[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