ML20044C650

Requests Commission Approval of NRC Action Plan for Implementing Requirements of Section 274o of Atomic Energy Act

ML20044C650
Person / Time
Issue date:	04/06/1993
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-93-088, SECY-93-88, NUDOCS 9304130124
Download: ML20044C650 (82)

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April 6,1993 SECY-93-088 POLICY ISSUE (Notation Vote)-

For:

The Commissioners from:

James M. Taylor Executive Director for Operations Sub.iect:

RECOMMENDATIONS ON THE PROCESS FOR IMPLEMENTATION OF THE ALTERNATIVE STANDARDS PROVISION IN SECTION 2740 0F THE ATOMIC ENERGY ACT, AS AMENDED

Purpose:

To obtain Commission approval of the staff's action plan for implementing the requirements of Section 2740 of the Atomic Energy Act, as amended. The staff action plan was requested in the Staff Requirements Memorandum (SRM) of October 17,1990 (Enclosure 1), concerning Commission approval of the Illinois Amendment to its Agreement with the Commission.

Backaround:

In 1983 Congress modified the Atomic Energy Act by adding a new paragraph to the end of Section 2740. The paragraph reads as follows:

"In adopting requirements pursuant to paragraph (2) of this subsection with respect to sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct material as defined in section 11e.(2), the State may adopt alternatives (including, where appropriate, site-specific alternatives) to the requirements adopted and enforced by the Commission for the same purpose if, after notice and opportunity for public hearing, the Commission determines that such alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for the public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and requirements adopted and enforced by the Commission for the same purpose and any final standards promulgated by the Administrator of the Environmental Protection Agency in accordance with section 275. Such alternative State. requirements may take into account local or regional conditions, including geology, topography, hydrology and meteorology."

NOTE:

TO BE MADE PUBLICLY AVAILABLE

Contact:

D. Sollenberger, SP WHEN THE FINAL SRM IS MADE 504-2819 AVAILABLE 97 140057 0

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The staff did not develop any specific procedures for implementation at that time. The staff had been unaware of any State proposing to implement any alternative standards until the State of Illinois proposed alternatives in its draft regulations in support of its Amendment Number One to its Agreement with the Commission. The alternative standards were addressed in SECY-90-253 and in the Commission's decision as reflected in the October 18, 1990 letter to then Governor Thompson approving the Amendment to the Agreement. The resulting SRM, dated October 17, 1990, requested that the staff should submit to the Commission recommendations with regard to how the Commission should go about carrying out its Section 2740 responsibilities in other Agreement States with lle.(2) byproduct material authority. This was also to be done in such a manner that will ensure that the Commission will be in a position to --

(1) provide notice and opportunity for a public hearing in the event that the State proposes alternative requirements at sites covered under such Agreements, and (2) determine whether such alternative requirements will achieve a level of protection that is equivalent to or more stringent than that afforded by the Commission's regulations.

As discussed in the February 6, 1992 memorandum to the Commission (Enclosure 2), the Office of the General Counsel recommended that the determination of the procedures for implementing Section 2740 be delayed pending resolution of the D.C. Circuit Court of Appeals case (Case No. 90-1534).

The staff also recommended a review of the licensing actions of the Agreement States from 1983 to the present to determine whether any of these actions may have been subject to the provisions of the last paragraph of Section 2740, and committed to notify the Agreement States and all NRC staff of their responsibilities in identifying alternative requirements under Section 2740.

Discussion:

D.C. Circuit Court of Appeals Case: The litigation in the D.C. Circuit Court of Appeals has been held in abeyance while the State of Illinois and Kerr-McGee are in negotiations. The last status report on this litigation stated that the parties are continuing their efforts to resolve this matter through negotiation and have agreed to engage in further discussions. Kerr-McGee and the State of Illinois remain hopeful that their efforts will be successful.

j The Office of the General Counsel continues to recommend that the determination of procedures to implement the final paragraph of Section 2740 be delayed. The staff will develop the procedures either upon resolution of the court case or upon identification of a proposed alternative requirement from a mill Agreement State.

Past Licensing Actions by the States: By letter dated March 6, 1992, the staff informed the mill Agreement States of the Commission and State responsibility under Section 2740 of the Act.

By memorandum dated March 11, 1992, the Regional Administrators and other Offices were informed of the Commission and State responsibility.

The Commissioners 3

By letter dated March 20, 1992, the staff requested the four mill Agreement States to review their licensing actions and identify any licensing actions that would be considered alternative standards to those implemented by the NRC.

In response to this letter, the States of Colorado, Texas, and Washington identified a few potential alternative standards. The Illinois situation was previously addressed by the Commission. As a follow-up to the March letter, the issue of alternative standards was discussed at the Uranium Mill Workshop which was held in Denver, Colorado, August 25-27, 1992.

During this discussion, the NRC staff requested that the States of Colorado and Texas each prepare a list of amendments since 1983 by licensee so that a systematic 4 -

review of the licensing actions could be ensured. The State of Washington had already submitted such as listing. The last report was submitted November 12, 1992. A listing of the licensees and the number of licensing actions is enclosed along with the State submittals.

Upon completion of the listing of the amendments and the discussion at the mill workshop, the mill States concluded that they have not approved any alternative standards as defined by the Commission. The staff has reviewed these licensing listings and agrees with the States that they have not implemented any site-specific alternative standards. The States have conformed to the NRC regulations, except for Illinois on which the Commission has already acted. The staff has conducted a sampling of licensing actions as part of the Agreement State program reviews and has not identified any alternative standards.

Based on these activities, the staff has concluded that the mill Agreement States have not implemented any alternative standards.

Responsibility for Section 274c Determination:

In the September 28, 1992 status report, the staff committed to review the delegations of the Offices of Nuclear Material Safety and Safeguards and State Programs and make a determination of which Office should be delegated the Section 274c responsibility. The staff has determined that the Office of State Programs should have this responsibility and amended Management Directive 9.15 for the Office of State Programs to specifically include the responsibility for making the determination that all applicable standards and requirements have been met prior to the Agreement State terminating the license for the lle.(2) byproduct material. These determinations will be made in consultation with the Office of Nuclear Material Safety and Safeguards.

Coordination:

The Office of General Counsel has reviewed this paper and has no legal objection to the recommendation in this paper.

Recommendation:

The staff recommends that the Commission:

Approve:

1.

The staff recommendation that the development of the procedures for processing any alternative standard request from the mill Agreement

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States be delayed until either the D.C. Circuit Court of Appeals case is concluded or the first request is received.

Note:

1.

That the staff has determined that, to date, the mill Agreement States have not implemented any alternative standards to those of the Commission.

2.

That the mill Agreement States and the NRC staff have been informed as to the Commission responsibility in Section 2740.

3.

That the Management Directive 9.15 is being amended to give the Office of State Programs the responsibility for making the determination required in Section 274c.

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Enclosures:

1.

SRM dated October 17, 1990 E.

Memorandum to the Commissioners dated February 6, 1992 3.

Status Report to the Commissioners dated September 28, 1992 4.

Analysis of Agreement State Responses Commissioners' comments or consent should be provided directly to the Office of the Secretary by COB Wednesday, April 21, 1993.

Commission Staff Office comments, if any, should be submitted to the Commissioners NLT WedneFday, April 14, 1993, with an information copy to the Office of the Secretary.

If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION:

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MEMORANDUM FOR:

Harold R.

Denton, Director Office of Governmental and"-

Public Affairs T

FROM:

Samuel J.

Chilk, Secretar

SUBJECT:

SECY-90-253 - PROPOSED AM ND ENT NUMBER ONE TO THE AGREEMENT BETWEEN TUEJSTATE OF ILLINOIS AND U.S.

NUCLEAR REGULATORY i

COMMISMON PURSUANT TO SECTION 274 OF THE ATOMIs

'h F3Y ACT OF 1954, AS AMENDED This is to advise you that the Commission (with all Commissioners agreeing) has approved the proposed amended agreement with Illinois subject to the attached revisions to the proposed letters to Governor Thompson and the Congressional Committees; the proposed public announcement; and the Federal Register Notice.

If and when the State of Illinois proposes to impose alternative requirements, the State's submittal, together with the staff's analysis and recommendations regarding that submittal (including the type of hearing to be conducted and the scope of issues for that hearing), should be submitted to the Commission for its consideration.

The staff should submit to the Commission recommendations with regard to how it should go about carrying out its Section 274o responsibilities in the other Agreement States with 11e.(2) r byproduct authority, in a manner that will ensure that the Commission will be in a position to -- (i) provide notice and opportunity for a public hearing in the event that the State proposes to impose alternative requirements at sites covered under such Agreements; and (ii) determine whether such alternative requirements will achieve a level of protection that is equivalent to or more stringent than that afforded by the Commission's regulations.

ENCLOSURE 1

I The staff should proceed with coordination of the signing of the l

agreement by mail.

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' Attachments:

As Stated cc:

Chairman Carr i

Commissioner Rogers l

Commissioner Curtiss Commissioner Remick OGC EDO 5

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MEMORANDUM FOR:

Chairman Selin l

Comissioner Rogers Commissioner Curtiss Comissioner Remick Comissioner de Planque l

FROM:

James M. Taylor

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Executive Director for Operations

SUBJECT:

STAFF ACTION PLAN FOR IMPLEMENTATION OF THE INTERPRETATION 0F SECTION 274o 0F THE ATOMIC ENERGY ACT, AS AMENDED This memorandum is to inform the Comissioners of the status of the staff response to the Staff Requirements Memorandum of October 17, 1990, concerning Comission approval of the Amendment to the Illinois Agreement with the Comission, which requested the staff to develop a plan for the implementation of the requirements of Section 274o of the Atomic Energy Act, as amended, for the other mill licensing States.

In developing the response to the Comission direction, the staff identified two issues which will require significant i

additional time.

The first issue concerns current litigation in the D.C. Circuit Court of Appeals (Case No. 90-1534) which addresses the issue of hearings required in Section 274o of the Act. The Office of General Counsel recommends that discussion of the hearing issue be delayed so that the staff can have the benefit of the determinations made in this litigation.

l The second issue concerns licensing actions taken by Agreement States from 1983 to the present that may have been subject to the provisions of Section 2740 but were not reviewed with this consideration. The staff recomends that a review be done to determine the number and impact of these licensing actions on the level of stability and containment of the sites concerned. The staff estimates that this effort can be accomplished in about one year.

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I have directed the staff to proceed with notification of the Agreement States and the NRC staff of the Commission responsibility (see attached letter and memorandum). This will ensure that all parties are aware of their responsibilities and the individual cases will-be handled on a case-by-case basis until the above paper can be finalized.

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xecutive Director for Operations Attachments:

1.

Draft Letter to Mill Agreement States i

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Draft Guidance to NRC Staff cc: SECY DGr t

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September 28, 1992

'l MEMORANDUM FOR:

The Chaircan Commissioner Rogers Commissioner Curtiss Comissioner Remick Co::nissioner de Planque FROM:

James M. Taylor Executive Director for*0perations

SUBJECT:

STATUS REPORT ON THE ACTION PLAN FOR IMPLEMENTATION OF SECTION 2740 0F THE ATOMIC ENERGY ACT, AS AMENDED This memorandum is to update the Commissioners on the action plan status for the implementation of the requirements of Section 274o of the Atomic Energy Act, as amended, perteining to alternative standards developed by Agreement States.

The staff presented in a February 6, 1092 memorandum to the Commissioners several actions to notify the implementing Agreement States, NRC Offices, and Regions.

In addition, the staff had 1@ntified that there should be a review of past licensing actions to determine the number and impact of any licensing actions that authorized alternative actions. The actions taken to date are:

ACTION:

NOTIFY IMPLEMENTING AGREEMENT STATES OF RESPONSIBILITY A letter notifying the mill Agreement States was sent March 6,1992 (see ).

ACTION:

NOTIFY IMPLEMENTING NRC REGIONS AND OFFICES A memorandum notifying the implementing Regions with copies to the Program Offices was sent March 11, 1992 (see Attachment 2).

ACTION:

REQUEST AGREEMENT STATES TO IDENTIFY ANY ACTIONS THAT WOULD CONSTITUTE ISSUANCE OF AN ALTERNATIVE STANDARD A letter, dated March 20, 1992, was sent to the States of Colorado.

Illinois, Texas and Washington requesting that the mill licensing States review their licensing records since January 1983 to identify whether they have issued any licenses or license amendments that approved standards or requirements that would be considered alternative standards (see Attachment 3). The letter requested responses by June 1,1992.

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The Connissioners 2

In response, the four States submitted letters (see Attachment 4) which identified a few cases that could be potential alternative standards.

The potential cases are:

State of Colorado Umetco-Uravan site, license number 660-02: The State allowed the licensee to leave the tailings pond outslopes at a 3h:lv slope in order to avoid reducing the internal stability of the piles and to maximize the distance from the piles to the mesa edge. This design was evaluated extensively prior to adoption.

Umetco-Haybell site, license. number 650-01: The State allowed the licensee to place mill debris over an unlined area between the piles of heap-leach materials. This alternative was allowed in order to avoid destruction of the heap-leach drain system.

Analysis by the licensee indicated that long term infiltration through the piles will be controlled by the clay layer in the cover. The facility has not shown signs of leakage into the aquifer which is 200 feet below the site.

These two cases have identified areas that are under review for consistency with the NRC licensing program.

If they are found to be within the scope of the NRC regulations and licensing program, they would not be considered alternative standards.

State of Illinois The State of Illinois has taken no licensing action other than to declare that license number STA-583 has expired and that a new application will be required. No changes to the regulations governing 11e.(2) byproduct material have been made since Amendment Number 1 to the Agreement was signed.

State of Texas The State of Texas has, by statute, a slightly expanded definition of byproduct material. The Texas definition has, in addition to the NRC definition, the words, "and other tailings (or wastes) having similar radiological characteristics" added to the end of the definition. This definition was reviewed by the NRC staff in 1981 and was approved at the time the Comission entered into the Amended Agreement.

Since 1983, two licensees have been authorized to receive byproduct material (under the Texas definition) for disposal in their tailings impoundment.

Amendment 25 of License L01634 (Conoco Conquista), issued February 4, 1983, authorized such receipt and disposal.

Conoco did receive material from other persons until 1987.

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The Commissioners 3

They are currently in the process of closing the impoundment.

Amendment 10 and 17 of License LO2402 (Chevron Panna Maria),

issued March 3, 1983 and November 30, 1990, respectively, authorized the receipt of processed materials containing uranium for purposes of reprocessing for its uranium content and receipt of byproduct material (Texas definition) for disposal in its mill tailings pond.

These two licenses are the only uses to date of the unique Texas definition for byproduct material.

It has not been clarified whether inclusion of additional material into the category of byproduct material constitutes an alternative standard.

State of Washington The only licensing action that may constitute use of an 1

alternative standard is the issuance of amendment I to the license l

for the Joy Mining site, license number WN-10220-1, issued April 30,1984. This license allowed the company to return the i

processed (uranium bearing) bog material to the bog from which it i

had been mined. However, the material meets the NRC criteria for i

release for unrestricted use.

i The State of Washington has requested NRC to make a determination that all applicable standards have been met for the Joy Mining site. This is currently under consideration by the staff.

The responses received from the States were not very detailed. This issue was discussed at the recent Uranium Mill Workshop held in Denver, Colorado. The NRC staff requested the States of Colorado and Texas to review their licensing 3

files and list the licensing actions including the. specific aspect of each licensing action (e.g., amendment to drop one environmental monitoring location). The State of Washington has already completed this activity (see ). With this information, the NRC staff should be able to confirm that the State's review of its files has been complete and there should be no actions that constitute an alternative standard that have been missed. The responses from Texas and Colorado are going through management review in the respective States and are expected by the end of next month.

1 FUTURE ACTIONS The staff will review the detailed listing and confirn the States' conclusions on the possible alternative standards identified. For the alternatives identified, the NRC staff including the Office of General Counsel will review each case and develop a recommendation of whether they should be considered an alternative.

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W 16 E The staff will process the alternative standards through the notice and i

hearing provision in section 2740, if any alternative standards are identified.

i The staff is reviewing the delegations of authority to clarify the responsibilities of the Office of Nuclear Material Safety and Safeguards and the Office of State Programs in implementing the provision in section 274c that the Comission shall make a determination that all applicable standards and requirements have been set prior to the State i

terminating the license for byproduct saterial, as defined in section 11e.(2).

%Wsipedby elarD64 Al. Taylor a

James H. Taylor i

j Executive Director for Operations Attachments:

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March 6,1992 letter to mill States 2.

March 11,1992 memorandum to cill Regions a

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March 20, 1992 letter to till States i

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State responses to March 20, 1992 letter 5.

July 23, 1992 letter from the State of Washington cc:

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COLORADO, ILLINDIS, TEXAS, WASHINGTON CLARIFICATION OF STATE AND NUCLEAR REGULATORY COMMISSION OBLIGATIONS UNDER i

SECTION 274o 0F THE ATOMIC ENERGY ACT, AS AMENDED (SP-92-049) l t

The Nuclear Regulatory Comission (NRC) recently amended its Agreement with the State of Illinois (see SP-90-195).

In the process of approving this amended Agreement, the Comission clarified the meaning of Section 274o of the i

Atomic Energy Act, as amended. The clarification. involved the meaning of what constitutes an alternative to the NRC regulations, and the obligation of the i

Commission and the State when a State proposes to implement such alternatives j

under an Agreement for 11e.(2) byproduct material. The NRC staff has developed an information sheet, a copy of which is enclosed, to assist in the clarification of this issue. The procedure for identifying and handling such s

alternatives should be through the normal means of communication and is discussed in the information sheet.

We would like to work with the mill licensing States so that there will not be t

any concerns raised on the applicable standards when the State is prepared to terminate a mill license. This will assist the Comission in carrying out its responsibility, pursuant to the last paragraph of Section 274(c), to make a determination that all applicable standards and requirements have been met t

prior to the State's termination of a license for lle.(2) byproduct zaterial.

1 We will be conducting a review of past licensing actions to identify whether I

any alternative standards were implemented between 1983 to the present. The j

spec;fic procedure and information needs will be presented at that time.

t if you have any questions on the information sheet, please contact Dennis Sollenberger at 301 504-2819.

Sincerely, i

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.ller, As istant Director for St.e Agreements Program ffice

, State Programs

Enclosure:

As stated cc:

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I RESPONSIBILITIES UNDER SECTION 2740 0F THE ATOMIC ENERGY ACT, AS AMENDED Section 274o provides that the Comission has continuing responsibilities under this section in those States that have entered into an Agreement with the Comission for lle.(2) byproduct material. The Comission is required to provide (1) notice, (2) opportunity for a public hearing, and (3) following (1) and (2) the Comission must determine that such alternatives will achieve (A) a level of stabilization and containment of the sites concerned, and (B) a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites.

The Comission determination must be that the level of protection is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and requirements adopted and enforced by the Commission for the same purpose. Specifically, Section 2740 states:

"In adopting requirements pursuant to paragraph (2) of this subsection with respect to sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct material as defined in section lle.(2), the state may adopt alternatives (including, where appropriate, site-specific alternatives) to the require:ents adopted and enforced by the Commission for the same purpose if, after notice and opportunity for public hearing the Commission determines that such alternatives will achieve a level of stabilization s

and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which l

would be achieved by the standards and requirements adcpted and enforced by the Co=ission for the same purpose and any final standards promulgated by the Administrator of the Environmental Protection Agency in accordance with section 275. Such alternative State requirements may i

take into account local or regional conditions, including geology, topography, hydrology and meteorology."

In order for the Co=ission to carry out its responsibilities under Section 2740 of the Act to provide notice and opportunity for a public hearing in the event that a State proposes to impose alternative requirements at sites

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covered under an agreement for 11e.(2) byproduct material, as well as to 4

permit the Comission to make the determinations discussed above, a State shall notify the Comission in advance of when a State proposes to impose standards that differ from those established by the Comission. This includes all instances where a State's proposed alternative requirements, as contained either in specific State regulations or as proposed for application at a specific site, -- (1) are either more or less stringent than the requirements j

established by the Comission; (2) address matters where the Comission has affirmatively decided not to impose requirements; a State.of its authority to grant exemptions from r(3) involve the exercise by equirements established by the State; or (4) add to or remove the flexibility that would otherwise be available to the licensee in complying with NRC's standards. Following notification by a State, and prior to the Comission's publication of a notice, the Comission would ask that a State present the rationale for the application of such alternative requirements, together with an analysis of 4

whether suc' siternative requirements will achieve a levei of protection that i

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is equivalent to or more stringent than that afforded by the Commission's regulations.

This State / Nuclear Regulatory Commission responsibility will be implemented through the normal lines of communication. The State should send the above 4

information to the respettive Regional State Agreements Officer (RSAO) who will forward the information to the Office of State Programs. The Office of State Programs will request technical assistance, as necessary, and will develop the Federal Peoister notice and provide the staff recommendation to the Executive Director for Operations to be sent to the Commission.

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MAR 11892 MEMORANDUM FOR:

A.- Bert Day, Regional Ac.iistrator s

Region III Robert D. Martin Regional Administrator Region IV John B. Martin Regional Administrator Region Y FROM:

James M. Taylor Executive Director for Operations

SUBJECT:

CLARIFICATION OF RESPONSIBILITIES OF THE COMMISSION AND AGREEMENT STATES WHEN THE STATE IMPLEMENTS ALTERNATIVE REQUIREMENTS FOR lle.(2) BYPRODUCT MATERIAL 4

The Commission in its decision to approve the amended Agreement with the State of Illinois clarified the meaning of Section 274o of the Atomic Energy Act, as t

amended (the Act). This clarification was reflected in the letter to Governor Thompson (attached) and in the statement sent to the four 11e.(2) Agreement j

l' States (attached).

I would like your staff (Regional State Agreement Officers i

or other staff, as appropriate) to notify the Office of State Programs when a State appears to be implementing alternative requirements for 11e.(2) i byproduct material which are subject to the process required in the last

-l paragraph of Section 2740 of the Act. As discussed in the letter to the 4

States, the normal lines of communication for Agreement State issues should be used to facilitate the handling of these cases.

If you or your staff need further information on this issue, please contact Vandy L. Miller, OSP or Marty Malsch, OGC.

l Original Signed By:

l james M. Taylor j

James M. Taylor Executive Director for Operations

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Enclosures-I 3.

Letter to Governor Thompson dated 10/18/90 2.

Letter to mill States dated 03/05/92 cc:

Director, OSP l

Director, URF0 l

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REQUEST FOR THE URANIUM MILL STATES TO IDENTIFY ANY LICENSING ACTIONS THAT WOULD QUALIFY AS ALTERNATIVE STANDARDS AS DESCRIBED IN MILL LETTER SP-92-49 i

(SP-92-055) l The Office of State Programs recently sent you a letter (SP-92-49) dated i

March 6,1992 which clarified the Nuclear Regulatory Comission's responsibility and the States' responsibility under Section 274o of the Atomic Energy Act, as amended. As previously stated in the March 6,1992 letter, the i

clarification involved the meaning of what constitutes an alternative to the l

NP.C regulations and the obligation of the Comission and the State when a l

State proposes to implement such alternatives under an Agreement for lle.(2) i byproduct material.

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The purpose of this letter is to request that the Mill States review their licensing records since January 1983 to identify whether they have issued any licenses or license amendments that approved standards or requirements that i

il would be considered alternativ~e standards to those implemented by the NRC.

Please provide to State Programs by June 1,1992 the listing of the licensing l

actions taken by you since January 1983 that included alternative standards.

A negative report is also requested if you have not taken any such licensing actions.

Following your submittal, we will be contacting you if we need any additional information on your submittal. Eventually we will need your supporting rationale for the approval of these alternative standards so that we can make a determination as to whether the alternatives will achieve a l

l 1evel of stabilization and containment of the sites, and a level of protection

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for public health, safety, and the environment from radiological and nonradiological hazards associated with the sites, which is equivalent to, to i

the extent practicable, or more stringent than the level which would be achieved by the standards and requirements adopted and enforced by the Comission and any final standards issued by the Environmental Protection i

Agency (EPA) under Section 275 of the Atomic Energy Act. The request for your l

rationale will be handled by separate letter.

Please advise also if after January 1983 you have promulgated by regulations any alternative standards.

i We realize the burden this action may cause you, however, I would appreciate your imediate attention to this satter.

We are planning a mill States licensing workshop for this fiscal year and intend to discuss this issue at that workshop. Any :ther topics that you think should be considered for this workshop should be submitted to me.

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Office of State Programs

DETERMINATION IF STATE ACTIONS CONSTITUTE ALTERNATIF t. MARDS The review of State acticns has been divided in.o w; area, generic standards and site-specific licensing actions. The generic standards adopted by the mill Agreement States have been in conformance with the Nuclear Regulatory Commission (NRC) regulations, except for those noted in the approval of the Illinois Amended Agreement in 1990. The attached chronology of the statutory and regulatory history shows that the mill Agreement State conformed to the NRC regulations. The States initially established regulations in 1982 which conformed to the 1980 NRC mill regulations. The States then amended their regulation in 1990 to conform to the 1987 NRC mill regniations which conformed to the Environmental Protection Agency standards in 40 CFR Part 192.

Following the establishment of the alternative standards requirement through the amendment of Section 2740 in 1983, there had not been any formal notification of the State or the affected implementing NRC Offices.

Therefore, the staff initiated notification of the States through a letter and the implementing NRC Offices through a memorandum (see Enclosure 3 to this Commission paper). 7be staff then requested, in letter dated March 20, 1992, i

that the States review their licensing actions and determine whether any of these actions may constitute an alternative standard. The results of this request and the follow-up actions are discussed below.

The initial State response to March 20, 1992 letter ana the rationale for considering them not to be alternative standards.

Colorado Two possible alternative standards were identified.

1.

Umetco Uravan - The State allowed a 3h:1v slope in order to avoid reducing the internal stability of the piles and to maximize the

' distance from the piles to the edge of the mesa.

l This slope is allowed under Criterion 4 of Appendix A to 10 CFR Part 40 when justified. The State has determined that this 3h:lv slope is more stable than a less steep slope given the site conditions.

2.

Umetco Haybell - The State allowed the licensee to place mill debris over an unlined area between the piles of heap leach materials.

This is not considered an alternative standard because the NRC has used this same practice at its uranium facilities and the disposal is within the overall waste disposal area.

Illinois No new possible alternative standards were identified.

Texas One possible regulatory alternative standard and two applications of that standard were identified.

1.

The Texas Control Act and the implementing regulation defines byproduct material to include "othar tailings (or wastes) having similar radiological characteristics." Note that this definition would permit radium and other non Atonic Energy Act materials to be disposed of as lle.(2) material in Texas. This could effect the ability of the licensee to transfer the site to the Department of Energy for custodial ENCLOSURE 4

i care, if the State of Texas chooser not to take title to the site. The two applications of this definition were at the Conoco and Chevron site where they were authorized to accept wastes other than from uranium recovery facilities. Conoco was the only site to actually accept any wastes. Since the authorization to receive wastes is still in effect, Chevron has proposed receiving wastes from in situ facilities until it has completed closure of the existing impoundment. Both facilities are currently in reclamation.

This is not considered an alternative standard since NP.C has proposed a policy which would allow source materials to be sent to NRC licensed tailings impoundments. The inclusion of other materials in the disposal area does not change the standards for the lle.(2) byproduct material.

The only material that is not 11e.(2) byproduct material that has gone into the Conoco impoundment were some rare earth residues at levels of approximately 2000 pCi/g Ra-226. The disposal of these residues at the Conoco impoundment ceased in 1988.

Washington -

Two possible alternative standards were identified.

1.

The State authorized a pilot plant facility to return processed material to the bog from which it had been removed. The material was less than 15 pCi/g Ra-226.

This is not considered an alternative standard since the NRC regulations do not restrict the disposal of lle.(2) byproduct material that is below the 5/15 pCi/g standard. This has been used as the cleanup standard for the uranium milling program.

2.

The State authorized the processing of filter cake material from a mine water treatment plant to be processed for its uranium content.

This is not considered an alternative standard since NRC has issued several similar authorization to its facilities and the staff has published a policy paper that provides for the use of other feed materials for mills other than natural ores.

l The staff has concluded that, based on the above, none of the potential alternative standards initially identified by the mill States are actually alternative standards.

The staff requested that the States of Colorado, Washington, and Texas list the amendments to each license and determined in their opinion whether any of i

these amendments implemented a site-specific alternative standard.

In addition, the States considered their previous submittals and indicated that the previous possible alternative standards were no longer considered alternative standards.

The staff has reviewed the listings of licensing actions provided by the 1

States.

In addition, the staff considered the history of the States based on the review of their regulations and the program reviews conducted since 1983.

Based on the above information,_the staff has concluded that the mill Agreement States have not proposed, except for those in Illinois, or implemented any alternative standards.

l r

i CIIRONOLOGY FOR URANIUM RECOVERY STANDARDS March 18,1975 NRDC petition for rulemaking received. (FRN May 14, 1975)

May 13,1977 The Division of Fuel Cycle issues the BTP on uranium mill tailings management. Broad objectives of protecting public health and the environment. Reduction of releases is discussed in the context of ALARA.

November 1978 The Uranium Mill Tailings Radiation Control Act was passed by Congress.

April 1979 The Draft Generic Environmental Impact Statement (DGEIS) was issued in support of draft regulations on uranium milling.

September 1980 The final GEIS was issued.

October 3,1980 The final rule revising Part 40 and adding Appendix A was published in the Federal Register. The effective date of the regulation was November 2

17, 1980. Contained radon emanation flux rate of 2 pCi/m -s and long-term stability to meet "several thousands of years.'

December 4,1981 NRC's appropriation was embargoed by Congress. No funds _could be l

expended in the implementation or enforcement of Appendix A.

j Furthermore, the embargo continued until October 1,1983.

The NRC then used already existing BTP's and Regulatory Guides and all licensing decisions were made on a case-by-case basis.

I Spring 1982 Three Agreement States amend their agreements to include milling and mill tailings:

State of Washington - February 19,1982 State of Texas - March 4,1982 State of Colorado - April 20,1982 April 29,1983 EPA issues draft rule for active uranium milling sites. Standards were less f

conservative than NRC's 1980 standards, except for ground-water protection.

i May 26,1993 NRC proposed suspension of those portions of Appendix A imposing unnecessary burdens on licensees should EPA's rules be adopted. Final suspension could continue until April 1,1984 at the latest.

August 4,1983 NRC issues final suspension of portions of Appendix A.

October 1,1983 Appendix A embargo terminates. NRC is permitted to expend funds to enforce Appendix A regulations.

October 7,1933 EPA publishes final standards for active uranium mills (40 CFR Part 192, Subparts D and E). Portions of SWDA/ RCRA standards were included by reference. Effective date: December 6,1983.

December 1983 -

Period of internal NRC discussion on approach to conform with EPA November 1984 standards.

ATTACHMENT I

i l

1 November 26,1984 NRC initiates a two-step rulemaking:

NRC issues a proposed rule to conform to non ground-water portion of l

EPA standards.

i NRC issues an ANPRM to conform with EPA ground-water protection standards.

October 16,1985 NRC issues final rule revising Appendix A to conform with the non ground-water protection criteria in EPA's final standards.

~

July 8,1986 NRC issues proposed regulations conforming Appendix A with the ground-l water protection standards in EPA's final rule.

i November 13,1987 NRC issues final rule conforming Appendix A with EPA's final standards l

on ground-water protection.

l April 1990 Texas conformed its regulations to the revised Appendix A.

I f

September 1990 Washington conformed its regulations to the revised Appendix A.

l i

November 1,1990 The State of Illinois amendment to its agreement to regulate milling and j

mill tailings became effective.

December 30,1990 Colorado conformed its regulations to the revised Appendix A.

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i LISTING OF LICENSING ACTIONS l

STATE LICENSEE LICENSE NO.

NO.OF AMENDMENTS i

Colorado Cotter Canon City 369-01 10, #16-#25 Mill Umeteo Uravan Mill 660-02 9,#0043,#18423 Umetco Maybell Heap 66041 7, #6-#12 Leach Hecla-Durita Heap 317-02 2,#546 Leach hiinois Kerr-McGee Corp.

STA-583 2, Expiration of license West Chicago and amendment #18 to expired license.

Texas Mills Exxon Ray Point L01431 14, #11 424 i

Chevron Panna Maria LO2402 8,#10417 Conoco Conquista L01634 12, #25 436 Texas In Situ intercontinenta!

LO2238 12,#8419 Energy Corp.(IEC)

Zamzow-Pawnee IEC Lamprecht, LO2538 22, #13-#34 Zanuow and Pawnee Solution Engineering LO2169 1, annulled license Inc.

Caithness Mining LO2922 8, #249, License l

Corp.

terminated,1989 Conoco, Inc. Trevino LO2923 8, #4411, license terminated,1989 Mobil Alternative LO2485 8, #9416, license Energy, Inc. Piedre terminated,1985 Lumbre-Brelum Westinghouse Electric LO2537 13, #14 426 Corp. Bruni i

Everest Exploration, LO2663 11,#5415, license Inc. Hobson admin. terminated when combined with LO3626.

Texas In Situ Everest Exploraticn, LO2929 6, #247, license admin.

(continued)

Inc. Las Palmas terminated when combined with LO3626.

ATTACHMENT 2

STATE LICENSEE LICENSE NO.

NO.OF AMENDMENTS Everest Exploration, LO3068 13, #2-#14, license Inc. Mt. Lucas admin. terminated when j

combined with LO3626.

Everest Exploration, LO3626 11, Initial license - #10.

Inc.

Malapai Resources LO2436 13, #12 4 25

)

Company Holiday, El Mesquite, and O'Hern USX Corp. Texas LO2449 21, #7-#27.

Uranium Operations URI, Inc.

LO2704 9,#8416.

URI, Inc.

LO3653 URI, Inc.

LO3987 5, Initial license - #4, license admin. terminated when combined with LO3653.

Total Minerals Corp.

LO3024 6,#5411.

West Cole l

Washington Dawn Mining WN-1043-2 6,#7412.

l Company Ford Mill d

Western Nuclear, Inc.

WN-10133-1 8, #6-#13.

Sherwood Mill Joy Mining Company WN-10220-1 4, Initial license - #3.

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WLORADO rhone (303) 320 8333

- oma DEPA RT M ENT O F A H E A LTH Hay 13, 1992 Mr. Vandy Miller Assistant Director State Agreements Program Office of State Programs U.S.

Nuclear Regulatory Commission Washington, D.C.

20555

Dear Mr. Miller:

The Radiation Control Division has reviewed its files in relation to your letter of March 20, 1992, (SP-92-058) regarding the establishment of alternative standards in Radioactive Materials Licenses.

Based upon our review, there are two instances where the Division has allowed alternative standards.

The first instance involves the Umetco-Uravan site, license number 660-02.

At that site, the Division allowed the licensee to leave the tailings pond outslopes at a 3h:1v slope in order to avoid reducing the internal stability of the piles and to maximize the distance from the piles to the mesa edge.

This alternative was evaluated extensively prior to adoption.

The second instance involvec the Umeteo - Haybell site, license nue.ber 660-01.

The Division has allowed Umeteo to place mill debris over an unlined area between the piles of heap leach materials. This alternative was allowed in order to avoid destruction of the heap leach drain system. Analysis by the licensee indicated that long term infiltration through the piles will be controlled by the clay layer in the cover.

The facility has not shown signs of leakage into l

the aquifer which is 200 feet below the site.

With regard to your request about the promulgation of regulations, the State of Colorado has not adopted any regulations with alternative standards since 1983. As you are aware the State did adopt a new Part 18 regulations based upon the 10 CFR 40 regulations.

If there are further questions regarding this letter do not hesitate to contact Mr. Donald Simpson at (303) 331-8496.

' Sincerely, Robert M. Quillin, Director Radiation Control Division DS/enh t

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I STATE OF ILLINOIS DEPARTMENT OF NUCLEAR SAFETY 1

1035 OUTER PARK DRIVE 3

SPRINGFIELD,IL 62704 (217) 785-9900 i

Tas W. OnTecta Ju EoaAn May 1992 D<atetoa Govtn.ca Mr. Vandy L. Miller State Programs Mail Stop 3D23 Office of Governmental and Public Affairs U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Re:

RESPONSE TO URANIUM MILL STATES LETTER (SP-92-058)

I

Dear Mr. Miller:

i The Illinois Department of Nuclear Safety (Department) hereby submits

[

its comments on the above-identified Agreement States Letter. The letter t

requests that states identify any licenses or license amendments that approved standards or requirements that would be considered alternative standards to i

those implemented by the NRC. The Department has taken_no li~ ensing aclion -

c other than to declare that license number STA-583 has expired and that--a new application will be required.

In addition, the Department has not amended its regulatierts governing Section lle.(2) materials since Amendment I tb7he Agreement was signed.

If you have any questions regarding these comments, do not hesitate to call me or David Scherer at (217) 785-9947.

-i Sincerely, d

m Steven C. Collins, Chief Division of Radioactive Materials l

SCC:DJS: jab l

cc:

B.J. Holt l

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+

j Texas Department of Health David R. Smith, M.D.

1100 West 49th Street Fobert A. MacLean M.D.

Commissioner Austin. Texas 78756-3189 Deputy Commissioner -

l (512) 455-7111.

Radiation Control (512) 834-6688 l

June 5,1992 l

i Mr. Vandy L. Miller, Assistant Director for State Agreements Program i

Office of State Programs i

U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Miller:

In res onse to your request dated March 20,1992, for Uranium Mill States to

~i identi licensing actiens that would SP-92 9, we submit the following: qualify as altemative standards as described in Mill Lett j

4 The State of Texas has, by statute a slightly different definition of byproduct material (second definition from tflat defined in section 11e.(2)Rec of the Atomic Energy Act. The Texas law, which has been in effect since 1981, and Inas l

Control nf Radiation (TRCR) Part 43, also adopted that year, define byproduct material to l

include not only tailings from ores processed for source material content but also tailings I

having similar radiological characteristics." This definition was reviewed by Nuclear Amended Agreement. Su(bsequ)ent discussions were held during NRC's review of t i

radiation control program in 1990. The uranium program was still found to be compatible at i

that time.

Since January 1983 two licensees have been authorized to receive byproduct material (under the Texas definition) for disposal in their tailings impoundment. Amendment 25 of License L01634 (Conoco Conquita), issued February 4, 1983, authorized such receipt and disposal. Conoco is in the process of closure of their tailings empoundment and has not received byproduct material from other persons since 1987.

i Cnevron's Panna Maria Mill LO2402)90, under Amendment No.10 (hfarch 3,d materials Amendment No.17 (Novembe(r 30,f repr)o, cessing for its 1983) and 19 was authorized " receipt of processe containing uranium for purposes o byproduct material as defined at TRCR 43.2(a)(2) for disposal in its mill tailings pond."

t No other alternatives to those implemented by NRC have been applied to Texas licensees since 1983.

If you have any questions concerning this matter, please feel free to contact i

us.

Yo s ly,

~

/

David K. Lacker, Chief -

Bureau of Radiation Control a

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sT ATE Of WASHNCTON DEPARTMENT OF HEALTH w.ie a Cen:e B:p 3 e Atail s:op LE-13 e Oivnps. M ahng:o, 4E5M May 26,1992 Vandy L Miller Assistant Director for State Agreements Program Office of Governmental & Public Affairs U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Miller:

I am responding to your letter (SP-92-058) received March 25,1992.

The state of Washington has issued one license within the timeframe referenced in your letter, to the Joy Mining Company, license number WN-10220-1, issued April 30, 1984 (Amendment 1). This license allowed the company to return the processed (uranium bearing) bog material to the bog from which it had been mined. Details about the Joy Mining Company are provided in the two enclosed letters; the first to Jack Hornor, dated January 14,1991, and the second to Ramon Hall, dated April 22,1992.

In addition, the state of Washington recently made a request to the NRC for technical assistance,in the form of a letter to Jack Hornor, dated April 29,1992 (enclosed). In this letter, we asked the NRC to assist us in determining if filtercake residue from the Dawn Mining Corapany's (DMC) Midnite Mine water treatment plant can be classified as refined or processed ore. DMC has requested that we allow the restart of its uranium mill to process the filtercake for its uranium content.

In your letter, you also asked if the state has promulgated any regulations allowing alternative vandards, and we have not.

I hope the enclosed letters will be sufficient to provide you with the information you need.

If you have any questions, please feel free to contact me at (206) 753-3459.

Sincerely, Gary obertson, Head Waste Managemen: Section GR:krf 4

Enclosures

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OLORADO Df PARTMENT OF HE AL TH

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00$.t91-47DD p,, %,

(,oDs t't1%bt Pdfreced A %Aan MD MPH f m utre Dredor October 2, 1992 Mr. Dennis sollenberger office of State Programs US Nuclear Regulatory Cone.ission Wash!.ngton, DC 205E5

+

Dear Mr. Sollenberger:

The State of Colorado has prepared a list describing the license amendments for the Uravan, Canon City, Maybell and Durita Sites as requested by your office.

The amendments described cever the timeframe from 1979-1980 to present, which spans the time since inplementatien of NRC's rule regarding alternative standards.

As you can see, the list shows that no request for an alternative standard provision has been received or processed by the Division and that no licensing action by ti.e Division has instituted and alternative standard.

If the Division can be of further assistance please contact Don Simpson of my staff.

i Sincerely, 3

f!

~

Rcbert M.

Quillin, Director Radiation Centrcl Divisien DS/enh Enclosures as stated.

xc:

Bob Doda, NRC Ray Hall, NRC R.

Ziegler, Cotter i

G.

Gamble, Hecla J.

Frost, Umeteo t*

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Prn.i.i m. e s.

e.it.ne o

t COTTER CANON CITY LICENSING HISTORY Oct.

6, 1992 Page 1 1

COTTER CORPORATION CANON CITY URANIUM MILL SITE i

COLORADO SPECIFIC RADIOACTIVE MATERIAL LICENSE NO. 369-01 l

Amendment (Effective Date)

Action Amendment 25 ( 4/ 1/92)

Revised licensed site boundary, reporting requirements and standard license conditions (LCs) l Amendment 24 (12/ 8/87)

Added CERCLA natural resource damage lawsuit settlement Remedial Action Plan (RAP) as referenced document Amendment 23 ( 3/31/87)

Updated the Radiological s

Health and Safety Procedures Manual reference and added bankruptcy LC i

Amendment 22 (appealed)

Superseded by Amendment 23 i

Amendment 21 (10/17/86)

Revised LC 6, authorized radioactive materials

{

Amendment 20 (appealed)

Superseded by Amendment 23 Amendment 19 ( 3/ 1/85)

Revised LCs to distinguish l

cperating from non-operating periods Amendment 18 ( 2/23/84)

Added referenced document

.)

concerning replacement'of yellowcake product handling equipment j

Amendment 17 ( 8/ 8/83)

Authorized added interim storage of alkaline leach j

tailings in secondary impoundment, incorporated revised Radiological Health and Safety Procedures Manual

_l and Lower Limits of Detection c:\\ DOCS \\USP\\3691\\3691LYA.KW

.i

-f COTTER CANON CITY LICENSING HISTORY Oct.

6, 1992 Page 2 k

Amendment 16 ( 5/12/83)

Authorized storage and processing of once-processed Colorado uranium ores remaining on site Amendment 15 (12/ 6/82)

Prohibits use of alkaline leach mill without prior reauthorization l

Amendment 14 ( 2/23/82)

Authorizes several minor sources Amendment 13 ( 3/12/82)

Revision in full updating authorization of acid leach mill operation and transfer

~'

alkaline leach tailings to secondary impoundment and adding several standard conditions The State of Colorado Rules and Regulations Pertaining to Radiation Control were modified to incorporate revisions to 10 CFR 40, including Appendix A, by the Colorado State Board of Health on August 19, 1981, effective October 1, 1981.

t Amendment 13 incorporated and superseded all prior amendments (e.g. the major Amendment 11 in 1979 authorizing construction of the new acid leach mill).

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Umeteo Minerale Corporation's Maybe11 Uranium Heap Leach Site Colorado Padioactive Materials License No. 600-01 Amendment #12, August 22, 1991 - authorized Umeteo to install a 6 to 12 inch thick interim cover on the heap leach material.

i Amendment #11, May 30, 1991 - authorized Umeteo to install additional ground water monitoring wells. Updated the license to conform to changes in Part IB l

of the Colorado regulations, which became effective December 30, 1990.

i l

Amendment #10, June 2, 1989 - authorized Umetco to reshape the entire heap leach area [5(H):1(V) slepes) and to conduct gamma surveys and soil sampling.

Amendment #9, October 1, 1988 - approved Umetco's request to modify the spray evaporation system used for the disposal of stored liquid wastes.

Amendment #E, June 16, 1987 - required chemical crusting agents to be applied to the heaps to control fugitive dust emissions and required air monitoring.

Amendment #7, June 7, 1985 - inecrporated Umetco's " Radiation Health, Safety and Environmental Monitoring Procedures Manual - dated March 1985".

Amendrent #6, March 31, 1984 - distinguished between inactive mill tailings piles (Title I site) and the active heap leach site (Title II site).

Incorporated standard license conditions and license for.nat.

Amendment # 5, December 1, 1980 - required a revised environmental monitoring and assessment program and required compliance with 40 CFR Part 190 (Subpart F).

i Amendment #4, May 25, 1979 - authorized the expansion of the heap leach area to 55 acres.

j Amendment #3, April 27, 1979 - approved modifications for the processing of l

the uranium ore.

Amendment #2, January 8, 1979 - named H.L.

Piper and D.A. Moody as the

[

operation supervisors.

I Amendment #1, August 3, 1976 - established license expiration date at

[

June 30, 1981 and approved modifications for the processing of the uranium j

ore.

Original license, June 8, 1976 - approved application dated April 13, 1976.

1 CB/enh j

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1 I

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1 i

UMETCO URAVAN LICENSING HISTORY OCt.

6, 1992 Page 1 1

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UMETCO MINERALS CORPORATION URAVAN URANIUM MILL SITE COLORADO SPECIFIC RADIOACTIVE MATERIAL LICENSE NO. 660-02 l

61,dment (Ef fective Datei Action Amendment 02 ( 4/ 4/91)

Full license revision, authorizing disposal at Uravan of UMTRCA Title I tailings from the Naturita UMTRA site and updating standard license conditions (LCs)

Amendment 01 ( 8/31/87)

Added two Troxler moisture density guages Amendment 00 (12/17/86) rull license revision, authorizing final reclamation, incorporating the CERCLA natural resource damage lawsuit settlement Remedial Action Plan (RAP) as a referenced document, and updating other LCs COLORADO SPECIFIC RADIOACTIVE MATERIAL LICENSE NO. SUA-673 Amendment 23 ( 5/14/E5)

Authorized interim sludge disposal Amendment 22 tappealed)

Superseded by CERCLA Consent Decree; would l

have required an irrevocable letter of credit for financial assurance l

Amendment 21 (10/ 3/84)

Revised cesium-237 density guage LCs Amendment 20 ( 3/31/64)

Full license revision, requiring cessation of tailings discharge mid-1985, adding dust and other controls due to 25 mrem /y violation, and modifying other LCs slightly Amendment 19 ( 3/22/83)

Perfected Amendment IB based on licensee comments Amendment IB ( 1/31/63)

Resolved licensee appeal of Amendment 17 l

standard LCs and environmental centrols f

Amendment

• 7 ( 9/22/81)

Major upgrade in radiation safety and environmental controls, including solid and liquid waste disposal plans and specifications resulting from 1979-1980 Department orders, and standard LCs Amendment 16 (12/ 1/80)

Imposed 25 mrem /y standard Revisions to 10 CFR 40, including Appendix A' were incorporated into the State of Colorado Rules and Regulations Pertaining to Radiation Control by the Colorado State Board of Health on August 19, 1981, effective October 1, 1981.

Amendment 17 dated September 22, 1981 implemented the new regulationc, incorporating and superseding prior amendments.

i i

C:\\ DOCS \\USP\\KW\\6602LYA.KW 5

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t ee:!a-!. Its, C:l:ta:: Fa:Ita:tive Mate *1:1 License 317-C2 Aren: rett 05, tal 1, Ict - ccrre:te: legal cestriptlen, sade siner ecaterial chaeges, charged werding *lat

• 1: re:la:e *;r ;erty*, agreed the R50's designee say be en call instead cf the F50 ster, n: sajcr re:lanation activities are uncernay, changed the tell senitering

' ;'at an

res:rced long-ters care license cen:1tions.

Arte:re-: 04. J.ly 1, 1591-1r::r:: tate: legal testrirtion cf the property, clarifle: the

• reserved' j

c:n:ltlets tete mattin the lleerse, stardardated general uranice sill site license c:t:1tiens, a::ed re::1 resent fer n:tificatten of any change in pre;erty title, cefited *tter, acted tiergen:y restense re:wirerent, a::e c::: ettati:n cf sate 1als release surseys,5;t:afied re:u1 resent fer st;11ng tc te c:ne ty 11:ensee, a::ed re:;1 resent fcr estisation cf otettattenal ceses and reculre:

sara;erent visual Ins;e:tlens.

e i

tren:re** 0:, May 4, It?E-nar: : acit:ri:e: use.

tre trert C2, It: 1:

It'7-2::e 11:t ser gre:: sed an:

c:rrited refererre: ::::eerts.

i f

ter

ren* 01, 0:

2i,197'- 11:erse aten:e In its entirety.

I 0 151ta: 12:ette, June 9, 1977 r

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Texas Department of Health b

David R. Smith, M.D.

1100 West 49:h Street '

Robert A. MacLean, M.D.

Commissioner Austin, Texas 78756-3189 Deputy Commissioner (512) 45E-7111

<l i

Radiation Control (512) 834-6688 i

September 25,1992 f

i Mr. Vandy Miller, Assistant Director State Agreements Program U. S. Nuclear Regulatory Commission i

Whington, D.C. - 20555 l

ATTN: Dennis Sollenberger Dear Mr. Miller.

In response to your request for a listing of amendment actions that may have involved authonzmg j

an alternative to the standards, please find enclosed listings for the licenses pertaining to uranium -

l milling sites. These listings cover the time period from January of 1983 to the current date.

l Although you requested a listing of those licensing actions that involved authorizing an alternative to the standards, it is the position of the Agency that none of the amendments represent an alterna'.ive to the standards. Therefore, we have provided you with a listings of all the amendments i

for that time period. - A listing of the actions for the in situ leach uranium recovery operations will follow under a separate cover.

j s-

. If we can be of funher assistance, please advise.

Your struly,

/g David K. Lacker, Chief i

Bureau of Radiation Control Enclosures i

(

LO1431, Exxon Corporation - Ray Point project I

C endment Date Subiect

[

l 24 12/2/91 Deletes a monitoring site from the environmental water monitoring program.

23 6/1/89 This amendment results in the following changes to the license:

1. Changes the point of contact in the mailing address.

2.

Changes the person designated as the radiation safety officer.

22 7/29/88 Corrects an error in Amendment-21.

21 7/14/88 Adds Condition 17 to the license which specifies the site markers for the site.

20 6/2/88 Adds additional sampling sites to the environmental water monitoring program.

19 11/4/87 This amendment results in the following changes to the license:

1.

Changes the authorized activity to reclamation of uranium mill tailings basin and vicinity.

2. Adds water level and well depth as parameters in the environmental water monitoring program.

3. Adds letters dated August 14, 1986, June 29, July 13, August 20, August 21,and October 5,

1987 to Condition 15 which specifiy the reclamation plan.

4. Imposes a project surveillance program and project performance standards as additional requirements on the license by way of attachments (2 and 3) to the license.

5. Adds Condition 16 which addresses post-closure surveillance, establishment of a vegetative

cover, and documentation of repairs and mitigative actions.

i

L01431 (continued)

Page 2

'ndment Date Subiect 18 12/10/86 This amendment results in the following changes to the license:

1. Authorizes final reclamation of the tailings basin in accordance with the letters dated May 7,

1984, March 18, April 24, October 22, and November 3,

1986, and documents titled "The Final Reclamation Plan for the Ray Point (Felder) Tailings Basin" and " Response to TDH/NRC Request for Information Relating to Final Reclamation of Plan for the Ray Point /Felder Uranium Operations Tailings Basin".

2.

Imposes construction specification requirements by attachment to the license.

3.

Imposes weekly written progress reports to the Agency.

4. Requires a detailed report of all activities of the reclamation effort including a detailed site description within 90 days following completion of reclamation work.

5. Adds Condition 23 which requires the licensee to provide the Agency with a legal description of the site with a detailed land survey map of the area to be transferred prior to transfer of title of the land to the state.

17 10/7/86 Changes the name of the licensee.

16 9/5/86 This amendment results in the following changes to the license.

t

1. Changes the name and mailing address of the

[

licensee.

2. Corrects the error from Amendment No. 15 to designate the condition pertaining to the f

environmental water monitoring program as Condition 21.

l

[

15 5/16/86 Adds another Condition 20 which specifies an environmental water monitoring program.

14 4/17/86 Adds Condition 20 which grants an exemption-from the personnel monitoring requirement.

10/20/83 Adds Condition 19 which authorizes the transfer of liquid by-product material to an in situ uranium i

recovery licensee for the purpose of recovering l

uranium from the liquid.

i

LO1.4 '41 (continued)

Page 3 ndment no.

Date Subiect 12 8/30/83 This amendment results in the following changes to the license:

1.

Changes the mailing address of the licensee

2. Changes Condition 12 to designate a new person responsible for designating persons responsible for supervising the use of radioactive materials.

11 2/1/83 This amendment results in the following changes to the license:

1.

Changes the name of the licensee

2. Adds Condition 17 which authorizes the installation of an in-impoundment evaporation system.

3. Adds Condition 18 which authorizes a daily inspection of the tailings impoundment Monday through Friday and during weekends only when work is conducted.

The Agency does not consider these amendments to reflect an alternative to the standards of the Texas Reculations for Control of Radiation (TRCR) in effect at the time of issuance of the amendments.

i i

i i

1

L02402, Chevron Resources Company - Panna Maria Project

'ndm'ent Date Subiect i

+

17 11/30/90 Renews the license for operational status.

I 16 9/23/87 This amendment results in the following changes to the license:

1. Authorizes a change in radon monitoring methodology.

2.

Specifies that the preoperational environmental

+

monitoring program in Condition 25 pertains to 4

the railcar unloading facility.

15 4/13/87 This amendment results in the following changes to the license:

1.

Changes Condition 11 to designate new persons responsible for supervising those persons using radioactive materials and requires that those users successfully complete the licensee's radiation safety program.

2. Changes Condition 12 to designate a new radiation safety officer.

l 10/20/86 Changes the authorization for Part A of Conditions 5,

6, 7,

and 8 of the license to increase the activity authorized for the uranium recovery operations.

13 3/10/86 This amendment results in the following changes to the license:

1. Authorizes construction and operation of a railcar unloading facility at a site remote from the mill site.

2. Amends Condition 10 of the license to require compliance with Parts 12, 13, and 43 of the Texas Reculations for Control of Radiation

{

(TRCR).

3. Adds Condition 23 which requires the licensee to obtain all permits and licenses required by l

federal, State and local authorities and provide the Agency with a copy of same.

4. Adds Condition 24 which requires the licensee to obtain any Texas Air Control Board permit or authorization prior to commencing operations and to notify the Agency of any modifications to j

such permit or authorization.

~

LO2402-(continued)

.Page 2

-[

f ndment J,V.

Date Subiect Amendment No. 13 (continued) f f

S. Adds Condition 25'which is a preoperational i

environmental monitoring program.

6. Adds Condition 26 which requires the licensee to i

maintain records on site for inspection by the

{

Agency, and requires that the licensee submit a report semi-annually on releases of

{

radionuclides to unrestricted areas..

.7. Adds Condition 27 which requires that financial.

security be maintained on the railcar unloading facility. and i

8. Adds Condition 28 which requires that.the l

licensee take appropriate measures to suppress blowing dust during hauling and unloading operations.

f 12 6/3/85 Authorizes exemption from the leak test requirement for specific sources of radiation possessed by.the

{

licensee.

j 11 3/13/85 Authorizes the. neutralization of tailings pond j

I water and the use of the neutralized water for dust suppression in a mine area.

l 10 3/8/83 Changes the authorization on existing Condition 19 to specify that the material that the licensee may i

receive for disposal in its mill tailings pond is.

j by-product material as defined by TRCR 43.2(a) (2).

t The Agency does not-consider these amendments to reflect an alternative to the standards of the TRCR in effect at the time of issuance of the.-

amendments.

e 6

i

Conquista Project

LOl634, Conoco, Inc.

ndment DPte Subiect 36 3/5/92 Authorizes the licensee to designate users of a moisture / density gauge, t

35 3/11/91 This amendment results in the following changes to the license:

r 1.

Modifies Condition 31 which pertains to the management of stormwater falling within the area of the impoundment.

2. Removes the authorization for disposal of byproduct material obtained from Conoco's Trevino project.

34 5/9/90 Removes the requirements for a bioassay and respirator inspections.

33 2/14/90 Modifies radon monitoring program.

32 8/18/89 Adds user of moisture / density gauge to license 31 6/5/89 This amendment results in the following changes to the license:

1. Removes authorization for processing into uranium concentrate and replaces it with authorization for possession incidental to reclamation activities.

2. Adds byproduct material to the " Radioactive Material Authorized" section of license.

30 4/20/89 Adds authorization for possession and use of moisture / density gauges to license.

29 2/1/89 Authorizes licensee to dispose of byproduct material, obtained only from Conoco's Conquista and Trevino projects, in the mill tailings pond.

28 8/9/85 Adds Condition 31 which a) authorizes discharge of stormwater run-off from the backfilled areas of the tailings pond, b) specifies the discharge points, I

c) specifies a sampling and analytical program of fluid prior to discharge, and d) specifies a sampling and analytical program for sediment at the discharge points.

27 4/24/85 Modifies the licensee's environmental monitoring i

program and incorporates the program into the l

license document as an attachment.

~ LOl634 (continued)

Page 2 ndment Date Subiect 26 7/22/83 This amendment results in the following changes to the license:

1.

Changes persons authorized to supervise users of radioactive material.

2. Adds the corporate radiation safety officer to the license.

3. Adds a condition which authorizes inspection of the tailings impoundment on a weekly frequency rather than d daily frequency as required by TRCR 43.26 (d) (2).

4. Adds a condition which relieves the licensee of conducting quarterly environmental sampling of the yellowcake dryer, product and scale house stacks when dried yellowcake is not.being produced.

5. Adds letters dated June 7 and 14, 1983, which pertain to the above items, to the " tie-down clause" of the license.

2/4/83 This amendment results in the following changes to the license:

1.

Changes the mailing address of the license.

2. Changes the wording of Condition 25 from authorization "to receive radioactive waste from other uranium processing facilities and by-product material from Rhone-Poulenc, Inc.

for disposal in the licensee's mill tailings pond"' to " authorized to receive by-product material as defined by Texas Reculations for control of Radiation (TRCR) 43.2(a)(2),

including material from Rhone-Poulenc, Inc.,

Freeport, Texas, for disposal in its mill tailings pond."

The Agency does not consider these amendments to reflect an alternative to the standards of the TRCR in effect at the time of-issuance of-the-nmondment.

However, it should be noted that Amendment 26 involves an authorization that may be viewed as deviations from the standard.

Amendment 26 authorizes the licensee to inspect the tailings impoundment at a frequency less (weekly versus daily) than that specified by the TRCR (43. 26 (d) (2) [ citation is currently 43.31(f)].

+

Texas Department of Health I

1 David R. Smith, M.D.

1100 West 49th Street Robert A. Maclan, M.D.

Commissioner Austin. Tens 78756-3189 Deputy Commissioner (512) 458 7111 i

Radiation Control (512) 834-6688

[

November 12,1992 Mr. Wndy Miller, Assistant Director i

State Agreements Program U. S. Nuclear Regulatory Commission Washington, D.C. 20555 ATIN: Dennis Sollenberger Dc. Mr. Miller:

In response to your request for a listing of amendment actions that may have involved authorizing i

an alternative to the standards, please find enclosed listings for the licenses pertaining to uranium in -

l situ mining sites. These listings cover the time period from January of 1983 to the current date.

Although you requested a listing of those licensing actions that involved authorizing an alternative l

to the standards, it is the position of the Agency that none of the amendments represent an i

alternative to the standards. Therefore, we have provided you with a listings of all the amendments for that time, period.

If we can be of further assistance, please advise.

Your truly,

/

flug

1. E David K.12cker, Chief Bureau of Radiation Control Enclosures j

f

-I i

__--_,_-__--___-_____-___A

Y i

LO2238, Intercontinental Energy Corporation - Zanzow and Pawnee projects

'ndment Date Subiect 19 2/1/89 Administratively terminates the license with a corresponding transfer of authorizations and restrictions formerly stated under this license to License No. LO2538.

18 7/28/88 Corrects an error (reference in Condition 23.b to Condition 23.a) in the previous amendment (No. 17) 17 7/18/88 Authorizes disposal of treated fluid byproduct material via an irrigation project at the Pawnee facility.

16 9/25/87 This amendment results in the following changes to r

the license:

1.

Deletes the sealed sources from the license.

2. Deletes the conditions (12 and 13) which pertained to the sealed sources.

[

3. Modifies the air monitoring requirements for the dryer and packaging building.

4. Deletes the authorization to receive fluid byproduct material from Exxon's Ray Point tailings impoundment for processing.

15 12/5/86 Changes the mailing address of the license.

i 14 10/27/86 Changes the RSO for the license.

-i 13 7/21/86 Exempts the licensee from the personnel monitoring requirement.

12 11/9/83 Authorizes a wholly owned subsidiary of the i

licensee to act as the licensee's agent for the operation of the Zanzow project.

i 11 10/24/83 Authorizes the licensee to receive fluid from Exxon's Ray Point tailings impoundment for extraction of uranium.

1 a

j 1

i

)

l

LO2'238 (continued)

Page 2

'ndment Date Subiect 10 9/7/83 This amendment results in the following changes to I

the license:

1.

Specifies an area where solid b>Troduct material may be stored

2. Adds the requirement that liquid byproduct material retention systems be monitored in accordance with TRCR 43.26(d) (2).

9 3/15/83 Authorizes storage of byproduct material on-site and specifies conditions of storage of same.

8 1/27/83 This amendment results in the following cn.-ges to the license:

(

1. Removes the authorization for the x-ray fluorescence analyzer sealed source.

2.

Changes the water well monitoring program.

j The Agency does not consider these amendments to reflect an alternative to i

the standardr of the Texas Reculations for control of Radiation (TECR) in effect at the time of issuance of the amendments.

t i

l

)

LO2538, IEC - Lamprecht, Za=zow and Pawnna projects Amendment Date Subiect a,

9/16/91 Modifies irrigation program and makes certain administrative and editorial changes in the license.

33 4/17/91 Changes the mailing address of the license.

32 1/21/91 This amendment results in the following changes to the license:

1. Changes the RSO.

2. Deletes the requirement to demonstrate compliance with 40 CFR 192 and replaces it with TRCR 43.90(f).

l

3. Makes certain administrative and editorial changes in the license.

31 6/5/80 This amendment results in the following changes to the license:

i

1. Relieves the licensee of certain monitoring requirements and imposes record keeping requirements.

i J

2. Changes the Production Area Authorization number i

for Site 001 (Zamzow).

3. Corrects an error in the previous amendment to e

withdraw the implied authorization to conduct an i

irrigation project at the Zanzow site (No. 001).

30 2/1/89 Combines LO2238 with LO2538.

29 12/21/87 Increases the activity authorized in a mineral logging source.

28 10/19/87 Changes the sealed source model number authorized for use in a mineral logging device and makes related changes in conditions pertaining to restrictions on use of logging device..

i I

i i

)

+

LO2538 (Continund

Page 2 andment Date Egbiect 27 12/30/86 This amendment results in the following-changes to the license:

1. Adds well logging source and related conditions pertaining to use of same.

2. Adds Parts 12, 13 and 43 to Condition 10 of the license, requiring that the licensee comply with those portions of the TRCR.

26 12/5/86 thanges the mailing address of the license.

]

25 10/27/86 This amendment results in the following changes to the license.

1 1.

Adds ruineral logging source to license.

2. Changes the RSO on the license.

24 10/16/86 This amendment results in the following changes to the license:

1. Authorizes radon-222 progeny monitoring in lieu of radon-222 monitoring.

2. Deletes Condition 14 which required semi-annual calibration of survey instruments.

3. Exempts licensee from providing personnel monitoring on a routine basis.

23 21/19/85 Authorizes the licensee to usfin active radon monitoring method as opposed to the prevjously authorized passive system.

22 1/24/85 Reconfigures the production arefat the Zanzow project.

21 1/24/85 Change the expiration date to correct an error.

i I

LO2538 (Continued)

Pago 3 indment Date Subiect 20 9/18/84 This amendment results in the following changes to the license:

1. Change the name and mailing address of company.

2.

Changes the RSO.

3. Changes the persons responsible for designating users and supervisors of users of radioactive material.

4. Changes the persons responsible for performing the annual review of the radiation safety program.

19 9/ 13/84 Adds a condition requiring the maintenance of records for inspection by the Agency.

18 3/70/84 Renews the license to authorize mining, processing, and drying into yellowcake, and storage and transfer of byproduct material.

9/23/83 This amendment results in the following changes to the license:

1. modifies procedures for storage of byproduct material.

2. Requires monitoring of liquid byproduct retention systems in accordance with the provisions of the TRCR.

16 8/25/83 Authorizes suspension of air particulate, vegetation and soil monitoring program whenever the yellowcake drying and packaging operations are shut e

for three months or longer.

15 7/29/83 w.

rects errors in previous amendments to obtain correct amendment number sequence.

14 7/23/83 Changes the RSO and supervisors or users

,4 radioactive materials.

13 3/15/83 Specifies conditions for storage of solid byproduct i

material.

.e Agency does not consider these ame>>cuents to reflect an alternative to the standards of the Texas Reculations for Control of Radiation (TRCR) in offect at the time of issuance of the amendments.

t LD2169, Solution Engineering, Inc.

'ndment Date Subiect 8/24/84 License is annuled

?

?

1 The Agency does not consider the annulment to reflect an alternative to the standards of the Texas Reculations for Control of Radiation (TRCR) in cffect at the time of the annulment.

t E

)

5 l

)

e b

i i

t LO2922, Caithness Mining Corporation - McBryde Joint Venture

'ndment Date Subiect 9

7/14/89 License terminated.

B 6/23/88 The deep disposal well is removed from the licensed area and the licensee is exempted from personnel monitoring.

7 11/4/87 The final reclamation plan is incorporated into the i

license document.

6 3/10/87 The license is renewed.

5 7/8/86 The amendment results in the following changes:

1.

Condition 14 which requires monitoring of water wells within the permit area is further refined to better delineate the area involved, specify the parameters and frequency of monitoring.

2. The licensee is authorized to surface discharge treated effluents in accordance with Texas Water Commission and NPDES permits.

3. The licensee is authorized to suspend certain monitoring programs.

4 4/9/86 Changes the concentration levels specified in Condition 34 for radionuclides in the irrigation waters.

3 7/26/85 Adds Condition 34 which authorizes an irrigation project to discharge and dispose of treated restoration waters and specifies concentration limits and a

monitoring program for same.

2 1/19/84 Adds Condition 33 to specify radon monitoring methodology.

The Agency does not consider these amendments to reflect an alternative to the standards of the Texas Reaulations_for Control of Radiation (TRCR) in effect at the time of issuance of the emendments.

I 4

i I

t I

LO2923, Conoco, Inc. - Trevino project

-~

'ndment Date Subiect 11 12/6/89 License is terminated.

10 9/2/88 Designates a new radiation safety officer.

l 9

4/6/88 Designates a new radiation safety officer.

8 8/4/87 This amendment results in the following changes to the license

1. Modifies the operational radiological-environmental monitoring program.

2.

references updated training procedures.

}

7 10/20/86 This amendment results in the following changes to the license:

1. Deletes the requirement for alpha' surveys in-eating, shower and change, and administrative areas.

2. Clarifies the requirements for surveys to determine radon concentrations.

3/18/86 License is renewed for restoration and reclamation activities.

5 3/13/85 This amendment results in the following changes to the license:

1.

Changes the calibration interval for the survey instruments.

2. Adds condition 36 which authorizou a change in the licensee's organization and procedures.

3. Adds Condition 37 which specifies procedures and i

methods for conducting training and operations.

4. Adds Condition 38 which specifies an operational environmental monitoring program.

4 7/22/83 Mailing address for the license is changed and a corporate radiation safety officer is designated on the license.

t i

e a Agency does not consider these amendments to reflect an alternative to the standards of the Texas Recrulations for Control of Radiation -(TRCR) in l

effect at the time of issuance of the amendments.

LO2485, Mobil Alternative Energy, Inc. - Piedro Lumbro-Brolum project

'ndment Date Subiect 16 9/26/85 License is terminated at the request of the licensee.

15 1/14/85 deletes air monitoring conditions (25 and 27) from license.

14 9/22/83 Specifies the areas at the facility where by-product material may be stored.

13 8/23/83 Changes the point of contact in the mailing address of the license.

12 7/22/83 Adds Condition 27 which specifies the methodology used to measure radon.

11 6/17/83 Changes the mailing address of the license.

10 3/15/83 Clarifies wording of Condition 24.

9 3/2/83 Changes the radiation safety officer on the license.

l Agency does not consider these amendments to reflect an alternative to l

a standards of the Texas Reculations for Control of Radiation (TRCR) in effect at the time of issuance of the amendments.

LO2537, Westinghouse Electric Corporation - Bruni Mine Site ndment tw o.

Date Sub-l ect 26 12/12/91 Extends the length of time for the pilot study of the soil washing procedure until December 31, 1992.

25 1/25/91 This amendment results in the following changes to the license:

1. Deletes the requirement to demonstrate compliance with 40 CFR 192.

With the inclusion of the secondary groundwater protection standards into the TRCR, the TRCr is considered to contain all of the pertinent elements required by 40 CFR 192 not heretofore included l

in the TRCR.

2. Authorizes storage of liquid byproduct material in settling tanks instead of the evaporation / storage ponds previously at the site.

3. Removes the inspection requirements for the evaporation / storage ponds and replaces it with inspection requirements for the settling tanks.

4.

Removes the requirement to sample and analyze the fluid in the evaporation / storage ponds and replaces it with a requirement to sample and analyze the fluid in the settling tanks.

5. Removes the authorization to receive liquid byproduct material from other persons on an emergency basis for disposal in the licensee's Texas Water Commission-permitted deep disposal' well.

6. Deletes the reference to areas where solid byproduct material may be stored and replaces with a reference to newly designated arees.

I 7.

Extends the length of time for the conduct of the soil washing pilot project to December 31, 1991. and

8. Adds letters dated December 14, and 19, 1990 to i

the " tie-down clause".

Those letters specify

{

f acility fectures, identify sampling locations, and provides a new personnel organizational i

chart.

t

LO2537 (continued)

Page 2 ndment Date Subiect 24 2/8/90 Authorizes leaching of uranium and radium'from soils and concentration into byproduct material in conjunction with the conduct of a pilot test for washing soil to remove uranium and radium contaminants to achieve soil release limits..The amendment adds letters dated July 12, September 12, November 2, and November 21, 1989 to the " tie-down clause" to specify the procedures to be followed in the pilot project.

23 1/2/90 Renews the license to authorize recovery of uranium incidental to decommissioning, restoration, decontamination, and reclamation of the site, storage of solid byproduct material prior to transfer to a disposal facility, and disposal of fluid byproduct material via injection in to a deep disposal well permitted by the Texas Water Commission.

22 9/26/89 Changes the licensee's reclamation plan by permitting burial of concrete on site provided the radium-226 concentration in the concrete does not exceed 5 picocuries per gram above the background level, as determined by core sampling.

21 2/1/89 Specifies the procedures to be used by the licensee to determine compliance with the Agency's soil release limits.

20 3/9/88 Incorporates licensee's facility decommissioning plan into license by reference of letters dated November 20, 1987, and January 29, 1988, and places additional requirements on licensee pertaining to conduct of close-out surveys and reporting on closure activities.

4

i LO2537 (continued)-

Paga 3

?

ndment Date Subiert j

i 19 11/19/84 This amendment results in the following changes to the license:

I

1. Adds additional person as a supervisor of I

persons suing radioactive materials.

2. Places restrictions on the licensee pertaining to the concentrations of materials released to i

the environment.

3. Authorizes the licensee to receive liquid byproduct material from other persons on an emergency basis for disposal via the licensee's deep disposal well.

4.

Imposes reporting requirement on the licensee with respect to fluids disposed via the deep disposal well and liquids in Pond No.

6.

5. Adds letters dated April 3,

July 31, and September 24, 1984, which pertain to the following:

a) updated organizational chart, b) personnel qualifications, c) bioassay notification procedures, and d) revision of sampling schedule.

6.

Includes additional requirements pertaining to the licensee's bioassay program. and 7

List additional items that should be included in the licensee's annual program review.

IB 5/1/84 Adds a new condition requiring an annual review of the radiation safety program and adds a letter to the " tie-down clause" which pertains to the person who will perform the annual review.

17 1/26/84 Changes the name of the licensee and specifies both radiation safety officer and corporate radiation safety officer.

16 9/23/83 Changes the condition which specifies the storage criteria for byproduct material at the facility,and adds the letter dated September 9, 1983, to the

" tie-down clause" which contains the licensee's byproduct material storage monitoring plan for the facility.

LO2527 (continued)

Page 4

'ndment pate Subiect l

15 7/22/83 Changes the person designated as the supervisor of persons using radioactive material:and designates new radiation safety and corporate radiation safety officers.

14 3/15/83 Adds a condition which specifies the storage criteria for solid byproduct material.

The Agency does not consider any of these amendments to reflect an alternative to the standards of the TRCR in effect at the time the amendment became effective.

i u

b f

a r

D

l Evere

• v ploration, Inc. - Hobson facility

LO2663, x

ndment Date Subiect 15 12/15/88 Administrative 1y terminates the license with a corresponding transfer of authorizations and restrictions formerly stated under this license to License No. LO3626.

l 14 11/4/88 Specifies the criteria for construction of byproduct material storage pads.

i 13 7/28/88 letter 6/13/88 12 8/9/85 Changes the name of the licensee.

11 7/23/85 This amendment results in the following changes to i

the license:

1. Authorizes well logging on the license and adds conditions pertaining to logging activities.

2. Changes the calibration frequency for survey instruments.

10 12/20/83 Changes the radon monitoring methodology.

10/24/83 Designates a radiation sufety officer for the license.

8 8/23/83 Changes the areas where byproduct material may be stored.

7 7/22/83 Changes a survey frequency.

6 5/23/83 This amendment results in the following changes to the license:

. Increases the amount of uranium authorized, authorizes drying of yellowcake slurry, packaging and transfer of product.

2. Adds fixed gauge device to license.

3. Adds Part 43 of the TRCR to the license.

4. Adds conditions pertaining to the use of the fixed gauge.

5. Adds conditions pertaining to radiation safety matters involving uranium recovery activities (e.g.,

surveys, air monitoring, respiratory protection, etc.).

I I

• ' LO2663-(continued)

Page 2 3/15/83 This amendment results in the following changes to th? license:

1.

Changes Condition 16, by deleting portion that i

authorizes disposal of solid waste by transfer to disposal companies.

2. Changes Condition 18 by adding specifications for storage of solid byproduct material.

The Agency does not consider these amendments to reflect an alternative to the standards of the Texas Reculations for Control of Radiation (TRCR) in effect at the time of issuance of the amendments.

P 4

P P

P k

LO2929, Everest Exploration, Inc. - Las Palmas Project l

'ndment Date Subiect 7

12/15/88 Administratively terminates the license with a corresponding transfer of authorizations and restrictions formerly stated under this license to License No. LO3626.

6 7/27/88 Changes the exchange frequency of the raden monitors.

5 8/9/85 Changes the name of the licensee.

l 4

12/20/83 Specifies radon monitoring methodology.

3 10/24/83 Designates a new radiation safety officer.

2 8/23/83 Adds Condition 33 which specifies the areas for storage of byproduct material.

The Agency does not consider these amendments to reflect an alternative to the standards of the Texas Reculations for Control of Radiation (TRCR) in effect at the time of issuance of the amendments.

LO3068, Everest Exploration, Inc. - Mt. Lucas Project ndment Date Subiect 14 12/15/88 Administratively terminates the license with a corresponding transfer of authorizations and restrictions formerly stated under this license to License No. LO3626.

13 11/4/88 Specifies solid byproduct material storage area locations and construction specifications.

12 7/27/88 Changes the frequency of exchange of the radon monitors.

11 3/9/88 Provides specifications for holding ponds.

10 1/5/S8 This amendment results in the following changes to the license:

1. Deletes Condition 14 which required the sampling of water wells within 2 miles of the mine site.

2. Deletes Condition 16.b.2 which required yearly removal of sludge from the treatment ponds.

1/7/87 Adds additional wellfield to the license.

8 12/10/86 Authorizes the construction of a satellite at the West Mt. Lucas site in accordance with specified criteria.

7 3/20/86 Condition 16 is change by deleting the construction specifications for the treatment ponds pertaining to compaction of the clay liner on the embankments.

LD3068'(continued)'

+

Pago 2 ndment Date Subiect I

6 3/4/86 This amendment results in the following changes to the license:

r

1. Adds a satellite and new wellfields to the i

license.

2. Changes Condition 10 by adding Parts 12, 13, and 43 of the Texas Reculations for control of-l Radiation (TRCR).

3. Changes on Condition 19 to expand on the limitations on discharge of radionuclides to the environment.

4. Changes condition 32 by a) adding an environmental monitoring program to the license as an attachment, b) requiring the submission of a

report of radionuclides released to unrestricted areas, and c) specifies the frequency of the report.

5. Adds Condition 42 which requires that all records be maintained on site for inspection by the Agency.

6. Adds Condition 43 which requires the notification of the Agency prior to commencement of construction at the satellite'.

F i

f

LO3068 (continued)

Paga 3 ndment i

Date Subiect 5

12/18/85 This amendment results in the following changes to the license:

1.

Changes Condition 16 by a) imposing construction specifications for treatment ponds, b) imposing a sampling and analysis requirement for the treatment ponds underdrain leak detection system, c) specifying a sludge removal frequency for the treatment ponds, d) imposes ALARA in addition to the specific concentrations limits for the irrigation fluids, e) specifies a treatment methodology to reduce the radium concentration in the fluid prior to irrigation, f) imposes a concentration action level for radium and any other radionuclide in the soil of the irrigation area and specifies the actions to be taken, and g) restricts the use of vegetation grown within the confines of the irrigation area to either being returned to the soil or disposed of as byproduct material.

2.

Changes Condition 39 by a) requiring disposal of the soil as byproduct material if concentration limits for radionuclides other than radium are exceeded, and b) specifies a distance limit for vertical mixing and prohibits lateral or horizontal mixing of soils.

3. Adds Condition 41 which requires the submission of a detailed ba s e13wle study of specific radionuclide concentrations in the soil of a new irrigation area prior to commencement of irrigation.

r

1 LO3068 (continued)

Pcg3 4 ndment l -

Date Subiect 4

10/3/85 This amendment results in the following changes to the license:

1.

Changes the came of the licensee.

l

2. Changes Condition 16 to a) authorize disposal of liquid waste via an irrigation process, b) identifies the irrigation area. c) specifies the concentration limits for radaonuclides in the irrigation fluid, d) specifies a monitoring program for the irrigation project, e) sp. ifies reporting requirements to the Agency a-.I the landowner of particulars regarding the irrigation project,and f) imposes an action level for decontamination of drummed solid byproduct material.

3. Adds Condition 39 which requires that soil meet the 5/15 picocurie per gram contamination limit before release to unrestricted use or disposal of the soil as byproduct material if the limits are exceeded.

4. Adds Condition 40 which requires that financial security be maintained until release of the facility for unrestricted use.

L 3

12/28/83 Authorizes a different method for monitoring radon.

2 10/24/83 Designates a new radiation safety officer and person responsible for designating persons responsible for supervising the use of radioactive materials.

l The Agency does not consider these amendments to reflect an alternative to the standards of the Texas Reculations for Control of Radiation- (TRCR) in effect at the time of issuance of the amendments.

5

~

t 103626, Everent Exploration, Inc, ndment Date Subiect 10 7/28/92 Changes the radiation safety officer on the

+

license.

9 6/10/92 This amendment results in the following changes to-the license:

1.

Changes the site authorizes for maintenance of records.

2. Suspends effluent reporting requirements, except when active leaching for uranium recovery or drying of yellowcake are in effect.

8 3/3/90 This amendment results in the following changes to the licenr,e:

1.

Prohibits irrigation on the original irrigation tract (22.5 acres) at the Mt. Lucas project with anything except fresh water.

2. Limits the radium concentration in irrigation fluids to no more than the concentration permitted in fluids released to unrestricted areas as specified in the TRCR.

7 4/20/89 Corrects an error in Amendment No.

6.

6 12/15/88 Combines LO3626, LO2663, LO2929, and LO3068 into one license (LO3626).

Authorizations and restrictions are neither increased or diminished for the individual sites formerly represented by separate license numbers by this action.

5 11/4/88 This amendment results in the following changes to the license:

1

1. Authoriz e s disposal of well cuttings contaminated with radium and uranium by placement into a mud pit, provided the concentration does not exceed that specified in the Texas Reculations for Control of Radiation (TRCR).

2. Specifies criteria for construction of storage pads.

i i

LO3626 (continued)

Page 2 ndment Date Subiect 4

9/12/88 This amendment results in the following changes to the license:

1.

Increases the annual throughput.

2. Adds a new wellfield and satellite to the license.

3. Adds uranium concentration as a soil clean-up action level.

4. Authorizes irrigation with treated restoration fluids at the newly added satellite area.

3 9/9/88 Changes made to conditions to change monitoring frequencies.

2 6/23/88 This amendment results in the following changes to the license:

1. Specifies a radiation safety officer on the license.

2.

Incorporates new references identifying the Tex-1 site.

3. Authorizes a pipeline for transfer of liquid byproduct material between the Tex-1 and the Hobson facilities

4. Adds a uranium concentration to the soil clean-up action level.

5.

Specifies respirator criteria.

6. Specifies items to be covered in the annual radiation safety program review.

7. Adds requirements pertaining to training of personnel.

B. Requires removal and disposal as byproduct material of soils contaminated in excess of TRCR levels.

l t

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LO3b26 (continued)

Page 3 ndment Date _

gnbiect 1

6/14/88 This amendment results in the following changes to the license:

1. Adds the McBryde deep disposal well to the license.

2. Modifies the condition pertaining to financial security to require that financial security be

?

maintained until the site closure is approved and the site is released by the Agency.

l N/A 1/17/86 License is issued authorizing in situ mining, concentration into yellowcake slurry, transfer to authorized recipients, and storage of byproduct material The Agency does not consider these amendments to reflect an alternative to

+

the standards of the Texas Reaulations for Control of Radiation (TRCR) in effect at the time of issuance of the amendments.

LO2436, Malopai Resources Company - Holiday, El Mosquite, and O'Hern projects S

ndment bo.

Date EuH ect 25 2/21/92 Adds letters dated December 17, 1991, and January 30, 1992, to the " tie-down clause".

These letters involve modifications to process circuitry and facility.

24 11/30/90 Designates a new radiation safety officer for the license.

23 11/17/89 Designates an assistant radiation safety officer.

22 1/13/89 Adds the letter dated December 20, 1988, to the

" tie-down" clause advising Agency of a change in mailing address.

21 9/28/88 Adds letters dated May 6, July 27, August 29, and September 22, 1988, to the " tie-down clause".

These letters involve procedural and plant process changes.

20 9/11/87 Transfers the license from Mobil Oil Corporation to Malapai Resources Company.

3/31/86 Designates a new person as the radiation safety officer.

IB 9/21/83 Specifies designated areas on-site where byproduct material may be stored; specifies that stored byproduct material shall be monitored in accordance with only Agency-approved procedures; specifies that byproduct material may be disposed of by transfer to licensed uranium mill tailings disposal site or by transfer to other authorized recipients; specifies that liquid byproduct material be monitored in accordance with the provisions of the TRCR; and adds the letter dated August 31, 1983, which describes the areas at the facility where byproduct material will be stored, to the " tie-down clause".

l 17 8/23/83 Changes the mailing address of the license.

16 7/22/83 Changes the procedure used to measure radon.

15 6/17/83 Changes the mailing address of the license.

j

\\

l

• LO 4 3 6 (continued)

Page 2 t

.ndment No.

Date Subiect I

14 5/6/83 Adds the requirement to comply with Part 43 of the TRCR (portion of the Texas rules comparable to 10 CFR 40 Appendix A); designates a new person as the radiation safety officer; and specifies a limit (

in terms of weight and volume) for uranium product that may be stored at the facility and specifies i

the locations of storage.

13 3/15/83 Specifies the conditions of storage (both type of containers to be used and length of time of storage) of solid byproduct material at the facility; provides specifications for solid byproduct material storage locations; specifies inspection and monitoring intervals for stored solid byproduct material; and authorizes the transfer of in situ processed materials containing uranium to a conventional uranium mill for purposes of reprocessing for its uranium content.

3/2/83 Designates a new person as the radiation safety officer.

The Agency does not consider these amendments to reflect an alternative to the standards of the TRCR in effect at the time of issuance of the amendment.

LO2449 USX Corporation Texas Uranium Operations i

Date Subiect 27 9/25/92 Changes alpha contamination limit for respirators.

26 5/18/92 This amendment results in the following changes to the license:

1. Modifies conditions for storage of byproduct' material

2. Imposes specifications for areas used to decontaminate materials.

25 2/4/92 This amendment results in the following changes to the license:

1. Authorizes the use of an automatic spill control system in lieu of performing daily visual inspections.

2

2. Various revisions to the license to update and clarify conditions.

24 3/11/91 Modifies the licensee's stream sampling program.

11/23/90 Removes the authorizations for surface discharge i

and irrigation.

22 9/18/90 This amendment results in the following changes to the license:

i

1. Removes the authorization for active leaching and uranium production.

T

2. Changes the bioassay frequency.

3. Changes the condition pertaining to TLD locations.

4. Changes the condition pertaining to alpha monitoring of employees.

5. Removes a sealed source from the license.

6. modifies a condition pertaining to the use of TLDs by employees.

7. Removes authorization for mixing of soils in the wellfields.

h

LO2449 (continued)

Page 2 Amendment Date Subiect 21 9/26/89 This amendment results in the following changes to the license:

1. Modifies the licensee's environmental monitoring program.

2. Removes W.

R.

Underdown from license as an assistant radiation safety officer.

3. Combines all previous amendments into a single document.

20 6/24/87 This amendment results in the following changes to the license:

1. Changes the RSO and radiation supervision personnel.

2. Specifies the calibration interval for survey

]

instruments.

19 7/24/86 Changes the name of the licensee.

14 6/10/86 Changes the RSO and radiation supervision personnel.

17 3/10/86 This amendment results in the following changes to the license:

1. Authorizes disposal of liquid byproduct material via an irrigation project.

2. Specifies the conditions for release of soils to unrestricted use, and the management of soils not releasable to unrestricted use.

3. Requires licensee to conduct a baseline study of an area prior to commencing irrigation.

4. Requires the maintenance of financial security until facility is released to unrestricted use.

16 11/1/85 Changes the RSOs.

15 7/8/85 This amendment results in the following changes.to 1

the license:

j

1. Modifies the condition pertaining to disposal of liquid waste via deep disposal wells and surface discharge to specify the components of a monitoring program.

2. Modifies the condition pertaining to the respiratory protection program.

)

I i

LO2k49 (continued)

Page 3 Amendment Date Subiect 24 5/29/85 Adds additional areas to condition specifying areas and conditions for storage of drums of byproduct material.

13 9/26/89 This amendment results in the following changes to the license:

1. Adds additional areas to condition specifying areas and conditions for storage of drums of byproduct material.

2. Modifies the condition pertaining to the exchange frequency of TLDs.

12 1/17/84 This amendment results in the following changes to the license:

1. Changes the RSO and radiation supervision personnel.

2. Modifies the condition pertaining to the storage of solid byproduct material.

3. Adds a condition specifying the exchange frequency of TLDs.

4. Adds a condition which specifies the licensee's environmental monitoring program.

5. Adds a condition which specifies the licensee's personnel monitoring program.

6.

Adds a condition which sets out an exception to the licensee's environmental monitoring program.

7. Adds a condition which specifies the frequency of alpha surveys of employees.

8. Adds a condition specifying the frequency of reports pertaining to effluent releases.

9. Adds a condition which specifies the licensee's respiratory program.

11 9/21/83 This amendment results in the following changes-to the license:

1. Specifies areas where byproduct material may be stored.

(

2. Adds the requirement that liquid byproduct retention systems be monitored in accordance with TRCR 43.26 (d) (2).

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'PCg3 4 Amendment Date Subiect I

f; 20' 7/29/83 Authorizes disposal of liquid byproduct material by f

surface discharge.

9 3/14/83 Adds a condition which specifies the exchange frequency of TLDs.

8 3/15/83 Adds a condition which specifies the manner and time period for storage of byproduct material, and specifies the manner of disposal of solid byproduct material.

7 1/27/83 Modifies the licensee's water well monitoring program.

1 The Agency does not consider these amendments to reflect an alternative to the standards of the TRCR in effect at the time of issuance of the cuendments.

l 1

MS

t LO2704, URI, INC.

E

.ndment no.

Date Subiect i

16 7/18/90 License is renewed for deconnissioning, restoration, decontamination, and reclamation activities and disposal of fluid byproduct material by surface discharge.

15 10/24/89 This amendment results in the following changes to the license:

1.

Changes the instrument calibration interval.

2.

Changes the exchange frequency for the Track-etch cups.

3. Adds Part C to conditions 5,

6, 7,

and 8 authorizing storage of solid byproduct material.

14 1/29/88 Changes the nailing address for the license.

13 6/3/85 Corrects errors in Amendment No. 12.

12 3/22/85 This amendment results in the following changes to the license:

1. Adds a condition specifying the TLD exchange frequency.

2. Adds a condition specifying TLD nonitoring locations.

3. Adds a condition requiring the licensee to sample surface water and sediments at discharge points.

11 12/5/84 Modifies the condition authorizing the licensee to distribt.te produced petroleum products.

10 9/1/83 Authorizes surface discharge of wastewater.

(

l

LC2704 (continund) pngo 2 s

Tndment l

Date Subiect 9

7/29/83 This amendment results in the following changes to l

the license:

1. Adds a condition specifying the calibration interval for survey instruments.

2. Adds a condition requiring the licensee to wash down and decontaminate the slurry tank and tank trailer whenever the yellowcake press is dumped.

3. Adds a condition which modifies the licensee's water well sampling program.

8 7/20/83 Adds condition modifying the frequency of the licensee's requirement to perform an inspection of the leak detectivn system of a pond.

1 The Agency does not consider these amendments to reflect an alternative to l

the standards of the TRCR in effect at the time of issuance of the j

atnendments.

l

07259:.

IN G)

TDH PADIATIOl CO nPCL'AUST]u T:.

LO_

LO3053, URI, INC. - Kingsville Dome and Rosita Projects l

Amendment No.

Date Subject i

28 2/24/93 Authorizes the licensee to allow material prohibited from being placed in a waste storage i

E pond to remain in the pond until the authorized i

material in the pond is removed.

17 2/16/93 Changes the mailing address on the license.

I i

16 9/25/92 Increases the number of neutron generator tubes, authorized for use in the downhole accelerators (initia1ly authordzed in amendment No. 9), to B.

I I

15 B/3/92 Adda americium-242 and cesium-137 Well logging l

cources to license and authorizes use for mineral l

logging.

l 24 6/27/92 Modifies the sampling requirement for the septic f

system at the Kingsville Dome Project.

i 13-12/2/92 Adds new radiation safety officer to the license.

i 22 B/2/92 Licunne is amended to reflect change in wellfield l

dcaignations by the Texas Water Commission.

11 1/24/92 Unilateral amendment by Agency to update financial security conditions and add as-built specifications for waste storage pond at Rosita })roject.

j l

10-11/23/90 Authorizes five additional downhole accelerators as previously authorized in Amendment No.

9.

}

9 9/10/90 Authorizes the possession and use of tritium for-l the production of neutrons in neutron generator l

tubec in downhole accelerators for mineral logging.

i 8

O/2/90 Corrects erroneous information submitted by'the licensee for Amendment No. 7 to correctly identify j

the pond at the Rosita project to be used for the storage of byproduct material received from other j

URI projects.

7 6/14/90 Authorizes storage of byproduct materia] received i

from other URI projects in a pond'at the Rosita project.

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r LO3653 (continued) i Page 2 i

G 5/27/90 This amendment results in the following changes to f

the license:

1.

Consolidateu Licenso No. LO3987 (Rosita Project) with LO3653 (Kingsville Dome Project).

l 2.

Specifies licensees procedures for determining rndon progeny and working levels.

3. Removes the authoiization for the mineral logging activity.

4.

Modifications t.o a number of monitoring, record 1

keeping, and reporting requirement, conditions were made to achieve unif ormity in the requirements for both projects and c3arify the intent of the conditions.

i 5

12/24/89 This amendment results in the following changes to the license:

3 1.

Changes the calibration frequency of the. survey instruments.

i

2. Changes the type of radon monitoring device used.

t 4

10/25/69 Adds additional wellfields thereby increasing the f

licensed area of the Kingsville Dome Project..

?

3 11/4/88 This amendment results in the following changes to l

the license:

i i

1.

Authorizes the use of a dryer at the Kingsville l

Dome Project and adds conditions pertaining to the operation and monitoring of the dryer, j

2.

Adds respiratory fitting procedures to license.

3. Requires the licensee to notify the Agency in t

writing of proposed modifications of Twc permits.

4. Adds a condition specifying the contamination control program to be used by the licensee.

3 2

1/29/88 Changes the name and mailing address of e

3$conse.

.i 1

12/27/88 Adds mineral logging source and device to license.

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+.

LO3653 (continued)

Page 3 I

NA 10/16/06 3.icenso is issued for the Kingsville Dome Project to authorize the possession of uranium for the i

following uses:

in situ mining, processing and drying into f

yellowcake, and transfer to authorized recipients; and the possession of byproduct material (second definition of byproduct under the Texas Reuulations 1_QT_,C_QIl R o3 of HDdiation (THCR) for the following uses:

storage prior to transfer to a licensed uranium f

nill tailings disposal site or other authorized byproduct material disposal site byproduct.

l voterial, and disposal by injection into a Texas Kater Comminr, ion-permitted waste disposal we33.

The Agency does not coracides t.h e issuance of the license or the subsequent amendments to that 3 3 cean.c to reflect an alternative to the standards of the TRCR in effect at the time or iccuance of the amendments.

i t

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1

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LO3907 URI, INC.

Amendment Date Subiect 5/27/90 Administratively terminated with all authorizations, restrictions, and requirements of this license conveyed to License No.

LO3653.

l 3

11/10/89 Changes the exchange frequency of the radon measurement devices.

2 1/29/88 Changes the name and nailing address of the licenser 1

12/14/87 Adds sealed source to license.

l I

NA 10/1/87 License is issued authorizing in situ mining, processing and drying into yellowcake, storage of byproduct material, and disposal of byproduct material by injection into disposal wells.

The Agency does not consider these amendments to reflect an alternative to the standards of the TRCR in effect at the time of issuance of the amendments.

i i

a I

LO3024, Total Minnrals Corporation - Wact Cole Project j

• ndment Date Subiect i

11 9/11/91 The amendment results in the following changes to the lices.se:

1. Authorizes a new wellfield and satellite.

2. Revises existing license conditions for purposes of clarification or consistency with current license conditions.

l 10 6/22/90 This amendment results in the following changes to the license:

1.

Changes the radon monitoring method.

2. Changes the action level for yellowcake concentrations in the air.

9 3/6/87 Changes the name of the licensee.

8 11/7/86 Renews the license for production activities consistent with previous activities and expands the I

wellfield area.

6/5/84 Authorizes a suspension of production activities 6

9/28/83 Redefines the wellfield No.

1.

)

i 5

1/27/83 Changes the mailing address on the license.

The Agency does not consider these amendments to reflect an alternative to the standards of the Texas Reculations for Control of Radiation (TRCR) in effect at the time of issuance of the amendments.

i J

't

o w,

5T ATE OF W 6HNCTON DEPARTMENT OF HEALTH

. mai! swo n.n. oima namaw, wu m.e.a cew sm 3 July 23,1992 Dennis Sollenberger Office of State Programs 3D23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Sollenberger:

This letter is in response to our recent telephone conversation, in which you requested additional information on the uranium mill licensing actions taken by the department since 1983. We have divided our response into three sections: Dawn Mining Company, Western Nuclear, Inc. (Sherwood Project), and Joy Mining Company, and each section is listed in reverse chronological order.

Dawn Mining Companv. License Number WN.IN3-2:

Amendment #12, May 15,1992 - named Robert E. Nelson as the Radiation Safety Officer.

Amendment #11, February 3,1992 - minor modifications of the ground water remediation program and environmental monitoring program.

Amendment #10, December 3,1990 - ordered DMC to begin ground water remediation.

Amendment #9, May 1,1985 - changed the requirement for calibration of survey instruments from every six months to once a year.

Amendment #8, January 18,1985 - authorized DMC to test a reverse osmosis project (the test was never started).

Amendment #7, October 22,1984 - revised the radiological monitoring program, by adding sample stations in the seepage area near Chamokane Creek.

Amendment #6 - this number was skipped by error.

Amendment #5, December 20,1982 - revised DMC's emironmental monitoring program during the interim shutdown period.

Amendment #4, January 12,1981 - authorization to construct the below-grade impoundment known as TDA-4.

Amendment #3, December 31, 1980 - establishment of an emironmental monitoring program, in accordance with NRC Regulatory Guide 4.14.

-40 >

-o Dennis Sollenberger Page Two P

Amendment #2, March 10,1983 (apparently #'s 2 and 3 were incorrectly numbered) -

established a urine bioassay program in accordance with NRC's Staff Technical Position Paper, Bioassay at Uranium Mills, dated June 1978.

Amendment #1, July 31,1974 - renewal of the operating license.

i Originallicense, August 15,1969 - formerly AEC license R-187.

Western Nuclear. Inc.. Sherwood Proiect. License Number WN-10133-1:

j Amendment #13, July 23,1992 - authorized WNI to begin dismantling and disposal of all f

un-salvageable mill buildings and components into burial cells within the tailings impoundment.

Amendment #12, April 29,1992 - deleted all license conditions regarding WNI's Ohmart fixed gauges. The gauges were removed by Ohmart personnel in early 1992.

i Amendment #11, January 24,1990 - minor modification to the environmeatal monitoring l

program.

1 Amendment #10, October 31,1988 - renewed the license, for storage (shutdown mode) only.

Amendment #9, September 16, 1985 - modified the emironmental monitoring program because of mill shutdown.

I Amendment #8, October 22,1984 - added license conditions regarding freeboard of the i

tailings impoundment, added a respiratory protection program in accordance with NRC l

Regulatory Guide 8.15, and added a survey program in accordance with NRC Regulatory Guide 8.30.

Amendment #7, November 16, 1983 - amended the license to conform with NRC i

Regulatory Guide 3.11.

r Amendment # 6, January 1983 - revised the annual environmental monitoring report (aerial photograph, land use survey, and data trends).

Amendment #5, December 31, 1980 - established a radiological monitoring plan in accordance with NRC Regulatory Guide 4.14.

P Amendment #4, March 10,1980 - modified the pH range of tailings liquid.

i d

Dennis Sollenberger Page Three i

Amendment #3, July 30,1979 - authorized the change in location of two environmental monitoring stations, and changed the names of two other stations.

i Amendment #2, March 15,1979 - established a urine bioassay program in accordance with the NRC's Staff Technical Position Paper," Bioassay at Uranium Mills."

Amendment #1, August 22,1978 - made corrections to the original license.

Original License, April 28,1978 - operating license.

Joy Mining Companv. License Number WN-10220-1:

Amendment #3, October 4,1984 - suspended operations at the facility. In this case, the licensee filed for bankruptcy and abandoned the facility. It was the department's intent to disallow funher operations, but to still have an active license with a responsible party (the licensee).

Amendment #2, April 5,1984 - amended the emironmental monitoring program, adding additional stations and making it appropriate for this unique operation.

Amendment # 1, November 18,1983 - allowed processing of ore and returning the processed bog material (ore) back to the bog.

Original License, April 23,1983 - for construction only.

Although the original FEIS and the radioactive materials license clearly indicated that the processed bog material would be returned to the bog, there is now some question as to whether or not this was acceptable to the NRC. The Joy license is the only case in which the Washington State has approved alternative standards.

If you have any questions, please feel free to contact me at (206) 753-3459.

Sincerely, J~l,

Gary Robertson, Head Waste Management Section GR:krf

!