ML20140C355

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Provides Statement Re Scope of NRC Regulation of in Situ Leach Facilities,Per Request
ML20140C355
Person / Time
Issue date: 06/01/1997
From: Joseph Holonich
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Garland K
NEW MEXICO, STATE OF
References
REF-WM-3 NUDOCS 9706090222
Download: ML20140C355 (2)


Text

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WASHINGTON, D.C. 20555-0001 June 01, 1997 Dr. Kathleen A. Garland, Director Energy, Minerals and Natural Resources Department Mining and Minerals Division Mining Act Reclamation Bureau 2040 South Pacheco Street Santa Fe, New Mexico 87505

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION AUTHORITY FOR IN SITU LEACH FACILITIES

Dear Dr. Garland:

By letter dated April 15, 1997, Hydro Resources, Inc. (HRI) requested that the U.S. Nuclear Regulatory Commission provide you with a statement concerning the scope of NRC regulation of in situ leach (ISL) facilities. The purpose of this letter is to provide you with that information.

Essentially, the NRC has responsibility for the regulation of both the uranium extraction and consolidation aspects of ISL facilities. This includes groundwater protection during mining operations, as well as restoration following mining activities. NRC is also responsible for the protection of public health and safety from radiological aspects of the uranium recovery operations at ISL surface facilities.

In addition, it regulates the decommissioning of these facilities once they are removed from service.

The NRC regulatory authority over ISL operations comes from the long-exercised licensing jurisdiction granted NRC under the Atomic Energy Act (AEA) of 1954, as amended. Through the AEA, NRC was given responsibility at ISLs for:

I) byproduct material generated as part of uranium recovery operations;

2) potential contamination of groundwater; and 3) surface activities such as the consolidation of the extracted uranium, decommissioning of facilities, and reclamation of the site.

Under the National Environmental Policy Act the NRC is required to minimize, to the extent practical, adverse impacts from the operation of ISL facilities.

Activities covered under this include such things as the environmental impacts from the construction of holding ponds, or the development and operation of wellfields.

And finally, the NRC has jurisdiction over the non-radiological aspects of groundwater contamination from the ISL operation by virtue of the Uran 6. F,ill Tailings Radiation Control Act (UMTRCA) of 1978. UMTRCA also reenforces h?.C authority to regulate the groundwater aspects of ISL operations on the basis that the underground process wastes, excluding the mined ore f

body, are byproduct niaterial subject to NRC regulation, l}f(!'

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K. Garland.

I hope this letter provides you with the information you need.

If you have any questions, please feel free to contact the NRC Project Manager, Mr. Robert Carlson. Mr. Carlson can be reached at (301) 415-8165.

Sincerely, ORIGINAL SIGNED BY Joseph J. Holonich, Chief Uranium Recovery Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards cc:

R. Clement, HRI Holland Shepherd, NM Energy, Minerals, and Natural Resources Department i

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