[Federal Register Volume 67, Number 168 (Thursday, August 29, 2002)]
[Notices]
[Pages 55435-55436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22109]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8681]


International Uranium (USA) Corporation

AGENCY: Nuclear Regulatory Commission.

ACTION: Finding of No Significant Impact.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) proposes to 
accept the license amendment for the NRC Materials License SUA-1358 to 
authorize the licensee, International Uranium (USA) Corporation (IUSA), 
to allow for the receipt and processing of material from the Maywood 
facility located in Maywood, New Jersey, at IUSA's 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. William von Till, Fuel Cycle 
Facilities Branch, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Mail Stop T-8A33, Washington, DC 20555. Telephone (301) 
415-6251, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Materials 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.'' The IUSA site is 
licensed by the NRC under Materials License SUA-1358 to possess 
byproduct material in the form of uranium waste tailings and other 
uranium byproduct waste generated by the licensee's milling operations, 
as well as other source material from multiple locations. Some of these 
locations include material from Formerly Utilized Sites Remedial Action 
Program (FUSRAP) sites managed by the U.S. Army Corps of Engineers 
(USACE). These materials have similar chemical, physical, and 
radiological composition to conventional mill tailings. The mill is 
currently operating.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the receipt and processing of materials from the 
Maywood facility at the White Mesa mill, in accordance with 10 CFR part 
51, Licensing and Regulatory Policy Procedure for Environmental 
Protection. A draft Environmental Assessment was sent to the State of 
Utah Department of Environmental Quality (DEQ) and Ute Mountain Utes by 
letter dated September 21, 2001, and was made public. The NRC staff 
received multiple comments from the public, the Utah DEQ, and the Ute 
Mountain Ute tribe. Based on some of the comments concerning potential 
groundwater impacts, the NRC staff requested that IUSA provide 
additional information regarding the potential for groundwater seepage 
to occur while the Maywood material would be temporarily stored on the 
ore pad. IUSA conducted a series of infiltration permeability tests on 
the ore pad soils and addressed the NRC staff concerns by letter dated 
July 1, 2002. In addition IUSA addressed issues concerning dust control 
by letters dated February 15, 2002, and March 11, 2002. 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 the IUSA's amendment application 
dated June 15, 2001, June 22, 2001, August 3, 2001, and supplemented by 
letters dated, November 19, 2001, December 6, 2001, December 10, 2001, 
March 11, 2002, and July 1, 2002; (3) information derived from NRC 
staff site visits and inspections of the White Mesa mill site, and (4) 
comments from and conversations with the State of Utah Department of 
Environmental Quality (DEQ), the Ute Mountain Ute tribe, and the 
public. The results of the staff's appraisal are documented in an 
Environmental Assessment.

Conclusions

    The NRC staff has examined the actual and potential environmental 
impacts associated with the receipt and processing of the proposed 
Maywood material, and has determined that the action is (1) 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 and effluent monitoring program is 
in place to monitor effluent releases and to detect whether applicable 
regulatory limits are exceeded. Radiological

[[Page 55436]]

effluents from site operations have been and are expected to continue 
to remain below the regulatory limits. A groundwater monitoring program 
is in place to detect potential seepage of contaminants from the 
tailings cells. The Entrada/Navajo Sandstone Aquifer is separated by 
low permeability formations from the tailings cells, further decreasing 
a potential impact to groundwater resources. The potential for seepage 
to occur while the material is temporarily stored on the ore pad is 
minimal due to the dry climate, the low permeability and highly 
compacted nature of the ore pad surface, and the limited duration of 
storage. An existing dust suppression program will be implemented at 
the Mill to reduce the potential for airborne contamination.
    2. Present and potential environmental impacts from the receipt and 
processing of the Maywood material were assessed. By letter dated 
August 5, 2002, the U.S. Department of the Interior, Fish and Wildlife 
Service, concurred with the staff's determination of ``No Effect'' for 
threatened and endangered species, and critical habitat. No significant 
impacts have been identified as a result of this action. Therefore, the 
staff has determined that the risk factors for health and environmental 
hazards are insignificant.

Alternatives to the Proposed Action

    The action that the NRC is considering is approval of an amendment 
request to a source material license issued pursuant to 10 CFR part 40. 
The 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.
    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 IUSA's future operations or the denial 
of the license amendment. 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. Additionally, in the Technical Evaluation Report prepared 
for this action, the staff has reviewed the licensee's proposed action 
with respect to the criteria for the receipt and processing of 
alternate feed material, specified in NRC's formal guidance entitled 
``Guidance on the Use of Uranium Mill Feed Material other than Natural 
Ores,'' 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 receipt and processing of Maywood Material for NRC Source 
Material License SUA-1358. On the basis of this assessment, the NRC 
staff has concluded that no significant environmental impact will 
result for the proposed action, 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, U.S. Nuclear Regulatory Commission 
Headquarters, Room 0-1F21, 11555 Rockville Pike, Rockville, MD 20852.
    Members of the public may provide comments on the subject 
application within 30 days of the publication of this notice in the 
Federal Register. The comments may be provided to Micheal Lesar, Chief, 
Rules Review and Directives Branch, Division of Administration 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington DC 20555.

    Dated at Rockville, Maryland, this 22nd day of August, 2002.

    For the U.S. Nuclear Regulatory Commission.
Daniel Gillen,
Chief, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-22109 Filed 8-28-02; 8:45 am]
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