[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]


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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.

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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]
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