[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)] [Notices] [Pages 34451-34452] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-16876] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 40-8943] Crow Butte Resources Inc. 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 amend NRC Source Material License SUA-1534 to allow the licensee, Crow Butte Resources, Inc., to increase the maximum concentrations of radium, uranium, and sulfate in process waste fluids to be disposed by deep well injection at its in-situ leach uranium mining facility in Dawes County, Nebraska. 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 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 staff 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). Supplemental EAs were prepared based on the NRC staff's review of Crow Butte's amendment requests to increase its maximum processing flow rate from 2500 gallons per minute (gpm) to 3500 gpm, and separately, from 3500 gpm to the currently approved level of 5000 gpm. The NRC staff issued Final FONSIs on March 12, 1993 (58 FR 13561), and February 28, 1996 (61 FR 7541), respectively, concerning these licensing actions. 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 maximum concentration limits for radium, uranium, and sulfate in process waste fluids to be disposed by deep well injection at its ISL facility. The concentration limits for these constituents would be increased as follows: (1) For radium, from 1000 picocuries per liter (pCi/l) to 5000 pCi/l; (2) for uranium, from 10 milligrams per liter (mg/l) to 25 mg/l; and (3) for sulfate, from 5000 mg/l to 10,000 mg/l. 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 increase in the concentration limits because the concentrations of radium, uranium, and sulfate in its typical facility waste water may approach or exceed the currently approved limits. Environmental Impacts of the Proposed Action The NRC staff approved deep well injection as an alternate method of waste disposal for the Crow Butte ISL facility by amendment to SUA- 1534 on October 4, 1994. The NRC staff's approval was conditional on the State of Nebraska issuing the necessary underground injection permit for the deep well disposal process, and finding that the potential for contamination of other usable aquifers by deep well injection was minimal. If the State determined in the affirmative on both of these issues, the NRC staff considered the potential impacts to a member of the public to be minimal. In addition, the NRC staff considered that worker exposure could be adequately managed under Crow Butte's radiation safety program. Finally, the NRC staff determined that the radiological constituent concentration limits requested by Crow Butte were comparable to levels allowed by the NRC at other ISL uranium recovery operations which employ deep well injection as a waste disposal option. State of Nebraska Department of Environmental Quality (NDEQ) Permit No. NE0206369 was issued to Crow Butte on June 20, 1995. Under this permit, Crow Butte is authorized to operate a Class I non-hazardous waste injection well to inject waste fluids into the Morrison and Sundance Formations, which are located below the lowermost underground source of drinking water (USDW), at approximately 3500 to 3800 feet below ground surface. Due to elevated concentrations of total dissolved solids, water quality in these formations is not considered under Federal or State of Nebraska regulations to be a USDW. Among other provisions, NDEQ Permit No. NE0206369 requires Crow Butte to continuously monitor the injection pressure to ensure that, coupled with the hydrostatic pressure, the fracture pressure of the injection zones is not exceeded, and to conduct regular mechanical integrity testing of the well to assure that process waste fluids are not injected into an unauthorized injection zone and thus pose a threat to fresh and/or usable waters of the State. Based on its review of Crow Butte's proposed amendment request, the NRC staff considers that the requested concentration limits for uranium and radium continue to be comparable to levels approved for other ISL operations. The NRC staff defers to the NDEQ on a determination regarding the requested concentration limit for the non-radiological constituent, sulfate. The NRC staff notes that a revised NDEQ Permit No. NE0206369, issued on April 18, 1996, incorporates the increased sulfate concentration level. Finally, the monitoring and testing provisions required under NDEQ Permit No. NE0206369 are not impacted by the proposed amendment. Conclusion The NRC staff concludes that approval of Crow Butte's amendment request to increase the maximum [[Page 34452]] concentration limits for radium, uranium, and sulfate to be disposed by deep well injection 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 June 11, 1996. In a telephone conversation on June 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. Dated at Rockville, MD., this 25th day of June 1996. 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. 96-16876 Filed 7-1-96; 8:45 am] BILLING CODE 7590-01-P