ML20044B494
| ML20044B494 | |
| Person / Time | |
|---|---|
| Issue date: | 06/20/1991 |
| From: | Becker J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Glenn J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20044B495 | List: |
| References | |
| HPPOS-271, NUDOCS 9203130077 | |
| Download: ML20044B494 (2) | |
Text
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NUCLEAR REGULATORY COMMISSION yJ WASWNGTON. D C 20566
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y June 2r.1991 MEMORANDUM FOR:
John E. Glenn, Chief Medical, Academic, and Commercial Use Safety Branch Division of Industrial and Medical Nuclear Safety, NMSS FROM:
Joanna M. Becker, Special Assistant for International Affairs Office of the General Counsel
SUBJECT:
TECHNICAL ASSISTANCE REQUEST (TAR) FROM REGION I:
DISPOSAL OF LIQUID WAS(E INTO THE ARCTIC OCEAN This responds to your memorandum of June 5, 1991 in which you raise questions concerning the law applicable to the disposal of seawater containing dissolved radioisotopes into the international waters of the Arctic Ocean during a research cruise from Murmansk, USSR, to Nome, Alaska, aboard the Soviet icebreaker Sovetskiv Sovuz from July 27, 1991 to August 16, 1991. As explained in the letter of May 28, 1991 from Mr. Richard B. Rivkin to Mr. John Kinneman (copy attached) the total activity that would be discharged during this period 3
would be 10 mci of H and 40 mci of "C.
The liquid discharges would be made in small volumes and activities of less than 2 mci per discharge and would take place primarily in the Canadian Basin of the Arctic Ocean which has a residence time of approximately 4700 years.
Mr. Rivkin's letter states that "[t]his region does not support a fisheries nor are there ANY human activities which would be impacted."
We note at the outset that the Soviet icebreaker SoveMkiy.loy_qr is a nuclear-powered ship.
However, because of the legal constraints ; elating to foreign control and domination in sections 103d. and 104d of the Atomic Energy Act of 1954, as amended, the ship will be unable to debark at the Port of Nome, Alaska, or enter into the territorial waters of the United States.
The NRC does not have jurisdiction over the proposed discharges because they will be made from a Soviet ship into international waters.
There may be applicable international agreements and conventions that govern such discharges and we suggest Mr. Rivkin contact the State Department for further information.
(We express no opinion on whether the proposed liquid discharges would in fact 3
be permissible under these agreements and conventions.) We understand from Mr.
Rivkin's letter that this research cruise represents a unique collaboration between the United States and the Soviet Union Accordingly, it might be useful if Mr. Rivkin explored the concerns relating to liquid discharges with his Soviet colleagues.
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- The authority to take the radioactive materials used in the research out of the United States and to bring them back into the United States is provided by the following general licenses in Part 110 of the Commission's regulations:
$ 110.23(a)(1) and (c),
relating to the export of byproduct material; G 110.27(a)(3) relating to the import of byproduct material, f.n n / )*\\,fD b" Manna M. Becker Special Assistant for International Affairs Office of the General Counsel
Attachment:
Ltr. to John Kinneman fm Richard B. Kivkin dtd 05/28/91 1
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28 May 1991 Mr. John Kinneman United States Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406
Dear Mr. Kinneman:
I am writing at the recommendation of Dr. Theodore Delaca, Director of Arctic System Sciences of the Division of Polar Programs, National Science Foundation. Fellowing is my formal request for permission to release / dispose of sms!! volumes of liquids containing low levels of ' C and H into the Arctic Ocean during a research cruise from 3
Murmansk, USSR to Nome, Alaska aboard the Soviet icebreaker Sovenkiy Soyuz from 27 July to 16 Au^ ?! 1991.
1 The research which will be carried out on this cruise is sponsored by the National Science Foundation. The cruise aboard Soveckly Soyuz re) resents a unique collaboration between the United States and the Soviet Union and it wi;l be the first ever oceanographic escarch cruise across the Arctic Ocean.
The Arctic Ocean may play an important role in mediating large scale climatic changes. Models of global warming predict large increases in surface air temperatures in north polar regions. The anticipated decrease in ice cover and increase in downwelling irradiances would alter the patterns of circulation and mixing, the rates of biotransformation of atmospheric CO and the dynamics of trophic interactions within the Arctic Ocean plankton. The research done on this cruise willincrease the currently sparse i
observational data base on the physical, chemical and biological processes in the Arctic Ocean.
The primary objective of the portions of the research i iuiring the use of radioisotopes will be to determine the rates of carbon irn ' <ation of phytoplankton assemblages, the rates of bacterial production and the inge., ion of bacteria and i
phytoplankton by microzooplankton in the Arctie Ocean. Briefly, either NaH"CO or methyl, 3H-thymidine (8H-TdR) will be added to seawater samples in glass or polycarbonate 3
bottles and after an appropriate incubation interval, the particulate material will be collected onto a filter pad. The filter is retained and returned to the investigators home institution for further analysis. The seawater which passes through the filter contains the dissolved NaH"CO, or H TdR whichwas not incorporated by the microbial organisms.
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We would like to dispose of the seawater containing the dissolved radioisotopes into the international waters of the Arctic Ocean during the research cruise. I anticipate that the q activity to be discharged during the 3 week cruise would be 10 mci of H and 40 mci 3
l of C. The liquid would be discharged in small volumes and activities (i.e. less than 2 mci 4-M3l300!?
MAY 29 '91 12:31 NRC RI DRSS P03
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per discharge) primarily into the Canadian Basin of the Arctic Ocean which has a residence time of approximately 4700 years. This region does not support a fisheries nor are there ANY human activities which would be impacted.
If this were a " normal" research cruise aboard the UNOLS fleet (i.e. the research vessels operated by U.S. universities), the liquid waste would be contained and returned to our university for disposal. Unfonunately this will not be possible during this cruise. The port of debarkation is Nome, Alaska which totally lacks rail or road service to the continental United States. The only way to retrograde the liquid waste would be by air which represents a significant safety hazard.
The use of radioisotopes are necessary to study the biological processes occurring in the Arctic Ocean. Since it is not feasible to retrograde the liquid waste for disposal at the University of Maryland, I am seeking permission to discharge the low level liquid radioactive waste into the international waters of the Arctic Ocean. If permission is not granted, the NSF sponsored research cannot be done and this unique research opportunity will be lost.
I appreciate your consideration and look forward to your reply, r
Sincerely yours, ichard
. "Ri'.m m
Research Associate Professor cc.
Dr. Theodore Del.aca, Director of ARCCS Mr. Steven Hand, Radiation Safety Office, University of Maryland h
2
JUN 0 5 1991 MEMORANDUM FOR:
Stuart A. Treby, Assistant General Counsel for Rulemaking and Fuel Cycle, OGC FROM:
John E. Glenn, Chief Medical, Academic, and Commercial Use Safety Branch Division of Industrial and Medical Nuclear Safety, NMSS
SUBJECT:
TECHNICAL ASSISTANCE REQUEST (TAR) FROM REGION I:
DISPOSAL OF LIQUID WASTE INTO ARCTIC OCEAN Enclosed please find the May 28, 1991, letter from Richard F. Rivkin, The University of Maryland System, Center for Environmental and Estuarine Studies, which Region I sent to us as a TAR.
As indicated in Mr. Rivkin's letter, the National Science Foundation is sponsoring a research project involving use of carbon-14 (C-14) and tritium (H-3). This project will take place during a research cruise on a Soviet icebreaker in the Arctic Ocean from July 27 to August 16, 1991.
Mr. Rivkin is seeking permission to dispose of about 10 millicuries of H-3 and 40 millicuries of C-14 in the Arctic Ocean.
We have several questions about this request:
1.
Does the Nuclear Regulatory Commission (NRC) have jurisdiction to regulate the use of C-14 and H-3 on a Soviet vessel operating in international waters? If NRC does have jurisdiction, the staff will inform Mr. Rivkin of the need to obtain an NRC license.
If NRC does not have jurisdiction, what government or agency does have jurisdiction?
We would like to provide appropriate guidance to Mr. Rivkin.
2.
Do you believe that the rationale provided by Mr. Rivkin is adequate to justify authorizing disposal of 10 millicuries of H-3 and 40 milli-curies of C-14 at sea? If additional information is needed to make this determination, please identify the type of information needed.
We understand that the prohibition against sea disposal in 10 CFP.
20.302(b) is prorpted, at least in part, by international treaty.
It is not cicar to us how much flexibility we may have in authorizing sea disposal.
From the standpoint of the amount of radioactive r,1aterial involved and the location of the proposed disposal, we believe that the public health and safety would still be protected if we were to authorize this disposal at sea.
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a Stuart A. Treby 'D e 5 gyp On the other hand, other licensees have conducted similar studies at sea and NRC has required those licensees to contain the radioactive waste and dispose of it after they return from their research cruises.
Mr. Rivkin indicates that this cruise will terminate at Nome, Alaska, 1
which does not have truck or rail service to the continental United States.
Based on a telephone conversation with Region I staff, we.
understand that transfer of the radioactive waste to another licensee in Alaska (e.g., the University of Alaska) may not be feasible because of waste compact considerations.
Mr. Rivkin has, in effect, told us that it would be dif#icult or inconvenient to return the waste for disposal at the conclusion of the cruise.
He has not provided a compelling reason why sea disposal should be authorized.
One situation that the staff thinks might be an example of a " compelling reason" is that the radioactive waste is explosive and inmediate disposal at sea is a safer alternative that returning the waste to land for disposal.
The materials involved in Mr. Rivkin's project are not explosive.
In view of the July 27 starting date for this research cruise and the possible need to take licensing actions, we would appreciate your reply to this memorandum as soon as possible but not later than June 14, 1991.
If you have any questions about this matter, please contact Patricia Vacca at Ext. 20615.
W4.wu. signed Ryr John E. Glenn, Chief Medical, Academic, and Commercial Use Safety Branch Division of Industrial and Medical Nuclear Safety, NMSS
Enclosure:
Ltr dtd 5/28/91 Distribution IMAB-446 PCVacca(kyX.m y)
IPNS Central Files NRC File Center IftAB r/ P flMSS r/f RECunningham JEGlenn filamastra Kinnenman, RI i
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