[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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]