[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)] [Notices] [Pages 9023-9024] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-4489] ----------------------------------------------------------------------- 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 renew NRC Source Material License SUA-1534 to authorize the licensee, Crow Butte Resources, Inc. (CBR), for continued commercial operation of its in-situ leach (ISL) uranium mine and processing facility, located in Dawes County, Nebraska. This license currently authorizes CBR to receive, acquire, possess, and transfer uranium at the Crow Butte Uranium Project, which is located approximately eight kilometers (five miles) southeast of the town of Crawford, Nebraska. An Environmental Assessment was performed by the NRC staff in support of its review of CBR's license renewal request, 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-J8, 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 At the Crow Butte facility, the ISL mining method involves: (1) The injection of native groundwater, with added sodium carbonate/ bicarbonate and oxygen or hydrogen peroxide, into a uranium-bearing orebody through injection wells; (2) the chemical mobilization of the uranium through oxidation and then complexation with the carbonate species; and (3) the extraction of the uranium-bearing solution from the subsurface through a pattern of pumping wells. The uranium is separated from the leach solution by conventional ion exchange methods in the processing facility. The resulting uranium-poor solution is recharged with carbonate and oxygen and returned to the mining zone for additional uranium recovery. This cycle continues until the ore zone is depleted or recovery of the uranium is no longer economically feasible. The recovered uranium solution is processed further by using ammonia or hydrogen peroxide to precipitate the uranium into a slurry. The resulting slurry is thickened by gravity settling, and then washed and de-watered in a filter press to about 50 percent solids. The filter press solids (cake) are then dried in a natural gas vacuum dryer, to produce uranium oxide, which is commonly known as ``yellowcake.'' The dried yellowcake is packaged in 208-liter (55-gallon) steel drums for storage and eventual shipment to a fuel processing facility. CBR conducts uranium recovery operations within designated areas (``mine units'') of the Crow Butte site; these mine units range between 4 to 16 hectares (10 and 40 acres) in size. A number of well patterns are installed in each mine unit, with each pattern typically including four injection wells laid out in a roughly rectangular shape and one centrally-located pumping (production) well. Currently, CBR is conducting uranium recovery operations in three mine units and groundwater restoration in two other mine units in which uranium recovery has been concluded. CBR has completed construction of a sixth mine unit but has yet to initiate operations in it. Summary of the Environmental Assessment The NRC staff performed an appraisal of the environmental impacts associated with the continued operation of the Crow Butte ISL facility, 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 information: (1) CBR's license renewal application, as amended; (2) previous environmental evaluations of the Crow Butte facility; (3) CBR's license amendment requests submitted subsequent to its renewal application, and NRC staff approvals of such requests; (4) data contained in required semiannual environmental monitoring reports; (5) results of NRC staff site visits and inspections of the Crow Butte facility; and (6) consultations with the U.S. Fish and Wildlife Service, the State of Nebraska Department of Environmental Quality, and the State Historic Preservation Officer for the State of Nebraska. The results of the staff's appraisal are documented in an Environmental Assessment. The safety aspects for the continued operation of the facility are discussed in a Safety Evaluation Report. The license renewal would authorize CBR to continue operating the Crow Butte ISL facility, such that the plant throughput does not exceed a flow rate of 18,930 liters (5000 gallons) per minute, exclusive of the flow involved in restoring the depleted mine units. Annual yellowcake production will not be authorized to exceed 907,185 kilograms (2 million pounds). 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 re-examined actual and potential environmental impacts associated with continued operation of the Crow Butte facility, and has determined that renewal of Source Material License SUA-1534 will (1) Be consistent with requirements of 10 CFR part 40, (2) not be inimical to the public health and safety, and (3) not have long-term detrimental impacts on the environment. The following statements [[Page 9024]] support the FONSI and summarize the conclusions resulting from the staff's environmental assessment: 1. The proposed groundwater monitoring program is sufficient to detect excursions (vertical or horizontal) of mining solutions. Furthermore, aquifer testing and the previous history of operations indicate that the production zone is adequately confined, thereby assuring hydrologic control of mining solutions; 2. Liquid process wastes will be disposed in accordance with approved waste disposal options. Monitoring programs are in place to ensure appropriate operation of the deep disposal well and to detect potential leakage from the solar evaporation ponds; 3. An acceptable environmental and effluent monitoring program is in place to monitor effluent releases and to detect if applicable regulatory limits are exceeded. Radiological effluents from facility operations have been and are expected to continue to remain below the regulatory limits; 4. All radioactive wastes generated by facility operations will be disposed offsite at a licensed byproduct disposal site; 5. Groundwater impacted by mining operations will be restored to baseline conditions on a mine unit average, as a primary goal. If baseline conditions cannot be reasonably achieved, the R&D operations have demonstrated that the groundwater can be restored to applicable class-of-use standards; and 6. Because the staff has determined that there will be no significant impacts associated with approval of the license renewal, there can be no disproportionally 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, Revision 1, is not warranted. Alternatives to the Proposed Action The proposed action is to renew NRC Source Material License SUA- 1534, for continued operation of the Crow Butte ISL facility, as requested by CBR. 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) Renew the license, with such conditions as are considered necessary or appropriate to protect public health and safety and the environment, but not allow CBR to expand its operations beyond those previously approved; or (3) Deny renewal of the license. Based on its review, the NRC staff has concluded that the environmental impacts associated with the proposed action do not warrant either the limiting of CBR's future operations or the denial of the license renewal. Additionally, in the SER prepared for this action, the staff has reviewed the licensee's proposed action with respect to the criteria for license issuance specified in 10 CFR Part 40, Section 40.32, and has no basis for denial of the proposed action. Therefore, the staff considers that Alternative 1 is the appropriate alternative for selection. Finding of No Significant Impact The NRC staff has prepared an Environmental Assessment for the proposed renewal 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 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 Operators Licensing Proceedings,'' of the Commission's Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders 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 Rulemakings and Adjudications Staff 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: Rulemakings and Adjudications Staff. 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 (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 13th day of February 1998. 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. 98-4489 Filed 2-20-98; 8:45 am] BILLING CODE 7590-01-P