## U.S. EPA NESHAP Subpart W Revisions Update Reid J. Rosnick Radiation Protection Division NRC/NMA Uranium Recovery Workshop May 26, 2011Pg 2 

## Purpose of Presentation

 Provide background and status update on 40 CFR 61, Subpart W (National Emission Standard for Radon Emissions from Operating Mill Tailings under Clean Air Act)Pg 3 

### 40 CFR 61 Subpart W Summary  Applies to radon emissions from operating uranium mill tailings  Radon emissions flux standard: 20 pCi/m 2-sec  After 12/15/1989, new impoundments were required to meet one of two new work practices

 Phased disposal – Impoundment size(2) < 40 acres  Continuous disposal – dewatered tailings with no more than 10 acres uncovered  Both must meet design, construction, ground-water monitoring standards at 40 CFR 192.32(a)  Work practices were designed to achieve at least equivalent risk reductions as obtained by the numerical standard Pg 3Pg 4 

## Review of Subpart W  Review began after receiving Notice of Intent to Sue (NOI) by two Colorado environmental groups  Based on EPA’s alleged failure to review & revise regulation within ten years after enactment of Clean Air Act Amendments of 1990 (11/15/2000)  Plaintiffs filed suit against EPA  Settlement agreement reached November 2009  EPA is currently revising Subpart W, projected proposal, late this yearPg 5 

## Subpart W, continued  In Situ Leach/Recovery (ISL/ISR) extraction has become more commonplace since original promulgation and does not generate significant tailings, but wastes containing uranium byproduct material are placed in evaporation ponds/impoundments  ISL/ISR, conventional mill, heap leach operations expected  Regulatory Reviews  of the current standard  of the original EPA radon risk assessment

Pg 5Pg 6 

# Background

PRODUCTION ZONE MONITOR WELL OVERLYING AQUIFER MONITOR WELL UNDERLYING AQUIFER MONITOR WELL INJECTION WELL PRODUCTION WELL

PRODUCTION

ZONE MONITOR WELL RING MINING UNIT PROJECTED LIMIT 500' TYPICAL 500' MAX. Conventional Surface mill

Heap leaching Uranium Recovery MethodsPg 7 

### Subpart W, Scientific Data/Research  Review and compile a list of existing & proposed U mill tailing facilities & the containment technologies being used, as well as proposed  Compare & contrast those technologies with the engineering requirements of RCRA Subtitle C land disposal facilities, which are used as the design basis for existing uranium byproduct material impoundments

 Review regulatory history of Rad - NESHAPS and Subpart W, Tailings impoundment technologies, and radon measurement method  Comparison of 1989 risk assessment with current risk assessment approaches (adequacy and appropriateness) Pg 7Pg 8 

### Status of 40 CFR Part 61, Subpart W  Regulation is under formal review  Work has reached deliberative phase, EPA workgroup is preparing options for regulation revision to Assistant Administrator.  AA will provide direction on which options to include in preamble of proposal  Focus has been:  External -- Public information meetings to address settlement agreement requirements  Internal -- Technical review

## Communications Plan  EPA is committed to maintaining an open and transparent rulemaking process  Objectives:  Inform stakeholders of potential changes in EPA’s Subpart W requirements  Give stakeholders an opportunity to provide feedback  Audiences:  Tribes  States  Offices/Regions within EPA  Other Federal Agencies  Mining companies

Pg 9

# Outreach
 Established a dedicated web site to act as an information outlet  http://www.epa.gov/radiation/neshaps/subp artw/rulemaking-activity.html  Site contains current and historical rulemaking documents, presentations, contact information, useful links

Pg 10

# Outreach

 Quarterly conference calls to answer stakeholder questions  Next call – July 7, 2011 – 11:00 AM EDT  Call in number is 1 - 866- 299- 3188. You will be prompted for a conference code, which will be 2023439563. After entering the conference code press the # key and you will then be placed into the conference call  Public participation by e- mail:  subpartw@epa.gov

Pg 11Pg 12 

### Thank You