[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Notices]
[Pages 55838-55840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28530]


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NUCLEAR REGULATORY COMMISSION.

[Docket No. 40-1162]


Western Nuclear, 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-56, issued to Western Nuclear, Inc. 
(WNI), by removing reference to the Day Loma uranium heap leach site. 
To document its review of the potential environmental impacts 
associated with the proposed action, the NRC staff prepared an 
Environmental Assessment 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. Robert D. Carlson of the 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 301/415-8165.

[[Page 55839]]

SUPPLEMENTARY INFORMATION:

Background

    The Day Loma uranium heap leach site is located approximately 40 
kilometers (25 miles) northeast of Jeffrey City, Wyoming, in an area 
known as the Gas Hills Region. This 14,975-hectare (37,000-acre) region 
is rich in naturally occurring deposits of uranium ore, and widespread 
uranium mining activity occurred in the region from the late 1950s 
until the 1980s.
    Source Material License SUA-582, which covered activities at the 
Day Loma site, was originally issued to WNI in 1962. Operations at the 
site terminated in 1972, and in 1976, SUA-582 was combined with Source 
Material License SUA-56 for WNI's Split Rock uranium mill. Currently, 
the Day Loma site is licensed by the NRC under SUA-56 for possession 
only of byproduct material in the form of heap leach waste from the 
processing of uranium ore generated from past mining operations.
    The NRC approved WNI's reclamation plan for the Day Loma site in 
1981, and WNI completed reclamation activities at the site in 1985. The 
NRC staff inspected and approved the completion of the reclamation work 
in August 1986. The reclaimed leached material, consisting of 
approximately 494,000 tons of low-grade (less than 0.05 percent) 
uranium-bearing rock, was placed on an impervious liner that was 
constructed on top of existing uranium spoil materials comprised of 
overburden and mine waste. Following recontouring, a final disposal 
cell cover of between 2.4 and 4.0 meters (8 and 13 feet) in thickness 
was constructed of clay and random fill material. The 6.3 ha (15.6 
acre) reclaimed site is surrounded by exposed mine spoils unreclaimed 
mining lands of the Gas Hills Region.
    By letter dated October 19, 1995, WNI requested that all reference 
to the Day Loma site be removed from SUA-56, thereby ending current 
monitoring and the need for long-term monitoring of the site. A 
consequence of granting the proposal will be to not require transfer of 
the Day Loma site to Federal or State ownership as authorized by 
Section 83b.(4) of the Atomic Energy Act of 1954, as amended.
    The State of Wyoming Department of Environmental Quality (WDEQ) 
will be performing substantial reclamation operations in the Day Loma 
site area over the next five years in an effort to return this area to 
its original pre-mining condition. The WDEQ plans to incorporate the 
heap leach site into its reclamation efforts by recontouring the site 
into the surrounding landscape.

Conclusions

    The NRC staff has evaluated the environmental impacts associated 
with the removal of reference to the Day Loma site from Source Material 
License SUA-56, and has determined that approval of the proposed action 
(1) will be consistent with requirements of 10 CFR Part 40, (2) will 
not be deleterious to 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. The Gas Hills Region is sparsely populated and likely to remain 
so indefinitely, as the climate is harsh, the land is relatively 
barren, and the groundwater in the region is considered of such poor 
quality that it is deemed unsuitable for either domestic or 
agricultural use;
    2. Using conservative assumptions in which the Day Loma heap leach 
material was assumed to have no radon cover, the NRC staff showed that 
potential doses to members of the public from the heap leach site and 
associated risk factors for public health and the environment are much 
less (0.34 mrem/yr) than the 10 CFR Part 20 public dose limit of 100 
mrem/yr and those resulting from the naturally occurring uranium ore 
deposits which surround the site (34 mrem/yr);
    3. The WDEQ will incorporate the heap leach site in its efforts to 
further reclaim existing mine spoils in the Day Loma area over the next 
five years; and
    4. The staff has determined there will be no significant impacts 
associated with approval of the amendment request, and accordingly no 
disproportionately high and adverse effects or impacts on minority and 
low-income populations. Except in special cases, these impacts need not 
be addressed for Environmental Assessments in which a FONSI is made. 
Special cases may include regulatory actions that have substantial 
public interest, decommissioning involving on-site disposal in 
accordance with 10 CFR 20.2002, decommissioning/decontamination cases 
which allow residual radioactivity in excess of release criteria, or 
cases where environmental justice issues have been raised previously. 
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.
    In conducting its evaluation, the NRC staff considered the 
following: (1) information and analyses provided by WNI as part of its 
license amendment request; (2) additional analyses conducted by the NRC 
staff; and (3) information derived from NRC staff communications with 
the WDEQ.

Alternatives to the Proposed Action

    The proposed action is to amend NRC Source Material License SUA-56, 
by removing reference to the Day Loma uranium heap leach site, as 
requested by WNI. Therefore, the alternatives available to NRC are to:
    (1) Approve the license amendment request as submitted by WNI;
    (2) Approve the license amendment request with such conditions as 
are considered necessary or appropriate to protect public health and 
safety and the environment; or
    (3) Deny the license amendment request.
    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 other two alternatives 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 amendment of NRC Source Material License SUA-56. 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 
and Operator 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

[[Page 55840]]

by this proceeding may file a request for a hearing with respect to the 
technical evaluation and the Environmental Assessment performed by the 
NRC staff that forms the basis for the decision to amend the license 
and remove reference to the Day Loma heap leach site from Source 
Material License SUA-56. 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, Western Nuclear, Inc., 200 Union Blvd., Suite 
300, Lakewood, Colorado, 80228;
    (2) The NRC staff, by delivery to the Executive Director of 
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852; or
    (3) 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 and Operator Licensing Proceedings'' in 10 
CFR Part 2, Subpart L.

    Dated at Rockville, Maryland, this 22nd day of October 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. 97-28530 Filed 10-27-97; 8:45 am]
BILLING CODE 7590-01-P