ML19211A545
| ML19211A545 | |
| Person / Time | |
|---|---|
| Issue date: | 12/07/1979 |
| From: | Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Kennedy R NRC COMMISSION (OCM) |
| References | |
| SECY-79-484, NUDOCS 7912200087 | |
| Download: ML19211A545 (7) | |
Text
bC3 asc UNITED STATES oq[$
NUCLEAR REGULATORY COMMISSION g
ff WASHINGTON, D. C. 20555 3
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en MEMORANDUM FOR:
Comissioner Kennedy
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THRU:
l Lee V. Gossick I(g Executive Director for Operations I
William J. Dircks, Director FROM:
Office of Nuclear Material Safety and Safeguards
SUBJECT:
DELEGATION OF AUTHORITY TO THE DIRECTOR OF :. MSS TO APPROVE ACTIONS UNDER PUBLIC LAW 95-604 (SECY-79-484)
In your memorandum of October 4, 1979, you requested the staff to provide further details on the nature and extent of their activities in concurring with remedial actions proposed by other agencies, such as DOE, under Title I of the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978, P.L.95-604.
You requested this information as a prerequisite to delegating to the staff the authority to provide such concurrences.
All.of the staff actions related to concurrence will be of the same nature as those routinely perfonned in licensing active mills.
The most substantive actions involve the following:
-Approval of specific tailings disposal and remedial action plans at each site.
-Detennination that remedial action has been completed at a site according to the approved plans.
-Determination of what subsequent uses of the site are permissible.
These actions and the many other very minor actions required by the Act are described in enclosures 1 and 2.
I should note that we plan to take the exact same approach in evaluating inactive mill tailings sites that we have taken in the case of active operations licensed by the NRC.
In approving the remedial actions proposed by DOE, we intend to apply the criteria contained in our recently proposed regulations on uranium milling to the maximum extent practicable. However, these criteria were developed primarily with new 7 912200 Of 7 1632 252
Comissioner Kennedy milling operations in mind. Therefore, certain criteria, such as those requiring isolation of tailings from groundwater and siting remote from populated areas, are difficult to achieve at existing sites to the same extent as is possible with new milling operations.
On the basis that the NRC actions will be essentially the same as those currently taken in the course of routine uranium mill licensing, and that there will be a large number of separate, repetitive actions, I recommend that you concur in the proposed delegation of authority.
-GM waned) 7 :::ia, r n rew,
,r William J. Dircks, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
1.
Staff Concurrence Actions 2.
Comission Activities Pursuant to Title I cc: Chairman Hendrie Comissioner Gilinsky Comissioner Bradford Commissioner Ahearne 1632 253 1
a STAFF CONCURREriCE ACTI0 tis The more substantial staff concurrence actions are briefly described below. lists a more complete set of the specific concurrences, as delineated in the paper by the Office of the General Counsel on the analysis of Public Law 95-604.
Approval of specific tailings disposal and remedial action plans at each site.
The staff will perform evaluations of the proposed actions that are exactly the same as are dore in evaluations of active mills. The reviews will focus on proximity of tailings piles to population centers, seepage of tailings wastes and poteltial contamination of groundxaters, long-term stability of the final tailings impoundments, and p.:tential radiological impacts.
We will apply the same criteria used in licensing new mill operations to the maximum extent practicable. However, ':hese criteria were developed primarily with new milling operations in mind. Therefore, certain criteria, such as those requiring isolation of tailings from groundwater and siting remote from populated areas, are difficult to achieve at existing sites to the same extent as is possible with new milling operations. Cptions for disposal are obviously fewer at the existing sites.
For exampi2, new milling operations typically include a liner on the bottom of the tailings impoundment to minimize seepage to groundwater; without moving an entire pile this cannot be done at existinh sites.
Determination that reredial action has been completed according to plans, for both tailings impandment covering and stabilization, and clean-up of off-site structures ar.d lands.
)/zo 54 ENCLO' 4. I
2-The staff will assess the final conditions of the processed site.,and determine that the remedial actions have been satisfactorily performed, in accordance with the approved plan. This would involve, for example, making confirmatory radiological measurements following placement of the tailings cover to determine that limits on radon emissions have been met.
Determination of what uses of a disposal site (if any) are permissible l
following remedial action.
The land at these sites will be owned and controlled by a governmer.t agency, for example, DOE, un h r provisions of the UMTRCA.
The staff will review any subsequent use of the site proposed by the controlling agency and determine whether release of the site for such use can be allowed with no undue health risks.
For es: ample, it may be possible to permit some grazing at certain sites.
The staff considers, however, that as a supplementary measure, there should be some continued monitoring and control of land uses at sites to confire that there is no disruption of the sites due to these uses or other mechanisms, such as human-related activities or natural forces; therefore, conditions would
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be specified for all sites.
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4 E.': CLOSURE 1
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COMMISSION ACTIVITIES 'URSUANT TO TITLE I P
(Activities involving issuance o' a Cc==ission license are
=Arked **.)
Section 102(a)(1) -- Secretary of Energy designates process-ing sites within the United States at which re=edial action is needed, in cen.multation with.the Cc-dssion, E?A, affected States and Incian tribes, and the Secre-tary of the Interior.
The Secretary of Energy.. deter-rines the boundaries of eae.) site in_censultation wi-h
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. tne Uc--ssicn.
Cooperative agree =ents fer re=edial Section 103Ce) action take effect.cnly upon concurrence of the Cc=-
=1ssion with the ter=s and c.caditions thereof.
C,c==issien concurrence is required Section 104(a) before the Secre'tafy o' Taa gy =ay include in a co-cperative agree =ent a require =ent that the state acquire a designated processing site as a prerequisite to re=edial action.
Section IC4(b)(1) --
If the cecperative agreenent is to require the State to acquire land to be used as a site for dispcsition and stabili:ation cf residual radicactive =aterials frc= a precessing site, the Secretary of Energy =ust obtain Cc==ission cen-"--=~a=
in a deter =inaticn that re= oval of the =aterials frc=
the processing site,is appr,0priate.
Section 10h(e)(1) --
Sale or transfer _to the United States of lands or interests acquired by a State pursuant tc Section 104(a) er per=anent use of such land by the State for park, recreational, er other public purposes requires concurrence by the Secretary of Energy and by the Cc==ission.
Section 10h(f)(1) --
The Secretary of Energy's determina-tien that re=edial action has been concleted, made for purposes of triggering transfer of title Oc the radio-active materials and lands en which they are disposed to the United States, must have the Cc==ission's cen-currence.
1632 256 ENCLOSURE 2
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Custody,by the Secretary of Energy Section 104(f)(2) or other federal agency of land and residual radio-active =aterials, following completien of a re=edial action progra=, is licensed by the Cc--d ssion.
The Cc--d ssion =ay re'qulre =enitcring, =aintenance, and emergency measures to protect public health and safety and to ec= ply with general enviren= ental standards set by EPA.
Sale or lease by the Secretary of
- Section 104(h) the Interior subsurface =ineral rights en lands en which residual radioactive =aterials are disposed
=ust be licensed by the Cc-d ssion te insure that the =aterials will not be disturbed.
If disturbance occurs, the =aterials to be restered (at the cost of the persen acquiring the =ineral rights ), the =aterials are to be restered o a safe and envd----a ~ ally sound conditien'as deter =ined by the Cc-dssion.
Ceoperative agreements fer remedial Section 105(a) action with Indian tribes take effect enly upon con-currence of the Cc-dssion with the terms and condi-tiens thereof.
The Cc==issien has a permanent rign:
of entry to inspect a prccessing site en I=dian lands.
A dete-d-o-icn by the Secretary cf
- Section 105(b)
Energy that residual radicactive materials =ust be removed frc= Indian lands and dispesed of elsewhere must have the Cc==ission's cencurrence.
Re=oved materials must be per=anently retained and =aintained by the Secretary pursuant to a license issued by the Cc==ission.
Selecticn and perfermance of re=edial Section 108(a)(1) action in accordance with EFA general standards cust have the concurrence of the Cc.==1.ssien, in consultatien with the affected State, or, as apprcpriate, uith the Indian tribe and the Secretary of the Interior.
Recovery of additional.inerals frc=
Section 108(b) residual radioactive =aterials recuires permission of the Secretary of. Energy and the Cc==issicr.'s concur-rence.
The Co==1ssion is directed to "enecerage Section 111 to public participation" in its activities pursuan:
';arrying out the proviciens of Title I.
1632 257
l Reports to Congress by the Secretary Section 114(a) of Energy are to be prepared in consulta:icn with the Cc-dssion.
The Cec =ission cust submit to the Secre-tary and. to Congress that pcrtion of the repcrts which
" relates to the authorities cf the Cc-dssion under Title II of this Act. "
The Ad dnistrator of E?A cus report Section 114(c) to Ccngress by Janua y 1, 1980, after censultation with the Cc--dssion, concerning the loca:icn and ha:ard.
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The Cc- 'ssien, in cecperation with Section 114(e) the Sec.;etary of Energy, is responsible for systemati-
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cally documenting and naking public (apa : frc= trade fres secrets and other proprietary infer =ation exenp
=anda: cry disclosure) infer ation obtained frc= conduct of the remedial actions authcrized by Title I.
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