Regulatory Framework for Uranium Production Facilities in the U.S. Daniel M. Gillen

What’s in this Session? From the U.S. perspective Laws Roles of involved parties Regulations Guidance

Three Levels of the Regulatory Framework Laws (responsibilities) Regulations (CFR) Guidance

What should be considered in laws for Uranium Production regulation Law should provide a framework for regulation at the highest level Should establish the entities that are responsible for: Developing regulatory criteria Regulating UR activities Cleaning up legacy sites Providing long-term care Establishing the environmental process and considerations Should describe how these entities will interact

U.S. Laws Affecting Uranium Recovery Atomic Energy Act of 1954 National Environmental Policy Act of 1969 Uranium Mill Tailings Radiation Control Act of 1978 Other UR-Related Environmental Laws Clean Air Act Resource Conservation and Recovery Act Clean Water Act Safe Drinking Water Act

Separation of Roles Regulator or Competent Authority Establishes Standards, Oversees, Inspects, Enforces Operator/Licensee or Responsible Party Designs, Operates, Decommissions, Reports

Regulator Roles Establish the regulatory framework of regulations and guidance Review and approve plans for facility design, operation, decommissioning, and long-term care Inspect and enforce license conditions and regulations

The Identified Roles for Mill Tailings Waste EPA DOE or Licensee (Operator) NRC (Regulator) The Environmental Protection Agency sets the standards The Department of Energy or Licensee designs and constructs to meet standards The Nuclear Regulatory Commission Develops Regulations and Guidance and Reviews and Concurs in Design and Construction UMTRCA (Uranium Mill Tailings Radiation Control Act)

Regulations should consider: Uranium Production Regulations: What should be considered in developing regulations Regulations should provide the significant detailed requirements to be imposed on Uranium Production activities. Regulations should consider: Standards for protection against radiation (Radiation protection programs, dose limits) Process for licensing License content Recordkeeping and reporting Site closure criteria Environmental Assessment process Transportation; Export/Import

Level 2: NRC Regulations Part 2 General rules of practice for licensing Part 20 Radiation protection Part 40 Licensing source and byproduct material Part 51 Protection of the environment

10 CFR Part 20 Establishes standards for radiation protection for NRC-licensed activities Sets requirements for total dose to individuals Controls the receipt, possession, use, transfer, and disposal of licensed material by any licensee so that those dose levels are not exceeded

10 CFR Part 20 (continued) Part 20 includes regulations addressing: Radiation Protection Programs Occupational Dose Limits Radiation Dose Limits for Members of the Public Surveys and Monitoring Control of External Exposure in Restricted Areas Respiratory Protection and Controls to Restrict Internal Exposure in Restricted Areas Storage and Control of Licensed Material Waste Disposal Recordkeeping and Reporting Enforcement

10 CFR Part 40 Establishes procedures and criteria for issuing licenses to receive, possess, use, transfer, or deliver source (U3O8) and byproduct materials (Tailings Waste) Provides regulations for the disposal of byproduct material and for the long-term care and custody of tailings byproduct material

10 CFR Part 40 (continued) Key section: Appendix A to Part 40 – “Criteria Relating to the Operation of Uranium Mills and the Disposition of Tailings or Wastes Produced by the Extraction or Concentration of Source Material From Ores Processed Primarily for Their Source Material Content”

Appendix A Criteria Criterion 1 Provides general requirements for disposal cell location Criterion 2 Provides waste disposal requirements to avoid proliferation of sites Criterion 3 Provides requirements for below-ground disposal Criterion 4 Provides general site and design requirements for tailings disposal

Appendix A Criteria (continued) Criterion 5 Provides ground-water protection requirements, including liner requirements Criterion 6 Provides cover design requirements for closed uranium mill tailings impoundments (stability and radon control), and radiological criteria for soil clean-up during decommissioning Criterion 6A Provides a requirement for a Commission-approved reclamation plan; radon barrier timeliness requirements

Appendix A (continued) Criterion 7 Provides requirements for preoperational and operational monitoring programs Criterion 7A Provides requirements for detection, compliance, and corrective action groundwater protection programs Criterion 8 Provides requirements for air emission controls Criterion 8A Provides requirements for daily inspections of tailings/waste areas

Appendix A Criteria (continued) Criteria 9 and 10 Provide financial assurance requirements Criterion 11 Specifies site ownership requirements Criterion 12 Specifies long-term surveillance requirements Criterion 13 Specifies the list of potential groundwater hazardous constituents

10 CFR Part 51 Implements requirements of the National Environmental Policy Act of 1969 Contains environmental protection regulations applicable to NRC's licensing and related regulatory functions Addresses administrative procedures of the environmental review process, environmental reports prepared by applicants, and environmental impact statements prepared by NRC

EPA Standards for Site Remediation Long-Term Stability(1000 years) Groundwater (reference to Part 264) Cleanup of Land (5 pCi/g Ra) Cleanup of Buildings Radon Attenuation 20 pCi/m2/sec

Other Related Regulations Import/Export: NRC regulations at 10 CFR Part 110 Transportation Department of Transportation regulations at 49 CFR Chapter 1; Subpart A Hazardous materials Mining Regulations: Mine Safety and Health Administration; States Environmental regulations - Environmental Protection Agency regulations at 40 CFR (Clean Air; Clean Water)

Level 3 - NRC Guidance Not requirements, just acceptable approach Guidance to licensees and applicants on: how NRC will implement its regulations techniques used by the NRC staff in evaluating specific problems data needed by the staff in its review of applications Guidance to the regulator staff on how to do a consistent review (Standard Review Plans)

Key Guidance for Uranium Recovery Regulatory Guide 3.5: Standard Format and Content of License Applications for Uranium Mills NUREG-1748: Environmental Review Guidance for Licensing Actions Associated with NMSS Programs Applications Regulatory Guide 3.11: Design, Construction, and Inspection of Embankment Retention Systems at Uranium Recovery Facilities Regulatory Guide 4.14: Radiological Effluent and Environmental Monitoring at Uranium Mills Regulatory Guide 8.31: Information Relevant to Ensuring that Occupational Radiation Exposures at Uranium Recovery Facilities Will Be as Low as Is Reasonably Achievable Operations NUREG-1620: 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 of 1978 NUREG-1623: Design of Erosion Protection for Long-Term Stabilization  Closure

Summary Tiered Regulatory Framework of laws, regulations, and guidance Laws – AEA, UMTRCA, NEPA Separation of regulator and operator Regulations CFR Title 10 (NRC); Parts 20, 40, 51 Guidance Not requirements For Applicants, Licensees, and NRC staff Various Reg Guides, NUREGS, and Staff Positions address aspects of Applications, Operations, and Closure stages of the lifecycle

Questions?