ML20058Q404

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Responds to 931208 Telcon Request for Info on Steps Taken by NRC to Assure That Radon Barrier Placement by U Mill Licensees Accomplished as Expeditiously as Practicable
ML20058Q404
Person / Time
Issue date: 12/20/1993
From: Joseph Holonich
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Bonanno G
ENVIRONMENTAL PROTECTION AGENCY
References
REF-WM-3 NUDOCS 9312290076
Download: ML20058Q404 (3)


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S UNITED STATES 5'

NUCLEAR REGULATORY COMMISSION

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WASHINGTON, D.C. 20555 0001 DEC t 01993 Ms. Gail Bonanno Mail Code 6602J U.S. Environmental Protection Agency 401 M Street Washington, DC 20460

Dear Ms. Bonanno:

In a telephone conversation on December 8,1993, with Allan Mullins of my staff, you requested information on the steps taken by the U.S. Nuclear Regulatory Commission to assure that radon barrier placement by its uranium mill licensees is accomplished as " expeditiously as practicable." This provision is in the Memorandum of Understanding (MOU) among NRC, the U.S. Environmental Protection Agency (EPA), and the States of Washington, Colorado, and Texas, concerning Clean Air Act standards for radon releases from inactive uranium mill tailings impoundments (40 CFR Part 61, Subparts T and W).

It has been incorporated into EPA's revised regulations in 40 CFR Part 192 and in NRC's proposed revision to 10 CFR Part 40, Appendix A.

NRC wrote its affected licensees on October 22, 1991, and directed that schedules for placement of radon barriers as expeditiously as practicable should be submitted as an amendment to the license. The individual amendments to the licenses contained the same language.

In several cases (Petrotomics Shirley Basin and Quivera Ambrosia Lake), the licensees proposed dates later than those listed in the MOV and NRC required the licensee to conform, at the latest, with the MOU dates.

In reviewing the individual licensee's schedule submittal, NRC relied on its knowledge of each site for the time required to finish dewatering of tailings ponds and the time required for placing the radon barrier cover. The dates incorporated into the license amendments were consistent with those in the MOU and in some cases were earlier (Please see the enclosed table).

In addition, many of the licensees have remarked that their company management has directed that the work be completed and licenses terminated as soon as possible.

We believe that NRC has followed this provision in the MOU in working with its licensees to help effect final schedules that represent radon barrier placement as expeditiously as practicable.

In any future reviews, we will continue to apply the approval process outlined above.

Finally, the Commission on November 3, 1993, issued a proposed rule, " Uranium Mill Tailings Regulations; Conforming NRC Requirements to EPA Standards," which further clarifies how the NRC defines as expeditiously as practicable.

When the final rule is issued by the Commission, the staff, in its implementation, will ensure that the appropriate requirements are incorporated into future reviews.

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Gail Bonanno We would be pleased to discuss our activities under the MOU.

If you need further discussion on this please contact Allan Mullins at (301) 504-2578.

Sincerely, 6NOWL BRD li'i Joseph J. Holonich, Acting Chief Uranium Recovery Branch Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material. Safety and Safeguards

Enclosure:

As stated i

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Status of Reclamation Plans for Non-Operational Uranium Mill Tailings Impoundments' December 15, 1993 Facility Approval Date Approval Date MOU Date for Licenac Date for of Reclamation for Reclamation Final Redon Final Radon Plan Milestones Cover Cover ANC, Gas Hi!!a, WY 4/10/83 11/5/92 1995 12/31/94 6/30/96 ARCO Coal, Bluewater, NM 1/30/92 11/9/92 1995 12/28/94 Atlas, Moab, UT

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11/4/92 1996 12/31/96 Conoco, Conquista, TX 9/8/93 9/8/93 1996 12/31/93 Ford-Dawn Mining, Ford, WA 9/30/93 9/30/93 2010 12/31/18*

Hecla Mining, Durita. CO 9/30/93 9/30/93 1997 12/31/95 a

tiomestate, Milan, NM 7/23/93 11/9/92 1996/2001' 12/31/96 12/31/015 Pathfinder-Lucky Me, Gas Hills, 9/17/93 12/29/92 1998 9/30/98 WY Petanomics, Shirley Basin, %T 10/23/89 1/21/93 1995 12/31/95 Quivira, Ambrosia Lake, NM 10/5/90 1/22/93 1997 12/31/97 Rio Algom, Lisbon, IIT 9/29/93 12/31/92 1996 12/31/96 Schio leBar, Cebolleta NM 5/1/89 11/4/92 1992 12/31/92 UMETCO, Gas Hilla, %Y Various-early 80s 12/3/92 1995 12/31/95 UMETCO, Maybell, CO 7/30/93 7/30/93 1997 12/31/97 UMLTCO, Uravan, CO 12/31/87 12/3I/87 2002' 12/31/96

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UNC, Church Rock, NM 3/11/92 10/29/92 1997 12/31/97 Union Pacific. Bear Creek, %T 4/3/92 11/5/92 1996 12/31/96 WNI. Sherwomt, WA 9/30/93 9/30/93 1996 1/31/98*

l WN1, Split Rock, %Y 6/17/93 11/5/92 1995 12/31/94

'NRC and the affected Agreement States committed to complete review and approval of reclamation plans, including schedules for emplacement of earthern covers on non-operational tailings impoundments by September 30, 1993.

2Two impoundments; 1996 date is for impoundment which was accepting waste l

from off-site for disposal. Licensee has requested an amendment for a one year extension of dates for placement of radon barrier on the two piles.

3Delayed pending resolution of issues raised in response to Federal Reaister notice dated July 20, 1993.

' Closure date change is because of groundwater remediation schedule.

5Two impoundments: large impoundment to be completed by 1996, small impoundment by 2001.

Final radon barrier placement over the entire pile shall be completed within two years of completion of groundwater corrective actions.

60 ate in the MOU is for final reclamation.

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