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Regulatory Issues - USA (1995 - 1999)   flag

(last updated 20 Nov 2020)

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Map of the United States linking to State information. Source: USGS no selection

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ATSDR releases Final Toxicological Profile for Uranium

The U.S. Agency for Toxic Substances and Disease Registry has released its Final Toxicological Profile for Uranium (1999).
It is available for purchase from NTIS under the order no. PB99-163362.
> Now also available for download !
See announcement in Federal Register Dec. 16, 1999, p. 70263-70264: download full text

The draft toxicological profile had been released in 1997 and had been open for public comment.


EPA proposes standard for Radon in drinking water

EPA proposes a conditional standard of 300 pCi/liter (11.1 Bq/liter) for Radon in drinking water. States developing programs addressing indoor radon may apply the weaker standard of 4000 pCi/liter (148 Bq/liter). (EPA Headquarters Press Release Oct. 19, 1999)
EPA must receive public comments, in writing, on the proposed regulations by January 3, 2000.
> View Federal Register Notice (Nov. 2, 1999): Part 1 · Part 2 · Part 3
> View Further information

> See also:
GAO criticizes EPA Radon Rule for Drinking Water


NRC discusses disposal of other wastes in tailings deposits and alternate feed material guidance for uranium mills

SECY-99-012 - Use of Uranium Mill Tailings Impoundments for the Disposal of Waste Other than 11e.(2) Byproduct Material and Reviews of Applications to Process Material Other than Natural Uranium Ores
"SUMMARY: In September 1995, the staff issued guidance on: (1) the disposal of material other than Atomic Energy Act of 1954, as amended (AEA) 11e.(2) byproduct material in uranium mill tailings impoundments; and (2) the processing of material other than natural uranium ores (hereinafter, "alternate feed material") at uranium mills. Both of these guidance documents are provided in Attachment 1. The uranium recovery industry has raised concerns about this guidance. In this paper, the staff discusses the industry's concerns and provides recommendations to the Commission on ways to address the issues raised."
In this paper, the NRC staff proposes to seek legislative change with regard to the types of materials to be disposed of in an Atomic Energy Act 11e.(2) tailings impoundment. The proposed legislative change would allow disposal of non-AEA 11e.(2) byproduct material and hazardous materials, that is material that is not similar to uranium mill tailings.
Regarding the processing of alternate feed materials at uranium mills, the staff proposes to focus its review solely on the public health and safety aspects of such applications and to revise its guidance to eliminate any discussion about economics and consider the "primarily" test to determine the acceptability of an application to process alternate feed sufficient.
The revised guidance would also allow mill licensees to process alternate feed material without always obtaining prior NRC approval. Under this approach, licensees could request a performance-based license amendment authorizing processing of alternate feed material primarily for its source material content. The performance-based amendment would make individual amendments each time alternate feed material is to be processed unnecessary.

> Access SECY-99-012 (April 8, 1999): View HTML · Download WordPerfect 5.1
> View transcript of related public meeting on June 17, 1999
> View also: Staff Requirements Memorandum SECY-99-0012 (July 26, 2000)


NRC discusses In situ leaching regulations

SECY-99-013 - Recommendations on Ways to Improve the Efficiency of NRC Regulation at in Situ Leach Uranium Recovery Facilities
"SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has historically regulated operations at ISL facilities under the authority of the Atomic Energy Act of 1954, as amended (AEA). The uranium recovery industry, however, believes that NRC's regulation of ground water at these facilities is duplicative of the ground-water protection programs administered by the U.S. Environmental Protection Agency (EPA) or EPA authorized States under the Safe Drinking Water Act (SDWA). The industry also has raised concerns about staff guidance documents that it believes preclude the disposal of certain types of wastes generated at ISL facilities at uranium mill tailings impoundments. In this paper, the staff discusses the industry's concerns and provides recommendations to the Commission on ways to address the issues raised."
In this paper, NRC staff recommends for NRC to rely on the EPA Underground Injection Control program, thus removing NRC from the review of ground-water protection issues at ISL facilities.
The staff also recommends to exempt certain wastes produced during in situ leaching of uranium deposits from NRC regulation, thus simplifying disposal of such wastes.

> Access SECY-99-013 (March 12, 1999): View HTML · Download WordPerfect 5.1
> View transcript of related public meeting on June 17, 1999
> View also: Staff Requirements Memorandum SECY-99-0013 (July 26, 2000)

> See also: NRC develops approach for reducing or eliminating dual regulation of ground-water protection at ISL uranium facilities (2003)


U.S. NRC Releases Draft Rulemaking Plan: Domestic Licensing Of Uranium And Thorium Recovery Facilities - Proposed New 10 CFR Part 41

This rulemaking would update and revise the regulatory requirements for uranium and thorium recovery facilities in a new 10 CFR Part 41, "Domestic Licensing of Uranium and Thorium Recovery Facilities."
> Download SECY-99-011 (January 15, 1999): WordPerfect 5.1 · PDF format
> View transcript of related public meeting on June 17, 1999
  1. ADDITIONS TO THE EXISTING REGULATIONS:
    1. Regulations For In Situ Leach Facilities
    2. Addition of Regulations for Disposal of Other Material in Tailings Piles
    3. Criteria for Construction of 11e.(2) Byproduct Material Disposal Cells
    4. Addition of Regulations for Processing Alternate Feed Material
    5. Operational Flexibility Provision
    6. Requirement for Standby Trust
    7. Addition of General License Provision for 11e.(2) Byproduct Material
  2. DELETIONS FROM THE EXISTING REGULATIONS:
    1. Deletions of Prescriptive Site and Design Requirements
      This proposal would, among others, delete the no active maintenance requirement for uranium mill tailings deposits in 10 CFR 40 Appendix A Criterion 12: "The final disposition of tailings or wastes at milling sites should be such that ongoing active maintenance is not necessary to preserve isolation."
  3. MODIFICATIONS AND CLARIFICATIONS TO EXISTING REGULATIONS:
    1. Clarify the Meaning of 11e.(2) Byproduct Material as it Relates to Uranium Recovery Facilities
    2. Clarification of Reporting Requirements
    3. Clarification of Applicability of Siting and Design Requirements for Existing Facilities
    4. Modification of Annual Surety Requirements
    5. Update the Long-Term Surveillance Fee


NRC soliciting comments on Draft Standard Review Plan for Reclamation of Title II uranium tailings

from: Federal Register: February 3, 1999 (Vol. 64, No. 22) p.5321-5322 (download full notice ):

The U.S. Nuclear Regulatory Commission (NRC) is soliciting comments on a Draft Standard Review Plan for Review of a Reclamation Plan for Mill Tailings Sites Under Title II of the Uranium Mill Tailings Radiation Control Act (NUREG-1620) from interested parties.
The areas include radon attenuation and long-term stability of the reclaimed site, soil cleanup, and groundwater restoration reviews.
Written comments must be received prior to May 4, 1999.
> View NUREG-1620 , Draft Standard Review Plan for the Review of a Reclamation Plan for Mill Tailings Sites Under Title II of the Uranium Mill Tailings Radiation Control Act, January 1999 (636k)
> View NUREG-1623 , "Design of Erosion Protection for Long-Term Stabilization, Draft, Report for Comment, February 1999 (369k)

Note 1: the final NUREG-1620 was published in July 2000.
Note 2: the final NUREG-1623 was published in September 2002.


EPA conducting nationwide study of Class V underground injection wells

"The Environmental Protection Agency (EPA) Office of Ground Water and Drinking Water (OGWDW) is collecting information on Class V injection wells. This information collection is being conducted to meet the requirements of the Safe Drinking Water Act (SDWA) and EPA’s modified consent decree with the Sierra Club. Section 1421 of the SDWA requires EPA to publish proposed and final regulations which prevent underground injection that endangers Underground Sources of Drinking Water (USDWs.) The consent decree requires EPA to conduct a study of Class V wells to determine if additional regulations for Class V injection wells are necessary to protect USDWs. If EPA determines that additional regulations are necessary, the information collected in the study will be used to develop them."

> View details: Class V Underground Injection Control Study
> Download Information Summaries:

Federal Register: July 13, 1999 (Vol. 64, No. 133) p. 37803-37805 (Environmental Protection Agency: Notice of Availability of Draft Summary of Class V Injection Well Study (EPA Working Draft))
EPA must receive public comment, in writing, on the draft Class V study by August 12, 1999.

> Federal Register January 7, 1999 (Vol. 64, No. 4) p. 1008-1009 (Environmental Protection Agency: Call for Peer Reviewers and Data on Aquaculture Injection Wells, Mining Wells, Sewage Treatment Effluent Wells, and Other Class V Injection Wells Including Certain Industrial Wells; Underground Injection Control (UIC) Class V Study)

See also further ongoing rulemaking in Federal Register July 29, 1998 (Vol. 63, No. 145), p. 40585-40619 (Environmental Protection Agency, 40 CFR Parts 144, 145, and 146, Class V Injection Wells Underground Injection Control Regulations, Revisions; Proposed Rule), and related Fact Sheet
> View DOE's Comments on Proposed UIC Class V Regulations (Nov. 30, 1998) (1M PDF format)


NRC to discuss uranium mine, mill, and tailings regulations

The Nuclear Regulatory Commission will hold public meetings on August 24-27, 1998 in Austin, Texas; Albuquerque, New Mexico; Casper, Wyoming; and Denver, Colorado, to discuss improving the regulatory framework used to license and regulate uranium and thorium extraction facilities, mill tailings and associated activities.
> View Federal Register Notice of Aug. 10, 1998
> View NRC News Release 98-136 of Aug.3, 1998
> View Briefing by National Mining Association on Regulation of the Uranium Recovery Industry (NRC meeting transcript June 17, 1998) and related NRC Staff Requirements Memorandum
> View Briefing by National and Wyoming Mining Associations (NRC meeting transcript May 13, 1997) and related NRC Staff Requirements Memorandum
> View Uranium Industry Briefing of the NRC Commissioners, May 13, 1997 (WMA)


EPA Issues Final Treatment Standards for Metal and Mineral Processing Wastes

Federal Register: May 26, 1998 (Vol. 63, No. 100), Rules and Regulations, p. 28555-28753:

Environmental Protection Agency

40 CFR Parts 148, 261, 266, 268, and 271

Land Disposal Restrictions Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastewaters; Final Rule

SUMMARY: This rule promulgates Land Disposal Restrictions treatment standards for metal-bearing wastes, including toxicity characteristic metal wastes, and hazardous wastes from mineral processing. The set of standards being applied to these wastes is the universal treatment standards. These standards are based upon the performance of the Best Demonstrated Available technologies for treating these, or similar, wastes. This rule also revises the universal treatment standards for twelve metal constituents, which means that listed and characteristic wastes containing one or more of these constituents may have to meet different standards than they currently do. [...]

Download: part 1 (p. 28555-28604) · part 2 (p. 28605-28654) · part 3 (p. 28655-28704) · part 4 (p. 28705-28753)

See also: Land Disposal Restrictions Phase IV Facts


Radiological Criteria for License Termination

NRC releases soil screening values for implementation of the Final Rule on Radiological Criteria for License Termination

from: Federal Register, December 7, 1999 (Vol. 64, No. 234), p. 68395-68396 (download full text ):
"Summary: This notice provides supplemental information regarding implementation of the Nuclear Regulatory Commission's (NRC) Final Rule on Radiological Criteria for License Termination (License Termination Rule (LTR)) which was issued on July 21, 1997, (62 FR 39058). This notice provides: (1) screening values for surface soil contamination release levels; and (2) information on additional NRC efforts in dose modeling. [...]"

The screening values apply for unrestricted use of the area and are based on a dose limit of 25 mrem/a (0.25 mSv/a). The value for radium-226, for example, is listed as 0.7 pCi/g, that is 0.0259 Bq/g.
This is by far lower than EPA's standard for cleanup of land at inactive uranium processing sites in 40 CFR 192.12, for example, listing radium-226 at 5 pCi/g (0.185 Bq/g), averaged over the first 15 cm of soil below the surface.

Comments on these tables may be submitted within 30 days from the date of this notice.

NRC issues Final Rule "10 CFR Part 40 - Radiological Criteria for License Termination of Uranium Recovery Facilities"

from: Federal Register, April 12, 1999 (Vol. 64, No. 69), p. 17506-17510 (download full text ):
"SUMMARY: The U. S. Nuclear Regulatory Commission (NRC) is amending its regulations regarding decommissioning of licensed thorium mills and uranium recovery facilities to provide specific radiological criteria for the decommissioning of lands and structures. This final rule uses the existing soil radium standard to derive a dose criterion (benchmark approach) for the cleanup of byproduct material other than radium in soil and for the cleanup of surface activity on structures to be released for unrestricted use. This final rule is intended to provide a clear and consistent regulatory basis for determining the extent to which lands and structures can be considered to be decommissioned."
> View NRC News Release No. 99-70 (April 8, 1999)
> Access related NRC Staff Recommendations SECY-99-046 (Feb. 10, 1999): View · Download (WordPerfect 5.1)

NRC soliciting comments on "Draft Guidance on the Benchmark Dose Modeling for the Radiological Criteria for License Termination of Uranium Recovery Facilities"

from Federal Register, April 12, 1999 (Vol. 64, No. 69), p. 17690-17695 (download full notice ):
"SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting comments on draft guidance for the radium benchmark dose approach, associated with the final rule, ``Radiological Criteria for License Termination of Uranium Recovery Facilities,'' that is in this publication. The guidance will be incorporated into the NRC final Standard Review Plan (SRP) for the Review of Reclamation Plans for Mill Tailings Sites and the SRP for In-Situ Leach Uranium Extraction License Applications. Public comments should be submitted within sixty (60) days of publication of this Notice."

U.S.NRC Final Rule excludes uranium mills and in-situ leaching mines
New Rule to be developed for mills and ISL mines

On 21 July 1997, the Nuclear Regulatory Commission published its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is terminated. Other than the Proposed Rule, the Final Rule does not apply for uranium mills and uranium in-situ leaching mines.
The text of the rule was published in Federal Register of July 21, 1997 (Vol.62, No.139) p.39057-39092 (download full rule (250k) )
See also NRC Technical Conference Forum: Final License Termination Rule

NRC now plans to develop a separate rule for the radiological cleanup criteria for uranium mills and in-situ leaching mines ("Radiological Criteria for License Termination: Uranium Recovery Facilities").
The NRC request for public comments on this issue was published in Federal Register of July 21, 1997 (Vol.62, No.139) p.39093- 39095 (download full text ). It is also available for online viewing .
View related NRC Press release No.97-106 of July 21, 1997.
> Watch NRC Rulemaking: "Request for Additional Comments on Uranium Recovery Facilities"
> View SECY-98-084 - Status of Efforts to Finalize Regulations for Radiological Criteria for License Termination: Uranium Recovery Facilities (April 15, 1998)

Comments on the proposed rule:

Background material:


Amendment of Occupational Radiation Protection - U.S. DOE Final Rule

U.S. Department of Energy: 10 CFR Part 835 - Occupational Radiation Protection; Final Rule. In: Federal Register, November 4, 1998 (Volume 63, Number 213) p. 59661-59689
> download full text of rule

See also:

U.S. Department of Energy: 10 CFR Part 835 - Occupational Radiation Protection; Proposed Rule. Notice of proposed rulemaking and public hearings. In: Federal Register, December 23, 1996 (Volume 61, Number 247), p.67599-67621, download via GPO Access

SUMMARY: The Department of Energy (DOE) is proposing to amend its primary standards for occupational radiation protection. This proposed rule amendment is the culmination of a systematic analysis to identify the elements of a comprehensive radiation protection program and determine those elements of such a program that should be codified. As a result of this analysis, DOE proposes amendments to all of the subparts of 10 CFR part 835 . The analysis included a review of the requirements in DOE Notice 441.1 , ``Radiological Protection for DOE Activities,'' (extended by DOE N 441.2) that resulted in the proposed codification of certain provisions of that Notice, including requirements for posting of areas where radioactive material is present and for control of sealed radioactive sources. Several additional changes are proposed to ensure continuity in DOE's system of radiation protection standards by codifying in part 835 critical provisions of the ``DOE Radiological Control Manual '' (Manual), which is no longer a mandatory standard. DOE also proposes to explicitly exclude from part 835 radioactive material transportation conducted in compliance with applicable DOE Orders and certain activities conducted on foreign soil.

[...]

For further information, see also Proposed 10 CFR 835 Amendment


EPA Announces Stakeholder Meeting on Possible Revisions to National Primary Drinking Water Regulations for Radionuclides

from Federal Register, Nov.7, 1997 (Vol. 62, No. 216) p. 60242-60243 (download full notice ):
"SUMMARY: On December 11 and 12, 1997, the Environmental Protection Agency (EPA) will hold a public meeting in Washington, D.C., to discuss issues concerning development and revisions of National Primary Drinking Water Regulations (NPDWRs) for radionuclides. The radionuclides, for purposes of this meeting, include alpha emitters, beta and photon emitters, radium and uranium, but do not include radon. Under a court order on stipulated agreement by the parties, EPA agreed to publish final regulations for uranium, and revise as necessary the current alpha, beta and photon emitters, and radium NPDWRs by November 2000. The Agency is in the process of reviewing current scientific information, new technologies, cost factors, implementation issues, and other considerations relating to these contaminants in light of the Safe Drinking Water Act Amendments of 1996. Before deciding on any course of action, EPA is interested in obtaining the views of individuals, agencies, and organizations, who have a stake in possible revisions to the drinking water regulations for radionuclides. The meeting is open to all members of the public at no cost."


ATSDR releases Draft Toxicological Profiles for Uranium

The Agency for Toxic Substances and Disease Registry (ATSDR ) announces the availabilty of new draft toxicological profiles for uranium and a number of compounds and materials containing uranium.

From Federal Register October 28, 1997 (Vol. 62, No. 208), Page 55817-55818 (download full notice ):

"SUMMARY: This notice announces the availability of two new draft toxicological profiles, comprising the 1st set developed for the Department of Energy, prepared by ATSDR for review and comment.

DATES: To ensure consideration, comments on these draft toxicological profiles must be received on or before February 17, 1998." [...]


NRC Presents Draft Standard Review Plan For In Situ Uranium Extraction License Applications

from Federal Register October 22, 1997 (Vol. 62, No. 204), Page 54885 (download full notice ):
"SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting comments on a Draft Standard Review Plan for in Situ Uranium Extraction License Applications (NUREG-1569) from interested parties. A NRC source and byproduct material license is required under the provisions of Title 10 of the Code of Federal Regulations, Part 40 (10 CFR Part 40), Domestic Licensing of Source Material, to recover uranium by in situ leach uranium extraction mining techniques (in situ leaching)." [...]
"Opportunity to Comment: Interested parties are invited to comment on the review plan. Interested parties are also asked to comment on the level and extent that staff could rely on technical reviews performed by non-agreement states in areas where the NRC and the State have concurrent regulatory authority. These areas include land application, nonradiological soil cleanup, upper control limit, and groundwater restoration reviews. A final review plan will be prepared after the NRC staff has evaluated public comments received on the draft review plan.

DATES: Written comments must be received prior to December 8, 1997." [...]


Correction of Occupational Exposure Limit for Uranium in Air - U.S. Dept. of Labor

On August 4, 1997, the Occupational Safety and Health Administration of the Department of Labor published corrections to its Air Contaminants Rule in 29 CFR Part 1910:

From Federal Register, August 4, 1997 (Volume 62, Number 149), Page 42017-42018 (download full notice ):

SUMMARY: This document makes corrections to the OSHA standard on Air Contaminants. Specifically, this document corrects typographical errors in the table containing limits for air contaminants and the table on mineral dusts.

EFFECTIVE DATE: September 3, 1997.

(...)
The exposure limit for Uranium insoluble compounds is incorrectly listed as 0.05 mg/m\3\. It should be listed as 0.25 mg/m\3\.
(...)

Note: This leaves the exposure limit for soluble uranium compounds unchanged at 0.05 mg/m\3\. (Table Z-1)


Uranium Mill Tailings Remedial Action (UMTRA) Ground Water Project - U.S.DOE Record of decision

U.S. Department of Energy: Uranium Mill Tailings Remedial Action (UMTRA) Ground Water Project; Record of decision. In: Federal Register: April 28, 1997 (Vol. 62, No. 81), Notices, page 22913- 22916, (download full text )
SUMMARY: The Department of Energy (DOE) is issuing this Record of Decision regarding its programmatic decision for the Uranium Mill Tailings Remedial Action (UMTRA) Ground Water Project. This decision enables DOE to take action under its UMTRA Ground Water Project, and is based on the environmental analyses in the Final Programmatic Environmental Impact Statement (PEIS) for the Uranium Mill Tailings Remedial Action Ground Water Project (DOE/EIS-0198), which DOE issued in December 1996. The Nuclear Regulatory Commission, the Navajo Nation, the Hopi Tribe, the State of Colorado and the State of Texas cooperated in the preparation of the PEIS.
Under Title I of the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), DOE is responsible for performing remedial action to bring 22 designated former uranium mill processing sites into compliance with applicable Environmental Protection Agency (EPA) standards for milling-related contamination (40 CFR part 192). Under DOE's UMTRA Surface Project, DOE has completed surface remediation at 20 sites and work is underway at the remaining two sites. These sites are located in nine States and are on or near four Indian Tribal lands. The shallow ground water at most of these sites has been contaminated with uranium, nitrates, and other milling-related contaminants. The purpose of the UMTRA Ground Water Project is to protect human health and the environment by meeting EPA's ground water standards, which were issued January 11, 1995.
DOE has decided to implement the Proposed Action for conducting the Ground Water Project. The Proposed Action, which was identified as DOE's preferred alternative in the final PEIS, is intended to establish a consistent risk-based framework for implementing the UMTRA Ground Water Project and determining appropriate ground water compliance strategies for complying with EPA ground water standards at the UMTRA project former processing sites. Under this preferred alternative, DOE may use active, passive, and no-remediation strategies to comply with the ground water standards as conditions warrant at specific sites.
Before making site-specific decisions to implement the preferred alternative for the Ground Water Project, DOE will prepare appropriate further National Environmental Policy Act (NEPA) documentation. DOE encourages affected States, tribes, local government agencies and members of the public to continue to participate in the site-specific decision making processes for the Ground Water Project.

FOR FURTHER INFORMATION CONTACT: Further information on the final PEIS can be obtained by contacting Mr. Donald R. Metzler, Grand Junction Office, Department of Energy, 2567 B 3/4 Road, Grand Junction, Colorado 81503, telephone 970-248-7612. Information about the Department of Energy National Environmental Policy Act process can be obtained by contacting Carol M. Borgstrom, Director, Office of NEPA Policy and Assistance, EH-42, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, D.C. 20585, telephone 202-586-4600, or leave a message at 800-472-2756.
[...]

See also: U.S. Department of Energy: Final Programmatic Environmental Impact Statement for the Uranium Mill Tailings Remedial Action Ground Water Project; Notice of availability. In: Federal Register, December 20, 1996 (Vol.61, No.246), p.67325-67326, download via GPO Access
View Final PEIS: VOLUME I · VOLUME II


National Emissions Standards for Radionuclide Emissions From Facilities Licensed by the Nuclear Regulatory Commission and Federal Facilities not Covered by Subpart H - U.S. EPA Final Rule

U.S. Environmental Protection Agency: 40 CFR Part 61 - National Emissions Standards for Radionuclide Emissions From Facilities Licensed by the Nuclear Regulatory Commission and Federal Facilities not Covered by Subpart H, Final Rule. In: Federal Register, December 30, 1996 (Vol.61), p.68971-68981, download via GPO Access

SUMMARY: EPA is rescinding 40 CFR part 61, subpart I (subpart I) as it applies to Nuclear Regulatory Commission (NRC) or NRC Agreement State licensed facilities other than commercial nuclear power reactors. Subpart I is a National Emission Standard for Hazardous Air Pollutants (NESHAPs) which was published on December 15, 1989 and which limits radionuclide emissions to the ambient air from NRC-licensed facilities. As required by section 112(d)(9) of the Clean Air Act as amended in 1990, EPA has determined that the NRC regulatory program for licensed facilities other than commercial nuclear power reactors protects public health with an ample margin of safety, the same level of protection that would be afforded by continued implementation of subpart I.


Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act - U.S.NRC Rule

U.S. Nuclear Regulatory Commission: 10 CFR Part 20 - Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act; Final Rule. In: Federal Register, December 10, 1996 (Vol.61, No.238), p.65119-65127, download via GPO Access

"SUMMARY: The Nuclear Regulatory Commission is amending its regulations to establish a constraint of 10 mrem (0.1 mSv) per year total effective dose equivalent (TEDE) for dose to members of the public from air emissions of radionuclides from NRC licensed facilities other than power reactors. This action is necessary to: Provide assurance to the Environmental Protection Agency (EPA) that future emissions from NRC licensees will not exceed dose levels that EPA has determined will provide an ample margin of safety; and to provide EPA a basis upon which to rescind its Clean Air Act (CAA) regulations as defined in 40 CFR Part 61 for NRC licensed facilities (other than power reactors) and Agreement State licensees, thereby relieving these licensees from unnecessary dual regulations.
EFFECTIVE DATE: This rule will become effective January 9, 1997."
Radon-222 is not covered in this rulemaking.


Uranium Mill Facilities: Availability of Final Staff Technical Position on Alternate Concentration Limits for Title II Uranium Mills - U.S. NRC Notice of Availability

U.S. Nuclear Regulatory Commission: Uranium Mill Facilities: Availability of Final ``Staff Technical Position on Alternate Concentration Limits for Title II Uranium Mills'' Notice of availability.
In: Federal Register, February 26, 1996 (Vol.61, No.38), Notices, p.7127, download via GPO Access

"SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is announcing the availability of its final ``Staff Technical Position on Alternate Concentration Limits for Title II Uranium Mills.'' The purposes of this final Staff Technical Position (STP) are to provide: (1) Guidance on NRC staff's interpretation of the applicable regulations for establishing alternate concentration limits (ACLs) at uranium mills and tailings impoundment sites regulated under Title II of the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978; (2) a Standard Format and Content Guide for ACL applications; and (3) standard criteria and procedures for ACL application reviews by NRC and Agreement States.
The final STP on ACLs for Title II uranium mills represents a revised and updated version of NRC's draft final STP, which was announced in the Federal Register on March 21, 1994 (59 FR 13345). The revisions were made largely in response to comments that NRC received on the draft final STP.
The final STP on ACLs for Title II uranium mills was prepared pursuant to the regulatory requirements for ground-water protection in Criterion 5 of Appendix A to 10 CFR Part 40, and is therefore only applicable to uranium mills and mill tailings impoundment sites regulated under Title II of UMTRCA. However, NRC will use the same technical approach in reviewing ACL applications for uranium mills and mill tailings impoundment sites that are regulated under Title I of UMTRCA, with modifications to reflect differences between UMTRCA's Title I and Title II programs.
Effective immediately, the staff will use this final STP instead of the draft final STP in reviewing ACL applications on file as well as new ACL applications.

ADDRESSES: Copies of the final STP on ACLs for Title II uranium mills may be requested by writing to: Mr. Joseph J. Holonich, Chief, Uranium Recovery Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards, Mailstop T7J- 9, U.S. Nuclear Regulatory Commission, Washington, DC 20555, or by calling (301) 415-7238.

FOR FURTHER INFORMATION CONTACT: Dr. Latif S. Hamdan, Uranium Recovery Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards, Mailstop T7J-9, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 415-6639.

SUPPLEMENTARY INFORMATION: Persons interested in commenting on the final STP on ACLs for Title II uranium mills may provide written comments to Chief, Uranium Recovery Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards, Mailstop T7J-9, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Comments received will be considered in any future revisions of the STP. There is no date set for expiration of the comment period."
[...]

The Atlantic Richfield Company's (ARCO) Bluewater Uranium Mill and Tailings Site near Grants, New Mexico was the first site, were the NRC approved ACLs according to the above mentioned Staff Technical Position.


Uranium Recovery Facilities: Availability of Staff Technical Position on Effluent Disposal at Licensed Uranium Recovery Facilities - U.S.NRC Notice of Availability

U.S. Nuclear Regulatory Commission: Uranium Recovery Facilities: Availability of Staff Technical Position on Effluent Disposal at Licensed Uranium Recovery Facilities; Notice of availability. In: Federal Register, May 26, 1995 (Vol.60, No.102), Notices, p.27993-27994, download via GPO Access

"SUMMARY: The Nuclear Regulatory Commission is announcing the availability of ``Staff Technical Position on Effluent Disposal at Licensed Uranium Recovery Facilities.'' This Staff Technical Position (STP) is a NRC staff guidance document that provides guidance and discusses the technical and regulatory basis for review and evaluation of proposals for disposal of liquid waste at licensed uranium recovery facilities, including conventional mills and in situ leach facilities. The STP is primarily intended to guide NRC staff reviews of site-specific proposals for disposal of liquid waste, but it can also be used by licensees and applicants for preparation of such proposals.

ADDRESSES: Copies of the STP on effluent disposal at licensed uranium recovery facilities may be requested by writing to: Dr. John H. Austin, Chief, Performance Assessment and Hydrology Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards, Mailstop 7-D-13 TWFN, U.S. Nuclear Regulatory Commission, Washington DC 20555, or by calling (301) 415-7252.

FOR FURTHER INFORMATION CONTACT:Dr. Latif S. Hamdan, Performance Assessment and Hydrology Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards, Mailstop 7-D- 13 TWFN, U.S. Nuclear Regulatory Commission, Washington DC 20555. Telephone: (301) 415-6639.

SUPPLEMENTARY INFORMATION: Persons interested in commenting on the STP on effluent disposal at licensed uranium recovery facilities may provide written comments to Chief, Performance Assessment and Hydrology Branch, Mail Stop TWFN 7-D-13, Division of Waste Management, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Comments received will be considered in any future revisions of the STP. There is no date set for expiration of the comment period."
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Groundwater Standards for Remedial Actions at Inactive Uranium Processing Sites - U.S.EPA Final Rule

U.S. Environmental Protection Agency: 40 CFR Part 192 - Groundwater Standards for Remedial Actions at Inactive Uranium Processing Sites; Final Rule. In: Federal Register Vol.60, No.7, Wednesday, January 11, 1995, p.2854-2871. (FTP-download (126k) )

The complete text of 40 CFR Part 192 - Health and Environmental Standards for Uranium and Thorium Mill Tailings as amended is also available for Download (75k, PDF format).

"SUMMARY: The Environmental Protection Agency is issuing final regulations to correct and prevent contamination of groundwater beneath and in the vicinity of inactive uranium processing sites by uranium tailings. EPA issued regulations (40 CFR part 192, subparts A, B, and C) for cleanup and disposal of tailings from these sites on January 5, 1983. These new regulations replace existing provisions at 40 CFR 192.20(a)(2) and (3) that were remanded by the U.S. Court of Appeals for the Tenth Circuit on September 3, 1985. They are promulgated pursuant to Section 275 of the Atomic Energy Act, as amended by Section 206 of the Uranium Mill Tailings Radiation Control Act of 1978 (Public Law 95- 604).
The regulations apply to tailings at the 24 locations that qualify for remedial action under Title I of Public Law 95-604. They provide that tailings must be stabilized and controlled in a manner that permanently eliminates or minimizes contamination of groundwater beneath stabilized tailings, so as to protect human health and the environment. They also provide for cleanup of contamination that occurred before the tailings are stabilized."

Main points of the rule:


Final Revised Guidance on Disposal of Non-Atomic Energy Act of 1954, Section 11e.(2) Byproduct Material in Tailings Impoundments - U.S.NRC Notice of final guidance

U.S. Nuclear Regulatory Commission: Uranium Mill Facilities, Notice of Two Guidance Documents: Final Revised Guidance on Disposal of Non-Atomic Energy Act of 1954, Section 11e.(2) Byproduct Material in Tailings Impoundments; Final Position and Guidance on the Use of Uranium Mill Feed Materials Other Than Natural Ores; Notice of final guidance. In: Federal Register: September 22, 1995 (Volume 60, Number 184), Notices, Page 49296- 49297], download via GPO Access

SUMMARY: The U.S. Nuclear Regulatory Commission has finalized two uranium mill licensing guidance documents after consideration of comments received in response to a request for public comment in a Federal Register notice published May 13, 1992 (57 FR 20525). Only minor changes were made to the proposed guidance documents titled, ``Revised Guidance on Disposal of Non-Atomic Energy Act of 1954, Section 11e.(2) Byproduct Material in Tailings Impoundments'' and ``Position and Guidance on the Use of Uranium Mill Feed Materials Other Than Natural Ores.''

 


Colorado

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Navajo Nation

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New Mexico

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North Dakota

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South Dakota

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Texas

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Utah

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Utah seeking State regulation of uranium mills and tailings

The State of Utah plans to extend its Agreement State status with the U.S. NRC to the regulation of uranium mills and tailings. This would allow the State to regulate the controversial alternate feed processing at the White Mesa mill and the reclamation of the Atlas Moab tailings pile by its own.
The public comment period for this proposal ended December 6, 1999.
> View UT DEQ DRC Scoping Document (Nov. 2, 1999)
> View Public Participation Document
> See also Deseret News Nov. 5, 1999

Utah Radiation Control Board adopts and suspends rule on alternate feed for uranium mills

On April 9, 1999, the Utah Radiation Control Board adopted a rule setting a requirement for a minimum uranium contents of 0.05% for materials to be accepted as alternate feed material for processing in a uranium mill.
Interested persons may present their views on this rule by submitting written comments no later than 5:00 p.m. on June 1, 1999. This rule may become effective on June 11, 1999.
> View Rule text R313-25-36, Alternate Feed Materials at Uranium Mills
> View Board Meeting Minutes of April 2 · April 9 , 1999

Meanwhile, however, the rule was tabled (= suspended). "The action was prompted by the threat of costly legal action and a decision to focus on other ways to confront the problem, said Dianne Nielson, director of the Utah Department of Environmental Quality and a member of the radiation control board." (Salt Lake Tribune August 11, 1999 )
> View Board Meeting Minutes of August 6, 1999

> View background information: Processing of alternate feed material at White Mesa uranium mill (Utah)
 


Virginia

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Wyoming

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Proposed Amendment to Wyoming Rules on In Situ Leaching

The Wyoming Department of Environmental Quality, Land Quality Division, has published the following proposed rules: There is also a version with changes marked available:
Draft Proposed Rules and Statement of Reasons Chapter VII & XI Rules Package 1L - In Situ: View or Download self-extracting WordPerfect 6.1 file


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