ML20059H879
| ML20059H879 | |
| Person / Time | |
|---|---|
| Issue date: | 12/15/1993 |
| From: | Joseph Holonich NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Sniezek J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-WM-3 NUDOCS 9401310207 | |
| Download: ML20059H879 (7) | |
Text
DEc 15 E MEMORANDUM FOR:
James H. Sn* 'ek Deputy Execn me Director for Nuclear Reactor Regulation, Regional Operations and Research FROM:
Myron Fliegel, Section Leader Special Issues Section Uranium Recovery Branch Division of low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards
SUBJECT:
UPDATE OF MEDIA BRIEFING BACKGROUND PAPERS In response to your memorandum of December 6, 1993, I have updated the Uranium Mill Tailings media briefing paper (enclosed). John Surmeier, who is the contact for this paper, is currently on detail to the Office of State Programs.
Since he will be returning to the Uranium Recovery Branch within the next two months, he should remain as the identified contact.
I have also E-mailed the file to Sherry Meador.
If you have any questions, I can be reached at 504-2155.
O'3E50i Eb$9 id7 Joseph J. Holonich, Acting Chief Uranium Recovery Branch Division of low-Level Waste Management and Decommissioning, NMSS
Enclosure:
As stated cc:
P. Lohaus, LLWM K. Dattilo, PMDA TICKET: NMSS 9300618 DISTRIBUTION:
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MEMORANDUM FOR:
James H. Sniezek Deputy Executive Director for Nuclear Reactor Regulation, Regional Operation; and Research FROM:
yron Fliegel, Section Leader ecial Issues Section U nium Recovery Branch Di ision of low-level Waste Management a d Decommissioning Offi e of Nuclear Material Safety and Safeguards
SUBJECT:
UPDATE F MEDIA BRIEFING BACKGROUND PAPERS In rssoonse to your memoran m of December 6, 1993, I have updated the Uranium Mill 'ailings media briefing aper (enclosed). John Surmeier, who is the contact for this paper, is cu rently on detail to the Office of State Programs.
Since he will be r urning to the Uranium Recovery Branch within the next two months, he should emain as the identified contact.
I have also E-mailed the file to Sherry Mea or.
If you have any questions, I can be reached at 504-2155.
Myron Fliegel, Section Leader pecial Issues Section ranium Recovery Branch D' vision of Low-level Waste Management nd Decommissioning, NMSS
Enclosure:
As stated
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t BP19 (09/93)
URANIUM MILL TAILINGS
Background:
A lack of orders for new nuclear power plants and the importation of uranium from other countries have now severely eroded the value of uranium and resulted in most U.S.
uranium mills shutting down operations or operating on a limited basis.
Many mills are, or will be, conducting reclamation of tailings piles created in the process of extracting source material (in the form of " yellow cake") from uranium-bearing ore.
These mill tailings wastes, both from_ unlicensed' inactive mills (formerly used in providing uranium primarily for the weapons program) and from licensed active mills regulated by.the Nuclear Regulatory Commission or the Agreement States, pose a long-term hazard to the public health and safety.
To provide for the disposal, long-term stabilization, and control of these uranium mill tailings in a safe and environmentally sound manner, Congress enacted the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA).
In terms of health hazard, the most hazardous radioactive constituent in uranium mill tailings is radium, which has a very long half-life.
Radium, besides being hazardous itself, produces radon, a radioactive gas whose decay products can cause lung cancer.
This makes mill tailings hazardous'for thousands of years.
UMTRCA established two programs to protect public health and the-environment from uranium mill tailings.
The Title I program established a joint Federal / State-funded program for remedial action at abandoned mill tailings sites, with ultimate Federal ownership under license from NRC.
Under Title I, NRC must evaluate the Department of Energy's (DOE) designs and concur that DOE's actions for cleanup and remediation of these inactive tailings sites' meet standards set by the Environmental Protection Agency (EPA).
The Title II program is directed towards the active mill tailings sites (those sites under license by NRC or Agreement States).
Title II provides:
(1) NRC authority to control radiological and nonradiological hazards; (2) EPA authority to set generally applicable standards for both radiological and nonradiological hazards; and (3) eventual State or Federal ownership, under license from NRC.
For Agreement States, NRC also is required to make a determination that all applicable standar.d3 and requirements have been met by uranium mills licensed by Agreement States before termination of their licenses.
i Enclosure
4^
BP19 (09/93)
Reculations and standards:
UMTRCA charged the EPA with the responsibility for promulgating standards for control of uranium mill tailings.
In 1983, EPA issued standards in 40 CFR Part 192 for both Title I sites (Subparts A, B,
and C) and Title II sites (Subparts D and E).
The portion of the EPA Title I standards dealing with ground water requirements were remanded by the Tenth Circuit Court of Appeals on September 3, 1985.
Based on this court decision, EPA was directed to promulgate new groundwater standards.
EPA proposed these standards in the form of revisions to Subparts A-C of 40 CFR Part 192 in September, 1987, and now is in the process of completing action to promulgate the final groundwater standards.
For Title II sites, NRC conformed its standards in 10 CFR Part 40 to be consistent with the applicable EPA standards.
NRC's final regulations conforming to EPA's requirements for radiological and nonradiological protection and long-term stabilization of the impoundments for the tailings were published on October 16, 1985.
NRC's final regulations addressing EPA's groundwater protection standards were published on November 13, 1987.
EPA,-in developing its mill tailings standards, estimated that its standards would significantly reduce radon emissions from tailings and approximately 600 lung cancer deaths per century would be avoided.
Since the, EPA standards require that the impoundments for the tailings must be designed to be stable for 1,'000 years, to the extent prheticable, but in no case less than 200 years, it is assumed that the actual engineered structures will degrade slowly over possibly thousands of years.
Therefore, the use of the standards and NRC's implementing regulations.could result in the avoidance of tens of thousands of calculated radon-related lung cancer deaths.
Current Status:
Title I -- Reclamation Work at Inactive Tailings Sites Twenty-four inactive mill tailings piles at 22 sites designated by DOE range in size from about 60 thousand to 4.6 million cubic yards of material.
Except for a site at Canonsburg, PA, the inactive sites are located in the western United States (Arizona, Colorado, Idaho, New Mexico, North Dakota, Oregon, Texas, Utah, and Wyoming).
The DOE surface remediation program is estimated to cost approximately $1.3 billion and is expected to be completed by 1998.
The DOE groundwater cleanup phase was initiated by DOE in 1991.
DOE has completed an-internal draft of the Programmatic Environmental-Impact Statement (PEIS)_ for its -
i groundwater remediation phase.
The NRC has reviewed and commented on this draft, as part of its cooperating agency status i
in the PEIS process.
The final PEIS should be released for
s a
BP19 (09/93) public comment in early 1994.
DOE's initial cost estimates for groundwater remediation were over $500 million with a completion date of 2020.
DOE has completed remedial work, with the exception of groundwater cleanup, at approximately half of the Title I sites.
The DOE became a licensee of the NRC under i
10 CFR 40.27 with the completion and NRC concurrence of the Long-
~
Term surveillance Plan for the Spook, Wyoming inactive tailings site.
It is anticipated that in 1994, 3 to 5 more completed mill tailings sites will come under the general license in 40.27 for the long-term custodial care by DOE.
Title II -- Licensed Mill Tailings Sites 1
Of 27 NRC licensed uranium recovery facilities, there are 19 mills; 5 in situ leach facilities; 1 mine-backfill; 1 ion-exchange facility and 1 heap leach.
None of the uranium mills r
are operating.
Three of the in situ leach facilities are presently operating.
There are four mills and two in situ facilities that have standby licenses which would permit these facilities to go into operation in a relatively short time.
Most of the NRC licensed facilities are either expected to begin, or have already started, reclamation activities to provide'long-term stabilization and closure of the tailings impoundments.
While NRC has terminated in situ leach facility licenses, it has not, as yet, terminated a license for any uranium mill facility..
These NRC-licensed sites are located in Nebraska, New Mexico, Utah, and Wyoming.
There also are 10 uranium mills in Agreement States (Colorado, Texas, and Washington) that have similar non-operational tailings impoundments.
In the fall of 1991, NRC, EPA, and the affected mill tailings Agreement States agreed that there was a need to eliminate the
- dual regulation created by NRC's authority under UMTRCA and the Atomic Energy Act of 1954, as amended, and EPA's authority under the Clean Air Act (CAA).
This interagency consultation resulted in the execution of a Memorandum of Understanding (MOU) to provide.the basis for eliminating the dual regulation by EPA under the CAA.
Current activities are addressing the. disposal
- standards in Subpart T of 40 CFR Part 61.
The radon flux standards in Subpart T are the same as those under UMTRCA.
Consequently,'the primary focus of the MOU is to' ensure that non-operational piles are closed to comply with the radon standards as expeditiously as practicable, with a goal that such closure occur by the end of 1997.
The MOU specifies that the schedules for closure be enforceable by NRC or the affected Agreement States.
The MOU further provides that the dual _ regulation of operational sites under Subpart W of Part 61 will be addressed subsequently.
In the late summer of 1992, NRC was requested by EPA, the American Mining Congress, the Natural Resources Defense Council,
_j i
y-
BP19 (09/93) and the Environmental Defense Fund to sign a settlement agreement related to EPA's Part 61, Subpart T standards and associated stays of the standards.
Although NRC is not a party in the underlying lawsuits, the Commission recognized that many of the actions outlined in the settlement agreement requiring NRC or Agreement State action were an integral part of the agreement.
While the Commission did not support signing the settlement agreement, it did direct staff to prepare a letter to the affected parties in which the Commission would indicate it was in general accord with the substantive provisions of the draft final settlement agreement dated November 24, 1992.
l A major milestone identified in the MOU, was approval by September 30, 1993, of all detailed licensee. reclamation plans to construct final radon barriers.
On October 18, 1993, we wrote to EPA that NRC and-Agreements States had approved all the plans except that for the Atlas mill site at Moab, Utah whose reclamation plan was the subject of extensive public comment.
Contact:
John J.
Surmeier, Chief, Uranium Recovery Branch U.S. NRC, Washi: 3 ton, DC 20555 (301) 504-3439 P
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I BP19 (09/93)
URANIUM MILL TAILINGS HIGHLIGHTS Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) established a comprehensive regulatory framework for all l
uranium mill tailings for long-term custody and control.
Title I of UMTRCA established a joint Federal-State funded program for remedial action at sites designated by Congress as " inactive" as of 1978, with ultimate Federal ownership under license from NMC.
The 24 Title I tailings piles, except for the. site at Canonsburg, PA, are located in the western United States.
The DOE surface remediation work is estimated to cost approximately $1.3 billion and to be completed by 1996.
DOE anticipates that all of these sites will be under license from NRC by 1998.
The DOE groundwater cleanup phase was initiated in 1991.
DOE has completed a draft of'a Programmatic Environmental Impact Statement (PEIS) for this groundwater cleanup phase, which has been reviewed by NRC.
The final PEIS should be released for public comment in early 1994.
Groundwater cleanup has been estimated by DOE to cost over $500 million.
Title II of UMTRCA provided:
(1) NRC authority to control radiological and nonradiologial hazards; (2) EPA authority to set generally applicable standards for both radiological and nonradiological hazards; and (3) eventual State or Federal ownership under license from NRC.
There are 27 uranium recovery facilities licensed by NRC under 10 CFR Part 40 in conformance with EPA generally applicable standards in 40 CFR Part 192.
There are 15 NRC licensed and 8 Agreement State-licensed facilities that have non-operating mill tailings impoundments.
An NRC-EPA Agreement State MOU of October 1991 provides the basis for eliminating dual regulation by EPA under the Clean Air Act and establishes a schedule for closure of the tailings impoundments at these 23 non-operating sites by the end of 1997.
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