ML20044A995

Forwards Response to to Chairman Carr Re Onsite Disposal of Dredging Spoils

ML20044A995
Person / Time
Site:	Palisades, Big Rock Point, Midland  File:Consumers Energy icon.png
Issue date:	04/27/1990
From:	Congel F Office of Nuclear Reactor Regulation
To:	AFFILIATION NOT ASSIGNED
Shared Package
ML20044A989	List: ML20044A988 ML20044A995 ML20044B000 ML20044B001
References
NUDOCS 9007170141
Download: ML20044A995 (10)

Text

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April 27, 1990 Northern Michigan Eno-Watch P.O. Box 631.

1 Petoskey, MI 49770 Gentlemn:

Your letter of March 29, 1990, to Chairinan Carr was referred to me for response because my division,.the Division of Radiation Protection and Emergency Pre-paredness, has the lead responsibility for the area addressed by your letter.

In your letter, you raised several issues related to,the application that Consumers Power Company submitted to the NRC for the on-site disposal of dredging spoils, and that ny staff is currently reviewing. For convenience, we have grouped your issues and requests into four questions and have provided responses to each (see Enclosure 1).

I would like to emphasize that we have not completed our review of the above-mentioned application. Please be assured that your concerns will receive appropriate attention during our review. We will send you a copy of our evaluation of the Consumers Power Company's application when it is completed.

If you have any further questions on these matters, please let me know.

Sincerely,

/s/

Frank J. Congel, Director Division of Radiation Protection and Emergency Preparedness Office of Nuclear Reactor Regulation cc: Chairman Carr, NRC

Enclosures:

1.

Responses to Questions from Northern Michigan Eco-Watch 2.

IE Information Notice 83-05

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u ENCLOSURE 1 RESPONSE TO QUESTIONS FROM NORTHERN MICHIGAN ECO-WATCH QUESTION 1:

It is our contention that dose to the public should be based on averages from dredge samples only - not an average from 1985 through 1990.

It appears to us that averaging the dredge samples with semi-annual samples is an effort to make dose levels to the public appear less that they really are.

Since the purpose of the dredge-samples was to detennine activity levels in the dredge area, they represent the correct values to be used in offsite dose levels. We request that you require the proper values to be used and a new report be presented, with a copy sent to our organization.

RESPONSE

The dredging process is expected to remove a layer of sediment between ont and three feet deep, which will involve several hundred cubic yards of materiel.

Because this sediment was deposited in layers on the bottom of the dischatga canal over a long period of time, the average value that most accurately represents radionuclide concentrations must be derived from sediment samples that were collected over a period of time that corresponds to the period of their deposition.' In our opinion, estimates of the potential radiation dose to the public should not be based on radionuclide concentrations in the top layer sediment, regardless-of whether the concentrations found in this layer are higher or lower than the overall average. Any such estimate based on measurements taken from the top layer would be inaccurate because the material in this layer will be mixed with o'her layers upon removal, ibe staff of the Consumers Power Company plans to collect samples and perform cot.firmatory measurements of the dredged material after it is land-spread in its proposed resting place. Should these samples and measurements indicate that 1.he levels of radioactivity measured in the "preoperational" sediment-samples were significant underestimates of the actual radioactivity of the dredging spoils, we will reassess potential radiation doses and require remedial a: tion as appropriate.

-QUESTION 2:

levels were so much Additionally, we request that you investigate why activity (Column B).

higher in dredge samples relative to semi-annual samples Is there a difference in where semi-annual samples are collected relative to where dredge samples were collected? If there is no difference, why are activity levels in semi-annual samples so much lower than in dredge samples?

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RESPONSE

g Radionuclide concentrations in the sediments of the discharge canal reflect the L

following:

(1) variations over time of the composition of liquid effluent discharges; (2) variation'. in the radionuclide deposition pattern on the bottom of the discharge esnal caused by char.ges in discharge flow rates, current velocities and direction, and the effect of ever-changing action of incomingwaves;and(3)_!lightdifferencesintheexactsamplecollection

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points from one sampling period to the next. Therefore, we conclude that some variability is to be expected. The Co-60 value collected in June 1989 probably represents an upper limit in this respect, but it is not unreasonable.

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QUESTION 3:

i In light of the above, please review assumptions and rates utilized in calculating dose effect for ground shine, inhalation, and ground water contamination. Errors in rates or assumptions in the many equations used in dose effect calculations may lead to undetermined risk to the public.

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' RESPONSE:

I We will thoroughly review all assumptions, calculations, and measurements used by.the Consumers Power Company to estimate potential radiation doses to the general public which may result from ensite disposal of the dredged materials.

Our review will ensure that such dose estimates have been made in a conservative manner. We must be satisfied that the potential radiation dose:to the general public, based.on credible exposure scenarios and confirmatory measurements of the dredged material, is within all applicable dose limits before we will-authorize the onsite disposal pursuant to 10 CFR 20.302(a).

OUESTION 4:

u We consider the dredge spoils low-level radioactive waste.

For this reason, we request that the dredge spoils be considered and treated as such.

According to the 1988 report to the Michigan Low-Level Radioactive Waste Authority by Environmental Resources Management of Ann Arbor, Michigan, Big L.-

Rock-Point is not a suitable site for low-level radioactive waste due to several factors not the least of which is that ground water is only 10 feet E

below the surface.

If the dredge spoils are not determined to be low-level L

radioactive waste, we request an explanation detailing what_they are and the justification for onsite storage.

If a dredge permit is issued, we request-that the dredge spoils be shipped to an approved low-level radioactive 1

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disposal site.

RESPONSE

First, with regard to the dredge permM. plene (mderstand that the Nuclear Regulatory Commission neither has the authority nor ti.e responsibility for its issuance. Our concerns are directed toward the broader issues of the health and safety of workers and the public that relate to all aspects of nuclear power plant operation, including this dredging action and the disposition of l

-s dredged material. The term, " low-level radioactive waste," as used by the Nuclear Regulatory Comission, is defined very broadly. Such wastes are cate-

_gorized into three classes (A B,andC)asdefinedin10CFR61.55(a). The lowestofthese,ClassA,includesabroadspectrumofradioactivityconcen-trations, ranging from the threshold of detectability to 700 curies (C1).per Assuming the density of sand to be about cubic meter,)in the case of Co-60.per cubic centimeter, these extremes (detectability thres twograms(g and upper end of Class A) correspond to approximately 0.02 and 350,000.000 pCi/g, respectively.

The Nuclear Regulatory Comission (NRC) will not permit the onsite disposal of radioactive materials that logically belong in licensed burial facilities.

However, under 10 CFR 20.302(a) of the NRC regulations, radioactive materials can be considered as candidates for onsite disposal if they meet the following cr.iteria:

(1)theyareatthelowendofthepreviously-mentionedradioactivity concentration range; (2) they are of an appropriate chemical and physical form; and (3) they can be shown, through environmental pathway analysis, to present no radiological safety hazard to members of the general public.

Paragraph 20.302(a)allowslicensees such as the Consumers Power Company, to." apply to the Comission for approval of proposed procedures to dispose of licensed material in a manner not otherwise authorized in the regulations." (See enclosed IEInformation-NoticeNo.83-05.) It is this provision of'the NRC regulations that ey staff is using to review the application from Consumers Power Company.

We will send you a copy of our review when it is completed.

p[A an oa va y' ' c UNITED STATES L

NUCLEAR REGULATORY COMMISSION ENCLOSURE 2 p..

.0FFICE OF INSPECTION AND ENFORCEMENT l

WASHINGTON, D.C.

20555 February 24, 1983-IE INFORMATION NOTICE NO. 83-05:

OBTAINING' APPROVAL FOR DISPOSINL OF VERY-LOW-LEVEL RADIDACTIVE WASTE 10 CFR SECTION 20.302 a

Addressees:

All production and utilitation facilities, including nuclear ' power reactors and

.research and test reactors, holding an operating license.

' purpose:.

Modern radiation-detection equipment makes possible the detection of very low concentrations of radionuclides in materials, including very low levels of radioactive contamination in materials such as soils.

A number of = licensees have expressed concern over the perceived need to package and ship large

. quantities of such materials to' low-level waste burial sites.

Such shipments are expensive and~use the limited space available in burial sites.

The purpose of this information notice is to call attention to a little-used section of NRC regulations (10 CFR $20.302(a)) that provides a method for.

obtaining approval of proposed procedures for disposing of licensed mat'erial 4

and any other radioactive material' involved, in a manner not'otherwise authori '

This section of the regulations may-be used to obtain zod in the regulations.

approval of proposed procedures for disposal of, among other things,-large

volumes of material contaminated at very low levels, such as' contaminated soil.,

oil, or tools.and equipment.

It is expected,that recipients will review this

.information notice for applicability to their facilities.

No specific action cr response-is required.

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De'scription of Circumstances:

In its Policy Statement on Low-Level Waste Volume Reduction -(46FR 51100, e

October 16i 1981) the NRC recognized the need to minimize the quantity of waste #

' generated and shipped to commercial waste-disposal sites.

With one exception, existing;NRC regulations provide no minimum level of radioactiv.ity in waste from a licensee's. facility that may be disposed of in a manner other than as That exception is the provision, in 10 CFR $20.306 normal radioactive waste.

that licensees may dispose of certain levels of tritium and carbon-14 in liquid-scintillation and animal-carcass waste without regard to its radio -

In pablishing its proposed licensing requirements for land disposal activity.

of radioactive waste, the Commission recognized the need for similar provisions for other radionuclides and other wastes, wastes that would be exempt from the

• 10 CFR Part 61, " Licensing Requirements for Land Disposal of Radioactive Waste," 46FR 38081, July 24, 1981.

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IN.83-05 February 24,.'.h6f>- -

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proposed 10 CFR Part 61' and would be of no regulatory concern.

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of proposed rulemaking, the Commission stated that it believed that suchIn the notice exemptions should be determined on a specific waste basis. Over one-fourth of

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the commenters on the draft Environmental Impact Statement for Part 61 endorsed r

the need for such provisions.

The fundamental concern of practically all

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comenters appeared to be not whether a generic or a case-by-case approach

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should be taken but rather that some action be' taken as soon as possible.

The

/,i NRC staff believes that the current policy of examining waste streams on a case-by-case basis will result in-the quickest and best results.

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The NRC ' staff recognizes that setting generic limits is a desirable goal and plans to work toward this goal over the next few years.

The NRC staff also 1

believes that the process of examining a few specific waste streams will facilitate the development of generic requirements and is accelerating its efforts on setting standards for disposal of very-low-level wastes by less restrictive means.

Toward this end, the NRC's Office of Nuclear Regulatory Research has initiated research to provide a technical basis for a regulatory-provision for disposal of specific wastes from nuclear power reactors.

In the interim, before specific or generic provisions for disposing of very-low-level radioactive wastes are adopted through rulemaking licensees have another alternative for obtaining approval to dispose of large volumes of materials contaminated with very low levels of radioactivity.

That alternative is provided in 10 CFR 520.302(a), " Method for obtaining approval of proposed disposal procedures." For example, a licensee recently proposed to relocate

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a 17,000 cubic feet of very-low-level contaminated soil from the restricted aren j

to the parking lot area.. The very-low-level contaminated soil was to be covered with a minimum of 6 inches of clean soil and possibly paved over with asphalt in the future.

In another case, a licensee proposed that very-low-level contaminated oil be burned in its oil fired boilers and proposed a technical specification change to limit the amount of radioactivity released through the boiler exhaust.

In both cases, the NRC's evaluations concluded that the estimated doses were negligibly small from the standpoint of'occupa 1

tional exposure limits and acceptably small for potential non-occupational

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The licensees' proposals were approved.

exposures.

The. purpose of this information notice is to bring the provisions of 10 CFp 120.302(a) to the attention of licensees.

The NRC staff believes that submit-5 tais and approvals in accordance with 10 CFR 520.302(a)-can provide a reason-able alternative to high cost disposals by shallow land burial at waste reposi-tories of large volumes of material contaminated at low levels.

Such submittals could also provide a data base for further development of regulatory provisions for disposing of specific wastes below some activity level without regard to their radioactivity similar to the provisions of 10 CFR 620.306 for disposing of certain licensed materials containing low levels of carbon-14 and tritium.

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Page 3 of 3-c

.. 'lA$plicadens pursuant to 10 CFR 620.302(a)'should be submitted to the Office of l Nuclear Reactor Regulation (NRR). The Office of Inspection and Enforcement and NRC Regional Offices have no authority to approve such requests.

NRR has indicated that such requests for disposal pursuant to.10 CFR 620.302(a) will be handled in e' timely manner, sffnA Edwa

.. Jordan, Director.

-Div n of Emergency Preparedness-a Engineering Response

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Office of Inspectio.n and Enforcement

. Technical Contacts:

L. J. Cunningham, IE 301-492-8073 u

F. J. Congel,.NRR 301-492-7321 q

Attachment:

- l List'of, Recently Issued IE Information Notices 1

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The Honorable Carl Levin United States Senate Washington, DC 20510

Dear Senator Levin:

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The letter of June 18, 19S0, from the Honorable Carl Levin to Mr. Dennis K. Rathbun of the U.S. Nuclear Regulatory Commission concerning theConsumersPowerCompany(sapplicationtoconductonsitedisposalof dredgingspoilswasreferred\\tomeforresponse. We responded to Northern Michigan, concerning the dr:dging spoils on Michigan Eco-Watch of Petosky[>h reply is enclosed for your information.

April 27, 1990 and a copy of We have not completed our review f this application. Please be assured that the concerns of Michigan Eco-Watch will receive appropriate attention during our review. We will send you a cop of our evaluation of the Consumers Power Company's application when it is com leted.

As you requested, we are returning the original copy of your letter dated June 18, 1990.

If you have any further questions on thes matters, please let me know.

I Sin erely, James

. Taylor Executi e Director for Operations

Enclosures:

1. Responses to Questions from Northern Michigan Eco-Watch, dated April 27, 19 0.

2. Letter from Senator Carl Levin to Dennis K. Rathbun, NRC, dated June 18, 1990.

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?The Honorable Carl Levin.

United States' Senate Washington,.DC 20510

DearSenatorLevin:

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The letter of June 18, 1990, from the Honorable Carl Levin to

' Mr. Dennis K. Rathbun of the U.S. Nuclear Regulatory Commission concerning the Consumers Power Company 4 application to conduct onsite disposal of dredging-spoils was referred'to me for response. We responded to Northern Michigan Eco-Watch of Petosky,11chigan, concerning the dredging spoils on

-April 27, 1990 and a copy of our reply is enclosed for your information.

We have not completed our review o this application. Please be assured that the concern: of Michigan Eco. Watch 11 receive appropriate attention during our review. We will send you a copy f our evaluation of the Consumers Power

- Company's application-when it is comp 1 ed.

l As you requested, we are returning the o ginal copy of your letter dated June 18, 1990.

If you have any further questions on these tters, please let me know.

Since ly, l

James M. Taylor Executive Director for Operations

Enclosures:

1. Responses to Questions from Northern Michigan Eco-Watch, dated April 27,1990,\\

2.-Letter from Senator Carl Levin to Dennis K. Rathbun, NRC, dated June 18, 1990.

cc: Mr. Dennis K. Rathbun DISTRIBUTION:

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L The Honorable Carl Levin United States Senate

-Washington, DC 20510

Dear Senator Levin:

The letter of June 18, 1990, from the Honorable Carl Levin to Mr. Dennis K. Rathbun of the U.S. Nuclear Regulatory Commission concerning the Consumers Power Company's' application to conduct onsite disposal of dredging spoils was referred.to me for response. We responded to Northern Michigan Eco-Watch of Petosky, Michigan, concerning the dredging spoils on April 27, 1990 and a copy of our reply is enclosed for your iaformation.

We have not completed-our review of this application. Please be assured that the concerns of Michigan Eco-Watch.will receive appropriate attention during our review. We will send you a copy of our evaluation of the Consumers Power Company's application when it is comp,leted.

x If you have any further questions on these matters, please let me know.

\\Sincerely, James M. Taylor-Executive Director for Operations

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Enclosure:

ii Responses to Questions from Northern Michigan Eco-Watch j

cc: -Mr. Dennis K. Rathburn DISTRIBUTION:

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-The Honorable CPrl' Levin United States Senate Washington, DC 20510

Dear Senatdr Levin:

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18, 1990, f rom the lionorable Carl Levin to The-letter of\\ June Mr. Dennis K.:Rathbun of the U.S. Nuclear Regulatory Commission concerning the Consumers Power Company's application to conduct onsite disposal of

. dredging spoils'was referred to me for response. We responded to Northern Michigan Eco-Watch'of Petosky, Michigan, concerning the dredging spoils on

-April 27, 1990 and a copy of our reply is enclosed for your information.

Wehove'notcomplethdourreviewofthisapplication. Please be assured that their concerns will receive appropriate attention during our review. We will send'you a copy of our, evaluation of the Consumers Power Company's application when it is co;apleted. \\

If you have any further ' questions on these matters, please let me know.

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Sincerely, i

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James M. Taylor

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Executive Director for Operations

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Enclosure:

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Northern Michigan Eco-Watch

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UNITED STATES > SENATE:

LETTER DATE:'.

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SUBJECT:

Big Rock Point:-appl for disposal l.of-dredged-discharge canal sediment ACTION:-

DirectiReply DISTRIBUTION:

- OCA to Ack-SPECIAL HANDLING: None-NOTES:'

Dale Scott, Michael Winnell, Annie Rozcyki.

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