[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Notices]
[Pages 12593-12594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5746]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8698]


Plateau Resources Limited

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Final Finding of No Significant Impact; Notice of Opportunity 
for Hearing.

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SUMMARY: Plateau Resources Limited (PRL) requested that the U.S. 
Nuclear Regulatory Commission (NRC) amend NRC Source Material License 
SUA-1371, to approve the Reclamation Plan, as amended, for the 
Shootaring Canyon Uranium Mill near Ticaboo, Utah. An Environmental 
Assessment (EA) was performed by the NRC staff in accordance with the 
requirements of 10 CFR Part 51. The conclusion of the EA is a Finding 
of No Significant Impact (FONSI) for the proposed licensing action.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Weller, Uranium Recovery 
and Low-Level Waste Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Mail Stop T7-J8, Washington, D.C. 20555. Telephone (301) 
415-7287.

SUPPLEMENTARY INFORMATION:

Background

    Materials License SUA-1371 was originally issued by NRC on 
September 21, 1979, pursuant to Title 10, Code of Federal Regulations 
(10 CFR), Part 40, ``Domestic Licensing of Source Material.'' The 
Shootaring Canyon site is licensed by the NRC under Materials License 
SUA-1371 to possess byproduct material in the form of uranium waste 
tailings and other uranium byproduct waste generated by the licensee's 
milling operations. The mill is currently in standby status, however, 
the licensee has requested that the license be amended. The license 
amendment would approve PRL's reclamation plan (RP). The proposed 
action is needed to minimize exposure to contaminated materials, once 
the mill operations have ceased, by reclaiming contaminated areas and 
stabilizing wastes. The goal of the RP is to permanently isolate and 
stabilize the tailings and associated contamination by minimizing 
disturbances by natural forces, and to do so without ongoing 
maintenance. The design objective is for stabilization to be effective 
for up to one thousand years, to the extent reasonable, and, in any 
case for at least 200 years, to provide reasonable assurance that 
releases of radon-222 from the residual radioactive material will be 
less than 20 pCi/m \2\/s (averaged over the entire impoundment), and to 
provide reasonable assurances to protect groundwater resources.
    The facilities to be reclaimed include the following:
    1. Mill buildings and equipment.
    2. Tailings disposal area.
    3. On-site contaminated areas.
    4. Off-site contaminated areas (i.e., potential areas affected by 
windblown tailings).
    The decommissioning and reclamation of the above facilities will 
include the following:
    1. Remove mill structures and re-grade disturbed areas to blend 
with the surroundings. Radioactive waste and contaminated soils and 
concrete will be disposed of in the tailings impoundment.
    2. Cover and stabilize the tailings impoundment area.
    3. Replace stockpiled topsoil in selected areas for plant growth.
    4. Re-vegetate disturbed areas using native and introduced species.
    The RP further describes the designs, activities, schedule, and 
estimated costs for reclaiming PRL's Shootaring Canyon Uranium Mill 
site and tailings impoundment, for bonding and surety coverage 
requirements. The actual final reclamation design and cost analyses 
will depend on the quantity and depth of the tailings actually placed 
in the impoundment area and the surface area that they occupy. All 
conditions and commitments in the RP are subject to NRC inspection. 
Violation of the RP may result in enforcement action.
    PRL submitted the RP in a letter dated January 10, 1997, and the RP 
was subsequently amended by letters of July 10, and December 17, 1997, 
and January 14, February 20, and September 3, 1998.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the RP for the Shootaring Canyon Uranium Mill, in 
accordance with 10 CFR Part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.'' In 
conducting its appraisal, the NRC staff considered the following: (1) 
information contained in the previous environmental evaluations of the 
Shootaring Canyon project; (2) information contained in PRL's RP; (3) 
environmental monitoring reports; and (4) information derived from NRC 
staff site visits and inspections of the Shootaring Canyon Uranium Mill 
site and from communications with PRL, the State of Utah Department of 
Environmental Quality, the U.S. Bureau of Land Management Henry 
Mountain Field Station, the U.S. National Park Service Glen Canyon 
National Recreation Area, the U.S. Fish and Wildlife Service, and the 
State of Utah Historic Preservation Officer. The results of the staff's 
appraisal are documented in an Environmental Assessment placed in the 
licensee's docket file. Based on its review, the NRC staff has 
concluded that there are no significant environmental impacts 
associated with the proposed action.

Conclusions

    The NRC staff has examined the actual and potential environmental 
impacts associated with the RP and has determined that the action is: 
(1) consistent with requirements of 10 CFR part 40; and (2) 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 and effluent monitoring program is 
in place to monitor effluent releases and to determine if applicable 
regulatory limits are exceeded. Radiological effluents from site 
operations have been and are expected to continue to remain below the 
regulatory limits.
    2. Potential risks from the reclamation were assessed. Given the 
remote location, the small area of impact, and the past activities on 
the site, the staff has determined that the risk factors for health and 
environmental hazards are insignificant.

[[Page 12594]]

Alternatives to the Proposed Action

    The proposed action that the NRC is considering is approval of 
PRL's RP and the amendment to a source material license issued pursuant 
to 10 CFR Part 40. The principal alternatives available to the NRC are:
    1. Approve the license amendment request as submitted; or
    2. Amend the license with such additional conditions as are 
considered necessary or appropriate to protect public health and safety 
and the environment; or
    3. Deny the request.
    The NRC staff has concluded that there are no significant 
environmental impacts associated with the proposed action. Therefore, 
alternatives with equal or greater impacts need not be evaluated. The 
staff considers that Alternative 2 is the appropriate alternative for 
selection as the staff anticipates that some needed license conditions 
will likely result from the staff's safety review of the RP. A 
technical evaluation report (TER) will be completed with respect to the 
criteria for reclamation, specified in 10 CFR part 40, Appendix A, and 
the proposed license conditions will be discussed in the TER.

Finding of No Significant Impact

    The NRC staff has prepared an Environmental Assessment for the 
proposed RP for NRC Source Material License SUA-1371. On the basis of 
this assessment, the NRC staff has concluded that the environmental 
impact that may result for 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, D.C. 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 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 the Federal 
Register notice. The request for a hearing must be filed with the 
Office of the Secretary either:
    (1) By delivery to the Rulemaking 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, D.C. 20555. Attention: Rulemaking 
and Adjudications Staff.
    Each request for a hearing must also be served, by delivering it 
personally or by mail to:
    (1) The applicant, Plateau Resources Limited, 877 North 8th West, 
Riverton, Wyoming, 82501;
    (2) The NRC staff, by delivery to the Executive Director for 
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 D.C. 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 
proceedings, 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 area of concern about the licensing activity 
that is the subject matter of the proceedings; 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 2nd day of March 2000.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Acting Chief Uranium Recovery and Low-Level Waste Branch, Division of 
Waste Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 00-5746 Filed 3-8-00; 8:45 am]
BILLING CODE 7590-01-P