The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise.
(1) Aquifer--A geologic 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 or potentially is:
(A) hydraulically interconnected to a natural aquifer;
(B) capable of discharge to surface water; or
(C) 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 §336.1131
of this title (relating to Land Ownership of By-Product Material Disposal
Sites).
(2) As expeditiously as practicable considering technological
feasibility--As quickly as possible considering the physical characteristics
of the by-product material and the site, the limits of "available
technology" (as defined in this section), the need for consistency
with mandatory requirements of other regulatory programs, and "factors
beyond the control of the licensee" (as defined in this section).
The phrase permits consideration of the cost of compliance only to
the extent specifically provided for by use of the term "Available
technology."
(3) Available technology--Technologies and methods
for emplacing a final radon barrier on by-product material piles or
impoundments. This term must 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), (for example, by way of illustration only, unreasonable
overtime, staffing, or transportation requirements, etc., considering
normal practice in the industry; laser fusion of soils; etc.), provided
there is reasonable progress toward emplacement of the final radon
barrier. To determine grossly excessive costs, the relevant baseline
against which costs must 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.
(4) By-product material--Tailings or wastes produced
by or resulting from the extraction or concentration of uranium or
thorium from any ore processed primarily for its source material content,
including discrete surface wastes resulting from uranium solution
extraction processes. Underground ore bodies depleted by such solution
extraction operations do not constitute "by-product material"
within this definition.
(5) By-product material disposal cell--A man-made excavation
and/or construction designed, sited, and built in accordance with
the requirements of §336.1129 of this title (relating to Technical
Requirements) for the purpose of disposal of by-product material.
(6) By-product material pond--A man-made excavation
designed, constructed, and sited in accordance with the requirements
of §336.1129 of this title (relating to Technical Requirements).
(7) Capable fault--As used in this section, "Capable
fault" has the same meaning as defined in Section III(g) of Appendix
A of Title 10 Code of Federal Regulations (CFR) Part 100.
(8) Closure--The post-operational activities to decontaminate
and decommission the buildings and site used to produce by-product
materials and/or reclaim the tailings or disposal area, including
groundwater restoration, if needed.
(9) Closure plan--The plan approved by the agency to
accomplish closure. The closure plan consists of a decommissioning
plan and may also include a reclamation plan.
(10) Commencement of construction--Initiating activity
defined as "construction" or any other activity at the site
of a facility subject to regulations in this subchapter that has a
reasonable nexus to radiological health and safety.
(11) Compliance period--The period of time that begins
when the agency sets secondary groundwater protection standards and
ends when the owner or operator's license is terminated and the site
is transferred to the state or federal government for long-term care,
if applicable.
(12) Construction--The installation of wells associated
with radiological operations (e.g., production, injection, or monitoring
well networks associated with in-situ recovery or other facilities),
the installation of foundations, or in place assembly, erection, fabrication,
or testing for any structure, system, or component of a facility or
activity subject to the regulations in this part that are related
to radiological safety or security. The term "construction"
does not include:
(A) changes for the temporary use of the land for public
recreational purposes;
(B) site exploration, including necessary borings to
determine foundation conditions or other preconstruction monitoring
to establish background information related to the suitability of
a site, the environmental impacts of construction or operation, or
the protection of environmental values;
(C) preparation of the site for construction of the
facility, including clearing of the site, grading, installation of
drainage, erosion and other environmental mitigation measures, and
construction of temporary roads and borrow areas;
(D) erection of fences and other access control measures
that are not related to the safe use of, or security of, radiological
materials subject to this part;
(E) excavation;
(F) erection of support buildings (e.g., construction
equipment storage sheds, warehouse and shop facilities, utilities,
concrete mixing plants, docking and unloading facilities, and office
buildings) for use in connection with the construction of the facility;
(G) building of service facilities (e.g., paved roads,
parking lots, railroad spurs, exterior utility and lighting systems,
potable water systems, sanitary sewerage treatment facilities, and
transmission lines);
(H) procurement or fabrication of components or portions
of the proposed facility occurring at other than the final, in-place
location at the facility; or
(I) initiating activity that has no reasonable nexus
to radiological health and safety.
(13) Decommissioning plan--The plan approved by the
agency to accomplish decommissioning. Decommission is defined in §336.2(29)
of this title (relating to Definitions).
(14) Dike--An embankment or ridge of either natural
or man-made materials used to prevent the movement of liquids, sludges,
solids, or other materials.
(15) Disposal area--The area containing by-product
materials to which the requirements of §336.1129(p) - (aa) of
this title (relating to Technical Requirements) apply.
(16) Existing portion--As used in §336.1129(i)(1)
of this title (relating to Technical Requirements), "existing
portion" is that land surface area of an existing surface impoundment
on which significant quantities of uranium or thorium by-product materials
had been placed prior to September 30, 1983.
(17) Factors beyond the control of the licensee--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 §336.1129(x) of this title (relating
to Technical Requirements). These factors may include, but are not
limited to:
(A) physical conditions at the site;
(B) inclement weather or climatic conditions;
(C) an act of God;
(D) an act of war;
(E) 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;
(F) labor disturbances;
(G) any modifications, cessation or delay ordered by
state, federal, or local agencies;
(H) 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 government agency failure to take final action after
the licensee has made a good faith, timely effort to submit legally
sufficient applications, responses to requests (including relevant
data requested by the agencies), or other information, including
approval of the reclamation plan; and
Cont'd... |
