Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-6 - Definitions applicable solely to criteria listed in 10 CFR Part 40, Appendix A

Current through July 13, 2024
The following definitions apply only to criteria listed in 10
				  C.F.R. Part 40, Appendix A which outline the operation of Uranium Mills and
				  disposition of tailings or wastes produced by the extraction or concentration
				  of source material from ores processed primarily for their source material
				  content.
(a) "Aquifer" means a
				geological formation, group of formations, or part of a formation capable of
				yielding a significant amount of groundwater to wells or springs. Any saturated
				zone created by uranium or thorium recovery operations would not be considered
				an aquifer unless the zone is potentially (1) hydraulically interconnected to a
				natural aquifer, (2) capable of discharge to surface water, or (3) reasonably
				accessible because of migration beyond the vertical projection of the boundary
				of the land transferred for long-term government ownership and care in
				accordance with 10 C.F.R. Part 40, Appendix A Criterion 11.
(b) "As expeditiously as practicable
				considering technological feasibility" for the purpose of 10 C.F.R. Part 40,
				Appendix A, Criterion 6A, means as quickly as possible considering: the
				physical characteristics of the tailings and the site; the limits of available
				technology, the need for consistency with the mandatory requirements of other
				regulatory programs, and factors beyond the control of the licensee. The phrase
				permits consideration of cost of compliance only to the extent specifically
				provided for by use of the term "available technology".
(c) "Available Technology" means technologies
				and methods for emplacing a final radon barrier on uranium mill tailings piles
				or impoundments. This term shall not be construed to include extraordinary
				measures or techniques that would impose costs that are grossly excessive as
				measured by practice within the industry (or one that is reasonably analogous),
				(such as, by way of illustration only, unreasonable over time, staffing, or
				transportation requirements, etc., considering normal practice in the industry;
				laser fusion of soil, etc.), provided there is reasonable progress toward
				emplacement of the final radon barrier. To determine grossly excessive costs,
				the relevant baseline against which costs shall be compared is the cost
				estimate for tailings impoundment closure contained in the licensee's approved
				reclamation plan, but costs beyond these estimates shall not automatically be
				considered grossly excessive.
(d)
				"Closure" means the activities following operations to decontaminate and
				decommission the buildings and site used to produce byproduct materials and
				reclaim the tailings and/or waste disposal area.
(e) "Closure Plan" means the Commission
				approved plan to accomplish closure.
(f) "Compliance Period" begins when the
				Commission sets secondary ground-water protection standards and ends when the
				owner or operator's license is terminated and the site is transferred to the
				State or Federal agency for long-term care.
(g) "Dike" means an embankment or ridge of
				either natural or man-made materials used to prevent the movement of liquids,
				sludges, solids, or other materials.
(h) "Disposal Area" means the area containing
				byproduct material to which the requirements of 10 C.F.R. Part 40, Appendix A,
				Criterion 6 apply.
(i) "Existing
				Portion" means the land surface area of an existing surface impoundment on
				which significant quantities of uranium or thorium byproduct materials had been
				placed prior to September 30, 1983.
(j) "Factors Beyond the Control of the
				Licensee" means factors proximately causing delay in meeting the schedule in
				the applicable reclamation plan for the timely emplacement of the final radon
				barrier notwithstanding the good faith efforts of the licensee to complete the
				barrier in compliance with paragraph (1) of 10 C.F.R. Part 40, Appendix A,
				Criterion 6A. These factors may include but are not limited to:
(i) Physical conditions at the
				site;
(ii) Inclement weather or
				climate conditions;
(iii) An act of
				God;
(iv) An act of war;
(v) A judicial or administrative order or
				decision, or change to the statutory, regulatory, or other legal requirements
				applicable to the licensee's facility that would preclude or delay the
				performance of activities required for compliance;
(vi) Labor disturbances;
(vii) Any modifications, cessation or delay
				ordered by State, Federal, or local agencies;
(viii) Delays beyond the time reasonably
				required in obtaining necessary government permits, licenses, approvals, or
				consent for activities described in the reclamation plan proposed by the
				licensee that result from agency failure to take final action after the
				licensee has made a good faith, timely effort to submit legally sufficient
				applications, responses to request (including relevant data requested by the
				agencies), or other information, including approval of the reclamation plan;
				and
(ix) An act or omission of any
				third party over whom the licensee has no control.