The Uranium Recovery Industry and In Situ Leach Uranium Recovery Rulemaking

In 2015 and 2017 the U.S. Environmental Protection Agency (EPA) invoked provisions of the Atomic Energy Act of 1954 (AEA), as amended by the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA),and promulgated two proposed rulesrevising its generally applicable standards to which the U.S. Nuclear Regulatory Commission (NRC when referring to the agency and Commission when referring to the body of five political appointees who are the agency's ultimate decisionmakers) must conform its in situ uranium recovery (IRS) and 11e.(2) byproduct materialregulations. Unfortunately, after thoroughly reviewing the proposed rule, industry counsel identified many deficiencies that would render it inconsistent with the relevant UMTRCA provisions. Later, EPA withdrew the proposed rule.