ML16342D055
| ML16342D055 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/21/1995 |
| From: | Stone J NRC (Affiliation Not Assigned) |
| To: | Shaulis D CALIFORNIA, STATE OF |
| References | |
| TAC-M93390, TAC-M93391, NUDOCS 9509260214 | |
| Download: ML16342D055 (6) | |
Text
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 21, 1995 Mr. Donald I. Shaulis Department of Toxic Substances Control Region I 10151 Croydon Way, Suite 3
Sacramento, CA 95827-2106
SUBJECT:
HAZARDOUS WASTE FACILITY PERMIT CLASS 3 MODIFICATION, PACIFIC GAS AND ELECTRIC COMPANY, DIABLO CANYON POWER PLANT (DCPP),
AVILA BEACH, SAN LUIS OBISPO
- COUNTY, EPA I.D. NO.
CAD077966349 (TAC NOs.
M93390 AND M93391)
Dear Mr. Shaulis:
In a letter dated August 24,
- 1995, you requested information from the U.S.
Nuclear Regulatory Commission (NRC) on the NRC's role in monitoring the generation, treatment,
- storage, and off-site transportation activities for mixed waste at the Diablo Canyon Power Plant (DCPP).
In addition, you requested information about the available treatment and disposal capacity for mixed waste.
J In October
- 1992, Congress enacted the Federal Facilities Compliance Act (FFCA)
- which, among other things, added a definition of mixed waste to the Resource Conservation and Recovery Act (RCRA).
Mixed waste is defined in the FFCA as "waste that contains both hazardous waste and source, special
- nuclear, or byproduct material subject to the Atomic Energy Act of 1954."
Persons who
- generate, treat, store or dispose of mixed waste are subject to the requirements of the Atomic Energy Act (AEA) of 1954, as amended and the Solid Waste Disposal Act (SWDA) as amended by the
The Federal agencies responsible for ensuring compliance with the implementing regulations of these two statutes are the NRC and the Environmental Protection Agency (EPA).
The RCRA. Subtitle C program was primarily developed for implementation by the
- States, and oversight'by EPA.
As of April 1995, EPA regulates mixed waste in Alaska, Hawaii,
- Iowa, Wyoming and all U.S. Trust Territories except Guam.
Thirty-eight states and one territory (Guam) have been authorized to implement the base RCRA hazardous waste program (i.e., authorized states),
and to regulate mixed waste activities.
Nine states are authorized for the RCRA base hazardous waste
- program, but have not been authorized to regulate mixed waste.
In these nine states, mixed waste is not regulated by EPA, but may be regulated by states under the authority of state law.
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Mr. Donald I. Shaulis September 21, 1995 Twenty-nine states have signed agreements with NRC enabling the various
."Agreement States" to regulate
- source, byproduct, and small quantities of special nuclear material within their boundaries.
Most facilities located in Agreement States are subject to regulatory requirements for radioactive material under state law.
This applies to all source, special
- nuclear, and byproduct material except that from nuclear utilities and fuel cycle facilities, which are subject to NRC's requirements and Department of Energy (DOE) facilities, which are subject to DOE Orders.
NRC regulations exist to control the byproduct,
- source, and special nuclear material components of commercial mixed low level waste (LLM); EPA has the authority and continues to develop regulations to control the non-radioactive component of the mixed LLM.
Thus, the individual constituents of commercial mixed LLM are subject to either NRC or EPA regulations.
- However, when the components are combined to become mixed LLM, neither statute has exclusive jurisdiction.
This has resulted in a situation of dual regulation where both NRC and EPA may regulate the same waste.
In accordance with Part 20 of Title 10 of the Code of Federal Regulations, "Standards for Protection Against Radiation" (Enclosure I),
DCPP is required to implement controls to ensure appropriate posting, labeling, surveying, monitoring, and storage of radioactive materials, which includes mixed waste.
To ensure the adequacy of DCPP's controls, the NRC regional staff performs periodic inspections at DCPP in accordance with NRC Inspection Manual Inspection Procedure
- 84750, "Radioactive Maste Treatment, and Effluent and Environmental Monitoring" (Enclosure 2).
Since the NRC has authority to regulate only the radioactive component of the mixed waste, this aspect is the area in which the NRC focuses its inspection efforts.
Additionally, Part 71 of Title 10 of the Code of Federal Regulations, "Packaging and Transportation of Radioactive Material" (Enclosure 3), establishes the requirements for packaging, preparation for shipment, and transportation of licensed radioactive material.
However, the packaging and transport of licensed radioactive material are also subject to the regulations of other agencies (e.g.,
the U.S. Department of Transportation and the U.S. Postal Service).
On July 28, 1995, the NRC and EPA jointly published a draft guidance document on the storage of mixed waste for public comment.
The Agencies developed this guidance to assist mixed waste generators forced to store their mixed waste, pending the development of adequate treatment and disposal capacity for commercially generated mixed waste.
The public comment period ends on November 6, 1995, at which time the Agencies will incorporate the comments as appropriate and issue final guidance.
Enclosure 4 contains the notice that was published in the Federal Register.
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Hr. Donald I. Shaulis September 21, 1995 Also included a copy of NUREG/CR-5938, "National Profile on Commercially Generated Low-Level Radioactive Mixed Waste" (Enclosure 5).
The report is a
national profile on the volumes, characteristics, and treatability of commercially generated low-level mixed waste for 1990 by five major facility categories:
- academic, industrial, medical, and NRC/Agreement State-licensed government facilities and nuclear utilities. It should be noted that the NRC does not endorse the companies identified in this report.
If you have further questions, please contact me at (301) 415-3063.
Sincerely, Original Signed By James C. Stone, Senior Project Manager Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Docket Nos.
50-275 and 50-323
Enclosures:
As stated cc w/o encls:
Hr. Gregory M. Rueger Pacific Gas and Electric Company NPG Hail Code AlOD P.O.
Box 770000 San Francisco, California 94177 DISTRIBUTION w o
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Adensam W. Bateman J.
Stone enclosures S.
- Salomon, 0-3D23 D. Orlando, T-8F37 T. Essig, 0-9H15 H.
- Wong, WCFO D. Corporancy, WCFO K. Thomas E.
Peyton DOCUMENT NAME:
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