[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR192.12]

[Page 22-23]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 192--HEALTH AND ENVIRONMENTAL PROTECTION STANDARDS FOR URANIUM AND THORIUM 
MILL TAILINGS--Table of Contents
 
Subpart B--Standards for Cleanup of Land and Buildings Contaminated with 
  Residual Radioactive Materials from Inactive Uranium Processing Sites
 
Sec. 192.12  Standards.

    Remedial actions shall be conducted so as to provide reasonable 
assurance that, as a result of residual radioactive materials from any 
designated processing site:
    (a) The concentration of radium-226 in land averaged over any area 
of 100 square meters shall not exceed the background level by more than-
-
    (1) 5 pCi/g, averaged over the first 15 cm of soil below the 
surface, and
    (2) 15 pCi/g, averaged over 15 cm thick layers of soil more than 15 
cm below the surface.
    (b) In any occupied or habitable building--
    (1) The objective of remedial action shall be, and reasonable effort 
shall be made to achieve, an annual average (or equivalent) radon decay 
product concentration (including background) not to exceed 0.02 WL. In 
any case, the radon decay product concentration (including background) 
shall not exceed 0.03 WL, and
    (2) The level of gamma radiation shall not exceed the background 
level by more than 20 microroentgens per hour.
    (c) The Secretary shall comply with conditions specified in a plan 
for remedial action which provides that contamination of groundwater by 
listed constituents from residual radioactive material at any designated 
processing site (Sec. 192.01(1)) shall be brought into compliance as 
promptly as is reasonably achievable with the provisions of 
Sec. 192.02(c)(3) or any supplemental standards established under 
Sec. 192.22. For the purposes of this subpart:
    (1) A monitoring program shall be carried out that is adequate to 
define backgroundwater quality and the areal extent and magnitude of 
groundwater contamination by listed constituents from residual 
radioactive materials (Sec. 192.02(c)(1)) and to monitor compliance with 
this subpart. The Secretary shall determine which of the constituents 
listed in Appendix I to part 192 are present in or could reasonably be 
derived from residual radioactive material at the site, and 
concentration limits shall be established in accordance with 
Sec. 192.02(c)(3).
    (2) (i) If the Secretary determines that sole reliance on active 
remedial procedures is not appropriate and that cleanup of the 
groundwater can be more reasonably accomplished in full or in part 
through natural flushing, then the period for remedial procedures may be 
extended. Such an extended period may extend to a term not to exceed 100 
years if:
    (A) The concentration limits established under this subpart are 
projected to be satisfied at the end of this extended period,
    (B) Institutional control, having a high degree of permanence and 
which will effectively protect public health and the environment and 
satisfy beneficial uses of groundwater during the extended period and 
which is enforceable by the administrative or judicial branches of 
government entities, is instituted and maintained, as part of the 
remedial action, at the processing site and wherever contamination by 
listed constituents from residual radioactive materials is found in 
groundwater, or is projected to be found, and
    (C) The groundwater is not currently and is not now projected to 
become a source for a public water system subject to provisions of the 
Safe Drinking Water Act during the extended period.
    (ii) Remedial actions on groundwater conducted under this subpart 
may occur before or after actions under Section 104(f)(2) of the Act are 
initiated.
    (3) Compliance with this subpart shall be demonstrated through the 
monitoring program established under paragraph (c)(1) of this section at 
those locations not beneath a disposal site

[[Page 23]]

and its cover where groundwater contains listed constituents from 
residual radioactive material.

[48 FR 602, Jan. 5, 1983, as amended at 60 FR 2867, Jan. 11, 1995]