ML20043E405
| ML20043E405 | |
| Person / Time | |
|---|---|
| Issue date: | 05/25/1990 |
| From: | Bangart R, Dennise Orlando NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML20043C753 | List: |
| References | |
| REF-WM-3 NUDOCS 9006120399 | |
| Download: ML20043E405 (7) | |
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Af! UPDATE ON THE lilXED WASTE _ J,5,50_E Dominick A. Orlando and Richard L. Bangart, Division cf Low Level Vaste l'or.agement and Decornmissioning United States Nuclear Regulatery Cornmissicn fliTRODUCTION
- would like to thank the Executivc Director for giving n.e this opportunity to address the Council of Radiation Control Prograra Directors on behalf of the Nuclear Pegulatory Corciis',1cn (NRC).
The issue of mixed waste has and will be one of the r.. ore intensely debated and discussed issues f acing the nuclear community tcd6y abd in the foreseeatle future. Today I would like to present en update on the mixed waste issue anc outline the progress we feel is being mJde in this area.
I will then entertain any cuestions you may have.
i BACKGROUN2 The material cernmcnly referred to as " mixed waste" is defined as " waste that satisfies the definition of low-level radirnetive waste (LLW) in the Low-Level Radicactive Weste Policy Amendments Act of 1985 (LLRWPAA) and contains hazardous wastethateither(1)islistedasahazardouswasteinSubpartDof40CFRPart261; or (2) causes the LLW to exhibit any of the hazardous waste characteristics identified in Subpart C of 40 CFR Part 261."
Yarious statues at least partially address mixed waste.
Briefly they are:
1)
The Atomic Energy Act of 1954:
This law established the Atomic Energy CommissTo'n as tae federal agency having responsibility for the regulatien of source, special nuclear, or byproduct material.
2)
The Solid Waste Disposal Act of 1965:
This was the first federal solid waste statute, it was enacted for the primary purpose of improving solid waste disposal methods.
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The Resource Conservation anc _ Rec _overy Act of 1976:
This amendment to the SWCA was enacted as a frameworT'fcr solid waste (both hazardous and ocn-hazardous) management.
4)
Hazardous and Solid Waste Amendments to RCRA _(1984):
These amendments, to RCRA established the Land Disposal Restrictions treatment standards for waste prict to land disposal and schedules under which the EPA must develop the treatraent standardt.
5)
The Low-Level Radioactive Waste Policy Anendments Act of 1985:
Established ceaclines f~o'r States and Con. pacts to cfeVeTop new disposal capacity for low-level radioactive waste.
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DL'AL FEGULATORY RESPONSIBILITY The Atomic Energy Act (AEA) of 19E4 ard the Resource Conservation and Recovery Act (RCRA) of 1976 and their respectivt arrendments establish regulations applicable to those inoividuals khose activities result in the production, storage and disposal of waste material that is defined as inixed haste.
The responsibility for the rtplation of this rnaterial rests lcintly with the NRC and the Environinental Protection Agency (EPA) urder the Itws toentified above.
This dual regulatory responsibility has evoted mixed corments frum the Fectral, State ard privete sectors bestd, in p6rt, upon the iota th6t thert art ir. consistencies in the specific requirements of RCRA and the AEA.
The NRC's position on this dual regulatory responsibility concept is best illustrated by Chairman Carr's response tc ar. it:quiry, by Congressrnan Morris L'dtll, concerning dual regulation:
In general, the Corrnission considers dual regulation to te unnecessarily burdensome and wasteful. At present, a prudent course of action would be for both the EPA and the NRC to continue to work together to elitairatt dual regulation where the Consnission's current regulatory frarrewcrl tiready ensures adequate protection of public health and safety and the environment" (letter from Chairman Carr to the honorable Horris K. Ud611,1/19/90). An Office of Technolegy Assessment report on low-level radioactive waste (N0 umber 1989) recommends the establishment of a high level EPA /NRC task force to address the problens of mixed waste. The Connission and EPA are currently evaluating the inerits of this approach.
Recent Congressional actions on the Clean Air Act provide sorne insight on dual regulation.
On April 3, 1990 the Senate passed an arr<ndrnent, offered by Senator Alan Sirnpson (R-Wyo) to the Clean Air Act which says that EPA is not required to set radionuclide etnission standards for NRC licensees if the EPA Adrainistrator, af ter consulting with the NRC finds existing NRC regulations provide an ample margin of safety to protect the public health.
The arnendment still allows the States to set stricter standards.
To date, the NRC and EPA staffs have published and are developing several joint guidance documents on various mixed waste issues.
The staffs have conducted and will continue to conduct mixed waste workshops for inspectors, permit writers and license reviewers who must deal with mixed waste questions in their daily activities.
The NRC and the EPA staffs have and will cortinue to interact to provide guidance to the generator corrmunity concerning mixed waste.
OVERVIEWOFJOINTNRC/EPdGUIDANCE There are presently seven guidance documents that have been published or are l
under development by the staffs of the NRC and EPA.
The concept of guidance cocurnents arose early in the NRC/ EPA interactions as a methodology by which those areas of overlapping regulatory responsibility could be addressed.
A description and present status of each guidance dccument follow:
1)
Published Guidance Guidance on the Definition and Identification of Commercial Nixed l
Low-Level Radioactive and Hazardous Waste l
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s This guidance was first published for corrent in April 1987, and the final guidance was published in October 1989.
It is intended as an aid to commercial generators in the identification cf mixed low-level waste.
It provides the generator with a definition of rained waste, i.e., waste that satisfies the definition of low-level radioactive waste (LLW) in the Low-Level Radioactive Waste Policy Arandments Act of1985(LLRWPAA)andcontainshazardouswastethatiseitherlisted as a hazardous waste in Subpart D of 40 CFF. Fart 261 cr causes the LLW to exhibit any of the hazardcus cheracteristics identified in Sutpart C of 40 CFR Part 261.
The guidance also prevides the generator with a step wise identification system to cetermine if the waste teets this definition.
The guidance 411cus the generator to determine the status of the waste based upon his knowledge of the materials and processes involvec in the waste generation or by testing the waste.
Corabined NRC/ EPA Siting Guidelines for Disposal of Mixed Low-level Radioactive and Hazardous Waste This Guidance was published in March 1987 to address the concern that confusion regarding mixed waste disposti siting requirements could hinder development of future low-level waste disposal capacity and compli6nce with the milestones established under the Low-level Radioactive Waste Policy Amendments Act of 1985.
By combining the existing technical requirernents standards and guidance of both agencies,theNRCandEPAformulatedelevenguidelinesintendedto assist States and Compacts in developing siting plans for low-level waste disposal facilities that may receive mixed waste. These guidelines address the geologic and hydrologic characteristics of a site, identify technical as well as legal disqualifying features for potential sites, specify that a disposal site should provide a stable foundation for engineered containment structures and place primary urftesis for determination of site suitability on ensuring that the long term performance objectives of 10 CFR Part 61 will be met.
Joint NRC/ EPA Guidance on a Conceptual Design Approach for Comercial l'ixed Low-Level Radioactive and Hazardous Waste Disposal Facilities This guidance offers a conceptual design that satisfies EPA's prescriptive requirements for liners and leachate collection systems and NRC's performance requirementg for minimization of contact of the waste with water. A design of this type should be able to satisfy the long terr stability requirements of the NPC and the 30 year maintenance requirements of the EPA.
This guidance wa: oublished in August of 1987.
2)
Guidaice Documents Under Development Procedures for Waste Characterization This guidance will address the special procedures necessary for hazardous waste characterization and the need to consider occupatienal exposures during testing.
The guidance is being developed by EPA and is currently undergoing final review.
Conducting Inspections at Mixed Waste Facilities Agreement State, EPA This guidance is intended to provide NRC Region,kground information on Region, and Authorized State inspectors with bac mixed waste inspection planning and coordination, cross-training and the conduct of mixed waste inspections.
It is currently undergoing final draf t review and connent at the NRC. There are numerous issues in the document that require resolution by both agencies including inspection scheduling, pre-inspection planning, waste sampling and en:. lysis and inspector safety. An issuance date for comment has not been determined at this time.
Requirements for Mixed Waste Storage This guidance will address the problems imposed by the EPA's hazardous waste storage requirements and the provisions in the generators radioactive materials license which may allow for the decay of radioactive material as an acceptable method of disposal. A first draf t of this guidance is under review at the EPA. Publication is targeted for mid to late 1991.
Licensing /Pemitting itixed Waste Disposal Facilities This guidance will be developed for the purpose of allowing a person to submit a single application for both an NRC license and an EPA permit. The intent of such guidance would be to develop a single permitting or licensing process for mixed waste facilities. A scope of work document has been developed by EPA but to date a publication target has not been established.
WORKSHOPS The NRC and EPA have sponsored and will continue to ssonsor mixed waste workshops that are primarily conducted for EPA inspectors out open to NRC and State personnel as well. These workshops are focused at those individuals who routinely deal with mixed waste questions on a daily basis. To date, workshops have been heid in Santa Fe, NM on llovenber 27-28, 1989, and Chicago, IL on March 6-7, 1990. A future workshop will be held in Washington DC, on May 14-15, 1990.
Innediately af ter provide Host States with additional information on,a Host State Meeting in ord the Washington workshop, NRC and EPA will sponsor the dual regulation of mixed l
t wastes. Additional workshops are planned for June 19-20, 1990, in Denver CO, July 31-August 1,1990, in Buffalo NY and in Oakland, CA September 11-12, 1990.
Plans for the former two workshops will include site visits to the Roc h Flats (on June 21)andWestValley(onAugust2) facilities.
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Attendance at these workshops has been very good and we hope that this trend l
will continue. The staffs of state radiation control programs are also encouraged to attend these workshops.
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CONTINUING ISSUES EPA MIXED WASTE AUTHORIZATION Under RCRA, either a State will develop a hazardous waste plan, including a raixtd waste component, or the EPA adreinisters the waste program in that State. This is sitnilar to the NRC's Agreement State prcgram for radioactive materials.
Eate RCRA authorization allcws State authorities to aaniireister the RCRA waste program. Mixed waste authorizaticr allows the State to regulate mixed waste disposal activities.
Both authorizations require submission and appreval of various docunents to the EPA.
Currently ten Stttes or Territories have not submitted base authorization requests to the EPA.
They are:
CA; AR; Conn; WY; lowa; Pawaii; Puerto Rico, the Virgin Islar.ds; American Samoa and the liariana Islar.cs.
Fifteen States or Territories have received rnixed waste authorization.
They are: C0; TN; SC; WA; KY; UT; GA; MINN; OH; NC; MICH; TX; ID; ILL; and Guam. New Mexico is targeting mid June for full authoriz6 tion ar.d Oregon has submitted their mixed waste plan to the EFA. With the exception of MINN, OH, MICH, and Guam these are all Agreement States. Forty-six States have received base RCRA authorization.
As indicated by the various hazardous waste authorities, and the Agreement State /NRC regulation of the radioactive portion of the waste, the regulation of mixed wastes can be confusing and will require the generator to keep abreast of Federal, State, and compact requirements for mixed waste.
THELAND,DJSPOSALRESTRICTIONS l
The Land Disposal Restrictions (LCRs) are a component of the Hazardous and Solid Waste Ar.!er.cnents to RCRA.
Briefly, the LDRs or Land Ban, divides the universe of hazardcus waste (6nd thus hazardous waste with a radioactive component) into groups and sets schedules for their exclusion, in an untreated form, from land disposal.
The groups of hazardous waste are:
i Solvents and Dioxins - banned from land disposal 10/8/86 and 10/8/88 respectively.
California List" Wastes - this group of wastes was originally developed by the State cf California's Waste Managem'ent Progran and includes liquids containing certain metals, free cyanides, PCB's, co rosives and certain wastes containing halogenated organic compounds - banned July 18, 1987.
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I "First, Second and Third Third" Waste - divides the remaiaing list of listed and characteristic wastes bto thirds.
Specific waste listings are l
outlined in 40 CFR Part 268. The first third were banned August 8, 1988, the second third June 8, 1989, and the third third May 8, 1990.
The first and second third wastes that are mixed wastes are granted a variance until l
Nay, 1990.
Any newly listed (after 11/8/84) will be haridled on a case by case basis.
The LDRs also require treatment, storage and disposal facilities to maintain the records for waste and waste residues when these wastes or waste residues are sent off-site for disposal and to certify that treatment standards have been met for particular wastes prior to disposal.
J These " Land Ban" components are important for mixed waste handlers in that the
. treatment process may conceivably cause the release of radioactive material or may violate the ALARA principle, but specific conflicts have not been identified to date.
The November 22, 1989, Federal Register contained notification that the EPA was proposing to grant a two year national capacity variance under section 3004(h)2 of RCRA. This variance would allow for the continued storage of third third wastes.
The proposed rule allows for the inclusion of first third and second third wastes in the rulemaking. As such, first, second, and third third mixed wastes can be stored until M6y 8,1992, and remain in corapliance with RCRA.
Mixed wastes containing spent solvents, dioxins, cr California list wastes, are still subject to the applicable treatnent standards.
For mixed waste containing certain spent solvents, dioxins, or are on the California list, the EPA may consider petitions for one year extensions.
A maximum of two one year extensions may be granted and the extensions will be granted on a case-by-case basis af ter consultation with the appropriate State agencies and public notice and corment.
RESOLUTIONS OF AEA AND RCRA INCONSISTENCIES As stated earlier the main reason this issue has been debated so intensely is the perception of inconsistencies between the AEA and RCRA.
In the aforementioned letter to Ccngressman Udall from Chairman Carr, the Comission position is stated, "our staff has not yet identified any literal conflicts in the requirements of RCRA and the AEA that would frustrate compliance with the joint approach established by EPA and NRC." The NRC letter goes on to say, "However, the Comission would note that Section 1006 of RCRA does give us the authority to waive the application of RCRA upon a finding by the Comission that such requirements are inconsistent with the requirements established by the Comission under the AEA.
Should such a situation arise this provision appears to provide the Comission sufficient authority to resolve that situation" (letter from Comissioner Carr to the Honorable Morris Udall 1/19/90).
SUMMARY
The NRC recognizes the challenges involved when two or more sets of regulations i
are applicable to a particular waste material.
In order to meet this challenge the I
L NRC and EPA have been working together to identify areas of overlapping regulatory authority and through, guidance and workshops, minimize the difficulties involved.
l Again, quoting from Chairman Carr's letter to Con'gressman Udall, "It is our hope that the joint approach to the mixed waste issue that we and the EPA have established will lead to the successful development and operation of mixed waste disposal facilities as the States move forward to carry out their ressonsibilities under the Low-Level Radioactive Waste Policy Amendments Act of 1985 (.LRWPAA).
We are comitted to making this approach work.
If the joint cpproach proves to be unsuccessful, hcwever, it may well be that further legislative consideration of this matter will be necessary to achieve the objective of the LLRWPAA."
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0 REFERENCES
- 1) Letter from NRC Chcirman Carr to the Honorable Morris K. Udall, dated January 19, 1990 t) Office of Technology Asstssunt " Partnerships Under Pressure," mianaging Commercial Low-Level Radioactive Waste, Special Report, November 1989
- 3) Federal Register Vol. 54, No. 224, Wednesday, November 22, 1909 pp 48372-4LE2r a