Current Regulatory Issues - USA 
(last updated 15 Dec 2011)
This page provides information on recently published rules or rules under development, covering the operation and decommissioning of uranium mines and mills and the management of uranium mine wastes and mill tailings.
> see also:
> See also Issues for:
New Mining Projects ·
Operating Mines ·
Decommissioning Projects
> See also Data for:
Deposits, Proposed and Active Mines ·
Old Mines and Decommissioning
"NRC's oversight of Title I and Title II uranium recovery decommissioning is largely effective. In particular, recent NRC initiatives to improve knowledge management have addressed self-identified areas of inefficiency and have enhanced the agency's oversight efforts. However, the Office of the Inspector General has identified two opportunities for more effective oversight of uranium recovery decommissioning by:
- Improving compliance with the terms of the site-specific MOUs with EPA.
- Reducing reliance on DOE's inspection program to alert NRC to problems at decommissioned uranium recovery sites in DOE custody."
> Download Audit Report - Audit of NRC's Oversight of Decommissioned Uranium Recovery Sites and Sites Undergoing Decommissioning, OIG-12-A-06, Office of the Inspector General, Nuclear Regulatory Commission, December 13, 2011 
· alternate source (1MB PDF)
This guide describes a method acceptable to the U.S. Nuclear Regulatory Commission (NRC) for use in implementing the Decommissioning Planning Rule (DPR) that revises Title 10, Section 20.1406, "Minimization of Contamination," and Section 20.1501, "Surveys and Monitoring, General," of the Code of Federal Regulations (10 CFR 20.1406 and 20.1501) (Ref. 1). Licensees of operating facilities are required to minimize contamination and radioactive waste generation, conduct appropriate radiological surveys, and maintain records. The DPR revisions to 10 CFR 20.1406 and 10 CFR 20.1501 apply during the operational phase of facilities' life cycles.
Comments will be most helpful if received by February 10, 2012.
> Download Draft Regulatory Guide DG-4014 "Decommissioning Planning during Operations", Dec. 2011 · Regulatory Analysis
> See also: NRC issues Rule on Decommissioning Planning
The U.S. Nuclear Regulatory Commission (NRC) is issuing this Regulatory Issue Summary
(RIS) to reiterate its policy regarding the Long-Term Surveillance Charge (LTSC) for applicable uranium recovery facilities.
> Download NRC Regulatory Issue Summary 2011-11 regarding long-term surveillance charge for conventional or heap leach uranium recovery facilities licensed under 10 CFR Part 40 , September 29, 2011 (153k PDF)
The U.S. Nuclear Regulatory Commission (NRC) is proposing to issue a regulatory issue summary (RIS) to inform addressees of the NRC's policy regarding receipt and processing, without a license amendment, of equivalent feed at an NRC and Agreement State-licensed uranium recovery site, either conventional, heap leach, or in situ recovery. The NRC is issuing this RIS to clarify the NRC's policy regarding alternate feed, such as obtained from community water treatment facilities and mine dewatering operations.
Submit comments by November 14, 2011 (comment period extended).
> Download NRC release Oct. 12, 2011 (PDF)
> Federal Register: September 30, 2011 (Volume 76, Number 190) p. 60941-60945 (download full text )
> Federal Register: October 12, 2011 (Volume 76, Number 197) p. 63330-63331 (download full text )
> Download SECY-99-012 : Use of Uranium Mill Tailings Impoundments for the Disposal of Other Than 11e.(2) Byproduct Materials, and Reviews of Applications to Process Material Other Than Natural Uranium Ores, April 8, 1999 (NRC)
> Download NRC Regulatory Issue Summary 2000-23, Recent Changes to Uranium Recovery Policy (November 30, 2000)
> Access Docket ID NRC-2011-0217
Uranium Recovery Supplemental Environmental Impact Statement (SEIS) Lessons Learned Workshop, September 28, 2011, Denver:
The purpose of this meeting is for the U.S. Nuclear Regulatory Commission (NRC) to share lessons learned from the development and recent completion of the Moore Ranch, Nichols Ranch, and Lost Creek SEISs with the uranium recovery industry.
Please inform the meeting contact of your intention to attend by September 21, 2011.
> Download NRC Meeting Notice Aug. 31, 2011 (PDF)
NRC staff has developed a draft Staff Interim Guidance: Evaluations of Uranium Recovery Facility Surveys of Radon and Radon Progeny in Air and Demonstrations of Compliance with 10 CFR 20.1301:
"This guidance focuses on surveys of radon and progeny in air and compliance with the NRC's 100 mrem/year public dose limit for uranium recovery facilities. Based on review of licensee reports, staff determined there is a need for detailed guidance to
(1) ensure consistency in staff evaluations of licensee radon and radon progeny surveys and associated demonstrations of compliance with 10 CFR 20.1301 and
(2) assist licensees with technical details necessary for compliance."
Submit comments by January 20, 2012.
> Federal Register Volume 76, Number 224 (Monday, November 21, 2011) p. 72006-72007 (download full text )
> Download NRC Staff interim guidance: Evaluations of uranium recovery facility surveys of radon and radon progeny in air and demonstrations of compliance with 10 CFR 20.1301, Draft Report for Comment, September 2011
> Access Docket ID NRC-2011-0266
"It has come to the attention of the Utah Division of Radiation Control (DRC) of the Department of Environmental Quality that many Generator Site Access Permitees (GSAPs) have been misclassifying blended Uranium waste as "Natural Uranium (U-Nat.)." The DRC has investigated the rationale of this practice and has determined that this classification practice is not appropriate." [...]
"The GSAPs involved with this investigation informed the DRC that Uranium waste was blended to meet EnergySolutions Waste Acceptance Criteria and that blending is also done to remove the material from Safeguards and Security requirements" [...]
"GSAPs may still dispose of the Uranium blended waste at the EnergySolutions' Clive facility. GSAPs will need to manifest the Uranium by isotope and comply with all waste classification and Special Nuclear Material limits."
> Download Utah DEQ DRC letter July 27, 2011 (PDF)
The U.S. Nuclear Regulatory Commission is seeking input from the public, licensees, Agreement States, non-Agreement States, and other stakeholders on a potential rulemaking to address prompt remediation of residual radioactivity during the operational phase of licensed material sites and nuclear reactors.
Submit comments by September 16, 2011.
> Download NRC news release July 20, 2011
> Federal Register: July 18, 2011 (Volume 76, Number 137) p. 42074-42076 (download full text )
> Download Draft Proposed Technical Basis For Prompt Remediation, Rev. 4 , June 30, 2011 (302k PDF)
> Docket ID NRC-2011-0162
(An environmental report (ER) is submitted by the applicant or licensee "to assist the NRC in conducting an expeditious environmental review".)
> Download Draft Interim Staff Guidance for NUREG-1537, Part 1, Section 12.12, June 15, 2011 (ADAMS Acc. No. ML11116A166)
As there have been rumours around for some time now that radioactive decay is not - as believed so far - governed by physical constants, the following possibly must be seen in a new light:
At an Industry/NRC Health Physics Focus Group meeting held on April 11, 2011,...
"Industry stated that beta surveys should be a function of the milling product. In uranium mills, yellowcake is not stored for any length of time; therefore, beta-emitting progeny do not grow in. In-growth requires four months to attain equilibrium, and yellowcake is shipped before then. Consequently, beta surveying should not be required." [emphasis added]
(Industry/Agency Health Physics Focus Group meeting summary , May 10, 2011 - ADAMS Acc. No. ML111250213)
According to NRC's meeting summary, NRC staff apparently concurred on this industry statement, while there was only some discussion about the possible impacts of aged yellow cake that could occur in scale or in filters.
Given that the ingrowth of the beta emitters in question (Th-234 and Pa-234m) occurs at a rate given by the 24.1 day half-life of Th-234, a look at the actual lengths of stay of yellow cake at U.S. uranium mills may be warranted. While such data generally is not readily available, the data for Cameco's U.S. operations can be extracted from the Export Notifications required for each transport to Cameco's Blind River refinery in Ontario.
For Cameco's Crow Butte in situ leach operation in Nebraska, for example, the following departure dates for transports of yellow cake to Blind River have been made available in NRC's ADAMS document management system in 2011, so far:
| Departure date | Days since last transport
|
|---|
| 28 September 2010 |
|
| 13 October 2010 | 15
|
| 05 November 2010 | 23
|
| 19 November 2010 | 14
|
| 07 December 2010 | 18
|
| 04 January 2011 | 28
|
| 17 January 2011 | 13
|
| 3 February 2011 | 17
|
| 22 February 2011 | 19
|
Assuming that the yellow cake is produced at a constant rate, and that all yellow cake produced in Crow Butte is exported, we find that the yellow cake remained on site for up to 28 days during the period surveyed. After 28 days, the beta emitters already have attained 55% of their equilibrium state, which is not negligible.
> View here
To be considered, comments on this draft toxicological profile must be received not later than July 29, 2011.
Federal Register: April 27, 2011 (Volume 76, Number 81) p. 23600-23601 (download full text )
> Download Draft Toxicological Profile for Uranium , May 2011 (12.5M PDF)
> View Docket ID CDC-2011-0005
Uranium mining companies would have to pay 12.5 percent royalties and bid competitively for leases under legislative changes proposed by two New Mexico Democrats.
All other fuels - coal, oil and gas - are governed by leasing systems, which allow the government to better protect the public's economic and environmental interests. Under the 1872 mining law, uranium-mining companies pay no royalty for the minerals they take from public lands. Historic uranium development in the West has polluted surface and ground water and left a toxic legacy in some communities that has yet to be addressed. The 1872 law even allows sites sacred to Native American communities to be mined and gives tribes little recourse to stop the destruction.
The bill (H.R. 1452 ) introduced in Congress by Rep. Martin Heinrich and Ben Ray Luján would shift the regulation of uranium mining from the antiquated mining law to the Mineral Leasing Act. Under the leasing act, companies looking to mine uranium would have to go through a similar leasing process as oil and gas companies operating on public lands - as opposed to the industry-initiated claim and patent system.
"Taxpayers have been fleeced out of millions of dollars in royalties from uranium companies mining on public lands," said Lauren Pagel, policy director for Earthworks , a mining watchdog group. "The Uranium Resources Stewardship Act charges a moderate 12.5 percent royalty on uranium, which will allow the industry to contribute to cleaning up old uranium mine sites that continue to pollute water and harm nearby communities."
"The antiquated 1872 Mining Law allows some of our most treasured places, such as the Grand Canyon, to be threatened by uranium mining," said Pagel. "The Uranium Resources Stewardship Act will give land managers more discretion to decide where uranium mining is and is not appropriate."
(Summit County Citizens Voice Apr. 9, 2011)
The U.S. Nuclear Regulatory Commission (NRC) is proposing to
issue a regulatory issue summary (RIS) to re-affirm its existing
interpretation of the regulatory policy regarding the scope and
corresponding dollar amount of the long-term surveillance charge (LTSC)
to be paid to the general treasury of the United States, or to an
appropriate State agency. This LTSC is paid prior to the transfer of
title to a uranium mill, covered by Title II of the Uranium Mill
Tailings Radiation Control Act (UMTRCA) of 1978 (UMTRCA Title II site),
to the long-term custodian for long-term care and license termination.
Comment period expires May 5, 2011.
Federal Register: April 5, 2011 (Volume 76, Number 65) p. 18807-18809 (download full text )
> View NRC Docket Number NRC-2011-0073
> Download NRC Regulatory Issue Summary 2011-11 regarding long-term surveillance charge for conventional or heap leach uranium recovery facilities licensed under 10 CFR Part 40 , September 29, 2011 (PDF)
South Dakota suspends state regulation of in-situ leach uranium mining:
The governor of South Dakota on Tuesday (Mar. 15) signed into law a bill to ease oversight of a proposed uranium mine near a popular tourist destination despite protests from environmental groups.
The measure signed by Republican Governor Dennis Daugaard will suspend state regulation of an operation near the Black Hills that will engage in so-called "in-situ leach uranium mining."
(Reuters Mar. 15, 2011)
House passes bill to reduce state rules for uranium mining:
The South Dakota House easily approved a measure Wednesday (Mar. 2) to suspend some state rules dealing with uranium mining in the Black Hills, sending the bill on to a likely signing by Gov. Dennis Daugaard.
The House passed Senate Bill 158 on a 57-11 vote, with supporters arguing that experts for the Nuclear Regulatory Commission already handle the core regulatory duties for injection-well uranium mining. South Dakota's rules in that regard are duplicative, they said.
(Rapid City Journal Mar. 2, 2011)
South Dakota House committee approves bill aiming at halt of state regulation of in-situ leach uranium mining:
A South Dakota House committee has approved a measure that would allow the company behind a controversial uranium mining project to bypass some state regulations.
A bill passed Friday (Feb. 25) by the House State Affairs Committee would suspend state rules for the form of uranium mining proposed at the Dewey Burdock site in the Black Hills. That suspension would remain in place unless the state takes over authority from federal agencies that now enforce certain mining rules.
Powertech USA, the company that has proposed Dewey Burdock, says many state regulations duplicate federal laws. It wants to save time by only getting federal permits for certain parts of the project. Environmental advocates opposed the bill.
It now moves to the full House. The Senate already has approved the measure.
(AP Feb. 25, 2011)
> View: Bill History - Senate Bill 158 (South Dakota Legislature - 2011 Session)
> Download: South Dakota Senate Bill 158, as introduced (76k PDF)
> See also: South Dakota revises rules for reclamation of exploration test holes and in-situ leach mining (2008)
> See also: South Dakota adopts In Situ Leach Mine Regulations (2007)
The Nuclear Regulatory Commission has approved a final rule designed to prevent future "legacy sites" with insufficient funds for decommissioning by requiring licensees to minimize the introduction of residual radioactivity at their sites during operations.
> Download NRC release Nov. 30, 2010 (ADAMS Acc. No. ML103340277)
> Final rule Decommissioning Planning SECY-09-0042, March 13, 2009: View HTML · Download 1.6MB PDF
The final rule was released only on June 17, 2011:
> Download NRC release June 17, 2011 (PDF)
Federal Register: June 17, 2011 (Volume 76, Number 117) p. 35511-35575 (download full text )
> See also: NRC issues Proposed Rule on Decommissioning Planning for comment
> See also: U.S. NRC invites comment on Draft Regulatory Guide "Decommissioning Planning during Operations"
Powertech Uranium Corp. is suing the state of Colorado claiming rules state mining regulators adopted in August requiring the company to keep the groundwater clean beneath the proposed Centennial Project uranium mine are unlawful and unreasonable.
The lawsuit was filed in Denver District Court on Nov. 1, 2010.
Powertech, which previously called some of the provisions of the rules "fatal" to future in situ uranium mining in Colorado, proposes to open the Centennial Project uranium mine about 15 miles northeast of Fort Collins in Weld County.
The rules, mandated by HB-1161, signed by Gov. Bill Ritter in 2008, require Powertech to establish the level of groundwater purity before it begins prospecting for uranium and then establish a similar baseline for water quality before mining begins.
Another 2008 law, SB-228, provides some public transparency into a mining company's prospecting work.
When the company is finished mining, it must fully decontaminate the groundwater so it and return it to its original purity to ensure the water is no longer polluted.
Powertech's lawsuit calls that rule irrational.
Fully cleaning up the groundwater will be too expensive and will require the use of too much water from somewhere else to do the job, the lawsuit claims.
And, Powertech claims, making the company completely decontaminate the water will hold the company to a higher standard than any other mining company in Colorado.
Before the state will approve a permit for Powertech to begin in situ leach, or ISL, mining, the rules require Powertech to show it can fully decontaminate the groundwater by pointing to five other ISL mines elsewhere in the United States that have returned the groundwater to its original purity.
Powertech's lawsuit claims the state has no authority to require mining companies to test groundwater purity before it begins prospecting for uranium, and says the state’s rule to show how other mines have reclaimed the groundwater is arbitrary.
"These rules require information about other operations permitted at some time in the past or at other locations by an operator unrelated" to Powertech, the lawsuit claims, dismissing the rules as overly burdensome.
Powertech, Rep. John Kefalas said, told lawmakers in 2008 that the in situ leach mining technology was proven and will protect the groundwater and public health.
"Here it is at this juncture, they're singing a different tune and I find that quite curious," Kefalas said.
Robin Davis, who lives near the Centennial Project site, called the lawsuit "insulting."
"Powertech has told us from the very beginning they could and would restore our water," Davis said in a statement. "Now that we have regulations in place that will hold them accountable to their word, they sue the state of Colorado for protecting its resources."
(Coloradoan Nov. 11, 2010)
> See also: Colorado approves regulations for groundwater protection at in situ leach uranium mine sites
Wyoming's mineral industries are lobbying for the right to hire their own contractors to speed up permitting normally performed by the Wyoming Department of Environmental Quality.
The bill will be considered by the Joint Minerals, Business and Economic Development Interim Committee when it meets Monday and Tuesday (Sep 20/21) in Jackson.
DEQ administrator John Corra testified to Wyoming lawmakers during this year's legislative session that the agency was effectively fulfilling its regulatory duties despite an ever increasing workload. However, things have changed since, Corra told the Star-Tribune this week.
A more detailed analysis now reveals that the permitting backlog at DEQ's Land Quality Division is indeed growing. Corra said he has recommended hiring seven more people to handle the workload in the Land Quality Division.
"It's primarily related to, first of all, the amount of uranium permits that came at us all at once. And they're going to keep coming at us," said Corra, adding that the backlog also includes coal mining permit applications.
(Casper Star Tribune September 19, 2010)
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to require that the
initial distribution of source material to exempt persons or general
licensees be explicitly authorized by a specific license, which would
include new reporting requirements.
The proposed rule is intended to
provide the Commission with more complete and timely information on the
types and quantities of source material distributed for use either
under exemption or by general licensees. In addition, the NRC is
proposing to modify the existing possession and use requirements of the
general license for small quantities of source material to better align
the requirements with current health and safety standards. Finally, the
NRC is proposing to revise, clarify, or delete certain source material
exemptions from licensing to make the exemptions more risk informed.
Submit comments on the rule by November 23, 2010.
> View NRC news release July 27, 2010
Federal Register: July 26, 2010 (Volume 75, Number 142) p. 43425-43446 (download full text )
> Download Proposed Rule (148k PDF)
> View NRC Docket ID NRC-2009-0084
> Download: NUREG-1717, Systematic Radiological Assessment of Exemptions for Source and Byproduct Materials , June 2001.
> Download: PNNL-16148, Rev. 1 - Dose Assessment for Current and Projected Uses of Source Material under U.S. NRC General License and Exemption Criteria, , Feb. 2007 (1.2MB PDF - ADAMS Accession Number ML070750105)
Bill introduced in Congress to allow New Mexico to spend federal funds to cleanup abandoned uranium mines
U.S. Senator Jeff Bingaman proposed a bill that would allow New Mexico to spend federal funds to cleanup abandoned uranium mines. He submitted that proposal along with cosponsor U.S. Sen. Tom Udall to the Senate Energy and Natural Resources Committee.
Under the Abandoned Mine Land program, the U.S. Department of the Interior is authorized to collect revenue from coal companies for a fund that cleans up those abandoned mines. Each state receives a share of the AML fund, but the Interior Department currently restricts the ability of states to use some of that funding to clean up non-coal mines. As a result, New Mexico has not been able to focus the funding on one of its priorities - to clean up uranium mines.
Bingaman's legislation makes clear that those funds can be used for non-coal cleanup.
"New Mexico has more than 15,000 remaining mine openings with a vast majority of these being non-coal. Uranium mine reclamation is a particular priority in our state, but right now the state cannot tap into all of these federal funds to clean up abandoned uranium mines," said Bingaman, who chairs the Senate Energy Natural Resources Committee. "That doesn't make sense. This legislation would make it possible for New Mexico to use its share to clean up uranium mines and other non-coal mine sites."
The bill is now ready to be considered by the full Senate.
(KVII Jun 22, 2010)
The U.S. Nuclear Regulatory Commission's Offices of Nuclear Regulatory Research
(RES) and the Federal and State Materials and Environmental Management Programs
(FSME) are organizing a Workshop on Engineered Barrier Performance Related to Low-
Level Radioactive Waste, Decommissioning and Uranium Mill Tailings Facilities.
Technical Topics:
Workshop will focus on engineered surface covers and bottom liners designed to isolate waste by impeding surface water infiltration into the waste systems or by retarding the migration of contaminants from the waste disposal site. Topics will include engineered barrier performance, modeling, monitoring, and regulatory experiences at low-level radioactive waste, decommissioning, and uranium mill tailings sites.
Workshop Dates: August 3-5, 2010
Location: U.S. Nuclear Regulatory Commission Headquarters Auditorium,
11545 Rockville Pike, Rockville, Maryland
> View details (ADAMS Acc. No. ML101620617)
Comments will be accepted until 5:00 p.m. on Monday, June 7, 2010.
> View Railroad Commission announcement (Texas Register May 7, 2010)
> View Request for Comments on Surface Mining and Reclamation Division Forms (Texas Register In Addition May 7, 2010)
> View Railroad Commission of Texas Proposed Rules
The Railroad Commission adopted the revised rules on Oct. 12, 2010.
Withdrawn Rules · Adopted Rules · Notice of Changes to Four SMRD Forms
(Texas Register, October 29, 2010, Volume 35 Number 44, Pages 9567-9800)
On Mar. 5, 2010, the Interior Department declared that an iconic Western bird deserves federal protection under the Endangered Species Act, but declined to offer that protection immediately -- a split decision that will allow oil and gas drilling to continue across large swaths of the mountainous West.
The department issued a so-called "warranted but precluded" designation for the Greater Sage Grouse, meaning that the bird merits protection but won't receive it for now because other species are a higher priority.
For practical purposes, the ruling leaves sage grouse protection largely in the hands of states.
(Los Angeles Times Mar. 5, 2010)
Federal Register: March 23, 2010 (Volume 75, Number 55) p. 13909-13958 (download full text )
> See also: JAB and Antelope ISL projects, Wyoming
The proposed rule would resolve inconsistencies in the NRC's regulations that currently exist between various Parts of Title 10 with respect to the terms "construction" and "commencement of construction," and would enable applicants for materials licenses to engage in non-safety or non-security related site preparation activities not related to radiological health and safety or common defense and security considerations without being in violation of the NRC's licensing requirements. Such activities may include clearing land, site grading and erosion control, and construction of main access roadways, non-security related guardhouses, utilities, parking lots, or administrative buildings not used to process, handle or store classified information.
> Download SECY-10-0018 Rulemaking Issue (Notation Vote) Feb. 5, 2010 (ADAMS Acc. No. ML100360429)
> See also: U.S. NRC issues draft Regulatory Issue Summary on Pre-Licensing Construction Activities at Proposed Uranium Recovery Facilities for comment
The proposed rule was published on July 27, 2010.
Submit comments by September 27, 2010.
> View NRC release Aug. 5, 2010
Federal Register: July 27, 2010 (Volume 75, Number 143) p. 43865-43876 (download full text )
> View Docket ID NRC-2010-0075
> Download SECY-11-0039, March 18, 2011 (391k PDF)
The final rule was published on Sep. 15, 2011.
> Download NRC release Sep. 15, 2011 (PDF).
Federal Register: September 15, 2011 (Volume 76, Number 179) p. 56951-56966 (download fullt text )
On Tuesday (Jan. 26), environmental activists announced legislation that will be proposed in the Colorado state House of Representatives soon.
The Uranium Processing Accountability Act would require uranium processors to comply with clean-up orders before new applications are processed, strengthen public oversight of bonding requirements; require processors to inform residents about threats to their water if they have registered wells in close proximity to known groundwater contamination; and require processors to amend their operating license before accepting new sources of "alternate feeds."
The legislation would affect the Cotter uranium mill south of Cañon City.
The bill will be sponsored by Rep. Buffie McFadyen in the House and Sens. Ken Kester and Bob Bacon in the Senate.
(The Cañon City Daily Record Jan. 27, 2010)
The state House Transportation and Energy Committee, Thursday (Mar. 18), unanimously passed the Uranium Processing Accountability Act.
(The Cañon City Daily Record Mar. 19, 2010)
A bill that would require uranium mills to clean up past toxic pollution before applying to expand processing operations passed the state House on third reading Monday (Apr. 5), sailing through on a 62-2 vote. The bill now moves on to a Senate committee. (Colorado Independent Apr. 5, 2010)
The Senate voted 24-9 in favor of the bill Wednesday (Apr. 28). Later the House agreed with changes made in the Senate and readopted the bill by a vote of 60-3. It now goes to Gov. Bill Ritter.
Mills are now allowed to postpone cleanup until they finish production and decommission their facilities.
(AP Apr. 29, 2010)
Gov. Bill Ritter will be in Cañon City on Tuesday (June 8) to sign the Uranium Processing Accountability Act into law.
HB 1348 requires uranium processors to comply with clean-up orders before new applications are processed, strengthen public oversight of bonding requirements; require processors to inform residents about threats to their water if they have registered wells in close proximity to known groundwater contamination; and require processors to amend their operating license before accepting new sources of "alternate feeds."
Cotter Corp. mill officials have said the bill will make it impossible for them to begin processing ore again in the future.
In 2009, the company announced a plan to reopen as a heap leach facility in 2014, processing ore from the Mount Taylor mine in New Mexico.
Colorado Citizens Against ToxicWaste, a local group that has opposed Cotter restarting operations, partnered with Environment Colorado in developing the bill.
(Cañon City Daily Record June 7, 2010)
Colorado Governor Bill Ritter stood by the banks of the Arkansas River near a neighborhood contaminated by a uranium mill today and signed legislation that will force uranium mills to clean up existing messes before launching new projects.
"This just gives us a better hold on the milling process," Ritter said before signing the bill, a bipartisan measure sponsored by Rep. Buffie McFadyen, and Sens. Ken Kester and Bob Bacon.
"It's a relief to have it finalized," said Sharyn Cunningham, coordinator of Colorado Citizens Against Toxic Waste, which formed in 2002 to challenge Cotter's practices.
"Now we will begin to see - hopefully - clean up of the groundwater and soil in the area."
(Denver Post June 8, 2010)
> Download House Bill 10-1348 (Uranium Processing Accountability Act)
> Access Uranium Leasing Program (DOE-LM)
Federal judge halts DOE Uranium Leasing Program in Colorado
In a major victory for clean air, clean water and endangered species on public lands, a federal judge on Tuesday (Oct. 18) halted the Department of Energy's 42-square-mile uranium-leasing program that threatened the Dolores and San Miguel rivers in southwestern Colorado. Five conservation groups had sued to halt the leasing program, charging that the Department of Energy was failing to adequately protect the environment or analyze the full impacts of renewed uranium mining on public lands.
The 53-page ruling invalidates the Department's approval of the program; suspends each of the program's 31 existing leases; enjoins the Department from issuing any new leases; and enjoins any further exploration, drilling or mining activity at all 43 mines approved under the program pending satisfactory completion of new environmental reviews under the National Environmental Policy Act and Endangered Species Act.
(Center for Biological Diversity Oct. 19, 2011)
> View/Download Court Opinion Oct. 18, 2011
(United States District Court for the District of Colorado ,
Judge William J. Martínez,
Civil Action No. 08-cv-01624-WJM-MJW,
Colorado Environmental Coalition; Information Network for Responsible Mining; Center for Native Ecosystems; Center for Biological Diversity; and Sheep Mountain Alliance, Plaintiffs, v. Office of Legacy Management; and United States Department of Energy, Defendants.)
DOE issues Notice of Intent To Prepare a Programmatic Environmental Impact
Statement for the Uranium Leasing Program
DOE announces its intent to prepare a Programmatic
Environmental Impact Statement (PEIS)
to analyze the reasonably foreseeable environmental impacts, including
the site-specific impacts, of alternatives for the management of DOE's
Uranium Leasing Program (ULP), under which DOE administers tracts of
land for the exploration, development, and extraction of uranium and
vanadium ores. DOE's ULP includes tracts of land located in Mesa,
Montrose, and San Miguel counties in western Colorado that cover a
cumulative acreage of approximately 25,000 acres.
Federal Register: June 21, 2011 (Volume 76, Number 119) p. 36097-36100 (download full text )
The scoping period has been extended and will now close on September 9, 2011.
> Federal Register: July 21, 2011 (Volume 76, Number 140) p. 43678 (download full text )
District Court rules in favor of environmentalists regarding DOE Uranium Leasing Program
U.S. District Court Judge Wiley Daniel ruled Thursday (Jan. 14) that a coalition of conservation groups suing the DOE could now question officials and obtain leasing records for a 42-square-mile uranium mining program environmentalists claim threatens water quality and wildlife habitat near the Dolores and San Miguel rivers in southwestern Colorado and eastern Utah.
"This is a big victory for the Dolores and San Miguel rivers and a good sign for our litigation," Travis Stills of the Durango-based Energy Minerals Law Center said in a release. His organization is representing the Colorado Environmental Coalition, Information Network for Responsible Mining, Center for Native Ecosystems and Center for Biological Diversity in a lawsuit filed against the DOE and the Bureau of Land Management in July of 2008.
(Colorado Independent Jan. 20, 2010)
> View older issues
The Nuclear Regulatory Commission (NRC) and the Bureau of Land
Management (BLM) have finalized a Memorandum of Understanding (MOU) to
define the cooperative working relationship between the agencies in
each agency's preparation of National Environmental Policy Act (NEPA)
documents related to the extraction of uranium and thorium on public
lands administered by BLM.
> View NRC Docket ID NRC-2009-0578 [a Notice of Unavailability would have been more appropriate, though...]
Federal Register: January 8, 2010 (Volume 75, Number 5) p. 1088 (download full text )
The Railroad Commission of Texas requests comments on proposed Surface Mining and Reclamation Division forms, SMRD-3U, SMRD-5U, SMRD-38U, and SMRD-39U, as part of proposed repeals, new rules, and amendments in 16 TAC Chapter 11 (relating to Surface Mining and Reclamation Division), published in this issue of the Texas Register. The rulemaking proposal, pursuant to House Bill 3837, 80th Legislature (2007), implements the Commission's expanded statutory authority to regulate uranium exploration. The Commission is requesting comments on the proposed rulemaking, as well as the proposed forms.
The Commission will accept comments until 5:00 p.m., December 7, 2009.
Texas Register Volume 34, Number 45, November 6, 2009, Pages 7717-7924:
Proposed 16 TAC Chapter 11. SURFACE MINING AND RECLAMATION DIVISION, Subchapter C. SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING
Request for Comments on Surface Mining and Reclamation Division Forms
The NRC has issued a Regulatory Issue Summary clarifying its position on the licensing requirements for satellite facilities for existing uranium in situ leach operations: For NRC staff to consider approving additions or enhancements to facilities not located at the existing licensed site through amendment of the existing ISR license, the licensee must show a "strong connection" between the proposed additions or enhancements and the existing licensed operations. The strong connection can be met by either of two ways:
- Operational Connection - Demonstrating that the new facility would not be
functional without the existing facility.
- Hydrogeologic Connection - An existing ISR licensee is proposing the addition of
a new ISR/resin operation involving well fields containing the ore zone, and
hydrogeologic conditions that are the same as the existing licensed ISR/resin
operations.
> Download NRC Regulatory Issue Summary 2009-14, Licensing approach for uranium in situ recovery facility applications, November 5, 2009 (168k PDF)
> See also: Powertech sues Colorado over state's rules for groundwater protection at uranium in situ leach mines
Colorado agency approves new rules to protect groundwater during in-situ leach uranium mining:
State officials have approved new rules intended to protect Colorado's groundwater during a type of uranium mining that extracts the mineral by injecting a solution underground.
The requirements approved Thursday (Aug. 12) by the Mined Land Reclamation Board include detailed environmental protection plans for uranium mines and maintaining existing groundwater quality or at state standards.
Mine applications must include detailed information on the pre-mining water quality. Public input will be allowed.
The rules carry out three laws passed by the Legislature in 2008 out of concern about in-situ, or "in place," mining, which injects a solution underground to dissolve and extract the mineral.
An in-situ uranium mine has been proposed about 70 miles north of Denver.
(AP Aug. 12, 2010)
Among the key provisions of the new rules:
- All uranium mines are now Designated Mining Operations, requiring detailed environmental protection plans.
- In-situ leach uranium mine applications must protect groundwater to existing conditions or to state ground water standards.
- In-situ leach uranium mine applications must demonstrate that the proposed mining technology has been used at five other locations without harming groundwater quality.
- In-situ leach uranium mine applications must include detailed baseline hydrology information.
- In-situ leach uranium mine applicants cannot receive a permit if the applicant is in violation at another operation.
- Prospecting notices are now largely public information.
- Public comment is now allowed on prospecting notices.
- DRMS may now assess in-situ leach uranium mine applicants for extraordinary costs associated with permit reviews.
The rules must be reviewed by the Attorney General for consistency with statute and the state Constitution. Following the Attorney General’s review, the final rules will be published by the Secretary of State and become effective 20 days later.
(Colorado Division of Reclamation, Mining and Safety, Aug. 12, 2010)
> Download Colorado DRMS release Aug. 12, 2010 (PDF)
Rulemaking scheduled:
On Jan. 28, 2010, the Colorado Mined Land Reclamation Board scheduled the rulemaking:
- February 23, 2010 - Deadline for requests for party status.
- March 15, 2010 - Deadline for written public comments by non-parties. - Deadline extended -
> Download Rulemaking Press Release January 28, 2010 (PDF)
Comments invited:
On Oct. 20, 2009, the Colorado Division of Reclamation, Mining and Safety (DRMS) issued a redraft of the rules for HB08-1161.
Deadline for written comments is November 10, 2009.
A stakeholder meeting will be held on December 3, 2009.
> View Colorado DRMS Rulemaking
> Download Draft Set of Proposed New Rules and Revisions to Hard Rock Rules October 20, 2009 (511k PDF)
> View HB08-1161 details
At the request of the Commission, NRC staff assessed the groundwater impacts of some currently licensed in-situ leach uranium mines:
COGEMA's Irigaray/Christensen Ranch facility and PRI's Smith Ranch/Highland Uranium Project facility in Wyoming and Crow Butte Resources' Crow Butte facility in Nebraska; sites in Texas were not included, however.
The following failure mechanisms were analyzed (surface spills of liquids were not considered):
- Residual constituent concentrations in excess of baseline concentrations after the restoration of the production aquifer
"[...] NRC has approved 11 groundwater restorations at the 3 facilities. The data show that over 60 percent of the constituents were restored to their pre-operational concentrations. Although the remaining constituents were restored to concentrations that were above baseline levels, they were all restored to levels that NRC staff found to be protective of public health and the environment."
- Migration of production liquids from the production aquifer to the surrounding
aquifers during operation
"[...] The data show over 60 events had occurred at the 3 facilities. For most of those events, the licensees were able to control and reverse them through pumping and extraction at nearby wells. Most excursions were shortlived, although a few of them continued for several years. None had resulted in environmental impacts."
- Mechanical failure of the subsurface well materials releasing production fluids into the overlying aquifers
"[...] The data indicates that a small percentage of the wells tested failed and they were replaced. One licensee also investigated the overlying aquifers and found no impacts for five of six MIT failures and mitigated the impact found from the remaining failure. The other two licensees did not specifically investigate the overlying aquifers; however, the aquifer above the production zone is continually monitored as part of the excursion monitoring program and data from that monitoring did not identify any impact attributable to well failure."
- Movement of constituents to groundwater outside the licensed area
"[...] The data from those monitoring programs do not show impacts attributable to the ISR facility. The staff is unaware of any situation indicating that: (1) the quality of groundwater at a nearby water supply well has been degraded; (2) the use of a water supply well has been discontinued; or (3) a well has been relocated because of impacts attributed to an ISR facility."
> Download Memorandum: Staff assessment of groundwater impacts from previously licensed in-situ uranium recovery facilities, July 10, 2009 (ADAMS Acc. No. ML091770187) · Enclosure: Data on groundwater impacts at the existing ISR facilities (ADAMS Acc. No. ML091770385)
> View: Staff Requirements Memorandum M081211 - Briefing on Uranium Recovery, Jan. 8, 2009
> Download Regulatory Issue Summary 2009-09 on use of multiple dosimetry and compartment factors in determining effective dose equivalent from external radiation exposures, July 13, 2009
On July 13, 2009, the U.S. EPA announced that it has identified the hardrock mining industry as its priority for developing financial assurance requirements. Financial assurance requirements help ensure that owners and operators of these facilities, not taxpayers, foot the bill for environmental cleanup. These requirements will be developed under section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act, commonly called "Superfund." EPA plans to propose the rule by spring of 2011. The agency will publish a notice of this priority in the Federal Register, which is the first step toward developing the requirements.
Hardrock mining facilities include those that extract, beneficiate and process metals (including uranium) and non-metallic, non-fuel minerals.
> View Superfund Financial Responsibility (EPA)
> Download: Identification of Priority Classes of Facilities for Development of CERCLA Section 108(b) Financial Responsibility Requirements, July 10, 2009 (119k PDF)
Federal Register: July 28, 2009 (Volume 74, Number 143) p. 37213-37219 (download full text )
> View Further information under Docket ID No. EPA-HQ-SFUND-2009-0265
This document describes the process that the U.S. Department of Energy (DOE) Office of Legacy Management (LM) will use as guidance for assuming perpetual responsibility for a closed uranium mill tailings site. The process specifically addresses sites regulated under Title II of the Uranium Mill Tailings Radiation Control Act (UMTRCA) but is applicable in principle to the transition of sites under other regulatory structures, such as the Formerly Utilized Sites Remedial Action Program.
> Download Process for Transition of Uranium Mill Tailings Radiation Control Act Title II Disposal Sites to the U.S. Department of Energy Office of Legacy Management for Long-Term Surveillance and Maintenance, June 2009 , U.S. Department of Energy, Office of Legacy Management (525k PDF)
EPA to hold teleconference and public meeting on draft report "Considerations Related to Post-Closure Monitoring of Uranium In-Situ Leach/In-Situ Recovery (ISL/ISR) Sites":
The EPA Science Advisory Board (SAB) Staff Office announces a public meeting (July 18-19, 2011) and teleconference (July 12, 2011) of the Radiation Advisory Committee (RAC) augmented for an advisory review of EPA's draft report "Considerations Related to Post-Closure Monitoring of Uranium In-Situ Leach/In-Situ Recovery (ISL/ISR) Sites."
Written statements should be supplied by noon July 5, 2011 for the teleconference, and by noon on July 14, 2011.
> Federal Register: June 23, 2011 (Volume 76, Number 121) p. 36918-36919 (download full text )
The EPA Science Advisory Board (SAB) Staff Office announces
two teleconferences of the SAB Augmented Radiation Advisory Committee
(RAC) to discuss the draft advisory report related to uranium and
thorium in-situ leach recovery and post-closure stability monitoring.
The public teleconferences will be conducted on Tuesday,
September 6, 2011 and Wednesday, October 5, 2011, from 1 p.m. to 4 p.m.
(Eastern Daylight Time).
> Federal Register: August 16, 2011 (Volume 76, Number 158) p. 50728-50729 (download full text )
> Access review materials (EPA SAB)
> Download Draft Technical Report: Considerations Related to Post-Closure Monitoring Of Uranium In-Situ Leach/In-Situ Recovery (ISL/ISR) Sites, June 2011
Request for Nominations of Experts for Review of EPA's Draft Technical Report Pertaining to Uranium and Thorium In-Situ Leach Recovery and Post-Closure Stability
Monitoring:
The EPA Science Advisory Board (SAB) Staff Office is requesting public nominations for technical experts to augment the SAB's Radiation Advisory Committee (RAC) to review and provide advice on EPA's draft scientific and technical report on Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings.
Nominations should be submitted by December 15, 2010.
Federal Register: November 24, 2010 (Volume 75, Number 226) p. 71702-71703 (download full text )
> Download EPA announcement June 30, 2009 (PDF)
> View background information
> View EPA Rulemaking Gateway
> View EPA Discussion Forum
EPA presents dose and risk estimates for radon emissions from existing and hypothetical uranium mills and from in situ leach uranium mines in USA
On Nov. 10, 2011, EPA released a report presenting dose and risk estimates for radon releases from each uranium in situ leach mine, from each licensed uranium mill and its associated tailings impoundments, and from two generic mill sites in the Western U.S. (New Mexico) and Eastern U.S (Virginia). The assessment calculates collective doses, and individual doses for the "reasonably maximally exposed individual", using the CAP88 software.
The maximum annual population dose determined is 200.3 person-rem [2.003 person-Sv], and the maximum annual dose received by a reasonably maximally exposed individual is 28.2 mrem [0.282 mSv] (both for the Eastern Generic site); these doses are the highest by far among all sites.
> Download: Risk Assessment Revision for 40 CFR Part 61 Subpart W – Radon Emissions from Operating Mill Tailings, Task 4 - Detailed Risk Estimates , November 10, 2011 (2MB PDF)
EPA and plaintiffs reach agreement on review and possible revision of radon emission standard for operating uranium mill tailings
An agreement reached between the Environmental Protection Agency and plaintiffs in a lawsuit could result in stronger limits on radon emissions from uranium mills, including a proposed operation near Naturita, between Durango and Grand Junction.
Colorado Citizens Against ToxicWaste , representing concerned residents living near the Cotter mill in Cañon City, and WildEarth Guardians filed the suit in 2008, according to a news release from the Cañon City group.
The lawsuit and settlement were reached with the help of the Energy Minerals Law Center, a Durango-based nonprofit.
Travis Stills, an attorney with the law center, said in a phone interview Sunday that the settlement compels the EPA to revisit its limits on the radioactive gas, which haven't been reviewed or changed in 20 years.
It also requires the agency to take various strides to ensure the public is included in the drafting of the new rules.
(Durango Herald Sep. 7, 2009)
Written comments on the proposed settlement agreement must be
received by October 5, 2009.
Federal Register: September 4, 2009 (Volume 74, Number 171) p. 45851-45852 (download full text )
> Docket Docket ID EPA-HQ-OGC-2009-0679
EPA to hold meeting on review and possible revision of radon emission standard for operating uranium mill tailings
The US Environmental Protection Agency (EPA) , in conjunction with the Colorado Citizens Against Toxic Waste (CCAT) and Rocky Mountain Clean Air Action, will hold a public meeting in Cañon City, Colorado, on June 30, 2009. The purpose of the meeting is to discuss EPA's review and possible revision of 40 CFR 61 Subpart W.
The National Emission Standard for Hazardous Air Pollutants (NESHAP) Subpart W is the radon emission standard for operating uranium mill tailings. Members of EPA will discuss the Agency's plan in reviewing and possibly revising this standard. Additionally, members of the public will be invited to participate in a question and answer session after the presentation.
> View CDPHE notice June 23, 2009
> View Uranium Watch notice June 26, 2009 . Excerpt:
"Over twenty years ago, the Nuclear Regulatory Commission recommended that the limit or standard be set at 2 pico Curies per square-meter per second (pCi/m2-sec). Instead, the EPA set the limit at 20 pCi/m2sec. The Clean Air Act Amendments of 1990 required EPA to review this standard and, if appropriate, revise it within ten years. EPA failed to perform this non-discretionary duty by 2001."
> Download EPA 40 CFR 61 Subpart W - National Emission Standards for Radon Emissions From Operating Mill Tailings (PDF)
> View EPA 40 CFR 61 Subpart W Rulemaking Activity
The United States Nuclear Regulatory Commission (NRC) is
proposing to amend its regulations that govern the export and import of
nuclear equipment and material. In addition to updating, clarifying and
correcting several provisions, this proposed rule would allow Category
1 and 2 quantities of materials listed in the Commission's regulations
to be imported under a general license. The proposed rule would also
revise the definition of "radioactive waste" and remove the
definition of "incidental radioactive material."
The comment period for this proposed rule ends on September 8, 2009.
Federal Register: June 23, 2009 (Volume 74, Number 119) p. 29614-29630 (download full text )
[...]
The staff recognizes that NUREG-1569, "Standard Review Plan for In Situ Leach Uranium Extraction License Applications," provides guidance that is not consistent with the requirements in Criterion 5B of Appendix A discussed above. In particular, the NUREG-1569 discussion of groundwater restoration to "pre-operational class of use" as being a secondary standard is not
accurate, and is not an appropriate standard to use in evaluating license applications. Criterion 5B contains the appropriate standards that will be applied to groundwater restoration at ISR facilities. [emphasis added]
As indicated above, the staff is now working with the EPA to resolve groundwater protection issues at ISR facilities and to revise Appendix A of 10 CFR Part 40 accordingly.
Regulatory Issue Summary 2009-05 (April 29, 2009)
Uranium recovery policy regarding:
(1) the process for scheduling licensing reviews of applications for new uranium recovery facilities, and
(2) the restoration of groundwater at licensed uranium in situ recovery facilities
> Download RIS-2009-05 (ADAMS Acc. No. ML083510622)
The Nuclear Regulatory Commission is seeking public comment on regulatory issues and options for potential changes to the agency's radiation protection regulations, to achieve greater alignment between the regulations and the 2007 recommendations of the International Commission on Radiological Protection (ICRP).
The NRC believes that the agency's current regulations continue to provide adequate protection of health and safety of workers, the public and the environment. The ICRP recommendations, contained in ICRP Publication 103 (2007), propose measures that go beyond what is needed to provide adequate protection. In a Staff Requirements Memorandum dated April 2, 2009, the Commission directed the staff to engage stakeholders and interested parties on the benefits and burdens of any potential regulatory changes based on the ICRP recommendations.
The staff will use public comments over the next two to three years to develop a technical basis for potential rulemaking, for presentation to the Commission.
"The Commission is concerned about the potential impact of effectively lowering the occupational dose limit to 2 rem [20 mSv] (from the current 5 rem [50 mSv]) per year," the Commission said in the memorandum.
> View NRC release Apr. 27, 2009
> Download Staff Notation Vote, SECY-08-0197, Dec. 18, 2008 (PDF)
> Download Staff Requirements Memorandum, SRM-08-0197, April 2, 2009 (PDF)
> See also: Options to Revise Radiation Protection Regulations and Guidance (NRC)
The U.S. Nuclear Regulatory Commission (NRC) is proposing to
issue a regulatory issue summary (RIS) to present its interpretation of
the regulations governing the commencement of construction found in 10
CFR 40.32(e).
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS) to inform addressees of the NRC's policy regarding pre-licensing construction activities at proposed uranium recovery facilities of all types (conventional mills, heap leach, and in situ recovery (ISR) facilities). The NRC is issuing this RIS in response to industry inquiries regarding the activities that applicants may undertake prior to receiving a license.
While the uranium industry interprets the regulations thus that pre-licensing construction activities are forbidden only for conventional mills, NRC staff maintains that this applies to all types of uranium recovery facilities. The applicant, therefore, must submit an exemption request before initiating any pre-licensing construction activities.
Comment period expires April 27, 2009.
Federal Register: March 27, 2009 (Volume 74, Number 58) p. 13483-13485 (download full text )
> See also: ADAMS Acc. No. ML083470668
On May 13, 2009, NRC announced the reopening of the public comment
period until May 15, 2009 (!).
Federal Register: May 13, 2009 (Volume 74, Number 91) p. 22599-22600 (download full text )
On Sep. 23, 2009, NRC issued the final NRC Regulatory Issue Summary 2009-12: Uranium recovery policy regarding site preparation activities at proposed, unlicensed uranium recovery facilities (ADAMS Acc. No. ML092090353 )
> Download NRC staff's evaluation of the comments received: ADAMS Acc. No. ML092100004
> for older issues, see Regulatory Issues - USA: (1995 - 1997) · (1998 - 1999) · (2000 - 2003) · (2004 - 2008)