ML19207B906
| ML19207B906 | |
| Person / Time | |
|---|---|
| Issue date: | 08/02/1979 |
| From: | Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML19207B907 | List: |
| References | |
| REF-10CFR9.7 SECY-79-413, NUDOCS 7909060050 | |
| Download: ML19207B906 (13) | |
Text
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August 2,1979 C0RRECTION N0TICE T0 ALL H0LDERS 0F SECY-79-413 - LICENSE REQUIREMENTS FOR URANIUM MILLS
- THE EXECUTIVE DIRECTOR FOR OPERATIONS RAS REQUESTED THAT THE CORRECTED PAGES ENCLOSED WITH THE ATTACHED MEMORANDUM FROM THE DIRECTOR OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS BE INSERTED IN APPENDIX A 0F THE SUBJECT STAFF PAPER IN LIEU OF THE ORIGINAL PAGES.
ATTACHMENT:
AS STATED THE SECRETARIAT SECY NOTE: THIS PAPER IS CURRE"TLY SCHEDULED FOR A COMMISSION BRIEFING AT 3:00 P.M., MONDAY, AUGUST 6,1979 d
79090600 Spot
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o UNITED STATES g
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NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20555 o
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AUG 2 1979 MEMORANDUM FOR:
Samuel J. Chilk Secretary of the Commission f
FROM:
William J. Dircks, Director Office of Nuclear Material Safety and Safeguards THRU:
Lee V. Gossick, Executive Of rector for Operations M
SUBJECT:
LICENSING REQUIREMENTS FOR URANIUM MILLS Enclosed are revised pages 15,17, 21, 21a, 22, 29, 29a, 43, 44 and 45 to Apoendix A of the June 25, 1979 version of SECY-79-413 " Licensing Requirements for Uranium Mills."
These revised pages reflect minor clarifications and/or corrections as identified below. Changes are shown in comparative text.
1.
pages 15 & 17 - The revisions on these pages reflect typographical
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corrections, i.e., replacing the letter "K" with the correct symbol "I" throughout the last paragraph of page 15 and correcti1g the numeration of f 40.2a on page 17.
' 2.
pages 21 and 22 - The date of May 17,1979 (i.e., the date the Commission determined that a t!RC license is required to possess byproduct material in Agreement States), has been incorporated into proposed paragraphs 40.26(b)(2) and 40.31(a)(2).
This is to clarify that the proposed general license is applicable to Agreement Stata licenses issued before May 17, 1979, and that a specific NRC ifcense is required relative to new licenses issued after May 17, 1979. Also, paragraph 40.26(c) has been mcdified to clearly indicate that the proposed general license is subject to applicable provisions of parts 19, 20, 21, and 40 of the Commission's regula-tions (e.g., repcrting, notification, and monitoring requirements, etc.).
paragraph 40.26(c) would now also require the CONTACT-Con ~. Harmon 443-5910 T,
c, ;,
O Commission to be immediately notified of any accidental release of tailings to unrestricted areas and/or unusual conditions which might lead to accidental releases.
3.
Page 29 - This revision reflects a new proposed Criterion 8A in Appendix A of Part 40 which would clearly delineate a requirement j,
for the Commission to be notified of accidental releases of tailings or waste to unrestricted areas and/or unusual conditions which might lead to accidental releases.
4.
Page 44 - The revisions in this page reflect minor modifications to some of the numerical values of licensing fees. These changes are based on more detailed analyses of costs by NMSS.
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5.
Page 4E - The revision on this page deletes proposed 5 170.31 from be1r.g immediately effective. NMSS and OELD have concluded that it is not required to make this proposed section immediately e ffective.
The corrected pages,'aEtached, may be inserted in Appendix A of SECY-79-413 in ' lieu of the original pages 15,17, 21, 22, 29, 44, and 45.
s William v.
Dircks, Director Office of Nuclear Material Safety and Safeguards Enclosures :
Revised Pages to Acpendix A June 25, 1979 Version of SECY-79-413.
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(7590-01]
byproduct and special nuclear materials are used and possessed.
The Com-mission also believes commencement of construction of these plants and facilities may also result in-irreversible and irretrievable commitments of resources.
Therefore, the Commission believes that it is also desirable and necessary that a final environmental impact statement or assessment 'be com-pleted and documented before authorizing commencement of construction.
- Thus, 10 CFR 30.11(b),10 Ch130.33(a)(5),10 CFR 70.14(b) and 10 CFR 70.23(a)(7) h are being amended to cenform to the foregoing amendments to 10 CFR 40.
The proposed amend;nents to 10 CFR Part 150 are to conform to Part 40's new definition of byproduct material and to Part 40's coverage of such byproduct material in Agreement States for the three years folicwing enactment of UMTRCA.
This is in accordance with UMTRCA's provisions requiring NRC licensing of tailings in Agreement States for the three year interin.
Pursuant to UMTRCA, however, Agreement States may exercise
~ concurrent jurisdiction over tailings and wastes for the three year interim.
A new proposed i 150.15a is added to enumerate certain autho-cities reserved in the Commission under UMTRCA.
Paragraph (a) is drawn directly from sections 204(f) and 202(a) of UMTRCA.
Paragraph (b) is extracted from 5 33 of the Atomic Energy Act of 1354, as added by i 202(a) of UMTRCA.
The language of UMTRCA and it legislative history indicate that the NRC is to make the determinations under and establish require-ments pursuant to 5 83, which minimum Federal standards and ceterminations must, under i 204(e) of the UMTRCA, be met ty the Agreement States.
New proposed 5150.31 and 150.32 e.itline requirements in the UMTRCA for Agree-ment State regulation of tailings or activities that produce such tail-ings or wastes.
The new requirements, which become effective after n. O
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i 15 Enclosure "A"
[7590-01]
the Energy Reorganization Act of 1974 (88 Stat. 1242), and Title II of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901).
2.
5 40.h of 10 CFR 40 is added to read as follows:
5 40.2a Temporary coverage in Agreement States.
Until November 8,1981, the regulations in this Part shall gove'rn the Co= mission's licensing of byproduct material as defined in this Part in Agreement States.
I.
3.
5 40.2b of 10 CFR 40 is added to read as follows:
5 40.2b Coverage of inactive tailings sites.
(a)
Prior to the completion of the remedial action, the Commission will not require a license pursuant to this Part for byproduct material as defined in this Part that is located at a site where milling operations are no longer active, if such site is or is likely to be designated a prucessing site covered by the remedial action program of title I of the
" Uranium Mill TaiTings Radiation Control Act of 1978.
The Ccmmission will exert its regulatory role during this period exclusively through concur-rence and consultation in the execution of the remedial action pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978.
(b) The Co= mission will require a license pursuant to this Part for byproduct material as defined in this Part that is located at a site where milling operations are no longer active, if such site is not and will not be covered by the remedial action program of title I of the Uranium Mill Tailings Radiation Control Act of 1973; proviced, however, that the criteria in Appendix A of this Part will be applied to the maximum extent practicable, with consideration given to the unique circumstances of such inactive sites.
797 C.-
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17 Enclosure "A"
[7590-01]
that authority to receive title to, own, or possess byproduct material under this general license shall tenninate when the specific license for source material expires, is renewed, or is amended to include a specific license for byproduct material as defined in this Part; or (2) in Agreement States until November 8,1981, where activities that result in the production of byproduct material are authorized under a specific license issued by the Agreement State on or before May 17, 1979, to byproduct material possessed, or stored at an authorized disposal contain-ment area or transported incident to such authorized activities; Provided, that authority to receive title to, own, or possess byproduct material under such general license shall terminate when such Agreement State license expires or is renewed, whichever first occurs.
(c) The general license in paragraph (a) of this section is subject to:
- (t) The provisions of Parts 19, 20, 21, and sections 40.1, 40.2, 40.2a, 40.2b, 40.3, 40.4, 40.5, 40.6, 40.41, 40.46, 40.61, 40.62, 40.63, 40.65, 40.71, and 40.81 of Part 40 of this Chapter; (ii) The documentation of daily insoections of tailings or waste retention systems and the irmiediate notification of the accroariate NRC regional office as indicated in Appendix 0 of 10 CFR Part 20, or the Director, Office of Inscection and Enforcement, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, of any failure in a tailings or waste retention system which results in a release of tailings or waste into unrestricted areas, and/or of any unusual canditions (conditions not contemolated in the design of the retention system) which if not corrected could lead to failure of the system and result in a release of tailings er waste into unrestricted areas, and additional requirements the Comission may by order deem necessary.
g' S _ 'O 21 Enclosure "A"
[7590-01]
fe)--The-general-license-in-paragraph-fa)-ef-th&S-seetten-is-subjeet te-any-addittenal-requirements-the-Genm6SSieR-may-by-eFdeP-deem-neGGSS&Pyv
- 10. 140.31 of 10 CFR 40 is amended by revising 140.31(a) and adding a new 140.31(g) as follows:
1 40.31 Applications for specific licenses.
(a)(1) Applications for a specific license for source material or.
for byproduct material produced in conjunction with the uranium milling i'
activity for which a source material license is sought from the Commission should be filed in quadruplicate on Form NRC--2 " Application for Source Material License," with the Director of Nuclear Material Safety and Safe-guards, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555.
Applications may be filed in person at the Commission's Offices at 1717 H Street, NW, Washington, D.C., or 7920 Norfolk Avenue, Sethesda, Md.
Information contained in previous applications, statements, or reports C? I
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21a Enclosure "A"
[7590-01]
filed with the Ccemission may be incorporated by reference, provided such references are clear and specific.
(2) Applications for specific licenses for byproduct material as defined in this Part not sought in conjunction with a source material license from the Commission for uranium milling shall be filed with 'the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
Such applications include, until
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November 8,1981, applications for specific ifcenses from the Ccomission for such byproduct material generated by uranium milling under a_n. Agreement State license issued or renewed after May 17. 1979.
n a
n a
n (g) An applicatfor. for a license to receive title to, own, receive, possess, and use sourca material for uranium milling or byproduct material, as defined in this Part, shall contain proposed specifications relating to milling operations and the disposition of the byproduct material to achieve the requirements and objectives set forth in Appendix A of this Part.
11.
S 40.32 of 10 CFR 40 is amended by revising 5 40.32(e) as folicws:
i 40.32 General requirements for issuance of specific licenses.
M M
M M
M (e)
In the case of an application for a license to possess and use source and byproduct material for uranf tm milling, production of uranium hexafluoride, ccmmercial waste disposal by lanc burial or for the conduct of any other activity wnich the Ccemission determines will significantly affect the quality of the environment, the Of rector of Nuclear Material Safety and Safeguards or his designee, before c:mmencement of construction of tne plant or facility in which the activity will be conducted, On tne C 1 ;i d
t v
_v 22 Enclosure "A"
[7590-01]
operating procedures specifying the methods of control which will be utilized.
Criterion 8(A) - Daily inspections of tailings or waste retention systems shall be conducted and documented. The appropriate NRC regional office as indicated in Accendix 0 of 10 CFR part 20, or the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, shall be immediately notified of any failure in a cailings or waste retention system I.
which results in a release of tailings or waste into unrestricted areas, and/or uf any unusual conditions (conditions not contemplated in the design of the retention system) which if not corrected could lead to failure of the system and result in a release of tailings or waste into unrestricted areas.
II.
FINANCIAL CRITERIA Criterion 9 - Financial surety arrangements shall be established by each mill
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operator to assure that sufficient funds will be available to carry out the d5 contamination and decommissioning of the mill and site and for the reclamation of any tallings or waste disposal areas. The amount of funds to be ensured by such surety arrangements shall be based on cost estimates in an approved plan for (1) decontamination and decommissioning of mill buildings and the milling site to levels which would allow unrestricted use of these areas upon cecommissioning, and (2) the reclamation of tailings and/or waste disposal areas in accordance with technical criteria delineated in Section 1 of this Appendix. The licensee shall submit this plan in conjunction with an environmental report that addresses the expected environmental impacts of the milling operation, decommissioning and tailings reclamation, and evaluates alternatives for mitigating these impacts. The surety shall cover the payment of the charge for long-term surveillance required by Criterion 10.
In n
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.a 29 Enclosure A"
[7590-01]
establishing specific surety arrangements, the licensee's cost estimates shall take into account total capital costs that would be incurred if an indepen' dent contractor were hired to perform the decommissioning and reclamation work.
In order to avoid unnecessary duplication and expense, the Commission will accept financial sureties that have been consolidated with financial or surety arrangements established to meet requirements of other Federal or State agencies and/or local governing bodies for such de-commissioning, decontamination, reclamation, and long-term site surveillance. The h
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29a Enclosure
'A'
[7590-01]
radiation incident to the process of producing or utili:ing special nuclear material; or (2) the tailings or wastes produced by the extraction or con-centration of uranium or thorium from any are processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes.
Underground ore bodies depleted by such solution extraction operations do not constitute " byproduct mate-rial" within this definition.
h.
n n
(c)
" Materials license" means a byproduct material license issued pursuant to Part 30 of this chapter, or a source or byproduct material ifcense issued pursuant to Part 40 of this chapter, or a special nuclear saterial license issued pursuant to Part 70 of this chapter.
n n
a n
24.
g 170.31 of 10 CFR 170 is amended to include a new category 4.0 to
' read as follows:
$ 170.31 Schedule of fees for materials ifcenses and other regula-tory services.
n n
a a
a 4.0 (1)
Licanses specifically authori:ing Application.......
10,000 ik the receipt, possession, use, or New License.......
4 ownership of tailings or wastes Renewal 4........... hhihhb
( f. 3., byproduct material) produced Amendment 3 in conjunction with milling operations.
4 Major..........
20,S00 4
Minor...........
3,500 Administrative...
150 (2)
Licenses specifically authorizing Production scale activity:
the receipt, possession, use, or Application......
7,C00 ewnership of tailings or wastes New License....
52,500 4
9ib b) a3 Enclosure *A"
[7590-01]
(i. e., byproduct :natarial) produced Research and development in conjunction with heap-leaching scale activity:
operations.
Application...... J,gg0 4
New License..... As,ew Renewal 4........
613,800 Amendment 3 G
yg Major 4.........
3-588 Minor..........
760 6
Administrative.
150 (3)
Licenses specifically authorizing Productionscaleactivitb0 f-
],5 2
the receipt, possession, use, or Application......
ownership of tailings of wastes 4
New License....
17-5Gg (i.e., byproduct material) produced 4enewW....-.------ 4@
in conjunction with in situ leaching 4mendmenti operations.
Me-foc*......------ ?, f90-
% W eeeerreer----260-4dfatehtreative---- 3.50-Research and develcpment scale activity:
850 Application......
5, bob New License.....
4 6{~g Renewal 4.........
4-588 Amendment 3 4
Major.........
1,200 i
Minor..........
250 6
Acministrative.
150 R
R R
R R
25.
i 170.32 of 10 CFR 170 is amended to incluce a new category 4.0 to read as follows:
3 170.32 Schedule of fees for health and safety, and safeguards inspections for materials licenses.
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M s
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f.
3n gqg b
$dth $,
HC 4 4
SMClosure A"
C7590-01]
4.0. Licenses specifically authorizing Health and Safety..... 1800 One the receipt, possassion, use, or Per Year ownership of tai'iings or wastes (i. e., byproduct material) pro-duced by the extraction or con-centration of uranium or thorium from any ore processed primarily l.
for its source material content.
a n
a a
n The Commission finds that because the regulations supporting the general license must be effective immediately so as to prevent existing milling operations from being in technical violation of the Atomic Energy Act, good cause exists pursuant to 5 U-.S.C. 553 to waive the 30-day comment period, as impracticable and contrary to the public interest,
'and make the amendments to 10 CFR SS 40.1, 40.2a, 40.25, 40.3, 40.4, 40.25, 150.3, and 150.15, immediately effective. The Cocmissfon notes in this regard that informal written comments on this matter were solicited and received from industry, environmental groups, and several States (these comments may be found in the Commission's puclic document room in a memorandum dated May 9,1979, from the Executive Legal Director to the Commission entitled " Staff Response to the Commission Request for Further Information Regarding SECY-79-88 ' Timing of Certain Requirements of the Uranium Mill Tailings Radiation Centrol Act of 1979'").
Comments on these amendments are invited, however, and the new regulations remain subject to further modifications in response to such comments.
CI)
$h 45 Enclosure "A"