[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Notices]
[Pages 38514-38516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15087]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-38417; CEQ ID EAXX-429-00-000-1750645380; NRC-2025-
0084]


Disa Technologies, Inc.; Draft Generic Environmental Assessment 
and Finding of No Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment a draft generic environmental assessment (EA) and 
finding of no significant impact (FONSI) regarding the proposed 
issuance of a multi-site service provider license to Disa Technologies, 
Inc., (Disa) for its high-pressure slurry ablation (HPSA) technology to 
remediate abandoned uranium mine (AUM) waste. Disa's request is to use 
the HPSA technology to perform remediation at certain AUM sites after 
additional site-specific safety and environmental information is 
provided to and approved by the NRC.

DATES: Submit comments by September 8, 2025. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
on or before this date.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website.
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0084. Address 
questions about Docket IDs in Regulations.gov to Bridget Curran; 
telephone: 301-415-1003; email: [email protected]. For technical 
questions, contact the individual(s) listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Christine Pineda, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6789; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2025-0084 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0084.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin ADAMS Public Search.'' 
For problems with ADAMS, please contact the NRC's Public Document Room 
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email 
to [email protected]. The ADAMS accession number for each document 
referenced (if it is available in ADAMS) is provided the first time 
that it is mentioned in this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2025-0084 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of a multi-site, service provider 
license to Disa, for operation of its HPSA process at AUM sites located 
in fourteen western States, namely Arizona, California, Colorado, 
Idaho, Montana, New Mexico, Nevada, North Dakota, Oregon, South Dakota, 
Texas, Utah, Washington, Wyoming, and the Navajo Nation. As required by 
section 51.21 of

[[Page 38515]]

title 10 of the Code of Federal Regulations (10 CFR), ``Criteria for 
identification of licensing and regulatory actions requiring 
environmental assessments,'' the NRC has prepared a draft generic EA 
documenting its preliminary finding. The NRC concluded that the 
proposed action would have no significant impact if conditions and 
proposed operations at each site meet the assumptions detailed in the 
draft generic EA. The draft generic EA is available in ADAMS under 
Accession No. ML25216A003. For each site, the NRC will review the site-
specific information and supplement this evaluation as appropriate. A 
summary of the draft generic EA follows.

III. Summary of Draft Generic Environmental Assessment

Description of the Proposed Action

    Disa would use its HPSA technology in the form of mobile units to 
treat mine waste at AUM sites. Use of the HPSA process to separate 
uranium and thorium fines from mine waste rock and soils would result 
in licensable quantities and concentrations of source material. The NRC 
is proposing to issue a license to Disa under 10 CFR part 40, 
``Domestic Licensing of Source Material,'' for the possession and 
processing of source material ore. If granted, the license would allow 
Disa to operate HPSA at AUM sites after the NRC has reviewed the site-
specific characteristics and operating plans that Disa would submit 
before mobilizing to a site.
    The length of time Disa would operate at each site depends on the 
amount of material to be processed and could range from about 6 months 
for small sites to almost 13 years for large sites. HPSA uses 
mechanical and kinetic energy to separate mineral-rich patinas 
containing source material (uranium and/or thorium) and other metals 
from host sand grains. The HPSA treatment would generate two products: 
coarse material and fines concentrates. Disa states that the coarse 
material would be an inert sand and would be reintegrated into the mine 
sites, assuming the material meets NRC and other regulatory 
requirements. The fines concentrates, which would contain uranium and/
or thorium and other metals, would be transported to a licensed 
recipient such as a low-level radioactive waste disposal facility, a 
uranium recovery facility, or a storage facility. After HPSA operations 
conclude, Disa would demobilize and leave the site, including deposited 
coarse material, in a condition that meets NRC requirements for 
unrestricted release.
    The proposed action is in accordance with the applicant's 
application dated March 28, 2025 (ADAMS Package Accession No. 
ML25087A094) as supplemented by letters dated June 16, 2025 (ADAMS 
Accession No. ML25167A328) and July 31, 2025 (ADAMS Package Accession 
No. ML25213A083).

The Need for the Proposed Action

    The purpose of the proposed NRC action, issuance of the license, is 
to allow Disa to conduct HPSA activities safely in accordance with the 
conditions of the license and with applicable NRC requirements under 10 
CFR part 20, ``Standards for Protection Against Radiation,'' and part 
40, ``Domestic Licensing of Source Material.'' Disa proposes to conduct 
HPSA activities in part to respond to a need identified by the U.S. 
Environmental Protection Agency (EPA) to remediate abandoned uranium 
mine sites. The EPA has documented approximately 15,000 AUMs primarily 
in 14 western States, including areas on the Navajo Nation. These sites 
resulted from a uranium mining industry that began in the 1940s to 
produce uranium for weapons and later for nuclear fuel.

Environmental Impacts of the Proposed Action

    The NRC staff developed a generic assessment of the potential 
environmental impacts of operating the HPSA process at AUM sites. The 
NRC staff assessed the potential impacts on land use; historic and 
cultural resources; visual and scenic resources; air quality; geology 
and soils; water resources; ecological resources; socioeconomics; 
noise; transportation; public and occupational health and safety; and 
waste management. The NRC staff determined that the proposed action 
would not have significant impacts on these resource areas if all of 
the assumptions described in the draft generic EA are met at a given 
site. Before mobilizing to a site, Disa would provide site-specific 
information to the NRC in a premobilization notification, which the NRC 
staff would review to determine whether the generic EA's assumptions 
apply for a site. If any assumptions for a specific site would not be 
met, the NRC staff would conduct a site-specific review to assess the 
impacts for that site. In all cases, the NRC or its designee would 
conduct site-specific consultations to fulfill its consultation 
responsibilities under Section 7 of the Endangered Species Act and 
Section 106 of the National Historic Preservation Act. In all cases, 
the NRC staff will evaluate the potential impacts of depositing the 
coarse material back onto the site after HPSA operations conclude.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed issuance of a license to Disa, 
the NRC considered the no-action alternative. Under the no-action 
alternative, the NRC would not issue the license and Disa would not be 
allowed to operate its HPSA units at AUM sites. A consequence of 
denying the license could be that Disa submits a revised application, 
or that AUM sites potentially suitable for HPSA would need to be 
remediated using other means. In the absence of HPSA operations, the 
NRC would not be involved in AUM site cleanup unless the remedial 
activity involves another NRC licensee or applicant.
    The potential environmental impacts of the no-action alternative 
would include the direct impacts of continuing current site conditions 
(i.e., no change to a site) as well as the potential impacts of using 
remediation alternatives instead of the proposed action. The potential 
impacts of continuing current site conditions include the continued 
unavailability of AUM land for human use and the avoidance of the 
impacts assessed generically in the EA for the proposed HPSA 
operations. However, the NRC does not have authority over AUM site 
cleanup and did not assess further in the draft generic EA the 
potential impacts of other remedial actions beyond its jurisdiction and 
authority. The draft generic EA generally describes two main approaches 
EPA uses for remediating AUM sites: excavation and removal is one 
approach and consolidation and capping is another. These and other 
approaches might be used instead of the HPSA process or in addition to 
it.

Agencies and Persons Consulted

    The NRC has published the draft generic EA to receive comments from 
individual members of the public, Federal and State agencies, American 
Indian Tribes, organizations, and other entities. Disa would submit 
site-specific information to the NRC approximately 90 days before 
mobilizing to a site. During its review of this information about HPSA 
operations at a particular site, the NRC staff would consult as needed 
with the state, agencies of interested American Indian Tribes, and 
other Federal agencies.

[[Page 38516]]

IV. Preliminary Finding of No Significant Impact

    On the basis of the draft generic EA, the NRC concludes that the 
proposed action will not have a significant effect on the quality of 
the human environment. Accordingly, the NRC has determined not to 
prepare an environmental impact statement for the proposed action.
    As described in the draft generic EA, before Disa mobilizes to a 
site, the NRC staff would review Disa's operating plans and the 
conditions at that site. The NRC staff would compare the site-specific 
information to the assumptions in the generic EA. If HPSA operations at 
a site would meet all of the assumptions in the EA, the FONSI would 
apply for that site. If some assumptions are not met, the NRC staff 
would conduct an analysis to identify the site-specific impacts for 
those environmental areas. In all cases, the NRC or its designee will 
conduct site-specific reviews and consultations under Section 106 of 
the National Historic Preservation Act and Section 7 of the Endangered 
Species Act and will assess the site-specific impacts of depositing 
coarse material onto the site. This site-specific analysis would result 
in a FONSI or, if necessary, a determination that an environmental 
impact statement should be prepared.

    Dated: August 6, 2025.

    For the Nuclear Regulatory Commission.
Robert Sun,
Chief, Environmental Project Management Branch 2, Division of 
Rulemaking, Environmental, and Financial Support, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2025-15087 Filed 8-7-25; 8:45 am]
BILLING CODE 7590-01-P