[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Notices]
[Pages 612-613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-232]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8502]


COGEMA Mining Incorporated

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-1341 to authorize the licensee, 
COGEMA Mining Incorporated (COGEMA) to conduct surface (land and 
structures) decommissioning according to the submitted plan.
    An Environmental Assessment (EA) was performed by the NRC staff in 
support of its review of COGEMA's license amendment 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: Ms. Elaine Brummett, Fuel Cycle 
Licensing Branch, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U. S. Nuclear Regulatory 
Commission, Mail Stop T8-A33, Washington, DC 20555-0001. Telephone 301/
415-6606.

SUPPLEMENTARY INFORMATION:

Background

    The COGEMA Irigaray and Christensen Ranch In Situ Leach facilities 
are licensed by the U. S. Nuclear Regulatory Commission (NRC) under 
Source Materials License SUA-1341 to possess byproduct material in the 
form of uranium waste as well as other radioactive wastes generated by 
past uranium processing operations.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the surface decommissioning plan, in accordance with 10 
CFR Part 51, Environmental Protection Regulations for Domestic 
Licensing and Related Regulatory Functions. The license amendment would 
authorize COGEMA to decontaminate structures (such as buildings) and 
equipment, remove contaminated soil and equipment for disposal, and 
restore the land according to the procedures and criteria present in 
the submitted plan. Ground water restoration has been addressed in a 
previous licensing action. The technical

[[Page 613]]

aspects of the surface decommissioning plan are discussed separately in 
a Technical Evaluation Report (TER) that will accompany the agency's 
final licensing action.
    The results of the staff's appraisal of potential environmental 
impacts are documented in an EA placed in the 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 actual and potential impacts associated 
with the decommissioning plan, and has determined that the requested 
amendment of Source Material License SUA-1341, authorizing 
implementation of the surface decommissioning plan, will: (1) be 
consistent with requirements of 10 CFR part 40, Appendix A; (2) not be 
inimical to the public health and safety; and (3) not have long-term 
detrimental impacts on the environment. The following statements 
summarize the conclusions resulting from the staff's environmental 
assessment, and support the FONSI:
    1. 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 resulting from 
decommissioning activities are expected to remain below the regulatory 
limits.
    2. Present and potential health risks to the public and risks of 
environmental damage from the proposed decommissioning were assessed. 
Given the remote location, limited activities requested, small area of 
impact, and past activities on the site, the staff determined that the 
risk factors for health and environmental hazards are insignificant.

Alternatives to the Proposed Action

    The proposed action is to amend NRC Source Material License SUA-
1341, for decommissioning of surface structures (buildings, well heads, 
piping) and land by removing the residual byproduct material to meet 
regulatory criteria and NRC recommended levels. The principal 
alternatives available to NRC are to:
    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 amendment request.

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 COGEMA's plans necessary for license termination (all 
uranium recovery operations have ceased) or the denial of the license 
amendment. Additionally, in the TER prepared for this action, the staff 
has reviewed the licensee's proposed action with respect to the 
criteria for decommissioning, specified in 10 CFR 40.42 and Part 40, 
Appendix A, 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 EA for the proposed renewal of NRC 
Source Material License SUA-1341. 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 EA and other documents related to this proposed action are 
available for public inspection and copying at the NRC Public Document 
Room, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.

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 10 
CFR Part 2, 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. 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(d), 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 20555-0001, Attention: 
Rulemakings and Adjudications Staff.
    In accordance with 10 CFR 2.1205(f), each request for a hearing 
must also be served, by delivering it personally or by mail to:
    (1) The applicant, COGEMA Mining Incorporated, P.O. Box 730, Mills, 
WY 82644;
    (2) The NRC staff, by delivery to the General Counsel, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852, or
    (3) By mail addressed to the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.
    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(h);
    (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(d).
    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 26th day of December, 2001.

    For The Nuclear Regulatory Commission.
Melvyn Leach,
Chief, Fuel Cycle Licensing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-232 Filed 1-3-02; 8:45 am]
BILLING CODE 7590-01-P