[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: 40CFR192.31]



[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/m\2\-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]