Regulatory Framework
UMTRCA Title I Disposal and Processing Sites (Regulatory Drivers)
For Uranium Mill Tailings Radiation Control Act (UMTRCA) Title I disposal sites managed by the Office of Legacy Management (LM), the U.S. Department of Energy (DOE) becomes a licensee to the U.S. Nuclear Regulatory Commission (NRC). Inspection, reporting, and record-keeping requirements are defined in Title 10 Code of Federal Regulations (CFR) Part 40.27, "General License for Custody and Long-Term Care of Residual Radioactive Material Disposal Sites." The general license for long-term custody is indefinite in duration. Usually, title for the land is assigned to an agency of the federal government, and the land is administratively withdrawn from unrestricted public use. Sites located on tribal land revert to tribal control, and DOE obtains a site access agreement with the tribe that allows DOE to fulfill its custodial responsibilities.
Title I of UMTRCA designated 22 inactive uranium ore-processing sites for remediation. Remediation of these sites resulted in the creation of 19 disposal cells that contain encapsulated uranium mill tailings and associated contaminated material. Approximately 40 million cubic yards of low-level radioactive material is contained in engineered UMTRCA Title I disposal cells.
Residual radioactive material was moved from some of the Title I processing sites to off-site disposal locations. NRC does not require a license for remediated processing sites that do not have disposal cells, but NRC is the regulator if contaminated groundwater remains. Groundwater compliance action plans, with compliance strategies that range from natural flushing to active remediation, have been or are being developed by DOE for processing sites that have contaminated groundwater. These plans require approval by NRC and concurrence by the state and Native American tribe (when applicable). To date, ground water remedies have been approved and implemented at several former uranium ore–processing sites.
Standards for UMTRCA remedial action, cell performance, and groundwater quality are established by the U.S. Environmental Protection Agency (EPA) in 40 CFR 192, "Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings." Upon NRC concurrence that remedial action has been completed and acceptance of the site-specific long-term surveillance plan, each disposal site comes under the general license for long-term care by DOE. If groundwater at a particular site was contaminated by former site activities, NRC will accept only the surface improvements under the general license; the site will not be fully licensed until groundwater quality meets the applicable regulations. The NRC license mandates annual inspections of the disposal cells.
All but one of the Title I disposal sites are under the general license. A portion of the cell at the Grand Junction, Colorado, Disposal Site will be left open to receive additional contaminated materials and is managed by LM.
LM currently manages the following Title I disposal and processing sites:
Ambrosia Lake, New Mexico, Disposal Site
Burrell, Pennsylvania, Disposal Site
Canonsburg, Pennsylvania, Disposal Site
Durango, Colorado, Disposal Site
Durango, Colorado, Processing Site
Falls City, Texas, Disposal Site
Grand Junction, Colorado, Disposal Site
Grand Junction, Colorado, Processing Site
Green River, Utah, Disposal Site
Gunnison, Colorado, Disposal Site
Gunnison, Colorado, Processing Site
Lakeview, Oregon, Disposal Site
Lakeview, Oregon, Processing Site
Lowman, Idaho, Disposal Site
Maybell, Colorado, Disposal Site
Mexican Hat, Utah, Disposal Site
Monument Valley, Arizona, Processing Site
Naturita, Colorado, Disposal Site
Naturita, Colorado, Processing Site
Rifle, Colorado, Disposal Site
Rifle, Colorado, New Processing Site
Rifle, Colorado, Old Processing Site
Riverton, Wyoming, Processing Site
Salt Lake City, Utah, Disposal Site
Salt Lake City, Utah, Processing Site
Shiprock, New Mexico, Disposal Site
Slick Rock, Colorado, Disposal Site
Slick Rock, Colorado, Processing Sites
Spook, Wyoming, Disposal Site
Tuba City, Arizona, Disposal Site
UMTRCA Title II Disposal Sites (Regulatory Drivers)
Uranium processing sites addressed by Title II of the Uranium Mill Tailings Radiation Control Act (UMTRCA) were active when the act was passed in 1978. These sites were commercially owned and regulated under a U.S. Nuclear Regulatory Commission (NRC) license. For license termination, the owner conducts an NRC-approved reclamation of any on-site radioactive waste remaining from uranium ore-processing operations. The site owner also ensures full funding for inspections and, if necessary, ongoing maintenance. DOE then accepts title to a site for long-term custody and care. DOE administers Title II sites under the provisions of a general NRC license granted under Title 10 Code of Federal Regulations Part 40.28, "General License for Custody and Long-Term Care of Uranium or Thorium Byproduct Materials Disposal Sites."
LM currently manages six UMTRCA Title II sites. The number will increase as ongoing site reclamations are completed. Ultimately, LM may manage as many as 27 UMTRCA Title II sites.
LM currently manages the following Title II disposal sites:
Bluewater, New Mexico, Disposal Site
Edgemont, South Dakota, Disposal Site
L-Bar, New Mexico, Disposal Site
Maybell West, Colorado, Disposal Site
Sherwood, Washington, Disposal Site
Shirley Basin South, Wyoming, Disposal Site
FUSRAP Sites
DOE established the Formerly Utilized Sites Remedial Action Program (FUSRAP) in 1974 to remediate sites where radioactive contamination remained from Manhattan Project and early U.S. Atomic Energy Commission (AEC) operations. DOE assessed more than 600 candidate facilities and determined that 46 sites required remediation. DOE remediated 25 sites by 1997; thereafter, the U.S. Congress directed the U.S. Army Corps of Engineers (USACE) to remediate the remaining 21 designated FUSRAP sites. Remediation of FUSRAP sites follows Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) protocols. In April 2009, one site was returned to the USACE for further assessment and characterization.
In 1999, DOE negotiated a Memorandum of Understanding
with USACE to transfer responsibility for FUSRAP sites to DOE for long-term care 2 years after remedial action has been completed. Remediated sites become LM's responsibility.
LM currently manages the following 29 FUSRAP sites:
Acid/Pueblo Canyon, New Mexico, Site
Adrian, Michigan, Site
Albany, Oregon, Site
Aliquippa, Pennsylvania, Site
Bayo Canyon, New Mexico, Site
Berkeley, California, Site
Beverly, Massachusetts, Site
Buffalo, New York, Site
Chicago North, Illinois, Site
Chicago South, Illinois, Site
Chupadera Mesa, New Mexico, Site
Columbus East, Ohio, Site
Fairfield, Ohio, Site
Granite City, Illinois, Site
Hamilton, Ohio, Site
Indian Orchard, Massachusetts, Site
Jersey City, New Jersey, Site
Madison, Illinois, Site
Middlesex North, New Jersey, Site
New Brunswick, New Jersey, Site
New York, New York, Site
Niagara Falls Vicinity Properties, New York, Site
Oak Ridge, Tennessee, Warehouses Site
Oxford, Ohio, Site
Seymour, Connecticut, Site
Springdale, Pennsylvania, Site
Toledo, Ohio, Site
Tonawanda North, New York, Site, Units 1 and 2
Wayne, New Jersey, Site
The following sites are owned by DOE and are undergoing remediation by USACE:
Colonie, New York, Site
Maywood, New Jersey, Site
Middlesex Sampling Plant, New Jersey, Site
Niagara Falls Storage Site, New York
For more information, visit the LM FUSRAP webpage.
D&D Sites
For sites in the DOE Defense Decontamination and Decommissioning (D&D) Program, the Office of Legacy Management (LM) ensures compliance with DOE Order 5400.1, General Environmental Protection Program and Order 5400.5, Radiation Protection of the Public and the Environment. DOE Order 5400.1 stipulates that DOE will comply with applicable federal, state, and local environmental protection laws and regulations, executive orders, and internal DOE policies.
LM currently manages five D&D Program sites: Piqua, Ohio; Hallam, Nebraska; Site A/Plot M located near Chicago, Illinois; the Grand Junction, Colorado, Site; and the decommissioned Boiling Nuclear Superheater (BONUS) research reactor in Rincón, Puerto Rico. BONUS is a U.S. Atomic Energy Commission–constructed and entombed reactor managed under a program similar to the one used for the Piqua and Hallam reactors.
Nevada Offsites
Underground nuclear testing activities were conducted at sites in five states for various purposes, including stimulating natural gas production and cataloging seismic detonation signatures. The Nevada Offsites refers to the sites where underground nuclear tests and experiments were performed outside of the Nevada Test Site.
The Nevada Offsites include the Salmon Site in Mississippi, the Chariot and Amchitka sites in Alaska, the Rulison and Rio Blanco sites in Colorado, the Gasbuggy and Gnome-Coach sites in New Mexico, and the Shoal site and Central Nevada Test Area in Nevada. The DOE Office of Legacy Management assumed responsibility for all activities associated with subsurface completion and long-term surveillance and maintenance at these sites on October 1, 2006. Long-term monitoring activities consist primarily of ensuring that use restrictions remain in force and maintaining site integrity to protect public health and the environment.
The Mississippi Department of Environmental Quality and the Mississippi Department of Health under the Voluntary Evaluation Program are the regulatory consultants for the Salmon Site. The Alaska Department of Environmental Conservation under the Alaska Contaminated Sites Voluntary Cleanup Program is the regulatory consultant for the Amchitka Site. The regulatory oversight process in Colorado involves collaboration with two branches of state government: the Colorado Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission. The two New Mexico sites are overseen by the New Mexico Environment Department under the New Mexico Voluntary Remediation Program. The two Nevada sites are under the regulatory authority of a Federal Facility Agreement Consent Order administered by the Nevada Department of Environmental Protection.
CERCLA/RCRA Sites
The Office of Legacy Management (LM) currently manages seven sites where remediation was conducted in accordance with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and/or Resource Conservation and Recovery Act (RCRA) regulations. These sites were radiologically and/or chemically contaminated by federal milling, processing, research, and/or weapons manufacturing operations.
CERCLA was enacted by Congress on December 11, 1980, to enforce cleanup and reporting requirements on contaminated property. RCRA was enacted by Congress on October 21, 1976, to govern the disposal of solid and hazardous waste.
LM manages the following CERCLA/RCRA sites:
Fernald [Preserve], Ohio, Site
Laboratory for Energy-Related Health Research, California, Site
Maxey Flats, Kentucky, Site
Monticello, Utah, Disposal and Processing Sites
Pinellas [County], Florida, Site
Rocky Flats, Colorado, Site
Weldon Spring, Missouri, Site
LM assumed operational responsibility for the former weapons-related production site at Mound in Ohio on October 1, 2010.
NWPA Section 151 Site
Certain sites with low-level radioactive contamination remediated by the owner under the U.S. Nuclear Regulatory Commission (NRC) Site Decommissioning Management Program can be transferred to the Federal Government under Section 151 of the Nuclear Waste Policy Act (NWPA). NRC will terminate the site license only after concurring with the implemented remedial action, determining that the owner has obtained approval of DOE to accept responsibility for the site, and ensuring future funding for long-term surveillance and maintenance.
Only one NWPA Section 151 site, the Parkersburg, West Virginia, Disposal Site, has been transferred to DOE and is managed by the Office of Legacy Management.
Other
The Office of Legacy Management is responsible for records management and stakeholder support of the following remediated sites:
Inhalation Toxicology Laboratory (ITL)
Missouri University Research Reactor, Missouri, Site
Geothermal Test Facility, California, Site
General Atomics Hot Cell Facility, California, Site
Oxnard, California, Site
Inhalation Toxicology Laboratory (ITL) – Investigation and remediation of hazardous materials at ITL was conducted according to provisions of the Resource Conservation and Recovery Act as administered by New Mexico Environment Department (NMED). Investigation and remediation of radiological contaminants followed requirements of the Atomic Energy Act of 1954, as amended (Title 42 United States Code Section 2011 et seq.); DOE Orders 5400.5, Radiation Protection of the Public and Environment, and 435.1, Radioactive Waste Management; and U.S. Nuclear Regulatory Guide 1.86, Termination of Operating Licenses for Nuclear Reactors. Groundwater monitoring and reporting are conducted according to Discharge Permit No. 519, renewed on December 26, 2008, in accordance with the NMED Water Quality Act regulations. Sample results are compared with the applicable New Mexico Water Quality Control Commission standards.
Missouri University Research Reactor Site – Activities involving radioactive materials used in the Transuranic Management by Pyropartitioning Separation Project were managed under a reactor license issued by the U.S. Nuclear Regulatory Commission (NRC) for Missouri University Research Reactor (MURR). MURR’s NRC materials license imposed additional requirements regarding security of special nuclear materials and emergency response. The Federal Facility Compliance Act of 1992 (Public Law 102-386) required DOE to prepare a proposed Site Treatment Plan describing DOE’s course of action for storing and treating mixed waste in compliance with state and federal regulations. The proposed Site Treatment Plan also had to meet state or U.S. Environmental Protection Agency approval. All mixed waste generated during the project was managed according to requirements of the Atomic Energy Act and the Resource Conservation and Recovery Act (RCRA). DOE’s proposed Site Treatment Plan was approved by the Missouri Department of Natural Resources, which also has oversight for RCRA wastes in the state of Missouri.
Geothermal Test Facility Site – The Colorado River Basin Regional Water Quality Control Board, a California State agency, was the lead agency in the cleanup effort at the Geothermal Test Facility Site. The Water Quality Control Board issued a Waste Discharge Requirement Order in 1989 that required removal and disposal of all geothermal waste at an approved disposal site. DOE also coordinated with the Bureau of Land Management (BLM) as part of the site closure. DOE used the site under a right-of-way agreement with BLM, which BLM had to approve and accept the restoration activities at the site before DOE could terminate the agreement.
General Atomics Hot Cell Facility Site – The General Atomics Hot Cell Facility was regulated under General Atomics’ Special Nuclear Materials License with NRC and By-Product Materials License with the State of California Department of Health Services, Radiological Health Branch. Release criteria for soil, building materials, concrete, and asphalt were based on criteria in these licenses. The final release guideline values were calculated specifically for the site and represented incremental concentrations above background values. NRC’s Manual for Conducting Radiological Surveys in Support of License Termination (NUREG/CR-5849) provided guidelines for calculating isotopic concentrations in soil that corresponded to maximum permissible gamma exposure rates and dose rates.
Oxnard, California, Site – Regulations governing asbestos removal at the Oxnard Site included the Toxic Substances Control Act codified at Title 40 Code of Federal Regulations (CFR) Part 763; Title 8 California Code of Regulations (CCR)Sections 341.15, “Certification of Asbestos Consultants and Site Surveillance Technicians”; 8 CCR 341.16, “Approval of Asbestos Training and Course Providers for Training Requirements Related to Asbestos-Related-Work and AHERA”; and 8 CCR 1529, “Asbestos.” Results of an environmental site assessment conducted in September 1995 indicated that polychlorinated biphenyl concentrations in site soils were below California Environmental Protection Agency risk-based action levels, and removal was not required. However, DOE removed the soils in 1996 as a best management practice.