[Federal Register Volume 90, Number 186 (Monday, September 29, 2025)]
[Notices]
[Pages 46663-46665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18857]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-38417; CEQ ID EAXX-429-00-000-1750645380; NRC-2025-
0084]
DISA Technologies, Inc.; Environmental Assessment and Finding of
No Significant Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
the issuance of a multi-site service provider license to DISA
Technologies, Inc. (DISA) for the operation of 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 waste sites after additional site-specific
safety and environmental information is provided to and approved by the
NRC. The NRC staff is issuing a generic environmental assessment (EA)
and finding of no significant impact (FONSI) associated with the
proposed licensing action.
DATES: The EA and FONSI referenced in this document are available on
September 29, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-0084 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
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.
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 ``Final Environmental Assessment for
Proposed Issuance of Multi-Site License to DISA Technologies for
Abandoned Uranium Mine Waste Remediation'' is available in ADAMS under
Accession No. ML25265A212.
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.
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. Background
The NRC is making available to the public the ``Environmental
Assessment for Proposed Issuance of Multi-Site License to DISA
Technologies for Abandoned Uranium Mine Waste
[[Page 46664]]
Remediation.'' A notice of availability of the draft EA was published
in the Federal Register on August 8, 2025 (90 FR 38514). The public
comment period on the draft EA ended on September 8, 2025, and the
comments received on the draft EA are addressed in appendix B of the
final EA.
The NRC's separate Safety Evaluation Report is available in ADAMS
at Accession No. ML25226A192.
II. Introduction
The NRC is considering issuance of a multi-site, service provider
license to DISA for operation of its HPSA process at AUM waste sites
located primarily in fourteen western states, namely Arizona,
California, Colorado, Idaho, Montana, New Mexico, Nevada, North Dakota,
Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, and on the
Navajo Nation. As required by section 51.21 of 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 an EA documenting its finding. The NRC concluded
that the proposed action would have no significant impact if conditions
and proposed operations at each site are consistent with the potential
impacts and assumptions detailed in the generic EA. The NRC will review
site-specific information submitted by DISA for each site and determine
the extent to which further site-specific analysis may be needed.
A summary of the generic EA follows. Based on the results of the
EA, the NRC has determined not to prepare an environmental impact
statement for the license issuance and is issuing a FONSI.
III. Summary of the 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 waste 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. If granted, the license would allow DISA
to operate HPSA at AUM waste sites after the NRC has reviewed the site-
specific characteristics in a premobilization notification (PMN) that
DISA would submit 90 days before mobilizing to a site. The NRC staff
plans to complete its safety and environmental review of each PMN
within the 90-day premobilization period and will issue a determination
that will be placed on the publicly available docket, as to whether
DISA may proceed with site remediation.
In addition, DISA would not be able to operate at a given site
unless it has obtained all necessary permits and authorizations, as
needed, from other Federal agencies and State, Tribal, and local
governments. The length of time DISA would be present at each site
depends on the amount of material to be processed and could range from
about 9 months for small sites to almost 18 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 remediation would generate two
products: coarse material and fines concentrates. The coarse material
would be a sand-like soil and would be reintegrated into the sites
assuming the material meets NRC and all other applicable regulatory
requirements. DISA would then seed the material with an appropriate
grass seed mixture. 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 or a
uranium recovery 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. DISA
would submit a demobilization notification (DMN) that provides DISA's
evaluation of how the site meets NRC requirements within 30 days after
completing remediation at each site. If the NRC finds that the DMN is
not acceptable, the licensee shall submit within 30 days after that
determination a plan for resolving outstanding issues, including the
timeframe for resolution.
The Need for the Proposed Action
The purpose of the proposed NRC action, issuance of the requested
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.''
The proposed action is in response to DISA'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).
Approximately 15,000 AUM waste sites have been documented that
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 remediation at AUM waste
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 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 PMN, which the NRC staff would
review to determine whether the generic EA's assumptions apply for that
site. If any site conditions, proposed operations, or potential impacts
are not consistent with the impacts and assumptions in the EA, the NRC
staff would assess whether further analysis is needed. In all cases,
the NRC staff will evaluate the potential impacts of depositing the
coarse material back onto the site after HPSA operations conclude, and
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.
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 waste sites. A consequence of
denying the license could be that DISA submits a revised application,
or that AUM waste 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 waste site cleanup unless the remedial
activity involves another NRC licensee or applicant.
[[Page 46665]]
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 waste site 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 waste
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
U.S. Environmental Protection Agency (EPA) uses for remediating AUM
sites: excavation and removal, and consolidation and capping. Under the
no-action alternative, these and other approaches might be used instead
of HPSA or in addition to it.
Agencies and Persons Consulted
The NRC 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. During its review of
a site-specific PMN, the NRC staff would consult as needed with the
State, agencies of interested American Indian Tribes, other Federal
agencies, and others as needed.
Comments on Draft EA
The NRC received comments on the draft EA from members of the
public, the EPA, State governments, advocacy organizations, and DISA.
Commenters expressed opposition to the proposed HPSA operations;
provided suggestions for improving or clarifying specific discussions
in the EA, especially regarding potential impacts on water resources;
expressed concerns about and requested clarification regarding the
regulatory framework for the DISA licensing action; expressed concerns
about the lack of site-specific information; and expressed concerns
about the bounding assumptions in the EA. The NRC staff's responses to
the comments are provided in appendix B of the final EA.
IV. Finding of No Significant Impact
On the basis of the generic EA, the NRC concludes that the proposed
licensing 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 generic EA, before DISA mobilizes to a site,
the NRC staff would review DISA's PMN and the conditions at that site.
The NRC staff would compare the site-specific information to the
impacts and assumptions in the generic EA. If HPSA operations at a site
would be consistent with the impacts and assumptions in the EA, the
FONSI would apply for that site. If there are differences in site
conditions, proposed operations, or potential impacts at a site, the
NRC staff would determine whether these differences require further
analysis. In all cases, the NRC will assess the site-specific impacts
of depositing coarse material onto the site, and the NRC or its
designee will conduct site-specific consultations under Section 106 of
the National Historic Preservation Act and Section 7 of the Endangered
Species Act. This site-specific analysis would result in a FONSI or, if
necessary, a determination that an environmental impact statement
should be prepared.
Dated: September 25, 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. 2025-18857 Filed 9-26-25; 8:45 am]
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