ML051250306

Letter Providing Summary of What to Discuss at the Conference of Radiation Control Program Directors, Inc., .Envirocare of Utah, LLC

ML051250306
Person / Time
Site:	Haddam Neck, Big Rock Point  File:Consumers Energy icon.png
Issue date:	04/20/2005
From:	Barney T Envirocare of Utah
To:	Bailey E Conference of Radiation Control Program Directors (CRCPD), NRC/FSME
References
Download: ML051250306 (4)

Text

ENI7IROCAREOF UTAH, LLC.

SAFE AND SECURE April 20, 2005 Chairperson Edgar D. Bailey (CA) A4, Conference of Radiation Control Program Directors, Inc.

205 Capital Avenue Frankfort, KY 40601

Dear Mr. Bailey:

I appreciate the Conference of Radiation Control Program Directors, Inc. (CRCPD) providing Envirocare of Utah, LLC (Envirocare) anr opportunity to address its Board of Directors during the 2005 National Conference in Kansas City. Our presentation addresses the need to establish a Suggested State Regulation (SSR) for a new type of a low-level waste facility. This would be a facility to dispose of very low-activity radioactive waste.

In the interest of maximizing the time allocated to Envirocare, I am providing you a summary of what we would like to discuss.

Such facilities have international precedence. A very low level waste facility has recently been licensed and operates in France. The Spanish government is reviewing a similar proposal.

There also appears to be a need in our nation for a simpler yet protective approach for the disposal of low-activity radioactive waste. The following examples illustrate this need:

• Environmental Protection Agency (EPA) has issued an advance notice of proposed rulemaking that considers using Resource Conservation and Recovery Act (RCRA) landfills for disposal of certain low concentration low-activity radioactive waste.

• NRC has authorized under 10 CFR 20.2002 an exemption for the disposal of contaminated concrete from the Big Rock Nuclear reactor at a RCRA type D landfill in Michigan that is exempted from the need to obtain a disposal license.

• NRC is considering an exemption application under 10 CFR 20.2002 to dispose of contaminated concrete form the Haddam Neck reactor at a RCRA type C landfill in Idaho.

• NRC is also considering a rulemaking to provide for the release of certain radioactive material at RCRA facilities, roadbeds, and other conditional releases.

Rips: *eD 605 NORTH 5600 WEST

• SALT LAKE CITY, UTAH 84116

• TELEPHONE (801) 532-1330

2 Notwithstanding the potential merit of these approaches to address low concentrations of radioactive material, they are not without significant public controversy.

• EPA reports that a majority of the public comments expressed a concern about the perceived weakening of control over and protection from radioactive material.

• Some low-level waste compacts also raised concerns as to whether disposal in RCRA facilities will undermine the financial viability of licensed disposal sites.

• NRC has similarly received negative comments from the public concerning its approaches. Most recently a letter to the NRC dated March 31, 2004, and signed by representatives of more than a hundred public interest groups provided objections to the NRC potential rulemaking suggesting it was a return to the NRC's ill fated "Below Regulatory Concern" efforts.

In our view, what is needed is an approach that is not only protective of public health and safety, but will also generate public acceptance. Therefore, it is proposed that a regulatory process be established to provide for a standard approach for the regulation of low concentrations of low-activity radioactive waste within the framework of the Atomic Energy Act of 1954, as amended, and the Low-Level Radioactive Waste Policy Amendment Act of 1985. This approach will minimize the need to utilize an exemption process for the disposal of certain low-level waste (LLW) at RCRA sites and will prevent inconsistent results and questions of public confidence.

The proposed approach would be to dispose of low-activity radioactive material at a licensed facility within a regulatory framework limited to specified radionuclides and a small fraction of the concentrations of the radionuclides within Class A LLW as described by 10 CFR 61.55. In addition, the performance objectives of Part 61 for this waste would be tightened to limit the dose to the public to a level substantially below the current 25 millirem standard of 10 CFR 61.42. Site specific performance assessments would need to be performed to demonstrate that the performance objectives were met.

By limiting the radionuclides, their concentrations, and the dose cap, low-activity waste would be able to be disposed of safely at a facility designed and licensed for radiological waste that could have less rigorous requirements than sites designed for higher concentrations of Class A waste or Class B and C waste. As a result, the cost for disposal of this waste should be lower than the cost for disposal of such waste at a LLW site licensed under the current 10 CFR Part 61 or Agreement State equivalent regulation.

This approach should assist our nation's efforts to decommission nuclear facilities and dispose of very low level radioactive material.

Envirocare has considered submitting a rulemaking petition with the NRC. However, Envirocare has decided instead to first approach CRCPD to request the initiation of an SSR. An SSR from CRCPD has the following advantages:

• the existing LLW waste sites are in agreement states;

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• the scope of the SSR could address disposal of low concentrations of LLW, as well as, low-activity radioactive material not within NRC jurisdiction such as low concentrations of FUSRAP, NORM, TENORM, NARM , and unimportant quantities of source material;

• the expertise of the states with radioactive waste; and

• the responsibility of the states for low-level waste disposal.

Consistent with past SSRs, it is expected that both NRC, EPA, DOE and the FDA would be involved in the rulemaking process. Given the need for a national policy for waste disposal, the support and participation of these agencies in this effort would be welcomed.

Envirocare looks forward to the discussion of this new concept with CRCPD. If you have any questions in advance of the meeting, please feel free to call me at 801-532-1330.

Sincerely, TS T2 hyBarne4l Senior Vice President cc: Richard A. Ratliff (TX), Board Member, CRCPD John Winston (PA), Board Member, CRCPD Debra McBaugh (WA), Board Member, CRCPD Debbie B. Gilley (FD), Board Member, CRCPD Jay Hyland (ME), Board Member, CRCPD Kathleen McAllister (MA), Board Member, CRCPD Thomas A. Kerr, Executive Director, CRCPD William J. Sinclair, Deputy Director, Utah DEQ Dane L. Finerfrock, Director, Utah DRC Federal Representatives (NRC, DOE, EPA, FDA)

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