[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Pages 10091-10093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5388]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8681]


Energy Fuels Nuclear, Inc.; Final Finding of No Significant 
Impact Notice of Opportunity for Hearing

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) proposes to renew 
NRC Source Material License SUA-1358 to authorize the licensee, Energy 
Fuels Nuclear, Inc. (EFN), for continued commercial operation 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. 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

    Source Material 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. This license 
currently authorizes EFN to (1) receive, acquire, possess, and transfer 
uranium at the White Mesa mill, (2) possess byproduct material in the 
form of uranium waste tailings and other uranium byproduct waste 
generated by operations at the mill, and

[[Page 10092]]

(3) accept, for disposal, limited amounts of byproduct material from 
in-situ leach (ISL) uranium mining facilities. The mill was operated on 
a continual basis from May 1980 until February 1983, and then 
intermittently from October 1985 to the present time. SUA-1358 was 
renewed last in 1985.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the continued operation of the White Mesa mill, in 
accordance with 10 CFR Part 51, Licensing and Regulatory Policy 
Procedures for Environmental Protection. In conducting its appraisal, 
the NRC staff considered the following: (1) information contained in 
previous environmental evaluations of the White Mesa project; (2) 
information contained in EFN's license renewal application; (3) 
information contained in EFN's license amendment requests submitted 
subsequent to its renewal application, and NRC staff approvals of such 
requests; (4) land use and environmental monitoring reports; and (5) 
information derived from NRC staff site visits and inspections of the 
White Mesa mill site and from communications with EFN and the State of 
Utah Department of Environmental Quality. The results of the staff's 
appraisal are documented in an Environmental Assessment. The safety 
aspects for the continued operation of the mill are discussed in a 
Safety Evaluation Report.
    The license renewal would authorize EFN to continue operating the 
White Mesa mill, at a maximum production rate of 4380 tons of 
yellowcake per year. Additionally, EFN would continue to be authorized, 
by license condition, to (1) possess byproduct material in the form of 
uranium waste tailings and other uranium byproduct waste generated by 
its milling operations authorized by the renewal license, and (2) 
accept, for disposal, limited amounts of byproduct material from ISL 
uranium mining facilities.
    All conditions in the renewal license and commitments presented in 
the licensee's license renewal application are subject to NRC 
inspection. Violation of the license may result in enforcement action.

Conclusions

    The NRC staff has reexamined actual and potential environmental 
impacts associated with continued yellowcake production at the mill 
site, and has determined that renewal of the source material license 
(1) will be 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 sampling program is in place to 
monitor effluent releases and to detect if appropriate limits are 
exceeded;
    2. The licensee has implemented an intensive, routine inspection 
program of the mill process building, associated facilities, and 
tailings retention impoundments, and conducts an annual ``as low as is 
reasonable achievable'' (ALARA) audit program;
    3. Standard operating procedures are in place for all operational 
process activities involving radioactive materials that are handled, 
processed, or stored;
    4. Mill tailings and process liquid effluents from the mill circuit 
are discharged to partially below-grade, lined tailings impoundments, 
with leak detection systems;
    5. The licensee will implement an acceptable groundwater detection 
monitoring program to ensure compliance with the requirements of 10 CFR 
Part 40, Appendix A;
    6. The licensee will conduct site decommissioning and reclamation 
activities in accordance with NRC-approved plans; and
    7. Because the staff has determined that there will be no 
significant impacts associated with approval of the license renewal, 
there can be no disproportionately 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, Rev.1, is not warranted.

Alternatives to the Proposed Action

    The proposed action is to renew NRC Source Material License SUA-
1358, for continued operation of the White Mesa mill, as requested by 
EFN. Therefore, the principal alternatives available to NRC are to:
    (1) Renew the license with such conditions as are considered 
necessary or appropriate to protect public health and safety and the 
environment; or
    (2) Deny renewal of the license.
    Based on its review, the NRC staff has concluded that there are no 
significant environmental impacts associated with the proposed action; 
therefore, any alternatives with equal or greater environmental impacts 
need not be evaluated. Since the environmental impacts of the proposed 
action and the no-action alternative (i.e., denial of the renewal) are 
similar, there is no need to further evaluate alternatives to the 
proposed action.

Finding of No Significant Impact

    The NRC staff has prepared an Environmental Assessment for the 
proposed renewal of NRC Source Material License SUA-1358. 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 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 
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, Energy Fuels Nuclear, Inc., 1515 Arapahoe 
Street, Suite 900, 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.

[[Page 10093]]

    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 26th day of February 1997.

    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. 97-5388 Filed 3-4-97; 8:45 am]
BILLING CODE 7590-01-P