ML19207A269

NRC Div of Waste Mgt Staff Response to NRDC Allegations of Fact

ML19207A269
Person / Time
Issue date:	08/08/1979
From:	NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
References
RULE-PRM-20-7 NUDOCS 7908140400
Download: ML19207A269 (26)

Text

~

NRC Division of Waste Management Staff Response to NRDC " Allegations of Fact" Six of the ten " allegations of fact" made by the petitioner specifically referenced a report to Congress by the Comptroller General of the United States (" Improvements Needed in the Land Disposal of Radioactive Wastes--A Problem of Centuries," General Accounting Office (GA0), January 12,1976),

NRC staff responded to the findings and recommendations of this GA0 report by letter

• dated April 2, 1976.

Many of the issues raised in the petition, allegations, and GA0 Report were also covered in some detail in a subsequent NRC Task Force Report, entitled "NRC Task Force Report on Review of the Federal / State Program for Regulation of Commercial Low-Level Radioactive Waste Burial Grounds" (NUREG-0217, f' arch 1977).* This Task Force report was also responsive to issues raised by the Joint Cornittee on Atenic Energy (JCAE) and the House Cornittee on Government Operations.

Based on this Task Report; public cor.9ents en the Task Report; data gleaned from review of technical documents and participation in conferences, meetings, and discussions attended by industrial, State, and public organizations; and consideration of the points, allegations, and recorrendations concained in the petition, corrents on the petition and other correscondence and docurents; NRC staff fomulated a program plan for icw-level waste managerent.

• Copies of tne April 2,1976 letter to the Comptroller General and NUREG-0217 are enclosed.

79081404co Lu

,,)

,c

2 This program plan was published as NUREG-0240" ("The NRC Low-Level Radioactive Waste Management Program," September 1977) and noticed in the Federal Register on December 7, 1977.

Periodic updates of NijREG-0240 are planned and the first update is expected in 1979.

The progress made to date in NRC's program of technical study and regulation development will be summarized in the update and further refinements to the program discussed.

In accordance with the program, NRC has underway a regulations development effort for management and disposal of low-level waste.

As one part of this effort, NRC will establish a direct relationship between the form and chemical and radionuclide content of different types of low level radioactive wastes and their requirements for safe disposal.

In another part of this effort, NRC will specify the administrative and technical criteria for siting, designing, operating, closing, and maintaining over the long term a low level waste disposal facility.

Disposal of waste containing very low concentrations and quantities of radioactive material will also be addressed.

The regulations will specify general requirements applicable to a wide range of disposal methods, including requirements on administrative procedures and institutional recairements; general performance objectives for a disposal facility; waste form and content; siting, design, and operations; monitoring; and site closure, funding, and long term care.

Specific criteria, requirements, and limitations for specific disposal methods will be addressed in appendices to the low level waste regulations.

The regulations and supporting environmental impact state-ments are scheduled for publication for public comment in 1980.

• Copy of NUREG-0240 is enclosed.

-n j.)

3 NRC Staff Resoonse to Individual Allecations (1)

"Two of the existing commercially-operated low-level waste disposal sites have experienced migration of radionuclides away from burial trenches, less than 15 years after wastes were buried."

The petitioner references instances in which it was detemined that burial sites located in Maxev Flats, Kentucky and West Valley, New York had been contributing radioactivity to the local environrent.

A detailed surrary of major events at Maxey Flats frm 1970 to 1976 is included in the enclosed April 2,1976 letter to the Comptroller General of the United States.

Con-densed reviews through 1976 of conditions at the two sites are presented in NUREG-0217 and these reviews are reproduced below along with short reviews or' developments since 1976. A general discussion of low-level waste burial practices along with a discussion of We% Valley, Maxey Flats, and other disposal sites can he found in NUREG-J216 ("Public Comrents and Task Force Responses Regarding the Environment 31 Survey of the Reprocessing and Waste Management Portions of the LWR Fuel Cycle," March 1977).

Folicwing these reviews cf conditions and developrents at the two sites, NPC staff have added their comments on this allegation.

Kentuckv* - In the early 1970s, Kentucky became concerned about the accurulation of water in ccrpleted trenches at the Maxey Flats Burial

• Excerpted tron NUREG-0217.

- 1

(,

u oi

4 Ground and the increase in the volume and quantity of waste being received at the site for burial.

Kentucky required the Maxey Flats site operator (the Nuclear Engineering Compan, Inc.-NECO) to institute a water management pr'o-gram at the site which included pumping water from trenches to above-ground storage tanks and installing an evaporator to concentrate the pumped liquids for disposal as solids.

In October 1974, Kentucky infomed the NRC of the results of their special six-month environrental study at Maxey Flats.

The study, published in Dectnher 1974, concluded that the burial ground was contributing radioactivity to the local environment, but at levels which did not present a public health hazard. They identified tritium, cobalt-60, strontiun-89 and 90, cesium-134 and 137, and plutonium-238 and 239 in individual samr'cs in the unrestricted environment.

The levels ranged from slightly above background to orders of magnitude above background for certain individual camples.

Kentucky reccm-mended further studies at the site to assess the long range health and safety significance of their findings.

Kentucky expanded their Radioactive Waste Disposal Environmental Study Design Coenittee to include members from other Kentucky and Federal agencies and held a meeting in February 1975. The NRC participated.

The Committee recorrended a six point progran for further studies at the Maxey Flats site.

The studies included a deep geology study, a weathered zone study, and an environmental-biological exposure pathway study.

The Committee estinated that the cost for completien of all studies would axceed one million dollars.

3

(; ; u JJ'

5 On April 30,197E, The Governor of Kentucky, Julian M. Carroll, requested the NRC to independently assess conditions, at the Maxey Flats site and to provide him with findings and recorrendations.

An NRC review group was appointed and reviewed infomation about the site, conducted a site visit and met with Kentucky and NECO officials. The NRC concluded, on the basis of their study, that there is no significant public health problem associated with the release of radioactive material frcn the burial ground and that Kentucky has taken appropriate action to implement the reccrnrendations made in their December 1974 recort.

The NRC also made several recorrendations concerning methods to improve the water management progran and to minimize the potential for migra-tion of radioactivity. Governor Carroll was infomed of the results of the NRC review in July 1975. He subsequently issued a press release indicating the NPC was responsive to his request and directed the Kentucky Department for Hanan Resources to carry out the NRC's recommendations.

Kentucky has taken action to carry out the NRC's reconmendations and has continued an extensive environmental monitoring program.

Several USGS research studies are currently under way at the site.

An EPA press release in January 1976 focused a great deal of public attention on shallow land burial grounds.

The press release concerned an EPA report

• which presented environmental data developed during Kentucky's six-month study, described various potential migration pathways and drew conclusions

• Meye r, G. L., " Preliminary Data on the Occurrence of Tranwranium Nuclides in the Environrent at the Radioactive Waste Burial Site, M.<xey Flats, Kentucky," U.S. EPA Report, EPA-520/3-75-021, February 19~6.

'7 t;

'>J

6 from EPA's analysis of the Kentucky data. The EPA report was reviewed by the NRC and coerents provided to' EPA.

t!RC. commented that the report failed to give cdequate attention to'the public health and safety significance of the data and that the paper was prelininary in nature since it presented several can.;1usions concerning pathways for migration of plutonium based on data which the author concec'ed equally supported other possibilities.

The Kentt.cky Legislature imposed a 10 cents per pound excise tax on waste received at the site for burial, effective in June 1976. The tax was intended to assure that adequate funds for any contingency were available.

Prices at other sites detemined were pr imarily on a cubic foot basis and ranged from 3

$1.25/ft to $3.25/ft for most categories of waste. The additional tax in Kentucky resulted in a disposal cost that was 3 or 4 tires higher than the charges at other si'.es.

Develoorents in Kentucky Since 1076 In response to NPC's recorrendations, Kentucky recuired the site operator to continue to remove water from trenches to minimize potential for migration of radioactivity and to bring and raintain the trenches in a dry status. Water collecting in the trenches was seen to principally result from infiltration rather than from groundwater movonent.

Improvements in operations undertaken at tre site to reduce the likelihood of water contacting the buried waste have included grading and improving surface drainage, recapping of older trenches to reduce cap permeability, improving procedures for capping new trenches, establishing a vegetation cover over comoleted trenches, eliminating all onsite nonengineered ponds, installing additional sumes in new trenches to facilitate water renoval, routine

~if h,o t

7 backfilling of waste as it was placed in the trench, and reroving precipitation from trenches as 'the trenches were being filled.

These ef forts, plus the removal of several areas of surface contamination, have been effec-tive in reducing the release of radioactivity from the site, and radioactivity levels detectable in the offsite environment have decreased.

During the second half of 1976 and through 1977, the Maxey Flats site was virtually unused due to the imposition by the Kentucky legislature of the 10 cents per pound excise tax on waste received at the site.

The site was closed on December 27, 1977.

Following negotiations with the site operator, the State of Kentucky assumed responsibility for management and control of the site. As of July 1,1979, the site is still closed and the State has trade no decisions regarding decommissioning or future use of the site.

Oncoino Studies at Maxev Flats. A January 1977 report of a more recent study

• by EPA indicated that the principal vehicle of radioactivity release from the site appeared to te precipitation run-off from the surface of.he site. The report further noted that contanination of the surface cotid have resulted from spills during burial operations, deposition fron1 the evaporator, and lateral migration through the soil, but the relative contributions from these sources could not be determined.

The report noted that subsurface migration may be occurring but states:

ventgerery, D. M., <cdle, H. E., and Blanchard, R. L., " Radiological Measurerents at the Maxey Flats Radicactive Waste Burial Site - 1974 to 1975, "USEPA Report, EPA-520/5-76/020, January 1977.

8 "Although subsurface migration is app 3rently the major pathway responsible for the presance of radionuclides in the wells, possible contaminaticn durina drillino or frca contaminated surface water entering the wells at the casing-soil iitte'rface cannot be excluded.

Even though

~

subsurface transport might explain the occurrence of radionuclides in the test wells, their presence offsite--in the Main East Wash, No-Nare Holicw Creek, Rock Creek, etc.--appears to be primarily from surface water run-off and evaporator plume deposition.

Additional geological, hydro-logical, and radiological measurements would be necessary to evaluate the extent of subsurface migration of radionuclides from the trenches."

Another study was conducted by Dames and Moore for the State of Kentucky and a report published in March 1977.* This study compiled the results of a number of reasurenent and sampling programs conducted by a number of agencies and organizations, including the site operator, the State of Kentucky, USGS, and EPA.

The Danes and Moore report concluded that evaporator effluent and surface water runoff were at the time the major contributors to off-site radioactivity and reconmended additional prograns to further define hydro-geologeolcgical parameters at the site.

The report also concludec that there was no significant public health problem associated with the release of radioactive material at the site.

An update of January 1977 EPA study report was published in September 1973.**

The update stated "the results of four years of study, although limited in scope, described ir this and the previous report, verify with little cuestien

• • Assessmenc of tne Levels, Potential Origins and Transport Routes of the Radioactivity Measured in the Vicinity of the Faxey Flats Low-level Radio-active Disposal Site, "crepared for the Executive Department for Finance and Administration, Commonwealth of Kentucky, by Da es and Poore, March 1977 (hereafter ter ed the Dames and Moore Pecort).

• • 3lanchard, R. L. et al., " Supplementary Radiological Measurerents at the Maxey Flats Radioactive Waste Eurial Site - 1976 to 1977, " EPA-520/5-78-001, 1978.

i

, [g Jd

9 that individuals in the vicinity of the Maxey Flats burial sites are not exposed significantly to radiation from the burial site.

Considering the small radiation doses computed from measurements made during these studies and the limited population involved, no apparent health effects can be expected."

The update stated that the levels of radioactivity in surface run-off from the site had decreased.

In addition, the update stated that since the initial report, the operation of the evaporator was reduced from a 24-hour to an 8-hour, 5-day per week schedule. This reduced operation lessened the quanti-ties of radioactivity contributed to the environment form the evaporator ef fl eun t. " A number of additional short-tenn projects were also recommended in the update.

NRC is also conducting field studies at the Paxey Flats site.

Under contract to NRC's Office of Research (RES), Brookhaven National Laboratories (BNL) is developing sample collection ana processing procedures, analyzing physical, chemical, and biological properties, and performing studies on the uptake of radionuclides by soil from the t'ench water.

Further work is directed at determining interacticns between organic material and radionuclides in trench water and identifying organo-radionuclide complexes.

NRC is providing analytical services for samples collected at existing com-mercial sites (the f'axey Flats site in addition to the Sheffield and 'r!est Vallev sites) in a USGS study to quantify hydrogeologic parareters necessary to evaluate radionuclide transport by groundwater.

The data collected will t'e incorpcrated into a Final Report on this study, which is to be cenpleted by USGS by Fay 1981.

~ ^' }

( ) _; O I"

10 The NRC Office of Research, in ccoperation with the State of Kentucky, has initiated a study to analyze parame_ters associated with radionuclide transport at the Paxey Flats site. This effort involves radiological analysis of the evaporator effluent, offsite air monitoring samples, and sediment and water in surface runoff channels and streams. The cuantity of precipitation which infiltrates the soil is being measured.

Effluents (gases and leachates) from selected trenches are also being cuanti#ied. This study is scheduled to be completed by October 1979.

'few York * - In March 1975, the NRC was infonned of a water seepage problem at the West Valley, flew York burial ground.

The State had noted increased levels of tritium in water samples taken from onsite monitoring stations.

The scurce was traced to water seeping out of the caps cf two trenches (located in the northern part of the State-licensed dispesal site).

The flow was estimated to be approximately 1 gallon per day. The seepage resulted from the compaction of wast.

the trench and the filling up of the trench with water and sub-secuent seepage thrcugh the low end of the trench.

The site operator, Nuclear Fuel Services, Inc., (NFS) diverted seepage to a holding lagoon.

No signifi-cant increase in radioactivity in the unr estricted environnant was detected.

A meeting of Federal, State and NFS representatives was held at the site on Marcn 11,1975.

Based on discussions between NFS and State representatives, NFS dispatched a letter informing their customers that they were susperiding

• Excerpted frca NI; REG-0217.

~Q

() j O JU

11 operation until the requirements for operation of the site were known and agreed to by the State.

i NFS recuested and obtained approval from the State to pump licuids from the trenches to a holding lagoon.

The licuids are subsequently processed through the recrocessing plants' low-level waste treatment system and released. NFS and State representatives held several meetings since March 1975 to reach agreement on the conditions for reopening and operating the site. Several studies being conducted by the State, EPA, and USGS are also under way at the site. As of December 1976, nc agreement has been reached anc the site remains closed.

Develocments in New York Since 1976.

Since December 1976, the site has been maintained in a shutdown condition with annual or semiannual pumpouts of the northern trenches to preclude seepage. While being maintained in this manner, the site does not pose an immediate health hazard.

Based on a study conducted for the State of New York by the Dares and Moore Corporation, NFS, at the direction of the State of New York, took action in August 1978 to control seepage and erosion in the northern burial area. An additional 1.2 m of compacted silty till was placed on top of trenches 1-5, and the drainage pattern at the northern end of the area was.s'ified.

It is too soon to determine the effectiveness of the procedures, but they are in-tended to reduce percolation through the trench caps and into the buried waste as well as control potential effects of erosion.

Similar water infiltration N3G jai

12 problems have not been experienced in the south burial area where thicker trench caps were used.

DOE has recently ccmpleted a study (" Western New York Nuclear Service Center Study:

Final Report for Public Carment," TID-23905-1 and TID-28995-2, Nov-ember 1978) regarding the disposition of the entire site and facilities, including the reprocessing plant and liquid high-level waste storage tanks.

This study was precipitated, in part, by notification of the New York State Energy Research and Development Administration (NYSERDA) by NFS of NFS's intention to relincoish its rights under the terns of the original contract with the State of New York and surrender responsibility for all wastes at the site to NYSERDA.

NFS later announced its intention to withdraw completely fran the nuclear fuel reprocessing business. The State of New York subse-ouently announced that in its epinion, ownership and responsibility for long-term care of the facility should be borne by the Federal Government.

The DOE study concentrated on evaluating technical options and impacts for the future use of the facility and made recommendations for defining responsi-bility for long-term maintenance and funding. As of July 1,1979, no decision regarding the future use or ownership of the facility has been made.

Other Ongoina Studies at West Valley.

A nurber of additional studies are ongoing at the West Valley site to quantify hydr' geologic parameters, assess the potential for radionuclide migration, and assess the long-tern viability of the site. Two studies are being conducted by NRC. One study was initiated with Battelle Pacific Northwest Laboratories (PNL) to collect data on flow and o

(;36 3'

13 channel characteristics, sediment characteristics, and radionuclide distribution coefficients in sediments, suspended particles, and water.

The other study was initiated "in September 1977 with the New York State Geological Survey (NYSGS).

The purpose of this study is to evaluate gechydrologic charac-teristics of the site and to investigate the potential for radionuclide migration at the burial site by considering surface water processes.

A report summarizing the results of a geothechnical analysis of soil samples taken from test trenches at the site has been published (R. H. Fickies, R. H. Fakundiny, R. T. Mosley, "Geoten nical Analysis of Soil Samples from Test Trench at Western New York NLclear Service Center West Valley, New York,"

(NUREG/

CR-0644, April 1979).

Studies have also been performed by USGS and EPA.

NRC Staff Comments on Alleaation.

NRC staff believes that the word "nigration" does not adequately deribe the occurrences at the two disposal sites.

(Migration actually refers to movement of radionuclides through soil.)

Offsite contamination at the West Valley site was caused by compaction of waste in two of tne trenches at the site and the filling up of the trench with water and subsequent teepage out of the caps of the trenches.

A potential problem regarding erosion of some of the trench caps has also been identified.

At Maxey Flats, there are four possible routes for the release of radioactivity at the site:

1.

Surface water runoff, 2.

Atmospheric fallout frcm tne evaporator, o,' o'

- -)

/

q

14 3.

Lateral movement from trenches through the soil zone, and 4

Movement fra, th trenches through fractures in surrounding rocks.

Studies have concluded that a major portion of the current offsite contamiaation has resulted from the first two routes.

The extent or occur-rence of the latter two possible routes as well as the relative contribution of each possible route has not yet been detemined pending the completion of the studies discussed above.

These occurrences have at no time constituted a threat to the public health and safety in the immediate area around the burial sites.

Furthermore, NRC, the State of New York and the State of Kentucky have taken action to mitigate the consecuences of these occurrences and reduce their likelihood by upgrading water management procedures and operational practices that generally caused or contributed to the occurrences. Currently, both sites are closed and ongoing studies by NRC, EPA, USGS, DOE, and State offices are cuantifying hydro-geologic parameters at the sites, assessing the potential for radionuclide migration, and assessina the long-tem viability and safety of the site.

The occurrences, however, have indicated a need for more specific criteria and standards for management and disposal of low-level vaste. The development of a corprehensive set of such standards is ongoing as part of the NPC low-level radioactive waste management progran.

Data from the field studies discussed above as well as other field studies conducted by NRC and other organizations at other site 3 will be incorporated into the fomulation of the regu!ations.

(;gb E

a '

15 (2)

" Evidence from one commercial disposal site suggests that plutonium has migrated from the burial site to surrounding areas."

The reference is to a publication by the USEPA that was discussed in the staff response to allegation 1.

This publication is entitled " Preliminary Data on the Occurrence of Transuranic Nuclides in the Environment at the Radioactive Waste Burial Site, Faxey Flats, Kentucky," EPA-520/3-75-021, February 1976.

In this document, EPA evaluated environmental data developed during the State of Kentucky's six-month study of the site, described various potential migra-tion pathways, and drew conclusions from EPA's analysis of the Kentucky data.

As stated above, this EPA report was reviewed by the NRC and comments provided to EPA. NRC commented that the report failed to give adequate attention to the public health and safety significance of the data and that the paper was preliminary in nature since it presented several conclusions concerning path-ways for migration based on data which the author conceded ecually supported other possibilities.

In addition, NRC (and EPDA in separate ccarents) ccm-mented that EPA often made indiscriminate and technically inaccurate use of the term " migration" (movement of radionuclides or other material through soil) to describe all modes of potential radionuclide transport.

As discussed in the staff response to allegation 1, the re are four potential modes of travel for plutoniun and other radionuclides resulting ir. offsite contamination at the Maxey Flats disposal facility:

1.

Surface water runof f, 7

f, y u JrJ

16 2.

Atmospheric fallout from the evaporatcr, 3.

Lateral movement frm1 trenches through the soil zone, and 4

Movement from the trenches through fractures in surrounding rocks.

Studies have indicated that the major portion of the current offsite contamination has resulted from the first two routes. The extent or occur-rence of the latter two possible routes as well as the relative contribution of each possible route are still being investigated.

(3)

"The six existing burial sites were selected without adequate study of the geological, hydrological, topographical, and meteorological conditions of the areas in which the sites were located."

Burial sites in Agreement Stai.es--South Carolina, Kentucky, and New York--were State-approved following State review of the gechydrological, meteorological, and tcpographical conditions of the sites and areas in which the sites are located. The USGS was also consulted as part of these state reviews.

The USGS was consulted as part of AEC review of the three other sites--in Illi-nois, Nevada, and Washington--originally licensed by AEC.

(Since the sites in Nevada and Washington were first licensed, both 'Jevada and Washington have beccre Agreerent States.) Original AEC and State site evaluations were all censidered aceouate at the time that they were conducted.

However, NRC staff recognizes a need to upgrade the data base regarding site-!pecific parameters at the existing sites and have instituted (or are

(;.u

17 participatiry in) a number of ongoing or planned studies. As stated previously, t1RC's Office of Research (RES) has ongoing field studies at the t'axey Flats, Kentucky and best Valley, New York sites and plans to conduct similar studies at the sites at Barnwell, South Carolina and Sheffield, Illinois. NRC is also providing analytical services for samples collected at existing commercial sites in a USGS study to cuantify hydrogeologic parareters necessary to evaluate radionuclide transport by groundwater. Other studies are also ongoing by NRC and othe: agencies.

Ongoing licensing actions by the States and NRC are also adding to the IJRC hydrogeological infomation base, as are staff interactions with State and Federal agencies.

Input from these studies, interactions, and licensing actions are being factored into development of a comprehensive regulation,10 CFR Part 61, for the management and disposal of low level radioactive waste. NRC is also developing regulatory guides for shallow land burial and alternative disposal methods to provide guidance to applicants on the contents and fomat of license applications and environmental reports.

A ccmprehensive series of regulatory guides for solids perforrance, siting, design and operation, monitoring and decornissioning, post-operational maintenance, and long-tem care and funding will also be issued. These guides will incorporate the criteria we are developing and outline acceptable practices. Using these data and licensing tools, NRC and Agreement States shall be able to critically assess the adecuacy of any new s4es as well as the existing sites against the recuirerents of 10 CFR Part 61.

)

18 (a)

"Environnental fionitoring programs at several existing waste disposal sites are seriously inadecuate."

The GA0 report cited by the petitioner (" Improvements Needed in the Land Disposal of Radioactive Wastes--A Problem of Centuries," 1976) stated that there is rocn for inprovement, not that the monitoring programs are " seriously inadequate." As noted in NUREG-0217 ("NRC Task Force Report on Review of the Federal / State Program for Regulation of Corrercial Low-Level Radioactive Waste Burial Grounds," March 1977), the recommendations made by the GA0 regarding environmental ronitoring programs were addres.ed in NRC's response to the Comptroller General dated April 2,1976.

Standards for environmental monitoring programs are one of the key issues addressed by NRC in their development of regulations and regulatory guides as part of their low-level waste ranagement program. Criteria and regulations for environnental monitoring programs at shallow land burial grounos will cover all phases of site activities (i.e., preoperation, operation, decornis-sioning, and pos t-operation).

Data and analytical methods for designing and assessing monitoring programs will derive from several sources, including a study of low-level waste chenical toxicity and the field studies described in the staff response to allegations 1 and 3.

(E)

" Improper practices at existing burial sites have been corrected only extremely slowly and sometires not at all."

This allegation references a portion of the January 12,1976 GA0 report which (a) discusses scre apcarent tardiness by the Ne of Kentucky in eroving b)b

[,J

19 water from burial trenches at Maxey Flats, and (b) notes the length of time that NRC licenses for some of the burial grounds had been under timely renewal.

The report also discusses (c) a ne'd to coordinate independent monitoring programs, and (d) a need to study ways to improve recordkeeping practices at disposal sites.

NRC responded to these GA0 concerns by letter dated April 2, 1976 to the Comptroller General. The NRC response is alsc summarized in NUREG-0217.

Further response to the above four points is included below.

As discussed in the staff response to allegation 1, Kentucky and the site a.

operator have responded to NRC's recommendations regarding removal of water from trenches and other improved water management procedures.

b.

AEC licenses for disposal of certain types of waste material have been under timely renewal since 1968 at two disposal sites--Sheffield, Illinois (source, byproduct, and special nuclear material (SNM)), and Ricnland, Washington (SNM only).

The NRC license for disposal of SNM at the Beatty, Nevada site was also under timely renewal for an extended period (nine years) before the license was terminated concurrent with State authorization for receipt and possession of smaller quantities of SNM in 1977.

NRC requested and received updated renewal applications for the remaining two licenses. Summary of the current status of the renewal applications are below:

Sheffield, Illinois site.

The 20 acre site was licensed by AEC in 1967 and about 3 million cubic feet cf wastes were buried through

-']

l).; U

20 April 1978. An environmental report and combination license renewal and site expansion (to 188 acres) application was filed in December 1976. An application for interim capacity while the renewal /expan-sian was processed was filed but subsequently withdrawn. An Atonic Safety and Licensing Board (ASLB) was established and intervenors and hearings were approved in early 1978.

Major problem issues in reviewing the case included the complex stratigraphy of the site and the presence of sand and shale, alternative siting, and site util-ization plans. Nuclear Engineering Company (NECO), the operator and applicant, requested suspension of the licensing proceeding in December 1978 and temination of the proceeding in March 1979.

The ASLB has permitted withdrawal of the expansion application but not the renewal. NECO was ordered back on sita when the Company attempted to unilaterally teminate its license and abandon the site in March.

NECO has agreed to provide site security and monitor and maintain the site until legal issues are resolved. NECO's request for a hearing on the order to return to the site has been granted and the ratter has been referred to the sane ASL3.

The Commission upheld the immediate effectiveness of the order to return to the site. NRC has filed proposed terns and conditions for license temination with the ASLB.

State and federal agencies meet June 25th to discuss various proceedings, studies in prog <ess, agency roles, technical infor-mation needs, and site decenmis,ioning.

Sufficient data rust be

(; s o b>U

21 obtained and evaluated and corrective measures developed, evaluated, and implemented, where nqcessary, to properly stabilize the site for long-term custodial care.

State (site landlord) and operator roles and recponsibilities must be resolved.

Hearings before the ASL3 must be scheduled and completed on both the legal issues of uni-lateral license termination and technical requiremsats for site stabilization and license terrainat,on.

Richland, Washington site.

The NRC review of the SNM disposal renewal application for SNM disposal is being coordinated with the State of Washington's review of an application for renewal of the site operator's source and byproduct material license.

The appli-cant has responded to NRC's request for additional information regarding the site.

A number of draft questions and comments regarding the site operations manuals have teen prepared by the NRC licensing staff and are being closely coordinated with the State.

This will ensure that the requirements of the State and NRC licenses will be compatible.

As part of the State and NRC reviews of the applications, the cont-inued burial of TRU waste at the Richland site is being assessed.

A decision whether to allow or pronibit the burial of TRU waste at that site will be made in connection with these licensing reviews.

Discussions between CCE, the State of Washington, the site operator, and NRC staff have been held regarding the possible discontinuance of TRU ourial at the Richland cornacccial site.

NRC staff h,k

~

22 understands that the State of Washington is considering action, under the State's authority Js site landlord, to discontinue dis-i posal of TRU waste.

'ny action taken at the site regarding disposal of TRU waste will be closely coordinated between NRC and state

staff, c.

Note staff response to allegation 4 d.

Improvements in recordkeeping practices is one of the issues addressed in NRC's low-levei waste ranacement program.

Standards and acceptable procedures for recordkeeping are being addressed in NRC's development of 10 CFR Part 61 and regulatory guides.

(6)

"A radioactive liquid storage tank at one disposal site has already been the subject of sabotage or vandalism "

The petitioner refers to a 1975 occurrence at the l'axey Flats site.

The site operator had installed a number of tanks for temporary storage (prior to processing via evaporation) of contaminated lechate that had been purped frcr the burial trenches. The tanks were all surrounded by a four-foot bem or dike.

In an apparently deliberate act, the contents of one of these tanks was emptied within the bem area.

(The perpetrator of perpetrators are unbcwn, although it may have been connected with labor problems experienced by the site operators at the tire.) The licuid was recovered and the bem area ultirately decontarinated. At no time did this occurrence involve a threat to public health and safety.

(b,b

23 (7) " Plans and funding, rrangements for long-term surveillance of the disposal sites are grossly inadequate at several of the existing commercial burial groundt."_

NRC staff discussed the issues raised by this allegation in detail in NUREG-0217.

Based on landlord / tenant (State / site operator) contracts autho-rized by State law, all six States containing commercial burial sites collect disposal fees from the site one.ator on a per-cubic-foot basis and place the collected fees into a State f oc.d established for long-term care of the sites.

Three of the sites are now closed and collect no Fees.

(A specific fund for long-term care of the Sheffield site was only established in 1977 in Illinois.

Illinois previously chose to assign the collected fees into the State general fund.) However, as noted in NUREG-0217, no national standards are available by which States can evaluate the adequacy of existing long-term care funds or collection rat: 1, evaluate proposed changes to long-term care charges, or evaluate amounts that might be needed for corrective actions if major problems develop in site operations.

Develcpment of such standards is being addressed as part of the low-level waste management program.

In accordance with the program, NRC has initiated a number of studies to develop funding standards, procedures, and predictive tools.

Results from tnese studies will be input into NRC solcomer t funding as an integral part of the proposed low-level waste management regulation.

For use in the interim period prior to promulgation of the low level waste management regulations, NRC's Division of Waste Management, Office of Nuclear Material Safety and Safeguards, has prepared a technical position on l

i r.

t:

24 requirements en low level waste burial ground site closure and stabilization.

This technical position is being incor-porated into the licenses for the three disposal facilities currently open.

(8)

"No site selection criteria or other standards governing the operation of low-level waste burial grounds currently exist."

Again, NPC staff addressed the issues raised by this allegation in detail in NUREG-0217.

Some criteria and standards now exist, but there is need to develcp more specific, unifom standards and regulatory guides.

Site selec-tion and operation criteria and standards are being addressed as part of the low-level waste management program (see NUREG-0240) as discussed in NRC staff res; anse to allegation 3.

(9)

"The U.S. Energy Research and Development Administration which operates burial grounds for the low-level radioactive waste generated by the Federal government has prohibited the burial of waste contaminated by transuranic elements.

ERDA currently reouires storage of such waste so that it can be retrieved within 20 yea s."

DOE is today still following a policy instituted in 1970 by AEC w*

.sby gcvernment-generated transuranic waste was placed into retrievable storage pending developrent of a method for ultimate disposal of the waste. The limit at which waste was to be considered TRU was set at 10 nCi/gm, and was estab-lished as an interin limit by making a rough ccmparison of the hazard of plutonium at this level with the hazard of upper concentrations of naturally-occurring.-adiun.

DOE is currently engaged in an effort to redefine this limit.

f-

')

() s O

25 (10) "The Atomic Energy Coinmission proposed regulations prohibiting the burial of transuranic-contaminated waste at commercial burial grounds in September-1974,.but never made these regulations final."

This is a true statement.

In 1974, the Atomic Energy Commission (AEC) proposed a rule which would have prchibited disposal by shallow land burial of commercially generated transuranic (TRU) waste.

The rule was proposed with the expectatico that the volumes of commercial TRU waste generated would soon greatly increase due to reprocessing spent power reactor fuel.

In the proposed rule, suspect wastes were to be assayed to a sen;itivity limit of 10 nCi/gm of material.

Wastes containing more TRU material than this limit would have been required to be consigned to retrievable storage facilities operated by the Federal government pending the development of a facility for the ultimate disposition of the waste.

The 10 nCi/gm limit was derived from consideration of upper limits for concentrations of naturally-occurring radium in the earth's crust.

Persons commenting on the proposed 1974 rule were generally favorable to the overall concept that the Federal government should accept title to high-level and transuranium waste and be responsible for its subsecuent storage, treat-ment, and disposal.

Numerous problems relating to practical considerations in implementation of the rule (e.g., inadequate justification for the 10 nCi/gm limit, no cost-benefit analysis, no accompanying regulatory guide) were also identified by commenters.

The draft environmental impact statement (WASH-1539) which w1s published to support the proposed TRU rule was withdrawn by the Energy Research and Development Administration (ERCA) when the AEC was 7

() -O 3

26 reorganized to form ERDA and NRC.

Also, the AEC's General Manager failed to produce the packag.ng requiraments Jind a schedule of fees necessary for imple-mentation.

The rule has consequently not been adopted by NRC.

Today, the only commercial disposal site still accepting small quantities of TRU waste for shallow land burial is the site operated by the Nuclear Engine-ering Company (NEBCO) and located in the center of the Hanford Reservation near Richland, Washington.

No public health and safety problems have been identified with the operation of the commercial site.

Reprocessing spent power reactor fuel has been indefinitely deferred as a national policy and the volumes of commercial TRU waste currently generated are small.

Total inven-tories of commercial TRU waste buried at the site are small compared to the inventories already existing on the surrounding Hanford Reservation.

The proposed 1974 rule will be replaced by a waste classification system now under development by NRC.

This classification system is to be used to deter-mine general requirements for safe disposal of all significant radionuclides--

including but not limited to TRU radionuclides--by different low level waste disposal methods.

NRC intends to publish for public comment in 1980 a draft regulation incorporating this classification system.

p

(; ;u i

t

'