[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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