ML083510622 

UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

OFFICE OF FEDERAL AND STATE MATERIALS 

AND ENVIRONMENTAL MANAGEMENT PROGRAMS 

WASHINGTON, D.C. 20555 

April 29, 2009 

NRC REGULATORY ISSUE SUMMARY 2009-05

URANIUM RECOVERY POLICY REGARDING: (1) THE PROCESS FOR 

SCHEDULING LICENSING REVIEWS OF APPLICATIONS FOR NEW 

URANIUM RECOVERY FACILITIES AND (2) THE RESTORATION OF 

GROUNDWATER AT LICENSED URANIUM IN SITU RECOVERY 

FACILITIES 

ADDRESSEES

All holders of operating licenses for uranium recovery facilities and all companies who have 

submitted applications to construct new uranium recovery facilities of all types (conventional 

mills, heap leach operations, and in situ recovery (ISR) facilities) or letters of intent to submit 

such applications. 

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS) 

to inform addressees of the NRC’s policy regarding: (1) the process for scheduling licensing 

reviews of applications for new uranium recovery facilities and (2) the restoration of groundwater 

at uranium ISR facilities. The NRC is issuing this RIS, in part, to request that those companies 

who have submitted letters of intent to submit applications for new uranium recovery facilities 

provide advance information, on a voluntary basis, pertaining to the estimated date for submittal 

of such applications. 

BACKGROUND

Process for Scheduling Licensing Reviews: 

During the past 15 months, the NRC has received four applications for new uranium recovery 

facilities and expects to receive an additional 15 applications for new facilities over the next 

several years. Because these licensing reviews will place significant resource demands on its 

staff, the NRC must establish a predictable and consistent review process for these applications 

and communicate this process to the uranium recovery industry. 

Restoration of Groundwater at ISR Facilities: 

With renewed interest in domestic nuclear reactor power facilities, there has been a 

corresponding resurgence in the uranium recovery industry. Among the various uranium 

recovery techniques, ISR has become the most common method. The NRC has received 

applications for four new ISR facilities during the past 15 months and expects an additional eight 

ISR applications over the next several years. In light of this renewed interest in uranium ISR, 
RIS 2009-05 

Page 2 of 5 

the NRC staff needs to clarify the appropriate standards for groundwater restoration at ISR 

facilities following the cessation of uranium recovery at individual wellfields. In this regard, the 

NRC, in consultation with the Environmental Protection Agency (EPA), is in the process of 

revising the regulations in 10 CFR Part 40, Appendix A, to clarify the groundwater restoration 

standards for ISR facilities. In the interim, pending issuance of the proposed ISR rule for public 

comment, this RIS provides clarification of NRC’s existing groundwater restoration standards in 

Appendix A. However, it should be recognized that the ongoing rulemaking process and 

consultation with EPA may lead to changes in requirements that could be inconsistent with the 

Appendix A clarifications that are discussed below. 

SUMMARY OF ISSUES 

Process for Scheduling Licensing Reviews: 

In order to establish accurate estimates of future applications for new uranium recovery 

facilities, the NRC has requested that prospective applicants submit “letters of intent” for 

planned application submittals. Based on letters of intent received to date from prospective 

applicants, the NRC anticipates that approximately 15 applications for new uranium recovery 

facilities will be submitted during fiscal years 2009 through 2012. To effectively schedule 

resources for these licensing reviews, the NRC requests that applicants provide their best 

estimates of planned submission dates. The accuracy of these estimates may have a 

significant impact on the start date and duration of both the acceptance review (i.e., review for 

completeness) and the subsequent detailed technical and environmental reviews of the 

applications. The advanced notification of application submission dates will facilitate NRC 

resource planning and the completion of the acceptance and technical and environmental 

reviews in a timely manner. The NRC staff will strive to have resources available to initiate the 

acceptance review on the expected date of application submittal. To facilitate the effectiveness 

of the review process, the NRC staff expects each potential applicant to declare in writing its 

expected application submission date at least 90 days ahead of its arrival. Significant deviation 

from the expected date of the application submittal may adversely impact the initiation of the 

staff’s acceptance review. As such, potential applicants should update the NRC regarding any 

changes to application submittal dates previously provided. 

It is the staff’s goal to complete acceptance reviews within 90 days of physical receipt of the 

submitted application by the Uranium Recovery Licensing Branch, Division of Waste 

Management and Environmental Protection, Office of Federal and State Materials and 

Environmental Management Programs. Electronic filing of an application may expedite its 

placement into the NRC’s Agencywide Documents Access and Management Systems 

(ADAMS). However, the NRC staff’s review of an application also requires access to paper 

copies to facilitate the reading of large maps and figures that are typically included. Following 

acceptance and docketing of the application, the staff’s goal is to complete the detailed 

technical review (safety and environmental) within two years. 

To meet this goal, applicants need to provide complete and timely responses to any requests for 

additional information (RAIs) that are necessary for the staff to complete its review. Responses 

to RAIs generally should be submitted within 30 days of receipt by the applicant or an 

alternative schedule should be provided if responses can not be provided within 30 days. 
RIS 2009-05 

Page 3 of 5 

Restoration of Groundwater at ISR Facilities: 

ISR facility operators inject a processing solution (lixiviant) into subsurface ore bodies to 

dissolve uranium which is subsequently concentrated and processed into yellowcake. The 

lixiviant injections result in waste water – both in the subsurface and above-ground – and the 

contaminants in this waste water must be properly managed. Following the cessation of 

uranium recovery operations in a particular wellfield, the groundwater must be restored to 

appropriate standards. 

The NRC’s generic requirements for the siting, operation, decontamination, reclamation, and 

decommissioning of uranium recovery facilities and the associated tailings or wastes are 

provided in 10 CFR Part 40, Appendix A. When these requirements were established in 1985, 

uranium ore was recovered and processed predominantly at conventional mills and, as such, 

Appendix A focused primarily on operations and closure at conventional mill sites. 

However, the legislation pursuant to which Appendix A was established (the Uranium Mill 

Tailings Radiation Control Act of 1978 as amended, UMTRCA) amended the Atomic Energy 

Act’s section 11e definition of byproduct material to include “the tailings or wastes produced by 

the extraction or concentration of uranium or thorium from any ore processed primarily for its 

source material content” (emphasis added). In a 1979 final rule implementing UMTRCA 

requirements, the NRC added to 10 CFR Part 40.4, a definition of byproduct material that, in 

addition to tracking the above-quoted portion of the Atomic Energy Act’s 11e.2 definition of 

byproduct material, states that the term includes “discrete surface wastes resulting from 

uranium solution extraction processes.” The 1979 rule’s preamble further reflects the NRC’s 

finding that, properly construed, UMTRCA covers the “above-ground wastes” from ISR 

operations as published in the Federal Register on August 24, 1979 (44 FR 50012). 

Additionally, in 2000, the NRC determined that all waste water generated during ISR operations 

would be classified as 11e.(2) byproduct material. Staff Requirements Memorandum on SECY99-0013 (“Recommendations on Ways to Improve the Efficiency of NRC Regulation at [ISR] 

Facilities”). 

The 10 CFR Part 40 definition of byproduct material is relevant to Criterion 5B of Appendix A, 

because this Criterion pertains to uranium byproduct materials, and Sections (5) and (6) of 

Criterion 5B govern the setting of site-specific concentration limits of hazardous constituents for 

purposes of protecting and restoring groundwater quality at all uranium mill operations. 

Accordingly, the requirements in Criterion 5B of Appendix A apply to restoration of groundwater 

at uranium ISR facilities. 

The staff recognizes that NUREG-1569, “Standard Review Plan for In Situ Leach Uranium 

Extraction License Applications,” provides guidance that is not consistent with the requirements 

in Criterion 5B of Appendix A discussed above. In particular, the NUREG-1569 discussion of 

groundwater restoration to “pre-operational class of use” as being a secondary standard is not 

accurate, and is not an appropriate standard to use in evaluating license applications. Criterion 

5B contains the appropriate standards that will be applied to groundwater restoration at ISR 

facilities. 

As indicated above, the staff is now working with the EPA to resolve groundwater protection 

issues at ISR facilities and to revise Appendix A of 10 CFR Part 40 accordingly. The NRC 
RIS 2009-05 

Page 4 of 5 

expects that a draft of the proposed revisions to Appendix A will be published for public 

comment in 2010. Additionally, NUREG-1569 will be revised to correctly identify the standards 

for groundwater restoration at ISR facilities and to address the new requirements codified by the 

rulemaking. 

Under the existing requirements in Appendix A of 10 CFR Part 40, the staff will apply the 

Criterion 5B standards in evaluating all ISR groundwater restoration plans currently under 

review or submitted in the future. This policy includes reviews of applications for new ISR 

facilities, reviews of restoration plans at existing, licensed ISR facilities, and reviews of ISR 

license renewal applications. 

VOLUNTARY RESPONSE 

Process for Scheduling Licensing Reviews: 

To ensure that the NRC will have adequate time to effectively schedule resources and to 

facilitate the staff’s ability to complete the acceptance review and overall licensing review of an 

application for a new uranium recovery facility within established goals for timeliness, the staff 

requests that each potential applicant declare in writing its expected submission date (month, 

day, year) for the application at least 90 days ahead of its arrival. 

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the Federal Register

because this RIS is informational and does not represent a departure from current regulatory 

requirements. This RIS pertains in part to an administrative aspect of the regulatory process 

that involves the voluntary submission of information on the part of addressees. 

CONGRESSIONAL REVIEW ACT 

This RIS is a rule as designated in the Congressional Review Act (5 U.S.C. §§ 801-886). The 

Office of Management and Budget (OMB) has determined this is not a major rule. 

PAPERWORK REDUCTION ACT STATEMENT

This RIS contains information collection requirements that are subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501, et seq.). These information collections were approved 

by the Office of Management and Budget (OMB), approval 3150-0020. 

The burden to the public for this voluntary information collection is estimated to average 8 hours 

for the response, including the time reviewing instructions, searching existing data sources, 

gathering and maintaining the data needed, and completing and reviewing the information 

collection. Send comments regarding this burden estimate or any other aspects of these 

information collections to the Records and FOIA/Privacy Services Branch (T-5F53), U.S. 

Nuclear Regulatory Commission, Washington, DC 20555-0001, or by Internet electronic mail to 

INFOCOLLECTS.Resource@nrc.gov; and to the Desk Officer, Office of Information and 

Regulatory Affairs, NEOB-10202, (3150-0020), OMB, Washington, DC 20503. 
RIS 2009-05 

Page 5 of 5 

PUBLIC PROTECTION NOTIFICATION 

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for 

information collection requirement unless the requesting document displays a currently valid 

OMB clearance number. 

CONTACT 

This RIS requires no specific action or written response. If you have any questions about this 

summary, please contact the technical contact listed below. 

 /RA/ 

 Larry W. Camper, Director 

Division of Waste Management 

 and Environmental Protection 

 Office of Federal and State Materials 

 and Environmental Management Programs 

Technical Contact: Bill von Till 

 (301) 415-0598 

 E-mail: rwv@nrc.gov

Enclosure: List of Recently Issued FSME 

 Generic Communications 
RIS 2009-05 

Page 5 of 5 

PUBLIC PROTECTION NOTIFICATION 

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for 

information collection requirement unless the requesting document displays a currently valid 

OMB clearance number. 

CONTACT 

This RIS requires no specific action or written response. If you have any questions about this 

summary, please contact the technical contact listed below. 

 /RA/ 

 Larry W. Camper, Director 

Division of Waste Management 

 and Environmental Protection 

 Office of Federal and State Materials 

 and Environmental Management Programs 

Technical Contact: Bill von Till 

 (301) 415-0598 

 E-mail: rwv@nrc.gov

Enclosure: List of Recently Issued FSME 

 Generic Communications 

ML083510622 

OFC DWMEP FSME DWMEP DWMEP DWMEP OGC 

NAME RWeller AMcIntosh BGarrett MFliegel BVonTill JAdler 

DATE 12/17/08 02/27/09 12/22/08 12/17/08 01/21/09 12/18/08 

OFC OGC DWMEP OIS OE DWMEP 

NAME JHull/nlo-via 

email 

KMcConnell TDonnell NHilton LCamper 

DATE 12/31/08 02/13/09 03/ 24 /09 03/ 30 /09 4/29/09 

OFFICIAL RECORD COPY 
Enclosure 

List of Recently Issued Office of Federal and State Material and Environmental Management Programs 

Generic Communications 

Date GC No. Subject Addressees 

05/13/08 RIS-2008-10 Notice Regarding Forthcoming 

Federal Firearms Background 

Checks 

All U.S. Nuclear Regulatory Commission 

licensees, certificate holders, and 

applicants for a license or certificate of 

compliance who use armed security 

personnel as part of their physical 

protection system and security 

organization. All Radiation Control Program 

Directors and State Liaison Officers. 

05/12/08 RIS-2008-11 Precautions to Protect Children Who 

May Come in Contact with Patients 

Released After Therapeutic 

Administration of Iodine-131 

All U.S. Nuclear Regulatory Commission 

medical-use licensees, master material 

licensees, Agreement State Radiation 

Control Program Directors, and State 

Liaison Officers 

05/09/08 RIS-2008-12 Considerations for Extended Interim 

Storage of 

Low-level Radioactive Waste by 

Fuel Cycle and Materials Licensees 

All holders of U.S. Nuclear Regulatory 

Commission fuel cycle and materials 

licenses. All Radiation Control Program 

Directors and State Liaison Officers 

06/16/08 RIS-2008-13 Status And Plans for Implementation 

of NRC Regulatory Authority for 

Certain Naturally Occurring and 

Accelerator-Produced Radioactive 

Material 

All U.S. Nuclear Regulatory Commission 

materials licensees, Radiation Control 

Program Directors, State Liaison Officers, 

and the NRC’s Advisory Committee on the 

Medical Uses of Isotopes 

07/18/08 RIS-2008-17 Voluntary Security Enhancements 

for Self-Contained Irradiators 

Containing Cesium Chloride 

Sources 

All U.S. Nuclear Regulatory Commission 

Materials Licensees Authorized to Possess 

Self-Contained Irradiators Containing 

Cesium Chloride (CsCl) ; all Agreement 

State Radiation Control Program Directors 

and State Liaison Officers; all members of 

the Advisory Committee on the Medical 

Uses of Isotopes. 

05/16/08 IN-2008-03 Precautions to Take Before Sharing 

Sensitive Security-Related 

Information 

All U.S. Nuclear Regulatory Commission 

licensees who are implementing U.S. 

Nuclear Regulatory Commission’s Order 

Imposing Increased Controls (IC Order) or 

implementing IC requirements by license 

condition; all Agreement State Radiation 

Control Program Directors and State 

Liaison Officers 

Note: This list contains the six most recently issued generic communications, issued by the Office of Federal and 

State Materials and Environmental Management Programs (FSME). A full listing of all generic communications 

may be viewed at the NRC public website at the following address: http://www.nrc.gov/reading-rm/doccollections/gen-comm/index.html