[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: 40CFR192.31]

[Page 27-28]
 
                   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 D--Standards for Management of Uranium Byproduct Materials 
   Pursuant to Section 84 of the Atomic Energy Act of 1954, as Amended
 
Sec. 192.31  Definitions and cross-references.

    References in this subpart to other parts of the Code of Federal 
Regulations are to those parts as codified on January 1, 1983.
    (a) Unless otherwise indicated in this subpart, all terms shall have 
the same meaning as in Title II of the Uranium Mill Tailings Rediation 
Control Act of 1978, subparts A and B of this part, or parts 190, 260, 
261, and 264 of this chapter. For the purposes of this subpart, the 
terms ``waste,'' ``hazardous waste,'' and related terms, as used in 
parts 260, 261, and 264 of this chapter shall apply to byproduct 
material.
    (b) Uranium byproduct material means the tailings or wastes produced 
by the extraction or concentration of uranium from any ore processed 
primarily for its source material content. Ore bodies depleted by 
uranium solution extraction operations and which remain underground do 
not constitute ``byproduct material'' for the purpose of this subpart.
    (c) Control means any action to stabilize, inhibit future misuse of, 
or reduce emissions or effluents from uranium byproduct materials.
    (d) Licensed site means the area contained within the boundary of a 
location under the control of persons generating or storing uranium 
byproduct materials under a license issued pursuant to section 84 of the 
Act. For purposes of this subpart, ``licensed site'' is equivalent to 
``regulated unit'' in subpart F of part 264 of this chapter.
    (e) Disposal site means a site selected pursuant to section 83 of 
the Act.
    (f) Disposal area means the region within the perimeter of an 
impoundment or pile containing uranium by product materials to which the 
post-closure requirements of Sec. 192.32(b)(1) of this subpart apply.
    (g) Regulatory agency means the U.S. Nuclear Regulatory Commission.
    (h) Closure period means the period of time beginning with the 
cessation, with respect to a waste impoundment, of uranium ore 
processing operations and ending with completion of requirements 
specified under a closure plan.
    (i) Closure plan means the plan required under Sec. 264.112 of this 
chapter.
    (j) Existing portion means that land surface area of an existing 
surface impoundment on which significant quantities of uranium byproduct 
materials have been placed prior to promulgation of this standard.
    (k) As expeditiously as practicable considering technological 
feasibility means as quickly as possible considering: the physical 
characteristics of the tailings and the site; the limits of available 
technology; the need for consistency with mandatory requirements of 
other regulatory programs; and factors beyond the control of the 
licensee. The phrase permits consideration of the cost of compliance 
only to the extent specifically provided for by use of the term 
``available technology.''
    (l) Permanent Radon Barrier means the final radon barrier 
constructed to achieve compliance with, including attainment of, the 
limit on releases of radon-222 in Sec. 192.32(b)(1)(ii).
    (m) Available technology means technologies and methods for 
emplacing a permanent radon barrier on uranium mill tailings piles or 
impoundments. This term shall not be construed to include extraordinary 
measures or techniques that would impose costs that are grossly 
excessive as measured by practice within the industry or one that is 
reasonably analogous, (such as, by way of illustration only, 
unreasonable overtime, staffing or transportation requirements, etc., 
considering normal practice in the industry; laser fusion, of soils, 
etc.), provided there is reasonable progress toward emplacement of a 
permanent radon barrier. To determine grossly excessive costs, the 
relevant baseline against which cost increases shall be compared is the 
cost estimate for tailings impoundment closure contained in the 
licensee's tailings closure plan, but costs beyond such estimates shall 
not automatically be considered grossly excessive.
    (n) Tailings Closure Plan (Radon) means the Nuclear Regulatory 
Commission or Agreement State approved plan detailing activities to 
accomplish timely emplacement of a permanent

[[Page 28]]

radon barrier. A tailings closure plan shall include a schedule for key 
radon closure milestone activities such as wind blown tailings retrieval 
and placement on the pile, interim stabilization (including dewatering 
or the removal of freestanding liquids and recontouring), and 
emplacement of a permanent radon barrier constructed to achieve 
compliance with the 20 pCi/m2-s flux standard as 
expeditiously as practicable considering technological feasibility 
(including factors beyond the control of the licensee).
    (o) Factors beyond the control of the licensee means factors 
proximately causing delay in meeting the schedule in the applicable 
license for timely emplacement of the permanent radon barrier 
notwithstanding the good faith efforts of the licensee to achieve 
compliance. These factors may include, but are not limited to, physical 
conditions at the site; inclement weather or climatic conditions; an act 
of God; an act of war; a judicial or administrative order or decision, 
or change to the statutory, regulatory, or other legal requirements 
applicable to the licensee's facility that would preclude or delay the 
performance of activities required for compliance; labor disturbances; 
any modifications, cessation or delay ordered by state, Federal or local 
agencies; delays beyond the time reasonably required in obtaining 
necessary governmental permits, licenses, approvals or consent for 
activities described in the tailings closure plan (radon) proposed by 
the licensee that result from agency failure to take final action after 
the licensee has made a good faith, timely effort to submit legally 
sufficient applications, responses to requests (including relevant data 
requested by the agencies), or other information, including approval of 
the tailings closure plan by NRC or the affected Agreement State; and an 
act or omission of any third party over whom the licensee has no 
control.
    (p) Operational means that a uranium mill tailings pile or 
impoundment is being used for the continued placement of uranium 
byproduct material or is in standby status for such placement. A 
tailings pile or impoundment is operational from the day that uranium 
byproduct material is first placed in the pile or impoundment until the 
day final closure begins.
    (q) Milestone means an enforceable date by which action, or the 
occurrence of an event, is required for purposes of achieving compliance 
with the 20 pCi/m\2\-s flux standard.

[48 FR 45946, Oct. 7, 1983, as amended at 58 FR 60355, Nov. 15, 1993]