[Federal Register Volume 66, Number 238 (Tuesday, December 11, 2001)]
[Notices]
[Pages 64064-64066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30610]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8681]


International Uranium (USA) Corporation; Notice of Opportunity 
for Hearing

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 
accept the license amendment for the NRC Materials License SUA-1358 to 
authorize the licensee, International Uranium (USA) Corporation (IUSA), 
to allow for the and reclamation 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. William von Till, Fuel Cycle 
Licensing Branch, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Mail Stop T-8A33, Washington, DC 20555-0001. Telephone 
(301) 415-6251, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Materials 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.'' The IUC site is 
licensed by the U.S. Nuclear Regulatory Commission (NRC) under 
Materials License SUA-1358 to possess byproduct material in the form of 
uranium waste tailings and other uranium byproduct waste generated by 
the licensee's milling operations, as well as other source material 
from multiple locations. Some of these locations include material from 
Formerly Utilized Sites Remedial Action Program (FUSRAP) sites

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managed by the U.S. Army Corps of Engineers (USACE). These materials 
have similar chemical, physical, and radiological composition to 
conventional mill tailings. The mill is currently operating.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the receipt and processing of materials from the 
Molycorp facility at the White Mesa mill, in accordance with 10 CFR 
Part 51, Licensing and Regulatory Policy Procedure for Environmental 
Protection. In conducting its appraisal, the NRC staff considered the 
following: (1) Information contained in the previous environmental 
evaluations of the White Mesa project; (2) information contained in the 
IUSA's amendment application dated December 19, 2000, and supplemented 
by letters dated January 29, February 2, March 20, August 15, October 
17, and November 16, 2001; (3) information derived from NRC staff site 
visits and inspections of the White Mesa mill site, and (4) from 
comments and conversations from the State of Utah Department of 
Environmental Quality (DEQ), and the U.S. Environmental Protection 
Agency (EPA). The results of the staff's appraisal are documented in an 
Environmental Assessment.

Conclusions

    The NRC staff has examined the actual and potential environmental 
impacts associated with the receipt and processing of the proposed 
Molycorp material, and has determined that the action is (1) 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 and effluent monitoring program is 
in place to monitor effluent releases and to detect whether applicable 
regulatory limits are exceeded. Radiological effluents from site 
operations have been and are expected to continue to remain below the 
regulatory limits. A groundwater monitoring program is in place to 
detect potential seepage of contaminants from the tailings cells. The 
Entrada/Navajo Sandstone Aquifer is separated by low permeability 
formations from the tailings cells further decreasing a potential 
impact to groundwater resources. The Molycorp material will be placed 
on bermed concrete to reduce groundwater contamination while stored on 
the ore pad and an existing dust suppression program will be 
implemented at the Mill to reduce the potential for airborne 
contamination.
    2. Present and potential environmental impacts from the receipt and 
processing of the Molycorp material were assessed. No increase in 
impacts has been identified as a result of this action, therefore, the 
staff has determined that the risk factors for health and environmental 
hazards are insignificant.

Alternatives to the Proposed Action

    The action that the NRC is considering is approval of an amendment 
request to a source material license issued pursuant to 10 CFR part 40. 
The alternatives available to the NRC are:
    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 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 IUSA's future operations or the denial 
of the license amendment. The NRC staff has concluded that there are no 
significant environmental impacts associated with the proposed action. 
Therefore, alternatives with equal or greater impacts need not be 
evaluated. Additionally, in the Technical Evaluation Report prepared 
for this action, the staff has reviewed the licensee's proposed action 
with respect to the criteria for reclamation, specified in 10 CFR 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.

Finding of No Significant Impact

    The NRC staff has prepared an Environmental Assessment for the 
proposed reclamation plan for NRC Source Material License SUA-1358. On 
the basis of this assessment, the NRC staff has concluded that the 
environmental impact that may result for 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 amendment application are available for public 
inspection and copying at the NRC Public Document Room, US Nuclear 
Regulatory Commission Headquarters, Room 0-1F21, 11555 Rockville Pike, 
Rockville, MD 20852.

Notice of Opportunity for Hearing

    The NRC hereby provides notice of an opportunity for a hearing on 
the license amendment under the provisions of 10 CFR part 2, subpart L, 
``Informal Hearing Procedures for Adjudications in Materials and 
Operator Licensing Proceedings.'' 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(d), a request for 
hearing must be filed within 30 days of the publication of this notice 
in the Federal Register. 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 20555-0001, Attention: 
Rulemakings and Adjudications Staff.
    In accordance with 10 CFR 2.1205(f), each request for a hearing 
must also be served, by delivering it personally or by mail, to:
    (1) The applicant, International Uranium (USA) Corporation, 
Independence Plaza, Suite 950, 1050 Seventeenth Street, Denver, 
Colorado 80265; Attention: Michelle Rehmann; and
    (2) The NRC staff, by delivery to the Executive Director for 
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 20555-0001.
    In addition to meeting other applicable requirements of 10 CFR part 
2 of the NRC'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(h);
    (3) The requestor's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and

[[Page 64066]]

    (4) The circumstances establishing that the request for a hearing 
is timely in accordance with Sec. 2.1205(d).
    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.
    In addition, members of the public may provide comments on the 
subject application within 30 days of the publication of this notice in 
the Federal Register. The comments may be provided to Michael Lesar, 
Chief, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.

    Dated at Rockville, Maryland, this 30th day of November 2001.

    For the U.S. Nuclear Regulatory Commission.
 Melvyn Leach,
Branch Chief, Fuel Cycle Licensing Branch, Division of Fuel Cycle 
Safety and Safeguards, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 01-30610 Filed 12-10-01; 8:45 am]
BILLING CODE 7590-01-P