uranium waste tailings and other byproduct wastes which were 
generated by its uranium recovery operations previously authorized 
under SUA-1371. Under the current license, PRL is not authorized to 
produce uranium concentrates. The tailings and wastes referred to above 
were generated during the three months in 1982 in which the mill was 
operated; the mill has been on standby status since that time. SUA-1371 
was renewed for ``possession only'' status in 1986.
    By amended license renewal application dated March 1, 1996, PRL 
requested authorization to resume operations at the Shootaring Canyon 
mill.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the resumption of operations at the Shootaring Canyon 
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 Shootaring 
Canyon project; (2) information contained in PRL's license renewal 
application; (3) information contained in PRL'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 Shootaring Canyon mill site and from communications 
with PRL, the State of Utah Department of Environmental Quality (DEQ), 
and the National Park Service. The results of the staff's appraisal are 
documented in an Environmental Assessment. The radiation safety aspects 
for the resumption of operations at the mill are discussed in a Safety 
Evaluation Report.
    The license renewal would authorize PRL to resume operating the 
Shootaring Canyon mill, at a maximum production rate of 1,004,000 
pounds of yellowcake per year, and to possess byproduct material in the 
form of uranium waste tailings and other uranium byproduct wastes 
generated by the milling operations authorized by the renewal license. 
The actual resumption of operations will be conditional on (1) The 
approval of a final design for the tailings impoundment liner by NRC 
and the Utah DEQ and the installation of that liner, (2) PRL's 
submittal of a technical evaluation of the existing cross-valley berm 
and tailings dam, and (3) NRC's confirmation during a pre-operational 
site inspection that standard operating procedures for operational and 
non-operational activities are in place.
    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 a resumption of 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 will be in place to 
monitor effluent releases and to detect if appropriate limits are 
exceeded;
    2. The licensee will implement an intensive, routine inspection 
program of the mill process building, associated facilities, and 
tailings retention impoundments, and conduct an annual ``as low as is 
reasonable achievable'' (ALARA) audit program;
    3. Standard operating procedures will be 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 
will be discharged to a multi-lined tailings impoundment, with a leak 
detection system;
    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-
1371, for a resumption of operations at the Shootaring Canyon mill, as 
requested by PRL. 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.

[[Page 22978]]

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-1371. 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 NW., 
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 
and Operator 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, Plateau Resources Limited, 877 North 8th West, 
Riverton, Wyoming 82501;
    (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).
    Any hearing that is requested and granted will be held in 
accordance with the Commission's ``Informal Hearing Procedures for 
Adjudications in Materials and Operator Licensing Proceedings'' in 10 
CFR Part 2,
Subpart L.

    Dated at Rockville, Maryland, this 21st day of April 1997.

    For the Nuclear Regulatory Commission.
Charles L. Cain,
Acting Chief, Uranium Recovery Branch, Division of Waste Management, 
Office of Nuclear Material, Safety and Safeguards.
[FR Doc. 97-10862 Filed 4-25-97; 8:45 am]
BILLING CODE 7590-01-P