[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Notices]
[Pages 7541-7542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4483]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8943]


Crow Butte Resources Inc.; Final Finding of No Significant Impact 
Notice of Opportunity for Hearing

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) proposes to amend 
NRC Source Material License SUA-1534 to allow the licensee, Crow Butte 
Resources, Inc. to increase the maximum processing flow rate at its in-
situ leach uranium mining facility in Dawes County, Nebraska, from 3500 
gallons per minute to 5000 gallons per minute. 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, D.C. 20555. Telephone 301/415-6699.

SUPPLEMENTARY INFORMATION:

Background

    During April 1991, Crow Butte Resources, Inc. (Crow Butte) 
commenced uranium recovery operations at its Crow Butte in-situ leach 
(ISL) uranium mining facility in Dawes County, Nebraska. These 
activities are authorized by NRC Source Material License SUA-1534. The 
NRC prepared an Environmental Assessment (EA) based on its review of 
Crow Butte's license application and environmental report (ER); a Final 
Finding of No Significant Impact (FONSI) concerning the issuance of 
SUA-1534 was issued on December 27, 1989 (54 FR 53200). A supplemental 
EA was prepared based on the NRC's review of Crow Butte's amendment 
request to increase its maximum processing flow rate from 2500 gallons 
per minute (gpm) to the currently approved level of 3500 gpm. The NRC 
issued a Final FONSI (58 FR 13561; March 12, 1993) concerning this 
licensing action.

Summary of the Environmental Assessment

Identification of the Proposed Action

    The proposed action is an amendment to SUA-1534 to allow Crow Butte 
to increase the processing plant's maximum flow rate at its ISL 
facility from 3500 gpm to 5000 gpm. The NRC staff's review was 
conducted in accordance with the requirements of 10 CFR 40.32 and 10 
CFR 40.45.

Need for the Proposed Action

    Crow Butte requested NRC approval of this flow rate increase to 
allow it to expand uranium production within its permitted area of 
operation to the northwest and southeast of the current production 
wellfields. In accordance with 10 CFR 51.60, Crow Butte prepared and 
submitted a supplemental ER in support of its amendment request.

Environmental Impacts of the Proposed Action

    An increase in processing flow rate will require the construction 
of four to six ion exchange columns, which will be housed in the 
existing warehouse area of the ISL facility or in an adjacent building 
extension. Lands disturbed by new wellfield construction will be 
reclaimed and returned to pre-mining use as part of Crow Butte's 
reclamation activities, previously reviewed by the NRC and documented 
in its original EA, issued December 12, 1989.
    The increased processing flow rate will also result in a 
significant increase in the volume of liquid and solid effluents (i.e., 
wastes) over current levels. Crow Butte currently has available to it 
three NRC-approved waste disposal options for liquid effluents: (1) 
Solar evaporation ponds, (2) land application, or (3) deep well 
disposal. Under a maximum flow rate of 5000 gpm, Crow Butte's estimated 
rates of disposal and concentrations of effluents to be disposed by 
these options fall within the ranges previously found acceptable by the 
NRC. Crow Butte is required by license condition in SUA-1534 to dispose 
of solid waste 

[[Page 7542]]
byproduct material generated at its ISL facility at an NRC-approved 
byproduct disposal facility.
    Offsite environmental impacts are related to: (1) Effects on the 
regional groundwater system, and (2) the potential for increased 
radiological doses to the general public. Because the issues associated 
with impacts on the regional groundwater system concern consumptive 
water use, the NRC has referred further assessment of these impacts to 
the State of Nebraska. The NRC anticipates that these issues would be 
addressed by the State at such time as Crow Butte applies for a 
modification to its Underground Injection Control permit with the 
State, for a corresponding increase in processing flow rate.
    Although the estimated radon release associated with a processing 
flow rate of 5000 gpm is slightly higher than previously approved, the 
NRC staff concluded that the modeling satisfactorily shows that the 
potential impacts to offsite individuals remain well below the 100 
mrem/yr (1 mSv/yr) public dose limit of 10 CFR 20.1301. The largest 
dose estimate was 20.3 mrem/yr (0.203 mSv/yr) for the receptor located 
approximately 1.0 kilometer from the processing plant vent location.

Conclusion

    The NRC staff concludes that approval of Crow Butte's amendment 
request to increase the processing flow rate at its ISL facility from 
3500 gpm to 5000 gpm will not cause significant environmental impacts.

Alternatives to the Proposed Action

    Since the NRC staff has concluded that there are no significant 
environmental impacts associated with the proposed action, any 
alternatives with equal or greater environmental impacts need not be 
evaluated. The principal alternative to the proposed action would be to 
deny the requested action. Since the environmental impacts of the 
proposed action and this no-action alternative are similar, there is no 
need to further evaluate alternatives to the proposed action.

Agencies and Persons Consulted

    The NRC staff consulted with the State of Nebraska, Department of 
Environmental Quality (NDEQ), in the development of the Environmental 
Assessment. A facsimile copy of the final Environmental Assessment was 
transmitted to Mr. Frank Mills of the NDEQ on January 3, 1996. In a 
telephone conversation on January 11, 1996, Mr. Mills indicated that 
the NDEQ had no comments on the Environmental Assessment.

Finding of No Significant Impact

    The NRC staff has prepared an Environmental Assessment for the 
proposed amendment of NRC Source Material License SUA-1534. 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 
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, Crow Butte Resources Inc., 216 Sixteenth Street 
Mall, Suite 810, Denver, CO 80202;
    (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 Licensing Proceedings in 10 CFR Part 2, 
Subpart L.

    Dated at Rockville, Maryland, this 21st day of February 1996.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Acting Chief, Uranium Recovery Branch, Division of Waste Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 96-4483 Filed 2-27-96; 8:45 am]
BILLING CODE 7590-01-P