ML19341C353
| ML19341C353 | |
| Person / Time | |
|---|---|
| Issue date: | 02/10/1981 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Spellman J WASHINGTON, STATE OF |
| References | |
| NUDOCS 8103030094 | |
| Download: ML19341C353 (31) | |
Text
,
!pa% 'a UNITED STATES E
NUCLEAR REGULATORY COMMISSION U
W ASHINGTON, D.C; 20555
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bruary 10, 1981 CFFICE OF THE p
A C010(Issrog g CHAIRMAN CORREsponygygg D
The Honorable John Spellman A Governor of Washington
.,y Q Olympia, Washington 98504 {
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Dear Governor Spellman:
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On December 31, 1966, Washing ame gge g eement State under Section 274 of the Atomic Energy Act o C E O ended.
Under the provisions of this Act, Washington assumed, un agreement with the AEC (now NRC),
certain regulatory authority over the use of reactor produced isotopes, the source materials uranium and thorium, and small quantities of special nuclear materialr.
Under Section 27. of the Atomic Energy Act as amended by the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), Agreement States can ccnnue to regulate uranium mills and mill tailings after November 8, 1981, by entering into an amended agreement with the NRC.
In UMTRCA, the Congress also provided for the first time, funds for grants to States to assist them in preparing their revised regulatory program.
Washington applied for and received a grant of $80,000 under that program, thereby indicating the State's interest in pursuing this additional regulatory authority.
For some time, the NRC staff has been working with Mr. Gerald E. Thomas, Acting Secretary, Department of Social and Health Services, and his staff so that the amended agreement process may proceed smoothly.
The purpose of this letter is to acknowledge the efforts of Mr. Thomas and his staff and to identify remaining actions which Washington must accomplish for a tiaely amended agreement.
As a result of information exchanged between the NRC and Washington, in July,1980, we provided the Department with our initial assessment of the readiness of Washington for an amended agreement to regulate uranium mills and tailings. Criteria for this purpose have been developed with Agreement State input and State comments were factored in when cons l stent with NRC rules and policies (Enclosure 1).
Additional information was provided by the Department which we have evaluated.
The results of this evaluation are discussed in Enclosure 2 to this letter and I would like to highlight specific actions still needed:
1.
Revisions to Washington's regulations will be needed to comply with UMTRCA.
This is a prime requisite for an amended agreement.
t 2.
Prompt action in advance of the amended agreement as required j
by the UMTRCA should be taken by Washington to develop upgraded tailings management programs that meet UMTRCA requirements at I
existing mill sites.
D 0(j 9 ok
4 The Honorable John Spellman.
3.
In our evaluation of the readiness of Washington, additional staffing will be needed by Washington to meet upgraded requirements of UMTRCA. We will give the same weight to resource commitments as is given to statutory and regulatory enactments.
I wish to acknowledge and comend the State's efforts to expeditiously revise and conform its regulations to meet the requirements of UMTRCA.
These past revisions were made based upon earlier draft NRC regulations.
Final regulations for uranium mills were issued by NRC on October 3, 1980, the reporting requirements of which became effective January 5, 1981. Many, although not all, of our coments on the Washington regula-tions reflect differences between the draft and final NRC regulations.
We will be pleased to meet with your staff to discuss these differences and to explain our other comments.
To execute the amendment, the Commission must find not only that the State uranium milling regulatory program provides adequate protection of the public health and safety and is generally compatible with the Commission's program of regulation, but also that the State has adopted standards for the protection of the public health, safety and the environment from radiation hazards associated with uranium mill byproduct material, which are equivalent to, or more stringent than, those of the Commission.
It will be mutually helpful to receive a timetable as early as possible outlining Washington's actions to resolve all the issues discussed in.
In this timetable, we suggest a target date of August 1, 1981, for formal submission by Washington of the application for amendment.
While, in our opinion, Washington has taken many steps toward compliance with UMTRCA, more needs to be accomplished before an amended agreement can be reached. We will continue to work closely with your staff towards this end. If you have any questions, please have your staff contact Mr.
G. W. Kerr, Director of NRC's Office of State Programs, 301/492-8170.
1 Sinc / rely,
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J John F. A earne Chairman
Enclosures:
As Stated cc:
G. Thomas, Washington w/encls.
J. Beare, Washington w/encls.
l ederal kepsuj a u m. e. ~
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. e:ch St:te's r:diathn protecti:n exposure cfindividu:Is including thet surveys, and cisp:sa!s eimate r n(b) program is n:t. h: wever, a tec:ssary er from sources which are cot regulated by keep records of the receipt ant'iransfer appr:priate subj:ct I:r c veraga in th2 it.
of the m-teht!s:(c) report significant criteria. Consequently. tSe criteria are
- 5. Surveys. Monitoring. Appropnate incidents involvmg the matenz'a 2s silent on the question of whether a State surveys and personnel monitoring under pres =ibed by the regulatory authorityt should have a total agulatory program the close supervision of technically (d) make available upr.n request of a.
covering all sources ci radianon.
competent people are essentialin former employee a report of the including those not subject to control by achieving radiological protection and employee's exposure to radiation:(e) at the NRC under the Atomic Energy Act, shall be made in deterH+g request of an employee advise the such as x. rays. radium. accelerators, etc.
compliance with safety regulations.
employee cf his or her annual radiation 5.These revised criterf a provide for
- 6. lcbels. Signs. Symbols. It is exposure: and (f)infor= each employee entenng into an apeemen' for a desirable to achieve uniform.!!y in in w-iting when the e=ployee has separate category of materials, namely, labels. signs and symbols, and the received radiaton exposure in excess of low level waste matenal in permanent postmg thereef. However. it is essential the prescribed lunits.
disposal facilities.They also provide that there be uniformity in labels, signs.
- 12. Additionc/ Requirements ced new critena for States wishing to and symbols affixed to radioactive Exemptions. Ccnsistent with the overan continue regulating uranium and thorium products which are transferred from cntena here enu=erated and to processing and the wastes resulting person to person.
accommodate special cases er therefrom under the provisions of the
- 7. Instruction. Persons working in or cire.unstances. the State regulatory Uranium Mill Tallings Radiation Control frequenting restricted areas 8 shall be authority than be authorizedin Act bf 1978 (Pub.1.95-604) after instructed with respect to the health individual cases to impose additional November 8.1981. The revised criteria risks associated with exposure to requirements to protect health and also contain a number of editorial radioactive matenals and in precautions safety or to grant necessa y exemptiens changes such as changmg AEC to NRC to r-"e exposure. Workers shan which willnot jeopardi:e health and where appropriate to conform to present have the right to request regulato y safety.
practice and law.
authority inspections as per 10 CFR 19.
o7 joy gy jy jon gf g,,,,fgegjegggjy, 6.Inquines about details of the section 19.16 and to be represented
- gg,,7jgj, criteria or other aspects of the NRC dunng inspections as specified in Federal. State Relations Propam should section 19.14 cf 10 CFR 19.
- 13. PriorEvoluctica of He:ceds and be addressed to the Office of State
- 8. Storage. I.icensed radioactive Uses. Exceptions. In the present state cf Pregams. U.S. Nudear Regulatory materialin s:crage shal! be secured knowled;e. it is necessa v in regdanng Co==is sion. Washington. D.C. 20555.
against unau6cn:ed re= oval.
the possessien and use c! byproduct.
Crit'".'
- 3. Weste Dsposa!. The standards for source and special nuclear matenals l
the disposal of radicactive materials that the State regulatcry auderity Objectives into the air, water. and sewers, and require the sub=issien cf information
- 1. Protection. A State regulatory bunal in the soil shall be in accordance on. and evaluation of. the potential pregam shau be designed to protect the with Part :0. Holders of radioactive ha:ards and the capabihty of the user er health and safety of the people against rnatenal desinng to release or 6spose of possessor pnot to h:s receipt c! the radiauen hazards.
c uannues in excess of the presenbed matenals.This criterion is subject to l.. nits shan be recuired to obtain special certain exceptiens and to cenunumg Radian.on Protection Stendards 8 permission from t'he appropriate
' reappraisal as knowledge and
- . Standards. The State regulatory regulatory authority.
experience in the atomic energy field progam shall adopt a set of standards
- 10. Regule!!cas Governing Shipment
!ncrease. Frequently tnere are. and for protection agamst radiation, which of Radioactive Materials. The State mereas!ngly in the future there may be, shall apply to byproduct. source and shall to the extent of its jurisdiction categones of materials and uses as to special nudear matenals in quantities promulgate regulatius applicable to the which there is sufficient knowledge ta not sufficient to form a cntical mass.
shipment of radioacu re materials, such permit possession and use without pnc
- 3. Uniformityin Radiction Standards.
regulations to be compatible with those evaluauon of the hanards and the It is important to strive for uniformity in established by the U.S. Depart:nent of capability of the possessor and user.
technical definitions and terminology.
Transportation and othi: agencies of the ahese categones fab into two poups-particularly.as related to such things as United States whose jur. 56ction over these materials and uses which may be units of measur-ement and radiation interstate shipment of suh materials co=pletely exe=pt frem regulatory dese.There shall be uniformity on necessarily continues. Stee regulations controls, and those matenals and uses maximum permissible doses and levels regarding transportation of radioactive m which sanctions for misuse are of radiation and concentrations of materials must be compatible with to maintamed without pre-evaluation of radioactivity, ar fixed by Part 20 of the CFR Part 71.
the individual possession or use. In NRC regulations based on officially
- 11. Records andReports. The State au6erining research and develcpment approved radiation protection guides.
regulatory propam shall require that o other actwides involving multiple
- 4. TotalOccupctionclRediction holders and users of ra6cacuve uses of ra6cactive matenals, where an Exposure. The regulatory authonty shaU materials (a) maintain records covering insutution has people with extensive censider the total occupational ta6ation personnel radiation exposures, radiaton tramns anc expenence, the State regulatory authonty may wish to in, emens -ere ant adopied ta February 29et s nestneied are. mean, any area ace,. io p.We a mans for auben=ng brcad 128 TR cc3r. Manh :4.19C1. and amended in which is contrelied t:y tse 1*censee for tr.e pqose use cf rneterials w1icut evaluating each November 19es (3o FR iso 44. December 4.196s).
of racist on proiettion of mdmcas;s from enposare specific use.
Minor ed:torial chanses were maoe m June 1968 to to radaahan and radioacuve maienals. "Restncied
- 14. EValuction Criteric. In evaluating refiect the avtacrity of the ins. Department of area" shall not inc!voe any area used as resioental i
e Transponsuon and organnauon c.nanse m NCRP.
quaners. aluioch a separate r >o= or rocma m a a, proposaa to use radioactwe materials.
i I'
sswe ied staie retrulauens and Sisie legislauon resiacoual bmidans may be set spars as a r-stncied the regulatory au6crity shr.l! determine l wt:; gn. comeat io.au cntena enunciated.
a rea.
tne adequacy of the apphcent s facihues ;
D7*D hIh d h M [JUlA L
4 m m FT. w ier / WJ. h. m.15 / }riu.;.. january n. It%1 / tot;:.o 4a'.lonal A:hrtsory Comm!' tee on Sqned cL%ashingtor D.C tan toth day and amended by Pub. L 9MM k cupational Salety Cnd Herith;Iu!!
af January 981, approved November E.1978. Th;se k mmittee Meeting cnd Subgroup Eula Bi:gham.
heeting cntena are intended to in6:ste facters
,N Assistaat Secretcyofloban which the Commassion intends to Tra ca. es-asis r.;.d u <. s.o consider in approving new or amended
.atr;tice is hereby Fiven that tbe
>ccupati:nal Salety and Health
,peementa,; bey are not intended to nal Advisory Committee on
,,,,,, eco,,,,
h=21 Commission iscretion in viewing NACOSH) wul meet on February :5.-27 NUOLEAR REGUt.ATORY in6vidual spee=ents or am+e:ts.
El et the Frances Perkins Department In accordance with these statutory COMMISSION
! Lab;r Buildmg. Roo= N4437. Third
[revtssons, wher: an apeement betweec treet and Consutution Avenue N.W, Crtterts for Guidance of States and.
State a-d the NRC is effe:ted. the
>'ashingt:n. D.C.The meetinJs will NRO in Discor nuance of NRC Co==5sien will discontinue its eg:n at 9.00 a.m. the public 3 invited to Regulatory Authortty anc Assumption regulator'y authority withm that State Thereof by States Through Agreement over one or more o} the following tiend.
The N:ti nal Advisory Co==ittee materials; byproduct matenal as def=ed ras est:blished under Section 7(a) of Actwer. U.S. Nudear Regulatory in Section 11el1) c! the Act Co= mission.
u Occupational Safety and Health Act (ra6cisotopes), byprodc:t material as f 1770 (29 U.S.C. 656) to advise the AcTtom Statement o! Policy.
defined in Section lie [:) of the Act (ci!!
I tailings er wastes). source material
[
ecretary of Labor and the Secretary of suuuanyt The Nudear Regulatory le:lth. Education and Welfare on Commission has revised its statement of (uranium and thorium). special nuclear matenal (uraniu= 233. uranit:m 35 and satt:rs relating to the ad=inistration of policy regarding criteria for guidance of plutonium)in quantities not sufficient to a
n Act.
States and NRC in discontinuance of Wednesday. February :5.1981 will be NRC regulatory authority and fer= a cit; cal = ass and permanent avct:d to Subpoup meetings. The assumption of regulatory authority by 6sposal of low-level waste containing abp;ups will discuss:
States through apeement.This action is one or more of the materials stated
- 1. Reorodo:tive Hazards.
necessay to make editonal changes to above but not including mil' tauings.
O. Safety and Heal 1 Effects of New Energy update the pobey statement, to allow
- . An apeement may be efie:ted
,gog;;g, States to enter into egreements for low-between a State and NRC:(1)tpen senty Settin;.
~
level waste only, and to incorporate the cer'.ification by de Governor that the 11nictmation Systems for NIOSH/ OSHA provisions and requirements of the S gte hg5 3 pregg= {c7 the cen:;el er radiation hazards adequate to poic:t
.r;c agenda for Februa 06 and "'
Uranium Mill Tailmgs Ra ation Control
,..! melude reports on O HA an Act a 1978. Adoption of this policy will the public heali and safety wid respect
.OSH activities, a discussion o repea,.
etiow interested States to enter into to the mater:ais wisin tne' State covered '
apeements with the NRC and regulate by the[-reposed apeement and the olations and discussions o e.
State esires to assume regdaterv
}ety and hcalth matters re ating M low. level waste sites only. Addiuonally,
>HA and NIOSH.
those States that meet tne criteria for responsibihty for such materials [and (2) the regulation c! uraniu= nd11s and after a im6ng by the Commissi0n th:t Written data or views concerninE esa aFenda items may be submitted to tailings pay exercise reg.uatory tne State propam is in ac:erdan:e wii e Division of Consumer Affairs. Su.
authority over taese sources as povided the requirements of subse: tion o cf acuments which are received befon by the Uranium Mill Tailings Radiation section 074 and in all other respects Control Act of197E. as amended.
c:mpatible with the Co:renission's e scheduled meeting dates, preferably ith 20 copies. will be presented to the The revised statement of policy pregam for the regdatio:: of such ammittee (nd meluded m the official refie:ts the following prtncipal enanges:
mater:als. end is adequate to orote:t the cord of the proceedmss.
ah,1. Modification of Critenon 27 to pubh: health and safety wid respe:t to ow a State to seek an ag ee=ent for tne matenals covered by the prop sed Anyone who wishes to make an oral the regdation of low. level waste as a
,g.,,m,n. It is dse ne:essm 6d de esentation should notify the Division State have enabling legislanon separate category'dditional enteria forauthonning its Covernor to enter into
~ Consumer Affairs before the meeting
- 2. Inclusion of a de.The request sbould include the States wishing to' continue regulating sud an apeem'.
mount of time desired, the capacity in uranium and thonum processors and g
g g;;,. d i
u hich the person will appen and a brief mill tailings after November E,1981.
onMa h "" 19St (26 FR "37) aft I
alline cf the content of the,
- 3. Editorial and clarifymg changes t g,
esentation. Oral presentations wil! be make the statement current.
and other State representatives, to I
' hedu,ted at the distretion of the DATES:This pohey statement ts effective provide guidarce and assistance to the
. airman of the Committee to the extent January 23.198' States and the t.EC (now NRC)in nich time permits.
developing a reg 'atory propam whid Fom FURTHcR is.rc 94ATion cowtACTt For additional information contact-John F. Ken 6s O!nce of State Propams. would be compatil.le with inat of the arence Page. Division of Consumer U.S. Nuclear B egulato y Commission-NRC. The enteria ere cir: dated Affairs. O::upational Safety and Washmgtor. D.C. 20555. telephone: 301-amon; States. Federal agen:ics. lob:r Health A6nmistration.3rd Street and and mdust y. and other mierested poups for comment Constitution Avenue. N.M,.. Rm.
SUPPLEMENT ARY INFORM ATION:
- 4. The criteria recuire that the S'Mc N3G35. %,ashington D.C. ~0.
.Tnese criteria were developed to autnority consider the total ucumulated Telephone 200/S:3-6024.
implement a propam. authonzed by occupational ra6ation exr,osure of -
Pub. L 65-373 which was enacted in the meivicuals.To fetibtste such an O!iicid records of the meetings will form of a new section to the Atomit e; peach it is tne view.3! the NRC that eveiiable for pubh: inspection at the Energy Act (Section 274) and approved
- vision of Consumer Anairs.
by the President on September :.1959 an overall radiatien t.rotection propam is cesirable. The maximum scope of D
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iD dI M MG
W t/GTicT13 egis 2cr TV/oB. @. 93c.15 / i-tmy. bnnary 2.
19S1 / hotices
- rnd safety'equipm:nt bis training and rs6cactrvityin the proposed use to be expen:nce in this field. ne background expenence in the use tf th2 matenals evaluated and mapected. nis requi es and specific training of these persons
' for the purpose requested. and his competency to evaluate vanous will in6cate to some extent their preposed administrauve controls. States potential radiological hazaros potechal role in the regulatory programJ sh:uld d;velop guidance documents for assoc,iated with the many uses of These trainees. of cousc. could he used use by beense apphcants. this M-radioactive matenal and behdee initially to evaluate and tasper.1 tnose sh:uld be consistent with NRC bcensing concentrations of ra6oacuve materials apphcations cf ra6oacuve. materials and reFulatory guides for vanous in air and water, con 6 tons cf shieldmg.
which are considered routine or more..
cat 1gori:s of bcensed achvibes.
the making of radatinn =casurements, standarined from the radiat on safety it Human Use. The use of ra6eactrve knowledge of rs6ation instrcntems-standpoint. for exa=ple,inspecticn of mat: rials and radiatien on or in humans their selection, use and calibratica-indastnal gauges, small research shall n t be permitted except by laboratory design, contammat2on programs, and 6 agnostic meical properiv qualified penons (normally control. other general preciples and pregams. As they gain expenence and beensed physicians) possessing pracuces of radiation protecton. and co=petence in the field. tramees could pr: scribed minimum, experience in the use cf radioisotopes or r:6ation.
use of management controls in assunng be used progressively to deal Mth the adherence to safety procedens.1= order rnere complex or difnecit types of Insp;ctica to evaluate some complex cases, the ra dioacuve ma terial applicauons. lt is 154oseJudency.The State regulatory sta!I may need to be desirable that such tramees have a l
possession and use of radioactive supplemented by consultants or other bachelors degree or equivalent in the State agencies with expertise in geology. physical or life sciences and specific mnt: rials shall be subject to inspection hydrology, wa ter quabry. ra 6obiology training in raiation protection.1n by the regulatory authority and shall be subj ct ti the performance of tests. as and engmeenng 6sciplines.
determeing the requirement for required by the regulatory authonty.
To pederm the functies invdved b acade=ic traitang ofin6viduals in a3 of.
InspIcti:n and testing is conducted to evaluation and inspection,it is desirable the fregamg categmes p[oper determine, and to assist in obtaining.
that there be personnel educated and cesacerauon should be given to comphance with regulatory traud 6 the physical and/cr life equivalent competency which has been requtumets.
sciences, incluing biology, chemistry, gained by appropriate techrJcal and Fregincy of inspection shall be phys es and en;ineenng. and that the radauen protection experience.
related directly to the amount and kind pesand have had tmni.g and
!* is neogngd that ra6oacne of material and type c! operation experience in ra6* bon p*ctechon. For materials and ineir uses are so,va-ied hcensed. cnd it shall be adequate * '
example, the peson who wiU be 6at 6e naluad= and in msun comphance.
responsible for the actual performance Enctims d r,equpe sd,speqn s anc
- 17. /nspections Compulsory. Licensees of evaluation and inspect = of all cf the expenope 6 tne c ennt c:sephaes
. shall be under obhgation by law to various uses of byproduct. source and wnich wm et always ns& b ee provide access to inspectors.
special nuclear materid which might puse.The regulatery auth=:y should IG. Notification of Resuhs of come to the regdatory bcdy sho.ld have have the e mposite ! such sals either Intpection.1.icensees are entitled to be substantial training and extensive i. its e= ploy ci at its ccmmacd. cot advised of the results ofinspections an,.
6 6e fidd Math crJy for routine functicns. but also for c notice as to whether or not they are in protection. It is desirable that such a
'* "8 " 0F "" 5
compliance.
person have a bachelofs degree or Specia/NuclearMeted:1 Sxrce equivalent in the physical or life Materieland Tritium Erforcervt sciences. and specific traini.ig-ra6ation 1G Cnforcement. possession and use protection.
- 21. Conditions Appli::ble to Spe:ic/
5 u: lear Materia!. Sour:e M:teri:1 cnd of radioactive materials should be It is recognized that t! ce will also be Tritium Nothing in the State's 5 s:menable to enforce =ent through legalperses in the program perfonning a regulate y progra= shallinterfere with a
metions, and the regulatory autheniy more limited functe.1 m evaluation and the duties imposed on the holde cf the
. shall be equipped or assisted by law 6spection 'Diese persons wt!! perform materials by the NRC. for exa=de. the with the necessary powers for prompt the day to-day work of the regulatory duty to report to the hT.C. on NRC enforcement. This may include, as progra= anc deal with bed routine oppropnate, administrative remedies situationr as well as so=e which will be prescribed for=s D) transfers ci special nudear material. source material and i
looking toward issuance of orders out of the ordinary.These persons
, requiring c1I1rmative aetion or should have a bachelor's degree or tritium. and (:1 periodic inventory data.
r
- 22. Special Nuclect Material Defined, suspensi:n or revocation of the right to egnevalent in the physical or life Special nuclear material. in quantities possess and use materials, and the science,s tratnmg in health physics, and not sufficient to form a critical mass. for impounding of materials, the obtaining approximately two years of actual work present pt:rposes means uraniu=
of injunctive rehef, and the imposing of expenence in the field et ra6ation ennched in the isctcpe U.035 in civil or enminal penalties, protection.
quantties not exceeding 350 g ams cf The foregoing are considered centamed U-235: uranium :23 in Fersonnel desirable qu)lifications for the staff who qucnuties net exceeing 230 g*ams:
- 03. Guclifications of Regulatory and will be responsible for the actual piutomum m quantities not exceedmg lerpection Fersonne!. Tne regulatory performance of evaluaton and
- % g cms or any ec=bmntion c!ine=
agency shall be staffed with sufficient inspection. In addition. there wi!!
in accordance with the follow:ng trameh personneh pnor evaluabon of probably be trainees assodated wid the fo: nu!c: Fct each kind cf special apphcations for bcenses or reFulatory program who will have ar.
nudear matena' determine the ratio outnenzakons and inspection of academic background m tce physica! or between tne quant!y of that special b:.ensees must be conducted by persons life sciences as well as va ym; amocnts nudear matenal and the quantity posiessing the tratrung and expenence of spedfic trainmg in ra6auen specified above for the same kmd cf relevant to the type and level of protection but litue or no actual wori special nudcar materiah Tce su= cf 0*WD
- D 3'3 h a di oj.1 N m
u. - su m...,.... ~.
..m..
such rati:s I:r all of th? kinds cf special the f:lhwing cuantities in ec= bin 2non f: the DOE at U.S. Govern =ent<wned nuclear matenalin c mbinatnn shidd w;dd nu exceed tne hmitauen anc are er controlled sites:
n:t exce:d "1" (i.e umt)). For example, within the forma;a. as foDows:
- b. Pn=e contracters performing researchin er cevelopment.
US (pam entained U-235) ' 50 (grar:s U.223) ' 50 (;rans pu)
- I rnanufa cture. sterage. tesung. cr EQ 203 200 transpettation c!. atomi: weapons er ce=penents therech
- c. Pnme centra:ters unts or operating (This defbuden is subject to change by discontinuance cf NRC regulawy nudee rea:ters er c&er nudear futre Commission rde er regdatier )
authenty and de assu=ption cf devices in a U.S. Ces em.=ent-ow.ed Administratien regulatery audenty by tne,St. ate may vehide er vessel: and relate to any cne or more c. tne
- d. Any cier pn=e centracter er
- 23. State practices for assuring the fait !cDow=g categ:nes of rnatenals widm sub:entra:ter cf DOE cr NRC v, hen se and imparnal aimnistratien ci the State, as cente= plated by Publi:
State and the NRC lemdy cetemme (i) regulatory law, incluing provision for Law es 373 and P.:bli: Law 9~4A that, under the te=s cf tne centra:t or pubh: participauen where apptcpriate,
- a. Dyprodu:t materials as denned in sub:entract. there is ade:uate should be incorporated in procedures se:nca 11el1) of the Act.
fon _
- b. Byproduct =atenals a,ermed in assurance that de w k incre= der c:n be eccc=phshed wiscut undue nsk to
- a. r ormulation of rules of general section 11e(:) c! the Act, applicabilityt
- c. Source =att dals-the public heale and safety and (ii) that
- b. Approvmg or denying applicatio'ns
- d. Special nuc! ear =aterials in the exe=ption ci such contactor or for licenses or authonzation to possess quantities not sufL lent to form a subcontractor is authonzed bylaw.
and use radioactive materials, and entical mass.
Additional Criteria for States Re;ulating
- c. Takin bcensees.g disciplinary actions against
- e. Low. level wastes in permanent Uraniurn or Thorium Proces sors and disposal facilities, as dermed by statute Wastes Resulting Therefree. After Artcngements For Discontinuinp.L, or Commission rdes or re,gula tiens November 8,1981 containing one or = re o..u.e instenals Jurisdi:ticn stated in a. c. and d ab ve but n:t St:wtes
- 24. State Agency Designation. The indudmg byprodu:t material as dermed
- 29. State statutes er ddy pic=ulgated State should indicate wnich agency er in Section 11et:) of the Actt re;daticns shodd be ena:ted. if not agencies will have audon*y fer carrying but rnust rdate t: Se whole cf such skeady in ;; ace. :: =ake dear State on Se program and should provide the g
NRC with a summa y of that legal category cr cater:nes and not to a part ausenty to c:rry out the regarements g
authenty, There shcdd be assurances of any categend!!less tnan the hve er P bh: L w sm Uranium Mi!!
g against dupheate regulation and categones are indaded in anv Ta.1=rs Raisu:n Cened Act disco::tmuance cf jur:sictic5.
[WTRCA) as !c3:ws:
licensing by State and local au&cn..ues.
and it may be desirable inat thert be a iscontmuance of NRC regdaterv
- a. Authenty to regulate the tai:ings er smpe et central rejulatory cutnenty, authenty and the assu=puen c' '
wastes produced by the extract =n or
.5. Existing oL Licenses and regulatcry autnenty by tne State cf de cen:entratica c! canium or th:num Fending A;phcations. In effecting tn, e oSe s may be at:5=p'hshed frc= any cre processed ;-iman!y for its dis:entinuance of jurisdiction, subsequently by an amendment cr by a scur:e matena centent.
appropriate arrangements will be made later apeement.
t.That an adequate see y (under by NRC and the State to ensure that The agreement may incomorate bv terms establ:shed by regulauen) will be there will be no interference with or reference provisiens of cSer docu=ents, prov:ded by the licensee to assure se interruption of licensed activities or the inclu6ng tnese entena. and the completien of allrequirements processing oflicense applications. by agreement shau be deemed to establin:d by the (ate appropdate reasen of the transfer. For example, ene n:crporate without specific re!crence State agency) for de de:entamination.
approach nugnt be that the State,in the previsions of Pub. L SS-3:3 and Pub.
decommissioning, and reda=snen cf assuming junsdiction. could recept:e L 95 604 and the related provisions cf sites, scuctures and equ:pment used in and contmue in effect, for an the Atomic Energy Act.
coniunction with the generauen or appropriate period of time under State Arrange =ents shedd be made for the isposd of su F byproduct =aterial.
law, existing NRC licenses, induding reciprocal recognition of State licenses
- c. lf in the States' licensing and licenses for which timely applications and Federallicenses in connection with regdation cf byproduct =aterial or of for renewal have been filed, except out-of the jurisiction operations by a any activity which produces byproduct where good cause warrants the earlier State or Federallicensee.
material, the State collects funds from reexamination or termination of the 28.NRC cnd Deper: ment of Energv the licensee or its surety for long. term license.
Contractors. The State shedd provide surveillance and maintenance of such
- 20. Re/otions With Fec.er:/
exemptions for NRC and DOE material, the total amount of the funds Covernment and Otf.er States. There coneactors which are substantiauv cclie:ted by the State shall be shodd be an mterchange of Federal and equivalent to the followmg exempiions:
transfened to the U.S. f custody cf the State mformation and assistan:e m a.Pnme centra:ters perfer==g werk byp*cduct matenal and its 6sposal site ennection wi6 ine issuance of is transfered to the Federd
' A Sine ' o &,e not = a to cent.r, Gove n=ent u;cn tenn=ation cf the regdations and licenses or n
g m c.g..n o,neir,cr e p m,, m x.
State b:ensc. (See 10 CFR 1Z.02.)If no authon ations, inspection of h.censees, tivprme: yenani ceN c se:tien m m cf def adt t.as cc:ur ec and tne reporting of incidents and violations.
um Atom mern A::.
and trammg and education problems.
E N 0 **M 'c M,s emeroec aner werrxe-re:mmaticn cr cier benced e:tivity has N m*) '*
- " Covcic8c. Amendments.
bn ~#' ~~ '8
- ' b"* " A'*
~~
Re:1pic: sty. An apeement proviing ior tne $1ste exce7 for t.rarua:n cr tt.cnu.i. prxensors.
4 D-}p d
o Q-\\
s -
D o
ca -. e n
~
~Fr4 -
Federal Register / Vc!. 46. No.15 / Friday. janutr> ::3.19::1 / Nouces ar2 not to be transf:rnd to the F:deral
- n. ! tis' preferable that Stam stat =tes v Tcderal agence:in prepanns the Oovernment.The funds coll:cted by the cont:m the provisions cf Section 6 cf the e.'vtronmental cssessment shodd State shall be suffi=ient to ensure Model Act. But the follow =g =a! be de.$nate a lead agency forsspervising
- ompliance with the regulation.s the accomphshed by adoption of either and eco6nat=g preparaten cf this Commissiin estabhshes pursuant to procedures by regulation or technical envtrce=ctal assessme=t. Irss Section IC1X of the Atomic Energy Act.
critena.1:.any caac authnnty far their z.ormaUy expeued that the rd."H
- d. In the issuances of licenses, art implementanon should be adequately control agen:y in Agree =ent States wi!!
opportunity for whiten comments, supported by statute, regulat:en et case be the lead egen:y.The basirpremise is oublic bearing (with transenpt) and law as determined by the State Attomey that the lead agenefis tr uned to cross examinabon is required.
General.
y epare the env renmental asacas=ent.
- e. In the issuances of licenses. a In the licensing and reF atien of ores Utmnatien of an apph: ant's d
wntten determination of the a: tion to be processed pnmarily forinet source env;ronmentalreper mileu of a lead Men based upon evidence presented matenal content and for the 6sposal of agen:v assessment cf the proposed dunng the publi: comment pened and byproduct matenal, procedcres shaU be project is not acequate c apprepnate.
a hich is subject to ju6cial review is '
estabhshed which provide a wntien However, the lead agert:y may prepare required.
analysis of the t:cpact on the an enyt.mnmental assessme::t based
- f. A b:n on snajor construction prior to environment of the licensing activity.
upon an applicant's env enmental ccmpl: tion of the aforementioned nis analysis shall be available to the report. Other credible infor=ation ca7 stipul:ti:ns.
public before commencement of,
be utili:ed by the State as lor.g as se
- g. An cpportunity shall be provided hearings and shallincluder' infer =ation is verified and documented for public participation through written
- a. An assessment of the ra6clogical by the State.
commenta, public bearings, and ju6cial and nc=ra6clogical public heali c.Yhen a lead agen:y is designatei
'eview cf rules.
impacts:
that agene/ shculd cochate
- 30. In the enactment of any supporting
- b. An assessment of any!= pact on preparatien of the state =ent.The c6er legislati:n. the State should take mto any body of water or poundwaten agencies involved should provide
- t. count the reservations of authority to
- c. Consideration of alternanves to the assistance with respe:t to their areas of the U.S. in UMTRCA as stated in 10 CFR licensed activities: and juns6:non and expertist. Fact:-s 150.15a cnd summan:ed by the
- d. Censideration of long-ter= i=pa:ts relevant = ebtauung a,sistance frcm b!!owing.
oflicensed activities (see ite= 35b.(1)-
e er agen:ies in:lude the applicable a.The establishment of minirnurn Regulction, stat.e y auth:nty. the ti=e sequence in nandards Fos ermnt reclamauen. long-wh::h de age =es be: =e involvei 3 State regulatm.ns shodd.ce term surveillance er maintenan:c. and the =r.gnitude cf Seir involve =ent. and ownership c! the byproduct =aterial.
""'d I
F"I'I TY **9*#80'015-relative expe-tise wie respect to the
- b. The determinauon that prior to the and where necessary m:crporate project's enviren= ental effe::.
termination of a beense. the licensee has regulatory language which is equivalent in crder to bnng an envi-c= ental t de extent pracucape er =on assessment to a satsfactcry c:n:Jusion, complied with decontarnination.
uecommissioning and reclamation sinngent than regulattens an standards standards, and ownership requ:rements adopted and enforced by the it is highly recc== ended th:t t.:inita!
scopmg docu=ent be developed which f or sites at which byproduct material is Commission. as required by Sect.es
.A, o (see 10 CFR 40 and 10 CFR clearly de!mentes the area and s: ope of
- c. The requirement that prior to 150.31M).
wd to be #ced h ead gn ent.
wiiin a pven tme constraint.
terminati:n oi nny license ior byprodu:t 0:y:ni:ationc!Belationships Within
- d. Fcr tncse areas in the material, as defined in Secton ne.(:). cf the States environmental assessment where the Ine Atomic Feevv Act or for anv
- 33. Organinational relationships State cannct identify a State agency
.etmt> that rendts in the produr.u.on of should be established which will hanng sufacient expertise to adequately dn matenal. utie to such byprc duct pmvide for an eHective reg.Jatory avaluate the pmposal or prepare an materist and the 6sposal site be pwp,= g. uranium mills and S1 assess =ent. the State should have transittred to the Federal Gover : ment taihngs.
provisions for cotaining outside or Stata at the option of the State.
- a. Charta should be developed whinh consching services. In base instances provided r.h option is exercised prior show the management organination and whert non-governmenatal censultants 4
to termis" don of the lir.ense.
lines of authority.This chart should are utilized. procedures should be
- d. Tbs r.ithority to require such define the specificlines of supervision established to avoid confh:t cfinterest monito5:g. rnaintenance, and from program manegement within the c nsistent with State law and emerginey measures after the lice 3se is radiation control r,roup and u y e6er administrative procedures, temitnated as necessary to protect oe department wiifn the State resp msible Me6 cal censultants recognized for public heslth ano safety for those for contributing to the regulauen of their expertise in emergen:y me6:a!
materials and prope-ty for whid the uranium pro:essing and isposal cf matters. such as de Oak Ridge t.nd 5:ete has assumed custody pursuant to talhngs. Wnen other State agencies or Hanford Nauenal Laboretories. relatm; Nb L 9N regional ofhees are utihted. the hnes of to tne mtake er uramum and ns e.Tne authority to permit use of the communication and ad=trustrauve 6agnos:s tnereof associated with surface or subsurface estate or botn cf control between the agencies and/or uramum etnmg and rnillm; should be ine land trat.sierred to the Uruted States repont and tne Program Dtre:ter saould identified and available to the State for e State pursuant under provision of the be clearly drawn.
acvice and 6:ect anststan c.
L'rsmum Md! Ra6abon Taihngs Control b.Those States that will utih:e Dunng the budget preparanen. the Act.
personni.1 fro = other State Departments State should aHow for fundmg coets f:The authonty to nempt land m:med by the use of consultants.In Owne: ship trtnsfer requirements C[
eh as mnW recorntnenced M e M.s pnv
&cition. Consuhants should be be:uen 83iol!1][A).
be pnmoed for rmic renew avadable ior any emergencies which
.. -.. u p.
' may occur and I:r which their expert 2n, have addithn:1 traming in Uranium Mill (b) Geology:
w:uld b] t eed:d imme6ately.
Hulth Pnysics and Enmenmental (c) Hydrology and water qualityt Persorinel Assessm:nts.
(d) Metecro.og)-
- c. Penonnella agencies other than the (e) Backpound ra6atiom
- 34. Personnel needed in the processing lead agency are in:luded in these totd (f) Taihngs retenuon syster=
of the hcense applicauon can be person yea} numbers. If other agences (g)Interun stabihnatier. re !amatien.,
identified er pouped accordmg to the are counted in these numbers tnen it and Site Deccmmissiontng Progra=
fo!!owing skills: Technicah shall be demens: rated that these (h) RadiclogicalDose Assessment Admmistrabve: and Support.
personnel wiu be available on a reutine (1) Source terms
- a. Adtninistrative personnel are those and continuing bas:s to a depee p Exposun pa6way persons who will provide internal claimed as necessary to su=essfdly (3) Dose ce=r:utment to indigduals guides. pobey memoranda, renews and comt:ly with toe requirements of (4) Dose ccanut=ent t: popu.auens manarenal services necessary to assure UMTRCA and these enteria. Toe m Evaluaten cf ra6clegic:. impacts compleuen of the Lcensing actien.
arrangements for =aking such resources te tne pubi:: to include a determinatic:
Support personnel are those persons available shan be documented, such as of C:
' rw.mphan:e with State and Fe{ era.
who provide secretarial. clencal an interagency raemerandum cf atsons and co=panses wi'..
suppcrt. legal, and laboratcry services.
understan6ng and cennrmed by.
bathroun values Techrucal penonnel are those budgetary cost centers.
W 0 ::pata:naldose Indi iduals who have the training and (7) Raio,og::all= pad to bieta other i
experieo:e la radiation protection functions To Be' Covered than man
~
necessary to evaluate the enginenns 35.The States should develop (8) Ra diological menitoring programs, and radiological safety aspects of a procedures for licensing. Inspection. and pre c=upational and operat2cnal uranium concentrator. Current preparation cf enmenmental (i)Impaes to surface and in6 cations are that 2 to 2.75 total assessments.
g oundwater, both quality and quantityt professional person years' effert is
- a. l.icensig W Enmenmeraalchects of an2 dents; needed to process a new convenuenal (1)1.feensing evaluations er and mill license, in situ license, or =ajer assessments shcul:iinclude in.;! ant (i) Evaluation of tailmgs management renewal. to meet the requirements of radiological safe *y aspects in alternatins in terms cf ngulat=s.
t".!TRCA. His number includes the o=upational er rest-icted areas and
( ) The States are en=uraged to effort for the environmental assessment enmenmentali= pacts to populatens in exa=:ne de need to expand the scope and the in plant safety review. It also unrestricted areas frc= the plant.
cf tne assessmentinte ciner areas such includes the use of consultants. Heap
( ) Itis expe:ted Sat the State wil!
B:
leach applications may take less time review, evaluate and provide (a) Ecolon ;
and is expected to take 1.0 to 1.5 documentati:n of these evaluanens.
f ) En on=en'QcUe:ts cf sue prcfessional staff years' effort.
Items which should be evaluated are:
preparaten end fa:Wty c:nstru:ucr. on dependtng on the ctrcumstances (a) Proposed actvities:
enmon=ent and biotai encounterei Current indications are (b) S:cpe cf;roposed actien.
(:) Enmenmental ehe::s of use and that the person years e5cri for support (c) Specific a:tvites te be conductei ss:na ve of chemi=ls and fuels: and and legal services should be one (d) Adtrunistrette procedures:
(d) Econ:mic and so::a1 effects.
secretary for approx 2=ately 2 (e) Facibrv o ganizatien and
- c. /nzpe::wns convenuonal mills and % sta!! years for ra diological safety respcnsibilities.
(t) As a =tn:mu items which should legal services for each noncentested miU authenties, and personnel be inspected or included dunng the
- ase.T e impact on encon= ental qualincauons:
inspe:nen cf a ura=u= m:!! sh:dd monitonng laboratory support services (f)I.icensee audits and inspe:tions:
adnere to ne items evaluated in de in.
is difficult to estimate but should be (g) Ra6ation safety training propams plant safety review. The pnne:palitems aced into the personnel requirements.
for workers; recc= mended for inspecuen are:
In addition consideration should be (h) Radiation safety program control (a) Administrate given to vanous misceDaneous post.
and monitoring:
(b) Mill circuit. in:!uding any beensing ongoing activities inclus=g the (i) Restr::ted area markings and aditions, delet2cns, or c:rcuit changes, issuance of minor amendments, access control:
(:) Accidents / Incidents:
inspectons. and environmental (j) At existing c:ius. review of (d) Part 19 or equivalent requirements surveiUance.Ilis estimated that these tsonitoring data. exposure records, of the State:
activities may require about 0.5 to 1
. licensee audit and inspection records.
(e) Action taken on previous findings:
person years effort per licensed facility and other records applicable to existing (f) A mill tour to determine per year. the latter being the case for a mius:
coc:pliance with regulations, and license rna)or facihty.These figures do not (k) Environmental monitoring:
cen6tionst include manpower for Title I activitives (1) Emergency procedures, (p) Tailings waste =anape=ent in of UMTACA.
radiolopcah accordance w:6 regulaticns and bcense b.1: evaluating license appbcations (m) Pmduct t ansportation: and cen6tions (see NRC Reg. Guide 3.11.1):
the State shii have access to necessary (n) Site and pnysical cecom:ussioneg (n' Records:
speciahes. e-p radiolopeal safety.
procedures. eine dan taibngs.
IU Resp;ratory prcic:uen in t-by6uiogy. Feclogy and da=
(o) E=ployee exposure dats and ec ctd:nce w;tn beense condinen7 or10 constru uan and operation.
bicassay pregams.
CF'R pen 20.
In addiuon to the personnel
- b. Enmenme 2n! Assessment U) Effluent and environmental quebrications hated in the " Guide for (1) Tne environmental evalueton monitonn; Evaluation cf State Radiation Contml should consist cf a detailed and
- 4) Trat:ung prepa=::
Prepa=s " Rev:sion 3. February 1.1980.
documented evaluaten of the fo* lowing
(!) Trcnspenan:n en: shipping the repulatory staf! involved in the items:
(=)Intemal rev:ew an:i auit by reFulatory process (Radiation) should (a) Topopaphv mana gement i'
D P D
- g]
b m "3
< w m
a
A Fed:ral Register / Vo!. 46. N2.15 / Friday. }anuary23. 1981 / Notices (n) Exit intervi;w; and lo) Fmil written report documenting s:mphs in a variety cf s.rople medis the results of the inspe. tion and fmdings resulting from a major accident can be Subcommittee will review operstmg analyzed in a time frame that will allow expenen:e. des ee of success in tn e:ch atm.
(2)1n cddition. the inspector should timely decisions to be made regardmg thematmg the core power flu:tuations.
perf rm the following:
pubhc health and saiety, core performance (fuel and stru:tural).
(a)1nd:
- d. Arrangements should be made to plans for testeg and cperation at levels s:mphng. pendent surveys and partcipate in the Environmental above 70% of rated power and plans for (3) Additional guidance is contamed Protection Agency quality assurance future eperations. mod;Iications.
refue'in;. and shift mannmg m apprgpnate NRC regulatory and '
program for laboratory performance /
requirments. Nouce of this meetag was msp;ctcn guides. A complete -
Dated at Washioper. D.C. this leth day of pubbshed Jan.12.
gn,,7y, ne1.
mspecti!n should be performed at least
- Sofety Philosphy, Te:hnology ond ence pit y;ar.
For the Nuclear Regulatory Commission.
Criten:. Janua y M. 1981.,14s Angeles,
- d. OperationclDatc heview C. %'
CA.The Sub:cmmittee will 6scuss (1)la cd6 tion % the reporting
^'8'8"#'3""7 d'
"*"I#^'
tequirements for new (beyond Near.
requir:ments required by the regulations
!"L " -"' * " **"*1 Term Construction Permit) reactor er license con 6tions, the licensee will
- C""""
plants. Notice of this c:eeting was submit in writing to the regulatoiv published Jan 14.
ag:ncy within 60 days af ter January 1
' 'E.xtreme E.xtemc/Phenomene.
I and July I ei each year, reports Advisory Committee on Reactor January 2M 1981.1.os Angeles. CA.
?p;cifying the quantity of each of the Same Proposed htms The Subcommittee wdl ascuss the erincipal r:dionuclides released to In order to provide advance status of the Sets = : Safety Marpns mrestrictd areas in liquid and in information regar6ng proposed Program. Notice of this meeting was ase:us efliuents during the previous six meet! cgs of the ACRS Subcommitters pubbshed Jan.14.
,onths cf speration.This data shall be and Working Groups, and of the full
- Son Onofre 3 cadJ. January 21.1981.
eported in a manner that wiu permit the Committee, the following prelimmary 1.os Angeles. CA. The Sub:ommittee will rulate y egency to confinn the schedule reDects the current situation.
meet to review de seismology and tenhal annual radiatien doses to the taking into a: count adduonal meetmss geology related items fer San Onofre a blic.
(3) All data from the radiological and whi:h have been scheduled and Units : and 3 for an Operatmg 1.i:ense.
on ra6ologi:al environmental meetings which have been postponed or Nou:e of this rneetbg was puchshed onitoring program will also be cancelled smee the last list of proposed jan.15.
meenngs pubbshed Dec. =.1950
'fiegul::o y Arrivities. Feb ua y 3.
- bmitted for the same time periods and Mic3 Those meetings which are(45 FR 1981. Washmsten. DC. The cquency. The data wil' be reported in definitely scheduled trave hai or will Subcommittee wil; 6s:us: preposed manner that will allow the regulatorv
- ency to conform the dose to recepto'rs.
have. an in6vidual notice published in Regulato y Cuides and Rep:]ations.
the Federal Re Nou:e cf this meeting was pubbshed
-trumen:c: ion 6ays 1or more)gister approximately 15jan.19.
prior to the meetmg.
iL The State should have available These Subcommittee and Working
- P;cn Fe::ures Imper:::::: S:lc:v.
..n field end laboratory Croup meeungs for which it is February 3.1981. Washmgten. D? The
- trumentation sufficient to ensure the anticpated that there wiU be a poruon Sub:cmr'.v. tee win 6s:uss the NRC ensee's control cf matenals and to or all of the meeting open to the publi:
definitions of the te ms " safety pade".
hdate the licensee's measurements.
are m6:ated by an astensk (*l. It is
- safety related" and "important to r.. The State willsubmit its hst of expe:ted that the sessions of tne fuD safety" as developed for tesu=ony strumentation to the NRC for review.
Committee meetmg designated by an related to the Tntee Mile Island Un:t i rangements should be made for asterisk (*) will be open m whole or in restart. as weu as. view the genen hbrotmg such equipment.
part to the public. ACRS full Corrcittee implications of tne use cf these 5.1.a b:ra t ory. type ins trume.n t a tien meetegs begin at 8:30 a.m. and defm:tions e the licensing process.
auld be available in a State agency or Subcommittee and Working Croup Notice of this meeting was pubbshed jan.19.
ough a commercial service wnich has tneetings usually begin at 8:30 a.m. The
'NRC Scfety P.esearch Prep =m.
~ capability for quantitative and time when items listed on the agenda February 4.1981. Washington. DC. The ahtative cnalysis of radionuclides will be discussed during full Committee i
ioci: lid with natural uranium and its meetings and when Subcommittee and Subcommittee will discuss NRC's long.
ay chain. primarily: U-238. Re ro.
Working Group meetings will start will range safety research plan and ACPS 200. Pb :10. and Rn 02. in a variety be published prior to each meeting.
comments on the Office of Nuclear
. ample media such as will be Infonnation as to whether a meeting has Regulatory Research response to ACRS ountered from an environmental been firmly schedulei cancelled or recommendations in NUPIC-0099.
nphn: program.
reschedulei or whether chances have Souce of this meeteg was published jan. :t inalysis cnd data redu: tion from been mace in the agenda ior the-trato y analyt cal facihties should be February 1981 ACRS full Committee
- S:!e:f Philos:phy. Technology :nd meeung can be obtamed by a prepaid Crnerie. Februa y 4.193L Washmpen.
Aable to the hcensing and inspection nonties in a timely manner.
telephone call to the Ofhce c! the DC. The Sub:e==:ttee wid is: ss the mally, the data should be available F.xecutive Director of the Committee proposed Near Te= Constru:uon Femit. Nobce cf this meeung was 1m 33 days of submittal. State (telephone =2/cw3:57. ATTN; Marv F_
estabihty of quahty assurance (QAl Vancerholt) between B:15 am. and 5:00 pubbsned jar L pm F. aster Time.
- ne :::tf.ce'iclope:!Effe::3.
trams should also be established for Februa y L 19EL no3 pc.}.
a n.dytical labora tones.
g7,g gggg,gg, Washmpton. DC. Tne Subcommittee is A ranFements should also be
'for: St. Vrcia. lanuary :".193L at to renew cnd comment on tne NR.
.p;eted so tnat a large number of site. near 1.ongmont. CO. The S:affs pcper to the NRC Commissioners on the cu rent ste:us of tnmkm; and 0
10 76
~ V eo 9
g j\\
oU
4 ENCLOSURE 2 WASHINGTON Written Assessments The State Environmental Policy Act and implementing guidelines appear to contain adequate authority and re p tements for a written enalysis of the impact of a proposed activity which would satisfy the requirements of 5274o(3)(C) of the Atomic Energy Act (AEA), as amended (!WAC 197-10-100, 405,420,425).
It is understood that the State guidelines permit prepara-tion of the EIS by persons outside the lead agency under the direction of a responsible official within the lead agency.
In fact, it is noted that the applicant was listed as a contributor to the recent draft statement prepared on the Dawn project.
This has the appearances of conflict of interest. The State must do an indeoendent assessment of each of the environmental impact areas delineated in 1274o(3)(C) of the AEA; assessments by applicants or operators cannot be accepted without independent review by the State.
It should be demonstrated how independence in the State assessment is assured.
(10 CFR 5150.31(b)(3)(iii)).
The written assessments required by State regula-tions appear to satisfy the requirement of Section 274o(3)(C)(iv) with the exception that there is no provision for addressing decontamination.
Reculations It is noted that the Uranium Mill Tailings Radiation Control Act (UMTRCA) requires that Agreement States have, as of November 1981, regulations which are equivalent to the extent practicable, or more stringent than Commission regulations on uranium milling.
The Ccmission considers that its recently promulgated regulations are practicable to implement in Agreement Statt. as they are based upon the analysis in the final GEIS which addressed operations
)
in both Agreement and non-Agreement States.
The Commission regulations constitute minimum national standards (10 CFR !150.31).
In connection with this, the staff has reviewed Washington's regulations, including those which were scheduled for adoption on November 24, 1980.
Although the State's regulations address many of the significcnt issues, they do not adequatel and 10 CFR 5150.31(b)y cover all of the points in Appendix A to 10 CFR 40(which, a standards concerning technical, financial and institutional control aspects of uranium mill tailings disposal).
Comments on the specific provisions of the State's regulations in terms of their equivalency to minimum national standards are contained in later sections of this enclosure.
In connection with' developing these regulations, the State should recognize that the UMTRCA states that duplication of proceedings conducted by the Commission is not necessary (last sentence of Section 274o of the AEA, as 1
amended).
Since the Commission developed the substantive regulations (45 FR 65521) on uranium mills through a full and public rulemaking pro-ceeding (NUREG-0706), the State may wish to incorporate the record developed l
by the NRC as a part of any rulemaking that may be necessary under State law.
In fact, the simplest approach might be for the State to adopt language identical to that contained in the NRC regulations.
9
- 2..
y A detailed review of the Washington regulations is attached.
Immediate Action at Existina Mills During the interim period (before November 1981).1204(h)(1)ofUMTRCA,as amended requires Agreement States to implement NRC regulations to the maximum extent practicable, as stated in the FR Notice issuing the regula-tions (see 45 FR 65530).
The Commission considers it practicable and necessary for Agreement States' mill operators:
(a) to begin now (as opposed to after November 1981) to develop programs meeting the regulations; (b) to submit such programs to the Agreement States on the same schedule as non-Agreement State operations; (c) and to immediately implement steps to deal with presently occurring impacts such as blowing of tailings and uncontrolled seepage.
By nature of its participation in the environmental assessment conducted in connection with the Dawn Mining Company license renewal, the NRC staff is aware that some steps are being taken to upgrade operations at this facility.
However, at the present time, we are unaware of any steps which Washington has taken in this matter pertaining to the Western Nuclear, Sherwood facility.
Staff Resources and Orcanizational Relationships The Washington response indicates that 2.55 staff years' effort is currently dedicated to uranium mill licensing activity.
As indicated, this is appro-priate for handling a major license renewal; however, it does not take into account the other miscellaneous licensing activities referred to in Criterion 34(a) (Enclosure 1).
The specific agreements which document that such services are, in fact, available should be provided. The experience of the individuals who contribute to the 2.55 staff years of effort should also be provided in order for NRC to determine whether these, supplemented by the consultants and other contributing agency personnel referred to, constitute an adequately qualified staff.
The Washington response further indicates that the State understands and acknowledges the requirements of Criterion 33 (a-c).
The response states that Department of Social and Health Services (DSHS) staff have begun developing interagency agreements with other State organizations.
Charts indicating which other State organizations will contribute to an environ-mental assessment (presumably those offices with which DSHS is developing agreements) should be provided.
A discussion of the area and level of each group's involvement in a review and their corresponding contribution to an assessment would be helpful in understanding State compliance with Criterion 33a.
The State response should also include a discussion of contributions T
..e w
from groups within the DSHS other than the Radiation Control Section. The arrangements for making such resources available should be documented, confirmed by budgetary cost centers, and should clearly indicate the lines of communication and administrative control exercised by the lead agency in order to ensure that the required independent environmental appraisal will be completed.
With respect to consultants, we need to know'the degree to which the State will rely on consultants, identification of those substantive areas for which consultants will be contracted, an indication of the qualification requirements for such consultants, and the budget planning that will be provided to assure these consultative services will be available on a routine and continuing basis.
Inspection:
In Mr. Stro g's September 24, 1980 letter to Mr. Kerr, it was stated that inspections of uranium mills will be performed by doing one quarter of a complete inspection four times a year (p.3, Item VI.C.1).
We see no problem with this inspection plan provided it is clear that at the end of a year a complete inspection has been performed.
Public Hearinas 0pportunity for public hearing must be provideo regardless of environmental significance.
In addition, the scope of the nearing must extend to the question of license issuance, not merely to the adequacy of the reclamation, disposal, decommissioning and decontamination plan (Section 274o.(3)(A)(1),
AEA).
4
ATTACHMENT DETAILED REVIEW OF WASHINGTON REGULATIONS IN TERMS OF APPENDIX A,10 CFR 40 4
Our review was conducted by comparing the Washington /egulations with Appendix A, 10 CFR 40. A mark-up of Appendix A is included and each piant which the State regulations must cover in an equivalent manner has been annotated ("A","A-1","B-1",etc.).
The results of our review are summarized in the following table where we indicate those points that were adequately covered or not covered in the present Washington regulations.
Following the table, we have provided clarifying comments.
ANNOTATED POINTS OF APPENDIX A Section Not Covered Adecuately Covered Introduction B,C,D A
402-52-005+
-010(5)
Criterion 1 B, C, A-2, A-3 A-1
-015(1)
D
-020 Criterion 2 A*
. Criterion 3 B, C A,* D 015(3) t l
Criterion 4 C-1,* C-2, C-3, E, F, G-1, A
-015(2(a)
G-2,G-3,G-4,G-5,(G*),
B
-015 2 (e)
H,*
I,* J D
-020 2 K*
-015 3) 4 L*
-015(5)
I Criterion 5 A,* B',
C-2, C-3, E-2, E-3, C-1
-015(6)(2)
E-4, G, H, I, J, K-1, K-2, D*
-015(6)(b)
K-3, K-4, K-5, K-6 E-1
-0156)(b F
-015 6)(c L
-015 6)(d Criterion 6 B. E-1, E-2, F*
A, C, D
-020(2) 1
+ Section of the Washington regulations where the identified item from NRC regulations is covered.
Unless otherwise stated, the citation of Washington regulations is in abbreviated form and applies to Section WAC 402-52 (for example, Section WAC 402-52-010(1) is cited as -010(1).)
- Clarifying comments are made on this item following the table.
Attachment.,
Section Not Covered Adequately Covered Criterion 7 A
-015(7)
B
-010(6)
Criterion 8 B, C-1, C-2, C-3, C-4, C-5, A
-025(1), -010(7)c C-6,(C*),E
-010(4)
D
-010(7)
F
-025(3)
Criterion 8a A*, B Criterion 9 B-2, B-3, C,* D, E, F,*
A-1 402-22-070(6)(b)
G,* H, I, K A-2 402-22-070(6)(b)
B-1 402-22-070(6)(b)
J*
402-22-070(6)(b)
Criterion 10*
A,B,C Criterion 11*
A,* D, E B
402-22-070(6)(c)
C 402-22-070(6)(c)
Criterion 12 B, C A
402-52-020 CLARIFYING COMMENTS
==
Introduction:==
None Criterion 1-None Criterion 2:
1.
WAC-402-52-015 needs to make a stronger statement regarding the non-proliferation of small waste disposal sites. The present state require-ment is only that consideration be given to the utilization of existing sites. The requirement should indicate that wast 6d from small operations shall be disposed of at existing sites unless the impacts of such offsite disposal clearly outweigh the benefits or demonstrate it to be
)
impracticable.
1
- Clarifying comments are made on this item following the table.
j l
I
i i
~
Attachment.
Criterion 3:
l 1.
Item ** A - See Comment No. 4, under "Other Comments," below.
l Criterion 4:
1.
Items C-1 and H -- WAC 402-52-020(2) (first part) addresses this generally but does not clearly indicate gradual slopes and contouring are necessary primarily for erosion control.
2.
WAC 402-51-010(6), -015(d), -020(4) refer to use of drainage or diversion ditches near impoundments, it must be explicitly stated that such structures are not acceptable for long-term diversion of waters unless small upstream drainages are involved and it can be clearly shown that they will not require active maintenance.
3.
WAC 402-52-015(d) calls for upstream catchments to be provided. This conflicts with item A and should be deleted.
4.
Item G -- WAC-402-52-020(5) does not cover all points under item G.
Furthermore, it wrongly suggests that some materials (such as cement and petroleum products) which would not provide sufficient long-term stabilization might be acceptable.
5.
Item I -- WAC-402-52-020(3) should be extended to cover.those areas on the impoundment which may collect some direct precipitation runoff and drainage.
6.
Items K and L - See Comment No. 4, under "Other Comments," below.
Criterion 5:
1.
Item A -- WAC 402-52-015(2)(c) inappropriately suggests that seepage can be controlled by locating impoundments away from water courses.
WAC 402-52-015(6) has the appropriate wording.
2.
Item D -- WAC 402-52-015(6)(b) should include a requirement for consideration of conservation.
- Where mentioned, " item" refers to those items in NRC regulations identified in Attachment.
n Attachment Criterion 6:
l.
Item F -- WAC 402-52-015(2) should be revised to indicate that cover materials of elevated activity are significant only near the surface as written in NRC regulations.
Criterion 8:
1.
Item C -- Sections WAC 402-52-025(2) and (3') generally treat the subject of yellowcake stack control.
The detail in item C is not provided, how-ever.
Criterion 8a:
1.
Item A -- The " regular" inspection required in WAC-402-52-010(6) should be revised to specifically require daily inspections.
Criterion 9:
1.
Item A-1 -- Although WAC-402-22-070(6)(b) requires a bond before issuance of a license for a new operation, the requirement is only for receipt prior to issuance of license renewal for existing sites.
This is not acceptable as indicated above, under Immediate Action at Existina Siter It is necessary for mill operators to develop programs meeting the regulations now.
2.
Item C -- Although the Washington regulations require a pay-as-you-go fund for long-term site control, the rainimum total charge should be covered by the surety amount from the beginning of operations.
3.
Items F and G -- Although there is a provision in WAC-402-22-070(6)(b) for review and adjustment of the required bond amount by the State regulatory agency, the specific factors which will be considered in this review and, therefore, which could possibly lead to a revision in the required bond amount, should be addressed.
4.
The ability to exempt licensees, new section RCW 70.110 513, is con-trary to 10 CFR 40 Appendix A, Criterion 9 which requires surety for each mill operator '? fore operations begin.
Criterion 10:
1.
In view of the differing structures of the Federal and State long-term monitoring funds, there is the possibility that, at some time in the future the fixed maximum amount specified in the Washington regulations ($1,000,000) may not be sufficient.
Att
, ment.
2.
Although the Washington regalation (WAC-402-52-020) indicates that no active maintenance can be necessary to preserve isolation, this concept should be explicitly stated where the " Radiation Perpetual Maintenance Fund" is discussed so that the existance of this fund as entitled does not encourage programs which need on-going active maintenance.
Criterion 11:
1.
Section RCW 70.121.060 appears to indicate that the State has some discretion concerning the ability of the operator to transfer title.
This judgement is reserved by Section 83(b) of the Atomic Energy Act to the Commission.
2.
Item A -- The section of the requirement for the license to contain terms to provide for ownership transfer applicable to existing licensees should apply prior to renewal of the license, as' stated in WAC-402 070(6)(c), and/or prior to termination of the license.
3.
New Section WAC 402-22-070(6)(c) provides that the owner, prior to issuance of the license, must agree to transfer title to tailings disposal lands upon license termination.
It does not require transfer as a condition precedent to license termination.
Under present wording it is at least theoretically possible for the license to terminate and the owner to thereafter breach his agreement to transfer title.
4.
New Section WAC-402-22-070(6)(c).
New Section WAC 70.110 Sec. 3(b).
Exemption from these requirements should run only to lands owned by any Indian Tribe which are subject to a restriction against alienation imposed by the U.S. Exemption for all Indian-owned land is much too broad.
Other Comments _1 1.
It is not clear that WAC-402-52-015, " Proposed Tailing Disposal Facilities,"
provides that the requirements, considerations and objectives contained therein are applicable at existing sites as it must.
In general, while the alternatives for tailings disposal are more limited at existing sites than at new facilities, evalurtion of programs at existing mills must be done in terms of all of the Appendix A to 10 CFR 40 Criteria, except as specificaTly noted in Appendix A.
As described in 45 FR 65524
" Existing Sites" and NUREG-0706 Section 12.4, the determination of the exact extent to which measures are taken to meet Appendix A Criteria at existing mills can only be determined on a site specific basis; general exclusions for existing sites as indicated by WAC-42-52-015 are inappropriate.
Attachment..
2.
WAC-402-52-010(2), if kept in final regulations, should go further than it does to prohibit erosion of the tailings retention system and not just of the tailings themselves.
3.
WAC-402-52-010(9) should state that the Department cannot waive a requirement which is derived from NRC regulations which are minimum national standards.
4.
The NRC staff will review amended Washington regulations to determine that the items identified in the above Table are fully covered in the amended regulations.
However, in itemizing Appendix A Criteria as shown in Attachment 2, some of the " fine points" in the Appendix A Criteria are not brought out. The final wording of Appendix A Criteria was carefully worked out after conside' ring numerous public comments on the draft criteria (see Appendix A to NUREG-0706). As a result, in revising,its regulations, the State should carefrily consider the wording of each of the Appendix A Criteria noted as " covered" in the Table, and where different words are used in State regulations to determine that it is not significant.
An example of this is Item A of Criterion 3.
The definition of below grade is not included in Washington regulations; this definition was added for clarification to NRC regulations following many comments on the matter in the draf t NRC regulations.
e
App =8= A to Part es
- .
- OIiteria Relatingas the Opersidei prus!snT4ms and the Dupostoon of TaDanes '
~
or Wastes Produced by the Extraction se Concentration of Source Material From Drus 9W 9
D 9
Processed Pnmar0y for Their Source Material.
9 Con-t.
.]-
a
- Introduction. Every appbcant fee a hcense m.
.m to possess and see source materialin conjunction with uranism or thorma enEas.
or byproduct matenal at sites formerty mucomied with seh mang. ia r.gui,.a by the provisions of I 4c.21(3) to indade in a beense application prooosed spee***ticas reishca to % operaLena anc r.me disposition of taihngs or waste resulting froen Jud calms actinties.This appendix estbhsbes teMa! fimcial. ownership.
and long term site survemance criteria relatmg to the siting. opersucc.
deconta=ina bon, dece=missioning. and redamation of mms and tath pa or waste systems and sites at which such mma and systems are located. As saed in this appendur the term *as lo. as la reasonably achievable" has the same meaning as in parapsph 20.1(c) of 30 C2R 20 of this Chapter.
In many cases. Dex!buity is provided in the enteria to allow achieving an optimum tailings disposal propam on a site speciSq basis. However.in such cases the cbjectives.
te nical alternatives. and concerns which caust be taken into acceent in developing a tailmg progam are identi$ed. As provided by the provtsions of f 4c.*.1(g). applications
,forlicenses must dea iv demonstrate bow 6
the entena have been sacrenf De sped $ cations shall be developed considenng the expected fuD capacity of.
tauings or waste systems and the lifetime of
=3 operations. Woere later expansions of systems or operat2cas may be laely (for OC " mple. when larre quantities of on uw margmaUy unecono=ical may be stockpiled),
the amenciabihry cf tse disposal system io "
e cco.~.:odate increased capa::ibes without degadation in long ter== stabiLty and otnar re-for: nance factors sha!I be evaluated.
- Detai;ed pmpe=s meeting the technical c:d financial cnteria in this,Appendax.
indudmg apprepnate e :pperunF data.
s.alyses. and alternauves. shau be developed by existmg uranium snillmg i
beensees and Eled with the D. rector of P
Nudear Materiaj Safety and Safeguards. tf.S.
Nudear Regulate y Co= mission.
Washmgton, D.C. "'"t in cocnection with beense renewal appbcations er within nine mcinths frem the effective date of taas Appencu. wnicnever oce s Erst.
5."i:ECNE FCu C Ui)4 C A C)
EeYC/4.Z-T.eOJ fEEMetJI T
CL6At Arxe vJ J Ad '61 I
I l
me j
?
u 1.Tamammaal Chianda l
emw
_. -. m.u,,
saUines W a! @ g g,
adequaer t-f rr--"' t="**
mites.the foUomag site features, wtuch w!D determine
/
the extent to sit.ich a propam snects the D""
D 3~~
broad objective ofIsolatan the t=Nem and
(
l assa:iated contamma ts enxn man and the Mw
_)__
o.
2 ervoor=nent a:nna c9e:3nons and for trasa.w.s of usars inceafte yM ocso=.s ae m cau:tenam shall be W
- eemoteness from popsdated areg
- byiologi:and o:ner namral concations as they cret-ibute to cor tmned t=rreih:ation and isolatio: of contaminants from csable gro.:ndwater sourceg A7, a potental fo -W-~5 erosio:.
dssturbance, and dispcsion by natural forces our the lor.g tern:.
Toe site selection process shall be an opt =czatico to the ma*nn extent r---Kly acidersb;e in terms of these JamtC
> In tne neletwm of disposal sites rimary e@ shall be given to isolation of 14.;43 c wastes, a matter hav =g long term i = pacts, a e opposed to consideration only of short ter:n cer=renience or beneSts, such as r-~umaDon cf t ta
.4 con or land ecqt:isitic: cg6 r.de tselation cf tailings j
c.'l be a func*.cn cf bcth s.te and engineenn3 OC disip. cre-idme consiceranon shall be Fn e: to s:ung sea:ures pve: tne long term
- c.ature cithe t-thags hau[fip a manner Tal. lings shall be disposec c that te active raistera e is required to presen e conc; nous cd tse site.
Cntence :--Tc avoid p chieration of small waste disposal sites an:t tsereby reduce pc petualsu ve21ance obhgatons. byproduct zna:cf.rd frc= 1: situ extra ete: cperatiens.
cuch as resuines fro = solutic: evaporation et contaminated co= trol procmsees. and we stes from s:nall remote abeve g ocad extraction cperst one shall be cksposed of at existing larye snill t a niPri disposal sites: unless, considerms the nature of the wastes.such as their rol=ne and speciac actvity, and the costs and c:nirun:nentali= pacts of transpo-ung the wastes to a la Fe d:8posal site.such cEsite 6 posa!is demonstrated to be impracticable o the advantages cf onsite burial clearly o:tweigh the beneLts of redu=ng the pepenia'seveillance ot2isatens.
o ee
cenatA - 5~+A eex w cen n 0**D
~T, t
do3 o
o l
l
~
cianon wn. orime erse-for 6sposalof tallags ta placement below grada.
either in ::Unas or spacauy excavatac pua (that is. where the need for any speciaDy cxmstructed ret-aw structure is elamnatedl./
/ Tee evaluados of alternativa sites and 6sposal methods performed by m!U operators ic support cf their proposed talhngs 6sposal program (prmided in appbcants' emvonmental reports) sha!! refled senous M*-=*
c' this 6sposal mode. in some
/ natances. below grade 6sposal may not be the most environmentaDy sound approach, such as sa:sht be the case if a high quahty groundwetar formation la relauvely close to the surface or not very wen isolated by enrinns soila and rock Also, geologic aral topographic con 6tions might make fun below graoe burialimpracticable: for example.
bedoci may be sdheiently r. ear the surface that blasung would be required to escavate a 6spesal pit at excessive cost and rnore suitable alte r. ate sites are not asailable W=e fM t+1ow c ade buna! s not ers e-2 W. tne stre of retention structure and size and steepness of slopes of associated exposed e=bankment hall be mini =ized by excavatio: to the asimum exte:t rease-*bly achievable or apprepnete pren the e. eepe and hydrolope conditions s at a gtsese cases,it e W 1*
demensrated that an above grace 6sposal proram wu previde reasonably equivalent isolation of the taihngs from natural crosional forces.
s Cntenon 4-The follemins site and desirn Cr.leria sha'.* be aC3etec to w he:npr ta:I:r.Rs or wa s!*1 a ** =1sDO6ec of e m'Ve#'* Ow Cn.1W (a) Upstreac2 rainfali catchment aress must be --W to decrease erosion potential and the size of the e-artmum pessible flood which could erode or wash out sections cf the tautngs disposal ar#
b)Topog sphic featu n should proside
@ j ((od wind protects [
po c) D-bed-ent and cover sleoes shafl be relsketv fast af ter fmal stabdmon to r=" ume crosso: potential ant: to preside C
conserrauve fe-ts of safety assunns long ter:n stab" ~.ne broad objectae shet.!d be to contour faal alopes to g ades which are as close as pessible to those which would be p mided if taihr.g: were 6spesed cf belon pade; this could. for exa.mpla. lead to slopes cf a boet W W.r.ontal to 1 s ert2 cal (10h:1v) or less si enera!, slow should not be siepes are proposed. r[.
steepe tsar. about 5h ere steeper easons why a slope less sicep than 5h:1v would be impracucable C'J should be provided, and cornpensating
(
fa.to s and concitsons which :.de such s!cpes ac:e;able shodd be idenGlied.
t m
r
'&6&& k
- WTI (d) A in!!--U - M vegetatsve esme mo oYQ' OE
.ha:lw e e-- w roci
..pior.d D
D DJ to rednoe wmd and water erosace to o M-[
- gg _
m co Wkre a f.m vegetative com is not 11elv to be seU-eustasuas due to chmatic or other g
concmoca. sucm as m secu-arid and arid repana, rock ewe shad be e=rieved on jslopea of tne "__~-+~m sysipC wC) conanoer reiaxxog thia requnment for ceramely tentle slopes such as has which may exist oc the top of4ae pjlef j
The foLomng factoes shah oe cocaidered is es'.ab!.iahms the final rock cover desip to m
sveld de'=
-* o! rock partides by '
CT hi=.an and anirnal tr 5c or by natural p o=*aes, and to produde andercuttirtg and p2Pm8'
- shaise.!: composttio-[and sredatio[
Oc'-- /cf rock particleriezoeptmgm r-ate-ial average perud shall be at least cobbie mise or grea
/
- rock carer Mand socinp6f pameles by a== aaf/--
- st.er-af anaerlying alone/'-
Indmanalrock fram shallAe dense /
i inount/and resistant to abrasion (and shall be
- ree from cracka. e,a m and other defects b
sat would ted to unduly increase their distn:ctio. by wate-asd frost aetions/ Weak.
!/riable. orla inated aggregate sha!! not be us21 Snaie. res la=maied with shalc. and che-ts shall eet be esejp Rod cover.ng cf slopes may not be frequi.ed whe, tcp covers a:e very thicMon
'~9 the e-der cf wm or g eateryfi=po.mdment s' opes are ve y retie (en the cWer cf to h:1y i
i er lesspuli cover materials have inherently /
$ ave a.,le erosic: resistance characterisecs/
pd.there is negbrible drainage catchment p.rea upstream of the pue and good wind
/
p otectien as described in points (a) and (by cf this Cnte ro[n.
Fc-ther= ore. aJ i=poemdment surfaces shaI conc! be ce=teured to avoid areas of h
entrated st:4 ace tunoC or abra-t or sharp changes is slope gra6ert/m audition j to rock cover o= sicpes. areas toward which surface rusef might be directed shall be well 4
p ote,e,,',r,,d, wii substa.:tial rock cover (np ve,,p,jfm ad6ces to p eviding for stability of tse =pousinest syste= itsr" oyerall stabitty/cos' tial/and seemo phol
! ru-rocndirs te-rein sha!!
,/
be evaluated to anst e tsat toere are not engo=g or potental procenes. such as gully erosion which would lead to impoundment p.stahih C (1) The :=potme% nt shall not be located near a capable fac!t that could car.ae a r-n-- =n credib',e ecthquale larger than that miich the impoundment could reascr. ably be expected to withstand. As need m this enterio the te = capable fault-s ///Z j@(, fig /3 g
has the same mee w as defined e i III(g) of Appesix A c!10 cm 100.The te m "D
M
/@
m
- cedib;e ear 6 quake means that earthquake which wm;.ld cause the imar: um fg gyqgg f.1 rat. y; cund t:etet based upon an eva.luabon cf eartaqr.ake potential eaide-.ng the repccal and local eoloEY F
er.d seir=clep' a:d spec pc! local subsurface :.ater[ific A acterist2cs (f)"be i= pet:nc:me=t. whe e feasible.
sho.dd be designed to nscorpoiste features which wil!,....c:e depositsc. Fer example, disp. fea tures wh2ch promote deposttien of i sei=ent s.Jpended m any runoC which i.".n s :.tc
.e :- ru..:nent area r.:ght be lut? ui the chteet cf such a desip feature
._, = o..: De te enter.ce tne tr.ackness of cover
/ c*.e* t:
c.
og
. Cdterton S-Samps chan be talan tEtmhur
[
sensee of taxic materials into poundwater O
O4 OO y
to tne marnum exteet veesonsth i
4cidevab) seepage wtuch coes occur yV ahaH
.t reeult tn dete-io-ation of ex2rtiny c e=dwam sv->ues trem tne:- curre:Mr pote-tashnes. Toe fobowing shnu be.
/amsacereci an order to eccomphah this cb}ectres:
i
- testaUstice oflow dermeabilit, bottosa
- hnEkTWhere syntnetac kners are ased, a,
ta"re detectmo erstam shan be in.tened l[
.I tmmed.iate}y below the hner to ensure major
_ V(-ZsdSe n to the d-termonitonns lf Du es an detecaed if they occur.This is tn e}
pw d
d as provided in Criterion y
.M' con ucteclay hnes an proposed or relatrvely thin in-airu clay soils an to be i
rebed upon for seepare contro!. tests shad be condseted Mth represe=tatrve taihngs solutima and clay materials to cochm that no air-ht deterioration of permeab!!!!y or stabihty propernes wcl occur with contmuous expoem of clay to tanings solutions. Tests shaU be run for a suf5cient pened of t:me to reveal any effects if they are
\\
soing to occ=r [m same cases. deteriorstion t.as been observed to occur rather rapidly
?after about nine months cf exposure)).
- cill process designs which prende the cux=u-acticable rervele of soluttens M
anc conservati: ci water to reduce the net W
t..put cf bquid to the tal'L ps i= pound =ent.
e dewatenne of taihnes by process devices nnd/or in-situ cramaFe systemsIAt new sites. taihets shah be dewatered by a f) dralr.ase syste= 1r.v.d:ed at the bottom of the i=poundment to lower the phnatic surface
- .nd reduce the dnnnFbead for seepage, unless tests show talh=gs an cet amenable to such a rysgere in-situ dewatering is
-2 to be conducte:., the i=poundment bottom shaU be t eded te entre that the drains are Ogg' at a low pogme crains shaU be protected oy suitable sc:er c:sterials t anmre that drains rema:s tree run.i.f.ne drainage 54 syste= sha!! also be adequately sized to mzsure Food drainage.).
e' ceutrahzataa: to prc=cte i=mobili:atien h of texi: substances.
%~eere reundwater impacts an c::u.tring st an erst =g site due to seepage, actien shaU be turn to aHeviate cond;tions that lead to g
emtve seepage i= pacts and restore poundwate quabty to its potential use before culh:g opeations began to the esaxi=um extent praeti:abgce specific
/ seepage control and pocacwater protection tntthod. or combination of =ethods, to be
'crid - t be worked out on a site-speciDc bas:
4 echnical speci$ cations shat be OH control systg'instaHaties of seepage prepared to contru uality a ssurance, testing.
'y=d t:spectos prepa=. whi:h includes y es:rpeMsien by a cualiSed enFineer or smennst, shall be estabhshed to assure the spe:iScat>ons an met.
j
(% $ - $N M
Mb~Mbb (ed:e se petmary mea.d.f p oi. cme 9A w!D y
' groundwater shall be teolation of tanings and I taDass solat>ona, dispo ! tmrovnt rmtact i Jm' e
o J
p.sth gm.:nd.ater e-,m.u a
ew e'
rtmded sLWae tests and analyses are I
prueected ckmonstreteteibat the proposed i
dzsposal and treatment methods wi7 pot degrode water from cumnfor Potential
}
In support of a ta!!mps disposal system Q
proposal, the applicant /operato* shad supoly hy iniomatiers conce:T.!ng the follow 1fns-
- The caemical and re6oactm t
ral l
'charactenstacs of tne waste solut:[ Q
- De characteristics of the undenymg so and pologie formatiopr particularly as tary wiU centrol transpo.Yof centaminants and g
solutions.n.is shad include deJaded f clormatiop cong extent. thiyha unifo ity, shape and onentation of f undedying etrup. Hydreuhe Frs6ents and conductivities of the vanons formations shs!!
be determg This information shad be gathe ed from be t :es and Meld se-vn r ethods taken m1 tats tne proponec ampounc. ment area and in surroundmg areas where contaminents might migrate to usable groundwater. The information 3.thered on bo eboles shau 66 t::clude both st.g.b;r; eM ree->werl fr."/
m s 'Deient nu noer and cegree'of 6.ph.stacatien to elinw dete mi-iac sig- e.'*
- d+vr* t' t'itie s a ct'ns. a-d che".nt?ed ce00$lt! Cf h4h hyCrau!)C conducinw. h beac survey metnods are bsec. tney should be in adt.ition twd calibrated with borehole neceine.Aydrn!ninc parameters such as permeaomty sha!! nat tw Dg determir.ed en the basis eflaberatory cualysis of samples alone: a sufficient amount of field test:ng (eg, pump tests) sh.m be conducted to assure actual field prop. ris s c
e e adequately und*+eed fe~s"t:ng sh.!; be conducted to allow estimatm; che ni-sorpthin Kj attenuation pmperties of underlymg soil and ms..r toca uon. extent. quahty. capaetty and current uses cf any groadwater at and near
/ ne site.
Fcethermore, steps shall be taken d ar:nz stockpiling of cre to c inimize penetratino of radienuclides into underlymg soils: smt.61.-
noethoos include lining and/or coe:pection of o e v1 orate areas.
/
t 4
h
o*"D "D ~T Criterion 6--Samcient sanh ccreer. bet not
'O 0 d
S less Jhan thrw meters. shad be placed os er h g.f taangs or wastes at the esd of mHhns operations to result in a calculated redtete in surface nElatiiin ofta don emanatmg from the tallings o' wastes to less than two pm*ies per scuare meter per secon[d
/r, :o=putang requuec ta mgs cover
.bcknesses. anoisture in soils in==a of ur.ounts found normaDy in similar soils in st=dlar croestances shall not be consid edMet gamma exposure from the t.silmgs c-wastes s'~dd be reduced to backg ound leMe5ects cf any thin h,
sptbetic layer anall not be taken into iccount in determining the calculated redon p epesed to recuce tallmas covers tolcss
<J _ -2 exhalation 1:n![ non-soiled materials are C
than three meters,it must be demonstrated that such materials will not crack or degrek by differential settlement, weathering. or uber mecharus overlong term time 6 ten [r scrface cover meten.Is (i.e.
/ within tar sep three mete.rs) shall noiinclude mine waste or rock that contabs elevated levels of rac!iu=: soils used for near ssrface cever must be essentiaDy the same. as far as f
radioactivi:y is cencerned, as that of y
s=cund:r.; surface sods.This is to ensuie that surface reden ex.haistion is not sig.ificar.Jy above background because of the cover material itsell
/
S l
e i
i l
4 L
G rt @ A 7 4 SA F6)*
- lo *0 31RA (cert 8 -wect LeM e ll h L=
ens ) _
Critriac 7dAt laest one fuD year prior to '
any may site cxmstruction. e preoperational Of 4
monitorihirogram shall be conducted to provide cn=plete base!tne data on a milhng site and its envi.w/Teroughout the (const ucuan ano operstng phases of the mill.
an operational monitarms program shall be conducted to measce ar evaluate comphance with appbcable stant.ards an3 regulations: to M'
evaluate perfor: nance of control sptems and,'
C p.wiures: to evaluate environmental irt. pacts of operation; and to detect potential lac.t tenn effects.
4
- ~..
~..,.
Cnterion EA--DaDy bspecCons of tauings or waste ryention eystema shaU be '
conductec by sALlified engineer or scientist j and docu nenteUine apprcpriate NRC regional efisce as in6cated 1: Appendix D of to CFR Part :0. or the D. rector. Of5ce of Inspecton and F.nforcement. U.S. Nucleat Regulatory Corntnissicc Washington.D.C.
0555.shaU be imme6ete?vnetified of any h
- f ailure b a taihngs or waste retention system which results in a release of tafimes orweste into unrestncted areas, and/or of any unusual conditions (con 6tions not contemplated in the desig:: of the retention syste=) which if not c=rrected could in6cate the pote:.tial orlead to fallnre of the system and teruitin a relesse of taf!M s or waste F
into unrestncted areas.
s e
.9
drinerico " "'*~ operatims shad be D qgD D
3'T A
o
-A w.o that an airbon..%,
i esos are reduced to levels as low as is -
pA O
D a
/ reasonably,achievableEp-ima y means of accomehsh:nr tms ar.aB be bv means of e=:aasan coctmAs. insututaanal controls, such as eMng the atta boundary and exclusian araa, may be employed to ensure that c5 site expos =rt lun!ts are snet, bct on.S.y ther aH p ac5 cable snaasmee have bess taken to control e=issims at the sourca.
j Notwithstan.ing the existence ofin.tividual done standarda. et:t-t can ol of e-Jaalons is rc2esary to ass =re that populat'on cr;< reres are reduced to the ms. :: mum er.ent reanc. ably achievable e.nd to avoid aa, m - + < % 73, p,stest potential accces of cEs:te rs&staan expos =re (maids from rados expoemi) are dusang f om dry a= faces of the taH*r disposal ares not cxwered by ta0ings *mn and e:niasions from yunowcaka drying and " '
oPmtiona.
Checks aEaIlbe ma6e/and lograd hourly of i
/
a3 paramets (e4 d5erential.
and j eenbber water Low retas) w'-
detersr.ine f
tse e5mency of yellowcake emission 1
coecrol ogwpme=t opera '
t ansa be detertnised whether or not emitons are
- mtth:n a range p esc-ibed to ens =e that the p2 equipment is cperating consistently near peak e5ciency, correctn e action shah be talen when perfomnp_e is outside of p escribed ram /E.luent c=ntrol devices h
shad be op-ratwe at au t=nes du:ing drying s
and paciag:ng operabons and'whenever air is exnausang from the yellowcake sta D ytng and pa6 a r*f operationsL_
te =inate whe: controls are inopersbve[
V.~nen caecks indicate the equipment ts not cperating within the range presc:dbed for peak e5ciency, ae.s she be taken to
/tstore parameters to the prescribed raa.gg[
Wnen this e=mnt be done without shutcown
(-f/ and repa:ra. dry =g and p.4 r-s epations shall cease as soon as practicable.
Operabens snar not be re-started aner cessatien due to wH. normal perfomance until needed correct:ye ac* ions hav Jdentined and t=plement such
/ cessations. ce ective actions. and re-starts
(-t, shad be reported to the appropnate NRC.
regional of5ce as indicated in Crtterion BA. in w:iting, within 10 days cf the subsequent
- 1'
/ *To control dns".g from tanings, that port >on not ceve:nd by stam'ia.g liquids shall.
be weMeA c.- Ar-W'!v nubihzed to prevent or mmem* blowing and dnating to the r-a rmmm extent reasonably achievable.nis requirement tsay be relaud if taEmgs are effectively abelte ed fro =2 wind. such as may be the case where they are disposed of below rade and the tauings surface is not exposed to w gitsideration shaU be pven in
/ plan:ung taihngs disposal programs to rnethe.is which would allow phased coveMrm g
and retir-ate chamarr impoucments smce Inis wn! rielp m centrollms particulate end radon emissions durtng cperabg
/ control dustmg frots diUuse sources such as taumss and ore pads where aute=stic centrols de net apply, operators shau develop wnttea boerat-:p Mes spacifykg the rnett.ocs of control m*ich will be utilized.'
Otisrtan ? M._: ial sare*y amriaements i YN d*"
i
. shad be estabhahed by ench operator ~
g (prire e the s
._.r operaticas to mo m
ensure that enh-w Ir. ads wG be evallabl.
D 0
D r9-\\
A
' j an carry set the d- - -a-- *--ha and 61 u
ih was,=lagof b and stay'and for
- O dd d
3 d
> = + =t=. or or waai.
j dasposal amount of funds to be 2,
i sarared by such sunty arrangements shan be '
t te ed on CW%pproved cod
==**mata@w =Wpproved plan for h) decxrntaminatics and A---MW of miD 1rM wr= and the mChas site to levels wt.ich would eDow cr. estMad one of these areas upon d---'- - - '- r@) the parlamation of s= Umra M wasta dAsposal areas in accordance with technical criteria Mm ated in Section I of this % h /
he==--e shad==6att this plan in ce= junction wtth an a-. tal report that addresses the expectad environmentalimpacta of the m;:hng operatus:. A-*==ioning and sanmra r=4=== bon and evaluatea shernatives for attigating these impacts.h sarety shad also cover the perment of the
~
chage lor]otin tmo sure..n=nr= and control regered by Crstenon m in estabhahms j
e eurety arr-a---w the wama a czast est% shan take into amr=r't total costs that won)d be 6nnwedif an D
independent exrtracsoe were hired to perform the oe- -~~ and reclamation work.j in order to avoid --~*my duplication and expense, the Corr' imaien znay acrept finan-id sureties that have been c: nacbdated m-th financal er sunty cr ange=ents estabhsbed to sneen re ;u;temects of otner Federal or state agencaza andior local Foverning bodies for such decot==inioning. decontaminaten.
3 re&=atc=. and long tn= site surveil:ance and control, prendec such a range =ents an considend acTiuate to s.austy these ret;uirements and that the pertion of the su ety which covers the deco==issioning
/
cad ree!amaton of the cull. min taihngs site c.nd cssociated areas. and the long term fundmg charpe is c3eerly identined and en==:tted 'n use in acc.ompia:ang these /
ccontae ice Iscensee's surety mechanism mG be renewed annually by the Commission F
to assure that suScaent funds would be srallable for ce=pletion cf the reclamation plan if the m ori had to beLerformed by an j
inoependent co-tracto%ne amount of sunty Labury shou!c de acuted to recognize any (y
inenssem decreases resultmg from /
tr6abon/chanyes m eermg plans /
ccDvibes perform and arty other j
ermditaons affectmp enstWeyarciess of whether reclamation as phased through the life of the operation or takes glace at the end cf opersbons, an appropnete portion of surety habibev shall be reteirW until fmal er-apH a~ ws:s tne reciamauor plan is deter =uned.This mill peld a surety that is et least suscient at au tmes to cover the costs of decommiasioning and reclamation cf the crens that are crpected to be disturbed j
before the next bcense renewal.The term of the surety me-hamm mut ba open ended.
-.r uniesa it can be demonstratec that anottar J
arrangement would prende an equavalent level cf assurance.Tcis assurance could be p tnided with a scre*y instrument mtich is wrtiten for e epecified period of tune (e.g f ve years) yet wb2ch must be aute-steauv re-we%.less the surety notJies tne be >e.imary (the Co==ission or the State repilato y age:q) and the p-incipal(the bcensee) sc=e vav aW trne [e.g. 50 days)
- m~ to the rene ws! ca te cf trieir intention t** 10 re*e*, I-f J0h t f'h
- 8 tion the surety re:;.re=en: n eusts end ice i.censee wr.!d be - :=- d tr en at an acre-table e
rhe s; -;y mnnm a orief penoo of hy g gO,EO t.= t & t..: w r u e 'e u p f rr t.a u-.
v.u c
n...,, _.
c
f M
N h unasi tot be
'Y to adacs ta==ewy so snet in toe event snat the i'
b comad act prende en CCErplable g"}
q[D i
-s saty within the rmtr d t=a.
0 q
M SM?y aM be af.o!!Otically Collected per to in a:xptratie=.m em+ tons
.o o
o J"
y NM aboTe wocId baYe to be clearly stated oc a=y saty instremt which is not cW and t=nat be agreed to by a / WEm1 serty arranre: Dents g-neaL acceptable to the Com=baio: are: 7 (4) Secty bonde J tb) cad depo.sta: (c) Ce".Ja:ates of deposit (d) Deposits of povern:nef sec=itiac "t Im:abie letten e-hnea cf cred:: and 10 C;'"Dm' .s CI the above C* sud Cther a tW Cf tira.nmts as may be approved / e by the N-4=icc/noweva, sef ::su anca, cr any s.m wt whid essentalty smttutas self t=suran:e (e4 a con:rs::t Srtth C state crr federal agencyW Sats*v the sanety requirement since this pondes no add:tional ass' ana other than that wtnch alrundy exists tnrough h-n / e Critmen 10-A mi-Jmus cheva of
- Sc.ccc (1sn dcHars) to cover tse costs of bag te : s.::vemas:4 shall be paid by each ugfp g g zdll epe ator to the general treasury of tne t: yf" y
_l United States c-to as app op:iate State b DMI@ M T6 6[MM}$9N arene --r* e N 9--i-* Men of a uranium Ild TQ M.g::oW gQ MA.g c tac.u:2 ciU bcense. t ggg g C)s,,}. If site surrealance er control requirements W a: a pa.rt.ra*ar site an determined. c: the basis e,Ia site-spec 5: evalustio to be synincastly g cate-than those speciSed in Criterie: 12 (e.g. !!fenchg is deter =ined to a be necessary) variasce 1:: fundang V require:nents ciay be epeciSed by the Co.:=ission. b any case, the total charge to cover the cz>sts cflong te :n surveh*Je shall be sud that. with and assu:ned 1 paresq annual real i=teest rate, the collected funds will peld interest in an amount su!Lciest to cover the a rj costs of site sevealanca. / Tb total charge will be adjusted annually me-tc a:::ual papnest to recep.ze irl.ation. C Toe a:T.at.c rate to be used as ti.st imd.cated by the cha=ge := the Consu:ner Pnce Index p:hushef by the U.S.Deprt=e : cf Labcr. B:: eau cf Laber Statstics. / h
w e-t m.-s M - l , EL Sees and Bypeedud Matadel C-A '/.a. d-W- . CHterion 11-A.These criteria colating u . 4mherahlp of tallings cad their disposal altes ~ h become cffective on November 8.19e1,and apply to all hcenses termineted. tasued er i eenewed af te* that date_ / t U IL Any uranaum or thorium adhng Lonnae ce ta!hnts license shalJ contain such terina - and conditiona as the Commannon determines necessary to assure that prior to i termination of the licznae, the licensee wCl comply with ownership requirementa of this critenon for sites med for tailings 6sposal / C. Title to the byproduct matenal bornaed ander this Part and land indu+-e arv interesta therein (othat than land owted by tDe Unated States or by a State) which is used for the disposal of any such b} product matenal or is essential to ensare the long tem stabib'v et such curoosal st_te, shall be transf erred to the Unitec States or the State in which such land la located, at the option c such State)EWew of the fact that b sacal)/ lsola'2en reust be the crimary means o og terrn control and Government sand ownerslup is a desirable supplementary maa iure, ownership of cartain severable M spupriser intmsta (for axampac. nuners! y ggQ g(g ( rir,u) may be determaned to be smnecassary j .o protect the pubbe bealth and safety and AUTHohff g 85 (b) j the enytronmentAn any case, however, the i apphcant %pera tor must demonstrate a &DM N senous ei. ort to obtain such subsurface /J T ) rights. and must. tn the event that certain y. nghts cannot be obtained g:mit ne Beatm-in local pubhcland records of the fact tnat tne land is being used for the dnposal of radioacuse matenal and is subject to either an NRC general or specif2c 12 cense prohibiung the disruptien and / 6sturbance of the tailmgs.In some rare cases. such as may occur with deep bunal N j where no oneomF site surveillance will be required surface land ownership transfer f requirements may be waived. For bcenses issued before November 8.1981 the Commisnon may take mio account the status 4-of the ownership of such land and interests therein and the ability of a heensee to transfer tale and custody thereof to the United States or a State. .I D. lf the Cc==ussion subsequent to title j transfer determines that use of the surface or subsurface estates. or both. of the land transferred to the Uruted States or to a State will not endanger the public heahh. safety. welfare, or environment. the Commisaion 4 t may permit the use of the surface er subsurface estates, or both, of such land in a manner consistent with the provtsions providedin these criteria.lf the Commisalon permits such use of such land. it will preside the person who transferred such land with the nght of first refusal with respect to such one of such land / T. Material and land transferred to the United States or a State in accordance with this Criterion shah be transimed witbut cmt to the Untied States or a State other than Lstra12ve and lesal costs incurred in carrying out such transfer. / T.The previsioas of this Part respecting trensfer of title and custody to land and taihngs and wastes shaU not apply in the case cf >" held in trust by tr,e Uc2ted ~ S'etes fe es Ir.6t-t-- er ims owned by such Indian tnDe subject to a restnetion g aFainst ahenataon tmposed by the Uruled Stater in the case ci such lands wh2ch are used Ier the disposal of byproduct matenal. as def.ned m tbs Part. the Lcensee shaU enter teto strangements with the Commission as mas be apprepnate to assu*e the lo. ; term surseihance of such lands by the United / Stairs
r N.Imme-Tamma Ehe Servemanas
- %m
. t 4 er =Wh Enaldispositionof aates et mming sans shcadd be - mo o g 3-such that ,onne% ah,-> W=== b not,
- k.-
,o _ ~ mini: mum. annual site inspe,cnons shad be n cwe by tse meet emecy retahmq a.!amete custocy of tse mate where 'd'y or wastes s.t stwed to car.!Lzm the inangnty of abe;. bused tamage orweste 8"'- aca to determme the need. If any,im ~ ~e a and/or inca!t@k.dta of / tne insp ction a'A be me to i F* r* within 80 days fonow:ng each sospeccan.m re-, -t :en nay e e freonest sitehpec:ians it. c= the basis @ d a me-d: evah.abec. such a need v eppuzz receuary due to the festees of a p6tuslar taL:ss or waste desposal system. O G W 4 e l l I}}