CHAPTER 10 Special Regulatory and Reclamation Problems of Uranium Mines

• Jurisdiction: United States

Western Land Use Regulation and Mined Land Reclamation
(Nov 1979)
CHAPTER 10
Special Regulatory and Reclamation Problems of Uranium Mines
Theodore E. Worcester
Dawson, Nagel, Sherman & Howard
Denver, Colorado

Scope

This paper will discuss those problems unique to the mining, milling, and processing of uranium. Of course, the other aspects of land use regulation and reclamation covered by this Institute will also be applicable to a uranium operation, with the exception of those laws and regulations whose applicability is specifically limited to certain other minerals, such as coal. This paper will not discuss statutory and regulatory requirements for operations subsequent to the mining and milling or other initial processing steps in uranium recovery. It will, however, consider types of operations other than conventional mining and milling.

Background

Much has been written about the increasing demand for uranium, the resulting technological advances and increased activity in the area of uranium exploration and development, and the legal requirements associated with those exploration and development activities.¹ Understandably, the special concern accorded to uranium mining and milling is due to the radioactive nature of the mineral and the fact that not only the product derived from the mining and milling process—crude uranium concentrate or yellowcake—but also the waste remaining after that initial processing—usually in the form of tailings—has radioactive properties. The goal of the statutory and regulatory schemes which are aimed at uranium mining and processing is to reduce the chance for exposure of the population to this radiation.

The Atomic Energy Act of 1954

The primary source of regulation unique to the uranium mining and milling industry is found in the Atomic Energy Act of

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1954² and the regulations adopted thereunder.³ The regulation of these activities is carried out by the Nuclear Regulatory Commission ("the NRC"), the successor to the Atomic Energy Commission and the fundemental permit required by this scheme is the Source Materials License. Source material is defined by the NRC as:

(1) uranium or thorium or any combination thereof, in any chemical or physical form; or (2) ore which contains by weight 1/20 of 1% (0.05%) or more of (i) uranium, (ii) thorium, or (iii) any combination thereof.⁴

The regulations provide for both general and specific licenses for source materials, but general licenses are applicable to only selected circumstances which are not generally encountered in the uranium mining and milling business. An exemption is provided in the regulations for persons receiving, possessing, using, transferring, or importing "unrefined and unprocessed ore containing source material; provided that, except as authorized in a specific license, such person shall not refine or process such ore..."⁵ This exemption applies only to "ore in its natural form prior to any processing such as drying, roasting, or beneficiating, or refining."⁶ Thus, one does not need a license to simply mine uranium ore, but one must file an application for a specific license before commencing construction of a mill.⁷ The mill licensing application must be accompanied by an Environmental Report⁸ which will be followed by the preparation of an Environmental Impact Statement by the NRC.⁹ The NRC regulations on the preparation of Environmental Impact Statements contained in 10 C.F.R. Part 51 and the Regulatory Guides pertaining to the contents of applications for uranium milling licenses¹⁰ and for the preparation of environmental reports for uranium mills¹¹ should be carefully

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considered early in the planning process for any uranium project so that adequate data may be developed to enable the timely preparation and submission of the necessary application and environmental report.

State Regulation of Source Materials

In a fashion similar to that employed in the regulation of air quality, water quality and coal mining, Congress has provided that states may adopt programs for the regulation of source materials¹² and, if the NRC finds that a state program is compatible with the NRC program and that it is adequate to protect public health and safety with respect to the materials covered thereby, the NRC and the state may enter into an agreement whereby the NRC will discontinue regulatory authority with respect to by-product materials and/or source materials (and other types of materials not applicable here). The list of so-called "agreements state," in order of effective date of their agreements, is as follows: Kentucky, Mississippi, California, New York, Texas, Arkansas, Florida, North Carolina, Kansas, Oregon, Tennessee, New Hampshire, Alabama, Nebraska, Washington, Louisianna, Arizona, Colorado, Idaho, North Dakota, South Carolina, Georgia, Maryland, Nevada and New Mexico.¹³ It should be pointed out that this is not concurrent jurisdiction and, absent an agreement, the states do not have the authority to regulate the radiation effects of...