Regulations And Restoration Of In Situ Uranium Mining In Texas

GENERAL In mid-1974, a representative of ARCO Petroleum Company walked into our Austin offices and asked for a permit for ARCO's first Clay West Mine site. This was the first in situ uranium mining permit issued in the United States. That initial permit, issued in January 1975, was for three acres. The four years since have been characterized by growth and change. Today there are 16 permits approved for approximately 1,540 production acres issued to five companies at eight sites in four counties. There are approximately seven additional permit applications being processed or on the verge of being submitted for an estimated 2,000 additional acres of production. As a rough gauge of the financial scope of this activity, at the typical 40 production wells per acre and an estimated $2,000/well, operators hale installed or committed $122 million for production wells. This does not account for the exploration and development wells installed to delineate the ore or the cost of processing facilities for extracting the uranium. HISTORY OF URANIUM MINING IN TEXAS Information I have concerning early in situ uranium mining activities is "sketchy" but the apparent first on-site test of in situ uranium mining was conducted between 1967 and 1971 at the Dueterstat site, north of Yorktown in Gonzales County, by City Service. Others ran tests at the Bruni site in Webb County and the Burns and Clay West sites in Live Oak County in the mid-70's. During this period, Texas Water Quality Board personnel in the central and district offices maintained a general surveillance of these various test activities. Regulation of in situ uranium mining was formalized with the issuance of a permit in January 1975 with the advent of ARCO's initial production scale (3 acre) effort in the Clay West area at the Moser mine site. Since 1975, the accelerating rate of mining and exploration activity is noticeable. There were 16 exploratory rigs operating early in 1977. This year, the rig count is averaging 46--a 287% increase. HISTORY OF LEGISLATION Paralleling this mining activity was state and federal legislation which subjected in situ mining to environmental regulation. The following is a brief chronology of the legislation that is directly or indirectly related to uranium mining. As most of you know, disposal wells are an integral part of most in situ uranium mines operating in Texas. They are used both during production and during aquifer restoration following production. The wells are regulated by the Texas Injection Well Act, enacted in 1961 by the Texas Legislature. In 1967, the Water Quality Act established the Texas Water Quality Board, and provided for the regulation of water quality by the so-called permit system. In 1969, the Solid Waste Act was enacted by the Texas Legislature. The legislation provides for control of wastes from manufacturing, mining, and agriculture. This Act regulated uranium surface mining activities until 1975 when the Texas Surface and Mining Reclamation Act placed responsibility with the Railroad Commission for uranium open-pit mining and surface mining of coal and lignite. In 1972, the Federal Water Pollution Control Act (Public Law 92-500) was passed. This legislation forms the legal base for the NPDES (National Pollutant Discharge Elimination System) and the subsequent point source effluent guidelines and standards. The November 6, 1975 issue of the Federal Register published interim final rules for Best Practical Treatment levels for effluent discharges from ore mining and dressing operations. Litigation was immediately initiated by eleven companies against these proposed rules, and they are currently being reconsidered for reissuance in 1979. In 1974, the Federal Safe Drinking Water Act (Public Law 93-523) was enacted. A part of this legislation is the Underground Injection Congrol Program. The regulations implementing this program have undergone various public hearings and it is expected that they will be published in the Federal Register before the end of 1978. In 1975, the Texas Surface Mining and Reclamation Act (Senate Bill 55), providing for the Railroad Commission's authority to require reclamation of surface mines, was passed. In 1977, an amendment to Senate Bill 55 was introduced that proposed to place regulation of in situ mining of coal, lignite, and