Notice of Availability of Draft Environmental Assessment and Opportunity To Provide Comments for Exemption Request for Lost Creek ISR, LLC, Sweetwater County, WY, 57712-57715 [E9-26908]
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Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices
or other parts your body from the side
or to the front of this chair while it is
in motion.’’
16. Exclusion Zone
The applicant must/would:
(a) Establish a clearly designated
exclusion zone around the bottom
landing of the hoist system; and
(b) Prohibit any worker from entering
the exclusion zone except to access a
personnel- or material-transport device,
and then only when the device is at the
bottom landing and not in operation
(i.e., when the drive components of the
hoist machine are disengaged and the
braking mechanism is properly applied).
17. Inspections, Tests, and Accident
Prevention
(a) The applicant must/would:
(i) Conduct inspections of the hoist
system as required by 29 CFR
1926.20(b)(2);
(ii) Ensure that a competent person
conducts daily visual inspections of the
hoist system; and
(iii) Inspect and test the hoist system
as specified by 29 CFR 1926.552(c)(15).
(b) The applicant must/would comply
with the accident prevention
requirements of 29 CFR 1926.20(b)(3).
18. Welding
(a) The applicant must/would ensure
that only qualified welders weld
components of the hoisting system.
(b) The applicant must/would ensure
that the qualified welders:
(i) Are familiar with the weld grades,
types, and materials specified in the
design of the system; and
(ii) Perform the welding tasks in
accordance with 29 CFR part 1926,
subpart J (‘‘Welding and Cutting’’).
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19. OSHA Notification
(a) At least 15 calendar days prior to
commencing any chimney construction
operation using the conditions specified
herein, the applicant must/would notify
the OSHA Area Office nearest to the
worksite, or the appropriate State Plan
Office, of the operation, including the
location of the operation and the date
the operation will commence;
(b) The applicant must/would inform
OSHA national headquarters as soon as
it has knowledge that it will:
(i) Cease to do business; or
(ii) Transfer the activities covered by
this permanent variance to a successor
company.
V. Authority and Signature
Jordan Barab, Acting Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, 200 Constitution Ave., NW.,
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16:52 Nov 06, 2009
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Washington, DC directed the
preparation of this notice. This notice is
issued under the authority specified by
Section 6(d) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 655),
Secretary of Labor’s Order No. 5–2007
(72 FR 31160), and 29 CFR part 1905.
Signed at Washington, DC, on November 2,
2009.
Jordan Barab,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. E9–26930 Filed 11–6–09; 8:45 am]
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expiration date); employer/affiliation
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attendees should provide identifying
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Dr. Miller via e-mail at
j.d.miller@nasa.gov or by telephone at
(202) 358–1527 by December 2, 2009.
It is imperative that the meeting be
held on this date to accommodate the
scheduling priorities of the key
participants.
Dated: November 3, 2009.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. E9–26907 Filed 11–6–09; 8:45 am]
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NASA International Space Station
Advisory Committee; Meeting
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of meeting.
AGENCY:
SUMMARY: In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
announces an open meeting of the
NASA International Space Station
Advisory Committee.
DATES: December 11, 2009, 1–2 p.m.
Eastern Standard Time.
ADDRESSES: National Aeronautics and
Space Administration Headquarters, 300
E Street, SW., Room 7H45, Washington,
DC 20546.
FOR FURTHER INFORMATION CONTACT: Dr.
J. Donald Miller, Office of External
Relations, (202) 358–1527, National
Aeronautics and Space Administration,
Washington, DC 20546–0001.
SUPPLEMENTARY INFORMATION: This
meeting will be open to the public up
to the seating capacity of the room. Five
seats will be reserved for members of
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support a six-person crew aboard the
International Space Station, including
transportation, crew rotation, training,
and micro meteoroid and orbital debris
shielding. Attendees will be requested
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information (number, country,
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–9068; NRC–2009–0391]
Notice of Availability of Draft
Environmental Assessment and
Opportunity To Provide Comments for
Exemption Request for Lost Creek ISR,
LLC, Sweetwater County, WY
AGENCY: U.S. Nuclear Regulatory
Commission.
ACTION: Notice of availability.
DATES: Comments regarding this draft
Environmental Assessment must be
received by December 9, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen J. Cohen, Team Leader,
Uranium Recovery Licensing Branch,
Division of Waste Management and
Environmental Protection, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC, 20555. Telephone:
(301) 401–7182; fax number: (301) 415–
5369; e-mail: stephen.cohen@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Nuclear Regulatory Commission (NRC)
staff, pursuant to 10 CFR 51.33, is
publishing a draft environmental
assessment (EA) for public review and
comment. The draft EA pertains to the
planned issuance of an exemption from
the commencement of construction
requirements in 10 CFR 40.32(e) to Lost
Creek ISR, LLC. The request for this
exemption was submitted to the NRC
staff on July 2, 2009. Also pending
before the NRC is Lost Creek’s earlier
license application for authorization to
operate an in situ recovery (ISR)
uranium milling facility in Sweetwater
County, Wyoming. Issuance of the
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requested exemption would authorize
Lost Creek ISR, LLC to conduct certain
site preparation activities at, and in, the
vicinity of its proposed ISR site. Based
on the draft EA, presented below, the
NRC staff proposes to make a Finding of
No Significant Impact (FONSI)
regarding the requested exemption.
Draft Environmental Assessment
1.0
Introduction
By letter dated July 2, 2009, Lost
Creek ISR, LLC (the Applicant)
submitted an exemption request (LCI,
2009) to the NRC. The Applicant seeks
an exemption from the ‘‘commencement
of construction’’ provisions of 10 CFR
40.32(e) for certain activities described
in its exemption request. The Applicant
had initially submitted an application
for a new source material license on
October 30, 2007 (LCI, 2007), for a
proposed in situ recovery (ISR) facility
in Sweetwater County, Wyoming. After
being withdrawn, the application for
authorization to conduct uranium
milling operations was resubmitted on
March 28, 2008, and is still under NRC
review (LCI, 2008).
The NRC staff is considering issuing
an exemption to the Applicant that
would grant the July 2, 2009, request, in
part. The exemption would authorize
the Applicant to undertake certain site
preparation activities for its proposed
Lost Creek ISR operations before a
decision is made on whether to
authorize uranium milling. Granting
this exemption would not mean that the
NRC has decided to issue an operating
license to the Applicant. The Applicant
would be undertaking these site
preparation activities with the risk that
its license application may later be
denied. The NRC has prepared a draft
EA in support of this exemption in
accordance with the requirements of 10
CFR 51.21. The EA contains the
information required by 10 CFR
51.30(a). Based on this EA, the NRC is
proposing to make a FONSI regarding
the exemption request.
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2.0
Background
On October 9, 2007, the NRC
published its limited work authorization
(LWA) regulations for nuclear power
plants (72 FR 57416). As part of this
final rule, a definition of construction
was added to 10 CFR 51.4. Site
preparation activities that were deemed
not to have a direct nexus to
radiological health and safety were
listed in 10 CFR 51.4 as activities not
included within the ‘‘construction’’
definition. On this point, 10 CFR 51.4
states, in relevant part, that
‘‘construction’’ does not include:
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16:52 Nov 06, 2009
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• Site exploration, including
necessary borings to determine
foundation conditions or other
reconstruction monitoring to establish
background information related to the
suitability of the site, the environmental
impacts of construction or operation, or
the protection of environmental values;
• Preparation of a site for
construction of a facility, including
clearing of the site, grading, installation
of drainage, erosion and other
environmental mitigation measures, and
construction of temporary roads and
borrow areas;
• Erection of fences and other access
control measures;
• Excavation;
• Erection of support buildings (such
as, construction equipment storage
sheds, warehouse and shop facilities,
utilities, concrete mixing plants,
docking and unloading facilities, and
office buildings) for use in connection
with the construction of the facility;
• Building of service facilities, such
as paved roads, parking lots, railroad
spurs, exterior utility and lighting
systems, potable water systems, sanitary
sewerage treatment facilities, and
transmission lines;
However, the LWA rule did not make
a corresponding change to 10 CFR Part
40. Thus, in contrast to the above
portions of 10 CFR 51.4, 10 CFR 40.32(e)
states that, with some limited
exceptions, ‘‘commencement of
construction’’ prior to license issuance
is grounds for license denial. Section
40.32(e) states, in relevant part, as
follows:
The term ‘‘commencement of
construction’’ means any clearing of land,
excavation, or other substantial action that
would adversely affect the environment of a
site. The term does not mean site exploration,
roads necessary for site exploration, borings
to determine foundation conditions, or other
preconstruction monitoring or testing to
establish background information related to
the suitability of the site or the protection of
environmental values.
While this inconsistency in the
regulations exists, the NRC staff will
review exemption requests to consider
whether site preparation activities will
be permitted before an operating license
is issued.
3.0 Proposed Action
The NRC proposes to grant an
exemption that will allow the Applicant
to conduct certain site preparation
activities that are currently allowed
under 10 CFR 51.4, notwithstanding the
10 CFR 40.32(e) provisions discussed
above. The scope of the Applicant’s July
2 exemption request includes the
following 10 items. The NRC staff, as
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part of its safety review of the request,
is considering approving each item on
the list as an exempted activity, except
for part of Item 2 and all of Item 9.
1. Leveling and surfacing of the area
around the plant and maintenance
building.
2. Construction of the plant and
maintenance buildings—maintenance
building construction as approved by
the NRC staff. Construction of the plant
would not be approved because this
activity does not meet the definition of
any activity not considered
‘‘construction’’ under 10 CFR 51.4.
3. Install household septic systems for
the plant and maintenance buildings.
4. Install fence around the plant and
maintenance building area.
5. Upgrade existing road access from
the west to the plant.
6. Upgrade existing road access from
the east to the plant.
7. Install fence for early wellfield area.
8. Install power line to the plant and
maintenance buildings and drillers
shed.
9. Drill and vase up to four deep
wells—This activity would not be
approved by NRC staff because this
activity has a direct nexus to
radiological safety and is, therefore,
considered ‘‘construction’’ under 10
CFR 51.4.
10. Construct a drillers shed and
staging area.
4.0 Purpose and Need for the
Proposed Action
As indicated by the above list, the
Applicant seeks permission to engage in
certain site preparation activities before
it is authorized to conduct uranium
milling operations. The NRC staff
proposes to grant the exemption request,
in part, and allow the Applicant to
begin site preparation activities.
5.0
Scope of Review
This EA is being prepared pursuant to
10 CFR 51.21, which states, ‘‘[a]ll
licensing and regulatory actions subject
to this subpart require an environmental
assessment * * *.’’ The only two
exceptions to this rule are those actions
requiring environmental impact
statements, and those that are
categorically excluded or identified as
otherwise not requiring environmental
review pursuant to 10 CFR 51.22.
Exemptions are not currently covered by
any categorical exclusion, and,
therefore, an EA is required for this
action.
6.0
Alternatives
The staff considered two alternatives
in this EA, granting the request (the
proposed action) and not granting the
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request (the no action alternative). The
no action alternative is to not grant the
exemption and not allow the Applicant
to engage in any site preparation
activities before an operating license is
issued. If the NRC does not grant the
exemption, the Applicant would need to
wait until a decision is made on its
license application request.
preparation activities described in the
July 2 exemption request will not
commence until the Permit to Mine is
issued by WDEQ, or unless such
activities are approved as part of a Drill
Notification or other authorization. The
Applicant expects the Permit to Mine to
be issued by the WDEQ in November of
2009.
7.0 Impacts of the No-Action
Alternative
There are no environmental impacts
of not granting the exemption.
10.0 Agencies Consulted
The NRC staff is currently consulting
with the Wyoming State Historic
Preservation Office, the U.S. Fish and
Wildlife Service (FWS), the BLM, and
the WDEQ regarding the site preparation
activities discussed in this EA.
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8.0 Impacts of the Proposed Action
In preparing this EA, the NRC staff
reviewed the Applicant’s exemption
request to determine if the requested
activities fall within one of the
categories of site preparation activities
that are not ‘‘construction’’ under 10
CFR 51.4. As indicated in Sections 2.0
and 3.0, the staff intends to exempt only
those activities that, pursuant to 10 CFR
51.4, are not ‘‘construction.’’ The
impacts of those activities allowed by
this exemption, which are not
considered to be ‘‘construction’’ under
10 CFR 51.4, are not evaluated in this
EA. However, as reflected in Section 12
below, the staff plans to condition any
exemption approval so as to protect
endangered species and cultural and
historic resources from the effects of site
preparation activities.
The impacts of all site preparation
activities will be evaluated as
cumulative impacts in the supplemental
environmental impact statement (SEIS)
being prepared for this site. The NRC
staff expects to issue the draft SEIS for
comment in December 2009.
9.0 Other Federal and State Agencies
Several regulatory agencies will be
directly involved with the review and
approval of site preparation activities at
the proposed Lost Creek project, as well
as later construction activities. The U.S.
Bureau of Land Management (BLM) will
require that a Plan of Operations and
associated EA be submitted and
approved before allowing any
disturbance greater than five (5) acres.
Part of this process entails a bond
estimate to be submitted to BLM for
approval. BLM currently oversees the
protection of cultural resources and will
continue to do so under all future
construction and operation activities.
The Wyoming Department of
Environmental Quality (WDEQ) will
also have significant oversight of the
construction activities through its mine
permit process. The Permit to Mine
application submitted to WDEQ in
December 2007, describes the facility as
it is intended to be constructed. The site
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16:52 Nov 06, 2009
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11.0 Conclusions
This EA meets the requirements of 10
CFR 51.21. The purpose of this review
was to describe the proposed action and
alternatives to the proposed action.
Impacts associated with the site
preparation activities not considered to
be part of ‘‘construction’’ per 10 CFR
51.4 have not been evaluated for the
reasons discussed above. The NRC staff
concludes there will be no significant
NEPA impacts caused by the action
considered in this EA, because none of
the activities approved by this action are
considered ‘‘construction’’ under 10
CFR 51.4 for purposes of Part 51
environmental analyses. Additionally,
as reflected below, the staff’s approval
will be conditioned to ensure that
endangered species and cultural and
historic resources are protected.
12.0 Protective Conditions
As part of its safety review of the July
2 exemption request, the NRC staff
plans to condition any exemption
approval to ensure that endangered
species and cultural and historic
resources are protected. As drafted,
these conditions include the following:
1. All construction associated with
the proposed development will be
completed in compliance with the
National Historic Preservation Act of
1966 (as amended) and its
implementing regulations (36 CFR Part
800), and the Archaeological Resources
Protection Act of 1979 (as amended) and
its implementing regulations (43 CFR
Part 7). In order to ensure that no
unapproved disturbance of cultural
resources occurs, any work resulting in
the discovery of previously unknown
cultural artifacts shall cease. The
artifacts shall be inventoried and
evaluated in accordance with 36 CFR
Part 800, and no disturbance shall occur
until the Applicant has received
authorization from NRC to proceed.
2. The Applicant will adhere to all
construction restrictions required by the
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WDEQ, BLM, and FWS regarding
disturbances to endangered species
habitat.
13.0 References
Lost Creek ISR, LLC; Application for a
Source Materials License; October
30, 2007; (ADAMS Accession No.
ML073190539).
Lost Creek ISR, LLC; Resubmitted
Application for a Source Materials
License; March 20, 2008; (ADAMS
Accession No. ML081060525).
Lost Creek ISR, LLC; Exemption Request
to Allow Pre-Licensing Activities;
(ADAMS Accession No.
ML091940438).
End of Draft Environmental Assessment
ADDRESSES: The NRC is requesting
comments regarding this draft EA.
Comments must be submitted or
postmarked by December 9, 2009. Please
include Docket ID NRC–2009–0040–
9068 in the subject line of your
comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site
Regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed. You may submit
comments in the following manner:
Electronic Filing through Federal
Rulemaking Web Site: Go to https://
www.regulations.gov and search for
documents filed under Docket ID NRC–
2009–0391. Address questions about
NRC dockets to Carol Gallagher 301–
492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar,
Chief, Rulemaking and Directives
Branch (RDB), Division of
Administrative Services, Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, or by fax to RDB at (301) 492–
3446.
You can access publicly available
documents related to this notice using
the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
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copied for a fee publicly available
documents at the NRC’s PDR, Public
File Area 01 F21, One White Flint
North, 11555 Rockville Pike, Rockville,
Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. The Lost Creek
ISR, LLC exemption request is available
electronically under ADAMS Accession
Number ML091940438.
Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2009–0391. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Dated at Rockville, Maryland, this 2nd day
of November 2009.
For the U.S. Nuclear Regulatory
Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and
Uranium Recovery Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. E9–26908 Filed 11–6–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0226]
Office of New Reactors; Final Interim
Staff Guidance on Finalizing Licensing
Basis Information
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AGENCY: Nuclear Regulatory
Commission (NRC).
ACTION: Notice of availability.
SUMMARY: The NRC is issuing its Final
Interim Staff Guidance (ISG) DC/COL–
ISG–011 (Agencywide Documents
Access and Management System
(ADAMS) Accession No.
ML092890623). This ISG is to clarify the
NRC staff position on finalizing
licensing basis information at a point
during the licensing review, a so-called
freeze point, and the control of licensing
basis information during and following
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16:52 Nov 06, 2009
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the initial review of applications for
design certifications (DCs) or combined
licenses (COLs). The NRC staff issues
COL/DC–ISGs to facilitate timely
implementation of current staff
guidance and to facilitate activities
associated with review of applications
for DCs and COLs by the Office of New
Reactors (NRO). The NRC staff intends
to incorporate the final approved DC/
COL–ISG–011 into the next revision of
Regulatory Guide 1.206, ‘‘Combined
License Applications for Nuclear Power
Plants.’’
Disposition: On May 28, 2009, the
NRC staff issued the proposed ISG on
‘‘Finalizing Licensing Basis
Information,’’ ADAMS Accession No.
ML090550772. There were no
comments received on the proposed
ISG. Therefore, the guidance is issued as
final without any changes to the
proposed notification as above.
ADDRESSES: The NRC maintains
ADAMS which provides text and image
files of NRC’s public documents. These
documents may be accessed through the
NRC’s Public Electronic Reading Room
on the Internet at https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS, or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC Public Document
reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail at
pdr.resource@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
William D. Reckley, Chief, Advanced
Reactors Branch 1, Advanced Reactor
Program, Office of the New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone
at 301–415–7490 or e-mail at
william.reckley@nrc.gov.
SUPPLEMENTARY INFORMATION: The
agency posts its issued staff guidance in
the agency external Web page (https://
www.nrc.gov/reading-rm/doccollections/isg/).
Dated at Rockville, Maryland, this 2nd day
of November 2009.
For the Nuclear Regulatory Commission.
William F. Burton,
Branch Chief, Rulemaking and Guidance
Development Branch, Division of New Reactor
Licensing, Office of New Reactors.
[FR Doc. E9–26909 Filed 11–6–09; 8:45 am]
BILLING CODE 7590–01–P
57715
the Paperwork Reduction Act of 1995
which provides opportunity for public
comment on new or revised data
collections, the Railroad Retirement
Board (RRB) will publish periodic
summaries of proposed data collections.
Comments are invited on: (a) Whether
the proposed information collection is
necessary for the proper performance of
the functions of the agency, including
whether the information has practical
utility; (b) the accuracy of the RRB’s
estimate of the burden of the collection
of the information; (c) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden related to
the collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Title and purpose of information
collection:
Job Information Report, OMB 3220–
0193
In July of 1997, the Railroad
Retirement Board (RRB) adopted
standards for the adjudication of
occupational disabilities under the
Railroad Retirement Act (RRA). As part
of these standards, the RRB requests job
information to determine an applicant’s
eligibility for an occupational disability.
The job information received from the
railroad employer and railroad
employee is compared, reconciled (if
needed), and then used in the
occupational disability determination
process. The process of obtaining
information from railroad employers
used to determine an applicant’s
eligibility for an occupational disability
is outlined in 20 CFR 220.13(b)(2)(e).
To determine an occupational
disability, the RRB determines if an
employee is precluded from performing
the full range of duties of his or her
regular railroad occupation. This is
accomplished by comparing the
restrictions on impairment(s) causes
against an employee’s ability to perform
his/her normal duties. To collect
information needed to determine the
effect of a disability on an applicant’s
ability to work, the RRB needs the
applicant’s work history. The RRB
currently utilizes Form G–251,
Vocational Report (OMB 3220–0141), to
obtain this information from the
employee applicant.
Proposed Collection; Comment
Request
Note: Form G–251 is provided to all
applicants for employee disability annuities
and to those applicants for a widow(er)’s
disability annuity who indicate that they
have been employed at some time.
Summary: In accordance with the
requirement of Section 3506 (c)(2)(A) of
In accordance with the standards, the
RRB also requests pertinent job
RAILROAD RETIREMENT BOARD
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]]>Agencies
[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Notices]
[Pages 57712-57715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26908]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9068; NRC-2009-0391]
Notice of Availability of Draft Environmental Assessment and
Opportunity To Provide Comments for Exemption Request for Lost Creek
ISR, LLC, Sweetwater County, WY
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Notice of availability.
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DATES: Comments regarding this draft Environmental Assessment must be
received by December 9, 2009.
FOR FURTHER INFORMATION CONTACT: Stephen J. Cohen, Team Leader, Uranium
Recovery Licensing Branch, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC, 20555. Telephone: (301) 401-7182; fax number: (301)
415-5369; e-mail: stephen.cohen@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC)
staff, pursuant to 10 CFR 51.33, is publishing a draft environmental
assessment (EA) for public review and comment. The draft EA pertains to
the planned issuance of an exemption from the commencement of
construction requirements in 10 CFR 40.32(e) to Lost Creek ISR, LLC.
The request for this exemption was submitted to the NRC staff on July
2, 2009. Also pending before the NRC is Lost Creek's earlier license
application for authorization to operate an in situ recovery (ISR)
uranium milling facility in Sweetwater County, Wyoming. Issuance of the
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requested exemption would authorize Lost Creek ISR, LLC to conduct
certain site preparation activities at, and in, the vicinity of its
proposed ISR site. Based on the draft EA, presented below, the NRC
staff proposes to make a Finding of No Significant Impact (FONSI)
regarding the requested exemption.
Draft Environmental Assessment
1.0 Introduction
By letter dated July 2, 2009, Lost Creek ISR, LLC (the Applicant)
submitted an exemption request (LCI, 2009) to the NRC. The Applicant
seeks an exemption from the ``commencement of construction'' provisions
of 10 CFR 40.32(e) for certain activities described in its exemption
request. The Applicant had initially submitted an application for a new
source material license on October 30, 2007 (LCI, 2007), for a proposed
in situ recovery (ISR) facility in Sweetwater County, Wyoming. After
being withdrawn, the application for authorization to conduct uranium
milling operations was resubmitted on March 28, 2008, and is still
under NRC review (LCI, 2008).
The NRC staff is considering issuing an exemption to the Applicant
that would grant the July 2, 2009, request, in part. The exemption
would authorize the Applicant to undertake certain site preparation
activities for its proposed Lost Creek ISR operations before a decision
is made on whether to authorize uranium milling. Granting this
exemption would not mean that the NRC has decided to issue an operating
license to the Applicant. The Applicant would be undertaking these site
preparation activities with the risk that its license application may
later be denied. The NRC has prepared a draft EA in support of this
exemption in accordance with the requirements of 10 CFR 51.21. The EA
contains the information required by 10 CFR 51.30(a). Based on this EA,
the NRC is proposing to make a FONSI regarding the exemption request.
2.0 Background
On October 9, 2007, the NRC published its limited work
authorization (LWA) regulations for nuclear power plants (72 FR 57416).
As part of this final rule, a definition of construction was added to
10 CFR 51.4. Site preparation activities that were deemed not to have a
direct nexus to radiological health and safety were listed in 10 CFR
51.4 as activities not included within the ``construction'' definition.
On this point, 10 CFR 51.4 states, in relevant part, that
``construction'' does not include:
Site exploration, including necessary borings to determine
foundation conditions or other reconstruction monitoring to establish
background information related to the suitability of the site, the
environmental impacts of construction or operation, or the protection
of environmental values;
Preparation of a site for construction of a facility,
including clearing of the site, grading, installation of drainage,
erosion and other environmental mitigation measures, and construction
of temporary roads and borrow areas;
Erection of fences and other access control measures;
Excavation;
Erection of support buildings (such as, construction
equipment storage sheds, warehouse and shop facilities, utilities,
concrete mixing plants, docking and unloading facilities, and office
buildings) for use in connection with the construction of the facility;
Building of service facilities, such as paved roads,
parking lots, railroad spurs, exterior utility and lighting systems,
potable water systems, sanitary sewerage treatment facilities, and
transmission lines;
However, the LWA rule did not make a corresponding change to 10 CFR
Part 40. Thus, in contrast to the above portions of 10 CFR 51.4, 10 CFR
40.32(e) states that, with some limited exceptions, ``commencement of
construction'' prior to license issuance is grounds for license denial.
Section 40.32(e) states, in relevant part, as follows:
The term ``commencement of construction'' means any clearing of
land, excavation, or other substantial action that would adversely
affect the environment of a site. The term does not mean site
exploration, roads necessary for site exploration, borings to
determine foundation conditions, or other preconstruction monitoring
or testing to establish background information related to the
suitability of the site or the protection of environmental values.
While this inconsistency in the regulations exists, the NRC staff
will review exemption requests to consider whether site preparation
activities will be permitted before an operating license is issued.
3.0 Proposed Action
The NRC proposes to grant an exemption that will allow the
Applicant to conduct certain site preparation activities that are
currently allowed under 10 CFR 51.4, notwithstanding the 10 CFR
40.32(e) provisions discussed above. The scope of the Applicant's July
2 exemption request includes the following 10 items. The NRC staff, as
part of its safety review of the request, is considering approving each
item on the list as an exempted activity, except for part of Item 2 and
all of Item 9.
1. Leveling and surfacing of the area around the plant and
maintenance building.
2. Construction of the plant and maintenance buildings--maintenance
building construction as approved by the NRC staff. Construction of the
plant would not be approved because this activity does not meet the
definition of any activity not considered ``construction'' under 10 CFR
51.4.
3. Install household septic systems for the plant and maintenance
buildings.
4. Install fence around the plant and maintenance building area.
5. Upgrade existing road access from the west to the plant.
6. Upgrade existing road access from the east to the plant.
7. Install fence for early wellfield area.
8. Install power line to the plant and maintenance buildings and
drillers shed.
9. Drill and vase up to four deep wells--This activity would not be
approved by NRC staff because this activity has a direct nexus to
radiological safety and is, therefore, considered ``construction''
under 10 CFR 51.4.
10. Construct a drillers shed and staging area.
4.0 Purpose and Need for the Proposed Action
As indicated by the above list, the Applicant seeks permission to
engage in certain site preparation activities before it is authorized
to conduct uranium milling operations. The NRC staff proposes to grant
the exemption request, in part, and allow the Applicant to begin site
preparation activities.
5.0 Scope of Review
This EA is being prepared pursuant to 10 CFR 51.21, which states,
``[a]ll licensing and regulatory actions subject to this subpart
require an environmental assessment * * *.'' The only two exceptions to
this rule are those actions requiring environmental impact statements,
and those that are categorically excluded or identified as otherwise
not requiring environmental review pursuant to 10 CFR 51.22. Exemptions
are not currently covered by any categorical exclusion, and, therefore,
an EA is required for this action.
6.0 Alternatives
The staff considered two alternatives in this EA, granting the
request (the proposed action) and not granting the
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request (the no action alternative). The no action alternative is to
not grant the exemption and not allow the Applicant to engage in any
site preparation activities before an operating license is issued. If
the NRC does not grant the exemption, the Applicant would need to wait
until a decision is made on its license application request.
7.0 Impacts of the No-Action Alternative
There are no environmental impacts of not granting the exemption.
8.0 Impacts of the Proposed Action
In preparing this EA, the NRC staff reviewed the Applicant's
exemption request to determine if the requested activities fall within
one of the categories of site preparation activities that are not
``construction'' under 10 CFR 51.4. As indicated in Sections 2.0 and
3.0, the staff intends to exempt only those activities that, pursuant
to 10 CFR 51.4, are not ``construction.'' The impacts of those
activities allowed by this exemption, which are not considered to be
``construction'' under 10 CFR 51.4, are not evaluated in this EA.
However, as reflected in Section 12 below, the staff plans to condition
any exemption approval so as to protect endangered species and cultural
and historic resources from the effects of site preparation activities.
The impacts of all site preparation activities will be evaluated as
cumulative impacts in the supplemental environmental impact statement
(SEIS) being prepared for this site. The NRC staff expects to issue the
draft SEIS for comment in December 2009.
9.0 Other Federal and State Agencies
Several regulatory agencies will be directly involved with the
review and approval of site preparation activities at the proposed Lost
Creek project, as well as later construction activities. The U.S.
Bureau of Land Management (BLM) will require that a Plan of Operations
and associated EA be submitted and approved before allowing any
disturbance greater than five (5) acres. Part of this process entails a
bond estimate to be submitted to BLM for approval. BLM currently
oversees the protection of cultural resources and will continue to do
so under all future construction and operation activities.
The Wyoming Department of Environmental Quality (WDEQ) will also
have significant oversight of the construction activities through its
mine permit process. The Permit to Mine application submitted to WDEQ
in December 2007, describes the facility as it is intended to be
constructed. The site preparation activities described in the July 2
exemption request will not commence until the Permit to Mine is issued
by WDEQ, or unless such activities are approved as part of a Drill
Notification or other authorization. The Applicant expects the Permit
to Mine to be issued by the WDEQ in November of 2009.
10.0 Agencies Consulted
The NRC staff is currently consulting with the Wyoming State
Historic Preservation Office, the U.S. Fish and Wildlife Service (FWS),
the BLM, and the WDEQ regarding the site preparation activities
discussed in this EA.
11.0 Conclusions
This EA meets the requirements of 10 CFR 51.21. The purpose of this
review was to describe the proposed action and alternatives to the
proposed action. Impacts associated with the site preparation
activities not considered to be part of ``construction'' per 10 CFR
51.4 have not been evaluated for the reasons discussed above. The NRC
staff concludes there will be no significant NEPA impacts caused by the
action considered in this EA, because none of the activities approved
by this action are considered ``construction'' under 10 CFR 51.4 for
purposes of Part 51 environmental analyses. Additionally, as reflected
below, the staff's approval will be conditioned to ensure that
endangered species and cultural and historic resources are protected.
12.0 Protective Conditions
As part of its safety review of the July 2 exemption request, the
NRC staff plans to condition any exemption approval to ensure that
endangered species and cultural and historic resources are protected.
As drafted, these conditions include the following:
1. All construction associated with the proposed development will
be completed in compliance with the National Historic Preservation Act
of 1966 (as amended) and its implementing regulations (36 CFR Part
800), and the Archaeological Resources Protection Act of 1979 (as
amended) and its implementing regulations (43 CFR Part 7). In order to
ensure that no unapproved disturbance of cultural resources occurs, any
work resulting in the discovery of previously unknown cultural
artifacts shall cease. The artifacts shall be inventoried and evaluated
in accordance with 36 CFR Part 800, and no disturbance shall occur
until the Applicant has received authorization from NRC to proceed.
2. The Applicant will adhere to all construction restrictions
required by the WDEQ, BLM, and FWS regarding disturbances to endangered
species habitat.
13.0 References
Lost Creek ISR, LLC; Application for a Source Materials License;
October 30, 2007; (ADAMS Accession No. ML073190539).
Lost Creek ISR, LLC; Resubmitted Application for a Source Materials
License; March 20, 2008; (ADAMS Accession No. ML081060525).
Lost Creek ISR, LLC; Exemption Request to Allow Pre-Licensing
Activities; (ADAMS Accession No. ML091940438).
End of Draft Environmental Assessment
ADDRESSES: The NRC is requesting comments regarding this draft EA.
Comments must be submitted or postmarked by December 9, 2009. Please
include Docket ID NRC-2009-0040-9068 in the subject line of your
comments. Comments submitted in writing or in electronic form will be
posted on the NRC Web site and on the Federal rulemaking Web site
Regulations.gov. Because your comments will not be edited to remove any
identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed. You may submit comments in the following manner:
Electronic Filing through Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID
NRC-2009-0391. Address questions about NRC dockets to Carol Gallagher
301-492-3668; e-mail Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar, Chief, Rulemaking and
Directives Branch (RDB), Division of Administrative Services, Office of
Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, or by fax to RDB at (301) 492-
3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
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copied for a fee publicly available documents at the NRC's PDR, Public
File Area 01 F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov. The Lost Creek ISR, LLC exemption request is
available electronically under ADAMS Accession Number ML091940438.
Federal Rulemaking Web Site: Go to https://www.regulations.gov and
search for documents filed under Docket ID NRC-2009-0391. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
Dated at Rockville, Maryland, this 2nd day of November 2009.
For the U.S. Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing
Directorate, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. E9-26908 Filed 11-6-09; 8:45 am]
BILLING CODE 7590-01-P
