Regulatory Framework for Uranium Production Facilities in the U.S.

Daniel M. Gillen

What’s in this Session?What’s in this Session?

• From the U.S. perspective–Laws –Roles of involved parties–Regulations–Guidance

Three Levels of the Regulatory Framework

What should be considered in laws for Uranium Production

regulation

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

U.S. LawsAffecting 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

Separation of RolesSeparation of 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

Regulator Roles Regulator Roles

The Identified Roles for Mill Tailings Waste

The Identified Roles for Mill Tailings Waste

UMTRCA(Uranium Mill Tailings Radiation Control Act)

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

• 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

Level 2: NRC Regulations

10 CFR Part 2010 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

10 CFR Part 20 (continued)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

10 CFR Part 4010 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

10 CFR Part 40 (continued)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”

Appendix A CriteriaAppendix A Criteria

Appendix A Criteria (continued)

Appendix A Criteria (continued)

Appendix A (continued)Appendix A (continued)

Appendix A Criteria (continued)

Appendix A Criteria (continued)

10 CFR Part 5110 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

EPA Standards for Site Remediation

EPA Standards for Site Remediation

Other Related RegulationsOther 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)

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)

Key Guidance for Uranium Recovery

SummarySummary

• 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

Questions?