• Currently, Virginia allows exploration of uranium by permit by the Department of Mines, Minerals and Energy.
• Virginia’s current moratorium can be lifted only if the General Assembly enacts enabling legislation to allow for development of regulations to mine uranium.
•  Regulations would be promulgated by a state agency (probably DMME) under Administrative Process Act requiring public notice and comment.

Uranium Mining:

• In situ leach (ISL) mining is the only mining method regulated by the Nuclear Regulatory Commission (NRC).  ISL will likely not be used at Coles Hill. State law controls regulation of Open-pit and Underground mining except that:
• Under the Clean Water Act, a mine would be required to get a stormwater permit to control rainwater runoff from the Department of Environmental Quality.

 Uranium Mills:

• NRC regulates uranium milling (process of extracting uranium from mined ore) and mill tailings (radioactive wastes produced by the milling process) under Uranium Mill Tailings Radiation Control Act (UMTRCA).
• NRC requires an Environmental Impact Statement (EIS) for any proposed mill.
• Virginia could apply for Agreement State status with the NRC after adopting regulations relating to disposal of tailings.
• An “Agreement State” replaces NRC as regulator of uranium mills and waste. 
• In 1985, Va Coal and Energy Commission recommended seeking agreement state status.
• To become an Agreement State, Virginia would need to have licensing standards “equivalent to the extent practicable or more stringent than standards adopted and enforced by the Commission [NRC].”
• Virginia has applied for agreement state status governing disposal of its low level waste but NOT related to uranium milling (which would need to be a separate application after the moratorium were lifted and regulations were in place).