**U.S. EPA Regulations Review Update:**  **Subpart W NESHAPS (40 CFR**  **61)**
Reid J. Rosnick Radiation Protection Division U.S. Environmental Protection Agency

**National Tribal Air Association NTAA** **- EPA**  **Air Policy Call**  **June 26** **th**

**, 2014 Pg**  **2** 

## Review of 40 CFR 61 Subpart W  National Emission Standard for Hazardous Air Pollutants (NESHAP) for radon emissions for operating mill tailings  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**Pg 3**  

## Existing Subpart W Summary  Applies to radon emissions from operating uranium mill tailings  Radon emissions flux standard: 20 pCi/m2/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 3** **Pg 4**  

## Existing Subpart W, continued  Regulation originally written with emphasis on conventional impoundments  In Situ Leach/Recovery (ISL/ISR) extraction has become more commonplace since original promulgation  Does not generate significant tailings  Wastes containing uranium byproduct material are placed in evaporation ponds/impoundments  ISL/ISR, conventional mill, heap leach operations expected

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## Proposed Subpart W Revisions  EPA is proposing several revisions (under authority of the Clean Air Act Amendments of 1990):  Clearly stating that the standards apply to all units that contain uranium byproduct material. These units include, but are not limited to:
 conventional tailings impoundments
 evaporation ponds or other nonconventional impoundments at uranium recovery facilities
 heap leach piles

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## Proposed Subpart W Revisions, cont.  Propose that all uranium recovery facilities comply with Generally Available Control Technology (GACT), or management practices  Management practices incorporate existing “work practices” for conventional impoundments  Management practices also specified for evaporation ponds and heap leach piles  This standard requires double liners and leak detection systems per 40 CFR 192.32(a)

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## Proposed Subpart W Revisions, cont.  Proposed GACT removes the requirement for monitoring radon, but still limits the amount of byproduct material that can be exposed  For conventional impoundments, limit tailings exposure using either phased disposal or continuous disposal  For heap leach piles, limit tailings exposure using phased disposal and maintain a 30 % moisture content in the pile  For evaporation ponds, require at least one meter of liquid be constantly maintained in the pond

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## Proposed Subpart W Revisions, cont.  Add definitions for:  uranium recovery facility  operation and standby  Conventional impoundment  non-conventional impoundment  heap leach pile  Require the owner/operator of a uranium recovery facility to maintain records that confirm that impoundments have been constructed according to the requirements

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## Outreach  Presentations made in Gallup, NM, Rapid City, SD, Denver, CO, Ute Mountain Ute Recreation Center (White Mesa)  Dedicated website: (www.epa.gov/radiation/neshaps/subpartw/rule making-activity.html  Quarterly stakeholder conference calls (July 3, 866-299-3188, code 2023439563#)  Letters requesting consultation sent to 55 tribes  Consultation requested by Ute Mountain Ute

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## Comments/Public Hearing
 The proposed rule was published in the Federal Register on May 2, 2014 (79 FR 25388)  EPA will accept comment until July 31, 2014 (90 days after the proposed rule was published)  EPA has received requests to extend comment period. Extension will be granted - time has not been decided  Public hearing will be held during the comment period

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