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

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

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

4. 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

5. 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

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

7. 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

8. 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)

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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”

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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)

22. 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)

23. 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

24. 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

25. Questions?