[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Notices]
[Pages 44057-44059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20909]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8584]


Kennecott Uranium Company

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-1350 to authorize the licensee, 
Kennecott Uranium Company (KUC), to resume commercial milling 
operations at the Sweetwater facility, and to approve the plan for 
future reclamation of the mill facility, existing and proposed new 
tailings impoundment, and the proposed evaporation ponds, according to 
the 1997 Reclamation Plan, as amended. The Sweetwater uranium mill site 
is located in Sweetwater County, approximately 40 miles (64 kilometers) 
northwest of the town of Rawlins, Wyoming. An Environmental Assessment 
(EA) was performed by the NRC staff in support of its review of KUC's 
license renewal for operation and the amendment request, in accordance 
with the requirements of 10 CFR Part 51. The conclusion of the EA is a 
Finding of No Significant Impact (FONSI) for the proposed licensing 
action.

FOR FURTHER INFORMATION CONTACT: Ms. Elaine Brummett, Uranium Recovery 
and Low-Level Waste 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-
6606.

SUPPLEMENTARY INFORMATION:

Background

    The Sweetwater uranium mill site presently is licensed by the NRC 
under Materials License SUA-1350 to possess

[[Page 44058]]

byproduct material in the form of uranium waste tailings, as well as 
other radioactive wastes generated by past milling operations. The mill 
operated from 1981 to 1983, but is currently in standby status. KUC has 
requested renewal of the license to allow operation of the mill 
(includes construction of one new impoundment and up to eight 
evaporation ponds), and the evaluation of that request has been 
completed. KUC also has requested approval of the reclamation plan to 
stabilize the existing tailings impoundment. In addition, the plan 
provides for the future stabilization of proposed new tailings 
impoundments, reclamation of land, and decommissioning of the mill 
facility.
    Construction of an additional five new impoundments and two 
evaporation ponds may be requested if the mill operates for 20 years, 
and the impact of this was considered in the EA. The additional 
impoundments would be reclaimed according to the NRC-approved plan and 
any change in design would require review and approval by the NRC 
staff.
    KUC submitted the operations plan, reclamation plan, and associated 
information by letters dated June 11, July 3, July 23, August 1, August 
20, September 18, and October 7, 1997. The mill and land 
decommissioning plan portion of the reclamation plan was submitted May 
28, 1998. Page changes to various submitted documents and responses to 
NRC staff comments were provided June 10, July 1, and July 20, 1998, as 
well as February 3, February 25, March 25, April 21, and June 21, 1999.

Summary of the Environmental Assessment

    The NRC staff performed an assessment of the environmental impacts 
associated with the operations plan and reclamation plan, in accordance 
with 10 CFR Part 51, Licensing and Regulatory Policy Procedures for 
Environmental Protection. The license renewal would authorize KUC to 
resume operation of the mill at a maximum production rate of 4,100,000 
pounds (1,859,748 kg) of yellowcake per year, and to possess byproduct 
material in the form of uranium waste tailings and other uranium 
byproduct wastes generated by the authorized milling operations. The 
actual resumption of operations will be conditional on: (1) The NRC 
review of standard operating procedures for mill operation; (2) a 90-
day pre-startup notification to NRC; and (3) the completion of a pre-
startup NRC inspection and resolution of any safety issues identified 
by the inspection. The renewed license also would approve KUC's 
proposed plan to stabilize and cover the tailings impoundments, and 
decommission the mill facility (including land and evaporation ponds). 
All conditions in the renewed license and commitments presented in the 
licensee's renewal documents are subject to NRC inspection.
    In conducting its appraisal, the NRC staff considered the 
following: (1) Information contained in KUC's 1997 license renewal and 
amendment requests, as revised; (2) previous environmental and safety 
evaluations of the facility; (3) data contained in land use and 
environmental monitoring reports; (4) existing license conditions; (5) 
results of NRC staff site visits and inspections of the Sweetwater 
facility; and (6) consultations with the U.S. Fish and Wildlife 
Service, the U.S. Bureau of Land Management, the Wyoming State Historic 
Preservation Office, and the Wyoming Department of Environmental 
Quality. The staff evaluation of the Sweetwater operation plan and 
associated documents is being evaluated in a Safety Evaluation Report, 
and the technical aspects of the reclamation plan are discussed 
separately in a Technical Evaluation Report that will accompany the 
final agency licensing action.
    The results of the staff environmental review 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 the operation of the mill, site decommissioning, and reclamation 
of the tailings impoundments, and has determined that the requested 
renewal of Source Material License SUA-1350 will: (1) be consistent 
with requirements of 10 CFR Part 40, Appendix A; (2) not be inimical to 
public health and safety; and (3) 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. Mill tailings and process liquid effluents from the mill circuit 
will be discharged to a multi-lined impoundment with a leak detection 
system;
    3. The licensee will conduct site decommissioning and reclamation 
activities in accordance with NRC-approved plans; and
    4. Present and potential health risks to the public and risks of 
environmental damage from the proposed mill operation, decommissioning, 
and reclamation were assessed. Given the remote location, requirements 
in place, licensee's inspection and radiation safety programs, area of 
impact, and past activities on the site, the staff determined that the 
risk factors for health and environmental hazards are insignificant.
    Because the staff has determined that there will be no significant 
impacts associated with approval of the license renewal (and associated 
amendments), 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 renew NRC Source Material License SUA-
1350, for operation of the mill, subsequent decommissioning of the 
facility, and reclamation of the tailings impoundments, as requested by 
KUC. Therefore, the principal alternatives available to NRC are to:
    1. Approve the license renewal request as submitted; or
    2. Renew 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 renewal 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 KUC's future operations or the denial of 
the license amendment. Additionally, in the TER prepared for this 
action, the staff has reviewed the licensee's proposed action with 
respect to the criteria for reclamation, specified in 10 CFR Part 40, 
Appendix A, and has no basis for denial of the proposed action. 
Therefore, the staff considers that Alternative 1 is the appropriate 
alternative for selection.

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Finding of No Significant Impact

    The NRC staff has prepared an EA for the proposed renewal of NRC 
Source Material License SUA-1350. 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 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 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, Kennecott Uranium Company, P.O. Box 1500, 
Rawlins, WY 82301;
    (2) The NRC staff, by delivery to the Executive Director of 
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852; or
    (3) 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 6th day of August 1999.

    For the Nuclear Regulatory Commission.
John J. Surmeier,
Chief, Uranium Recovery and Low-Level Waste Branch, Division of Waste 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 99-20909 Filed 8-11-99; 8:45 am]
BILLING CODE 7590-01-P