[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 http://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 http://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