40 CFR Part 192: Proposed Rulemaking and Background Documents

Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings (40 CFR 192) establish standards for protection of public health, safety, and environment from radiological and non-radiological hazards associated with uranium and thorium ore processing, and their associated wastes. In January 2015, EPA proposed an amendment to the rule that would have regulated byproduct materials produced by in-situ recovery (ISR) activities with a primary focus on groundwater protection and restoration. The proposed rule would have added post-restoration groundwater standards and monitoring requirements for ISR facilities. After reviewing public comments on the proposal and new information, the Agency decided not to finalize the 2015 proposed rule. In January 2017, EPA issued another proposed rule with groundwater standards and monitoring requirements for ISR facilities. In October 2018, EPA withdrew the January 2017 proposed rule because of issues raised in the public comment period and because the once anticipated influx of new ISR license applications is not likely to materialize.

Withdrawal of January 2017 Notice of Proposed Rulemaking

Download the Notice from the October 30, 2018 Federal Register.

Links Concerning the Proposed Rulemaking of January 19, 2017

• January 2017  Proposed Rule from the Federal Register.
• Fact Sheet: 2017 Notice of Proposed Rulemaking (pdf) (720.21 KB)
  Fact Sheet about the 2017 Notice of Proposed Rulemaking for 40 CFR 192

Links Concerning the Proposed Rulemaking of January 26, 2015

• 2015 Notice of Proposed Rulemaking (PDF) (526.54 K, January 26, 2015) from the Federal Register.
• Electronic docket (EPA-HQ-2012-0788-0001) on Regulations.gov.

Published Sources Used in the Proposed Rulemaking of January 26, 2015

• Groundwater Restoration at Uranium In-Situ Recovery Mines, South Texas Coastal Plain (3.16 MB)
  U.S. Geological Survey (Open-File Report 2009–1143).

• NRC Regulatory Agenda, Semiannual Report: July – December 2010 (2.55 MB)
  U.S. Nuclear Regulatory Commission (NUREG-0936, Vol. 29, No. 2).

• Nuclear Fuel’s Dirty Beginnings: Environmental Damage and Public Health Risks from Uranium Mining in the American West (4.13 MB)
  Natural Resources Defense Council. 

• Options and Recommendations For NRC Deferring Active Regulation Of Ground-Water Protection at In Situ Leach Uranium Extraction Facilities (10.68 KB)
  U.S. Nuclear Regulatory Commission (SECY-03-0186).

• Protecting the Nation’s Ground Water:  EPA’s Strategy for the 1990s.  The Final Report of the EPA Ground-Water Task Force
  U.S. Environmental Protection Agency (21Z-1020).

• Recommendations on Ways to Improve the Efficiency of NRC Regulation At In Situ Leach Uranium Recovery Facilities (44.25 K)
  U.S. Nuclear Regulatory Commission (SECY-99-013).

• Regulation of Groundwater Protection at In Situ Leach Uranium Extraction Facilities, NRC Memorandum (451.16 K)
  U.S. Nuclear Regulatory Commission (COMJSM-06-0001).

• Staff Requirements - SECY-99-0013 - Recommendations on Ways to Improve the Efficiency of NRC Regulation at In Situ Leach Uranium Recovery Facilities (17.23 K)
  U.S. Nuclear Regulatory Commission (SECY-99-0013).

• Standard Review Plan for In Situ Leach Uranium Extraction License Applications (1.94 K)
  U.S. Nuclear Regulatory Commission (NUREG-1569).

• Statistical Analysis of Groundwater Monitoring Data At RCRA Facilities: Unified Guidance
  U.S. Environmental Protection Agency (530-R-09-007).

• Status of the Development of Memorandum of Understanding with Nebraska and Wyoming, Regarding the Regulation of Groundwater Protection at Their In Situ Leach Uranium Recovery Facilities (39.66 K)
  U.S. Nuclear Regulatory Commission (SECY-05-0123).

EPA Background & Supporting Documents for the Proposed Rulemaking of January 26, 2015

• Background Information Document for the Revision of 40 CFR Part 192 (pdf) (5.73 MB, 402-D-14-001)
  Analysis for revision of 40 CR 192
• Economic Analysis: Proposed Revisions to the Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings Rule (40 CFR Part 192) (pdf) (2.41 MB, 402-R-14-003)
  This draft report provides an economic analysis for the revision of 40 CR 192.
• Fact Sheet: Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings - Notice of Proposed Rulemaking (pdf) (220.05 KB, October 2014, 402-F-13-051)
  This fact sheet provides an overview of the Notice Proposed Rulemaking for 40 CFR 192.
• Draft Technical Report: Ground Water Modeling Studies at In Situ Leaching Facilities and Evaluation of Doses and Risks to Offsite Receptors from Contaminated Ground Water: Revision 2 (pdf) (1.83 MB, 402-R-14-002)
  This draft report presents the results of ground water modeling studies on possible releases from hypothetical ISL faculties based on a range of release scenarios. The studies were designed to demonstrate whether or under what conditions leakage of various types from an ISL site to a down-gradient receptor well can result in hazardous situations.
• Ground Water Modeling Studies at In Situ Leaching Facilities and Evaluation of Doses and Risks to Offsite Receptors from Contaminated Ground Water: Appendix A (pdf) (101.16 KB, 402-D-14-002)
  Appendix A (Verification Codes) for the draft report presenting the results of ground water modeling studies on possible releases from hypothetical ISL faculties based on a range of release scenarios.
• Ground Water Modeling Studies at In Situ Leaching Facilities and Evaluation of Doses and Risks to Offsite Receptors from Contaminated Ground Water: Appendix B (pdf) (2.22 MB, 402-D-14-002)
  Appendix B (Concentration Breakthrough Curves for Leak Scenarios Runs L-1 to L-24) for the draft report presenting the results of ground water modeling studies on possible releases from hypothetical ISL faculties based on a range of release scenarios.
• Ground Water Modeling Studies at In Situ Leaching Facilities and Evaluation of Doses and Risks to Offsite Receptors from Contaminated Ground Water: Appendix C (pdf) (7.96 MB, 402-D-14-002)
  Appendix C (Concentration Breakthrough Curves for Excursion Runs 1a through 7g) for the draft report presenting the results of ground water modeling studies on possible releases from hypothetical ISL faculties based on a range of release scenarios.
• Ground Water Modeling Studies at In Situ Leaching Facilities and Evaluation of Doses and Risks to Offsite Receptors from Contaminated Ground Water: Appendix D (pdf) (560.09 KB, 402-D-14-002)
  Appendix D (Concentration breakthrough curves for abandoned boreholes and discontinuous confining unit runs AB-R1, AB-R2, AB-R3, CBD-R1, and CBD-R2) Appendix A (Verification Codes) for the draft report presenting the results of ground water modeling studies on possible releases from hypothetical ISL faculties based on a range of release scenarios.
• Meeting Notes: Public Information Meeting (Corpus Christi, TX) (pdf) (114.96 KB, November 4, 2010)
  These meeting notes are from public information meeting held in Corpus Christi, TX related to the 40 CFR Part 192 rulemaking.
• Meeting Notes: Public Information Meetings (Casper, WY and Denver, CO) (pdf) (196.65 KB, May 24, 2010 (Casper) and May 26, 2010 (Denver))
  These meeting notes are from public information meetings held in Casper, WY and Denver, CO related to the 40 CFR Part 192 rulemaking.
• Presentation given at Colorado and Wyoming Public Information Meetings (pdf) (846 KB, May 24, 2010 (Casper) and May 26, 2010 (Denver))
  This is the presentation used for May 2010 public information meetings held in Casper, WY and Denver, CO related to 40 CFR Part 192 rulemaking.
• Presentation given at NAS/NRC Committee on Uranium Mining in Virginia (pdf) (644.09 KB, October 26, 2010)
  This presentation was given at the NAS/NRC Committee on Uranium Mining in Virginia in Washington, DC on October 26, 2010.
• Presentation given at Tuba City, AZ Public Information Meeting (pdf) (988.24 KB, September 15, 2010)
  This is the presentation used for the September 2010 public information meeting held in Tuba City, AZ related to 40 CFR Part 192 rulemaking.
• Report on Findings Related to the Restoration of Groundwater at In-Situ Uranium Mines in South Texas (pdf) (1.01 MB, September 29, 2008)
  A report compiled by Southwest Groundwater Consulting, LLC that researches the restoration of aquifers after mining operations in Texas.