The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
(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
(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
(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,
(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
(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;
(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
(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
(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
(I) an act or omission of any third party over whom
the licensee has no control.
(18) Final radon barrier--The earthen cover (or approved
alternative cover) over by-product material constructed to comply
with §336.1129(p) - (aa) of this title (relating to Technical
Requirements) (excluding erosion protection features).
(19) ) Groundwater--Water below the land surface in
a zone of saturation. For purposes of this subchapter, groundwater
is the water contained within an aquifer as defined in this section.
(20) Hazardous constituent--Subject to §336.1129(j)(5)
of this title (relating to Technical Requirements), "hazardous
constituent" is a constituent that meets all three of the following
(A) the constituent is reasonably expected to be in
or derived from the by-product material in the disposal area;
(B) the constituent has been detected in the groundwater
in the uppermost aquifer; and
(C) the constituent is listed in 10 Code of Federal
Regulations Part 40, Appendix A, Criterion 13.
(21) In situ leach--Refers to the actual oxidation
and dissolution of uranium in an underground formation.
(22) In situ recovery--Refers to the process of stripping,
precipitating, de-watering, and drying uranium in a surface processing
(23) Leachate--Any liquid, including any suspended
or dissolved components in the liquid, that has percolated through
or drained from the by-product material.
(24) Licensed site--The area contained within the boundary
of a location under the control of persons generating or storing by-product
materials under a license.
(25) Liner--A continuous layer of natural or man-made
materials, beneath or on the sides of a surface impoundment that restricts
the downward or lateral escape of by-product material, hazardous constituents,
(26) Maximum credible earthquake--That earthquake that
would cause the maximum vibratory ground motion based upon an evaluation
of earthquake potential considering the regional and local geology
and seismology and specific characteristics of local subsurface material.
(27) Milestone--An action or event that is required
to occur by an enforceable date.
(A) the period of time during which a by-product material
disposal area is being used for the continued placement of by-product
material or is in standby status for such placement. A disposal area
is in operation from the day that by-product material is first placed
in it until the day final closure begins; and
(B) the period of time during which an in situ leach
uranium recovery operation is actively leaching or recovering uranium.
(29) Point of compliance--The site-specific location
in the uppermost aquifer where the groundwater protection standard
shall be met. The objective in selecting the point of compliance is
to provide the earliest practicable warning that an impoundment is
releasing hazardous constituents to the groundwater. The point of
compliance is selected to provide prompt indication of groundwater
contamination on the hydraulically downgradient edge of the disposal
(30) Principal activities--Activities authorized by
the license that are essential to achieving the purpose(s) for which
the license is issued or amended. Storage during which no licensed
material is accessed for use or disposal and activities incidental
to decontamination or decommissioning are not principal activities.
(31) Reclamation--Those activities at a uranium recovery
licensed facility that work towards achieving the criteria under this
subchapter for release of equipment, facilities and/or the site (including
land) to unrestricted use or termination of the license.
(32) Reclamation plan--
(A) for the purposes of paragraph (22) of this section
and §336.1115 of this title (relating to In situ recovery and
Expiration and Termination of Licenses; Decommissioning of Sites;
Separate Buildings or Outdoor Areas, respectively), "reclamation
plan" is the plan detailing activities to accomplish reclamation
of the licensed site (land surface) where in situ recovery and related
activities are licensed to occur. The reclamation plan shall include
a schedule for reclamation milestones that are key to the clean-up
of the in situ recovery plant location, well fields, and any by-product
waste storage location; or