[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR40]

 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
             PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

  Appendix A to Part 40--Criteria Relating to the Operation of Uranium 
    Mills and the Disposition of Tailings or Wastes Produced by the 
   Extraction or Concentration of Source Material From Ores Processed 
               Primarily for Their Source Material Content

    Introduction. Every applicant for a license to possess and use 
source material in conjunction with uranium or thorium milling, or 
byproduct material at sites formerly associated with such milling, is 
required by the provisions of Sec. 40.31(h) to include in a license 
application proposed specifications relating to milling operations and 
the disposition of tailings or wastes resulting from such milling 
activities. This appendix establishes technical, financial, ownership, 
and long-term site surveillance criteria relating to the siting, 
operation, decontamination, decommissioning, and reclamation of mills 
and tailings or waste systems and sites at which such mills and systems 
are located. As used in this appendix, the term ``as low as is 
reasonably achievable'' has the same meaning as in Sec. 20.1003 of this 
chapter.
    In many cases, flexibility is provided in the criteria to allow 
achieving an optimum tailings disposal program on a site-specific basis. 
However, in such cases the objectives, technical alternatives and 
concerns which must be taken into account in developing a tailings 
program are identified. As provided by the provisions of Sec. 40.31(h) 
applications for licenses must clearly demonstrate how the criteria have 
been addressed.
    The specifications must be developed considering the expected full 
capacity of tailings or waste systems and the lifetime of mill 
operations. Where later expansions of systems or operations may be 
likely (for example, where large quantities of ore now marginally 
uneconomical may be stockpiled), the amenability of the disposal system 
to accommodate increased capacities without degradation in long-term 
stability and other performance factors must be evaluated.
    Licensees or applicants may propose alternatives to the specific 
requirements in this appendix. The alternative proposals may take into 
account local or regional conditions, including geology, topography, 
hydrology, and meterology. The Commission may find that the proposed 
alternatives meet the Commission's requirements if the alternatives will 
achieve a level of stabilization and containment of the sites concerned, 
and

[[Page 648]]

a level of protection for public health, safety, and the environment 
from radiological and nonradiological hazards associated with the sites, 
which is equivalent to, to the extent practicable, or more stringent 
than the level which would be achieved by the requirements of this 
appendix and the standards promulgated by the Environmental Protection 
Agency in 40 CFR part 192, subparts D and E.
    All site specific licensing decisions based on the criteria in this 
appendix or alternatives proposed by licensees or applicants will take 
into account the risk to the public health and safety and the 
environment with due consideration to the economic costs involved and 
any other factors the Commission determines to be appropriate. In 
implementing this appendix, the Commission will consider ``practicable'' 
and ``reasonably achievable'' as equivalent terms. Decisions involved 
these terms will take into account the state of technology, and the 
economics of improvements in relation to benefits to the public health 
and safety, and other societal and socioeconomic considerations, and in 
relation to the utilization of atomic energy in the public interest.
    The following definitions apply to the specified terms as used in 
this appendix:
    Aquifer means a geologic formation, group of formations, or part of 
a formation capable of yielding a significant amount of ground water 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 (1) hydraulically interconnected to a natural 
aquifer, (2) capable of discharge to surface water, or (3) 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 Criterion 11 of this appendix.
    As expeditiously as practicable considering technological 
feasibility, for the purposes of Criterion 6A, means as quickly as 
possible considering: the physical characteristics of the tailings and 
the site; the limits of available technology; the need for consistency 
with mandatory requirements of other regulatory programs; and factors 
beyond the control of the licensee. The phrase permits consideration of 
the cost of compliance only to the extent specifically provided for by 
use of the term available technology.
    Available technology means technologies and methods for emplacing a 
final radon barrier on uranium mill tailings piles or impoundments. This 
term shall 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), (such as, 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 cost shall 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.
    Closure means the activities following operations to decontaminate 
and decommission the buildings and site used to produce byproduct 
materials and reclaim the tailings and/or waste disposal area.
    Closure plan means the Commission approved plan to accomplish 
closure.
    Compliance period begins when the Commission sets secondary ground-
water protection standards and ends when the owner or operator's license 
is terminated and the site is transferred to the State or Federal agency 
for long-term care.
    Dike means an embankment or ridge of either natural or man-made 
materials used to prevent the movement of liquids, sludges, solids or 
other materials.
    Disposal area means the area containing byproduct materials to which 
the requirements of Criterion 6 apply.
    Existing portion means that land surface area of an existing surface 
impoundment on which significant quantities of uranium or thorium 
byproduct materials had been placed prior to September 30, 1983.
    Factors beyond the control of the licensee means 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 paragraph (1) of Criterion 6A. These factors may 
include, but are not limited to--
    (1) Physical conditions at the site;
    (2) Inclement weather or climatic conditions;
    (3) An act of God;
    (4) An act of war;
    (5) 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;
    (6) Labor disturbances;
    (7) Any modifications, cessation or delay ordered by State, Federal, 
or local agencies;
    (8) 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 agency failure to take final action after the licensee 
has made a good faith, timely effort

[[Page 649]]

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
    (9) An act or omission of any third party over whom the licensee has 
no control.
    Final radon barrier means the earthen cover (or approved alternative 
cover) over tailings or waste constructed to comply with Criterion 6 of 
this appendix (excluding erosion protection features).
    Ground water means water below the land surface in a zone of 
saturation. For purposes of this appendix, ground water is the water 
contained within an aquifer as defined above.
    Leachate means any liquid, including any suspended or dissolved 
components in the liquid, that has percolated through or drained from 
the byproduct material.
    Licensed site means the area contained within the boundary of a 
location under the control of persons generating or storing byproduct 
materials under a Commission license.
    Liner means a continuous layer of natural or man-made materials, 
beneath or on the sides of a surface impoundment which restricts the 
downward or lateral escape of byproduct material, hazardous 
constituents, or leachate.
    Milestone means an action or event that is required to occur by an 
enforceable date.
    Operation means that a uranium or thorium mill tailings pile or 
impoundment is being used for the continued placement of byproduct 
material or is in standby status for such placement. A pile or 
impoundment is in operation from the day that byproduct material is 
first placed in the pile or impoundment until the day final closure 
begins.
    Point of compliance is the site specific location in the uppermost 
aquifer where the ground-water protection standard must be met.
    Reclamation plan, for the purposes of Criterion 6A, means the plan 
detailing activities to accomplish reclamation of the tailings or waste 
disposal area in accordance with the technical criteria of this 
appendix. The reclamation plan must include a schedule for reclamation 
milestones that are key to the completion of the final radon barrier 
including as appropriate, but not limited to, wind blown tailings 
retrieval and placement on the pile, interim stabilization (including 
dewatering or the removal of freestanding liquids and recontouring), and 
final radon barrier construction. (Reclamation of tailings must also be 
addressed in the closure plan; the detailed reclamation plan may be 
incorporated into the closure plan.)
    Surface impoundment means a natural topographic depression, man-made 
excavation, or diked area, which is designed to hold an accumulation of 
liquid wastes or wastes containing free liquids, and which is not an 
injection well.
    Uppermost aquifer means the geologic formation nearest the natural 
ground surface that is an aquifer, as well as lower aquifers that are 
hydraulically interconnected with this aquifer within the facility's 
property boundary.

                          I. Technical Criteria

    Criterion 1--The general goal or broad objective in siting and 
design decisions is permanent isolation of tailings and associated 
contaminants by minimizing disturbance and dispersion by natural forces, 
and to do so without ongoing maintenance. For practical reasons, 
specific siting decisions and design standards must involve finite times 
(e.g., the longevity design standard in Criterion 6). The following site 
features which will contribute to such a goal or objective must be 
considered in selecting among alternative tailings disposal sites or 
judging the adequacy of existing tailings sites:
    Remoteness from populated areas;
    Hydrologic and other natural conditions as they contribute to 
continued immobilization and isolation of contaminants from ground-water 
sources; and
    Potential for minimizing erosion, disturbance, and dispersion by 
natural forces over the long term.
    The site selection process must be an optimization to the maximum 
extent reasonably achievable in terms of these features.
    In the selection of disposal sites, primary emphasis must be given 
to isolation of tailings or wastes, a matter having long-term impacts, 
as opposed to consideration only of short-term convenience or benefits, 
such as minimization of transportation or land acquisition costs. While 
isolation of tailings will be a function of both site and engineering 
design, overriding consideration must be given to siting features given 
the long-term nature of the tailings hazards.
    Tailings should be disposed of in a manner that no active 
maintenance is required to preserve conditions of the site.
    Criterion 2--To avoid proliferation of small waste disposal sites 
and thereby reduce perpetual surveillance obligations, byproduct 
material from in situ extraction operations, such as residues from 
solution evaporation or contaminated control processes, and wastes from 
small remote above ground extraction operations must be disposed of at 
existing large mill tailings disposal sites; unless, considering the 
nature of the wastes, such as their volume and specific activity, and 
the costs and environmental impacts of transporting the wastes to a 
large disposal site, such offsite disposal is demonstrated to be 
impracticable or the advantages of onsite burial clearly outweigh the 
benefits of reducing the perpetual surveillance obligations.

[[Page 650]]

    Criterion 3--The ``prime option'' for disposal of tailings is 
placement below grade, either in mines or specially excavated pits (that 
is, where the need for any specially constructed retention structure is 
eliminated). The evaluation of alternative sites and disposal methods 
performed by mill operators in support of their proposed tailings 
disposal program (provided in applicants' environmental reports) must 
reflect serious consideration of this disposal mode. In some instances, 
below grade disposal may not be the most environmentally sound approach, 
such as might be the case if a ground-water formation is relatively 
close to the surface or not very well isolated by overlying soils and 
rock. Also, geologic and topographic conditions might make full below 
grade burial impracticable: For example, bedrock may be sufficiently 
near the surface that blasting would be required to excavate a disposal 
pit at excessive cost, and more suitable alternative sites are not 
available. Where full below grade burial is not practicable, the size of 
retention structures, and size and steepness of slopes associated 
exposed embankments must be minimized by excavation to the maximum 
extent reasonably achievable or appropriate given the geologic and 
hydrologic conditions at a site. In these cases, it must be demonstrated 
that an above grade disposal program will provide reasonably equivalent 
isolation of the tailings from natural erosional forces.
    Criterion 4--The following site and design criteria must be adhered 
to whether tailings or wastes are disposed of above or below grade.
    (a) Upstream rainfall catchment areas must be minimized to decrease 
erosion potential and the size of the floods which could erode or wash 
out sections of the tailings disposal area.
    (b) Topographic features should provide good wind protection.
    (c) Embankment and cover slopes must be relatively flat after final 
stabilization to minimize erosion potential and to provide conservative 
factors of safety assuring long-term stability. The broad objective 
should be to contour final slopes to grades which are as close as 
possible to those which would be provided if tailings were disposed of 
below grade; this could, for example, lead to slopes of about 10 
horizontal to 1 vertical (10h:1v) or less steep. In general, slopes 
should not be steeper than about 5h:1v. Where steeper slopes are 
proposed, reasons why a slope less steep than 5h:1v would be 
impracticable should be provided, and compensating factors and 
conditions which make such slopes acceptable should be identified.
    (d) A full self-sustaining vegetative cover must be established or 
rock cover employed to reduce wind and water erosion to negligible 
levels.
    Where a full vegetative cover is not likely to be self-sustaining 
due to climatic or other conditions, such as in semi-arid and arid 
regions, rock cover must be employed on slopes of the impoundment 
system. The NRC will consider relaxing this requirement for extremely 
gentle slopes such as those which may exist on the top of the pile.
    The following factors must be considered in establishing the final 
rock cover design to avoid displacement of rock particles by human and 
animal traffic or by natural process, and to preclude undercutting and 
piping:
    Shape, size, composition, and gradation of rock particles (excepting 
bedding material average particles size must be at least cobble size or 
greater);
    Rock cover thickness and zoning of particles by size; and
    Steepness of underlying slopes.
    Individual rock fragments must be dense, sound, and resistant to 
abrasion, and must be free from cracks, seams, and other defects that 
would tend to unduly increase their destruction by water and frost 
actions. Weak, friable, or laminated aggregate may not be used.
    Rock covering of slopes may be unnecessary where top covers are very 
thick ( or less); bulk cover materials have inherently favorable erosion 
resistance characteristics; and, there is negligible drainage catchment 
area upstream of the pile and good wind protection as described in 
points (a) and (b) of this Criterion.
    Furthermore, all impoundment surfaces must be contoured to avoid 
areas of concentrated surface runoff or abrupt or sharp changes in slope 
gradient. In addition to rock cover on slopes, areas toward which 
surface runoff might be directed must be well protected with substantial 
rock cover (rip rap). In addition to providing for stability of the 
impoundment system itself, overall stability, erosion potential, and 
geomorphology of surrounding terrain must be evaluated to assure that 
there are not ongoing or potential processes, such as gully erosion, 
which would lead to impoundment instability.
    (e) The impoundment may not be located near a capable fault that 
could cause a maximum credible earthquake larger than that which the 
impoundment could reasonably be expected to withstand. As used in this 
criterion, the term ``capable fault'' has the same meaning as defined in 
section III(g) of appendix A of 10 CFR part 100. The term ``maximum 
credible earthquake'' means that earthquake which 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.
    (f) The impoundment, where feasible, should be designed to 
incorporate features

[[Page 651]]

which will promote deposition. For example, design features which 
promote deposition of sediment suspended in any runoff which flows into 
the impoundment area might be utilized; the object of such a design 
feature would be to enhance the thickness of cover over time.
    Criterion 5--Criteria 5A-5D and new Criterion 13 incorporate the 
basic ground-water protection standards imposed by the Environmental 
Protection Agency in 40 CFR part 192, subparts D and E (48 FR 45926; 
October 7, 1983) which apply during operations and prior to the end of 
closure. Ground-water monitoring to comply with these standards is 
required by Criterion 7A.
    5A(1)--The primary ground-water protection standard is a design 
standard for surface impoundments used to manage uranium and thorium 
byproduct material. Unless exempted under paragraph 5A(3) of this 
criterion, surface impoundments (except for an existing portion) must 
have a liner that is designed, constructed, and installed to prevent any 
migration of wastes out of the impoundment to the adjacent subsurface 
soil, ground water, or surface water at any time during the active life 
(including the closure period) of the impoundment. The liner may be 
constructed of materials that may allow wastes to migrate into the liner 
(but not into the adjacent subsurface soil, ground water, or surface 
water) during the active life of the facility, provided that impoundment 
closure includes removal or decontamination of all waste residues, 
contaminated containment system components (liners, etc.), contaminated 
subsoils, and structures and equipment contaminated with waste and 
leachate. For impoundments that will be closed with the liner material 
left in place, the liner must be constructed of materials that can 
prevent wastes from migrating into the liner during the active life of 
the facility.
    5A(2)--The liner required by paragraph 5A(1) above must be--
    (a) Constructed of materials that have appropriate chemical 
properties and sufficient strength and thickness to prevent failure due 
to pressure gradients (including static head and external hydrogeologic 
forces), physical contact with the waste or leachate to which they are 
exposed, climatic conditions, the stress of installation, and the stress 
of daily operation;
    (b) Placed upon a foundation or base capable of providing support to 
the liner and resistance to pressure gradients above and below the liner 
to prevent failure of the liner due to settlement, compression, or 
uplift; and
    (c) Installed to cover all surrounding earth likely to be in contact 
with the wastes or leachate.
    5A(3)--The applicant or licensee will be exempted from the 
requirements of paragraph 5A(1) of this criterion if the Commission 
finds, based on a demonstration by the applicant or licensee, that 
alternate design and operating practices, including the closure plan, 
together with site characteristics will prevent the migration of any 
hazardous constituents into ground water or surface water at any future 
time. In deciding whether to grant an exemption, the Commission will 
consider--
    (a) The nature and quantity of the wastes;
    (b) The proposed alternate design and operation;
    (c) The hydrogeologic setting of the facility, including the 
attenuative capacity and thickness of the liners and soils present 
between the impoundment and ground water or surface water; and
    (d) All other factors which would influence the quality and mobility 
of the leachate produced and the potential for it to migrate to ground 
water or surface water.
    5A(4)--A surface impoundment must be designed, constructed, 
maintained, and operated to prevent overtopping resulting from normal or 
abnormal operations, overfilling, wind and wave actions, rainfall, or 
run-on; from malfunctions of level controllers, alarms, and other 
equipment; and from human error.
    5A(5)--When dikes are used to form the surface impoundment, the 
dikes must be designed, constructed, and maintained with sufficient 
structural integrity to prevent massive failure of the dikes. In 
ensuring structural integrity, it must not be presumed that the liner 
system will function without leakage during the active life of the 
impoundment.
    5B(1)--Uranium and thorium byproduct materials must be managed to 
conform to the following secondary ground-water protection standard: 
Hazardous constituents entering the ground water from a licensed site 
must not exceed the specified concentration limits in the uppermost 
aquifer beyond the point of compliance during the compliance period. 
Hazardous constituents are those constituents identified by the 
Commission pursuant to paragraph 5B(2) of this criterion. Specified 
concentration limits are those limits established by the Commission as 
indicated in paragraph 5B(5) of this criterion. The Commission will also 
establish the point of compliance and compliance period on a site 
specific basis through license conditions and orders. The objective in 
selecting the point of compliance is to provide the earliest practicable 
warning that the impoundment is releasing hazardous constituents to the 
ground water. The point of compliance must be selected to provide prompt 
indication of ground-water contamination on the hydraulically 
downgradient edge of the disposal area. The Commission shall identify 
hazardous constituents, establish concentration limits, set the 
compliance period, and may adjust the point of compliance if needed to

[[Page 652]]

accord with developed data and site information as to the flow of ground 
water or contaminants, when the detection monitoring established under 
Criterion 7A indicates leakage of hazardous constituents from the 
disposal area.
    5B(2)--A constituent becomes a hazardous constituent subject to 
paragraph 5B(5) only when the constituent meets all three of the 
following tests:
    (a) The constituent is reasonably expected to be in or derived from 
the byproduct material in the disposal area;
    (b) The constituent has been detected in the ground water in the 
uppermost aquifer; and
    (c) The constituent is listed in Criterion 13 of this appendix.
    5B(3)--Even when constituents meet all three tests in paragraph 
5B(2) of this criterion, the Commission may exclude a detected 
constituent from the set of hazardous constituents on a site specific 
basis if it finds that the constituent is not capable of posing a 
substantial present or potential hazard to human health or the 
environment. In deciding whether to exclude constituents, the Commission 
will consider the following:
    (a) Potential adverse effects on ground-water quality, considering--
    (i) The physical and chemical characteristics of the waste in the 
licensed site, including its potential for migration;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity of ground water and the direction of ground-water 
flow;
    (iv) The proximity and withdrawal rates of ground-water users;
    (v) The current and future uses of ground water in the area;
    (vi) The existing quality of ground water, including other sources 
of contamination and their cumulative impact on the ground-water 
quality;
    (vii) The potential for health risks caused by human exposure to 
waste constituents;
    (viii) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents;
    (ix) The persistence and permanence of the potential adverse 
effects.
    (b) Potential adverse effects on hydraulically-connected surface 
water quality, considering--
    (i) The volume and physical and chemical characteristics of the 
waste in the licensed site;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity and quality of ground water, and the direction of 
ground-water flow;
    (iv) The patterns of rainfall in the region;
    (v) The proximity of the licensed site to surface waters;
    (vi) The current and future uses of surface waters in the area and 
any water quality standards established for those surface waters;
    (vii) The existing quality of surface water, including other sources 
of contamination and the cumulative impact on surface-water quality;
    (viii) The potential for health risks caused by human exposure to 
waste constituents;
    (ix) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents; and
    (x) The persistence and permanence of the potential adverse effects.
    5B(4)--In making any determinations under paragraphs 5B(3) and 5B(6) 
of this criterion about the use of ground water in the area around the 
facility, the Commission will consider any identification of underground 
sources of drinking water and exempted aquifers made by the 
Environmental Protection Agency.
    5B(5)--At the point of compliance, the concentration of a hazardous 
constituent must not exceed--
    (a) The Commission approved background concentration of that 
constituent in the ground water;
    (b) The respective value given in the table in paragraph 5C if the 
constituent is listed in the table and if the background level of the 
constituent is below the value listed; or
    (c) An alternate concentration limit established by the Commission.
    5B(6)--Conceptually, background concentrations pose no incremental 
hazards and the drinking water limits in paragraph 5C state acceptable 
hazards but these two options may not be practically achievable at a 
specific site. Alternate concentration limits that present no 
significant hazard may be proposed by licensees for Commission 
consideration. Licensees must provide the basis for any proposed limits 
including consideration of practicable corrective actions, that limits 
are as low as reasonably achievable, and information on the factors the 
Commission must consider. The Commission will establish a site specific 
alternate concentration limit for a hazardous constituent as provided in 
paragraph 5B(5) of this criterion if it finds that the proposed limit is 
as low as reasonably achievable, after considering practicable 
corrective actions, and that the constituent will not pose a substantial 
present or potential hazard to human health or the environment as long 
as the alternate concentration limit is not exceeded. In making the 
present and potential hazard finding, the Commission will consider the 
following factors:
    (a) Potential adverse effects on ground-water quality, considering--

[[Page 653]]

    (i) The physical and chemical characteristics of the waste in the 
licensed site including its potential for migration;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity of ground water and the direction of ground-water 
flow;
    (iv) The proximity and withdrawal rates of ground-water users;
    (v) The current and future uses of ground water in the area;
    (vi) The existing quality of ground water, including other sources 
of contamination and their cumulative impact on the ground-water 
quality;
    (vii) The potential for health risks caused by human exposure to 
waste constituents;
    (viii) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents;
    (ix) The persistence and permanence of the potential adverse 
effects.
    (b) Potential adverse effects on hydraulically-connected surface 
water quality, considering--
    (i) The volume and physical and chemical characteristics of the 
waste in the licensed site;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity and quality of ground water, and the direction of 
ground-water flow;
    (iv) The patterns of rainfall in the region;
    (v) The proximity of the licensed site to surface waters;
    (vi) The current and future uses of surface waters in the area and 
any water quality standards established for those surface waters;
    (vii) The existing quality of surface water including other sources 
of contamination and the cumulative impact on surface water quality;
    (viii) The potential for health risks caused by human exposure to 
waste constituents;
    (ix) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents; and
    (x) The persistence and permanence of the potential adverse effects.

             5C--Maximum Values for Ground-Water Protection
------------------------------------------------------------------------
                                                              Maximum
                 Constituent or property                   concentration
------------------------------------------------------------------------
Milligrams per liter:
  Arsenic................................................        0.05
  Barium.................................................        1.0
  Cadmium................................................        0.01
  Chromium...............................................        0.05
  Lead...................................................        0.05
  Mercury................................................        0.002
  Selenium...............................................        0.01
  Silver.................................................        0.05
  Endrin (1,2,3,4,10,10-hexachloro-1,7 -expoxy-1,4,4a,5,         0.0002
   6,7,8,9a-octahydro-1, 4-endo, endo-5,8-dimethano
   naphthalene)..........................................
  Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma              0.004
   isomer)...............................................
  Methoxychlor (1,1,1-Trichloro-2,2-bis (p-                      0.1
   methoxyphenylethane)..................................
  Toxaphene (C<INF>10</INF> H<INF>10</INF> C1<INF>6</INF>, Technical chlorinated camphene,        0.005
   67-69 percent chlorine)...............................
  2,4-D (2,4-Dichlorophenoxyacetic acid).................        0.1
  2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic acid).        0.01
Picocuries per liter:
  Combined radium-226 and radium -228....................        5
  Gross alpha--particle activity (excluding radon and           15
   uranium when producing uranium byproduct material or
   radon and thorium when producing thorium byproduct
   material).............................................
------------------------------------------------------------------------

    5D--If the ground-water protection standards established under 
paragraph 5B(1) of this criterion are exceeded at a licensed site, a 
corrective action program must be put into operation as soon as is 
practicable, and in no event later than eighteen (18) months after the 
Commission finds that the standards have been exceeded. The licensee 
shall submit the proposed corrective action program and supporting 
rationale for Commission approval prior to putting the program into 
operation, unless otherwise directed by the Commission. The objective of 
the program is to return hazardous constituent concentration levels in 
ground water to the concentration limits set as standards. The 
licensee's proposed program must address removing the hazardous 
constituents that have entered the ground water at the point of 
compliance or treating them in place. The program must also address 
removing or treating in place any hazardous constituents that exceed 
concentration limits in ground water between the point of compliance and 
the downgradient facility property boundary. The licensee shall continue 
corrective action measures to the extent necessary to achieve and 
maintain compliance with the ground-water protection standard. The 
Commission will determine when the licensee may terminate corrective 
action measures based on data from the ground-water monitoring program 
and other information that provide reasonable assurance that the ground-
water protection standard will not be exceeded.
    5E--In developing and conducting ground-water protection programs, 
applicants and licensees shall also consider the following:
    (1) Installation of bottom liners (Where synthetic liners are used, 
a leakage detection system must be installed immediately below the liner 
to ensure major failures are

[[Page 654]]

detected if they occur. This is in addition to the ground-water 
monitoring program conducted as provided in Criterion 7. Where clay 
liners are proposed or relatively thin, in-situ clay soils are to be 
relied upon for seepage control, tests must be conducted with 
representative tailings solutions and clay materials to confirm that no 
significant deterioration of permeability or stability properties will 
occur with continuous exposure of clay to tailings solutions. Tests must 
be run for a sufficient period of time to reveal any effects if they are 
going to occur (in some cases deterioration has been observed to occur 
rather rapidly after about nine months of exposure)).
    (2) Mill process designs which provide the maximum practicable 
recycle of solutions and conservation of water to reduce the net input 
of liquid to the tailings impoundment.
    (3) Dewatering of tailings by process devices and/or in-situ 
drainage systems (At new sites, tailings must be dewatered by a drainage 
system installed at the bottom of the impoundment to lower the phreatic 
surface and reduce the driving head of seepage, unless tests show 
tailings are not amenable to such a system. Where in-situ dewatering is 
to be conducted, the impoundment bottom must be graded to assure that 
the drains are at a low point. The drains must be protected by suitable 
filter materials to assure that drains remain free running. The drainage 
system must also be adequately sized to assure good drainage).
    (4) Neutralization to promote immobilization of hazardous 
constituents.
    5F--Where ground-water impacts are occurring at an existing site due 
to seepage, action must be taken to alleviate conditions that lead to 
excessive seepage impacts and restore ground-water quality. The specific 
seepage control and ground-water protection method, or combination of 
methods, to be used must be worked out on a site-specific basis. 
Technical specifications must be prepared to control installation of 
seepage control systems. A quality assurance, testing, and inspection 
program, which includes supervision by a qualified engineer or 
scientist, must be established to assure the specifications are met.
    5G--In support of a tailings disposal system proposal, the 
applicant/operator shall supply information concerning the following:
    (1) The chemical and radioactive characteristics of the waste 
solutions.
    (2) The characteristics of the underlying soil and geologic 
formations particularly as they will control transport of contaminants 
and solutions. This includes detailed information concerning extent, 
thickness, uniformity, shape, and orientation of underlying strata. 
Hydraulic gradients and conductivities of the various formations must be 
determined. This information must be gathered from borings and field 
survey methods taken within the proposed impoundment area and in 
surrounding areas where contaminants might migrate to ground water. The 
information gathered on boreholes must include both geologic and 
geophysical logs in sufficient number and degree of sophistication to 
allow determining significant discontinuities, fractures, and channeled 
deposits of high hydraulic conductivity. If field survey methods are 
used, they should be in addition to and calibrated with borehole 
logging. Hydrologic parameters such as permeability may not be 
determined on the basis of laboratory analysis of samples alone; a 
sufficient amount of field testing (e.g., pump tests) must be conducted 
to assure actual field properties are adequately understood. Testing 
must be conducted to allow estimating chemi-sorption attenuation 
properties of underlying soil and rock.
    (3) Location, extent, quality, capacity and current uses of any 
ground water at and near the site.
    5H--Steps must be taken during stockpiling of ore to minimize 
penetration of radionuclides into underlying soils; suitable methods 
include lining and/or compaction of ore storage areas.
    Criterion 6--(1) In disposing of waste byproduct material, licensees 
shall place an earthen cover (or approved alternative) over tailings or 
wastes at the end of milling operations and shall close the waste 
disposal area in accordance with a design \1\ which provides reasonable 
assurance of control of radiological hazards to (i) be effective for 
1,000 years, to the extent reasonably achievable, and, in any case, for 
at least 200 years, and (ii) limit releases of radon-222 from uranium 
byproduct materials, and radon-220 from thorium byproduct materials, to 
the atmosphere so as not to exceed an average \2\ release rate of 20 
picocuries per square meter per second (pCi/m\2\ s) to the extent 
practicable throughout the effective design life determined pursuant to 
(1)(i) of this Criterion. In computing required tailings cover 
thicknesses, moisture in soils in excess of amounts found normally in 
similar soils in similar circumstances

[[Page 655]]

may not be considered. Direct gamma exposure from the tailings or wastes 
should be reduced to background levels. The effects of any thin 
synthetic layer may not be taken into account in determining the 
calculated radon exhalation level. If non-soil materials are proposed as 
cover materials, it must be demonstrated that these materials will not 
crack or degrade by differential settlement, weathering, or other 
mechanism, over long-term intervals.
---------------------------------------------------------------------------

    \1\ In the case of thorium byproduct materials, the standard applies 
only to design. Monitoring for radon emissions from thorium byproduct 
materials after installation of an appropriately designed cover is not 
required.
    \2\ This average applies to the entire surface of each disposal area 
over a period of a least one year, but a period short compared to 100 
years. Radon will come from both byproduct materials and from covering 
materials. Radon emissions from covering materials should be estimated 
as part of developing a closure plan for each site. The standard, 
however, applies only to emissions from byproduct materials to the 
atmosphere.
---------------------------------------------------------------------------

    (2) As soon as reasonably achievable after emplacement of the final 
cover to limit releases of radon-222 from uranium byproduct material and 
prior to placement of erosion protection barriers or other features 
necessary for long-term control of the tailings, the licensee shall 
verify through appropriate testing and analysis that the design and 
construction of the final radon barrier is effective in limiting 
releases of radon-222 to a level not exceeding 20 pCi/m \2\s averaged 
over the entire pile or impoundment using the procedures described in 40 
CFR part 61, appendix B, Method 115, or another method of verification 
approved by the Commission as being at least as effective in 
demonstrating the effectiveness of the final radon barrier.
    (3) When phased emplacement of the final radon barrier is included 
in the applicable reclamation plan, the verification of radon-222 
release rates required in paragraph (2) of this criterion must be 
conducted for each portion of the pile or impoundment as the final radon 
barrier for that portion is emplaced.
    (4) Within ninety days of the completion of all testing and analysis 
relevant to the required verification in paragraphs (2) and (3) of this 
criterion, the uranium mill licensee shall report to the Commission the 
results detailing the actions taken to verify that levels of release of 
radon-222 do not exceed 20 pCi/m \2\s when averaged over the entire pile 
or impoundment. The licensee shall maintain records until termination of 
the license documenting the source of input parameters including the 
results of all measurements on which they are based, the calculations 
and/or analytical methods used to derive values for input parameters, 
and the procedure used to determine compliance. These records shall be 
kept in a form suitable for transfer to the custodial agency at the time 
of transfer of the site to DOE or a State for long-term care if 
requested.
    (5) Near surface cover materials (i.e., within the top three meters) 
may not include waste or rock that contains elevated levels of radium; 
soils used for near surface covermust be essentially the same, as far as 
radioactivity is concerned, as that of surrounding surface soils. This 
is to ensure that surface radon exhalation is not significantly above 
background because of the cover material itself.
    (6) The design requirements in this criterion for longevity and 
control of radon releases apply to any portion of a licensed and/or 
disposal site unless such portion contains a concentration of radium in 
land, averaged over areas of 100 square meters, which, as a result of 
byproduct material, does not exceed the background level by more than: 
(i) 5 picocuries per gram (pCi/g) of radium-226, or, in the case of 
thorium byproduct material, radium-228, averaged over the first 15 
centimeters (cm) below the surface, and (ii) 15 pCi/g of radium-226, or, 
in the case of thorium byproduct material, radium-228, averaged over 15-
cm thick layers more than 15 cm below the surface.

________________________________________________________________________

NOTE: The provisions of the following paragraph (which implement the Uranium Recovery Facilities Rule [64 FR 17510]) are NOT applicable to FUSRAP sites. See the Note in NRC's 1992 discussion of NRC cleanup criteria. ________________________________________________________________________

[Byproduct material containing concentrations of radionuclides other than radium in soil, and surface activity on remaining structures, must not result in a total effective dose equivalent (TEDE) exceeding the dose from cleanup of radium contaminated soil to the above standard (benchmark dose), and must be at levels which are as low as is reasonably achievable. If more than one residual radionuclide is present in the same 100-square-meter area, the sum of the ratios for each radionuclide of concentration present to the concentration limit will not exceed ``1'' (unity). A calculation of the potential peak annual TEDE within 1000 years to the average member of the critical group that would result from applying the radium standard (not including radon) on the site must be submitted for approval. The use of decommissioning plans with benchmark doses which exceed 100 mrem/yr, before application of ALARA, requires the approval of the Commission after consideration of the recommendation of the NRC staff. This requirement for dose criteria does not apply to sites that have decommissioning plans for soil and structures approved before June 11, 1999.] (7) The licensee shall also address the nonradiological hazards associated with the wastes in planning and implementing closure. The licensee shall ensure that disposal areas are closed in a manner that minimizes the need for further maintenance. To the extent necessary to prevent threats to human health and the environment, the licensee shall control, minimize, or eliminate post-closure escape of nonradiological hazardous constituents, leachate, contaminated rainwater, or waste decomposition products to the ground or surface waters or to the atmosphere. Criterion 6A--(1) For impoundments containing uranium byproduct materials, the final radon barrier must be completed as expeditiously as practicable considering technological feasibility after the pile or impoundment ceases operation in accordance with a written, Commission- approved reclamation plan. (The term as expeditiously as practicable [[Page 656]] considering technological feasibility as specifically defined in the Introduction of this appendix includes factors beyond the control of the licensee.) Deadlines for completion of the final radon barrier and, if applicable, the following interim milestones must be established as a condition of the individual license: windblown tailings retrieval and placement on the pile and interim stabilization (including dewatering or the removal of freestanding liquids and recontouring). The placement of erosion protection barriers or other features necessary for long-term control of the tailings must also be completed in a timely manner in accordance with a written, Commission-approved reclamation plan. (2) The Commission may approve a licensee's request to extend the time for performance of milestones related to emplacement of the final radon barrier if, after providing an opportunity for public participation, the Commission finds that the licensee has adequately demonstrated in the manner required in paragraph (2) of Criterion 6 that releases of radon-222 do not exceed an average of 20 pCi/m\2\s. If the delay is approved on the basis that the radon releases do not exceed 20 pCi/m\2\s, a verification of radon levels, as required by paragraph (2) of Criterion 6, must be made annually during the period of delay. In addition, once the Commission has established the date in the reclamation plan for the milestone for completion of the final radon barrier, the Commission may extend that date based on cost if, after providing an opportunity for public participation, the Commission finds that the licensee is making good faith efforts to emplace the final radon barrier, the delay is consistent with the definition of available technology, and the radon releases caused by the delay will not result in a significant incremental risk to the public health. (3) The Commission may authorize by license amendment, upon licensee request, a portion of the impoundment to accept uranium byproduct material or such materials that are similar in physical, chemical, and radiological characteristics to the uranium mill tailings and associated wastes already in the pile or impoundment, from other sources, during the closure process. No such authorization will be made if it results in a delay or impediment to emplacement of the final radon barrier over the remainder of the impoundment in a manner that will achieve levels of radon-222 releases not exceeding 20 pCi/m\2\s averaged over the entire impoundment. The verification required in paragraph (2) of Criterion 6 may be completed with a portion of the impoundment being used for further disposal if the Commission makes a final finding that the impoundment will continue to achieve a level of radon-222 releases not exceeding 20 pCi/m\2\ s averaged over the entire impoundment. In this case, after the final radon barrier is complete except for the continuing disposal area, (a) only byproduct material will be authorized for disposal, (b) the disposal will be limited to the specified existing disposal area, and (c) this authorization will only be made after providing opportunity for public participation. Reclamation of the disposal area, as appropriate, must be completed in a timely manner after disposal operations cease in accordance with paragraph (1) of Criterion 6; however, these actions are not required to be complete as part of meeting the deadline for final radon barrier construction. Criterion 7--At least one full year prior to any major site construction, a preoperational monitoring program must be conducted to provide complete baseline data on a milling site and its environs. Throughout the construction and operating phases of the mill, an operational monitoring program must be conducted to measure or evaluate compliance with applicable standards and regulations; to evaluate performance of control systems and procedures; to evaluate environmental impacts of operation; and to detect potential long-term effects. 7A--The licensee shall establish a detection monitoring program needed for the Commission to set the site-specific ground-water protection standards in paragraph 5B(1) of this appendix. For all monitoring under this paragraph the licensee or applicant will propose for Commission approval as license conditions which constituents are to be monitored on a site specific basis. A detection monitoring program has two purposes.The initial purpose of the program is to detect leakage of hazardous constituents from the disposal area so that the need to set ground-water protection standards is monitored. If leakage is detected, the second purpose of the program is to generate data and information needed for the Commission to establish the standards under Criterion 5B. The data and information must provide a sufficient basis to identify those hazardous constituents which require concentration limit standards and to enable the Commission to set the limits for those constituents and the compliance period. They may also need to provide the basis for adjustments to the point of compliance. For licenses in effect September 30, 1983, the detection monitoring programs must have been in place by October 1, 1984. For licenses issued after September 30, 1983, the detection monitoring programs must be in place when specified by the Commission in orders or license conditions. Once ground-water protection standards have been established pursuant to paragraph 5B(1), the licensee shall establish and implement a compliance monitoring program. The purpose of the compliance monitoring program is to determine that the hazardous constituent concentrations in ground water continue to comply with the standards set by the Commission. In conjunction with [[Page 657]] a corrective action program, the licensee shall establish and implement a corrective action monitoring program. The purpose of the corrective action monitoring program is to demonstrate the effectiveness of the corrective actions. Any monitoring program required by this paragraph may be based on existing monitoring programs to the extent the existing programs can meet the stated objective for the program. Criterion 8--Milling operations must be conducted so that all airborne effluent releases are reduced to levels as low as is reasonably achievable. The primary means of accomplishing this must be by means of emission controls. Institutional controls, such as extending the site boundary and exclusion area, may be employed to ensure that offsite exposure limits are met, but only after all practicable measures have been taken to control emissions at the source. Notwithstanding the existence of individual dose standards, strict control of emissions is necessary to assure that population exposures are reduced to the maximum extent reasonably achievable and to avoid site contamination. The greatest potential sources of offsite radiation exposure (aside from radon exposure) are dusting from dry surfaces of the tailings disposal area not covered by tailings solution and emissions from yellowcake drying and packaging operations. During operations and prior to closure, radiation doses from radon emissions from surface impoundments of uranium or thorium byproduct materials must be kept as low as is reasonably achievable. Checks must be made and logged hourly of all parameters (e.g., differential pressures and scrubber water flow rates) that determine the efficiency of yellowcake stack emission control equipment operation. The licensee shall retain each log as a record for three years after the last entry in the log is made. It must be determined whether or not conditions are within a range prescribed to ensure that the equipment is operating consistently near peak efficiency; corrective action must be taken when performance is outside of prescribed ranges. Effluent control devices must be operative at all times during drying and packaging operations and whenever air is exhausting from the yellowcake stack. Drying and packaging operations must terminate when controls are inoperative. When checks indicate the equipment is not operating within the range prescribed for peak efficiency, actions must be taken to restore parameters to the prescribed range. When this cannot be done without shutdown and repairs, drying and packaging operations must cease as soon as practicable. Operations may not be restarted after cessation due to off-normal performance until needed corrective actions have been identified and implemented. All these cessations, corrective actions, and restarts must be reported to the appropriate NRC regional office as indicated in Criterion 8A, in writing, within ten days of the subsequent restart. To control dusting from tailings, that portion not covered by standing liquids must be wetted or chemically stabilized to prevent or minimize blowing and dusting to the maximum extent reasonably achievable. This requirement may be relaxed if tailings are effectively sheltered from wind, such as may be the case where they are disposed of below grade and the tailings surface is not exposed to wind. Consideration must be given in planning tailings disposal programs to methods which would allow phased covering and reclamation of tailings impoundments because this will help in controlling particulate and radon emissions during operation. To control dusting from diffuse sources, such as tailings and ore pads where automatic controls do not apply, operators shall develop written operating procedures specifying the methods of control which will be utilized. Milling operations producing or involving thorium byproduct material must be conducted in such a manner as to provide reasonable assurance that the annual dose equivalent does not exceed 25 millirems to the whole body, 75 millirems to the thyroid, and 25 millirems to any other organ of any member of the public as a result of exposures to the planned discharge of radioactive materials, radon-220 and its daughters excepted, to the general environment. Uranium and thorium byproduct materials must be managed so as to conform to the applicable provisions of title 40 of the Code of Federal Regulations, part 440, ``Ore Mining and Dressing Point Source Category: Effluent Limitations Guidelines and New Source Performance Standards, subpart C, Uranium, Radium, and Vanadium Ores Subcategory,'' as codified on January 1, 1983. Criterion 8A--Daily inspections of tailings or waste retention systems must be conducted by a qualified engineer or scientist and documented. The licensee shall retain the documentation for each daily inspection as a record for three years after the documentation is made. The appropriate NRC regional office as indicated in appendix D to 10 CFR part 20 of this chapter, or the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC, 20555, must be immediately notified of any failure in a tailings or waste retention system that results in a release of tailings or waste into unrestricted areas, or of any unusual conditions (conditions not contemplated in the design of the retention system) that is not corrected could indicate the potential or lead to failure of the system and result in a release of tailings or waste into unrestricted areas. [[Page 658]] II. Financial Criteria Criterion 9--Financial surety arrangements must be established by each mill operator prior to the commencement of operations to assure that sufficient funds will be available to carry out the decontamination and decommissioning of the mill and site and for the reclamation of any tailings or waste disposal areas. The amount of funds to be ensured by such surety arrangements must be based on Commission-approved cost estimates in a Commission-approved plan for (1) decontamination and decommissioning of mill buildings and the milling site to levels which allow unrestricted use of these areas upon decommissioning, and (2) the reclamation of tailings and/or waste areas in accordance with technical criteria delineated in Section I of this appendix. The licensee shall submit this plan in conjunction with an environmental report that addresses the expected environmental impacts of the milling operation, decommissioning and tailings reclamation, and evaluates alternatives for mitigating these impacts. The surety must also cover the payment of the charge for long-term surveillance and control required by Criterion 10. In establishing specific surety arrangements, the licensee's cost estimates must take into account total costs that would be incurred if an independent contractor were hired to perform the decommissioning and reclamation work. In order to avoid unnecessary duplication and expense, the Commission may accept financial sureties that have been consolidated with financial or surety arrangements established to meet requirements of other Federal or state agencies and/or local governing bodies for such decommissioning, decontamination, reclamation, and long-term site surveillance and control, provided such arrangements are considered adequate to satisfy these requirements and that the portion of the surety which covers the decommissioning and reclamation of the mill, mill tailings site and associated areas, and the long-term funding charge is clearly identified and committed for use in accomplishing these activities. The licensees's surety mechanism will be reviewed annually by the Commission to assure, that sufficient funds would be available for completion of the reclamation plan if the work had to be performed by an independent contractor. The amount of surety liability should be adjusted to recognize any increases or decreases resulting from inflation, changes in engineering plans, activities performed, and any other conditions affecting costs. Regardless of whether reclamation is phased through the life of the operation or takes place at the end of operations, an appropriate portion of surety liability must be retained until final compliance with the reclamation plan is determined. This will yield a surety that is at least sufficient at all times to cover the costs of decommissioning and reclamation of the areas that are expected to be disturbed before the next license renewal. The term of the surety mechanism must be open ended, unless it can be demonstrated that another arrangement would provide an equivalent level of assurance. This assurance would be provided with a surety instrument which is written for a specified period of time (e.g., 5 years) yet which must be automatically renewed unless the surety notifies the beneficiary (the Commission or the State regulatory agency) and the principal (the licensee) some reasonable time (e.g., 90 days) prior to the renewal date of their intention not to renew. In such a situation the surety requirement still exists and the licensee would be required to submit an acceptable replacement surety within a brief period of time to allow at least 60 days for the regulatory agency to collect. Proof of forfeiture must not be necessary to collect the surety so that in the event that the licensee could not provide an acceptable replacement surety within the required time, the surety shall be automatically collected prior to its expiration. The conditions described above would have to be clearly stated on any surety instrument which is not open-ended, and must be agreed to by all parties. Financial surety arrangements generally acceptable to the Commission are: (a) Surety bonds; (b) Cash deposits; (c) Certificates of deposits; (d) Deposits of government securities; (e) Irrevocable letters or lines of credit; and (f) Combinations of the above or such other types of arrangements as may be approved by the Commission. However, self insurance, or any arrangement which essentially constitutes self insurance (e.g., a contract with a State or Federal agency), will not satisfy the surety requirement since this provides no additional assurance other than that which already exists through license requirements. Criterion 10--A minimum charge of $250,000 (1978 dollars) to cover the costs of long-term surveillance must be paid by each mill operator to the general treasury of the United States or to an appropriate State agency prior to the termination of a uranium or thorium mill license. If site surveillance or control requirements at a particular site are determined, on the basis of a site-specific evaluation, to be significantly greater than those specified in Criterion 12 (e.g., if fencing is determined to be necessary), variance in funding requirements may be specified by the Commission. In any case, the total charge to cover the costs of long-term surveillance must be such that, with an assumed 1 percent annual real [[Page 659]] interest rate, the collected funds will yield interest in an amount sufficient to cover the annual costs of site surveillance. The total charge will be adjusted annually prior to actual payment to recognize inflation. The inflation rate to be used is that indicated by the change in the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. III. Site and Byproduct Material Ownership Criterion 11--A. These criteria relating to ownership of tailings and their disposal sites become effective on November 8, 1981, and apply to all licenses terminated, issued, or renewed after that date. B. Any uranium or thorium milling license or tailings license must contain such terms and conditions as the Commission determines necessary to assure that prior to termination of the license, the licensee will comply with ownership requirements of this criterion for sites used for tailings disposal. C. Title to the byproduct material licensed under this part and land, including any interests therein (other than land owned by the United States or by a State) which is used for the disposal of any such byproduct material, or is essential to ensure the long term stability of such disposal site, must be transferred to the United States or the State in which such land is located, at the option of such State. In view of the fact that physical isolation must be the primary means of long-term control, and Government land ownership is a desirable supplementary measure, ownership of certain severable subsurface interests (for example, mineral rights) may be determined to be unnecessary to protect the public health and safety and the environment. In any case, however, the applicant/operator must demonstrate a serious effort to obtain such subsurface rights, and must, in the event that certain rights cannot be obtained, provide notification in local public land records of the fact that the land is being used for the disposal of radioactive material and is subject to either an NRC general or specific license prohibiting the disruption and disturbance of the tailings. In some rare cases, such as may occur with deep burial where no ongoing site surveillance will be required, surface land ownership transfer requirements may be waived. For licenses issued before November 8, 1981, the Commission may take into account the status of the ownership of such land, and interests therein, and the ability of a licensee to transfer title and custody thereof to the United States or a State. D. If the Commission subsequent to title transfer determines that use of the surface or subsurface estates, or both, of the land transferred to the United States or to a State will not endanger the public health, safety, welfare, or environment, the Commission may permit the use of the surface or subsurface estates, or both, of such land in a manner consistent with the provisions provided in these criteria. If the Commission permits such use of such land, it will provide the person who transferred such land with the right of first refusal with respect to such use of such land. E. Material and land transferred to the United States or a State in accordance with this Criterion must be transferred without cost to the United States or a State other than administrative and legal costs incurred in carrying out such transfer. F. The provisions of this part respecting transfer of title and custody to land and tailings and wastes do not apply in the case of lands held in trust by the United States for any Indian tribe or lands owned by such Indian tribe subject to a restriction against alienation imposed by the United States. In the case of such lands which are used for the disposal of byproduct material, as defined in this part, the licensee shall enter into arrangements with the Commission as may be appropriate to assure the long-term surveillance of such lands by the United States. IV. Long-Term Site Surveillance Criterion 12--The final disposition of tailings, residual radioactive material, or wastes at milling sites should be such that ongoing active maintenance is not necessary to preserve isolation. As a minimum, annual site inspections must be conducted by the government agency responsible for long-term care of the disposal site to confirm its integrity and to determine the need, if any, for maintenance and/or monitoring. Results of the inspections for all the sites under the licensee's jurisdiction will be reported to the Commission annually within 90 days of the last site inspection in that calendar year. Any site where unusual damage or disruption is discovered during the inspection, however, will require a preliminary site inspection report to be submitted within 60 days. On the basis of a site specific evaluation, the Commission may require more frequent site inspections if necessary due to the features of a particular disposal site. In this case, a preliminary inspection report is required to be submitted within 60 days following each inspection. V. Hazardous Constituents Criterion 13--Secondary ground-water protection standards required by Criterion 5 of this appendix are concentration limits for individual hazardous constituents. The following list of constituents identifies the constituents for which standards must be set and complied with if the specific constituent is reasonably expected to be in or derived from the byproduct material and has been detected in ground water. For purposes of [[Page 660]] this appendix, the property of gross alpha activity will be treated as if it is a hazardous constituent. Thus, when setting standards under paragraph 5B(5) of Criterion 5, the Commission will also set a limit for gross alpha activity. The Commission does not consider the following list imposed by 40 CFR part 192 to be exhaustive and may determine other constituents to be hazardous on a case-by-case basis, independent of those specified by the U.S. Environmental Protection Agency in part 192. Hazardous Constituents Acetonitrile (Ethanenitrile) Acetophenone (Ethanone, 1-phenyl) 3-(alpha-Acetonylbenzyl)-4-hydroxycoumarin and salts (Warfarin) 2-Acetylaminofluorene (Acetamide, N-(9H-fluoren-2-yl)-) Acetyl chloride (Ethanoyl chloride) 1-Acetyl-2-thiourea (Acetamide, N-(aminothioxomethyl)-) Acrolein (2-Propenal) Acrylamide (2-Propenamide) Acrylonitrile (2-Propenenitrile) Aflatoxins Aldrin (1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a,8b-hexahydro-endo, exo- 1,4:5,8-Dimethanonaphthalene) Allyl alcohol (2-Propen-1-ol) Aluminum phosphide 4-Aminobiphenyl ([1,1'-Biphenyl]-4-amine) 6-Amino-1,1a,2,8,8a,8b-hexahydro-8-(hydroxymethyl)-8a-methoxy-5-methyl- carbamate azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, (ester) (Mitomycin C) (Azirino[2'3':3,4]pyrrolo(1,2-a)indole-4,7-dione, 6-amino- 8-[((amino-cabonyl)oxy)methyl]-1,1a,2,8,8a,8b-hexa-hydro-8a methoxy-5- methy-) 5-(Aminomethyl)-3-isoxazolol (3(2H)-Isoxazolone, 5-(aminomethyl)-) 4- Aminopyridine (4-Pyridinamine) Amitrole (1H-1,2,4-Triazol-3-amine) Aniline (Benzenamine) Antimony and compounds, N.O.S.\3\ --------------------------------------------------------------------------- \3\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not specifically listed by name in this list. --------------------------------------------------------------------------- Aramite (Sulfurous acid, 2-chloroethyl-, 2-[4-(1,1-dimethylethyl) phenoxy]-1-methylethyl ester) Arsenic and compounds, N.O.S.\3\ Arsenic acid (Orthoarsenic acid) Arsenic pentoxide (Arsenic (V) oxide) Arsenic trioxide (Arsenic (III) oxide) Auramine (Benzenamine, 4,4'-carbonimidoylbis[N,N-Dimethyl-, monohydrochloride) Azaserine (L-Serine, diazoacetate (ester)) Barium and compounds, N.O.S.\3\ Barium cyanide Benz[c]acridine (3,4-Benzacridine) Benz[a]anthracene (1,2-Benzanthracene) Benzene (Cyclohexatriene) Benzenearsonic acid (Arsonic acid, phenyl-) Benzene, dichloromethyl- (Benzal chloride) Benzenethiol (Thiophenol) Benzidine ([1,1'-Biphenyl]-4,4' diamine) Benzo[b]fluoranthene (2,3-Benzofluoranthene) Benzo[j]fluoranthene (7,8-Benzofluoranthene) Benzo[a]pyrene (3,4-Benzopyrene) p-Benzoquinone (1,4-Cyclohexadienedione) Benzotrichloride (Benzene, trichloromethyl) Benzyl chloride (Benzene, (chloromethyl)-) Beryllium and compounds, N.O.S.\3\ Bis(2-chloroethoxy)methane (Ethane, 1,1'-[methylenebis(oxy)]bis[2- chloro-]) Bis(2-chloroethyl) ether (Ethane, 1,1'-oxybis[2-chloro-]) N,N-Bis(2-chloroethyl)-2-naphthylamine (Chlornaphazine) Bis(2-chloroisopropyl) ether (Propane, 2,2'-oxybis[2-chloro-]) Bis(chloromethyl) ether (Methane, oxybis[chloro-]) Bis(2-ethylhexyl) phthalate (1,2-Benzenedicarboxylic acid, bis(2- ethylhexyl) ester) Bromoacetone (2-Propanone, 1-bromo-) Bromomethane (Methyl bromide) 4-Bromophenyl phenyl ether (Benzene, 1-bromo-4-phenoxy-) Brucine (Strychnidin-10-one, 2,3-dimethoxy-) 2-Butanone peroxide (Methyl ethyl ketone, peroxide) Butyl benzyl phthalate (1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester) 2-sec-Butyl-4,6-dinitrophenol (DNBP) (Phenol, 2,4-dinitro-6-(1- methylpropyl)-) Cadmium and compounds, N.O.S.\3\ Calcium chromate (Chromic acid, calcium salt) Calcium cyanide Carbon disulfide (Carbon bisulfide) Carbon oxyfluoride (Carbonyl fluoride) Chloral (Acetaldehyde, trichloro-) Chlorambucil (Butanoic acid, 4-[bis(2-chloroethyl)amino]benzene-) Chlordane (alpha and gamma isomers) (4,7-Methanoindan, 1,2,4,5,6,7,8,8- octachloro-3,4,7,7a-tetrahydro-) (alpha and gamma isomers) Chlorinated benzenes, N.O.S.\3\ Chlorinated ethane, N.O.S.\3\ Chlorinated fluorocarbons, N.O.S.\3\ Chlorinated naphthalene, N.O.S.\3\ Chlorinated phenol, N.O.S.\3\ Chloroacetaldehyde (Acetaldehyde, chloro-) Chloroalkyl ethers, N.O.S.\3\ p-Chloroaniline (Benzenamine, 4-chloro-) Chlorobenzene (Benzene, chloro-) Chlorobenzilate (Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)- alpha-hydroxy-,ethyl ester) p-Chloro-m-cresol (Phenol, 4-chloro-3-methyl) [[Page 661]] 1-Chloro-2,3-epoxypropane (Oxirane, 2-(chloromethyl)-) 2-Chloroethyl vinyl ether (Ethene, (2-chloroethoxy)-) Chloroform (Methane, trichloro-) Chloromethane (Methyl chloride) Chloromethyl methyl ether (Methane, chloromethoxy-) 2-Chloronaphthalene (Naphthalene, betachloro-) 2-Chlorophenol (Phenol, o-chloro-) 1-(o-Chlorophenyl)thiourea (Thiourea, (2-chlorophenyl)-) 3-Chloropropionitrile (Propanenitrile, 3-chloro-) Chromium and compounds, N.O.S.\3\ Chrysene (1,2-Benzphenanthrene) Citrus red No. 2 (2-Naphthol, 1-[(2,5-dimethoxyphenyl)azo]-) Coal tars Copper cyanide Creosote (Creosote, wood) Cresols (Cresylic acid) (Phenol, methyl-) Crotonaldehyde (2-Butenal) Cyanides (soluble salts and complexes), N.O.S.\3\ Cyanogen (Ethanedinitrile) Cyanogen bromide (Bromine cyanide) Cyanogen chloride (Chlorine cyanide) Cycasin (beta-D-Glucopyranoside, (methyl-ONN-azoxy)methyl-) 2-Cyclohexyl-4,6-dinitrophenol (Phenol, 2-cyclohexyl-4,6-dinitro-) Cyclophosphamide (2H-1,3,2,-Oxazaphosphorine, [bis(2-chloroethyl) amino]-tetrahydro-,2-oxide) Daunomycin (5,12-Naphthacenedione, (8S-cis)-8-acetyl-10-[(3-amino-2,3,6- trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11- trihydroxy-1-methoxy-) DDD (Dichlorodiphenyldichloroethane) (Ethane, 1,1-dichloro-2,2-bis(p- chlorophenyl)-) DDE (Ethylene, 1,1-dichloro-2,2-bis(4-chlorophenyl)-) DDT (Dichlorodiphenyltrichloroethane) (Ethane, 1,1,1-trichloro-2,2-bis (p-chlorophenyl)-) Diallate (S-(2,3-dichloroallyl) diisopropylthiocarbamate) Dibenz[a,h]acridine (1,2,5,6-Dibenzacridine) Dibenz[a,j]acridine (1,2,7,8-Dibenzacridine) Dibenz[a,h]anthracene (1,2,5,6-Dibenzanthracene) 7H-Dibenzo[c,g]carbazole (3,4,5,6-Dibenzcarbazole) Dibenzo[a,e]pyrene (1,2,4,5-Dibenzpyrene) Dibenzo[a,h]pyrene (1,2,5,6-Dibenzpyrene) Dibenzo[a,i]pyrene (1,2,7,8-Dibenzpyrene) 1,2-Dibromo-3-chloropropane (Propane, 1,2-dibromo-3-chloro-) 1,2-Dibromoethane (Ethylene dibromide) Dibromomethane (Methylene bromide) Di-n-butyl phthalate (1,2-Benzenedicarboxylic acid, dibutyl ester) o-Dichlorobenzene (Benzene, 1,2-dichloro-) m-Dichlorobenzene (Benzene, 1,3-dichloro-) p-Dichlorobenzene (Benzene, 1,4-dichlor-) Dichlorobenzene, N.O.S.\3\ (Benzene, dichloro-, N.O.S.\3\) 3,3'-Dichlorobenzidine ([1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-) 1,4-Dichloro-2-butene (2-Butene, 1,4-dichloro-) Dichlorodifluoromethane (Methane, dichlorodifluoro-) 1,1-Dichloroethane (Ethylidene dichloride) 1,2-Dichloroethane (Ethylene dichloride) trans-1,2-Dichloroethene (1,2-Dichloroethylene) Dichloroethylene, N.O.S.\3\ (Ethene, dichloro-, N.O.S.\3\) 1,1-Dichloroethylene (Ethene, 1,1-dichloro-) Dichloromethane (Methylene chloride) 2,4-Dichlorophenol (Phenol, 2,4-dichloro-) 2,6-Dichlorophenol (Phenol, 2,6-dichloro-) 2,4-Dichlorophenoxyacetic acid (2,4-D), salts and esters (Acetic acid, 2,4-dichlorophenoxy-, salts and esters) Dichlorophenylarsine (Phenyl dichloroarsine) Dichloropropane, N.O.S.\3\ (Propane, dichloro-, N.O.S.\3\) 1,2-Dichloropropane (Propylene dichloride) Dichloropropanol, N.O.S.\3\ (Propanol, dichloro-, N.O.S.\3\) Dichloropropene, N.O.S.\3\ (Propene, dichloro-, N.O.S.\3\) 1,3-Dichloropropene (1-Propene, 1,3-dichloro-) Dieldin (1,2,3,4,10.10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octa- hydro-endo, exo- 1,4:5,8-Dimethanonaphthalene) 1,2:3,4-Diepoxybutane (2,2'-Bioxirane) Diethylarsine (Arsine, diethyl-) N,N-Diethylhydrazine (Hydrazine, 1,2-diethyl) O,O-Diethyl S-methyl ester of phosphorodithioic acid (Phosphorodithioic acid, O,O-diethyl S-methyl ester) O,O-Diethylphosphoric acid, O-p-nitrophenyl ester (Phosphoric acid, diethyl p-nitrophenyl ester) Diethyl phthalate (1,2-Benzenedicarboxylic acid, diethyl ester) O,O-Diethyl O-2-pyrazinyl phosphorothioate (Phosphorothioic acid, O,O- diethyl O-pyrazinyl ester) Diethylstilbesterol (4,4'-Stilbenediol,alpha,alpha-diethyl, bis(dihydrogen phosphate, (E)-) Dihydrosafrole (Benzene, 1,2-methylenedioxy-4-propyl-) 3,4-Dihydroxy-alpha-(methylamino)methyl benzyl alcohol (1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-) Dilsopropylfluorophosphate (DFP) (Phosphorofluoridic acid, bis(1- methylethyl) ester) Dimethoate (Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2- oxoethyl] ester) 3,3'-Dimethoxybenzidine ([1,1'-Biphenyl]- 4,4'-diamine, 3-3'-dimethoxy-) p-Dimethylaminoazobenzene (Benzenamine, N,N-dimethyl-4-(phenylazo)-) [[Page 662]] 7,12-Dimethylbenz[a]anthracene (1,2-Benzanthracene, 7,12-dimethyl-) 3,3'-Dimethylbenzidine ([1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-) Dimethylcarbamoyl chloride (Carbamoyl chloride, dimethyl-) 1,1-Dimethylhydrazine (Hydrazine, 1,1-dimethyl-) 1,2-Dimethylhydrazine (Hydrazine, 1,2-dimethyl-) 3,3-Dimethyl-1-(methylthio)-2-butanone, O-[(methylamino) carbonyl] oxime (Thiofanox) alpha,alpha-Dimethylphenethylamine (Ethanamine, 1,1-dimethyl-2-phenyl-) 2,4-Dimethylphenol (Phenol, 2,4-dimethyl-) Dimethyl phthalate (1,2-Benzenedicarboxylic acid, dimethyl ester) Dimethyl sulfate (Sulfuric acid, dimethyl ester) Dinitrobenzene, N.O.S.\3\ (Benzene, dinitro-, N.O.S.\3\) 4,6-Dinitro-o-cresol and salts (Phenol, 2,4-dinitro-6-methyl-, and salts) 2,4-Dinitrophenol (Phenol, 2,4-dinitro-) 2,4-Dinitrotoluene (Benzene, 1-methyl-2,4-dinitro-) 2,6-Dinitrotoluene (Benzene, 1-methyl-2,6-dinitro-) Di-n-octyl phthalate (1,2-Benzenedicarboxylic acid, dioctyl ester) 1,4-Dioxane (1,4-Diethylene oxide) Diphenylamine (Benzenamine, N-phenyl-) 1,2-Diphenylhydrazine (Hydrazine, 1,2-diphenyl-) Di-n-propylnitrosamine (N-Nitroso-di-n-propylamine) Disulfoton (O,O-diethyl S-[2-(ethylthio)ethyl] phosphorodithioate) 2,4-Dithiobiuret (Thioimidodicarbonic diamide) Endosulfan (5-Norbornene, 2,3-dimethanol, 1,4,5,6,7,7-hexachloro-, cyclic sulfite) Endrin and metabolites (1,2,3,4,10,10-hexachloro-6,7-epoxy- 1,4,4a,5,6,7,8,8a-octahydro-endo,endo-1,4:5,8-dimethanonaphthalene, and metabolites) Ethyl carbamate (Urethan) (Carbamic acid, ethyl ester) Ethyl cyanide (propanenitrile) Ethylenebisdithiocarbamic acid, salts and esters (1,2-Ethanediyl- biscarbamodithioic acid, salts and esters) Ethyleneimine (Aziridine) Ethylene oxide (Oxirane) Ethylenethiourea (2-Imidazolidinethione) Ethyl methacrylate (2-Propenoic acid, 2-methyl-, ethyl ester) Ethyl methanesulfonate (Methanesulfonic acid, ethyl ester) Fluoranthene (Benzo[j,k]fluorene) Fluorine 2-Fluoroacetamide (Acetamide, 2-fluoro-) Fluoroacetic acid, sodium salt (Acetic acid, fluoro-, sodium salt) Formaldehyde (Methylene oxide) Formic acid (Methanoic acid) Glycidylaldehyde (1-Propanol-2,3-epoxy) Halomethane, N.O.S.\3\ Heptachlor (4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a- tetrahydro-) Heptachlor epoxide (alpha, beta, and gamma isomers) (4,7-Methano-1H- indene, 1,4,5,6,7,8,8-heptachloro-2,3-epoxy-3a,4,7,7-tetrahydro-, alpha, beta, and gamma isomers) Hexachlorobenzene (Benzene, hexachloro-) Hexachlorobutadiene (1,3-Butadiene, 1,1,2,3,4,4-hexachloro-) Hexachlorocyclohexane (all isomers) (Lindane and isomers) Hexachlorocyclopentadiene (1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-) Hexachloroethane (Ethane, 1,1,1,2,2,2-hexachloro-) 1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a-hexahydro-1,4:5,8-endo,endo- dimethanonaphthalene (Hexachlorohexa-hydro-endo,endo- dimethanonaphthalene) Hexachlorophene (2,2'-Methylenebis(3,4,6-trichlorophenol) Hexachloropropene (1-Propene, 1,1,2,3,3,3-hexachloro-) Hexaethyl tetraphosphate (Tetraphosphoric acid, hexaethyl ester) Hydrazine (Diamine) Hydrocyanic acid (Hydrogen cyanide) Hydrofluoric acid (Hydrogen fluoride) Hydrogen sulfide (Sulfur hydride) Hydroxydimethylarsine oxide (Cacodylic acid) Indeno (1,2,3-cd)pyrene (1,10-(1,2-phenylene)pyrene) Iodomethane (Methyl iodide) Iron dextran (Ferric dextran) Isocyanic acid, methyl ester (Methyl isocyanate) Isobutyl alcohol (1-Propanol, 2-methyl-) Isosafrole (Benzene, 1,2-methylenedioxy-4-allyl-) Kepone (Decachlorooctahydro-1,3,4-Methano-2H-cyclobuta[cd]pentalen-2- one) Lasiocarpine (2-Butenoic acid, 2-methyl-, 7-[(2,3-dihydroxy-2-(1- methoxyethyl)-3-methyl-1-oxobutoxy)methyl]-2,3,5,7a- tetrahydro-1H- pyrrolizin-1-yl ester) Lead and compounds, N.O.S.\3\ Lead acetate (Acetic acid, lead salt) Lead phosphate (Phosphoric acid, lead salt) Lead subacetate (Lead, bis(acetato-0)tetrahydroxytri-) Maleic anhydride (2,5-Furandione) Maleic hydrazide (1,2-Dihydro-3,6-pyridazinedione) Malononitrile (Propanedinitrile) Melphalan (Alanine, 3-[p-bis(2-chloroethyl)amino]phenyl-,L-) Mercury fulminate (Fulminic acid, mercury salt) Mercury and compounds, N.O.S.\3\ Methacrylonitrile (2-Propenenitrile, 2-methyl-) Methanethiol (Thiomethanol) [[Page 663]] Methapyrilene (Pyridine. 2-[(2-dimethylamino)ethyl]-2-thenylamino-) Metholmyl (Acetimidic acid, N-[(methylcarbamoyl)oxy]thio-, methyl ester) Methoxychlor (Ethane, 1,1,1-trichloro-2,2'-bis(p-methoxyphenyl)-) 2-Methylaziridine (1,2-Propylenimine) 3-Methylcholanthrene (Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-) Methyl chlorocarbonate (Carbonochloridic acid, methyl ester) 4,4'-Methylenebis(2-chloroaniline) (Benzenamine, 4,4'-methylenebis- (2- chloro-) Methyl ethyl ketone (MEK) (2-Butanone) Methyl hydrazine (Hydrazine, methyl-) 2-Methyllactonitrile (Propanenitrile, 2-hydroxy-2-methyl-) Methyl methacrylate (2-Propenoic acid, 2-methyl-, methyl ester) Methyl methanesulfonate (Methanesulfonic acid, methyl ester) 2-Methyl-2-(methylthio)propionaldehyde-o-(methylcarbonyl) oxime (Propanal, 2-methyl-2-(methylthio)-, 0-[(methylamino)carbonyl]oxime) N-Methyl-N'-nitro-N-nitrosoguanidine (Guanidine, N-nitroso-N-methyl-N'- nitro-) Methyl parathion (0,0-dimethyl 0-(4-nitrophenyl) phosphorothioate) Methylthiouracil (4-IH-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-) Molybdenum and compounds, N.O.S.\3\ Mustard gas (Sulfide, bis(2-chloroethyl)-) Naphthalene 1,4-Naphthoquinone (1,4-Naphthalenedione) 1-Naphthylamine (alpha-Naphthylamine) 2-Naphthylamine (beta-Naphthylamine) 1-Naphthyl-2-thiourea (Thiourea, 1-naphthalenyl-) Nickel and compounds, N.O.S.\3\ Nickel carbonyl (Nickel tetracarbonyl) Nickel cyanide (Nickel (II) cyanide) Nicotine and salts (Pyridine, (S)-3-(1-methyl-2-pyrrolidinyl)-, and salts) Nitric oxide (Nitrogen (II) oxide) p-Nitroaniline (Benzenamine, 4-nitro-) Nitrobenzine (Benzene, nitro-) Nitrogen dioxide (Nitrogen (IV) oxide) Nitrogen mustard and hydrochloride salt (Ethanamine, 2-chloro-, N-(2- chloroethyl)- N-methyl-, and hydrochloride salt) Nitrogen mustard N-Oxide and hydrochloride salt (Ethanamine, 2-chloro-, N-(2-chloroethyl)-N-methyl-, and hydrochloride salt) Nitroglycerine (1,2,3-Propanetriol, trinitrate) 4-Nitrophenol (Phenol, 4-nitro-) 4-Nitroquinoline-1-oxide (Quinoline, 4-nitro-1-oxide-) Nitrosamine, N.O.S.\3\ N-Nitrosodi-n-butylamine (1-Butanamine, N-butyl-N-nitroso-) N-Nitrosodiethanolamine (Ethanol, 2,2'-(nitrosoimino)bis-) N-Nitrosodiethylamine (Ethanamine, N-ethyl-N-nitroso-) N-Nitrosodimethylamine (Dimethylnitrosamine) N-Nitroso-N-ethylurea (Carbamide, N-ethyl-N-nitroso-) N-Nitrosomethylethylamine (Ethanamine, N-methyl-N-nitroso-) N-Nitroso-N-methylurea (Carbamide, N-methyl-N-nitroso-) N-Nitroso-N-methylurethane (Carbamic acid, methylnitroso-, ethyl ester) N-Nitrosomethylvinylamine (Ethenamine, N-methyl-N-nitroso-) N-Nitrosomorpholine (Morpholine, N-nitroso-) N-Nitrosonornicotine (Nornicotine, N-nitroso-) N-Nitrosopiperidine (Pyridine, hexahydro-, N-nitroso-) Nitrosopyrrolidine (Pyrrole, tetrahydro-, N-nitroso-) N-Nitrososarcosine (Sarcosine, N-nitroso-) 5-Nitro-o-toluidine (Benzenamine, 2-methyl-5-nitro-) Octamethylpyrophosphoramide (Diphosphoramide, octamethyl-) Osmium tetroxide (Osmium (VIII) oxide) 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid (Endothal) Paraldehyde (1,3,5-Trioxane, 2,4,6-trimethyl-) Parathion (Phosphorothioic acid, O,O-diethyl O-(p-nitrophenyl)ester) Pentachlorobenzene (Benzene, pentachloro-) Pentachloroethane (Ethane, pentachloro-) Pentachloronitrobenzene (PCNB) (Benzene, pentachloronitro-) Pentachlorophenol (Phenol, pentachloro-) Phenacetin (Acetamide, N-(4-ethoxyphenyl)-) Phenol (Benzene, hydroxy-) Phenylenediamine (Benzenediamine) Phenylmercury acetate (Mercury, acetatophenyl-) N-Phenylthiourea (Thiourea, phenyl-) Phosgene (Carbonyl chloride) Phosphine (Hydrogen phosphide) Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester (Phorate) Phosphorothioic acid, O,O-dimethyl O-[p-((dimethylamino)sulfonyl)phenyl] ester (Famphur) Phthalic acid esters, N.O.S.\3\ (Benzene, 1,2-dicarboxylic acid, esters, N.O.S.\3\) Phthalic anhydride (1,2-Benzenedicarboxylic acid anhydride) 2-Picoline (Pyridine, 2-methyl-) Polychlorinated biphenyl, N.O.S.\3\ Potassium cyanide Potassium silver cyanide (Argentate(1-), dicyano-, potassium) Pronamide (3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) 1,3-Propane sultone (1,2-Oxathiolane, 2,2-dioxide) n-Propylamine (1-Propanamine) Propylthiouracil (Undecamethylenediamine, N,N<SUP>,</SUP>-bis(2- chlorobenzyl-), dihydrochloride) [[Page 664]] 2-Propyn-1-ol (Propargyl alcohol) Pyridine Radium -226 and -228 Reserpine (Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[3,4,5- trimethoxybenzoyl)oxy]-, methyl ester) Resorcinol (1,3-Benzenediol) Saccharin and salts (1,2-Benzoisothiazolin-3-one, 1,1-dioxide, and salts) Safrole (Benzene, 1,2-methylenedioxy-4-allyl-) Selenious acid (Selenium dioxide) Selenium and compounds, N.O.S.\3\ Selenium sulfide (Sulfur selenide) Selenourea (Carbamimidoselenoic acid) Silver and compounds, N.O.S.\3\ Silver cyanide Sodium cyanide Streptozotocin (D-Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-) Strontium sulfide Strychnine and salts (Strychnidin-10-one, and salts) 1,2,4,5-Tetrachlorobenzene (Benzene, 1,2,4,5-tetrachloro-) 2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) (Dibenzo-p-dioxin, 2,3,7,8- tetrachloro-) Tetrachloroethane, N.O.S.\3\ (Ethane, tetrachloro-, N.O.S.\3\) 1,1,1,2-Tetrachlorethane (Ethane, 1,1,1,2-tetrachloro-) 1,1,2,2-Tetrachlorethane (Ethane, 1,1,2,2-tetrachloro-) Tetrachloroethane (Ethene, 1,1,2,2-tetrachloro-) Tetrachloromethane (Carbon tetrachloride) 2,3,4,6,-Tetrachlorophenol (Phenol, 2,3,4,6-tetrachloro-) Tetraethyldithiopyrophosphate (Dithiopyrophosphoric acid, tetraethyl- ester) Tetraethyl lead (Plumbane, tetraethyl-) Tetraethylpyrophosphate (Pyrophosphoric acide, tetraethyl ester) Tetranitromethane (Methane, tetranitro-) Thallium and compounds, N.O.S.\3\ Thallic oxide (Thallium (III) oxide) Thallium (I) acetate (Acetic acid, thallium (I) salt) Thallium (I) carbonate (Carbonic acid, dithallium (I) salt) Thallium (I) chloride Thallium (I) nitrate (Nitric acid, thallium (I) salt) Thallium selenite Thallium (I) sulfate (Sulfuric acid, thallium (I) salt) Thioacetamide (Ethanethioamide) Thiosemicarbazide (Hydrazinecarbothioamide) Thiourea (Carbamide thio-) Thiuram (Bis(dimethylthiocarbamoyl) disulfide) Thorium and compounds, N.O.S.,\3\ when producing thorium byproduct material Toluene (Benzene, methyl-) Toluenediamine (Diaminotoluene) o-Toluidine hydrochloride (Benzenamine, 2-methyl-, hydrochloride) Tolylene diisocyanate (Benzene, l,3-diisocyanatomethyl-) Toxaphene (Camphene, octachloro-) Tribromomethane (Bromoform) 1,2,4-Trichlorobenzene (Benzene, 1,2,4-trichloro-) 1,1,1-Trichloroethane (Methyl chloroform) 1,1,2-Trichloroethane (Ethane, 1,1,2-trichloro-) Trichloroethene (Trichloroethylene) Trichloromethanethiol (Methanethiol, trichloro-) Trichloromonofluoromethane (Methane, trichlorofluoro-) 2,4,5-Trichlorophenol (Phenol, 2,4,5-trichloro-) 2,4,6-Trichlorophenol (Phenol, 2,4,6-trichloro-) 2,4,5-Trichlorophenoxyacetic acid (2,4,5-T) (Acetic acid, 2,4,5- trichlorophenoxy-) 2,4,5-Trichlorophenoxypropionic acid (2,4,5-TP) (Silvex) (Propionoic acid, 2-(2,4,5-trichlorophenoxy)-) Trichloropropane, N.O.S.\3\ (Propane, trichloro-, N.O.S.\3\) 1,2,3-Trichloropropane (Propane, 1,2,3-trichloro-) O,O,O-Triethyl phosphorothioate (Phosphorothioic acid, O,O,O-triethyl ester) sym-Trinitrobenzene (Benzene, 1,3,5-trinitro-) Tris(1-azridinyl) phosphine sulfide (Phosphine sulfide, tris(1- aziridinyl-) Tris(2,3-dibromopropyl) phosphate (1-Propanol, 2,3-dibromo-, phosphate) Trypan blue (2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl (1,1'- biphenyl)- 4,4'-diyl)bis(azo)]bis(5-amino-4-hydroxy-, tetrasodium salt) Uracil mustard (Uracil 5-[bis(2-chloroethyl)amino]-) Uranium and compounds, N.O.S.\3\ Vanadic acid, ammonium salt (ammonium vanadate) Vanadium pentoxide (Vanadium (V) oxide) Vinyl chloride (Ethene, chloro-) Zinc cyanide Zinc phosphide [50 FR 41862, Oct. 16, 1985, as amended at 52 FR 31611, Aug. 21, 1987; 52 FR 43562, Nov. 13, 1987; 53 FR 19248, May 27, 1988; 55 FR 45600, Oct. 30, 1990; 56 FR 23473, May 21, 1991; 58 FR 67661, Dec. 22, 1993; 59 FR 28229, June 1, 1994; 64 FR 17510, Apr. 12, 1999]

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