Uranium Mining in Virginia Scientific, Technical, Environmental, Human Health and Safety, and Regulatory Aspects of Uranium Mining and Processing in Virginia (2012) / Chapter Skim
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7 Regulation and Oversight of Uranium Mining, Processing, Reclamation, and Long-Term Stewardship
7 Regulation and Oversight of Uranium Mining, Processing, Reclamation, and Long-Term Stewardship
Pages 223-257
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From page 223... ...
Federal and state worker protection laws, and federal and state environmental laws variously apply to occupational safety and health, and air, water, and land pollution resulting from mining activities. • At present, there are gaps in legal and regulatory coverage for activities involved in uranium mining, processing, reclamation, and long-term stewardship.
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• The U.S. federal government has only limited recent experi ence regulating conventional1 uranium processing and reclama tion of uranium mining and processing facilities.
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First, the relevant laws and regulations were enacted or promulgated over the past 70 years, and were most commonly created after a crisis (e.g., uranium mill tailings contamination at early processing sites) or to address a particular situation, or contaminant, that is not unique to activities involving uranium mining, processing, reclamation, or long-term stewardship.
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Fifth, the nature of cooperation and coordination between the state and federal governments varies by law and agency. The programs of states that have signed agreements with the USNRC (i.e., Agreement States)
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However, the federal government has chosen to manage uranium and uranium compound risks under its Nuclear Safety and Control Act. A set of regulations has been promulgated under this act that cover uranium mines and mills.
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. The Manhattan Engineer District established an office in Grand Junction, Colorado, for uranium mining, extraction, and recovery; much of this early uranium processing occurred at abandoned metal mines.
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. Although uranium processing facilities were regulated by the Atomic Energy Commission following passage of the Atomic Energy Act in 1946, uranium mill tailings were not yet regulated under any federal or state laws.
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in 1978. Among other things,d UMTRCA expanded the definition of "byproduct material" to include uranium mill tailings, and required the U.S.
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Recent amendments to the law established new rules to protect Colorado's groundwater during in situ uranium mining and revised existing rules on information disclosure during prospecting activities.h Companies applying for a license to process uranium in Colorado undergo an application procedure that lasts at least 14 months.a First, the company must submit a radioactive materials license application and an environmental impact assessment (EIA) to the CDPHE Radiation Management Unit.
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. In the following sections, the committee has focused on conventional uranium mining and processing and sought to describe as clearly as possible the system of laws, regulations, and policies that apply to underground and open-pit mining and conventional uranium processing, and to ancillary activities such as reclamation and long-term stewardship.
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From page 233... ...
before a license to mine would be approved. There is no federal law that specifically applies to uranium mining on privately owned land, except for federal regulation of worker health and safety, and therefore Virginia would be responsible for regulating uranium mining activities on all nonfederal lands within the state.4 Although the federal government does not directly regulate uranium mining activities on lands that are not owned by the federal government, its laws regard ing water pollution, air pollution, employee protection, and waste management do apply.
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Its regulations, in 40 CFR Part 440, Subpart C, set discharge requirements for new uranium mines for uranium, zinc, pH, total suspended solids, radium, and chemical oxygen demand.6 The Mine Safety and Health Act establishes worker protection standards for miners (see Table 7.1)
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During mining activities, security concerns at surface pit or underground uranium mines parallel security concerns at non-uranium mines. 9 See http://www.epa.gov/radiation/tenorm/.
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Uranium Processing There are a range of federal laws that apply to uranium processing, which includes processing and the other physical and chemical treatment processes that ultimately lead to the production of yellowcake. The key statutes that provide environmental control and worker protection over uranium recovery are • Federal Water Pollution Control Act (or Clean Water Act)
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On November 10, 2011, a revised risk assessment for radon emissions from operating mill tailings was released.12 This risk assessment provides an analysis of the radiation dose to the reasonably maximally exposed individual and the population 11 The USEPA has also promulgated NESHAP regulations for disposal of uranium mill tailings (40 CFR Part 61, Subpart T) and NESHAP regulations for underground uranium mines (40 CFR Part 61, Subpart B)
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USEPA's general NESHAP requirements, described in 40 CFR Part 61, apply as well; these NESHAP requirements cover monitoring and construction approval and contain definitions. USEPA's Subpart B NESHAP requirements, found at 40 CFR Part 61,13 set a limit on the emission of radon from underground uranium mines to ensure that no member of the public in any year receives an effective dose of more than 10 mrem/year.
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Uranium mill tailings are covered by UMTRCA. Uranium mill tailings contain radium, which decays to produce radon, and the radium in these tailings will not fully decay for thousands of years.
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The agreement notes that "there will remain areas of uncertainty regarding the application of the Mine Act,16 especially in operations near the termination of the processing cycle and the beginning of the manufacturing cycle." 17 Finally, the USNRC and MSHA have entered into a MOU to describe their approach to regulating processing activities that fall under both the Mine Safety and Health Act and the Atomic Energy Act. The agencies will each carry out their responsibilities separately, and in the interest of administrative efficiency will cooperate regarding the promulgation and enforcement of safety and health standards, use compatible inspection procedures and techniques, and exchange information regarding enforcement actions.18 Security, Accountability, and Transportation Security at a uranium processing facility has several aims.
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This Web-based licensing verification sys tem is intended to provide a comprehensive program for security and control of radioactive material, but it is not intended to include yellowcake because it is not considered to present a high risk.20 The United States has an agreement with the International Atomic Energency Agency (IAEA) , implemented through 10 CFR Part 75, that covers uranium processing facilities and mines.
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A key feature of site decommissioning plans involves the treatment, stabilization, and control of uranium mill tailings. UMTRCA gives the USNRC the authority to regulate tailings, which are defined in the law as byproduct material, and the USNRC (and/or an Agreement State)
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The World Bank estimates that closure of medium-size open-pit and underground mines costs $15M, while closure of open-pit mines operating for over 35 years, with large waste and tail ings facilities, can cost upward of $50M. The guidelines outline considerations for governmental requirements, including • Adequate financial resources must be available for reclamation and closure as well as redress for any impacts that a mining operation may cause to wildlife, soil, and water quality.
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When the USNRC has terminated the specific license or has concurred in an Agreement State's termination of a specific license, the reclaimed tailings areas are transferred to either USDOE, another federal agency designated by the President, or the state in which the site is located, for custody and longterm care under the general license provisions of 10 CFR § 40.28. According to section 40.28, an LTSP must include (1)
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In the event that the uranium mining moratorium were to be lifted, it is likely that state agencies would play a role in regulating underground or surface uranium mining facilities.24 Table 7.3 summarizes these agencies and their possible areas of responsibility. Local ordinances might apply to proposed uranium mines and processing facilities; requirements contained in zoning codes can play a role in site prepara tion and facility construction can trigger the need for soil erosion and sediment control.
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Department of Labor, Regulations cover miners and processors. An MSHA has a state grant program that distributes Mine Safety and Health interagency agreement between OSHA and MSHA funds to state programs responsible for miner Administration (MSHA)
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tailings (see Uranium Mill Tailings Radiation Control Act (UMTRCA)
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special nuclear material Virginia's Agreement State program (which regulations (Agreement does not cover uranium processing facility State) , excluding tailings)
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VA DLI enforces the regulatory standards established in the federal Occupational Safety and Health Act (OSH Act) as well as state worker protection laws.26 Between 2000 and 2010, Virginia had five fatalities in its noncoal mining industry.27 VA DLI conducts 25 Currently, there is no metal mining in Virginia, although metal mining has been carried out in the past.
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and metals, including zinc, arsenic, copper, and selenium, as well as other potential contaminants. Under Virginia's delegated authority under the CWA, mines and processing facilities that discharge to state waters must obtain a National Pollutant Discharge Elimination Permit.
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and all radioactive sources except uranium mines or processing facilities, performing radiation monitoring around certain fixed nuclear facilities in Virginia (i.e., the North Anna and Surry nuclear generating stations and Babcock and Wilcox nuclear operations group) , maintaining a radiological emergency response team, maintaining a radon program to advise citizens about this health hazard, maintaining a radiation laboratory, and updating regulations regarding radiation.
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252 URANIUM MINING IN VIRGINIA TABLE 7.4 Groundwater Standards Applicable in the Commonwealth of Virginia Constituent Concentration Units Sodium 270 mg/L Foaming agents as methylene blue active substances 0.05 mg/L Petroleum hydrocarbons 1 mg/L Arsenic 0.05 mg/L Barium 1 mg/L Cadmium 0.0004 mg/L Chromium 0.05 mg/L Copper 1 mg/L Cyanide 0.005 mg/L Lead 0.05 mg/L Mercury 0.00005 mg/L Phenols 0.001 mg/L Selenium 0.01 mg/L Silver None Zinc 0.05 mg/L Chlorinated hydrocarbon insecticides Aldrin/dieldrin 0.003 μg/L Chlordane 0.01 μg/L DDT 0.001 μg/L Endrin 0.004 μg/L Heptachlor 0.001 μg/L Heptachlor epoxide 0.001 μg/L Kepone None Lindane 0.01 μg/L Methoxychlor 0.03 μg/L Mirex None Toxaphene None Chlorophenoxy herbicides 2,4-D 0.1 mg/L Silvex 0.01 mg/L Radioactivity Total radium (Ra-226 + Ra-228) 5 pCi/L Radium-226 3 pCi/L Gross beta activitya 50 pCi/L Gross alpha activity (excluding radon and uranium)
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Piedmont & Cumberland Constituent Coastal Plain Blue Ridge Valley and Ridge Plateau Alkalinity 30-500 10-200 30-500 30-200 Total dissolved solids 1,000 250 500 500 50a Chloride 25 25 25 Sulfate 50 25 100 150 Total organic carbon 10 10 10 10 Color 15 15 15 15 Iron 0.3 0.3 0.3 0.01-10 Manganese 0.05 0.05 0.05 0.01-0.5 100a Sodium 25 25 100 1.4b Fluoride 1.4 1.4 1.4 Hardness 120 120 300 180 NOTE: Because natural groundwater quality can vary greatly from area to area for these constituents, enforceable standards were not adopted. These criteria are intended to provide guidance in preventing groundwater pollution.
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Requirements for public participation -- the two-way exchange between regulators and the public in advance of regulatory decisions so that the public can receive information and make comments -- apply to both federal and state regulatory processes. Opportunities under the current regulatory structure for public participation in the regulatory process for uranium mining and processing facilities are offered during the promulgation of regulations of general applicability, the licensing of particular facilities, and the development and approval of postclosure plans for facility reclamation and long-term stewardship.
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USNRC regulations require that the USNRC conduct an EIS for all uranium processing facility licensing actions. The USNRC is thus required to hold public meetings, including open scoping meetings.
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• There is no federal law that specifically applies to uranium mining on non-federally owned lands; state laws and regulations have jurisdiction over these mining activities. Federal and state worker protection laws, and federal and state environmental laws, variously apply to occupational safety and health, and air, water, and land pollution resulting from mining activities.
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The USNRC has a more robust approach to public participation in licensing a uranium processing facility. Its regulations require the USNRC to conduct an EIS, during which prelicensing public meetings or hearings will be held in the vicinity of the proposed facility.
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