Strata Energy, Inc, Kendrick Expansion Area In Situ Uranium Recovery Project, 12143-12146 [2016-05127]
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Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices
H. Review of Grants of Access. A
party other than the requester may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
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standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is so ordered.
Dated at Rockville, Maryland, 16th day of
February 2016.
For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
Acting Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/activity
0 ........................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
A .......................
A + 3 .................
A + 28 ...............
A + 53 ...............
A + 60 ...............
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staff determinations (because they must be served
on a presiding officer or the Commission, as
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Strata Energy, Inc, Kendrick Expansion
Area In Situ Uranium Recovery Project
Nuclear Regulatory
Commission.
AGENCY:
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
17:02 Mar 07, 2016
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
SUMMARY:
[Docket No. 40–9091; NRC–2011–0148]
VerDate Sep<11>2014
The U.S. Nuclear Regulatory
Commission (NRC) received a license
amendment application for License
SUA–1601, by letters dated March 20,
2015, and April 24, 2015, from Strata
Energy, Inc. (Strata). The amendment
application requested authorization to
expand its Ross In Situ Uranium
Recovery (ISR) Project (Ross) to include
the Kendrick expansion area (Kendrick).
The requested amendment would allow
Strata to construct and operate
additional uranium recovery wells at
Kendrick. Kendrick covers
approximately 3,186 hectares (7,784
acres) adjacent to Ross. Ross is located
in Crook County, Wyoming, 43
kilometers (27 miles) northeast of
Gillette, Wyoming and 46 kilometers (29
miles) northwest of Sundance,
Wyoming. A notice of license
Intent to prepare a supplemental
environmental impact statement and
conduct a scoping process; request for
comment.
ACTION:
[FR Doc. 2016–03589 Filed 3–7–16; 8:45 am]
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Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices
amendment request and opportunity to
request a hearing was published in the
Federal Register on February 29, 2016.
DATES: The scoping period begins March
8, 2016 and ends April 22, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2011–0148 when providing
scoping comments or contacting the
NRC about the availability of
information regarding this document.
You may submit scoping comments by
the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2011–0148. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Office of Administration, Mail Stop:
OWFN–12–H08, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
• Email Comments to: You may email
scoping comments to the Project’s email
address: KendrickSEIS@nrc.gov.
Comments must be submitted by
April 22, 2016 to ensure consideration.
For additional direction on accessing
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Jessie Muir Quintero, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–7476; email: Jessie.MuirQuintero@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2011–
0148 when contacting the NRC about
the availability of information regarding
this document. You may obtain
publicly-available information related to
this action by the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2011–0148.
• 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 ‘‘ADAMS
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17:02 Mar 07, 2016
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Public Documents’’ and then select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. For the convenience of the
reader, instructions about obtaining
materials referenced in this document
are provided in a table in the section of
this notice entitle, Availability of
Documents.
• NRC’S PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• Project Web page: Information
related to the Kendrick project can be
accessed on the NRC’s Kendrick Project
Web page at: https://www.nrc.gov/
materials/uranium-recovery/licenseapps/kendrick.html.
B. Submitting Comments
Please include Docket ID NRC–2011–
0148 in your comment submission.
Written comments may be submitted
during the 45-day scoping period as
described in the ADDRESSES section of
the document.
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 posts all comment
submissions at https://
www.regulations.gov as well as entering
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 submissions into
ADAMS.
II. Background
On April 24, 2014, the NRC staff
issued Strata a source and byproduct
material license, SUA–1601, pursuant to
part 40 of title 10 of the Code of Federal
Regulations (10 CFR). License SUA–
1601 authorizes Strata to construct and
operate its Ross ISR project, which
includes ISR wellfields, a central
processing plant (CPP), and ancillary
facilities within the 696-hectare (1,721acre) Ross site located in Crook County,
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Wyoming. Prior to granting Strata SUA–
1601, the NRC staff conducted an
environmental review of the proposed
project and issued a Supplemental
Environmental Impact Statement (SEIS)
for the Ross ISR Project (Ross SEIS,
NUREG–1910, Supplement 5), in
February 2014. The Ross SEIS tiered off
the ISR Generic Environmental Impact
Statement (GEIS, NUREG–1910).
By letters dated March 20, 2015, and
April 24, 2015, Strata requested that the
NRC amend License SUA–1601. The
requested amendment, if granted, would
expand the area of ISR activities to
include the Kendrick expansion area,
which is adjacent to Ross, and allow
Strata to construct and operate
additional uranium ISR wellfields at
Kendrick.
The NRC accepted the license
amendment application for technical
review on January 14, 2016, and
published a notice of opportunity to
request a hearing in the Federal Register
on February 29, 2016 (81 FR 10285).
Strata’s license amendment application,
including an Environmental Report, can
be found on the NRC’s Kendrick project
Web page at: https://www.nrc.gov/
materials/uranium-recovery/licenseapps/kendrick.html.
The purpose of this notice is to: (1)
Inform the public that the NRC staff will
prepare a SEIS to the GEIS as part of its
review of the license amendment
request, and (2) provide the public with
an opportunity to participate in the
environmental scoping process as
defined in 10 CFR 51.29.
III. Environmental Review
Although the NRC typically prepares
Environmental Assessments for source
material license amendments, the NRC
staff is preparing a SEIS for Kendrick
because the Ross SEIS identified several
potential significant impacts related to
historic and cultural resources,
groundwater, transportation, and visual
resources. Therefore, the NRC has
considered it prudent to prepare a SEIS
for this particular license amendment.
The SEIS for Kendrick will be prepared
pursuant to the NRC’s regulations that
implement NEPA. These regulations are
located in ‘‘10 CFR part 51.’’
The Kendrick SEIS will examine the
potential environmental impacts of the
proposed construction, operation,
decommissioning, and aquifer
restoration of the Kendrick expansion
area. The Kendrick SEIS will tier from
and incorporate by reference the GEIS
and the Ross SEIS. The techniques of
tiering and incorporation by reference
are described in 40 CFR 1502.20 and
1508.28, and 40 CFR 1502.21,
respectively, of the Council on
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Environmental Quality’s NEPA
regulations. Accordingly, the SEIS will
rely on information and analyses in the
GEIS and Ross SEIS where appropriate
and focus its more detailed discussions
on the issues specific to Kendrick.
The SEIS will analyze potential
impacts of the proposed action on
historic and cultural resources. In
accordance with 36 CFR 800.8, the NRC
staff is using the NEPA process to
comply with its obligations under
Section 106 of the National Historic
Preservation Act. The NRC initiated
Section 106 consultations beginning in
July 2015, with 26 Indian Tribes, the
U.S. National Park Service—Devils
Tower, the U.S. Bureau of Land
Management (BLM), the Advisory
Council on Historic Preservation, and
the Wyoming State Historic Preservation
Office.
In parallel with the environmental
review, the NRC will be conducting a
safety review. Its findings will be
published in a Safety Evaluation Report.
IV. Kendrick Expansion Area
The NRC’s Federal action is to either
grant or deny Strata’s request for a
license amendment. If the NRC
approves Strata’s request to amend
License SUA–1601, then Strata could
proceed with the proposed project—the
Kendrick expansion—as described in its
license amendment application. With
this expansion, Strata would extract
uranium from the ore body at Kendrick
through the ISR process.
The ISR process involves the
mobilization of uranium from the
mineralized host sandstone rock by
pumping native groundwater containing
oxidants (oxygen or hydrogen peroxide)
and other chemical compounds (e.g.,
sodium bicarbonate) through a series of
injection wells, passing the fluids
through the ore body and then being
extracted to the surface through a series
of production wells. After extraction,
the solution, called ‘‘lixiviant,’’ would
be transported by pipelines to the Ross
CPP for processing. Strata does not
propose to construct or operate
processing plants at Kendrick. After
removal of the uranium by an ionexchange process at the Ross CPP, the
resulting solution would be transported
back to Kendrick by pipeline for re-use
in ISR operations. Uranium removed at
the Ross CPP would be further
processed to produce ‘‘yellowcake,’’
either at the Ross CPP should the dryers
be installed in the future or through the
transfer of uranium-bearing resins for
processing at another licensed facility.
The yellowcake would then be shipped
to a uranium conversion facility which
is the next step in the fuel cycle process
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17:02 Mar 07, 2016
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for developing fuel for commercial
nuclear power plants. Kendrick
wellfields that have completed
operations would be decommissioned
and the affected aquifers restored
concurrently with operation of other
active wellfields.
V. Alternatives To Be Evaluated
The Kendrick SEIS will analyze the
environmental impacts of the proposed
action, the no-action alternative, and
reasonable alternatives. A brief
description of each is provided below.
No-Action—The no-action alternative
would be to deny the license
amendment application. Under this
alternative, the NRC would not issue the
license amendment and no ISR
activities would occur at Kendrick. This
serves as a baseline for comparison.
Proposed action—The proposed
Federal action is to issue a license
amendment authorizing the expansion
of Ross ISR activities to Kendrick. If the
NRC approves the amendment request,
it would issue Strata an amended
license (SUA–1601) under the
provisions of 10 CFR part 40, and Strata
would proceed with the proposed
activities at Kendrick as described in its
license amendment application and
summarized in Section IV.
Alternatives—In its Environmental
Report, Strata identified a potential
alternative involving the construction of
a satellite ion-exchange facility within
Kendrick. Under this alternative,
lixiviant from the proposed Kendrick
wellfields would be pumped to a
satellite facility within Kendrick rather
than to the Ross CPP. At the Kendrick
satellite facility, uranium would be
extracted in ion-exchange columns and
transported to either the Ross CPP or
another licensed facility for processing
into yellowcake. Other alternatives not
listed here may be identified during
scoping or through the environmental
review process.
VI. Scope of the Environmental Review
The NRC will first conduct a scoping
process for the SEIS and as soon as
practicable thereafter, will publish a
draft SEIS, pursuant to the NRC’s NEPA
regulations at 10 CFR part 51, for public
comment. The NRC staff is conducting
a 45-day scoping process for the
Kendrick SEIS. The purpose of this
scoping process is to seek public input
to help the NRC determine the
appropriate scope of the SEIS, including
the alternatives and significant
environmental issues to be analyzed in
depth, as well as those that should be
eliminated from detailed study because
they are peripheral or are not
significant. The NRC staff is planning to
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12145
publish information related to this
action in newspapers serving
communities near the Kendrick site,
requesting information and comments
during the scoping period from the
public. At this time, the NRC is not
planning to hold a public scoping
meeting. The NRC will prepare a
concise summary of its scoping process,
the comments received, as well as the
NRC’s responses. The Scoping Summary
Report will be included in the draft
SEIS as an appendix and sent to each
participant in the scoping process for
whom the staff has an address.
The Kendrick SEIS will cover the
potential impacts from all project
phases: construction, operations, aquifer
restoration, and decommissioning. The
scope of the Kendrick SEIS will
consider both radiological and
nonradiological (including chemical)
impacts associated with the proposed
project and its alternatives. The
Kendrick SEIS will also consider
unavoidable adverse environmental
impacts, the relationship between shortterm uses of resources and long-term
productivity, and irreversible and
irretrievable commitments of resources.
The following resource areas have been
tentatively identified for analysis in the
Kendrick SEIS: land use, transportation,
geology and soils, water resources,
ecological resources, air quality and
climate change, noise, historical and
cultural resources, visual and scenic
resources, socioeconomics, public and
occupational health, waste management,
environmental justice, and cumulative
impacts. This list is not intended to be
exhaustive, nor is it a predetermination
of potential environmental impacts. The
Kendrick SEIS will describe the NRC’s
approach and methodology undertaken
to determine the resource areas that will
be studied in detail.
The NRC encourages members of the
public, local, State, Tribal, and Federal
government agencies to participate in
the scoping process. Written comments
may be submitted during the 45-day
scoping period as described in the
ADDRESSES and SUPPLEMENTARY
INFORMATION section of this document.
To ensure that comments will be
considered in the scoping process,
written comments must be postmarked
or delivered by April 22, 2016. The NRC
staff may, at its discretion, consider
comments after the end of the comment
period. Participation in the scoping
process for the Kendrick SEIS does not
entitle participants to become parties to
any proceeding to which the SEIS
relates.
In addition to requesting scoping
comments through this Federal Register
notice, the NRC staff also intends to
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reach out to interested parties, including
those identified during the
environmental review for the Ross SEIS,
as well as other Federal and State
agencies and Indian Tribes identified
during the Kendrick SEIS process. The
NRC staff seeks to identify, among other
things, all review and consultation
requirements related to the proposed
action, and agencies with jurisdiction by
law or special expertise with respect to
any environmental impact involved or
which is authorized to develop and
enforce relevant environmental
standards. The NRC invites such
agencies to participate in the scoping
process and, as appropriate, cooperate
in the preparation of the SEIS.
The BLM has accepted the NRC’s
request to participate as a cooperating
agency in the preparation of the SEIS.
The BLM has expertise in mineral
management and was a cooperating
agency for the Ross SEIS. The agencies
will cooperate according to the process
set forth in the memorandum of
understanding signed by the NRC and
BLM and published in the Federal
Register on April 01, 2013 (78 FR
19540).
The NRC will continue its
environmental review of Strata’s license
amendment application and, as soon as
practicable, the NRC and its contractor
will prepare and publish a draft SEIS.
The NRC currently plans to have a 45day public comment period for the draft
SEIS. Availability of the draft SEIS and
the dates of the public comment period
will be announced in a future Federal
Register notice. The final SEIS will
include responses to public comments
received on the draft SEIS.
VII. Availability of Documents
The documents identified in this
Federal Register notice are accessible to
interested persons by the means
indicated in either the SUPPLEMENTARY
INFORMATION section of this notice or in
the table below.
Document
Access
NUREG–1910, Generic Environmental Impact Statement for In-Situ
Leach Uranium Milling Facilities (GEIS).
NUREG–1910, Supplement 5, Environmental Impact Statement for the
Ross ISR Project in Crook County, Wyoming (Ross SEIS).
Memorandum of Understanding between NRC and BLM .......................
Federal Register Notice of License Amendment Request and Opportunity to Request a Hearing.
Strata Energy, LLC’s Source Materials License SUA–1601 and Amendments.
Kendrick License Amendment Application ...............................................
Dated at Rockville, Maryland, this 1st day
of March, 2016.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Acting Director, Division of Fuel Cycle Safety,
Safeguards and Environmental Review, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2016–05127 Filed 3–7–16; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Reinstatement
of Disability Annuity Previously
Terminated Because of Restoration to
Earning Capacity, RI 30–9, 3206–0138
U.S. Office of Personnel
Management.
ACTION: 60-Day Notice and request for
comments.
AGENCY:
The Retirement Services,
Office of Personnel Management (OPM)
offers the general public and other
Federal agencies the opportunity to
comment on the reinstatement of an
expired collection without change (ICR)
3206–0138, Reinstatement of Disability
Annuity Previously Terminated Because
of Restoration to Earning Capacity. As
required by the Paperwork Reduction
Act of 1995 (Public Law 104–13, 44
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SUMMARY:
VerDate Sep<11>2014
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https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1910/.
ML14056A096 or https://www.nrc.gov/reading-rm/doc-collections/nuregs/
staff/sr1910/s5/.
78 FR 19540.
(81 FR 10285).
ML14069A315, ML15181A246, and ML15202A143 or https://
www.nrc.gov/info-finder/materials/uranium/licensed-facilities/
ross.html.
ML15096A141 and ML15152A154 or https://www.nrc.gov/materials/
uranium-recovery/license-apps/kendrick/kendrick-app-docs.html.
U.S.C. chapter 35) as amended by the
Clinger-Cohen Act (Pub. L. 104–106),
OPM is soliciting comments for this
collection.
Comments are encouraged and
will be accepted until May 9, 2016. This
process is conducted in accordance with
5 CFR 1320.1.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
Retirement Services, U.S. Office of
Personnel Management, 1900 E Street
NW., Washington, DC 20415, Attention:
Alberta Butler, Room 2347–E, or sent
via email to Alberta.Butler@opm.gov.
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR with applicable
supporting documentation, may be
obtained by contacting the Retirement
Services Publications Team, Office of
Personnel Management, 1900 E Street
NW., Room 3316–L, Washington, DC
20415, Attention: Cyrus S. Benson, or
sent via email to Cyrus.Benson@
opm.gov or faxed to (202) 606–0910.
SUPPLEMENTARY INFORMATION: The Office
of Management and Budget is
particularly interested in comments
that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of functions
DATES:
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of the agency, including whether the
information will have practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
RI 30–9, Reinstatement of Disability
Annuity Previously Terminated Because
of Restoration to Earning Capacity
informs disability annuitants of their
right to request restoration under title 5,
U.S.C Sections 8337 and 8455. It also
specifies the conditions to be met and
the documentation required for a person
to request reinstatement.
Analysis
Agency: Retirement Operations,
Retirement Services, Office of Personnel
Management.
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[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12143-12146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05127]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9091; NRC-2011-0148]
Strata Energy, Inc, Kendrick Expansion Area In Situ Uranium
Recovery Project
AGENCY: Nuclear Regulatory Commission.
ACTION: Intent to prepare a supplemental environmental impact statement
and conduct a scoping process; request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received a
license amendment application for License SUA-1601, by letters dated
March 20, 2015, and April 24, 2015, from Strata Energy, Inc. (Strata).
The amendment application requested authorization to expand its Ross In
Situ Uranium Recovery (ISR) Project (Ross) to include the Kendrick
expansion area (Kendrick). The requested amendment would allow Strata
to construct and operate additional uranium recovery wells at Kendrick.
Kendrick covers approximately 3,186 hectares (7,784 acres) adjacent to
Ross. Ross is located in Crook County, Wyoming, 43 kilometers (27
miles) northeast of Gillette, Wyoming and 46 kilometers (29 miles)
northwest of Sundance, Wyoming. A notice of license
[[Page 12144]]
amendment request and opportunity to request a hearing was published in
the Federal Register on February 29, 2016.
DATES: The scoping period begins March 8, 2016 and ends April 22, 2016.
ADDRESSES: Please refer to Docket ID NRC-2011-0148 when providing
scoping comments or contacting the NRC about the availability of
information regarding this document. You may submit scoping comments by
the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0148. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Email Comments to: You may email scoping comments to the
Project's email address: KendrickSEIS@nrc.gov.
Comments must be submitted by April 22, 2016 to ensure
consideration. For additional direction on accessing information and
submitting comments, see ``Obtaining Information and Submitting
Comments'' in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jessie Muir Quintero, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-7476; email:
Jessie.Muir-Quintero@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2011-0148 when contacting the NRC
about the availability of information regarding this document. You may
obtain publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0148.
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 ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. For
the convenience of the reader, instructions about obtaining materials
referenced in this document are provided in a table in the section of
this notice entitle, Availability of Documents.
NRC'S PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
Project Web page: Information related to the Kendrick
project can be accessed on the NRC's Kendrick Project Web page at:
https://www.nrc.gov/materials/uranium-recovery/license-apps/kendrick.html.
B. Submitting Comments
Please include Docket ID NRC-2011-0148 in your comment submission.
Written comments may be submitted during the 45-day scoping period as
described in the ADDRESSES section of the document.
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 posts all comment submissions at https://www.regulations.gov as well as entering 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 submissions into ADAMS.
II. Background
On April 24, 2014, the NRC staff issued Strata a source and
byproduct material license, SUA-1601, pursuant to part 40 of title 10
of the Code of Federal Regulations (10 CFR). License SUA-1601
authorizes Strata to construct and operate its Ross ISR project, which
includes ISR wellfields, a central processing plant (CPP), and
ancillary facilities within the 696-hectare (1,721-acre) Ross site
located in Crook County, Wyoming. Prior to granting Strata SUA-1601,
the NRC staff conducted an environmental review of the proposed project
and issued a Supplemental Environmental Impact Statement (SEIS) for the
Ross ISR Project (Ross SEIS, NUREG-1910, Supplement 5), in February
2014. The Ross SEIS tiered off the ISR Generic Environmental Impact
Statement (GEIS, NUREG-1910).
By letters dated March 20, 2015, and April 24, 2015, Strata
requested that the NRC amend License SUA-1601. The requested amendment,
if granted, would expand the area of ISR activities to include the
Kendrick expansion area, which is adjacent to Ross, and allow Strata to
construct and operate additional uranium ISR wellfields at Kendrick.
The NRC accepted the license amendment application for technical
review on January 14, 2016, and published a notice of opportunity to
request a hearing in the Federal Register on February 29, 2016 (81 FR
10285). Strata's license amendment application, including an
Environmental Report, can be found on the NRC's Kendrick project Web
page at: https://www.nrc.gov/materials/uranium-recovery/license-apps/kendrick.html.
The purpose of this notice is to: (1) Inform the public that the
NRC staff will prepare a SEIS to the GEIS as part of its review of the
license amendment request, and (2) provide the public with an
opportunity to participate in the environmental scoping process as
defined in 10 CFR 51.29.
III. Environmental Review
Although the NRC typically prepares Environmental Assessments for
source material license amendments, the NRC staff is preparing a SEIS
for Kendrick because the Ross SEIS identified several potential
significant impacts related to historic and cultural resources,
groundwater, transportation, and visual resources. Therefore, the NRC
has considered it prudent to prepare a SEIS for this particular license
amendment. The SEIS for Kendrick will be prepared pursuant to the NRC's
regulations that implement NEPA. These regulations are located in ``10
CFR part 51.''
The Kendrick SEIS will examine the potential environmental impacts
of the proposed construction, operation, decommissioning, and aquifer
restoration of the Kendrick expansion area. The Kendrick SEIS will tier
from and incorporate by reference the GEIS and the Ross SEIS. The
techniques of tiering and incorporation by reference are described in
40 CFR 1502.20 and 1508.28, and 40 CFR 1502.21, respectively, of the
Council on
[[Page 12145]]
Environmental Quality's NEPA regulations. Accordingly, the SEIS will
rely on information and analyses in the GEIS and Ross SEIS where
appropriate and focus its more detailed discussions on the issues
specific to Kendrick.
The SEIS will analyze potential impacts of the proposed action on
historic and cultural resources. In accordance with 36 CFR 800.8, the
NRC staff is using the NEPA process to comply with its obligations
under Section 106 of the National Historic Preservation Act. The NRC
initiated Section 106 consultations beginning in July 2015, with 26
Indian Tribes, the U.S. National Park Service--Devils Tower, the U.S.
Bureau of Land Management (BLM), the Advisory Council on Historic
Preservation, and the Wyoming State Historic Preservation Office.
In parallel with the environmental review, the NRC will be
conducting a safety review. Its findings will be published in a Safety
Evaluation Report.
IV. Kendrick Expansion Area
The NRC's Federal action is to either grant or deny Strata's
request for a license amendment. If the NRC approves Strata's request
to amend License SUA-1601, then Strata could proceed with the proposed
project--the Kendrick expansion--as described in its license amendment
application. With this expansion, Strata would extract uranium from the
ore body at Kendrick through the ISR process.
The ISR process involves the mobilization of uranium from the
mineralized host sandstone rock by pumping native groundwater
containing oxidants (oxygen or hydrogen peroxide) and other chemical
compounds (e.g., sodium bicarbonate) through a series of injection
wells, passing the fluids through the ore body and then being extracted
to the surface through a series of production wells. After extraction,
the solution, called ``lixiviant,'' would be transported by pipelines
to the Ross CPP for processing. Strata does not propose to construct or
operate processing plants at Kendrick. After removal of the uranium by
an ion-exchange process at the Ross CPP, the resulting solution would
be transported back to Kendrick by pipeline for re-use in ISR
operations. Uranium removed at the Ross CPP would be further processed
to produce ``yellowcake,'' either at the Ross CPP should the dryers be
installed in the future or through the transfer of uranium-bearing
resins for processing at another licensed facility. The yellowcake
would then be shipped to a uranium conversion facility which is the
next step in the fuel cycle process for developing fuel for commercial
nuclear power plants. Kendrick wellfields that have completed
operations would be decommissioned and the affected aquifers restored
concurrently with operation of other active wellfields.
V. Alternatives To Be Evaluated
The Kendrick SEIS will analyze the environmental impacts of the
proposed action, the no-action alternative, and reasonable
alternatives. A brief description of each is provided below.
No-Action--The no-action alternative would be to deny the license
amendment application. Under this alternative, the NRC would not issue
the license amendment and no ISR activities would occur at Kendrick.
This serves as a baseline for comparison.
Proposed action--The proposed Federal action is to issue a license
amendment authorizing the expansion of Ross ISR activities to Kendrick.
If the NRC approves the amendment request, it would issue Strata an
amended license (SUA-1601) under the provisions of 10 CFR part 40, and
Strata would proceed with the proposed activities at Kendrick as
described in its license amendment application and summarized in
Section IV.
Alternatives--In its Environmental Report, Strata identified a
potential alternative involving the construction of a satellite ion-
exchange facility within Kendrick. Under this alternative, lixiviant
from the proposed Kendrick wellfields would be pumped to a satellite
facility within Kendrick rather than to the Ross CPP. At the Kendrick
satellite facility, uranium would be extracted in ion-exchange columns
and transported to either the Ross CPP or another licensed facility for
processing into yellowcake. Other alternatives not listed here may be
identified during scoping or through the environmental review process.
VI. Scope of the Environmental Review
The NRC will first conduct a scoping process for the SEIS and as
soon as practicable thereafter, will publish a draft SEIS, pursuant to
the NRC's NEPA regulations at 10 CFR part 51, for public comment. The
NRC staff is conducting a 45-day scoping process for the Kendrick SEIS.
The purpose of this scoping process is to seek public input to help the
NRC determine the appropriate scope of the SEIS, including the
alternatives and significant environmental issues to be analyzed in
depth, as well as those that should be eliminated from detailed study
because they are peripheral or are not significant. The NRC staff is
planning to publish information related to this action in newspapers
serving communities near the Kendrick site, requesting information and
comments during the scoping period from the public. At this time, the
NRC is not planning to hold a public scoping meeting. The NRC will
prepare a concise summary of its scoping process, the comments
received, as well as the NRC's responses. The Scoping Summary Report
will be included in the draft SEIS as an appendix and sent to each
participant in the scoping process for whom the staff has an address.
The Kendrick SEIS will cover the potential impacts from all project
phases: construction, operations, aquifer restoration, and
decommissioning. The scope of the Kendrick SEIS will consider both
radiological and nonradiological (including chemical) impacts
associated with the proposed project and its alternatives. The Kendrick
SEIS will also consider unavoidable adverse environmental impacts, the
relationship between short-term uses of resources and long-term
productivity, and irreversible and irretrievable commitments of
resources. The following resource areas have been tentatively
identified for analysis in the Kendrick SEIS: land use, transportation,
geology and soils, water resources, ecological resources, air quality
and climate change, noise, historical and cultural resources, visual
and scenic resources, socioeconomics, public and occupational health,
waste management, environmental justice, and cumulative impacts. This
list is not intended to be exhaustive, nor is it a predetermination of
potential environmental impacts. The Kendrick SEIS will describe the
NRC's approach and methodology undertaken to determine the resource
areas that will be studied in detail.
The NRC encourages members of the public, local, State, Tribal, and
Federal government agencies to participate in the scoping process.
Written comments may be submitted during the 45-day scoping period as
described in the ADDRESSES and SUPPLEMENTARY INFORMATION section of
this document. To ensure that comments will be considered in the
scoping process, written comments must be postmarked or delivered by
April 22, 2016. The NRC staff may, at its discretion, consider comments
after the end of the comment period. Participation in the scoping
process for the Kendrick SEIS does not entitle participants to become
parties to any proceeding to which the SEIS relates.
In addition to requesting scoping comments through this Federal
Register notice, the NRC staff also intends to
[[Page 12146]]
reach out to interested parties, including those identified during the
environmental review for the Ross SEIS, as well as other Federal and
State agencies and Indian Tribes identified during the Kendrick SEIS
process. The NRC staff seeks to identify, among other things, all
review and consultation requirements related to the proposed action,
and agencies with jurisdiction by law or special expertise with respect
to any environmental impact involved or which is authorized to develop
and enforce relevant environmental standards. The NRC invites such
agencies to participate in the scoping process and, as appropriate,
cooperate in the preparation of the SEIS.
The BLM has accepted the NRC's request to participate as a
cooperating agency in the preparation of the SEIS. The BLM has
expertise in mineral management and was a cooperating agency for the
Ross SEIS. The agencies will cooperate according to the process set
forth in the memorandum of understanding signed by the NRC and BLM and
published in the Federal Register on April 01, 2013 (78 FR 19540).
The NRC will continue its environmental review of Strata's license
amendment application and, as soon as practicable, the NRC and its
contractor will prepare and publish a draft SEIS. The NRC currently
plans to have a 45-day public comment period for the draft SEIS.
Availability of the draft SEIS and the dates of the public comment
period will be announced in a future Federal Register notice. The final
SEIS will include responses to public comments received on the draft
SEIS.
VII. Availability of Documents
The documents identified in this Federal Register notice are
accessible to interested persons by the means indicated in either the
SUPPLEMENTARY INFORMATION section of this notice or in the table below.
------------------------------------------------------------------------
Document Access
------------------------------------------------------------------------
NUREG-1910, Generic Environmental https://www.nrc.gov/reading-rm/
Impact Statement for In-Situ Leach doc-collections/nuregs/staff/
Uranium Milling Facilities (GEIS). sr1910/.
NUREG-1910, Supplement 5, Environmental ML14056A096 or https://
Impact Statement for the Ross ISR www.nrc.gov/reading-rm/doc-
Project in Crook County, Wyoming (Ross collections/nuregs/staff/
SEIS). sr1910/s5/.
Memorandum of Understanding between NRC 78 FR 19540.
and BLM.
Federal Register Notice of License (81 FR 10285).
Amendment Request and Opportunity to
Request a Hearing.
Strata Energy, LLC's Source Materials ML14069A315, ML15181A246, and
License SUA-1601 and Amendments. ML15202A143 or https://www.nrc.gov/info-finder/materials/uranium/licensed-facilities/ross.html.
Kendrick License Amendment Application. ML15096A141 and ML15152A154 or
https://www.nrc.gov/materials/uranium-recovery/license-apps/kendrick/kendrick-app-docs.html.
------------------------------------------------------------------------
Dated at Rockville, Maryland, this 1st day of March, 2016.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Acting Director, Division of Fuel Cycle Safety, Safeguards and
Environmental Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-05127 Filed 3-7-16; 8:45 am]
BILLING CODE 7590-01-P