[Federal Register Volume 91, Number 116 (Wednesday, June 17, 2026)]
[Notices]
[Pages 36623-36626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-12215]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9075; NRC-2024-0129]
Powertech USA, Inc.; Dewey-Burdock In Situ Uranium Recovery
Project; Environmental Assessment, Finding of No Significant Impact,
and Final Programmatic Agreement
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
the renewal of source and byproduct materials license SUA-1600 for
Powertech USA, Inc.'s (Powertech or licensee) Dewey-Burdock in situ
uranium recovery (ISR) project in Custer and Fall River counties, South
Dakota, for an additional 20 years. Powertech plans to recover uranium
from the ore body and produce yellowcake using the ISR process.
Yellowcake, the uranium oxide product of the ISR process, is used in
the production of fuel for commercially operated nuclear power
reactors. The NRC staff is issuing an environmental assessment (EA),
finding of no significant impact (FONSI), and Section 106 Programmatic
Agreement (PA) associated with the proposed licensing action.
DATES: The EA and FONSI and Section 106 PA referenced in this document
are available on June 17, 2026.
ADDRESSES: Please refer to Docket ID NRC-2024-0129 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-2024-0129. 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].
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: Diana Diaz-Toro, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-0930; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The NRC is making available to the public the ``Environmental
Assessment for the License Renewal for the Dewey-Burdock Uranium
Recovery Project in Custer and Fall River Counties, South Dakota,''
FONSI, and ``Final Programmatic Agreement Among the U.S. Nuclear
Regulatory Commission, U.S. Bureau of Land Management, U.S.
[[Page 36624]]
Environmental Protection Agency, South Dakota State Historic
Preservation Office, and Powertech (USA), Inc. Regarding the Dewey-
Burdock In Situ Uranium Recovery Project Located in Custer and Fall
River Counties, South Dakota.'' The NRC also prepared a Safety
Evaluation Report in December 2025.
II. Introduction
The NRC is considering the renewal of source and byproduct
materials license SUA-1600 for Powertech USA, Inc.'s (Powertech or
licensee) Dewey-Burdock ISR project in Custer and Fall River counties,
South Dakota, for an additional 20 years. Powertech plans to recover
uranium from the ore body and produce yellowcake using the ISR process.
Yellowcake, the uranium oxide product of the ISR process, is used in
the production of fuel for commercially operated nuclear power
reactors. The NRC staff has prepared an EA for this proposed licensing
action in accordance with NRC regulations in part 51 of title 10 of the
Code of Federal Regulations (10 CFR), ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
which implement the National Environmental Policy Act of 1969, as
amended (NEPA). Based on the EA, the NRC has concluded that a FONSI is
appropriate. Therefore, in accordance with section 10 CFR 51.31(a),
``Determinations based on environmental assessment,'' preparation of an
environmental impact statement is not warranted for the proposed
action, and the NRC is issuing a FONSI.
On June 4, 2026, the NRC executed a PA to satisfy its obligations
under Section 106 of the National Historic Preservation Act of 1966, as
amended (NHPA). The NRC determined a phased process for compliance with
Section 106 of the NHPA is appropriate for this proposed action in
accordance with 36 CFR 800.4(b)(2), such that completion of the
reasonable and good faith identification, evaluation, and assessment of
effects on historic properties, and consultation concerning measures to
avoid, minimize, or mitigate any adverse effects will be carried out in
phases. The NRC staff is coordinating its review under the Section 106
of the NHPA with this NEPA review because the scope of the historic and
cultural resources impacts analysis and the path forward used for
conducting the analysis under NEPA and Section 106 process are the
same. The NRC EA and FONSI, therefore, incorporate by reference the PA.
III. Summary of the Environmental Assessment
Description of the Proposed Action
The proposed action is for the NRC to decide whether to renew
Powertech's source and byproduct material license SUA-1600 for the
Dewey-Burdock ISR project in Custer and Fall River counties, South
Dakota, for an additional 20 years. The NRC will renew license SUA-
1600, under 10 CFR part 40, ``Domestic Licensing of Source Material,''
if the NRC concludes that Powertech has demonstrated it will continue
to meet NRC requirements for construction and operation of an ISR
facility at the Dewey-Burdock ISR site.
Under the proposed action, Powertech plans to recover uranium from
the ore body and produce yellowcake using the ISR process. Yellowcake,
the uranium oxide product of the ISR process, is used in the production
of fuel for commercially operated nuclear power reactors. The project
would consist of processing facilities and sequentially developed
wellfields in the two contiguous areas: Dewey area and Burdock area.
The facilities would include wellfields, a satellite ion exchange (IX)
process plant located within the Dewey area, an IX processing plant
along with the central IX resin processing plant to be located at the
central processing plant in the Burdock area, and associated
infrastructure (e.g., pipelines and surface impoundments). For disposal
of liquid byproduct waste, Powertech plans to use Class V deep
injection wells, land application areas, or a combination of these two
methods. The Dewey-Burdock ISR project, however, has not been
constructed.
Purpose and Need for the Proposed Action
The purpose and need for the proposed action is to renew license
SUA-1600 for 20 years to authorize Powertech to possess and use source
material and byproduct material for its plans to operate a commercial-
scale ISR facility at the Dewey-Burdock site. This definition of
`purpose and need' reflects the Commission's recognition that, unless
there are negative findings in the NRC's safety review required by the
Atomic Energy Act of 1954, as amended, or findings under NEPA that
would lead the NRC to reject Powertech's license renewal application,
the NRC has no role in a company's business decision to construct and
operate an ISR facility at a particular location.
Environmental Impacts of the Proposed Action
The NRC staff has assessed the potential environmental impacts of
the proposed action. The results of the NRC's environmental review can
be found in the EA. The NRC staff assessed the potential impacts on
land use; visual and scenic resources; noise air quality; geology and
soils; water resources; ecological resources; historic and cultural
resources; socioeconomics; transportation; public and occupational
health and safety; and waste management. The NRC staff relied, as
appropriate, on NRC's Supplement 4 of NUREG-1910, ``Environmental
Impact Statement for the Dewey-Burdock Project in Custer and Fall River
Counties, South Dakota: Supplement to the Generic Environmental Impact
Statement for In-Situ Leach Uranium Milling Facilities--Final Report''.
This supplemental environmental impact statement (SEIS) is a supplement
to the NRC's 2009 generic environmental impact statement, NUREG-1910,
``Generic Environmental Impact Statement for Uranium Milling
Facilities--Final Report,'' or ISR Generic Environmental Impact
Statement (GEIS). The SEIS documents the NRC's evaluation of potential
environmental impacts from construction, operation, aquifer
restoration, and decommissioning of the Dewey-Burdock ISR project under
both liquid waste disposal options, Class V deep injection wells and
land application.
The project area encompasses 4,282 hectares (10,580 acres);
however, the entire project area would not be disturbed. Approximately
13.2 percent of the project area would be disturbed if Powertech uses
the land application option for disposal of liquid wastes, and 2.3
percent if Powertech uses Class V injection well for liquid waste
disposal. After operations at a wellfield cease, Powertech would begin
aquifer restoration to return groundwater quality within the production
zone of wellfields to the preoperational water quality conditions or to
standards consistent with NRC requirements at 10 CFR part 40, Appendix
A, Criterion 5B(5). Groundwater in the production zone aquifer would
also have to be restored to State of South Dakota's standards. After
groundwater restoration, Powertech would proceed with reclamation and
decommissioning. The goal of reclamation and decommissioning is to
return disturbed lands back to their pre-production land use.
[[Page 36625]]
Non-radiological air emission impacts from the Dewey-Burdock ISR
project would primarily involve fugitive dust from vehicles traveling
on unpaved roads and wind erosion, and combustion engine emissions from
vehicles and diesel equipment. The construction phase would generate
the highest levels of fugitive dust relative to the other phases (i.e.,
operations, aquifer restoration, and decommissioning). The construction
phase would also generate the highest levels of sulfur dioxide,
nitrogen oxides, and carbon monoxide from mobile sources when compared
to the other phases. In the EA, the NRC staff concluded that total
pollutant concentrations for all criteria pollutants from stationary,
mobile, and fugitive dust sources would be below the National Ambient
Air Quality Standards thresholds established by the U.S. Environmental
Protection Agency (EPA).
Soils would be impacted during construction of the Dewey-Burdock
ISR project under both the Class V injection well and land application
liquid waste disposal options. However, these impacts are anticipated
to be small based on how Powertech plans to manage soil erosion and
compaction, and construction of mud pits and pipeline ditches. Soils
can also be impacted by spills and leaks. Powertech would monitor and
record wellfield and pipeline flow and pressure to detect unexpected
losses of pressure due to equipment failure, a leak, or a problem with
well integrity. Powertech would minimize pipeline failure by burying
the pipeline below the frost line and using corrosion free high-density
polyethylene or similar piping. Similarly, radium settling and holding
ponds would include a leak detection system. During land application,
there could be potential impacts to the soil and crops from total
dissolved solids and electrical conductivity values in the water to be
used for irrigation. During the irrigation season, Powertech would
adjust water application rates to optimize both evaporation and crop
production. The NRC also requires Powertech to conduct pre-operational
and operational sampling of land application areas and the surrounding
environment.
Powertech does not anticipate direct disturbance to any potential
wetlands or water sources. Should the project involve an impact to a
jurisdictional wetland or water source in the future, Powertech would
take the appropriate actions in accordance with Section 404 of the
Clean Water Act. Compliance with a 404 permit would ensure that any
impacts to federal jurisdictional wetlands are appropriately managed.
Powertech does not plan to discharge process effluents to surface
waters during construction, operation, or decommissioning of the
facility. The only discharge to surface water that Powertech
anticipates is stormwater. Powertech would seek coverage under South
Dakota's General Permit Authorizing Stormwater Discharges Associated
with Construction Activities (General Permit), which requires a Storm
Water Pollution Prevention Plan. Powertech would also need to obtain a
general industrial stormwater permit during operations, which also
requires a Storm Water Pollution Prevention Plan. Powertech plans to
remove all domestic wells within the project area and all stock wells
from private use within 0.4 kilometer (0.25 miles) of wellfields. It
would notify the well owner prior to removing any well from private use
and work with the well owner to determine whether a replacement well or
alternate water supply is needed. The NRC staff also concluded that the
impact from excursions during operations would be small because (1)
Powertech would be required to submit wellfield operational plans for
NRC and EPA approval, (2) Powertech would maintain inward hydraulic
gradients to ensure groundwater flow is toward the production zone, and
(3) Powertech will conduct operational groundwater monitoring to ensure
that groundwater quality in aquifers outside exempted zones is not
impacted by operations. Impacts from vertical excursions would also be
small because (1) uranium-bearing production zones in the Fall River
and Chilson aquifers are hydrologically isolated from adjacent aquifers
by thick, low permeability shale layers; (2) a prevailing upward
hydraulic gradient occurs across the major aquifers; (3) mechanical
integrity tests would be performed on wells, and (4) Powertech's
commitment to properly plugging and abandoning or mitigating any
previously drilled wells and exploration holes that may potentially
impact the control and containment of wellfield solutions.
Based on historical data from the ISR operation, described in the
NRC's ISR GEIS, the NRC staff found that impacts from normal ISR
operations would be small. The Dewey-Burdock ISR project operations are
not anticipated to be different than the operations evaluated in the
NRC's ISR GEIS.
Powertech would dispose of liquid byproduct material via either
Class V injection well, land application, or a combination of both
options. Before disposal, Powertech would treat liquid byproduct
material on-site using IX to remove the uranium, mixing with barium
chloride, and discharging into lined radium settling ponds, which would
reduce radionuclide activities below the NRC limits in 10 CFR part 20,
Appendix B, Table 2. Disposal via Class V injection wells would be
conducted in accordance with the EPA Class V injection well permit for
the Dewey-Burdock ISR project. Land application would be carried out
under a Groundwater Discharge Plan to be issued by the State of South
Dakota. The EPA also issued an aquifer exemption and a Class III well
permit.
Solid byproduct material does not meet the NRC criteria for
unrestricted release and must be disposed of at a licensed disposal
site in accordance with 10 CFR part 40, Appendix A, Criterion 2.
Condition 12.6 of license SUA-1600 requires that Powertech obtain a
solid byproduct material disposal agreement to ensure the availability
of sufficient disposal capacity prior to operations.
In accordance with the Endangered Species Act, the NRC staff
evaluated potential impacts to federally protected ecological resources
that may result from the proposed action. The U.S. Fish and Wildlife
Service concurred with NRC staff's effect determinations of ``may
affect but is not likely to adversely affect'' the northern long-eared
bat, tricolored bat, monarch butterfly, and western regal fritillary.
While there could be adverse effects to historic and cultural
resources from the proposed licensed activities at the Dewey-Burdock
ISR project during the proposed license renewal term, the NRC staff
executed a PA on June 4, 2026, in accordance with NHPA Section 106 to
require avoidance and adverse effect mitigation if avoidance is not
possible.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed license renewal for the Dewey-
Burdock ISR project, the NRC considered the no-action alternative.
Under the no-action alternative, the NRC would not renew license SUA-
1600. Consequently, Powertech would not be able to pursue construction
and operation of the Dewey-Burdock ISR project. There would be no
environmental impacts on land use, transportation, geology and soils,
air quality, water resources, ecological resources, noise, historic and
cultural resources, visual and scenic resources, waste management, and
public and occupational health and safety. The NRC staff found that
construction and operation of the Dewey-Burdock ISR project would
result in benefits to local finance from
[[Page 36626]]
increased employment, economic activity, and tax revenues. Accordingly,
these local socioeconomic benefits would not be realized under the no-
action alternative. Additionally, under the no-action alternative, this
critical minerals mining project would not be available to support the
U.S. nuclear fuel supply chain with domestically produced uranium.
Agencies and Persons Consulted
On April 23, 2026, the NRC provided the draft EA to the State of
South Dakota's Department of Agriculture and Natural Resources
(SDDANR), the U.S. Bureau of Land Management (BLM), and the EPA for
review and comment. SDDANR responded on May 22, 2026, with comments
regarding the scope and status of the unique lands determination,
large-scale mine permit, air quality permit, water appropriations
permit, Groundwater Discharge Plan, waste management permit, and
wetlands permit. BLM provided comments on May 22, 2026, which provided
clarifications regarding BLM's review of the Plan of Operations. The
NRC staff addressed all these comments in the EA. The NRC and BLM also
cooperated with each other on each agency's corresponding NEPA
environmental review in accordance with the ``Memorandum of
Understanding between the Bureau of Land Management, Department of the
Interior, and the Nuclear Regulatory Commission, an Independent
Agency.''
As part of the NRC's Section 106 process for the proposed renewal
of the license for the Dewey-Burdock ISR project, the NRC staff
consulted with the South Dakota State Historic Preservation Office,
BLM, EPA, Powertech, 25 Federally recognized Tribes, and NDN
Collective. BLM and EPA designated the NRC as the lead agency for
compliance with requirements of Section 106 of the NHPA.
IV. Finding of No Significant Impact
In accordance with the requirements in 10 CFR part 51, the NRC
staff has concluded that the proposed action will not significantly
affect the quality of the human environment. Therefore, the NRC staff
has determined, pursuant to 10 CFR 51.31, ``Determinations based on
environmental assessment,'' that preparation of an EIS is not required
for the proposed action, and pursuant to 10 CFR 51.32, ``Finding of no
significant impact,'' a FONSI is appropriate. Consistent with 10 CFR
51.32(a)(4), this FONSI incorporates the EA set forth in this notice by
reference.
V. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Adams Accession No./Web Link/Federal
Document Register Citation
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NUREG-1910, ``Generic ML091530075 (Package).
Environmental Impact Statement
for Uranium Milling Facilities--
Final Report,'' dated May 2009.
Memorandum of Understanding ML13072A778.
between the Bureau of Land
Management, Department of the
Interior, and the Nuclear
Regulatory Commission, and
Independent Agency, dated
February 14, 2013.
Supplement 4 of NUREG-1910, ML14024A477 (Volume 1)
``Environmental Impact Statement ML14024A478 (Volume 2).
for the Dewey-Burdock Project in
Custer and Fall River Counties,
South Dakota: Supplement to the
Generic Environmental Impact
Statement for In-Situ Leach
Uranium Milling Facilities--Final
Report,'' dated January 31, 2014.
Powertech USA, Inc. License ML25091A216 (Package).
Renewal Application for the Dewey-
Burdock In Situ Uranium Recovery
Project Located in Custer and
Fall River Counties, South
Dakota, dated March 31, 2025.
U.S. Bureau of Land Management ML25071A049.
Letter, ``Section 106
Consultation Process for
Powertech's License Renewal
Application for the Dewey-Burdock
ISR Project in Custer and Fall
River Counties, South Dakota,''
dated March 6, 2025.
U.S. Environmental Protection ML25335A023.
Agency, Region 8, Letter,
``Section 106 Process for the
Dewey-Burdock Uranium Recovery
Project,'' dated November 14,
2025.
Final Programmatic Agreement Among ML26159A166 (Package).
the U.S. Nuclear Regulatory
Commission, U.S. Bureau of Land
Management, U.S. Environmental
Protection Agency, South Dakota
State Historic Preservation
Office, and Powertech (USA), Inc.
Regarding the Dewey-Burdock In
Situ Uranium Recovery Project
Located in Custer and Fall River
Counties, South Dakota, dated
June 4, 2026.
Environmental Assessment for the ML26163A295.
License Renewal for the Dewey-
Burdock Uranium Recovery Project
in Fall River and Custer and Fall
River Counties, South Dakota,
dated June 2026.
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Authority: 42 U.S.C. 2011 et seq.
Dated: June 15, 2026.
For the Nuclear Regulatory Commission.
Robert Sun,
Chief, Environmental Review Materials Branch, Division of Spent Fuel
Storage, and Transportation, Office of Nuclear Material Safety, and
Safeguards.
[FR Doc. 2026-12215 Filed 6-16-26; 8:45 am]
BILLING CODE 7590-01-P