ML20012D544

Requests Info Re Status of Efforts Re Disposal of Certain Types of Radwastes in Licensed Commercial U Mill Tailings Piles

ML20012D544
Person / Time
Issue date:	03/16/1990
From:	Bangart R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Whitfield R ENERGY, DEPT. OF
References
REF-WM-3 NUDOCS 9003280032
Download: ML20012D544 (2)

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' Roger P. Whitfield, Associate Director Office of Environmental Restoration Office of Environnental Restoration and Waste Management - EM-40 U. S. Department of Energy Washington, D.C. 20545

Dear Mr. Whitfield:

I am writing to you regarding the October 5,1989, NRC letter I sent to Jack Baublitz (copy enclosed).

In that letter I described five situations where proposals have been made to dispose of certain types of radioactive wastes in licensed consercial uranium mill tailings piles. My staff is preparing a policy paper for the Commission regarding such disposals.

Ciarification of DOE's position on acceptance of site title and custody is essential in this effort.

I believe the recent meeting between members of our staffs on February 28, 1990, was a positive step forward in establishing a mutually-acceptable protocol for such disposals.

I welcome such efforts at cooperation and encourage continuation of this level of coordination in the future.

In order for us to plan more effectively in dealing with requests for such disposals, I would appreciate receiving information about the status of your effcrts to provide such clarification and an estimate of the date by which you can fully respond to my October 5,1989, letter. We encourage any possible efforts that you could undertake to assign a higher priority to this task.

If you or your staff have any questions regarding this letter please contact Paul Lohaus (FTS 492-0553) or Giorgio Gnugnoli (FTS 492-0578),of my staff.

ORIGINAL' SIGNED BY Richard L. Bangart, Director Division of Low-Level Waste Managenent and Deconsnissioning, NMSS

Enclosure:

As stated cc:

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s Roger. Whitfield, Director Office f Environmental Restoration Office o Environnental Restoration and Was e Management i

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U. S. Depar ent of Energy Washington, C. 20545 f

Dear Mr. Whitfi d:

I am writing to yo regarding the October 5,1989, hRC letter I sent to I

Jack Baublitz.. In at letter I described five situations where proposals have been made to di ose of certain types of radioactive wastes in licensed comercial uranium mil tailings piles.

Ky staff is preparing a policy paper for the Comission rega ing such disposals. The DOE's position on acceptance of site title and custod upon proper reclamation and closure, under Section 83 of the Atomic E rgy Act of 1954, as amended, is essential in this effort.

I believe the recent neeting b tween members of our staff s on February 28, 1990, was a positive step forwa d in establishing a mutually-acceptable protocol for such disposals.

I icone such efforts at cooperation, and 1

. encourage continuation of this lev 1 of coordination in the future.

In order to plan more effectively in dealing with present and future requests for such disposals, I would appreciate \\your response to y October 5,1989 letter or a date comitment for such a sponse, in the very near future.

If you or your staff have any questions re rding this letter, please contact l

PaulLohaus(FTS 4920553) or Giorgio Gnugn 1 (FTS 492-0578) of g staff.

Richard L. B ngart, Director Division of L w-Level Waste Management and Decomishioning, NMSS cc:

S. Mann, DOE /EM-451 M. Matthews, DOE /AL J. Gatrell, DOE /EM-451 l

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007 05 1989 Mr. John E. Baublitz, Acting Director Office of Remedial Action and Weste Technology Office of Nuclear Energy U. 5. Department of Energy Washington, D.C. 20545 j

Dear Mr. Baublitz:

I am writing to you because of a number of requests made to NRC regarding the disposal of select wastes in uranium mill tailings piles.

The requests vary i

in terms of quantity, radioactivity, and presence of other nonradiological 1

constituents.

i Asies from technical, environmental and engineering considerations, one of tlie most significant considerations in whether to permit such disposal is the eventual transfer of the title and custody from the commercial licensee / owner to the State or Federal government.

It has been suggested that the disposal of i

such wastes in a uranium or thorium tailings pile may compromise the authority for transfer of title and custody to the United States under Section 83 of the.

AtomicEnergyAct(AEA)of1954,asamended.

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Presently, the Department of Energy (00E) is identified as the Federal agency to accept, on behalf of the Federal government, ti.tle and to conduct long-term monitoring and surveillance in perpetuity. This role is similar to D0E's responsibility in the UNTRA Project under Title 1 of the Uranium Mill Tailings Radiation Control Act (UMTRCA), specifically Section 104(f).

r In our April 14 1988 letter to you the NRC requested a determination on

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whetherDOEwouldacceptcusto(yof,tailingssites,ifNaturallyOccurringand 3

Accelerator Produced Radioactive Material (NARM) had been disposed therein.

4 Your June 10,1988 response raised doubts about 00t's authority to accept title to and custody of such sites.

In order to improve the currently inefficient approach of reviewing each request for ta111ess pile disposal of nonbyproduct material on a case-by-case basis, additional 00E clarification is needed to remove the uncertainty that now exists. A more definitive DOE position would allow NRC to provide l

clarifying guidance to licensees, eliminate requests for disposal that would result in DOE being prohibited from accepting title and custody, and allow NRC to more expeditiously review requests that are consistent with D0E criteria for eventual title and custody acceptance.

Your timely response to this request will-significantly assist all parties involved.

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1.

Are there 43 quantities or concentrations of NARM that could be disposed 0FTn the tailings piles without compromising DOE's ability to eventually accept title to and custody of the reclaimed tailings sitet if so, please identify these quantity or concentration limits.

2.

Likewise, are there any such quantity or concentration limits on accepting title and custody transfer of sites wherein matter with a source material content may be disposed off Specifically, if such source material were to be placed in tailings piles without having processed it for the source material content, would 00E have reservations de;ending on quantities or concentrationst For example, the Teletyne We Chang zirconium tailings or filtercake residue from mine water cleanup are two examples where such material has been suggested for direct disposal into existing, licensed uraniva sill,

tallings piles.

3.

Formerly Utilized $ttes Remedial Action Program (FU$ rap) asterial has been proposed for disposal into uranius mill tailings piles, without any processing.

In some 'ases, this esterial qualifies as 11.e(2) byproduct material, but in others there are quantities of this material containing constituents specifically covered under the Resource Conservation and Recovery Act (RCRA) or the Toxic Substances ControlAct(TSCA). Can such material, or limited quantities or concentrations of this material, be placed directly into a granius a111 tailings pile without compromising the transferability of the title and custody to DOE upon reclamatnon?

4.

Mine wastes and eine water which cannot be released into waterways or on open ground isusuallytreatedtoremovethosecontaminantsin order to comply wIth National Pollutants Discharge E11aination System (NPOES) limits for such releases. As a result treatment process must be disposed of properly., the residues from the If such water or residues are then processed for their source asterial content, either at the urantua sill or off site, can the resultant material be disposed of in the tailings piles without compromising D0E's authority or willingness to take title to and custo(y of the recle.aed tailings pile?

5.

Some materials,luable sinerals, have been additionally processed for which have been processed for entraction of certain economically va source material as well. These " secondary wastes' have been referred to as NARM, source asterial select wastes and so on. Frequently, thesewastesarealmostindIstinguishablefromuraniummilltailings.

They are not byproduct material simply because sees eineral, such as i

vanadium or copper, has been extracted prior to being processed for uranius or thorium, usually in another facility other than a uranium

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FUSRAP, NARM and the phosphate tailings in Florida and Louisiana may fall under this catagery. Are there any conditions, under which such material could be disposed of into tailings, which would not compromise DOE's ability to take title and custody upon reclamation?

Should y(our staff have any questions regarding this letter, contacts are Paul c

Lohaus FTS 492 0553) or Giorgio Gnugnoli (FTS 492 0578).

Sincerely, (SIGhD) RICHARD L BANGART Richard L. Bangart, Director Division of Low. Level Waste Management and Decosmissioning, NMS$

cc: S. Mann, DOE /NE.22 M. Matthews, DOE /AL Distribution:

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REQUEST DOE CLARIFICATION ON TITLE TRANSFER / CUSTODY IF SELECT WASTES ARE DISPOSED OF IN TAILINGS.

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