**NRC INSPECTION MANUAL** NMSS/FCLB

Manual Chapter 2801

URANIUM MILL AND 11e.(2) BYPRODUCT MATERIAL DISPOSAL SITE

AND FACILITY INSPECTION PROGRAM

2801‑01 PURPOSE

This chapter establishes the safety inspection program for uranium mills
and 11e.(2) byproduct material disposal sites and facilities (11e.(2)
sites) licensed and regulated under 10 CFR Part 40 including mills
authorized to take 11e.(2) byproduct material. The disposal sites
include both commercial disposal facilities and sites associated with
licensed uranium mills. Included in the program are inspection
procedures related to all phases of activities: construction and
pre‑operations, operations, and reclamation/closure. Procedures
presented cover those facilities licensed and regulated in their
entirety by U.S. Nuclear Regulatory Commission (NRC). The primary
purpose of the inspection program is to obtain sufficient information
through observations, personnel interviews, independent measurements,
and review of facility records and procedures, to ascertain, in a timely
manner, whether facility operations, and radiological and
non‑radiological programs regulated by NRC conform with regulatory
requirements and the conditions of the applicable license. As a result,
the inspection program determines that uranium mills and 11e.(2) sites
are managed throughout their entire life cycle in a manner that provides
protection from radioactivity to employees, members of the public, and
the environment.

2801‑02 OBJECTIVES

02.01 To establish general policy and priorities for inspection of
uranium mills and 11e.(2) byproduct material disposal sites.

02.02 To establish a uniform process for inspection of uranium mills and
11e.(2) byproduct material disposal sites.

02.03 To define specific requirements for inspection of uranium mills
and 11e.(2) byproduct material disposal sites.

2801‑03 DEFINITIONS

03.01 [11e.(2) Byproduct Material]{.underline}. As defined in Section 11
of the Atomic Energy Act of 1954, as amended, byproduct material means
tailings or waste produced by the extraction or concentration of uranium
or thorium from any ore processed primarily for its source material
content.

03.02 [Closure]{.underline}. As defined in Appendix A to 10 CFR Part 40,
closure means the activities, after operations, to decontaminate and
decommission the buildings and site used to produce byproduct materials
and reclaim the tailings and/or waste disposal area(s). Also, commonly
referred to as decommissioning or reclamation.

03.03 [Decommission]{.underline}. As defined in 10 CFR 40.4,
decommission means to remove a facility or site safely from service and
reduce residual radioactivity to a level that permits release of the
property for unrestricted use and termination of the license; or release
of the property under restricted conditions and termination of license.
A Decommissioning Plan usually details the demolition and/or cleanup of
the mill buildings and large equipment, tanks, etc.

03.04 [Reclamation Plan]{.underline}. As defined in Appendix A to Part
40, for the purposes of Criterion 6A, reclamation plan means the plan
detailing activities to accomplish reclamation of the tailings or waste
disposal area in accordance with the technical criteria of Appendix A.

03.05 [Operation]{.underline}. Operation for a mill is the process of
extracting uranium from ore. For an 11e.(2) disposal facility, operation
means that a uranium or thorium mill tailings pile or impoundment is
being used for the continued placement of byproduct material or is in
standby status for such placement.

03.06 [Performance‑Based License]{.underline}. A performance based
license (PBL) allows the licensee to make changes to the facility
without prior NRC approval if the conditions specified in the PBL are
met.

2801‑04 PROGRAM APPLICABILITY

This program has been developed to respond to needs for inspection
procedures related to construction, pre‑operation, operations, and
reclamation/closure for sites licensed by NRC. Where 11e.(2) byproduct
material disposal sites are operating under Agreement State regulation,
it is expected that responsibility for regulation and inspection
activities at those sites will continue to reside with the Agreement
States. It is noted that existing inspection procedures from other NRC
programs can be applied, in full or in part, to many aspects of uranium
mill and 11e.(2) byproduct material disposal site inspections, and that
additional inspection procedures specific to disposal technology, and
on‑site activity can be developed and employed incrementally, as needed.
Tables 1 and 2 provide a listing of procedures that are currently
available and include comments concerning their applicability. Minimum
and normal frequencies of inspection are listed; adoption of the minimum
frequency of inspection should be tailored to both the level of site
activity and to the performance of the licensee.

2801‑05 PROGRAM DESCRIPTION

05.01 [General]{.underline}. The inspection program for sites
specifically licensed for 11e.(2) byproduct material disposal, and for
uranium mills has been divided into three parts. The parts are designed
to be responsive to the various inspection needs during the different
phases of facility life: construction/pre‑operations, operations, and
reclamation/closure. Each phase of the inspection program varies with
respect to applicable inspection procedures, inspection frequency, and
degree to which a given procedure may be applied. The inspection
programs for each phase are discussed in narrative form in Section
2801‑08. Tables 1 and 2 present information for the pre‑operations,
operations, and closure phases.

This chapter identifies requirements for the inspection of the health,
safety, and environmental aspects of licensee activities. The inspector
should be completely familiar with the current regulatory requirements
and commitments associated with the license. These include the
comparable parts of title 10, U.S. Code of Federal Regulations, the
license application, applicable guides, and other codes to which
licensees may commit by reference. In the case that NRC guidance
documents are updated after a license or amendment is issued, the
licensee is generally only committed to follow the original guidance.
Thus, the particular revision of the guidance to which the licensee has
been committed is of importance.

The scope of inspection procedures (IPs), taken as a whole, is not
intended to be limited to only those elements discussed in the
procedures. The descriptions and examples contained in the procedures
are provided primarily for illustrative purposes, as examples of things
that should be examined. Examination of other safety‑significant
activities not expressed or implied in a procedure is left to the
inspector\'s judgment, in consideration of the relative degree of safety
risk posed by the subject activity.

As a result of reviews conducted under the authority of the National
Environmental Policy Act, the NRC placed license conditions on facility
operations involving environmental issues. Environmental inspections
would be conducted at the same time as health and safety inspections.

05.02 [Program Adjustments]{.underline}. This program provides the
responsible regional office and the Headquarters flexibility to adjust
the frequencies, and scope of inspections for different functional areas
at a facility, as well as the periodicity of specific areas of
inspections. (Suggested frequencies for various procedures are specified
in Tables 1 and 2. There is no maximum frequency expressed in Tables 1
and 2. It is expected that any level of effort above that specified as
the normal frequency would be established at a level commensurate with
whatever is needed to resolve identified problems and their importance
to safety.) Periodic inspection interval adjustments should be based on
inspection history, licensee performance and safety significance of
findings, as delineated in sections 05.03-05.04. Occasional adjustments
may also occur in response to other events or activities, as determined
by the responsible regional office or the Headquarters. A reasonable
allowance for responding to these events or activities should be
incorporated in the inspection plan for the facility. Necessary
adjustments may be difficult to implement within the constraints imposed
by limited inspection resources within the regional office and the
Headquarters. In such cases, implementation may involve a shift in the
focus of already scheduled inspection resources for the subject
facility, or a shift in allocated inspection resources from other
facilities in the region that have exhibited superior performance.
Resources may also be utilized from other regions or the Headquarters in
a coordinated response to address significant safety or environmental
issues that cannot otherwise be deferred.

Inspections during the construction and pre‑operational phase of a
facility will be conducted on a case‑by‑case basis. Pre‑operational
inspections will be conducted at least once before startup of facility
operations. The inspection procedures for the
construction/pre‑operational phase are indicated in the appendix, as
applicable.

Substantial adjustments in the planned inspection schedule for a
facility (i.e., those that involve shifts in resources which may affect
other facilities or result in exceeding a \"normal\" inspection
frequency) should be coordinated between the responsible regional office
and the Headquarters.

05.03 [Extension of Inspection Interval]{.underline}

> a\. The interval between inspections may be extended (lengthened) on
> the basis of good licensee performance. The main consideration in
> extending the inspection interval should be evidence of well‑managed
> and effective radiation safety and environmental protection programs
> which shows a history of compliance. Specifically, the inspection
> interval may be extended, for licensees meeting the following
> conditions:
>
> 1\. The violations identified during the licensee\'s current and
> preceding inspections were of a low safety significance and no more
> than two violations per inspection are Severity Level IV; and
>
> 2\. The licensee has not had a significant program change since the
> preceding inspection. Significant program changes should relate to
> changes in the scope or type of operations, changes in the authorized
> materials or possession limits, changes in key personnel, or changes
> in locations of use. (NOTE: Extension should not be considered for
> licensees who have undergone significant program changes to ensure the
> licensee can maintain adequate performance over the next inspection
> period.)
>
> b\. To document the extension in the interval between inspections, a
> note (e.g., a memorandum or section within the inspection report)
> should be written by the inspector, approved and signed by the
> inspector\'s immediate supervisor, and placed in the licensing file.
>
> c\. The decision to extend the inspection should be made after each
> routine inspection. The project manager for the site should be
> informed and the master inspection plan updated.

05.04 [Reduction of Inspection Interval]{.underline}

> a\. The interval between inspections may be reduced (shortened) and
> inspections conducted more frequently than specified in the priority
> system on the basis of poor licensee performance. The main
> consideration in reducing the inspection interval should be evidence
> of moderate to severe problems in the licensee\'s radiation safety or
> environmental protection programs. Poor compliance history is one
> indicator of such problems, while lack of management involvement or
> control over the radiation safety program is another indicator.
> Specifically, licensees that meet the following conditions shall be
> considered for reduction in inspection interval:
>
> 1\. A Severity Level I, II, or III violation on the most recent
> inspection; or
>
> 2\. Issuance of an Order or escalated enforcement on the most recent
> inspection; or
>
> 3\. If a \"management paragraph\" appears in the cover letter
> transmitting the notice of violation on the most recent inspection
> (i.e., a paragraph that requires the licensee to address adequate
> management control over the licensed program); or
>
> 4\. An event requiring a reactive inspection; or
>
> 5\. Repetitive violations.

The above list is not exhaustive. The inspection interval may be reduced
for any other reason deemed pertinent by the regional or the
Headquarters management. An example would be an enforcement conference
where the outcome did not include escalated enforcement action, but did
indicate a need for the licensee to improve certain aspect(s) of its
compliance program.

Licensees which meet the above criteria may have their inspection
interval reduced by any length. For instance, licensee with a nominal
annual inspection frequency and a poor performance record could be
rescheduled for its next inspection in 6 months. The reduction may be
valid only until the next inspection or another duration specified, but
the regional or the Headquarters management shall consider the results
of the next inspection when determining whether the reduced frequency
should be continued, changed, or returned to normal.

> b\. To document the reduction in the interval between inspections, a
> note (e.g., a memorandum or section within the inspection report)
> should be written by the inspector, approved and signed by the
> inspector\'s immediate supervisor, and placed in the licensing file.
>
> c\. The decision to reduce the inspection interval may be made at any
> time, but consideration should be given immediately after each routine
> inspection. The project manager for the site, and the licensee should
> be informed and the master inspection plan updated.

05.05 [Inspections After Escalated Enforcement]{.underline}. If
escalated enforcement action has taken place for a particular licensee,
a follow‑up inspection should be scheduled and conducted within 6 months
of the last inspection or sooner, in accordance with the guidance in
this IP regarding reduction of inspection frequency (Section 05.04),
after completion of the escalated enforcement action, to assess the
licensee\'s follow‑up actions in response to the previous violations.
Regions may perform this followup inspection as a part of a routine
inspection.

05.06 [Performance‑Based License]{.underline}. At sites operating under
a PBL, the inspector should ensure that changes authorized under the PBL
do not erode the basis for NRC\'s licensing decision. In evaluating the
changes made to the facility, inspectors should recognize that the
reviews conducted by the licensee\'s evaluation panel are reviews of
neither safety nor environmental acceptability; rather, the evaluation
panel reviews under the PBL are a determination of whether the proposed
changes require prior NRC review. Licensees are obligated to ensure that
any change considered to the facility should be safe and environmentally
acceptable. Then the evaluation panel is responsible for determining if
the proposed changes need to be submitted to NRC. There will be
circumstances where the licensee finds that the proposed changes are
acceptable; however, the change may still require an NRC review.

As a general set of guidelines, NRC review will be required for changes
to:

> 1\. The items described in the application or subsequent submittals
> that would reduce the safety basis of the facility;
>
> 2\. The procedures conditioned in the license or outlined, summarized,
> or included in the application; and
>
> 3\. Any of the license conditions.

2801‑06 REVIEW OF EVENTS

All inspections should include, as appropriate, a review of licensee
reportable and non‑reportable events that involve contamination,
releases, equipment malfunctions, or other similar events that have
generic significance. The review should cover corrective actions taken
by the licensee and follow‑up actions taken to prevent recurrence. In
the case of reports received by NRC involving radiological health and
safety, the region is responsible for determining the seriousness of the
reported incident and whether an immediate reactive inspection is
necessary. When such reports involve programmatic or technical areas
normally addressed by Headquarters programs, the region shall confer
with Headquarters, to jointly determine what response, if any, is
required.

Non‑reportable events are those determined by the licensee to fall
outside criteria requiring them to be reported to NRC. Although, these
events are not reported formally to NRC, licensees occasionally may
contact regional staff informally to describe the event and explain the
basis why it is considered a non-reportable event. Often, licensees are
required, by the license conditions, to maintain records of
non‑reportable events onsite. Non‑reportable events should be examined
during inspections, to determine appropriate corrective actions or
follow‑up to preclude recurrence. Such events may relate to safety
issues requiring follow-up actions by the Occupational Safety and Health
Administration, or the Mine Safety and Health Administration. These
events may also relate to existing or potential operational concerns,
not otherwise reportable, such as biointrusion in disposal units,
erosion or sloughing of trench walls, or uncontrolled wind erosion.
Additional guidance on non‑reportable events is contained in individual
inspection procedures.

2801‑07 INDEPENDENT INSPECTION EFFORT

Each inspector should spend some onsite inspection time performing
independent inspection effort. The amount of time spent should be
commensurate with the level of risk, the complexity of the facility, and
the degree to which inspection resources have already been committed to
significant safety and environmental issues that have already been
identified in the facility. This effort may include more in‑depth
inspection in selected technical areas than that normally called for by
the formal procedures. The major objective of this effort should be to
gain increased understanding of potential safety and environmental
hazards of particular activities of interest, such as those that may
have been involved in a series of recent non‑reportable events.

Comparison of the findings from this type of effort with the licensee\'s
findings may uncover unresolved safety and environmental concerns,
improper maintenance practices, and other problems that may not be
discovered through other means. Discovered hazards outside the scope of
NRC=s regulatory authority should be conveyed to the licensee at the
exit interview (as set forth in IP 88002), described to regional
management during debriefing, and included in the formal inspection
report. In cases where regulatory jurisdiction for the observed
potential hazard is clear, the finding shall be reported to the
responsible agency for action (i.e., State, Mine Safety and Health
Administration, Environmental Protection Agency, etc.). In all cases
where the finding involves a potential effect on radiological health and
safety, the finding shall be followed up during subsequent inspections
until the licensee has resolved the concern. However, special follow‑up
inspections solely on the basis of Mine Safety and Health Administration
issues are not required unless the potential hazard poses a radiological
health or safety concern.

2801‑08 RANDOM SELECTION AND EXAMINATION OF RECORDS

Many of the inspection procedures normally require the inspector to
select certain types of records at random for closer examination.
However, random selection is not always required. The inspector may seek
out certain records of interest when so inclined.

Random selection is a technique that recognizes the fact that NRC does
not have the resources to inspect every detail of plant. The NRC
inspection program is predicated on the fact that the licensee is
ultimately responsible for the safety of the licensed facility. Random
selection, where specified in a procedure, allows the inspector to
sample specific aspects of the licensee\'s safety and environmental
program to be studied at a level of detail that would be impractical if
exercised uniformly across the entire safety program. When random
selection is specified in a procedure, the inspector should select
records corresponding to activities that relate to the NRC=s regulatory
role, such as effluent monitoring records or ground‑water restoration
records. Also included should be records required to be retained for
later decommissioning.

To reasonably verify that activities are conducted safely and in an
environmentally acceptable manner, the inspector also should randomly
select personnel for interviews. The extent and depth to which random
selections or examinations are needed are left to the inspector\'s
judgment, depending on how satisfactorily the licensee=s operational,
and safety and safeguards procedures are being followed.

2801‑09 REGIONAL RESPONSIBILITY FOR LICENSEES

The responsibility for inspection resides with the regional office in
which the licensee operation is located. For efficiency in resource use,
the regional office may request another regional office or Headquarters
to assist in the conduct of inspections when specialized technical
expertise is needed and is not available within the responsible region.
In some cases, a region may wish to transfer all or part of the
inspection responsibility to another region or to Headquarters. These
arrangements may be made with mutual agreement between the offices
involved. If a permanent transfer of total inspection responsibility is
involved, the affected regional offices should ensure that the
appropriate changes are made to the computerized license data file by
informing the Headquarters of the change in inspection responsibility
for the license and requesting a change in the file. The regional office
assuming inspection responsibility will be credited with the caseload in
budgeting and allocating resources.

2801‑10 INSPECTION DURING VARIOUS PHASES OF FACILITY LIFE

10.01 [Part I ‑ Inspection During the Construction and Pre‑Operational
Phase]{.underline}.

> a\. [Purpose]{.underline}. The purpose of this instruction is to
> provide guidance for planning and conducting inspections during the
> construction/pre‑operations phase of facility life. Activities
> encompassed during the construction/pre‑operations phase of a uranium
> mill or disposal site include disposal trench construction: liner
> placement: observation and verification of placement and compaction of
> cover materials: equipment use: fire protection program (equipment and
> training procedures):, and compliance with applicable construction
> specifications requirements in accordance with applicable management
> controls and quality assurance procedures. Activities encompassed
> during start‑up of a mill that has been on stand‑by, would include
> equipment operation/function and safety.
>
> b\. [Implementation]{.underline}. This inspection program begins on
> issuance of the license, or license amendment to restart the mill, and
> continues until the site begins active receipt and disposal of waste,
> or processing of ore at a mill. Situations may arise in which
> inspection requirements specified for other phases may apply
> concurrently with those specified here for the pre‑operational phase.
> For example, certain requirements contained under Parts I and II may
> apply in the construction, pre‑operational checks, and start‑up of a
> major modification to the site.

The uranium mill or 11e.(2) byproduct material disposal site
pre‑operational inspection program is defined by selection from among
the list of procedures in Table 1. The areas covered during an
inspection need not be limited only to those elements discussed in the
procedures, but may need to include examination of other activities not
expressly delineated or covered in existing procedures. In such cases,
the inspector must exercise good professional judgment in modifying the
inspection and in identifying to the Headquarters the possible need for
development of supplemental guidance. Conformance with the principles of
reducing radiation exposure to as low as is reasonably achievable
(ALARA) should be a principal concern at all times.

For the normal inspection frequency, each procedure should be executed
for each specific frequency. In practice, part or all of the procedure
element may need to be examined during each inspection visit.

During inspections, emphasis should be placed on physical examinations,
observation of conduct of operations, independent measurements, and
personnel interviews. Attention should be directed toward the
availability of written procedures, the degree to which they are being
followed, and the state of training of on‑site personnel. Effort should
be concentrated on areas of perceived concern (highest safety risk) and
site activities performed since the last inspection.

Review of records should involve only a sampling of those records
important to safety of personnel and the general public. For example, if
the organizational structure has not changed with respect to personnel
and assigned functions and responsibilities, the inspector should not
pursue the subject of organization in any detail, unless there is reason
to believe that such is not the case. Discretion in such areas is left
to the inspector\'s judgement.

> c\. [Regulatory Considerations]{.underline}. The inspector should be
> familiar with current license requirements; previous inspection
> reports; applicable codes, standards and guides; and the following
> regulations:
>
> 10 CFR Part 19, \"Notices, Instructions, and Reports to Workers:
> Inspection and Investigations.\"
>
> 10 CFR Part 20, \"Standards for Protection against Radiation.\"
>
> 10 CFR Part 21, \"Reporting of Defects and Noncompliance.\"
>
> 10 CFR Part 40, \"Domestic Licensing of Source Material.\"
>
> 10 CFR Part 50.59, AChanges, tests, and experiments.@
>
> 10 CFR Part 61.82, \"Commission Inspection of Land Disposal Facilities
> (Commercial Disposal Only).\"
>
> d\. [Guidance for Use of Inspection Procedures during the
> Pre‑Operational Phase]{.underline}. The inspection procedures
> indicated in Table 1 for the construction/pre‑operations phase are
> applicable to inspections conducted at uranium mills and 11e.(2)
> byproduct material disposal sites during construction/pre‑operations.
> The inspection staff can determine the applicable elements of each
> procedure by reviewing the procedure, the facility license, and
> reports of previous inspections.

10.02 [Part II ‑ Inspection during the Operations Phase]{.underline}

> a\. [Purpose]{.underline}. The purpose of this instruction is to
> provide guidance for planning and conducting inspections during the
> operations phase of the facility. Activities encompassed during the
> operations phase include receipt and handling of incoming 11e.(2)
> byproduct material, or the processing of ore and packaging of
> yellowcake; emplacement of the 11e.(2) byproduct material for
> disposal; radiation safety and environmental monitoring activities;
> and records management.
>
> b\. [Implementation]{.underline}. This inspection program begins on
> issuance of the facility license, or a license amendment to allow a
> uranium mill on stand‑by to restart, and continues until the facility
> ceases active receipt of materials and/or disposal of waste.
> Situations may arise in which inspection requirements specified for
> other phases may apply concurrently with those specified here for the
> operations phase. For example, certain requirements contained under
> Parts I and III may apply in the operations, or start‑up of a
> facility.
>
> The uranium mill or 11e.(2) byproduct material disposal site
> operations inspection program is defined by selection from among the
> list of procedures in Table 2. The areas covered during an inspection
> need not be limited only to those elements discussed in the
> procedures, but may need to include examination of other activities
> not expressly delineated or covered in existing procedures. In such
> cases, the inspector must exercise good professional judgment in
> modifying the inspection and in identifying to the Headquarters the
> possible need for development of supplemental guidance. Conformance
> with the principles of ALARA should be a principal concern at all
> times.
>
> For the normal inspection frequency, each procedure should be executed
> for each specific frequency. In practice, part or all of the procedure
> element may need to be examined during each inspection visit. Emphasis
> should be placed on physical examinations, observation of conduct of
> operations, independent measurements, and personnel interviews.
> Attention should be directed toward the availability of written
> procedures, the degree to which they are being followed, and the state
> of training of on‑site personnel. Effort should be concentrated on
> areas of perceived concern (highest safety risk) and licensee
> activities conducted since the last inspection.
>
> Review of records should otherwise involve only a sampling of those
> records important to safety of personnel and the general public. For
> example, if the organizational structure has not changed with respect
> to personnel and assigned functions and responsibilities, the
> inspector should not pursue the subject of organization in any detail,
> unless there is reason to believe that such is not the case.
> Discretion in such areas is left to the inspector\'s judgment.
>
> c\. [Regulatory Considerations]{.underline}. The inspector should be
> familiar with current license requirements; previous inspection
> reports; applicable codes, standards and guides; and the following
> regulations:
>
> 10 CFR Part 19, \"Notices, Instructions, and Reports to Workers:
> Inspection and Investigations.\"

10 CFR Part 20, \"Standards for Protection against Radiation.\"

10 CFR Part 21, \"Reporting of Defects and Noncompliance.\"

10 CFR Part 40, \"Domestic Licensing of Source Material.\"

> 10 CFR Part 50.59, AChanges, tests, and experiments.@

10 CFR Part 61.80, \"Maintenance of Records, Reports, and Transfers.\"

> 10 CFR Part 61.82, \"Commission Inspection of Land Disposal Facilities
> (Commercial Disposal Only)
>
> d\. [Guidance for Use of Inspection Procedures During
> Operations]{.underline}. The inspection procedures indicated in Table
> 2 for the Operations Phase are applicable to inspections conducted at
> uranium mills and 11e.(2) byproduct material disposal sites, including
> mills authorized for disposal of in‑situ leach facility waste and
> other 11e.(2) byproduct material. The inspection staff can determine
> the applicable elements of each procedure by reviewing the procedure,
> the facility license, and reports of previous inspections. Inspectors
> should also refer to applicable portions of Regulatory Guides 4.14,
> 8.22, and 8.30, for details.

10.03 [Part III ‑ Inspection During the Reclamation/Closure
Phase]{.underline}

> a\. [Purpose]{.underline}. The purpose of this instruction is to
> provide guidance for planning and conducting inspections during the
> period of reclamation/closure of a uranium mill site or 11e.(2)
> byproduct material disposal site. In some cases, as specifically
> allowed or required by license condition, some closure activities may
> occur for some parts of a facility during the operations phase. The
> purpose of the inspection is to verify, by field observations and
> review of licensee records, that decontamination of soil, sediment,
> surface waters, and ground‑water, as well as reclamation of the
> disposal cell, are being performed in accordance with NRC‑approved
> plans.
>
> b\. [Implementation]{.underline}. This program is initiated when the
> licensee begins implementation of any portion of the approved
> reclamation/decommissioning plan. The foundation for planning and
> scheduling inspections will thus be the licensee\'s progress in
> implementing the reclamation plan (construction schedule). The
> criteria for inspections will be license conditions and applicable
> regulations, some of which will directly address reclamation
> activities. In many cases, portions of the reclamation plan may be
> implemented for part of a site while active operations continue
> elsewhere on site. In these cases, the appropriate portions of this
> program should be implemented in conjunction with the operations
> inspection program. The reclamation plan itself, as amended during
> site operation and approved by NRC, should be reviewed by the regional
> office to determine if procedural or scheduling modifications are
> necessary to enable planning of an efficient inspection program. The
> inspection program continues in effect until the licensee has
> implemented all elements of the reclamation plan, the license is
> terminated, and the title to the land is transferred to the State or
> the U.S. Department of Energy for long‑term surveillance and
> maintenance.
>
> The 11e.(2) byproduct material disposal site, or uranium mill
> reclamation and decommissioning inspection program is also defined by
> selection from among the list of procedures in Table 2. The areas
> covered during an inspection need not be limited only to those
> elements discussed in the procedures, but may need to include
> examination of other activities not expressly delineated or covered in
> existing procedures. In such cases, the inspector must exercise good
> professional judgment in modifying the inspection and in identifying
> to the Headquarters the possible need for development of supplemental
> guidance. Conformance with the principles of ALARA should be a
> principal concern at all times.
>
> For inspections during site remediation/closure (includes licensee
> performing cleanup verification measurements), each procedure should
> be executed for each specific frequency. In practice, part or all of
> the procedure element may need to be examined during each inspection
> visit. Emphasis should be placed on physical examinations, observation
> of conduct of operations, limited independent measurements (e.g.,
> split samples), and personnel interviews. Attention should be directed
> toward the availability of the licensee\'s written procedures, the
> degree to which they are being followed, and the state of training of
> on‑site personnel. Effort should be concentrated on areas of perceived
> concern. Discretion in such areas is left to the inspector\'s judgment
> in consultation with Headquarters staff (project manager, technical
> reviewers).
>
> A confirmatory survey may be performed as an audit of the licensee\'s
> final survey results to independently confirm that the report is
> accurate and representative of site conditions, but is only necessary
> if there is significant doubt regarding the licensee\'s final survey
> results. A confirmatory survey will be performed if any of the
> following applies to decommissioning of the site:
>
> 1\. Repeated violations, with the inclusion of a \"management
> paragraph;\"

2\. Issuance of an order;

3\. Failure to take short‑term corrective measures;

4\. An event requiring a reactive inspection;

> 5\. Limited financial and technical viability of the licensee; and
>
> 6\. Significant problems identified with the reclamation plan or final
> survey data.
>
> c\. [Regulatory Considerations]{.underline}. The inspector should be
> especially familiar with current license requirements; previous
> inspection reports; applicable codes, standards and guides; and the
> following regulations:

10 CFR Part 20, \"Standards for Protection against Radiation.\"

10 CFR Part 40, \"Domestic Licensing of Source Material.\"

> 10 CFR Part 61.82, \"Commission Inspection of Land Disposal Facilities
> (Commercial Disposal Only).\"
>
> d\. [Guidance for Use of Inspection Procedures During
> Closure]{.underline}. The inspection procedures indicated in Table 2
> are applicable to inspections conducted at 11e.(2) byproduct material
> disposal sites, or uranium mills during closure. The most applicable
> procedure is under development and will be entitled, \"Decommissioning
> Inspection Procedure for Uranium Mill Sites.\" The inspection staff
> can determine the applicable elements of each procedure by reviewing
> the procedure, the facility license, and the licensee\'s closure
> (reclamation) plan.

END

Attachments:

Table 1 Inspection Procedures Applicable to Pre‑Operational Inspection
of a Uranium Mill or 11e.(2) Byproduct Material Disposal Site

Table 2 Inspection Procedures Applicable to Inspection of a Uranium Mill
or 11e.(2) Byproduct Material Disposal Site during Operations and
Closure

**TABLE 1**

INSPECTION PROCEDURES APPLICABLE TO PRE‑OPERATIONAL INSPECTION OF A
URANIUM MILL OR 11e.(2) BYPRODUCT MATERIAL DISPOSAL SITE

  ----------- --------------- ------------ ------------ -----------------------
  Procedure   Procedure Title Inspection                Applicability of
  Number                      Frequency                 Procedure to the
                                                        Inspection

                              Minimum      Normal       

  36100       10 CFR Part 21  As Necessary As Necessary Inspectors should be
              Inspection at                             sensitive to the
              Nuclear Power                             underlying principle
              Reactors                                  driving this procedure.

  88001       On-site         Annual       Key constr.  Applicable to the
              Construction                 milestones   inspection of
                                                        engineering and
                                                        construction.

  88005       Management      Annual       Annual       Generic Procedure
              Organization                              applicable.
              and Controls                              

  88045       Environmental   Annual       Semiannual   License will specify
              Protection                                offsite monitoring and
                                                        sample locations,
                                                        frequencies and
                                                        applicable limits on
                                                        levels and
                                                        concentrations of
                                                        radioactivity.

  89001       In-situ Leach   Annual       Semiannual   Generic procedure
              (ISL)                                     applicable to uranium
              facilities                                mills and in-situ leach
                                                        facilities.

  92701       Followup        As Necessary As Necessary Generic procedure
                                                        applicable.

  92703       Followup of     As Necessary As Necessary Generic procedure
              Confirmatory                              applicable.
              Action Letters                            
  ----------- --------------- ------------ ------------ -----------------------

**TABLE 2**

INSPECTION PROCEDURES APPLICABLE TO INSPECTION OF A URANIUM MILL SITE OR

11e.(2) BYPRODUCT MATERIAL DISPOSAL SITE DURING OPERATIONS

  ----------- --------------------- ------------ ------------ ---------------------------
  Procedure   Procedure Title       Inspection                Applicability of the
  Number                            Frequency                 Procedure

                                    Minimum      Normal       

  83822       Radiation Protection  Annual       Semiannual   This procedure is
                                                              applicable in its entirety.

  86740       Inspection of         Annual       Semiannual   This procedure should be
              Transportation                                  used to confirm compliance
              Activities                                      for yellowcake or 11e.(2)
                                                              shipments.

  88001       On-site Construction  Annual       Semiannual   This procedure is for the
                                                              engineering and
                                                              construction aspects of a
                                                              disposal cell and
                                                              implementation requires the
                                                              assistance of Headquarters
                                                              staff.

  88005       Management            Annual       Annual       This procedure is generally
              Organization and                                applicable.
              Controls                                        

  88010       Operator              Annual       Biennial     This procedure is
              Training/Retraining                             applicable to mill and
                                                              disposal sites.

  88025       Maintenance and       Annual       Semiannual   Generally applicable.
              Surveillance Testing                            

  88035       Radioactive Waste     Annual       Semiannual   Sections 02.01 - 02.06 are
              Management                                      generally applicable.

  88045       Environmental         Annual       Semiannual   This procedure is
              Protection                                      applicable in its entirety.

  88050       Emergency             Biennial     Biennial     This procedure is generally
              Preparedness                                    applicable. Discretion is
                                                              required regarding the
                                                              degree to which all
                                                              requirements are inspected
                                                              against.

  89001       In-situ Leach         Annual       Semiannual   Applicable to the operating
              Facilities                                      aspects generic to uranium
                                                              mills and ISL facilities.

  92701       Followup              As Necessary As Necessary Generally Applicable.

  90703       Followup of           As Necessary As Necessary Generally Applicable.
              Confirmatory Action                             
              Letters                                         

  93001       OSHA Interface        As Necessary As Necessary Generally Applicable.
              Activities                                      
  ----------- --------------------- ------------ ------------ ---------------------------