ML20045D973
| ML20045D973 | |
| Person / Time | |
|---|---|
| Issue date: | 06/23/1993 |
| From: | Dennise Orlando NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Baney T ENVIRONMENTAL PROTECTION AGENCY |
| References | |
| REF-WM-3 NUDOCS 9306300269 | |
| Download: ML20045D973 (4) | |
Text
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.t UNITED STATES
[.h [ 4j NUCLEAR REGULATORY COMMISSION C
WASHINGTON D.C. 20555-0001
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Am 3 31993 Mr. Tony Baney, Workgroup Chair Operations Branch, TS-79B Office of Prevention, Pesticides and Toxic Substances U.S. Environmental Protection Agency 401 M Street, S.W.
Washington, DC 20460
Dear Mr. Baney:
In response to your request of June 4,1993, the Nuclear Regulatory Commission staff has reviewed the current draft of the Environmental Protection Agency's (EPA's) proposed Polychlorinated Biphenyls Disposal Amendments. Our comments are enclosed.
In general, it appears that several of the staff's comments on the third draft of the proposed rules, which were provided to you on September 10, 1992, have not been incorporated in the most recent draft.
As these comments are still appropriate to the current draft, they have been included in the enclosed comments.
While I did not specifically comment on the wording on page 68 (lines 13-22) pertaining to the conditions under which material is subject to regulation by NRC and EPA, you should be aware that NRC is currently examining the definition of source material with respect to the Resource Conservation and Recovery Act.
The outcome of this examination may impact on how NRC regulates radioactive material that is mixed with or bonded to other non-radioactive materials. We have been working on this examination with Richard LaShier and his staff within EPA's Office of Solid Waste. Currently, our schedule for submitting the results of our examination to the Commission is the end of August, 1993.
As appropriate, we will inform you of the Commission's decision and how we believe the wording of this section of the text should be revised.
Currently, I plan on attending the workgroup meeting on June 30, 1993, and look forward to discussing the proposed rules ano NRC staff comments at that time.
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NRC--COMMENTS ON PROPOSED PCB DISPOSAL AMENDMENTS June 22,~1993 1.
Page 35, line'15 - the use of the word. " unacceptable" in the sentence may cause confusion as the~ sentence does not indicate-what. increase.in waste volume would be considered unacceptable.
2.
Page 46, lines 20-25 discuss the deregulation of deccntaminated surfaces for "most reuses."
It is unclear from the text how the Environmental i
Protection Agency (EPA).would ensure that the surfaces were 'not used in a manner that was not " associated with food,. feed or drinking water."-
Readers may benefit from a discussion of the procedures EPA will used to ensure that the reuse conditions outlined in the section are met.
3.
Page 61, line 14 - replace the word " risks" with " dose from licensed radioactive material." This is a more accurate depiction of the aim of an ALARA program.
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4.
Page 68. lines 12 remove the words " source material" from line 14.
There is no mention of the use of source material in the ' definition of byproduct material found in section 11(e)(1) of the Atomic Energy Act.*
5.
Page 112, Section B - this section should include a statement that PCB/ radioactive and PCB/ fissionable radioactive wastes at licensed nuclear-facilities must be stored-in a manner (i.e., type of containers) that has been approved by NRC or the appropriate State. regulatory authority
- 6.
Page 133 - the discussion of storage variances shodid indicate that PCB/ radioactive and PCB/ fissionable radioactive waste is also subject'to regulation by NRC or the States and that the storage of this waste:is also subject to approval by NRC or the appropriate State regulatory authority.*
7.
Page 181, line 2 - replace the word " permit" with " license". NRC issues licenses, not permits, for the use and possession of radioactive material.
8.
Page 242, lines 5-8 revise these lines to: read "PCB/ fissionable radioactive waste or PCB/ radioactive wastes are defined as PCBs regulated for disposal under Subpart D of these' regulations that.also contain fissionable radioactive material or radioactive material-subject to regulation under the Atomic Energy Act of 1954, as Amended." This is.a more accurate definition of the subject wastes.
9.
Page 262, section 761.60 should indicate that_NRC or the appropriate State regulatory authority must. be consulted when determining the conditions under which PCB/ radioactive or FCB/ fissionable radioactive waste are stored. Also references'to " health and the environment" should be revised to read "public health and the environment.*
Enclosure
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. 10. Page 294, lines 13 - 21, replace "any" with "all" in.line 16 a.= this more accurately represents the conditions under which the materials will be regulated. Also, the use of the word "may" in line 13 does not'seem appropriate. The sentence seems to put the onus for adopting a more stringent storage condition on the licensee. ' Finally, line 20 should be revised to indicate that licensees must also demonstrate to NRC that the i
containers are protective of the public health and safety and the environment *,
- This comment was also included in the NRC staff comments on the third draft' of the proposed amendments (September 10,1992).
4 1
'Mr. Tony Baney 1 1
If you have any questions on the enclosed comments, please contact me at
{
301 504-2566.
Sincerely, 08M.Mi WN W Dominick A. Orlando, Project Manager Decommissioning and Regulatory Issues Branch Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regutatory Commission
Enclosure:
As stated Ticket D-930027 DISTRIBUTION:
. Central File NMSS r/f RBangart WBrach JAustin JSurmeier PLohaus TJohnson LLWM r/f LLWM t/f LBell SUBJECT ABSTRACT: REVIEW AND COMMENT ON EPA PCB AMENDMENTS in siall' Box ~6n ^"0FCi"'lihh'p1 Ecd'ai ~C~=~CoVef"ETCoYeVYEnciokur]e[f^FifiFe
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NO Category:
Proprietary or CF Only/ -No PDR :
YES Yes ACNW:
YES NO v
Delete file after distribution IG:
YES N0 v