ML20045A233
| ML20045A233 | |
| Person / Time | |
|---|---|
| Issue date: | 05/25/1993 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Guerry W COLLIER, SHANNON, RILL & SCOTT |
| References | |
| REF-WM-1 NUDOCS 9306090555 | |
| Download: ML20045A233 (4) | |
Text
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4 UNITED STATES
[M.j NUCLEAR REGULATORY COMMISSION
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WASHINGTON. D.C. 205600001 s.... J May 25, 1993 Mr. William Guerry, Jr.
Collier, Shannon, Rill, and Scott Attorneys-at-Law 3050 K Street, N.W.
Suite 400 Washington, CC 20007
Dear Mr. Guerry:
I am responding to your letter of April 27, 1993, in which you requested that the Nuclear Regulatory Commission issue a determination that:
(1) the general background level for cesium-137 typically ranges as high as 2.5 picocuries per gram (pCi/g) of soil, material, or dust; and (2) NRC will not classify or regulate, as a " mixed waste," emission control dust, from primary production of steel in electric furnaces (Electric Arc Furnace (EAF) K061 hazardous waste), that contains radioactive materials at or below concentrations that are representative of background conditions.
In the meeting you had with the NRC staff on March 5, 1993, it was pointed out that NRC does not regulate naturally occurring radioactivity (other than source material) nor the radioactivity contained in materials as a result of worldwide fallout from nuclear weapons testing. These tests, which principally occurred prior to 1970, have resulted in typical cesium-137 concentrations, in surface soils of the United States, ranging from 0.4 to 1.2 pCi/g. This range of concentrations is based on reconnaissance information compiled from many locations around the country. Rity materials for steel melts would generally be expected to have smaller cesium-137 concentrations, a premise supported by your information on the raw ingredients used to make steel in an EAF.
If the cesium activity in dust is a result of fallout contamination of feed materials, the EAF dust would not be low-level radioactive waste nor mixed radioactive waste, under the Atomic Energy Act of 1954, as amended.
In contrast, if the contamination resulted from melting licensed cesium-137 sources that may have been inadvertently included in the scrap metal, then NRC or an Agreement State would have jurisdiction over the control of the EAF dust, under the Atomic Energy Act.
Regardless of the origin of the cesium, the radioactive material in the EAF dust could conceivably be subject to 1
control under other Federal and State statutes (e.g., Superfund).
The NRC staff does not believe that " background" in dust can be directly related to " background" in soil because:
(1) the K061 waste produced by the furnaces may have either higher or lower cesium-137 concentrations depending on the concentrating or diluting mechanisms inherent to a particular melting process; and (2) a general relationship between soil contamination and EAF dust levels does not exist. Although the scrap metal and other materials fed D
into the melt process may contain some soil and dust, the relative amounts and j
fate of these materials in the process are not thoroughly understood.
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Mr. William Guerry, Jr. To determine our regulatory involvement, we must evaluate the origin of the cesium in the EAF dust. Our view is that the baghouse dust can best be demonstrated to contain only background levels of cesium-137 (i.e., from fallout) by comparing the distribution of cesium-137 activities in EAF dusts at suspect mills with levels resulting from the melting of known uncontaminated scrap metal, under similar conditions.
In the absence of historical information at a specific EAF facility, our preliminary determination is that the cesium-137 levels in baghouse dust can be reasonably attributed to fallout if concentrations are less than about 2 pCi/g. This concentration bounds the limited data available for the composition of EAF dust at unaffected steel mills. The 2 pCi/g value also represents a concentration at the low end of the range of cesium-137 concentrations found in some limited wood ash samples - a material resulting from a process more comparable to that producing the baghouse dust than soil.
At facilities that have experienced contamination incidents involving licensed cesium-137 byproduct material, we believe that attribution of cesium concentrations to fallout can only be confirmed by a measurement program that establishes that cesium-137 concentrations have reached an asymptotic value after the incident that is:
(1) below a level of 2 picocuries per gram; or (2) within two standard deviations of pre-incident concentration levels, if such data exist.
Levels higher than (2) above may be determined to result from fallout, if it can be demonstrated that the increase results from background levels of cesium-137 in raw ingredients or natural changes in process concentration / dilution mechanisms.
EAF dust that contains concentrations of cesium-137 above about 2 pCi/g resulting from the melting of a licensed source or device would be considered low-level radioactive mixed waste, under the Atomic Energy Act and the Resource Conservation and Recovery Act. The disposal or recycle of EAF dust that contains concentrations of cesium-137 above 2 pCi/g should be considered on a facility-specific basis.
For example, NRC provides a mechanism to consider such requests for disposing of unique, low-activity wastes in 10 CFR 20.302. The Agreement States also have similar provisions, in their regulations, that could be used to consider the appropriate disposition of such wastes. As an alternative, affected steel mills could send the K061 waste that contains the cesium-137 to a licensed bulk mixed waste disposal facility.
NRC is aware of the baghouse dust samples currently being analyzed by the Department of Energy and, based on the results from these and other samples, may adjust this background concentration determination.
In the interim, the 2 pCi/g concentration is believed to be a prudently conservative value.
g-r Mr. William Guerry, Jr. We have coordinated this response with affected Agreement States.
Please contact Mr. William Lahs at (301) 504-2569 if you wish to further discuss this response.
I trust that this reply has clarified our position.
Sincerely, Original:!gnai by.
Hugh L Thompson, Jr.-
. tr James M. Taylor
(
Executive Director for Operations (Ticket 008831)
DISTRIBUTION:
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NMSS r/f RBangart WBrach JSurmt.ier LLWM r/f PLohaus JBlaha TCJohnson LBell LLWM t/f CPoland NMSS Dir.r/f
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- fs' Mr. William Guerry, Jr. We have coordinated this response with affected Agreement States.
Please contact Mr. William Lahs at (301) 504-2569 if you wish to further discuss this re'sponse.
I trust that this reply has clarified our position.
1 Sincerely,
\\
)
James M. Taylor Executive Director for Operations (Ticket 93-E8831)
DISTRIBUTION:
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DEDS EDO 0FC NAME h R N nerI GArlotto RBernero \\
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