ML20012E325
| ML20012E325 | |
| Person / Time | |
|---|---|
| Issue date: | 03/29/1990 |
| From: | Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Miller V NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| References | |
| REF-WM-3 NUDOCS 9004030275 | |
| Download: ML20012E325 (2) | |
Text
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l MEMORANDDM FOR: Vandy L. Miller Assistant Director for State Agreements Program l
State Progras.s Office of Governuental and I
Public Affairs t
FROM:
Paul L. Lohaus, Chief Operations Branch Division of Low Level Waste Management j
and Decoanissioning, NMSS l
SUBJECT:
INTERPRETATION Of 10 CFR PART 01 REGARDING DISPOSAL Of SMALL (UAN11 TIES Of URANIUM MILL TAlllhGS AT LLW DISPOSAL FACILITIES l
l I have enclosed our preliminary position on the interpretation of 10 CFR j
Part61.1(b)regardinglimitsonthedisposalofsmallquantitiesof11(e)(2) byproduct material in a low-level waste f acility. This interpretation has been reviewed by Robert fonner, 0G0. We would like the Agreerent States that either currently I. ave townlevel waste f acilities or will be heving such f acilities to
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review and conwent on this pobition bef ore we issue it in final foral. Please j
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arrange for Agreement State review of this interpretation.
If you have any questions, please call se or Maxine Dunkelman of my staff on extension 20580.
l Thank you.
g (SIGNED) FAUL H.LOHAUS
/H Paul H. Lohaus, Chief l
Operations Branch Division of Low-Level Waste Management i
o and Decomissioning, NMSS f
f N
Enclosure:
As stated 8
">lSTRIBUTION:(LLWM 90-068)
Fm trai 711e f 2027 NMSS r/f JLepre JJones t/f f. r/f RLBangart PLohaus JJSurmeier JGreeves RBoylt RFonner i
Nm Mfliegel GGnugnoli HDunkelman Jtennedy JShaffner LPerson 83 SSalomon LCamper Sn PDR Yes: /T/
85'o e.5PDR No L/
Reason: Prnprietary /
/ 7r Cf Only /./-
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ACNW Yes: /T/
No:
I SUBJECT ABSTRACTi'70 CFR PART 61.1.(b) - LIMIT Ori TAILINGS DISPOSAL
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i orc :LLos
- LLOD
- L NAME:MDunkeluian/la :JKennedy
- PLohaus DATE:03/ /90
- 03/ /90 :03/Cp90 y0 h
0FFICIAL RECORD 00PT
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9 I
i MD HILLER
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4 MEMORANDUM FOR: Yandy L. Miller i
Assistant Director 1
for State Agreenents Program State Programs I
Office of Governnental and Public Affairs
'l
\\
FROM:
Paul L. Lohaus, Chief Operations Branch j
\\ Division of Low-Level Waste Panagement
\\ and Deccanissioning, NMSS l
l
SUBJECT:
INTERPRETATION OF 10 CFR PART 61 REGARDING j
DISPOSAL OF SMALL QUANTITIES Of URANIUM i
MILL \\ TAILINGS AT LLW DISPOSAL FACILITIES I have enclosed our preliminary position on the interpretation of 10 CFR
}
Part 61.1(b) limits on the disposal of small quantities of 11(e)(2) byproduct t
materini in a low-level waste facility. This interpretation has been reviewed i
by Robert Fonner, OGC. We would like the Agreenent States that either currently have iow-level waste facilities or will be h6ving such facilities to review
[
and concent on this position before we issue it in final form.
Please arrange
(
for Agreenent State review of, this interpretation.
If you have any questions, l
please call ne or Maxine Dunkiln.an of my staff on extension 20580.
j Thank you, k
l
[
Paul L. Lohaus, Chief l
Operations Branch 1
Di(isionofLow-LevelWasteManagement and Decoonissioning, hMSS l
Enclosure:
As stated DIS 1WIBUTION:(LLWM90-068)
'i Central file i 202 NMSS r/f Lepre JJones t/f & r/f RLBangart PLohaus JJSurneier JGreeves RBoyle RFonner l
MF11egel GGnugnoli HDunkelman J te'r(nedy JShaffner LPerson j
l SSalomon LCamper l
PDR Yes: C~/
PDR No: f,J Reason:
Proprietary Lg or CF Only /
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s l
ACNW Yes: T/'OCFRPARTSi./L (b) - LIMIT ON TAILINGS DISPOSA No:
i SUBJECT ABSTRAC :
1 n,*1 OTC :LLOB
- L
- LLOl NAME:MDunkelman/la :Jlid ing :PLo'ia0y )
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DATE:03/2//90
- 03
/90 :03 4 /90 0FFICIAL RECORD COPY
i ENCLOSURE l
'JAN 12 M90 i
MEMORANDlM FOR:
Robert M. Bernero, Director Office of Nuclear Material Safety
{
and Safeguards FROM:
Richard L. Bangert, Director Division of Low-Lsvel Weste Management l
and Decommissioning, NMS$
j
SUBJECT:
INTERPRETATION OF 10 CFR PART 61 REGARDING DISPOSAL OF SMALL QUANTITIES OF URAN!UM MILL TAILINGS AT LLW DISPOSAL FACILITIES
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Recently, LLWM has received an increasing number of inquiries about the provisions of 10 CFR Part 61 regarding disposal of small quantities of uranium or thorium mill tailings at either exist' ng 6r new LLW disposal facilities.
In response to these requests, we have researched the Part 61 record consisting of i
the proposed rule, draft Els, final rule and final Els.
We have also spoken to individuals who participated in the development of Part 61 regarding the staff i
intent reflected in the provisions of Part 61 which cover this issue.
Based on this research, I recomend we adopt the following as guidance for use in i
responding to future requests on disposal of tailings in LLW disposal facilities.
)
Regulatory Provision: Section 61.1(b) states in
... the l
1.
regulations in this Part do not apply to... (2) part that disposal of uranium or s
thorium tailings or wastas (byproduct material as defined in Section 40.4(a-1)) as provided for in Part 40 of this chapter in j
quantities greater than 10 000 kilograms and containing more than five (5) mil 11curiesofradiumI26..." The statement of consideration states L
As for radium incidental to other types of waste, the i
Commission has made provisions for disposal of small quantities of uranium tailings as Class A waste. For i
purposes of this provision, a small quantity is defined l
as 10,000 kilograms containing not more than 5 m1111 curies of radium-226. This concentration is t mill tailings (0.5 nanocuries per gram)ypical of uranium The quantity of radium-226 < s that contained in 150 pounds of natural uranium at equilibrium with its daugiter products.
10 CFR l
Part 40 permits any person to possess and use under general license 150 pounds of source material per year.
Permitting the disposal of such a quantity in a near-surface disposal facility is judged to be acceptable.
For larger amounts.
specific approval would be required.
PL/BERNER0/12/21 i,
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1 l
l 2.
Statement of the Problem: Questions have been raised as to whether the 10,000 kilogram limit should be applied as a total site inventory averaged over the entire life of the facility, as an annual limit for the facility, as a shipment limit, or as a container limit.
3.
The staff believes that a reasonable application of this provision would permit 10,000 kilograms to be applied as an annual limit for the facility.
4, Rationale for the Staff's position i
The provision was included in Part 61 in response to public comments i
a.
1 on the proposed rule.
Several cosenenters wanted to know how waste containing Radium-226 would be handled under Part 61.
Radium is not listed in Part 61. Other consenters suggested flexibility in i
Part 61 to allow for the occasional shipment and disposal of small quartities of uranian and thorium mill tailings at LLW disposal facilities in special cases where other disposal options were not feasible.
e It is clear that Part 61 was not intended to cover the disposal of 4
mill tailings.
It does, however allow for the disposal of occasional small shipments of tailings containing a small quantity of radium-226.
Examples would include laboratory samples, contaminated lab equipment, and industrial equi i
of concentrating source material. pment contaminated in the process t
b.
The statement of considerations for the final rule states that the Comission has made provisions for the disposal of small quantities of uranium tallings as Class A waste implying a few containers or shipments:
The 10 000 kilogram limit is small.
It represents about 160 cubic c.
feet of tailings which would represent a few small LLW shipments in I
terms of voluse; and d.
The total radium activity is small, being equivalent to the quantity l
l of radium contained in 150 pounds of natural uranium at equilibrium l
with its daughter products (5 millicuries of Radium-226).
Such a quantity of natural uranium may be possessed by any person under a general license in Part 40 in any one calendar year.
Finally, the l
I
4 j
i PL/BERNER0/12/21
-3 i
1 statement of considerations conclu6es that permitting disposal of I
such a quantity (i.e.
5 millicuries of radium-226) in a near-surface disposal, facility is judged to be acceptable.
It further states that for larger quantities, an additional specific evaluation would be required.
I We plan to app (ly)the provisions of Section 61.1(b) as an annual limit on th; i
licensed under Part 61. As stated in the Statement of Considerations, the disposal of larger quantities would require additional case specific evaluations.
7 Finally, if you agree with the above position on how the NRC staff plans to I
apply Section 61.1(b), we will coordinate with GPA to request State review and consnent before issuing this position in final form.
If you have any questions about the staff position on this issue please call me.
i Richard L. Bangart, Director Division of Low. Level Waste Management i
and Decommissioning, NMS$
Distribution:
(LLWM89151) Central File # 202.2 NMS$ r/f RBangart, LLWM JGreeves, LLWM MBell LLR JSurmeier LLTB PLohaus, LLO8 RMacDougall, LLOB J$haffner,BLLOB YMiller, SLITP JLepre, LLWM JJones, LLO8 t/f RFonner, 0GC IL"7 JJones, LLOB r/f-POR YES f
PDR NO C Category:
Proprietary C or CF Only C_
l ACNW YES /_T7 N0 L"_"7 SUBJECT AB5 TRACT: DISPOSAGF DIKEL QUANTITIES OF MILL TAILINGS IN A LLW l
FACILITY
- See Previous Concurrence 31A (1
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