ML20134A673
| ML20134A673 | |
| Person / Time | |
|---|---|
| Issue date: | 03/06/1984 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Gilinsky, Palladino, Roberts NRC COMMISSION (OCM) |
| Shared Package | |
| ML20132C331 | List: |
| References | |
| FOIA-84-709, FOIA-84-A-72 NUDOCS 8511070514 | |
| Download: ML20134A673 (3) | |
Text
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UNITED STATES Y
g NUCLEAR REGULATORY COMMISSION E
W ASHINGTON, O. C. 20555 3
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MAR 0 61984 MEMORANDUM FOR:
Chairman Palladino Comissioner Gilinsky Comissioner Roberts Comissioner Asselstine Comissioner Bernthal l
FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
URANIUM MILL TAILINGS Following up the Chairman's testimony given at the budget hearing on February 23, 1984, Mr. John G. Davis, Mr. Robert Browning, Mr. Guy H.
Cunningham, Mr. Robert Fonner, and Ms. Janet Gorn met on February 27th with Mr. James Curtis (majority counsel) and Ms. Anita Ruud (minority counsel),
staff members of the Senate Subcommittee on Nuclear Regulation, Comittee on Environment and Public Works. Mr. Curtis desired amplification of the Staff's views on implementation of Section 84c. of the Atomic Energy Act (i 20 of the NRC Authorization Act for Fiscal Year 1982-83). Under Section 84c. licensees may propose alternatives to specific requirements for disposing of uranium mill tailings.
(A copy of Section 84c. is attached).
Mr. Curtis stated his view that Section 84c. gives the Comission adequate flexibility to review and approve a licensee's alternatives for groundwater protection (e.g., allows NRC to consider a natural or clay' liner in lieu of a synthetic liner) provided the alternatives are equivalent to the extent practicable to NRC and EPA standards. In determining the equivalency of protection afforded by such alternatives, Mr. Curtis urged that NRC should be able to proceed upon an assumption that any synthetic liner will eventually leak.
The Staff expressed its view that the EPA non-degradation standard assumes an effective liner for the period of active disposal operations. While agreeing that Section 84c. as written gives the NRC statutory flexibility, the Staff suggested that the non-degradation standard promulgated by EPA makes it difficult, if not impossible, to evaluate an alternative proposal for equivalency assuming a leaking synthetic liner and the resulting degradation of groundwater. Assuming a leaking synthetic liner for evaluation purposes may also require establishing speculative alternative concentration limits for hazardous constituents in groundwater. Under 40 CFR 192 such alternative concentration limits may require EPA concurrence.
e 8511070514 851021 EicheNA-72 PDR
. g Mr. Curtis was assured that, although no application for an alternative to present requirements has been received by NRC, the Staff would certainly consider such an application on its merits.
I (Signed) William J.Dircks William J. Dircks Executive Director for Operations e
Attachment:
As stated cc: JPE OGC SECY OCA M. Davis R. Browning R.L. Fonner J. Gorn Region IV URFO-Denver e
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i 84c. of the Atomic Energy Act
- c. In the case of sitas at which ores are gen -- ' prhnarily for their source material content or which are used for the disposal of byproduct material as defined in section 11 e. (2), a lh may propose alternatives to specific requusments adopted and enforced by the C~--i-ion under this Act. Such alternative proposals may take into account local or regional conditions including geology, to.
pography, hydrology and meteorology. The r==i==ian may traat such alternatives as satisfying r=ami==iaa requirements if the raami= ion determines that such alternatives wdl achieve a level of==l=14*ation and contalamant of the sites conearned, and a level of protectaos for public baalth, safety, and the envuna=*at from radiological and nonradiological hasards associated with such sitas, which as equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and require-menta adopted and enforced by the C-=i= ion for the same pur-pose and any final standards promulgated by the Ad=iate ator of the Environmental Protectaan Agency in accordance with section 275.
ATTACHMENT
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