NRC Targets Underground Uranium Leaching with New Rules
Published Date: 9/10/2026
Proposed Rule
Summary
The U.S. Nuclear Regulatory Commission (NRC) proposes to amend its regulations that govern the licensing of uranium mills and the disposition of tailings and waste that arise from the extraction and milling of uranium by issuing risk-informed requirements for groundwater protection at uranium in situ recovery (ISR) facilities. The NRC's current regulations are focused on conventional uranium milling and do not expressly address uranium extraction by the ISR process. Additionally, NRC proposes to amend its regulations that govern decommissioning timeliness for all licensees to provide additional flexibility for licensees to delay the initiation of decommissioning activities in situations where safety would not be impacted.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
New ISR Groundwater Rule (Criterion 14)
If you operate or apply to operate an in situ recovery (ISR) uranium facility, the NRC would add a new Criterion 14 to Appendix A to 10 CFR part 40 that codifies ISR-specific groundwater protection requirements. The rule would add ISR definitions, require site characterization and wellfield-specific protections, and cross-reference EPA drinking-water Maximum Contaminant Levels (MCLs); it would apply to an application submitted after the rule's effective date.
Documented Industry and Agency Cost Impacts
The NRC's draft regulatory analysis estimates per-action savings and costs: for each ISR application industry would save $288,600 and the NRC would save $316,200; for each avoided power-reactor decommissioning exemption industry would save $5,920 and the NRC would save $39,500. Agreement States would incur $106,300 to implement the changes and the EPA would incur $12,600 to review the final rule.
Specific ISR Monitoring and Restoration Rules
If you operate an ISR wellfield, the proposed rule requires specific monitoring and restoration steps: at least four independent pre-operational samples per point-of-compliance well taken at least two weeks apart, selection of at least three indicator constituents, a wellfield restoration plan, and at least one year of quarterly post-restoration monitoring at points of compliance. Corrective action is required for events like a confirmed excursion lasting more than 60 days or a statistically significant exceedance during post-restoration monitoring.
More Flexible Decommissioning Timelines
If you hold an NRC license (including power reactor licensees), the NRC proposes to extend notification timeframes and give licensees more flexibility to delay starting decommissioning when safety is not affected. For power reactors, the rule would allow using the exemption process in 10 CFR 50.12 to request delaying completion of decommissioning beyond the current 60-year timeframe.
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Key Dates
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