ML20151Q309
| ML20151Q309 | |
| Person / Time | |
|---|---|
| Issue date: | 07/01/1988 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Simpson A SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML20151Q312 | List: |
| References | |
| NUDOCS 8808110114 | |
| Download: ML20151Q309 (2) | |
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NUCLEAR REGULATORY COMMISSION U
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CHAIRMAN The Honorable Alan K. Simpson Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C.
20510-6175 Dear Senator Simpson-In your May 13, 1988 letter, you requested information on the status of the American Nuclear Corporation (ANC) amendment request to permit ANC to receive third-party radium-contaminated soils and debris for disposal in its Tailings Pond No. 1.
We have considered this request and the complex regulatory issues Involved in authorizing disposal of this type of material at a mill tailings site.
We have recently reached the decision that the major regulatory issues noted below would have to be favorably resolved before the U.S. Nuclear Regulatory Commission (NRC) cauld consider approvfng the disposal of these radium wastes in ANC's tailings pond under current statutory authority.
The statutory authority is unlikely to change in the near future.
Therefore, we cannot approve the ANC request.
This decision is being conveyed to ANC.
A primary issue stems from the fact that this waste material contains radium and is classified as naturally-occurring and accelerator-produced radioactive materials (NARM).
At issue is whether the inclusion of NARM wastes in a mill tailings disposal site is consistent with U.S. Government ownership (or State ownership) and other authorities under Section 83 of the Atomic Energy Act (the Act).
Since the U.S. Department of Energy (00E) is currently designated to take title to the mill tallings sites, NRC requested DOE's view on this question.
DOE's response stated that DOE has doubts about its authority to take title to the mill tailin NARM (gs disposal sites if NRC has allowed the commingling ofnon-byproduct) m DOE response is attached).
It is important to note that NRC does not have authority to regulate NARM.
Thus, the amendment, if issued, would result in a commingling of regulated and unregulated materials in the same disposal unit.
This would create duplicative jurisdiction between NRC and other Federal or State agencies with respect to the commingled radioactive materials.
Moreover, if NARM waste constituents were to violate the current standards (e.g., migrate into ground water), the Commission's authority under Section 84c.
of the Act to approve alternatives to requirements for disposal or reclamation would be seriously impaired.
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. Additionally, the wastes may be subject to presently applicable Resource Conservation and Recovery Act (RCRA) regulations or other U.S. Environmental Protection Agency (EPA) rules for hazardous constituents or NARM, as well as to applicable State requirements.
If the waste results from a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) clean-up action, the EPA requirements to be met would also need to be considered by the licensee to ensure that there is no issue regarding suitability of the site for disposal of the CERCLA wastes.
The appropriate regulatory authorities would have to address thesc requirements.
Finally, since there is currently a NARM disposal site licensed by the State of Utah and a license application under review in the State of Colorado, there appears to be no compelling need at this time to dispose of NARM material in uranium mill tailings impoundments.
I hope this information is useful to you and, I appreciate your continued interest in our programs.
Sincerely, M w.
/ 4 Lando W. Zec Jr.
Enclosure:
DOE letter dated June 10, 1988 cc:
The Honorable John Breaux The Honorable John S. Herrington, Secretary U.S. Department of Energy
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Department of Enargy Washington, DC 20548 JUN 101988 Mr. Richard L. Bangart, Acting Director Division of low-level Waste Management and Decommissioning U.S. Nuclear Regulatory Comission Washington 0.C.
20555
Dear Mr. Bangart:
This is in response to M. R. knasp's letter of April lei,1988, to the Department of Energy regarding tie Department's acceptance of transfer of ownership of Itcensed uranium mill tailings impoundnents if non-byproduct materials were also disposed there.
While the Department supports the Nuclear Regulatory Cornission's efforts to find permanent dis asal sites for these materials, it is not clear that the Department would 1 ave the authority under Section 83 of the Atomic Energy Act to accept custody of non-byproduct materials. Congressional action may be needed to provide an unambiguous resolution on this issue.
Assuming some means of resolving the authority question was achieved, the priorsatisfactionofallResourceConservationandRecoveryAct(RCRA)and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),asamended,requirementswouldbeessential. Appropriate financial arrangement would have to be provided so that the Department would bear no additional cost associated with the acquisitioq of this material.
Your letter indicated that there are three pending appitcaticns before the Comission for the disposal of non byproduct material at licensed uranium mill tailings sites. We also understand there may be different materials in questions some ("NARM") clearly outside of NRC jurisdiction and some
("secondary"his in more detail, if you desire, with respect to specific recovery waste) within NRC jurisdiction. We would be willing to discuss t material at specific sites.
Sincerely.
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John E. Baublitz Acting Director Office of Remedial Action and Waste Technology Office of Nuclear Energy
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