Frequent Questions
- Can a member of the public post general opinions about uranium mining or nuclear power on this website?
- What types of uranium extraction facilities will EPA be considering in its review?
- What is the basis for EPA’s authority to set standards for uranium and thorium extraction facilities?
- What is “AEA section 11e.(2) byproduct material”?
- What agencies regulate conventional uranium mines?
- Will EPA publish an Advanced Notice of Proposed Rulemaking in the Federal Register to obtain public comments before it publishes a draft regulation?
- Will public input from this forum be included in a docket?
- How else can members of the public provide their opinions on EPA’s review of its uranium and thorium mill tailings standards?
- Under what authority is EPA reviewing its uranium and thorium mill tailings standards?
Can a member of the public post general opinions about uranium mining or nuclear power on this website?
No. This forum pertains to EPA environmental protection and public health standards for specific types of uranium and thorium extraction facilities. These standards do not apply to conventional open-pit (surface) or conventional underground mines.
What types of uranium extraction facilities will EPA be considering in its review?
EPA is reviewing the standards at 40 CFR Part 192 which apply to uranium and thorium mills and their tailings impoundments. We are also examining how the current standards may apply to In Situ Leach (ISL) recovery facilities, heap leaching facilities, and processing facilities for other minerals that also happen to produce uranium or thorium.
What is the basis for EPA’s authority to set standards for uranium and thorium extraction facilities
Section 206 of the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), as amended, authorizes EPA to promulgate standards for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with—
(a) residual radioactive materials located at specifically listed inactive uranium mill tailings sites and depository sites for such materials selected by the Secretary of Energy (commonly referred to as Title I sites)
(b) the processing and with the possession, transfer, and disposal of certain types of materials and waste byproduct material at sites at which ores are processed primarily for their uranium and thorium source material content or which are used for the disposal of such byproduct material.
What is “AEA section 11e.(2) byproduct material”?
This material is defined in 10 CFR Part 40.4 as “tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by such solution extraction operations do not constitute “byproduct material” within this definition.
What agencies regulate conventional uranium mines?
Conventional uranium mines (open-pit, surface, and underground mines) are regulated by state agencies such as departments of natural resources, environmental quality, or health. Conventional mines may also be regulated by tribes and federal agencies (e.g., U.S. Bureau of Land Management, U.S. Bureau of Indian Affairs, U.S. Department of Energy, etc.) depending on land ownership and the specific kind of mineral being mined.
Although 40 CFR 192 does not provide regulatory standards for conventional mines, these mines are subject to other environmental regulations, such as the Clean Water Act (CWA), Clean Air Act (CAA), Resource Conservation and Recovery Act (CERCLA), and the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund).
Will EPA publish an Advanced Notice of Proposed Rulemaking in the Federal Register to obtain public comments before it publishes a draft regulation?
No. The Agency will be utilizing this discussion forum, public information meetings, webinars, phone conferences, and other means as part of its review before it decides on whether it should publish a draft rule for public comment.
Will public input from this forum be included in a docket?
If EPA relies on any information posted on this discussion forum for a rulemaking, we will include it in the docket.
How else can members of the public provide their opinions on EPA’s review of its uranium and thorium mill tailings standards?
EPA will discuss the review of 40 CFR 192 in professional conferences, public information meetings, webinars and phone conferences. Please refer to the calendar page for details.
Under what authority is EPA reviewing its uranium and thorium mill tailings standards?
The Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) authorizes EPA to revise these standards periodically.