AXIMUM CON FOR GROUND Maximum criterion will s per liter (0.04 quilibrium, a based on f s of uranium. Cleanu s Con ual R m Ina 3 and and process etary d he Act In part terial of the to any ary ederal ite at less olled after deral $192.11 Definitions. (a) Unless otherwise indicated in this subpart, all terms shall have the same meaning as defined in subpart A. (b) Land means any surface or subsurface land that is not part of a disposal site and is not covered by an occupiable building. (c) Working Level (WL) means any combination of short-lived radon decay products in one liter of air that will result in the ultimate emission of alpha particles with a total energy of 130 billion electron volts. (d) Soil means all unconsolidated materials normally found on or near the surface of the earth including, but not limited to, silts, clays, sands, gravel, and small rocks. (e) Limited use groundwater means groundwater that is not a current or potential source of drinking water because (1) the concentration of total dissolved solids is in excess of 10,000 mg/l, or (2) widespread, ambient contamination not due to activities involving residual radioactive materials from a designated processing site exists that cannot be cleaned up using treatment methods reasonably employed in public water systems, or (3) the quantity of water reasonably available for sustained continuous use is less than 150 gallons per day. The parameters for determining the quantity of water reasonably available shall be determined by the Secretary with the concurrence of the Commission. [48 FR 602, Jan. 5, 1983, as amended at 60 FR 2866, Jan. 11, 1995] § 192.12 Standards. Remedial actions shall be conducted so as to provide reasonable assurance that, as a result of residual radioactive materials from any designated processing site: (a) The concentration of radium-226 in land averaged over any area of 100 square meters shall not exceed the background level by more than (1) 5 pCi/g, averaged over the first 15 cm of soil below the surface, and (2) 15 pCi/g, averaged over 15 cm thick layers of soil more than 15 cm below the surface. (b) In any occupied or habitable building 157-152 0-952 (1) The objective of reme shall be, and reasonable effo made to achieve, an annual a equivalent) radon decay pr centration (including backg to exceed 0.02 WL. In any radon decay product concent cluding background) shall r 0.03 WL, and (2) The level of gamma shall not exceed the backgro by more than 20 microroen hour. (c) The Secretary shall cor conditions specified in a plan dial action which provides tamination of groundwater constituents from residual ra material at any designated p site (§192.01(1)) shall be brou compliance as promptly as i ably achievable with the prov §192.02(c)(3) or any supplement ards established under $192.22. purposes of this subpart: m (1) A monitoring program carried out that is adequate backgroundwater quality and t extent and magnitude of grou contamination by listed cons from residual radioactive (§ 192.02(c)(1)) and to monitor ance with this subpart. The S shall determine which of the c ents listed in Appendix I to part present in or could reasonably rived from residual radioactive rial at the site, and concentrati its shall be established in acc with §192.02(c)(3). (2) (i) If the Secretary dete that sole reliance on active re procedures is not appropriate a cleanup of the groundwater more reasonably accomplished or in part through natural fl then the period for remedial prod may be extended. Such an extend riod may extend to a term not ceed 100 years if: (A) The concentration limits lished under this subpart are pro to be satisfied at the end of th tended period, (B) Institutional control, hav high degree of permanence and will effectively protect public h and the environment and satisfy ficial uses of groundwater durin extended period and which is enforceable by the administrative or judicial branches of government entities, is instituted and maintained, as part of the remedial action, at the processing site and wherever contamination by listed constituents from residual radioactive materials is found in groundwater, or is projected to be found, and (C) The groundwater is not currently and is not now projected to become a source for a public water system subject to provisions of the Safe Drinking Water Act during the extended period. (ii) Remedial actions on groundwater conducted under this subpart may occur before or after actions under Section 104(f)(2) of the Act are initiated. (3) Compliance with this subpart shall be demonstrated through the monitoring program established under paragraph (c)(1) of this section at those locations not beneath a disposal site and its cover where groundwater contains listed constituents from residual radioactive material. [48 FR 602, Jan. 5, 1983, as amended at 60 FR 2867, Jan. 11, 1995] Subpart C-Implementation § 192.20 Guidance for implementation. Section 108 of the Act requires the Secretary of Energy to select and perform remedial actions with the concurrence of the Nuclear Regulatory Commission and the full participation of any State that pays part of the cost, and in consultation, as appropriate, with affected Indian Tribes and the Secretary of the Interior. These parties, in their respective roles under section 108, are referred to hereafter as "the implementing agencies." The implementing agencies shall establish methods and procedures to provide "reasonable assurance" that the provisions of Subparts A and B are satisfied. This should be done as appropriate through use of analytic models and site-specific analyses, in the case of Subpart A, and for Subpart B through measurements performed within the accuracy of currently available types of field and laboratory instruments in conjunction with reasonable survey and sampling procedures. These methods and procedures may be varied to suit conditions at specific sites. In particular: (a)(1) The purpose of Subpart A is to provide for long-term stabilization and isolation in order to inhibit misuse and spreading of residual radioactive materials, control releases of radon to air, and protect water. Subpart A may be implemented through analysis of the physical properties of the site and the control system and projection of the effects of natural processes over time. Events and processes that could significantly affect the average radon release rate from the entire disposal site should be considered. Phenomena that are localized or temporary, such as local cracking or burrowing of rodents, need to be taken into account only if their cumulative effect would be significant in determining compliance with the standard. Computational models, theories, and prevalent expert judgment may be used to decide that a control system design will satisfy the standard. The numerical range provided in the standard for the longevity of the effectiveness of the control of residual radioactive materials allows for consideration of the various factors affecting the longevity of control and stabilization methods and their costs. These factors have different levels of predictability and may vary for the different sites. (2) Protection of water should be considered on a case-specific basis, drawing on hydrological and geochemical surveys and all other relevant data. The hydrologic and geologic assessment to be conducted at each site should include a monitoring program sufficient to establish background groundwater quality through one or more upgradient or other appropriately located wells. The groundwater monitoring list in Appendix IX of part 264 of this chapter (plus the additional constituents in Table A of this paragraph) may be used for screening purposes in place of Appendix I of part 192 in the monitoring program. New depository sites for tailings that contain water at greater than the level of "specific retention" should use aliner or equivalent. In considering design objectives for groundwater protection, the implementing agencies should give priority to concentration levels in the order listed under §192.02(c)(3)(i). When TABLE A TO § 192.20(a)(2)-ADDITIONAL LISTED Nitrate (as N) Molybdenum Combined radium-226 and radium-228 Gross alpha-particle activity (excluding radon and (3) The plan for remedial action, concurred in by the Commission, will specify how applicable requirements of subpart A are to be satisfied. The plan should include the schedule and steps necessary to complete disposal operations at the site. It should include an estimate of the inventory of wastes to be disposed of in the pile and their listed constituents and address any need to eliminate free liquids; stabilization of the wastes to a bearing capacity sufficient to support the final cover; and the design and engineering specifications for a cover to manage the migration of liquids through the stabilized pile, function without maintenance, promote drainage and minimize erosion or abrasion of the cover, and accommodate settling and subsidence so that cover integrity is maintained. Evaluation of proposed designs to conform to subpart A should be based on realistic technical judgments and include use of available empirical information. The consideration of possible failure modes and related corrective actions should be limited to reasonable failure assumptions, with a demonstration that the disposal design is generally amenable to a range of corrective actions. (4) The groundwater monitoring list in Appendix IX of part 264 of this chapter (plus the additional constituents in Table A in paragraph (a)(2) of this section) may be used for screening purposes in place of Appendix I of part 192 in monitoring programs. The monitoring plan required under §192.03 should be designed to include verification of site-specific assumptions used to project the performance of the disposal system. Prevention of contamination of groundwater may be assessed by indirect methods, such as measuring the migration of moisture in the various components of the cover, the tailings, and the area between the tailings and the nearest aquifer, as well as by direct monitoring of groundwater. In the case of vicinity properties ($192.01(1)(2)), such assessments may not be necessary, as determined by the Secretary, with the concurrence of the Commission, considering such factors as local geology and the amount of contamination present. Temporary excursions from applicable limits of groundwater concentrations that are attributable to a disposal operation itself shall not constitute a basis for considering corrective action under §192.04 during the disposal period, unless the disposal operation is suspended prior to completion for other than seasonal reasons. (b)(1) Compliance with §192.12(a) and (b) of subpart B, to the extent practical, should be demonstrated through radiation surveys. Such surveys may, if appropriate, be restricted to locations likely to contain residual radioactive materials. These surveys should be designed to provide for compliance averaged over limited areas rather than point-by-point compliance with the standards. In most cases, measurement of gamma radiation exposure rates above and below the land surface can be used to show compliance with §192.12(a). Protocols for making such measurements should be based on realistic radium distributions near the surface rather than extremes rarely encountered. (2) In §192.12(a), “background level” refers to the native radium concentration in soil. Since this may not be determinable in the presence of contamination by residual radioactive materials, a surrogate "background level” may be established by simple direct or indirect (e.g., gamma radiation) measurements performed nearby but outside of the contaminated location. (3) Compliance with §192.12(b) may be demonstrated by methods that the De partment of Energy has approved for use under Pub. L. 92-314 (10 CFR part 712), or by other methods that the implementing agencies determine are adequate. Residual radioactive materials should be removed from buildings exceeding 0.03 WL so that future replacement buildings will not pose a hazard [unless removal is not practical-see §192.21(c)]. However, sealants, filtration, and ventilation devices may provide reasonable assurance of reductions from 0.03 WL to below 0.02 WL. In unusual cases, indoor radiation may exceed the levels specified in §192.12(b) due to sources other than residual radioactive materials. Remedial actions are not required in order to comply with the standard when there is reasonable assurance that residual radioactive materials are not the cause of such an excess. (4) The plan(s) for remedial action will specify how applicable requirements of subpart B would be satisfied. The plan should include the schedule and steps necessary to complete the cleanup of groundwater at the site. It should document the extent of contamination due to releases prior to final disposal, including the identification and location of listed constituents and the rate and direction of movement of contaminated groundwater, based upon the monitoring carried out under §192.12(c)(1). In addition, the assessment should consider future plume movement, including an evaluation of such processes as attenuation and dilution and future contamination from beneath a disposal site. Monitoring for assessment and compliance purposes should be sufficient to establish the extent and magnitude of contamination, with reasonable assurance, through use of a carefully chosen minimal number of sampling locations. The location and number of monitoring wells, the frequency and duration of monitoring, and the selection of indicator analytes for long-term groundwater monitoring, and, more generally, the design and operation of the monitoring system, will depend on the potential for risk to receptors and upon other factors, including characteristics of the subsurface environment, such as velocity of groundwater flow, contaminant retardation, time of groundwater or con case of taminant transit to receptors, results of statistical evaluations of data trends, and modeling of the dynamics of the groundwater system. All of these factors should be incorporated into the design of a site-specific monitoring program that will achieve the purpose of the regulations in this subpart in the most cost-effective manner. In the vicinity properties (§ 192.01(1)(2)), such assessments will usually not be necessary. The Secretary, with the concurrence of the Commission, may consider such factors as local geology and amount of contamination present in determining criteria to decide when such assessments are needed. In cases where §192.12(c)(2) is invoked, the plan should include a monitoring program sufficient to verify projections of plume movement and attenuation periodically during the extended cleanup period. Finally, plan should specify details of the method to be used for cleanup of ground water. the [48 FR 602, Jan. 5, 1983, as amended at 60 FR 2867, Jan. 11, 1995] § 192.21 Criteria for applying supplemental standards. Unless otherwise indicated in this subpart, all terms shall have the same meaning as defined in Title I of the Act or in subparts A and B. The implementing agencies may (and in the case of paragraph (h) of this section shall) apply standards under §192.22 in lieu of the standards of subparts A or B if they determine that any of the following circumstances exists: (a) Remedial actions required to satisfy subpart A or B would pose a clear and present risk of injury to workers or to members of the public, notwithstanding reasonable measures to avoid or reduce risk. (b) Remedial actions to satisfy the cleanup standards for land, §192.12(a), and groundwater, §192.12(c), or the acquisition of minimum materials required for control to satisfy §§ 192.02(b) and (c), would, notwithstanding reasonable measures to limit damage, directly produce health and environmental harm that is clearly excessive compared to the health and environmental benefits, now or in the future. A clear excess of health and environ 1 ceptors, res Cions of d the dynami em. All of the Drated into t ic monitor ve the purp is subpart Danner. Int propert Ssments such fact Dount of a rmining assessme $192.12 d include ent to vement ing the nally, b the met of groun mental harm is harm that is long-term, (c) The estimated cost of remedial tion to constitute a sign: ation hazard from residual materials. [48 FR 602, Jan. 5, 1983, as ame 2868, Jan. 11, 1995] § 192.22 Supplemental stan Federal agencies implem parts A and B may in lieu ceed pursuant to this secti spect to generic or indivi tions meeting the eligibili ments of § 192.21. (a) When one or more of t of $192.21(a) through (g) aj Secretary shall select and pe alternative remedial action 1 as close to meeting the oth plicable standard under §192 is reasonably achievable. (b) When §192.21(h) applies actions shall reduce other re dioactivity to levels that are is reasonably achievable and to the standards of subparts A the maximum extent practica. (c) The implementing agen make general determinations ing remedial actions under th that will apply to all locati specified characteristics, or t make a determination for a sp cation. When remedial actions posed under this section for a location, the Department of shall inform any private own occupants of the affected loca solicit their comments. The ment of Energy shall provide a comments to the other imple agencies. The Department of shall also periodically inform t ronmental Protection Agency general and individual determ under the provisions of this sect (d) The cost of a remedial action for cleanup of a building under § 192.12(b) is clearly unreasonably high relative to the benefits. Factors that should be included in this judgment are the anticipated period of occupancy, the incremental radiation level that would be affected by the remedial action, the residual useful lifetime of the building, the potential for future construction at the site, and the applicability of less costly remedial methods than removal of residual radioactive materials. (e) There is no known remedial action. (f) The restoration of groundwater quality at any designated processing site under §192.12(c) is technically impracticable from an engineering perspective. (g) The groundwater meets the criteria of § 192.11(e). (h) Radionuclides other than radium226 and its decay products are present in sufficient quantity and concentra (d) When §192.21(b), (f), or (g. implementing agencies shall ap remedial actions for the restora contamination of groundwater sidual radioactive materials tha quired to assure, at a minimur tection of human health and th ronment. In addition, when §1: applies, supplemental standards ensure that current and reas |