ML20197G556

Responds to Re Recovery of U by in Situ Method W/Creation of Byproduct Matl.Activity Licensable & Regulatory Requirements Set Forth in 10CFR.Applicable Regulations for Environ Rept Encl

ML20197G556
Person / Time
Issue date:	05/09/1986
From:	Brown W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Mcknight W AFFILIATION NOT ASSIGNED
References
NUDOCS 8605160273
Download: ML20197G556 (5)

Text

{{#Wiki_filter:Q I a MAY 0 91986 Mr. William M. McKnight Jr. Vice President - Production 5333 Everhart Road, Suite 126 Corpus Christi, Texas 78411

Dear Mr. McKnight:

This is in response to your letter to me dated April 10, 1986. The type of activity described in your letter, i.e., recovery of uranium by an in-situ method with the creation of byproduct material, is a licensable activity. As to your question about the type of environmental information needed, each applicant for a materials license must submit with its license application an " Applicant's Environmental Report" containing the information specified in Section 51.45 of Title 10 as required by Section 51.60. Copies of these applicable regulations are enclosed. With regard to your last request, the NRC's basic regulatory requirements for the type of licensable activity you have described in your letter are set forth in Title 10 of the Code of Federal Regulations. Sincerely, Original Signed By am L Smg 8605160273 860509 REG 4 SUBJ PDR William L. Brown Regional Counsel

Enclosure:

As stated cc: R. D. Martin, RIV bec: R. L. Bangart, RIV RIY Official Fils Copy R. D. Smith, URF0 ggr* c'? p {r (; 8 H. J. Pettengill, URF0 J. Lieberman, OELD tmh" Ik3lf / R. L. Fonner, OELD g i RIV:RC C/LB:URFO /r") WLBrown/cas HLPettengill( 5/]/86 5/j/86

S t.45(d) PART 50 e UCENSING AND REGULATORY POLICY AND PROCEDURES-3 .wract will i1) be marked ~Dreft '. (2) Ibl Requeste for guidance or i 51.45 EaWeemanamulanert utain the information specified in inicir.i.i' ion o.7 environmental maffers (a) Ceneml As required b) (l 31.5R i 3*.32. (3) be accompan:r.d by or may include iaquines relating w SL53. 51.54. 51.00. 51.61. 5182 or 5188. as Wrtude a request for comments on the (1) Applicable NRC rules and appropnate, each applicant or petitioner emposd actum and on the draft findmg regislations; for rulemaking shall submit with its withm tt"rty 130) date, or such longer (2) Format content and procedures for opplication or petition for rulemaking peiiod as may be specif;ed in the notice fihng environmental reports and other one signed original of a separate of the draft findmg. and (4) be published environmental information. induchng document entitled "Apphesnt's" or m the Federal Register as reqaired by the type and quantity of environmental .. Petitioner's Environmer.tal Report." as information likely to be needed to appropriate, and the number of copies !! 5135 and 51.119. address issues and concerne identified specified in il 51.55,51.es or 51.ee. An l (d) A draft finding will be distnbuted in the scoping procese described in applicant or petitioner for rulemaking as psovided in i 31.74(a). Addiucnal i 51.29 in a manner appropriate to their may submit a supplemenit to an ropies will be made available in relative sigmficance; environmental report at any time. accordance with l 51.123. (3) Availabihty of relevant (b) En vironmento/ considemtions. The (e) % hen a draft finding of no environmental studies and environmental report shell contain s sigmficant impact le issued for a environmental information, description of the proposed action. a preposed action, a final determination to (4) Need for, appropriate level and statement of its purposes. a description prepare an environmental impact scope of any environmental studies or of the environment affected. and discuse s'atement or a final finding of no j significant impact for that action shall mformation which the C,oaumsuon n av the following considerations-not be made until the last day of the r(quire to be sub n.ited m cornei.t nn (1) The impact of the proposed action public comment period has expired. qth 4.i appocattun or pention for on the environment. impacts shall be ruernmng. discussed in proportion to their I l 51.34 Preparetten et ansen, se no (5) Public meetmn with NRC staff significance: 1 asemneant impact. (t) Questices concerning (2) Any adverse environmental effects (a) Except as prosided m paragraph environmental matters shou!d be which cannot be avoided should the 1 J (b) of this section the findmg of no addressed to the f 311 awing NRC staff proposal be implemented; significant impact will be prepared bv

13) Alternatives to the proposed I

the NRC staff director authortred to t'ake offices as approptwe:. action.The discussion of alternativee Utdastinn faciistics: D.:ector. Office the action. of Nudear Reactor Regalation. U.S shall be sufficiently complete to aid the (b) When a hearing is held on the

Nuclear Regulatory Commission.

2 Commission in developing and a n proposed action under the regulations in E Subpart G of Part 2 of this chapter o,

Washmgton. D C. 20555. Telephore 3 exploring, pursuant to section 102(2)(E) 6 when the action can only be taken by 6 (301) 492-7891.

{ of NEPA."a ate afternatives to i S the Commissioners actms as a culkgial

Production facdities

Director. Of'ic.e

. recom courses of actionin any of Nuclear Material Safety and ' proposal which involves unresolved body, the appropriate NRC staff director Safeguards. U S Nuclear Reg,latory conflicts concerning alternative uses of i will prepare a proposed findma of no Commission. Washmh on, D C. 20m available resources!' To the extent i t significant impact which may be subject to modificatio's ee a result or review and Telephone: (301) 4.:7-40ti3. practicable, the environmental impacto Afoteria/s licenses: Director. Offee of of the proposal and the alternatives decision ea appropricte to the nature Nuclear Material Safety and Safeguards should be presented in comparative a id scope of the proceeding In sus.h U.S. Nudear Regulatory Commiseiun. form: cases, the presiding officer, the Atorcic Safety and ucensing Appeal Buard. or Washington, D.C. 20555. Telephone-(4)De relationship between local short-term uses of man's environment the Commission acting as a collegial (301) 427-4063. body. as appropriate, willissue the final Ru/cmoking: Director. Off ce of and the maintenance and enhancement findmg of no significant impact. Nuclear Regulatory Research. U S. of long-term productivity; and (5) Any irreversible and irretrievable Nuclear Regulatory Commission. commitments of resources which would I s1.ss Roewomenm penen nnemas o' Wa shington. D C. 20555. Telephone be involved in the proposed action "* '88"8#88"' 8"888% '#"M*"*" 8" (301) 427-4341. should it be implemented. Cenero/ Environmental %tters-le) Whenever the Commission rnskes Executive Director for Operations. U S (c) Ane/yeis. De environmental r* port shall include en analysis which a draft er firel finding of no significant Nuclear Regulatory Commissicn. considere and belances the trr.pset on a proposed actinn. the finding Washington. D C. 20555. Telephone: environmentaleffects of the proposed will be published in the Federal Registe' 1301) 492-7511. ection and the alternatives available for as provided in i 51.119. (b) Except as provided in i 51.33. the i s1.41 Heedement to adm8' reducing or evoeding adverse Co amission shall not take the preposed onwenmeness ineermone envitaa-tal effects. as well as the j action unta af:er ine final findmg has De Commission may require an envisosumental, scememic, technieel and been pub!ished in the Federal Register. applicant for a permit. License, or other other benefits of the proposed action. form of Permission, or amendment to or The analyste aball. to the hdiest entent rnew of a pmn Heense or PracHcaW. quan$ h vedoes b Environmental R e and information--Requirernente Applicable form of permission, or a petitioner for considered.To the extent that there are '* AN*"' *nd rulemaking to submit such informauon important qualitative considerations or Rule.nektets to the Commission se may be usefal m factore that cannot be quantified, these s 2 Canex/ siding the Commission in complying consideratione er factere shall be with section 102f 2) of NEPA. The discussed in qualitative tenas. The i I IR40 Co m uonunHRCSesE Commission willindependently evaluate environamental report abound contain (a) A prospective soplicant or and be responsible for the re!! ability of sufficient data to aid the t'h in i petitioner for rulemakuts le encouroged any information which it uses. Its C, - ;t of as " " r *- t l analysis. to confer with NRC stafi se early as EnvironmentalReports-General (d) Ststuo of compliance. The poeeable in ite planning procese before submitting environmentalinformation or Requirements environmental report aballlist all J Federal pennite,liconese, approvals and j fihng an environmental report. ? January 31,1985 (reset) 51 7 3 I

PART 51 e LICENSING AND REGULATORY POLICY AND PROCEDU.7E3 I' St.45td) i other entitlarrents which must be be included in the environmental report obtained in connection with the and may be supplemented by e Proposed action and shall describe the

discussion of the environmental statue of osepl6ence with these s eigmficance of the date set forth in the requisessente. The envisonmental report k table as weighed in the enelysis for the shall sleo include e discueelon of the hroposed facility.

statue of osseplianos with icable j cnvironmental quality sta rdeand requiremente including, but not limited a 8 (b) Taeta s.3 to, applicable soning and land.use a reguletions, and thermal and other I water pollution limitations or E-requiressents which have been imposed by Federal. State, regional. and local agencies having responsibility for environmental protection.The dieciession of alternatives in the report Tasta S-3-Tasts m=uu M ocLs EmMata

• te et ves wt! comply w th such

' " "*"' '** *"* ** me twasa.is.ei. .sme,,un timma4uen I' epplicable environmental quality ta=====emweev.usea standards and requirements. ".".".'".".e".m*,""s',','.".U'iMtIn j in o metIon uh i e ure ntto ea===*** Ts=' paragraphe (b)-{d) of this section should 'uwa= amwee use not be confined to information I supporting the proposed action but ,j should also include adverse information. m een. .m _.... _. J nt Environmental}teports-Production and me ","e, eCame _. ~ ~ " ( '* * **"' * ***********

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Utilization facilities ae:se meoesmisemenesso-wsee Ca'*vem es.es same e em r I j wee e ase e essee Oseferged le er tesiet asews el meesI M afne Lwn sum essarg g IOYM E

m e, n Construemen permit stage.

g @*",",",,,**~ $ Each applicant for a permit to h "8" c it cove by $ 8130 sh submit withits application the number of copies. as specified in i 81.88 of a "e l ,es ,,,l,,,,,,,, ,,,,goe ,l separete document. entitled seamme== teesses e un no e ema e en amazemm e e e esse meses g"g,,,,,,,,,,,, " Applicant's Environmental Report-Construction Permit Stage, which shall ,,y contain the information specified in ll 51.48,31.81 and 51.51 Each so, 4. environmental report shall identifv fio.'. i.e emmene e ammme e== a name esones see procedures for reporting and keeping records of environmental date, and any oo see poemsame use conditions and monitoring requirements '",",s".'.'."."'oWo.aT.*d for esible env nn asse=*-e*===8 em a= an== = a=== inclueton in the license se envtronmental conditions in accordance no with i 50.36b of this chapter. g7,,,,,,,,,,,,,,,,,,,,,,,,,, 4 e1.51 Uranium PuoiCyees Enverenmental Dete-Tette6 4. i l (a) Every onvironmentel report i prepared for the construction permit stage of a light. water. cooled nuclear power reactor, and submitted on or afler September 4.1g79, shall take Table S-3. d I Toble of Urenlum Fuel Cycle Environmental Deta, se the beefe for evaluating the contribution of the environmental effects of uranium minityt and milling, the production of utenium heesfluoride, isotopic enrichment. fuel febrication. reprocessing of irradiated fuel, tronoportetton of radioactive meteriale and management of low level, westee and high level westes related to utentum fuel cycle activities to the i environmental ocets of liconalng the nuclear power reactor. Table S-3 shall i 50g Moreh 30,1984

St.55(b) PART 51

• LICENSIN3 AND REGULATORY POLICY AND PROCEDURES" environmental report or any supplement to the environmental report for distnbution to parties and Boards in the NRC proceeding. Federal. State. and local officiale and any effected Indian inLee. In accordance with written instructions issued by the Director of Nuclear Reactor Regulation.

EnvironmentalReports-Materials Licenses esus pnessmaansmayn-mourte 52:!!!L 3 (a) Each applicant for a license or 2 other fann of permission, or an g amendment to or renewal of a license or oter form of permission issued e' pursuent to Perts 30,32. 33,34,35. 40. 61. 70 and/or 72 of this chapter. and covered by paragraphs (b]!1Mb)(6) of this section shall submit with its application to the Director of Nuclear Material Safety and Safeguards the number of copies, as specified in I 51.06. of a separate document, entitled " Applicant's Environmental Report" or " Supplement to Applicant's Environmental Report." as appropriate. The " Applicant's Environmental Report" shall contain the information specified in i 51.45. If the application is for an amendment to or a renewal of a license C ) 5110e Febevery 20,1905 (reest)

51.68 51.60t a) PART 51 o LICENSING AND REGULATORY POLICY AND PROCEDURES" or other form of permission for which of the license et the end of the the emironmental report is submitted. the applicant has previously submitted institutional control penod. (c) The applicant shall supplement the j en env6eonsnental report. the supplement [6] Any other licensing action for environmental report in a timely man:.er i to applicant's environmental repon may which the Commission determines en as necessary to permit the Commission be limited to incorporating by reference J.nvironmental Report is necessary, to review, prior to issuance, amendment j updating er supplemen ' the or renewel of a license, new informecn em saunennennesesen-regarda the environmentalimpact of i mfoemetten pseviously itted to l redect any eigmficant envisensnontal g g,,,,,7 "' " " "8'""* * '*" p.aviou y proposed activities. information regardmg the environmental change including any signiacent End apphoest for issuance of a impact of any changes in previously environmental change resulting from l et of t fuelin en proposed activities, or any significent operational experience or a change in g torage new information regarding the I operations. g, a ISFS)i environmentalimpact of closure a n 72 (b) As required by peregraph (a) d g gg gg activities and long-term performance of this section, each applicant shall ,,,,g, g,g,*ty nd the disposal site. NPon fw ee y 8n = number d copies, se spectned in i St.se Ist.as anveresoneneel p et y (1)Isenance or senewal of a license or of a separate document entitled especes Otomeusen. 4 g Mcent'sEnvironmutalRepon~ (a)Each applicant for a license or ,g, g,,, g __g 1 (ilPossession and use of special

• ISI License The mironental other form of permission, or en s

i nuclear material for processing and fuel $ Npon shau catain se informaun amendment to or renewal of a license or i febrication, scrap recovery, or specified in 4 51.45 and shall address other form of permissionissued i conversion of uranium hexafluoride e e ng weluauon fackn catained pursuant to Ports 30,32. 33, as. 38,40. St. pursuant to part 70 of this chapter. in Subpart E of Part 72 of this chapter. 70 and/or 72 of this chapter, and gg) p,,=====h'== and me d soum

• e Nd b t covered by parayaphe (b)(1)-(b)(6) of material for uranium milling or ca l St. cot or by ll 81.61 or St.et shall j

production of urenlum hosefluoride generic determination m I 51.23(a) and submit to the Director of Nuclear }' pursuant to Part 40 of this chapter. P e

• 0*

l (Itil Storage of opent fuelin an d ec n the nvi men elimpact mimtental Npon w any ed in% -- -t spent Asel storage of the storage of opent fell at en ISFSI 2 an environmetal Npon let j , instellation (ISFSI) pursuant to Port 72 beyond the term of the license or 2 nusnber d copin speciM De 3 of this chapter. amendment applied for le required in an

• epP cent shall retain additional copies li (iv) Receipt and disposal of environmental report submitted by en a radioactive weste from other persone applicant for an initiallicense for g of the environmental report or any
• supplement to the en,vironmental report 3 pursuant to Port 61 of this chapter.

etorage of spent fuelin en ISFSt. or any ' in the number of copies specified for (v) Processing of source material for amendment thereto. distribution to Federal. State, and local i extraction of rare earth and other "ist.sa environmentairesort-Laie officials and any effected Indian tribee i mt8;8-mopenal et remesesse weose seeneed in accordance with written instructions j (vi) Use of radioactive trecers in field unser to CFR pen et. issued by the Director of Nuclear flood studies involving secondary and (e) Each applicant for leeuance of a Material Safety and Safeguards. 3 tertiary oil and gas recovery. license for land disposal of radioactis e (b) (2)leeuance of an amendment that weete pureuent to Part el of this chep'er would authorise or result in (i) a shall submit with its application to the Envoosasentes namont j significant expension of a site. (ii) e Director of Nuclear Meterial Sefety and ,'*,",,,7,, significent change in the types of Safeguards the number of copies. as effluente. (iii) e significant incrosse in specified in 4 51.e0 of e separate Tres *===e mens = =. eiwes or j "*'"m"en7 E { the amounts of emuents. (iv) e document. entitled " Applicant's see ,,,,,,,_,_h,,,,,'," significant increase in individual or Environmental Report-1.icense for Lani! 4 cumulative occupational radiation Disposal of Radioactive Weste " The u,,,,,,,, environmental report and any e l exposure. (v) e significant increase in the potential for or consequences from , supplement to the environmental report i radiological accidente, or(vi) e g may incorporate by reference e,..

• InformeHon cateined in the opphene gam,,,,

eignificant increase in spent iuol storage or in any pmvlous a Heeum. I capacity, in a lleense or other form of a 8 'he j permisolon to conduct an activity listed S "[," h i l in peregraph (b)(1) of tble section, references are clear and specific and (3) Termination of alicase for the that copies of the information so { possession and use of source meterial incorporated are available in the NRC gayji,,niana,/geporg,_g J,meAj,ig 4 j for urenlum milling. Public Document Room at 1717 H Street. 1 (4) Armendment of a license to N.W., Weekington, D.C. and in any ist.se sneerensenenestepen-nememngs 1 authorise the decommissioning of an public document room established by i independent spent fuel storage the Commiselon near the proposed lend petitioners for ruleenaking requesting emendmente of parte 30,31,32,33. St. i installetion (ISFSI) pursuant to Part 72 disposal ef te.

38. 40 or 70 of this chapter concerning i

of this chapter. (b)De environinental report shall the exemption freen licensing and l (8) Issuance of a license ernendment contain the information specified in I pursuant to part et of this chapter i 51.45. shall address the applicant's regulatory requirements of or - I authortaing (i) closure of a land disposal environmental monitoring program authorising Ilicenses for any site. (ii) trenefer of the license to the required by $$ e1.12(l). 61.53 and equipment. . comunodity or other el.se(b) of this chapter, and shall be as product contelning byproduct meterial. disposal site uwwer f*r the purpose of complete se possible in the light of material shall submit with the petition source material or special nuclear i institutional control, or (iii) termination information that is available et the time 3 3 Merch 29,1935 (reest) S111 J (n..t p.,.i. st.atet . ~. . _ _ _. _ _ _ _ _. -,. _}}