Rare Element Resources, Inc.; Rare Earth Element Demonstration Plant, 48494-48496 [2023-15935]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 48494 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1), (g)(1); (4) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Bell Northern Research, LLC, 401 North Michigan Avenue, Chicago, Illinois 60611 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: NXP Semiconductors, N.V., 60 High Tech Campus, Eindhoven, Netherlands, 5656 NXP USA, Inc., 6501 William Cannon Drive West, Austin, TX 78735 Laird Connectivity, LLC, 50 Main Street, Akron, OH 44308 Qualcomm Technologies, Inc., 5775 Morehouse Drive, San Diego, CA 92121 MediaTek Inc., No. 1, Dusing 1st Road, Hsinchu Science Park, Hsinchu 30078, Taiwan MediaTek USA Inc., 2840 Junction Ave., San Jose, CA 95134 ASUSTek Computer Inc., No. 15, Li-Te Rd., Beitou Dist., Taipei 112, Taiwan ASUS Computer International, 48720 Kato Rd., Fremont, CA 94538 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant of the complaint and the notice of investigation. Extensions of time for VerDate Sep<11>2014 17:21 Jul 26, 2023 Jkt 259001 submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: July 21, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–15891 Filed 7–26–23; 8:45 am] BILLING CODE 7020–02–P NUCLEAR REGULATORY COMMISSION [Docket No. 40–38415; NRC–2023–0090] Rare Element Resources, Inc.; Rare Earth Element Demonstration Plant Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a Finding of No Significant Impact (FONSI) and accompanying Environmental Assessment (EA) for an application request from Rare Element Resources, Inc. (RER) for a source materials license accompanying the construction and operation of a rare earth element (REE) separation and processing demonstration plant near Upton, Wyoming. Based on the analysis in the EA, the NRC staff has concluded that there would be no significant impacts to environmental resources from RER’s proposed facility and, therefore, a FONSI is appropriate. DATES: The EA and FONSI referenced in this document are available on July 27, 2023. ADDRESSES: Please refer to Docket ID NRC–2023–0090 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available SUMMARY: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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–2023–0090. Address questions about Docket IDs to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual 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 Web-based ADAMS 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 PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • 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 PDR.Resource@nrc.gov 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: James Park, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 6954; email: James.Park@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction By letter dated September 13, 2022, RER applied for a source material license from the NRC for RER’s proposed REE separation and processing demonstration plant to be located near Upton, Wyoming. In the Demonstration Plant, RER proposes to use its proprietary process to extract and concentrate neodymium-praseodymium (NdPr) and other rare earth oxides (REOs) from an approximately 907 metric-ton (1,000-ton) exploration sample obtained from RER’s Bear Lodge site in the Black Hills National Forest in Wyoming. During processing, thorium in the exploration sample would be concentrated to a level necessitating a source material license from the NRC in accordance with the provisions of part 40 of title 10 of the Code of Federal E:\FR\FM\27JYN1.SGM 27JYN1 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices Regulations (10 CFR), ‘‘Domestic Licensing of Source Material’’. As required by 10 CFR 51.21, the NRC prepared an EA that documents the NRC staff’s independent evaluation of the potential environmental impacts of RER’s activities at its proposed Upton, Wyoming facility. Based on the analysis in the EA, the NRC staff has concluded that there would be no significant impacts to environmental resources from RER’s proposed activities and, therefore, a FONSI is appropriate. ddrumheller on DSK120RN23PROD with NOTICES1 II. Summary of Environmental Assessment Description of the Proposed Action RER proposes to locate its proposed Demonstration Plant on an approximately 3.2-hectare (ha) (8-acre [ac]) parcel of privately owned land, approximately 3.2 kilometers (km) [2 miles (mi)] northwest of Upton, Wyoming. RER proposes to modify the existing site and site structures for its purposes in demonstrating its proprietary process for extracting NdPr and REOs from an approximately 907 metric-ton (1,000-ton) exploration sample removed previously from the Bear Lodge project site in northeastern Wyoming. RER proposes to operate its Demonstration Plant for 1 year, processing the exploration sample at a rate of 2.7 metric tons (3 tons) a day. Facilities planned by RER to be located inside the proposed site’s radiological restricted area would include a Physical Upgrade/Sample Storage Facility, a Main Process Facility, an Equipment Building, a Chemical Containment Area, and a Clean Room as well as loading and unloading areas. Ancillary facilities outside the radiological restricted area would include the office trailer, a laydown yard, access roads, and a parking area for employees and visitors. RER’s process to extract NdPr and other REOs would involve four stages. First, RER would use a jaw crusher, a cone crusher, and coarse vibrating screen units to comminute (i.e., pulverize) and screen the sample to physically separate the rare-earth fines for further processing. Next, RER would conduct its primary hydrometallurgical processing of the pulverized sample to produce a purified total REO with thorium concentrate. This stage is intended to separate a substantial portion of the natural radioactivity that is present in the exploration sample. The third stage would remove this natural radioactivity, mainly thorium and its decay products, along with cerium. The thorium/cerium-bearing radioactive waste would be treated in a VerDate Sep<11>2014 17:21 Jul 26, 2023 Jkt 259001 separate solid waste treatment process. In the final processing stage, RER would separate out and purify NdPr and other REE concentrates into a final product. RER’s process would produce solid waste and wastewater streams. Both waste streams would be neutralized with quicklime and then combined in a batched process. RER would add bentonite as needed to absorb excess liquid in the combined tailings waste. RER expects that nearly 100 percent of the radioactive material from the processed ore sample would be contained in the tailings waste. RER would transfer the tailings waste to a 27metric ton (30-ton) roll-off bin and store the waste onsite prior to planned weekly waste shipments by rail to the Waste Control Specialists (WCS) lowlevel radioactive waste disposal facility located in Andrews County, Texas. Construction and operation of the proposed Demonstration Plant would also generate non-radiological wastes, to include both industrial and chemical wastes. RER would dispose of nonradioactive organic process-related waste at a local hydrocarbon treatment facility. Any laboratory chemicals that would be generated would be stored in containers in the onsite laboratory, prior to off-site disposal at an appropriate facility. Non-hazardous industrial waste would be disposed at the Weston County, Wyoming transfer facility. Additionally, RER would consider recycling certain non-radioactive wastes (e.g., used oil and lubricants, packing wastes, and scrap metal) for re-use, if possible. Need for the Proposed Action REEs include the lanthanide series of elements from lanthanum (atomic number 57) to lutetium (atomic number 71) along with yttrium (atomic number 39) and scandium (atomic number 21). REEs are essential elements in many applications in today’s economy, including electric automobiles, smart phones, camera lenses, advanced wind turbines, computer hard drives, fluorescent and light-emitting-diode bulbs, magnets, additives in ceramics and glass, and military systems. Several U.S. governmental agencies have identified the growing need and reliance in the United States for REEs. The Department of Energy has identified the REEs as strategic resources for economic prosperity and national defense of the United States. The U.S. Department of the Interior published an updated final list of critical minerals that includes many of the REEs, and the U.S. Department of Defense has identified REEs as critical to future defense applications. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 48495 Environmental Impacts of the Proposed Action The NRC staff has assessed the potential environmental impacts from RER’s proposed Demonstration Plant at the Upton, Wyoming site. The NRC staff assessed the impacts of the proposed action on land use; historical and cultural resources; visual and scenic resources; climatology, meteorology and air quality; geology and soils; water resources; ecological resources; socioeconomics; noise; traffic and transportation; public and occupational health and safety; and waste management. The NRC staff determined that impacts to these environmental resource areas would be minimal and not significant. With respect to ecological resources, the NRC staff determined that the proposed action would have no effect on listed endangered or threatened species or their critical habitat. The NRC staff also determined that no historical properties would be affected by the undertaking (i.e., RER’s proposed action). Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the staff considered denial of the proposed action (i.e., the ‘‘no-action’’ alternative). Under the no-action alternative, the NRC would not grant a source material license to RER. RER would not be authorized to either construct or operate its Demonstration Plant near Upton, Wyoming. No grounddisturbing activities would take place and no buildings would be constructed or modified. Processing of REEs would need to occur elsewhere. The NRC staff concluded that environmental impacts from the no-action alternative would be minimal and not significant. Agencies and Persons Consulted On May 25, 2023, the staff provided a copy of the draft EA to the Wyoming Department of Environmental Quality (WDEQ) for its review and comment. On June 26, 2023, the State provided its comments on the draft document. III. Finding of No Significant Impact Based on its review of the proposed action, in accordance with 10 CFR part 51, the NRC staff has determined that issuance of a source material license to RER, and subsequent construction and operation of an REE Demonstration Plant at the proposed facility site near Upton, Wyoming, would not significantly affect the quality of the human environment. Approval of the proposed action would be expected to result in minimal impacts and RER’s operational activities would be E:\FR\FM\27JYN1.SGM 27JYN1 48496 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices conducted to keep occupational radiological doses and radiological doses to members of the public below the applicable limits in 10 CFR part 20. On the basis of the EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a FONSI is appropriate. In accordance with 10 CFR 51.32(a)(4), this FONSI incorporates the EA set forth in this notice by reference. IV. Availability of Documents The documents identified in the following table are available to interested persons through ADAMS. Document description ADAMS accession No. Rare Element Resources, Inc., Source Material License Application, dated September 13, 2022 ................. Rare Element Resources, Inc., Submittal of Supplemental Information for its Source Material License Application, dated December 1, 2022. Rare Element Resources, Inc., Response to NRC Request for Additional Environmental Information, dated March 21, 2023. Rare Element Resources, Inc., Response to NRC Request for Additional Information—Safety Evaluation, dated April 7, 2023. NRC Request to Wyoming Department of Environmental Quality to Review the Draft EA, dated May 25, 2023. Wyoming Department of Environmental Quality Response to NRC Request for Review of Draft EA, dated June 26, 2023. NRC letters to Tribal nations initiating consultation under Section 106 of the National Historic Preservation Act, dated May 11, 2023. ddrumheller on DSK120RN23PROD with NOTICES1 Dated: July 24, 2023. For the Nuclear Regulatory Commission. Jill S. Caverly, Acting Chief, Environmental Review Materials Branch, Division of Rulemaking, Environmental and Financial Support, Office of Nuclear Material Safety and Safeguards. Table of Contents I. Introduction II. Docketed Proceeding(s) I. Introduction The Commission gives notice that the Postal Service filed request(s) for the [FR Doc. 2023–15935 Filed 7–26–23; 8:45 am] Commission to consider matters related BILLING CODE 7590–01–P to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service POSTAL REGULATORY COMMISSION agreement from the Market Dominant or the Competitive product list, or the [Docket Nos. MC2023–190 and CP2023–194; MC2023–191 and CP2023–195; MC2023–192 modification of an existing product and CP2023–196; MC2023–193 and CP2023– currently appearing on the Market Dominant or the Competitive product 197] list. New Postal Products Section II identifies the docket number(s) associated with each Postal AGENCY: Postal Regulatory Commission. Service request, the title of each Postal ACTION: Notice. Service request, the request’s acceptance date, and the authority cited by the SUMMARY: The Commission is noticing a Postal Service for each request. For each recent Postal Service filing for the Commission’s consideration concerning request, the Commission appoints an officer of the Commission to represent a negotiated service agreement. This the interests of the general public in the notice informs the public of the filing, invites public comment, and takes other proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also administrative steps. establishes comment deadline(s) DATES: Comments are due: July 31, pertaining to each request. 2023. The public portions of the Postal ADDRESSES: Submit comments Service’s request(s) can be accessed via electronically via the Commission’s the Commission’s website (https:// Filing Online system at https:// www.prc.gov). Non-public portions of www.prc.gov. Those who cannot submit the Postal Service’s request(s), if any, comments electronically should contact can be accessed through compliance the person identified in the FOR FURTHER with the requirements of 39 CFR INFORMATION CONTACT section by 3011.301.1 telephone for advice on filing The Commission invites comments on alternatives. whether the Postal Service’s request(s) FOR FURTHER INFORMATION CONTACT: 1 See Docket No. RM2018–3, Order Adopting David A. Trissell, General Counsel, at Final Rules Relating to Non-Public Information, 202–789–6820. June 27, 2018, Attachment A at 19–22 (Order No. 4679). SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:21 Jul 26, 2023 Jkt 259001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 ML22256A319 (Package). ML22333B028. ML23082A306. ML23097A072. ML23171B109. ML23178A214. ML23130A320 (Package). in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern Market Dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3030, and 39 CFR part 3040, subpart B. For request(s) that the Postal Service states concern Competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3035, and 39 CFR part 3040, subpart B. Comment deadline(s) for each request appear in section II. II. Docketed Proceeding(s) 1. Docket No(s).: MC2023–190 and CP2023–194; Filing Title: USPS Request to Add Priority Mail & USPS Ground Advantage Contract 5 to Competitive Product List and Notice of Filing Materials Under Seal; Filing Acceptance Date: July 21, 2023; Filing Authority: 39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; Public Representative: Kenneth R. Moeller; Comments Due: July 31, 2023. 2. Docket No(s).: MC2023–191 and CP2023–195; Filing Title: USPS Request to Add Priority Mail, First-Class Package Service & Parcel Select Contract 36 to Competitive Product List and Notice of Filing Materials Under Seal; Filing Acceptance Date: July 21, 2023; Filing Authority: 39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; Public Representative: Jennaca D. Upperman; Comments Due: July 31, 2023. 3. Docket No(s).: MC2023–192 and CP2023–196; Filing Title: USPS Request to Add Priority Mail, First-Class Package Service & Parcel Select Contract 37 to E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48494-48496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15935]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 40-38415; NRC-2023-0090]


Rare Element Resources, Inc.; Rare Earth Element Demonstration 
Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
Finding of No Significant Impact (FONSI) and accompanying Environmental 
Assessment (EA) for an application request from Rare Element Resources, 
Inc. (RER) for a source materials license accompanying the construction 
and operation of a rare earth element (REE) separation and processing 
demonstration plant near Upton, Wyoming. Based on the analysis in the 
EA, the NRC staff has concluded that there would be no significant 
impacts to environmental resources from RER's proposed facility and, 
therefore, a FONSI is appropriate.

DATES: The EA and FONSI referenced in this document are available on 
July 27, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0090 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-2023-0090. Address 
questions about Docket IDs to Stacy Schumann; telephone: 301-415-0624; 
email: [email protected]. For technical questions, contact the 
individual 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 Web-based ADAMS 
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]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     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: James Park, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 301-415-6954; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated September 13, 2022, RER applied for a source 
material license from the NRC for RER's proposed REE separation and 
processing demonstration plant to be located near Upton, Wyoming. In 
the Demonstration Plant, RER proposes to use its proprietary process to 
extract and concentrate neodymium-praseodymium (NdPr) and other rare 
earth oxides (REOs) from an approximately 907 metric-ton (1,000-ton) 
exploration sample obtained from RER's Bear Lodge site in the Black 
Hills National Forest in Wyoming. During processing, thorium in the 
exploration sample would be concentrated to a level necessitating a 
source material license from the NRC in accordance with the provisions 
of part 40 of title 10 of the Code of Federal

[[Page 48495]]

Regulations (10 CFR), ``Domestic Licensing of Source Material''. As 
required by 10 CFR 51.21, the NRC prepared an EA that documents the NRC 
staff's independent evaluation of the potential environmental impacts 
of RER's activities at its proposed Upton, Wyoming facility. Based on 
the analysis in the EA, the NRC staff has concluded that there would be 
no significant impacts to environmental resources from RER's proposed 
activities and, therefore, a FONSI is appropriate.

II. Summary of Environmental Assessment

Description of the Proposed Action

    RER proposes to locate its proposed Demonstration Plant on an 
approximately 3.2-hectare (ha) (8-acre [ac]) parcel of privately owned 
land, approximately 3.2 kilometers (km) [2 miles (mi)] northwest of 
Upton, Wyoming. RER proposes to modify the existing site and site 
structures for its purposes in demonstrating its proprietary process 
for extracting NdPr and REOs from an approximately 907 metric-ton 
(1,000-ton) exploration sample removed previously from the Bear Lodge 
project site in northeastern Wyoming. RER proposes to operate its 
Demonstration Plant for 1 year, processing the exploration sample at a 
rate of 2.7 metric tons (3 tons) a day.
    Facilities planned by RER to be located inside the proposed site's 
radiological restricted area would include a Physical Upgrade/Sample 
Storage Facility, a Main Process Facility, an Equipment Building, a 
Chemical Containment Area, and a Clean Room as well as loading and 
unloading areas. Ancillary facilities outside the radiological 
restricted area would include the office trailer, a laydown yard, 
access roads, and a parking area for employees and visitors.
    RER's process to extract NdPr and other REOs would involve four 
stages. First, RER would use a jaw crusher, a cone crusher, and coarse 
vibrating screen units to comminute (i.e., pulverize) and screen the 
sample to physically separate the rare-earth fines for further 
processing. Next, RER would conduct its primary hydrometallurgical 
processing of the pulverized sample to produce a purified total REO 
with thorium concentrate. This stage is intended to separate a 
substantial portion of the natural radioactivity that is present in the 
exploration sample. The third stage would remove this natural 
radioactivity, mainly thorium and its decay products, along with 
cerium. The thorium/cerium-bearing radioactive waste would be treated 
in a separate solid waste treatment process. In the final processing 
stage, RER would separate out and purify NdPr and other REE 
concentrates into a final product.
    RER's process would produce solid waste and wastewater streams. 
Both waste streams would be neutralized with quicklime and then 
combined in a batched process. RER would add bentonite as needed to 
absorb excess liquid in the combined tailings waste. RER expects that 
nearly 100 percent of the radioactive material from the processed ore 
sample would be contained in the tailings waste. RER would transfer the 
tailings waste to a 27-metric ton (30-ton) roll-off bin and store the 
waste onsite prior to planned weekly waste shipments by rail to the 
Waste Control Specialists (WCS) low-level radioactive waste disposal 
facility located in Andrews County, Texas.
    Construction and operation of the proposed Demonstration Plant 
would also generate non-radiological wastes, to include both industrial 
and chemical wastes. RER would dispose of non-radioactive organic 
process-related waste at a local hydrocarbon treatment facility. Any 
laboratory chemicals that would be generated would be stored in 
containers in the onsite laboratory, prior to off-site disposal at an 
appropriate facility. Non-hazardous industrial waste would be disposed 
at the Weston County, Wyoming transfer facility. Additionally, RER 
would consider recycling certain non-radioactive wastes (e.g., used oil 
and lubricants, packing wastes, and scrap metal) for re-use, if 
possible.

Need for the Proposed Action

    REEs include the lanthanide series of elements from lanthanum 
(atomic number 57) to lutetium (atomic number 71) along with yttrium 
(atomic number 39) and scandium (atomic number 21). REEs are essential 
elements in many applications in today's economy, including electric 
automobiles, smart phones, camera lenses, advanced wind turbines, 
computer hard drives, fluorescent and light-emitting-diode bulbs, 
magnets, additives in ceramics and glass, and military systems.
    Several U.S. governmental agencies have identified the growing need 
and reliance in the United States for REEs. The Department of Energy 
has identified the REEs as strategic resources for economic prosperity 
and national defense of the United States. The U.S. Department of the 
Interior published an updated final list of critical minerals that 
includes many of the REEs, and the U.S. Department of Defense has 
identified REEs as critical to future defense applications.

Environmental Impacts of the Proposed Action

    The NRC staff has assessed the potential environmental impacts from 
RER's proposed Demonstration Plant at the Upton, Wyoming site. The NRC 
staff assessed the impacts of the proposed action on land use; 
historical and cultural resources; visual and scenic resources; 
climatology, meteorology and air quality; geology and soils; water 
resources; ecological resources; socioeconomics; noise; traffic and 
transportation; public and occupational health and safety; and waste 
management. The NRC staff determined that impacts to these 
environmental resource areas would be minimal and not significant. With 
respect to ecological resources, the NRC staff determined that the 
proposed action would have no effect on listed endangered or threatened 
species or their critical habitat. The NRC staff also determined that 
no historical properties would be affected by the undertaking (i.e., 
RER's proposed action).

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Under the no-action alternative, the NRC would not grant a source 
material license to RER. RER would not be authorized to either 
construct or operate its Demonstration Plant near Upton, Wyoming. No 
ground-disturbing activities would take place and no buildings would be 
constructed or modified. Processing of REEs would need to occur 
elsewhere. The NRC staff concluded that environmental impacts from the 
no-action alternative would be minimal and not significant.

Agencies and Persons Consulted

    On May 25, 2023, the staff provided a copy of the draft EA to the 
Wyoming Department of Environmental Quality (WDEQ) for its review and 
comment. On June 26, 2023, the State provided its comments on the draft 
document.

III. Finding of No Significant Impact

    Based on its review of the proposed action, in accordance with 10 
CFR part 51, the NRC staff has determined that issuance of a source 
material license to RER, and subsequent construction and operation of 
an REE Demonstration Plant at the proposed facility site near Upton, 
Wyoming, would not significantly affect the quality of the human 
environment. Approval of the proposed action would be expected to 
result in minimal impacts and RER's operational activities would be

[[Page 48496]]

conducted to keep occupational radiological doses and radiological 
doses to members of the public below the applicable limits in 10 CFR 
part 20. On the basis of the EA, the NRC finds that there are no 
significant environmental impacts from the proposed action, and that 
preparation of an environmental impact statement is not warranted. 
Accordingly, the NRC has determined that a FONSI is appropriate. In 
accordance with 10 CFR 51.32(a)(4), this FONSI incorporates the EA set 
forth in this notice by reference.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through ADAMS.

------------------------------------------------------------------------
            Document description                 ADAMS accession No.
------------------------------------------------------------------------
Rare Element Resources, Inc., Source         ML22256A319 (Package).
 Material License Application, dated
 September 13, 2022.
Rare Element Resources, Inc., Submittal of   ML22333B028.
 Supplemental Information for its Source
 Material License Application, dated
 December 1, 2022.
Rare Element Resources, Inc., Response to    ML23082A306.
 NRC Request for Additional Environmental
 Information, dated March 21, 2023.
Rare Element Resources, Inc., Response to    ML23097A072.
 NRC Request for Additional Information--
 Safety Evaluation, dated April 7, 2023.
NRC Request to Wyoming Department of         ML23171B109.
 Environmental Quality to Review the Draft
 EA, dated May 25, 2023.
Wyoming Department of Environmental Quality  ML23178A214.
 Response to NRC Request for Review of
 Draft EA, dated June 26, 2023.
NRC letters to Tribal nations initiating     ML23130A320 (Package).
 consultation under Section 106 of the
 National Historic Preservation Act, dated
 May 11, 2023.
------------------------------------------------------------------------


    Dated: July 24, 2023.

    For the Nuclear Regulatory Commission.
Jill S. Caverly,
Acting Chief, Environmental Review Materials Branch, Division of 
Rulemaking, Environmental and Financial Support, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2023-15935 Filed 7-26-23; 8:45 am]
BILLING CODE 7590-01-P
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