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Radiation Protection

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 the public health, safety, and environment from radiological and non-radiological hazards associated with uranium and thorium ore processing, and their associated wastes.

Withdrawal of January 2017 Notice of Proposed Rulemaking

EPA is withdrawing its January 19, 2017 proposed revisions to the Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings (40 CFR part 192). EPA had proposed standards to regulate byproduct materials produced by uranium in-situ recovery (ISR) activities, with a primary focus on groundwater protection and restoration.

EPA is withdrawing the proposed rule for three reasons. First, stakeholders including the Nuclear Regulatory Commission, raised significant concerns regarding the EPA’s legal authority to propose these standards under the Uranium Mill Tailings Radiation Control Act (UMTRCA).  EPA now has serious questions concerning whether it has the legal authority under UMTRCA to issue the regulations as developed in the 2017 Proposal. Second, the Agency believes that the existing regulatory structures are sufficient to ensure the targeted protection of public health and the environment at existing ISR facilities. Third, the influx of new ISR license applications that was once anticipated is not likely to materialize. Therefore, there is less need for the rule, which was intended to provide a more workable and efficient approach for addressing these expected new applications, compared to existing mechanisms.

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

Links Concerning the Proposed Rulemaking of January 19, 2017

Links Concerning the Proposed Rulemaking of January 26, 2015

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

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

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