ML20136E826
| ML20136E826 | |
| 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 | |
| ML20136D839 | List: |
| References | |
| FOIA-84-709 NUDOCS 8403160062 | |
| Download: ML20136E826 (3) | |
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4ps>[s%[ca UNITED STATES y ) c. ( , . g NUCLEAR REGULATORY COMMISSION E WASHINGTON, D. C. 20555
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MAR 0 61984 MEMORANDUM FOR: Chairman Palladino Comissioner Gilinsky Comissioner Roberts Comissioner Asselstine Comissioner Bernthal 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 Subcomittee on Nuclear Regulation, Comittee on Environment and Public Works. Mr. Curtis desired amplification of the Staff's views on faplementation of Section 84c. of the Atasic Energy Act
() 3 cf the 1RC huthorization Act for 1 Fiscal Year 1982-83), tfnder 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 ground ater 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. *.o 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.
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- s Mr. Curtis was assured that, although no application for an alternative to present requirerrents has been received by hRC, the Staff would certainly consider such an application on its merits.
William . Dircks Executive Director for Operations
Attachment:
As stated cc: 0FE 03C SECY OCA M. Davis R. Browning R.L. Fonner J. Gorn Recion IV URFO-Denver
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i 84c. of the Atomic Energy Act
- c. In the case of sites at which ora an ye- -
--d pnmarily for their source material content or which an used for the duposal of byproduct material as defined in meetion 11 e. (2), a b~- may propose alternatives to specific requinments adopted and enforced In; the Commi= ion under this Act. Such alternative proposals may take into account local or regional conditions including geology to-pography, hydrology and meteorology. The C==i= ton may treat such alternatives as antisfying C=midon requinments if the Commission determines that such alternatives will achieve a level of r.abilization and centsunent of the sites concerned, and a neve!
e( pro.tection
_ for publir. health, safety, and the environment from 3g '- 1 6Mh wtuch Is equ2 valent to, to tee ertant practismWe, or more strisywat -
than the level which would be achieved by standards and requzre-meets adopted and enforced by the r- = == for the same per-pose and any final standards 'somulgated by the M-t '% of the Enytranmental Protectrod Agency in accordance with section Z5.
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