Wednesday 

April 17, .1985 

Part V 

Environmental 

Protection Agency 

40 CFR Part 61 

National Emission Standards for 

Hazardous Air Pollutants; Standard for 

Radon-222 Emissions From Underground 

Uranium Mines; Final Rule 
15386 Federal Register / Vol. 50, No. 74 / Wednesday. April 17. 1985 I Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 61 

[AD-FRL-2814-7) 

National Emission Standards for 

Hazardous Air Pollutants; Standard for 

Radon-222 Emissions from 

Underground Uranium Mines 

AGENCY: Environmental Protection 

Agency (EPA). 

~CTtON: Final rule. 

SUMMARY: The U.S. District Court for the 

Northern District of California has 

ordered EPA to promulgate a final 

standard for airborne emissions of 

radionuclides from underground 

uranium mines by April10. 1985. or to 

find that radionuclides are clearly not a 

hazardous air pollutant. This final rule is 

designed to limit exposure of the public 

to radon-222 emissions from 

underground uranium mines. 

EFFECTIVE DATE: This final rule is 

effective on April17. 1985. For existing 

sources, the standards shall not apply 

until 90 days after the effective date. 

ADDRESSES: The rulemaking record is 

contained in Docket No. A-79-11. This 

docket is available for public inspection 

between 8:00 a.m. and 4:00 p.m., Monday 

through Friday, at EPA's Central Docket 

Section, West Tower Lobby. Gallery 

One. Waterside Mall. 401 M Street. SW., 

Washington. D.C. 20460. A reasonable 

fee may be charged for copying. 

FOR FURTHER INFORMATION CONTACT: 

Paul J. Magno. Environmental Standards 

Branch (ANR-460), Criteria and 

Standards Division. Office of Radiation 

Programs. U.S. Environmental Protection 

Agency, Washington. D.C. 20460, (703) 

557~704. 

SUPPLEMENTARY INFORMAnON: 

I. Supporting Documents 

II. History of Uranium Mine Standard 

Development 

On April 6. 1983. the Agency 

announced in the Federal Register a 

proposed standard to limit radon-222 

emissions from underground uranium 

mines (48 FR 15076, Aprils, 1983). This 

proposed standard was withdrawn by 

the Administrator in October 1984 on 

the basis that it did not meet the legal 

requirements of section 112 of the Clean 

Air Act (49 FR 43906, October 31. 1984). 

The Agency has also received additional 

technical information that suggested 

that bulkheads and other techniques to 

control radon-222 emissions may be 

feasible. The withdrawal action was 

taken in response to an order by the U.S. 

District Court for the Northern District 

of California compelling EPA. by 

October 23, 1984, to promulgate 

standards or make a finding that 

radionuclides are not a hazardous air 

pollutant within the context of section 

112 of the Clean Air Act. 

On December 11, 1984, the Court 

found the Administrator and t.he Agency 

in contempt of its previous order and 

directed the following remedial actions: 

1. (a) Issue within 30 days of the date 

of the order final radionuclide emission 

standards for Department of Energy 

(DOE) facilities, Nuclear Regulatory 

Commission (NRC)-licensed and nonDOE Federal facilities. and elemental 

phosphorous plants, and 

(b) Issue within 120 days of the date of 

the order final radionuclide emission 

standards for underground uranium 

mines; or 

2. Make a finding based on the 

information presented at hearings during 

the rulemaking. that radionuclides are 

clearly not a hazardous air pollutant. 

A final Background Information 

Document has been prepared and single 

copies may be obtained by writing the 

Program Management Office. Office of 

Radiation Programs (ANR-458), U.S. 

Environmental Protection Agency. 

Washington. D.C. 20460, or by calling 

{703) 5S7-9351. Please refer to 

"Background Information Document: 

The Agency promulgated final 

standards for DOE facilities, NRClicensed and non-DOE Federal facilities, 

and elemental phosphorous plants on 

January 17. 1985 (SO CFR S190l February 

6. 1985). although it is noted that the 

Agency intends to pursue its pending 

appeal of this portion of the District 

Court's order. A complete history of the 

events leading to this action is 

contained in the Federal Register notice 

" announcing the final standards. 

Standard for Radon-222 Emissions to Air 

from Underground Uranium Mines." 

This document contains a description of 

the uranium mining industry. proj.ected 

exposures and risks to nearby 

individuals and to the general 

population. and descriptions of radon222 control methods. 

On February 21, 1985, EPA published 

in the Federal Register a proposed work 

practice standard to limit radon-222 

emissions from underground uranium 

mines (50 FR 7280, February 21. 1985). 

The proposed work practice standard 

required bulkheading abandoned and 

temporarily abandoned mine areas to 

reduce the amount of radon-222 emitted 

to the above ground air from the mines. 

Following publication of the proposed 

standard. EPA conducted a pbblic 

hearing in Albuquerque. New Mexico. 

on February 27 and 28, 1985. The public 

record was held open until March 26. 

1985. to allow for written comments to 

be received, however. EPA asked that 

comments be submitted as soon as 

possible to allow the Agency maximum 

time to consider them. A significant 

number of comments were received by 

the Agency on the last day of the public 

comment period. The short time 

between the submission of all the public 

comments and the Court deadline for 

promulgating the rule allowed the 

Agency a limited opportunity to respond 

to all ~f the comments. The Agency has 

generally reviewed all of the comments 

and is responding to the major issues 

and points in this notice. The Agency 

did not receive any comments or 

information subsequent to the public 

hearing that warranted a dramatic 

alteration in its approach. Changes 

made to the final rule in response to 

points raised in oral and written 

comments are discussed in the following 

sections. 

III. Summary of the Final Rule 

This rule is designed to limit exposure 

of the public to radon-222 emissions 

from underground uranium mines. The 

final rule differs in a number of ways 

from the proposed rule because of 

changes the Agency has made in 

response to public comments. This 

section provides an overview of the 

final rule: changes from the proposed 

rule are noted. The rationale for each of 

these changes is provided in the 

following sections of this notice. Both 

the Federal Register noti~e describing 

the proposed rule (SO FR 7280) and the 

Background Information Document 

provide further information on those 

portions of the final rule that have not 

changed from proposal. 

The final rule: 

(1) Applies to an owner or operator of 

an active underground uranium mine 

which has mined or will mine over 

100.000 tons of ore during the life of the 

mine. A mine which will have or has 

had an annual ore production rate 

greater than 10,000 tons must also 

comply with the standard. unless it can 

be demonstrated that the mine will not 

exceed a cumulative ore production of 

100,000 tons. (The proposed standard 

did not include the exclusion for mines 

producing greater than 10.000 tons of ore 

per year. but with an expected 

cumulative ore production of less than 

100.000 tons.) 

{2) Requires that an owner or operator 

of an underground uranium mine install 

and maintain bulkheads to isolate all 

abandoned and temporarily abandoned 
Federal Register I Vol. 50, No. 74 I Wednesday, April 17, 1985 I Rules and Regulations 15387 

areas of the mine. If a negative pressure 

behind the bulkhead is necessary, then a 

maximum of 20 percent of the total 

volume of air contained in the sealed 

area may be exhausted per day. A mine owner or operator may apply for an 

alternative standard, if necessary to 

protect miner health and safety. (The 

proposed standard did not provide a 

mine owner or operator the opportunity 

to seek an alternative standard based on 

miner health and safety.) 

(3) Requires quarterly inspections of 

bulkheads and quarterly measurements 

of the air exhaust rate for those 

bulkheaded areas maintained under 

negative pressure. (The proposed 

standard required monthly bulkhead 

inspections and monthly measurements 

of the air exhaust rate.) 

(4) Requires that any necessary 

repairs to bulkheads be made within ten 

days. (The proposed standard required 

that bulkhead repairs be made within 

three days.) 

(5) Requires an annual certification of 

compliance with the standard. (The 

proposed standard required an annual 

report summarizing the number and 

volumes of abandoned and temporarily 

abandoned mine areas: the number of 

bulkheads maintained: and an estimate 

of the average amount of air in the 

bulkheaded areas which is exhausted 

per day.) 

In establishing its final standard for 

radon-222 emissions from underground 

uranium mines. EPA had to weigh 

protection of the public health with 

protection of the mine personnel. The 

Agency believes that this standard will 

not significantly increase the radon 

decay product concentrations to which 

the underground miners are exposed. EPA intends to work with the Mine 

Safety and Health Administration to ensure that implements tion of this 

standard will not jeopardize miner health and safety. 

This final standard requires a work 

practice, i.e., bul.kheading, which is 

commonly used throughout the uranium 

mining industry to direct fresh air to the 

working areas of the mine. Howeve.r, the 

application of bulkheads to seal workedout areas for reducing radon-222 

emissions from underground mines has 

not been thoroughly tested. Because of 

the limited time allowed by the Court 

order, EPA was unable to completely 

evaluate bulkheading or other 

potentially applicable work practices. 

EPA intends, once this standard is 

promulgated, to begin long-term studies. 

as necessary. to evaluate the efficiency 

of bulkheads and other techniques for 

decreasing radon-222 emissions from 

underground uranium mines. 

IV. Background Infonnation 

A. Industry Description 

Uranium mining involves the handling 

of large quantities of ore containing 

uranium-238 and its decay products. The 

concentrations of these radionuclides in 

ore may be up to one thousand times 

greater than their concentration .in other 

rocks and soils. Uranium miningis . 

predominantly c~rried out by ei~her 

surface {open pit) or undergrouf1d 

mining methods, depending on the 

depth, ore grade, and thickness of the ore deposit. Underground uraniJm · mines have generally accounted! for 

about thirty to forty percent of the 

uranium oxide production in the United 

States. 

The underground uranium mining 

industry has undergone substf!ntial 

changes in recent years due to declining 

demand and competition from lbw-cost 

foreign sources. The total number of 

underground mil)es fell from a p

1

eak of 

300 in 1980 to only six by March 1985. 

Currently, all underground uranium 

mining in the United States takes place· 

in the western United States. ln general. 

the mines presently operating are located in relatively remote areas of 

New Mexico, Colorado. Utah, and 

Arizona. Further reduction in the 

number of operating mines is pected during 1985. 

Production of uranium oxide by 

underground mines peaked at 9jloo tons 

in.l980; the industry estimates that 

uranium oxide production in 1985 will be 

approximately 1300 tons. EPA estimates 

that. based on Department of Energy 

projections of uranium oxide demand, 

the industry will produce close to 3100 

tons of uranium oxide in 1985. 'I;'he 

Agency has taken into account ,both its own and industry projections of uranium 

oxide production in assessing ~e risk 

associated with radon-222 emisSions 

from underground uranium minbs. 

B. Radionuclide Emissions fron,l 

Underground Uranium Mines 

Radon-222 is the most significant 

radionuclide emitted to the above 

ground air from underground uranium . mining activities. Radon-222 is released 

from underground mines in relatively 

high concentrations through mipe 

ventilation systems. Results of 

measurement studies made at 27 large 

underground uranium mines d~ng 1978-1979 showed that radon-222 

emissions to air from individual mines 

ranged from 200 to 30,000 curies per year 

(Ci/y) with an average of 5600 Ci/y. These mines accounted for 

approximately 65 percent of the uranium 

· oxide produced by all undergrqund 

mines in 1978. Based on these 

measurement results, the total radon-222 

emissions from all underground uranium 

mines in 1978 were about 240,000 curies. 

EPA estimates emissions of radon-222 

will be about 80,000 CUDes in 1985, 

based on DOE projections of uranium 

oxide demand. Using industry 

projections of uranium oxide production. 

emissions of radon-222 will be about 

35,000 curies in 1985. 

It is important to note that the rate of 

radon-222 emissions from underground 

uranium mines is highly variable, 

depending upon a nwnber of 

interrelated factors, including mine 

ventilation rates, ore grade, exposed 

surface area, mining practices, and 

geologic formatio!UI. In addition, these 

mines can differ significantly in their 

configuration. The wide diversity among 

mines makes it difficult to predict 

emission rates of the effectiveness of 

emission reduction practices at any 

given mine. 

C. Estimates of Exposure and Risk 

The risk associated with emissions 

from underground uranium mines is 

primarily due to the short half-life decay 

products of radon-222. Radon-222 · decays into a series of short-lined 

radionuclides. These decay products 

readily attach to dust particles that may 

become lodged in the lung when inhaled. 

thus irradiating the surrounding cells. 

Individuals living near an 

underground uranium mine can be 

exposed to increased levels of radon 

decay products of a result of radon-222 

being released ft·om the mine ventilation 

shafts. Radon-222 contained in the outside atmosphere enters homes and other 

structures built near the mine exhaust 

vents through doors and windows, as well as other openings in the structure. 

The occupants of these structures may 

then be exposed to potentially harmful 

levels of radon-222 decay products. 

The increased lifetime risk of fatal 

lung cancer to individuals living near large underground uranium mines from 

the mine emissions is estimated to range 

from about one in one thousand to one in one hundred. The potential exists for 

an increased risk as great as one in ten 

in some situations, e.g, a person living 

very close to several horizontal mine 

vents or in areas influenced by multiple 

mine emissions. EPA estimates the 

increase in the fa tal cancer risk to the 

total population from radori-222 · emissions from underground uranium 

mines to have been about one to four 

fatal cancer cases per year during the 

peak production period of 1978-1982. 

With the decrease in the number of 

operating underground uranium mines, 

the increased risk of fatal cancer is 
15388 . Federal Register I Vol. 50, No. 74 I Wednesday, April 17, 1985 I Rul~s and Regulations 

expected to range from four-tenths to 

two fatal cancer cases per year during 

the period 1983-1990. Based on industry 

production projections, the increased 

risk of fatal cancer in 1985 is estimated 

to range from three-tenths to six-tenths 

of a fatal cancer case. 

Exposure levels are derived from 

emission estimates, dispersion 

modelling, and population data. For any 

given emission rate. dispersion models 

predict concentrations a t different 

distances from the emission source. By 

combining th.ose estimated 

concentrations with census data on 

population densities. the number of 

people exposed at different 

concentrations can be estimated. 

However, several factors suggest that 

actual exposure levels to nearby 

individuals will be lower than those 

estimated. In estimating exposure. 

exposed individuals are assumed to be 

subjected to the emissions for 24 hours 

every day for 70 years (roughly a 

lifetime). This does not consider, for 

instance. the fact that most people in 

their daily routines move in and out of 

the specific areas where the 

concentrations are the highest. In the 

case of underground uranium mines, the 

average life of a mine ranges from 1()-20 

years, although some mines have 

operated for almost thirty years. 

Several commenters expressed 

concern about the Agency's risk 

estimates and the need for r~gulalion of 

this source category. Three specific 

points were addressed: (1) The risk from 

radon-222 emissions from underground 

uranium mines is not of the magnitude 

necessary to warrant regulation under 

section 112 of the Clean Air Act. 

therefore, the Agency should "delist" 

radionuclides from regulatory 

consideration under section 112; (2) little 

evidence exists to indicate health effects 

result below total exposure levels of one 

hundred working level months; and (3) 

the decline in the uranium mining 

industry significantly deflates the 

already overestimated health risks 

presented by the Agency. 

The Agency has considered these 

interrelated issues and has concluded 

that the "listing" of radionuclides as a 

hazardous air pollutant within the 

context of section 112 of the Clean Air 

Act was entirely appropriate. Section 

122 of the Clean Air Act requires the 

Administrator to review all available 

relevant information and determine 

whether emissions of radioactive 

pollutants to the ambient air will <:ause, 

or contribute to, air pollution which may 

reasonably be anticipated to endanger 

public health. If the Administrator 

concludes that emissions of 

radionuclides meets this criterion, he 

must list and regulate radionuclides 

under section 108(a)(l), section 

111(b)(1)(A), or, if he finds that 

radionuclide emissions cause. or 

contribute to, air pollution which may 

reasonably be anticipated to result in an 

increase in mortality or an increase in 

serious irreversible, or incapacitating 

reversible, illness, section 112(b)(l)(A) 

of the Act, or take any combination of 

such actions. 

The Agency believes that emission of 

radionuclides from underground 

uranium mines meets the general 

criterion for an affirmative finding under 

section 122. Further, the Agency believes 

that emissions of radionuclides from 

underground uranium mines meet the 

criterion for regulation under section 112 

of the Act. Specifically, there is no doubt 

that radionuclides are carcinogenic, 

mutagenic. and teratogenic. This 

conclusion is based on extensive 

scientific evidence derived from studies 

of both human and animal populations. 

Underground uranium mines emit radon222 and its decay products in large 

quantities. Many studies in the United 

States and other countries of miners 

exposed to radon-222 gas and its decay 

products have presented highly 

convincing evidence that exposure to 

these radionuclides causes or 

contributes to lung cancer. 

Estimating the magnitude of the 

increased risk of developing lung cancer 

to individuals living near underground 

uranium mines and to the general 

population living downwind of the 

mines is complicated and uncertain. 

Epidemiological data exist that 

demonstrate a relationship between 

cumulative exposure to radon-222 decay 

products and increased lung c;ancer risk. 

There is substantial evidence that 

relates cummulative exposure of greater 

than approximately one hundred 

working level months (WLM) to an 

increased risk of lung cancer. While 

some studies based on human data 

indicate that exposure to less than one 

hundred WLM increases the risk of lung 

cancer. these data are less conclusive. 

There are considerable difficulties in 

demonstrating increased risk at a 

statistical confidence level of95 percent 

for exposure at relatively low 

concentrations of radon-222 decay 

products because a very large study 

population is needed. It is often difficult 

to identify appropriate study 

populations large enough to conduct 

such studies to examine risks at very 

low levels. 

Cumulative exposure to a person 

living near an undergound uranium mine 

due to mine emissions is not likely to 

exceed twenty WLM over his lifetime. 

(This assumes exposure to about 0.3 

WLM per year for about 70 years.) 

While this is considerably below 

cumulative exposures at which we have 

substantial human evidence relating to 

lung cancer, the Agency believes that 

such exposure is not below a threshold 

at which no signficant health damage 

could occur. Radiation protection 

organizations, national authorities, and 

prestigious scientific committees 

worldwide use the assumption that 

there is no threshold below which 

exposure to radiation does not pose 

some risk to health. For example, the 

National Academy of Sciences' 

Committee on Biological Effects of 

Ionizing Radiati{ln recommended that 

health risks from low level exposures to 

alpha radiation, such as that produced 

by radon-222 decay products. be · 

estimated by extrapolating risks from 

higher exposures using a linear 

nonthreshold model. Therefore, 

extrapolations from the available miner 

epidemiological data have been used by 

EPA to estimate risk at exposure levels 

caused by radon-222 emissions from 

underground uranium mines. 

Section 112 requires not only a finding 

that the pollutant at issue is hazardous 

in the abstract, but also that it poses a · 

public health risk in its from as an air 

pollutant. By coupling information on 

radon-222 emissions form mines, air 

transport models, and health risk 

models, the Agency estimates that the 

increased lifetime risk to individuals 

living near an underground uranium 

mine could be about one chance in one 

hundred of incurring lung cancer 

because of the emissions. For 

perspective, the current average lifetime 

risk of developing lung cancer in the 

United States is about three in one 

hundred. Clearly. radon-222 emissions 

from underground uranium mines may 

significantly affect a nearby individual's 

lung cancer risk. In addition, several 

fatal cancers per year may result in the 

total population due to these emissions. 

depending on the quantity of ore 

production each year. 

In making its health risk estimates, 

EPA evaluated the air pollution risk of 

radon-222 emissions from underground 

uranium mines based on the magnitude 

of both current and potential emissions, 

on observed and estimated ambient 

radon-222 concentrations, on the 

proximity of large populations to 

emitting sources, on estimates of health 

risk to exposed populations, and on 

considerations of uncertainties 

associated with risk estimates. The 

assessments and the assumptions used 

to estimate lifetime risks are described 
Federal Register I Vol. 50, No. 74 I Wednesday. April 17, 1985 I Rules aQd Regulations , 15389 

in more detail in the Background 

Information Document. In addition, a 

study conducted during the period 1976-

1980 by the New Mexico Environmental 

Improvement Division clearly 

demonstrated elevated concentrations 

of radon-222 in air near underground 

uranium mines in the Ambrosia Lake area of New Mexico. 

The Agency believes that there is 

sufficient evidence to conclude that 

potential increases in the risk of lung cancer to individuals and the general 

population due to radon-222 emissions 

from underground uranium mines may 

be anticipated to endanger public health 

and may be anticipated to result in an increase in mortality. Consequently, 

regulation of this source category under 

sections 122 and 112 is appropriate. 

The Agency also believes that a standard limiting exposure of the public 

to radc.m-222 emissions from 

underground uranium mines is 

warranted, despite the low number of 

operating mines. The Congress intended 

in section 112 that EPA act by a date 

certain to protect the health of current 

and future generations from emissions of 

pollutants that it determined to be 

hazardous. This is still the Agency's 

responsibility even if. as some might 

argue, current production levels have 

reduced risk. Demand for uranium oxide 

may increase. In the peak production 

years, the increase in an individuat's 

lifetime risk of lung cancer from radon- 222 emissions from underground 

uranium mines may have been as high as one in ten to those individuals 

exposed to mulitiple mine vents an.d 

increased population risk may have 

been as high as four fatal cancers per 

year. Without a standard such as this. 

risks to the public, both nationally and 

regionally, would increase if demand 

and production of uranium oxide 

increases. 

Section 122 of the Clear Air Act 

allows EPA to use section 108(a)(1) or section 11l(b){I)(A) in combination with 

section 112 if the Administrator 

determines it to be suitable. At this time, 

the Agency has chosen to regulate 

radon-222 emissions from underground 

uranium mines only under section 112. 

Current information suggests that 

regulation under these other sections would not significantly improve control 

of radon-222 emissions from 

underground uranium mines. Should new information alter this conclusion, 

the Agency may reconsider its approach 

to regulating underground uranium 

mines. 

D. Control Technology 

Since radon-222 is a noble gas and the 

volume of air discharged through mine 

vents is very large, at present there is no practical method to remove radon-222 

from the mine exhaust air. Application 

of conventional methods to remove radon-222 from mine ventilation air at 

the volumes of air which must be treated 

would require large, complex, unproven 

systems that woiJld be extremely costly, 

i.e., adding at least $18 to $44 to the total 

cost of producing a pound of uranium 

oxide. (Currently, the average cost to 

produce one pound of uranium oxide 

from an underground mine is about $35.) 

The industry now employs a number of 

practices to reduce radon decay product 

concentrations in the mine to meet 

occupational exposure standards 

established by the Mine Safety and 

Health Administration. These practices. 

which include bulkheading abdndoned areas of the mine, have the effJct of 

reducing radon-222 emissions to the 

above ground air. 

At EPA's request, the U.S. Bureau of 

Mines evaluated the cost and 

effectiveness of various work practices 

in reducing radon-222 emissions. The 

results of the study suggested that . bulkheading could reduce emissions of 

radon-222 by about 10 to 60 percent. 

Based on the peak production year, the 

amount of population risk reduction 

achieved could range from two-tenths to 

two fatal cancer cases per year. 

Estimates for 1983, the most recent year 

for which actual production d~ta are available, range from one-tent~ to one fatal case per year. In 1985, based on Industry production projections, the 

amount of population risk reduction is 

estimated to range from three· 

hundredths to three-tenths of a fatal cancer case per year. These ar~ only 

rough estimates based on installing 

bulkheads in a presently uncontrolled 

mine (i.e., a mine with no bulkheads). 

Information presented during the 

public comment pericd indicat'es that 

uncertainty exists as to the amount of 

radon-222 emission reduction 

achievable by bulkheading in existing 

mines. This is in part due to the 

complexi~y in the configuratio* of these 

mines, past mining practices, and 

consideration of miner health hnd 

safety. The extent to which arl:ditional 

bulkheads can be installed to furthc:-

reduce radon-222 emissions can only be 

determined on a case-by-case basis. 

Comments from the industrY 

supported EPA's conclusion tHat 

bulkheading is the only practi~l work 

practice that could be used to reduce 

radon-222 emissions to the above 

ground air. Other methods, such as rock 

sealants and backfilling •. may also 

reduce r!ldon-222 emission!!; however, 

they are not thought to be as cost· 

effective or practical .as bulkheading. 

After considering all the available 

information on control technologies. the 

Agency has concluded that bulkheading 

abandoned and temporarily abandoned 

mine areas to seal the radon-222 

underground is a practical method of 

reducing radon-222 emissions from the 

mines to the above ground air. 

E. Bulkheading 

Bulkheads are air-restraining barriers 

used to direct air and prevent 

contamination or leakage of fresh air 

going to the active areas of the mine. 

This practice reduces the radon-222 and 

decay product concentrations in the 

active areas of the mine and also 

reduces the volumes of air needed to 

ventilate the mine. Bulkheading 

practices vary among mines: some mines make extensive use of bulkheads, 

while others use few bulkheads. 

A secondary benefit of bulkheading 

inactive areas of a mine is that radon· 

222 emanating from the rock surface will 

decay in the isolated area. Hence, this 

technique can also reduce radon-222 

emissions to the above ground air. The 

amount of emission reduction achieved 

is dependent on the volume of inactive 

areas that are sealed with bulkheads 

and the amount of air removed from 

these areas. · 

The radon-222 in the sealed area 

behind a bulkhead will build up to 

relatively high concentrations (i.e .. tens 

of thousands of picocuries per liter), so 

it is necessary to prevent or minimize 

any leakage of air from behind the 

bulkhead into the working areas of the 

mine. Any such leakage could 

significantly increase .the radon decay 

product concentration to which the 

miners are exposed. Therefore, it is 

often necessary to maintain a negative 

differential pressure behind the 

bulkhead to prevent leakage of 

contaminated air into the active mine 

airways. This negative pressure is 

achieved by bleeding (i.e., removing) air 

from behind the bulkhead into an 

exhaust airway. For bulkheads to be 

effective In reducing radon-222 

emissions to above ground air, however, 

the amount of air bleed necessary to 

maintain an adequate pressure 

differential across the bulkhead must be 

minimized. The smaller the air bleed, the more radon-222 will decay behind the 

bulkhead rather than being released 

above ground. 

V. The Fin.ol Standard 

The complexity in the structure'of 

underground uranium mines, the 

uncertainties in the effectiveness of inmine control techniques, and the Jack of 

suitable control technology to capture 
15390 ' Federal Register I Vol. 50, No. 74 / Wednesday. · April 17, 1985 I Rules and Regulations 

radon-222 being vented from the mines 

cause the Agency to conclude that an 

emission standard is not feasible. The 

effectiveness of techniques for radon222 emission reduction is not known. 

This means that predictable. hence 

measurable, steps toward compliance 

with a generic emission atandard can 

not be identified. In thia inatance, 

section 112(e)(1) of the Clean Air Act 

allows the Agency to prescribe a work 

practice or other type standard to 

control the pollutant. This standard, 

therefore, requires that bulkheading be 

used to reduce emissions of radon-222 

from the mines. A more thorough 

description of the individual 

components of the standard and the 

rationale follow&. 

A. Applicability 

The standard is applicable to an owner or operator of an active 

underground uranium mine which has 

mined or will mine over 100,000 tons of 

ore during the life of the mine. Mines 

which have bad or will have an annual 

ore production rate greater than 10,000 

tona must also comply with the 

standard. unless it can be demonstrated 

that the mine will not exceed a 

cumulative ore production of 100.000 

tons. 

An evaluation of radon-222 emissions 

from underground mines operating In 

1978 as a function of cumulative ore 

production showed that 188 mines or 75 

percent of all the mines had a 

cumulative ore production of less than 

100.000 tons. The estimated radon-222 

emission rate from each of these mines 

waa lesa than 200 curies per year, and as a group they contributed only five 

percent of th~ total cunes emitted by all 

underground uranium mines in 1978. 

Since the radon-222 emissions from 

underground uranium mines with 

cumulative ore productions of less than 

100.000 tons are amall, the Agency baa 

concluded that these mines need not be 

covered by the standard. 

One commenter suggested that the 

Agency eliminate the 100,000 tons of 

cumulative ore production criterion; 

another suggested increasing it to 

500,000 tons. The Agency has decided to 

maintain the cutoff at 100,000 tons 

cumulative ore production in order to 

include older mines which are likely to 

have significant emissions of radon-222 

due to the large amount of surface area 

emanating this radionuclide. EPA chose 

the 100,000 tona cutoff based on the 

results of the study discussed 

previously. Ninety-five percent of the 

radon·222 emissions from underground 

uranium mines In 1978 were from mines 

with a cumulative ore production of 

100.000 tons or greater. 

The annual ore production value of 

10.000 tons was selected to ensure that 

mines which are likely to exceed 100.000 

tons of cumulative ore production will 

be covered by the standard on the 

effective date of the standard or at the 

time a new mine begins production. 

Evidence exists which indicates that 

mines with an annual ore production 

rate of 10.000 tons or greater are likely 

to mine 100,000 tons of ore during their 

lifetime. The standard allows a mine 

owner or operator to demonstrate that 

the mine will not exceed 100,000 tons of 

cumulative pre production, and, thus, 

not be subject to the atandard. 

B. Bulkheading Requirements 

Comments generally agreed with the 

Agency's conclusion that bulkheading is 

a practical method to reduce radion-222 

emissions to the above ground air from 

underground uranium mines. One 

commenter suggested that backfilling 

abandoned areas with mill taili.ngs 

might also yield aome reduction in 

radon-222 emissions. Thia final rule. 

while prescribing bulkheading 

requirements, allows a mine owner or 

operator' the flexibility to use other 

methods of radon-222 control. such as 

backfilling. upon approval by the 

Administrator. 

The standard requires that an owner 

or operator of an underground uranium 

mine install and maintain reliable 

bulkheads to isolate all abandoned and 

temporarily abandoned areas of the 

mine. If a negative pressure behind the 

bulkhead is necessary, then a maximum 

of 20 percent of the total volume of air 

contained in the sealed area may be 

exhausted per day. Many commenters 

expressed concern about limiting the 

amount of air which can be drawn from 

behind a bulkhead to achieve a negative 

pressure. In some situations. this 

practice may result in an increase in 

radon-222 decay product concentrations 

in the working areas of the mine. In 

addition. it may be difficult or 

impractical to measure the amount of air 

removed from a bulkheaded area. 

Commenters requested that EPA 

eliminate the limitation on the amount of 

air which can be drawn from behind a 

bulil!b!ad. 

EPA does not intend to promulgate a 

standard which increases miner 

exposure to radon decay products. 

However, a limit on the rate of removal 

of air from behind a bulkhead is 

necessary to provide sufficient 

residence time for the radon-222 in the 

isolated area t"decay. A 20 percent per 

day value was selected as a balance 

between the need to minimize the rate 

of air removed from the isolated area 

and the need to maintain adequate 

negative pressure to prevent radon-222 

from leaking into active mine airways 

and increasing the radon-222 decay 

product exposure to the miners. Our 

analysis estimates that, when the 

exhaust rate is maintained at 20 percent, 

approximately 50 percent of the radon222 trapped behind the bulkhead will 

decay and thuo will not be vented to the 

above ground air. Reducing the air 

exhaust rate to 10 percent per day 

would result in a radon-222 reduction of 

approximately 65 percent. but we do not 

have enough information at the present 

time to know if this will provide 

adequate protection of the miners. 

Industry representatives explained to 

EPA that the ventilation routes in many 

existing mines are designed so that air 

from active areas is exhausted through 

the inactive areas of the mine. As fresh 

air is brought into the mine, care is 

taken to prevent its contamination with 

radon-222 decay products prior to its 

reaching the active work areas. 

Bulkheads are constructed primarily to 

seal unused portions of the mine 

adjacent to the intake airways· to 

prevent fresh air from escaping or 

becoming contaminated. In current 

practice. the mined-out areas become 

exhaust airways as the mining process 

retreats towards intake airways. 

Therefore. a major portion of the minedout areas must be kept open to allow 

passage of air to the exhaust vents. In 

the case of one mine. ninety-six percent 

of the mine is inactive areas which serve 

as exhaust routes for contaminated air. 

Bulkheading is unlikely to be practical 

in these inactive areaa unless major 

changes are made in the ventilation 

schemes of the mines. such as 

constructing new ventilation shafts. In 

addition, entering these areas to 

construct bulkheads may jeopardize the 

health and safety of the miners because 

of high concentrations of radon-222 

decay products and ground instability. 

Commenters requested that EPA exempt 

from the requirements of the standard 

inaccessible areas and those areas 

which serve as ventilation passageways. 

After hearing the comments discussed 

above and reviewing the configurations 

of several existing mines, the Agency 

has decided to include a provision in the 

standard to allow mine owners or 

operators to apply for an alternative 

standard, if necessary-to protect miner 

health and safety. By including this 

option, rather than simply eliminating 

the air exhaust rate limitation and 

exempting certain areas of·a mine based 

on their function, the Agency hopes to 

provide incentive to design new mines 

in such a way as to limit radon-222 

emissions to above ground air. Industry 
Federal Register I Vol. 50. No. 74 I Wednesday, April 17, 1985 I Rules ahd Regulations 15391 

representatives acknowledged at the 

public hearing that a new mine could be 

designed to limit the number of inactive areas used as exhaust routes and to 

maximize the amount of area which 

could be bulkheaded. 

C. Reporting and Recordkeeping 

The Agency received numerous comments on the reporting and 

recordkeeping requirements of the 

proposed rule. In an effort to minimize 

the amount of additional time personnel 

must spend in a mine to meet its 

standard, EPA has decreased the 

number and frequency or the reporting 

and recordkeeping requirements 

imposed by the final rule. The revisions are as follows: 

(1) Inspections The frequency of 

inspections of bulkhead conditions and 

measurements of the air exhaust rete for 

those bulkheaded areas maintained 

under negative pressure has been 

reduced from monthly to quarterly. 

Records of these_ inspections must be 

kept at the mine and be available for 

review by EPA. 

(2) Bulkhead repairs The length of 

time allowed to make necessary repairs 

to bulkheads has been lengthened from 

three days to ten days. This change 

ellows mine operators greater flexibility 

in managing their work force. 

{3) Annual report The amount of 

information that is required to be 

submitted aMually to EPA baa been 

reduced. A mine owner or operator must 

submit an aMual certification of 

compliance with the final rule. Records 

of the number and volumes of 

abandoned and temporarily abandoned areas. the number of bulkheads 

maintained, and an estimate of the 

average amount of air in the bulkheaded orcas which is exhausted per day must 

be kept at the mine. Annual submissiort 

of this Information was required In the 

proposed rule. 

D. Definitions 

Based on public comments. several 

definitions were modified in the final 

rule. 

(1) The definitions of "abandoned 

mine area" and "temporarily abandoned 

mine area·• have been modified to 

exempt not only those oreas which 

function as escapeways. but also areas formerly-uaeii as lunchrooms. shops, 

and transformer or pumping stations. 

These areas have been exempted 

because they are nonproduction areas 

which have low radon-222 emanation 

rates. In addition. the exemption for 

ventilation passageways Is now limited 

to ventilation passageways designed to 

minimize the distance to vents and no longer allows Iorge mined-out areas to 

function as ventilation passageways. 

Exempting these areas from the 

bulkheading requirements would limit 

the amount of radon-222 emission 

reduction achieved by the standard. In 

particular, the Agency wants to ensure that new mines are designed to avoid 

this practice .. (2) The definition of "active mine" has 

been modified to include only those 

mines in which ore or waste material are currently removed by conventional 

methods. This change was made to exempt slope leaching which does not 

require workers to enter the mine, 

except in rare instances. 

(3) A definition of "work" has been 

added to clarify the intent of the 

standard. For the purposes of the 

standard, "work" means mining activity 

done in the usual and ordinary course of 

developing and operating an underground uranium mine. 

VI. Effects of the Fi.aal Standard 

The deadline imposed by the District 

Court requires the Agency to promulgate a standard for underground uranium 

mines based only on the currently 

available technical information. An 

accurate estimate of the radon-222 

emission reduction achieved by the 

standard cannot be made with existing 

Information. The bulkheading 

requirements of the rule are expected to 

result In a decline ln individual and 

population risks as emissions of radon222 are reduced. Though the maximum 

Individual risk in particular hae not been 

reduced to levels EPA bas selected in 

other standards. the very short time . available for developing this rule. and 

the possibility that any reduction In risk . to the general population might be · 

achievable only by increasing the risk to 

miners. make it impossible to impose 

further controls at this time. EPA will 

continue to Investigate this m11tter to 

determine the possibility of tightening 

controls in the futl11'1!. Since most mines 

already install bulkheads to reduce 

ventilation requirements, It is not 

possible to estimate the incremental 

radon-222 emission reduction achieved 

by the standard. EPA intends to gather 

additional information on the extent and 

nature of existing bulkheading practices 

and the efficacy of the standards. 

Further. the cost of the staqdard can only be generally estimated. Because we do not know the extent of present 

bulkheading practices or what 

additional bulkheading is practical, we cannot precisely estimate the coat to 

meet this standard. Limited modelling analysis shows that the coat of installing 

bulkheads ranges from about one to five 

cents per pound of uranium oxide 

produced. Based on the peak production 

year. the total cost to the industry could 

range from $200,000 to $1.000,000 per 

year. Cost to the total industry in the 

first year is estimated to range from 

$30,000 to $150,000. Even if these costs are significantly Wlderestimated for 

some mines. it is highly Wllikely that the 

cost of the standard would exceed one percent of the cost of producing uranium 

oxide. 

EPA intends to begin long-term 

studies. as necessary. to more thoroughly determine the efficiency and 

cost of bulkheads and other techniques 

for decreasing radon-222 emissions to 

the above ground air from underground 

uranium mines. Such a study would 

examine ways to reduce air emissions 

further without increasing potential 

exposure to miners. The results of a 

study may lead to some modification of 

the Agency's standard. 

VII. Miscellaneous 

A. Docket 

The docket is an organized and 

complete file of all information 

considered by EPA in the development 

of this standard. The docket allows 

interested persons to Identify and locate 

documents so they can effectively 

participate In the rulemaking process. It 

also serves aa the record for judicial 

review. Transcripts of the hearings, all 

written statements. and other relevant 

documents are placed ln the docket and are available for lnapection and copying 

during normal working hours. 

B. General Provisions 

The general provisions of 40 CFR Part 

61, subpart A apply to all sources 

regulated by this rule. 

C. State Implementation and 

Enforcement of Emission Standards 

D. Communications 

Communications with the 

Administrator regarding the reporting 

and recordkeeping requirements of this 

rule. as well as requests for waivers, 

shall follow the provisions of 161.10, 

except as otherwise noted In this rule. 

E. Executive Order 12291 

Under Executive Order 12291, issued 

February 17, 1981, EPA must Judge 

whether a rule Is a "inajor rule" and. 

therefore. requires that a Regulatory 

Impact Analysis be prepared. EPA has 

determined that this rule is not a major 

rule as defined In section 1(b) of the 

Executive Order because the aMual 

effect of the rule on the economy will be 

less than $100 million. Also. it will not cause a major increase in costs or prices 

for any sector of the economy or for any 
15392 Federal Register I Vol. 50, No. 74 I Wednesday, April 17, 1985 I Rules and Regulations 

geographic region. Further, it will not 

result in any significant adverse effects 

on competition, employmeni. 

investment, productivity, innovation, or 

the ability of United States enterprises 

to compete with foreign enterprises in 

domestic or foreign markets. Under 

Executive Order 12291, this rule was 

submitted to the Office of Management 

!lnd Budget (OMB) for review. Any 

written comments from OMB to EPA, 

and responses to those comments, are 

included in the docket. 

F. Paperwork Reduction Act 

The information collection 

requirements contained in this rule have 

been approved by OMB under the 

provisions of the Paperwork Reduction 

Act of 1980, 44 U.S.C. 3501 et seq. and 

have been assigned OMB control 

number 2060-{)115. 

G. Regulatory Flexibility Analysis 

Section 603 of the Regulatory 

Flexibility Act, 5 U.S.C. 603, requ.ires 

EPA to prepare and make available for 

comment an "initial regulatory 

flexibility analysis" in connection with 

any rulemaking for which there is a 

statutory requirement that a general 

notice of proposed rulemaking be 

published. The "initial regulatory 

analysis" describes the effect of the 

proposed rule on small business entities. 

However, section 604(b) of the 

Regulatory Flexibility Act provides that 

section 603 "shall not apply to any 

proposed . . . rule if the .head of the 

Agency certifies that the rule will not, if 

promulgated. have a significant 

economic impact on a substantial 

number of small entities." 

EPA believes this final rule will have 

little or no impact on small business 

because the total costs associated with 

the standard will have relatively little 

impact on the total cost of producing 

uranium oxide. In addition. the standard 

will apply only to large, operating 

underground uranium mines. 

For the preceding reasons, I certify 

that this rule; will not have significant 

economic impact on a substantial 

number of small entities. 

H. Judicial Review 

Judicial review of these standards is 

available only by filing a petition for 

review in the United States Court of 

Appeals for the District of Columbia 

Circuit within 60 days of today's 

publication date. The requirements 

established in this notice may not be 

challenged later in civil or criminal 

proceedings brought by EPA to enforce 

them. 

List of Subjects in 40 CFR Part 61 

Air pollution control, Hazardous 

materials, Asbestos, Beryllium, Mercury, 

Vinyl chloride, Benzene, Arsenic. 

Radionuclides. 

Dated: April10, 1985. 

Lee M. Thomas, 

Administrator. 

Part 61 of Chapter 1 of Title 40 of the 

Code of Federal Regulations is amended 

by adding the following Subpart B 

consisting of § § 61.20 througll 61.28: 

PART 61-(AMENDEDJ 

SubPart 8-Natlonal Emlaalon Standard for 

Radon-222 Emissions trom Underground 

Uranium Mines 

Sec. 

61.20 Applicability. 

61.21 Definitions. 

61.22 Standard. 

61.23 Alternatives Standard. 

61.24 Bulkhead Inspection and Testing. 

61.25 Bulkhead Repair. 61.26 Recordkeeping. 

61.27 Reporting Requirements. 

61.28 Source Reporting and Waiver Request. 

Authority: Sec. 112 and 301(a) Clean Air 

Act, as amended, 42 U.S.C. 7412. 7601(a). 

Subpart B-NaUonal Em188lon 

Standard for Radon-222 E'ml88lona 

from Underground Uranium Mines 

§ 61.20 Applicability. 

The provisions of this subpart are 

applicable to an owner or o'*'rator of an 

active underground uranium Imine 

which: . 

(a) Has miried or will mine over 

100,000 tons of ore during th~ life of the 

mine; or 

(b) Has had or will have an annual ore 

production rate greater than 10,000 tons, 

unless it can be demonstrate;d that the 

mine will not exceed a total ore 

production of 100,000 tons during the life 

of the mine. 

§ 61.21 Deflnltlona. 

AJj used in this subpart. all terms not 

defined here shall have the meaning 

given them in the Clean Air Act or in 

subpart A of Part 61 and the following 

tennt~ shall have the specific! meanings 

given below: 

(a) "Abandoned area" means a 

deserted mine area in whichJwork has 

ceased and in which further rork is not 

intended. Areas which function as 

escapeway&, and areas form:erly-used aa 

lunchrooms, shops, and transfonner or 

pumping stations are not cortsidered 

abandoned areas: Except for designated 

ventilatjon passageways de~lgned to 

minimize the distance to verlts. worked· 

out mine areas are considered 

abandoned areas for the purpose of this 

subpart. 

(b) "Active mine" means an 

underground uranium mfne from which 

ore or waste material is currently 

removed by conventional methods. 

(c) "Area" means a man-made 

underground void from which ore or· 

waste has been removed. 

(d) "Bulkhead:' means an airrestraining barrier constructed for longterm control of radon-222 and radon-222 

decay product levels in mine air. 

(e) "Inactive mine" is a mine from 

which uranium ore has been previously 

removed but which is not an active mine 

as of the effecUve date o!.lhe standard. 

Inactive mines which become active 

mines after the effective d&te uf the 

standard are considered new sources 

under the provisions of subparts A and 

B of this part. 

(0 "Modification" as applied to an 

active underground uranium mine 

means any major change in the method 

of operation or mining procedure which 

will result in an increase in the amount 

of radon-222 emitted to air. The normal 

development or operation of an active 

mine, even though it results in an 

increase in emissions, is not considered 

a modification for the purposes of this 

subpart. 

(g) "Temporarily abandoned area" 

means a mine area in which further 

work is not intended for at least six 

months. Areas which function as 

escapeways. fonnerly-used lunchrooms, 

shops. and transformer or pumping 

stations are not considered abandoned 

areas. Except for designated ventilation 

passageways designed to minimize the 

distance to vents, worked·out mine 

areas are considered temporarily 

abandoned areas for the purpose of this 

sub.part if work is not intended in the 

area (or at least aix months. 

(h) "Underground uranium mine" 

means a man-made underground 

excavation made for the purpose of 

removing material containing uranium 

for the principal purpose of recovering 

uranium. 

(i) "Work" means mining activity 

done in the usual and ordinal'Y. course of 

developing and operating a mine. 

§ 61.22 Standard. 

(a) An owner or operator of an 

underground uranium mine subject to 

ibis subpart shall install and maintain 

bulkheads to isolate all abandOGed and 

temporarily abandoned areas according 

to the following requirements: 

(1) The bulkhead shall be a structure 

designed and constructed for long-term 

control of the isolated area and shall be 

sealed to minimize air leakage through 
Federal Register I Vol. 50, No. 74 I Wednesday. April 17, 1985 I Rules· and Regulations 15393 

the bulkhead. The bulkhead shall be of 

sufficient structural strength to resist 

mechancial abuse, blasting shocks. air 

pressure differentials, and rock 

movement for an extended period of 

time in the mine-operating environment. 

The basic bulkhead structure may 

consist of a timber or metal stud frame, 

covered with lumber, expanded metal 

lath, plywood, or other sheet products. It 

may be a continuous nonporous 

membrane or it may support such a 

membrane. A sealant shall be applied 

onto the basic structure and in the joints 

between the structure and the rock to 

form a continuous seal and radon 

barrier. The sealant shall be of a type 

that will provide a protective seal, and 

will not easily crack or develop holes or leaks. A sealant may consist of coatings 

of mortar, masonry, latex, uretane foam, or similar materials. A properly 

constructed and sealed bulkhead shall 

have no visible cracks or gaps. 

(2) If negative pressure behind the 

bulkhead is used, then a maxim 11m of 20 

percent of the total volume of air 

contained in the isolated area can be 

exhausted per day. 

(3) As mine areas become abandoned 

or temporarily abandoned after the. applicable date of this standard, the 

mine owner or operator must install a · 

bulkhead in compliance with the 

provisions of§ 61.22(a) within 30 days of 

the area becoming abandoned or temporarily abandoned. 

(b} Upon written application from an owner or operator of an underground 

uranium mine subject to this subpart, 

the .Administrator may approve 

alternative bulkhead designs or construction, or other methods for 

iaolating abandoned or temporarily 

abandoned areas. if such alternatives can be shown to provide isolation of the area equivalent to the requirements of 

§ 61.22(a)(1}. 

§ 61.23 Alternative Standard. 

(a) If compliance with the 

requirements of§ 61.22 will result in 

increased radon-222 decay product 

concentrations in the active areas of the 

mine, will require workers to enter 

unsafe areas, or will otherwise be 

impractical to achieve because of unique or unusual circumstances. then the owner or operator of an existing source (i.e., existing active mine) may apply to 

the Administrator for an alternative 

standard. The Administrator may 

establish an alternative standard if the ~pplicant demonstrates that an alternative is necessary to provide for 

the health and safety of the workers and 

will minimize the exposure or nearby 

individuals and the general population 

to radon-2~ decay products, to the 

extent practical. Applications for an alternative standard shall be made 

within 90 days of the effective date of 

the standard and include the following 

information: . (1) The reasons for requesting an alternative: 

(2) A description of the alternative 

requested: 

(3) A description of all measures that 

have been taken or will be taken by the 

mine owner or operator to minimize the 

exposure of nearby individuals and the 

general population to radon-222 decay 

products, to the extent practical. 

(4) A schedule for complying with the 

alternative standard. 

(b) An inactive mine which again 

becomes active may request an alternative standard under§ 61.23(a). 

Application for an alternativ.e standard 

must be submitted as part of an application for approval of construction or modification as required under· § 61.07. 

(c) Requests for an alternative 

standard shall be sent to the Assistant 

Administrator for Air and Radiation (ANR-443), U.S. Environmental · 

Protection Agency, 401 M Street, SW .. Washington, D.C. 20460. 

§ 61.24 Bulkhead Inspection and Testing. 

An owner or operator of an · 

underground mine subject to the 

requirements of § 61.22 shall conduct the 

following bulkhead Inspections and 

tests: 

(a) A visual inspection of the 

condition of each bulkhead required 

under § 61.22(a) shall be conducted 

every three months by a qu~ ified representative of the mine owner or operator to determine if, in his or her 

judgment, the integrity of the bulkhead 

is in compliance with the requirements 

of § 61.22(a)(1). A record of each 

inspection shall be made in accordance 

with the requirements of § 61.26. 

(b) For bulkheaded areas m'intained 

under negative pressure, measurement 

of the air exhaust rate fromlthe area 

shall be made at least evel'}( three 

months to determine compl~ance with 

the requirement of§ 61.22(a~(2). A 

record of each exhaust rate 

measurement shall be made in 

accordance with the requirements of 

§ 61.26. ' 

(c) Upon written applica4on from an owner or operator of an underground 

uranium mine subject to thi~ subpart, 

the Administrator may approve 

alternative testing and inspection 

procedures if such altemat~ve 

procedures can be shown to provide 

reasonable assurance that the mine is in 

compliance with the requirements of 

§ 61.22(a). 

§ 61.25 Bulkhead Repair. 

Bulkheads determined not to be in 

compliance with the requirements of 

§ 61 .22(a) during inspections required 

under § 61.24 shall be repaired within 

ten days in accordance with the 

requirements of§ 61.22(a) 

§ & 1.26 Rec:ordkeeplng. 

Records of inspections and tests 

required under § 61.24 shall be 

maintained as described below. These 

records shall include a bulkhead 

identification number and location and 

the date of each inspection or test. 

(a) The results of each inspection 

required under§ 61.24(a) shall be 

recorded as follows: 

(1) A description of the condition of 

the bulkhead including identification of 

any damage and the extent of damages. 

(2) A determination that the bulkhead 

Is in compliance with the specifications 

of§ 61.22(a) or that repairs are needed. 

(b) A record shall be maintained for 

each bulkhead repaired under the 

requirements of§ 61.25. 

(c) A record shall be maintained for 

each air flow rate measurement 

conducted under the requirements of 

§ 61.24(b). These records shall show the 

results of each test and the method used. 

The percent of the total air volume 

behind the bulkheaded area which is 

exhausted per day at the measured flow 

rate shall be recorded. 

(d) Records of Inspections and tests 

shall be maintained at the mine and 

made available for inspection and 

copying by the Administrator for a minimum of two years. 

(e) A current map or schematic of the 

mine showing the lo_cation of each 

bulkhead required under § 61.22{a) and 

the approximate air volume of the 

isolated area shall be maintained. Each 

bulkhead shall be assigned an identification number which shall be 

used in inspections and tests, and the 

reporting requirements of § § 61.24 and 

61.26. This map shall be kept.at the mine 

and be made available for review by the 

Administrator. 

(Approved by the Office of Management and 

Budget under the control number 2000-0115) 

§ 61.27 Reporting Requirements. 

(a) An owner or operator of an underground uranium mine subject to 

the requirements of this subpart shall 

submit a certification to the 

Administrator by March 1, 1986, and 

annually thereafter. This certification 

shall be based on information and data 

concerning the calendar year 

immediately preceding the required data 

for submission of the certification and 

shall consist of a statement that the 
15394 Federal Register I Vol. 50, No. 74 I Wednesday, April 17, 198S i Rules and Regulations 

bulkheading requirements of § 61.22(a) 

or any alternative standard established 

under §61.23 have been implemented. 

(b) If a waiver of compliance is 

granted, this certification is to be 

submitted on a date scheduled by the 

Administrator. 

(Approved by the Office of Management and 

Budget under control number 206(H)115) 

§ 81.28 Source Reporting and W81ver 

Request. 

(a) The owner or operator of any 

existing source, or any new source to 

which a standard prescribed under this 

subpart is applicable which had an 

initial startup which preceded the 

effective date of a standard prescribed 

under this subpart shall, within 90 days 

after the effective date, provide the 

following information in writing to the 

Administrator: 

(1) Name and address of the owner or 

operator: 

(2) The location of the source: 

(3) A brief description of the nature, 

size, design, and method of operation of 

the mine including: (i) current or 

expected annual ore production rates, 

(ii) current cumulative ore production, 

(iii) expected cumulative ore production 

over the life of mine: 

(4) The number of abandoned and 

temporarily abandoned areas in the 

mine and the number of these areas 

which are isolated by bulkheads: and 

(S) A statement by the owner or 

operator of the source as to whether he 

can comply with the standard 

prescribed in this subpart within 90 days 

of the effective date. 

(b) An owner or operator of an 

existing underground uranium mine (i.e .• 

existing source) unable to op~rate in 

compliance with the standard 

prescribed under this subpart or lacking 

sufficient information to apply for an 

alternative standard within 90 days of 

the effective date of the standard may 

request a waiver of compliance with 

such standard for a period not 

exceeding two years from the effective 

date. Any request shall be in writing and 

shall include the following information: 

(1) The reasons for requesting the 

waiver; 

(2) A schedule for achieving 

compliance with the standard, or if 

applicable, the alternative standard, 

including the steps which will be taken 

to come into compliance including a 

date by which each step will be 

achieved: and 

(3) Interim emission control steps will 

be taken during the waiver period. 

(c) Changes in the information 

provided under paragraph (a) of this 

section shall be provided to the 

Administrator within 30 days after such 

change, except that if changes will result 

from modification of the source, as 

defined In § § 61.02, the provisions of 

§ 61.07 and 61.08 are applicable. 

(FR Doc. BS-9200 Filed 4-16-85; 8:45am! 

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