ML20198J238
| ML20198J238 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1986 |
| From: | Fonner R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Browning R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| REF-WM-39 NUDOCS 8606020365 | |
| Download: ML20198J238 (2) | |
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MEMORANDUM FOR:
Robert E. Browning, Dir#etum to WM,623.SS) v Division of Waste Management ~~
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FROM:
Robert L. Fonner Deputy Director Regulations Division
SUBJECT:
USE OF UMTRCA TITLE II SITES FOh DISPOSAL CF TITLE I MATERIAL In your memorandum of May 7, 1986, you requested legal guidance with respect to five issues raised by Mr. Themelis, UMTRAP project manager in the DOE Operations Office in Albuquerque, New Mexico, in his letter of April 16,- 1986, to ~ Mr. Malcolm Knapp. The issues surround the topic of disposal of-mill tailings under Title I of UMTRCA at uranium mill and tailings sites currently licensed by the NRC or Agreement States.
We address these issues in the order in which Mr. Themelis presents them in his letter.
- 1. May a State acquire the site, in terms of ownership, to comply with Title I, prior to final decommissioning of the site by the licensee? In general Title II of UMTRCA places no restrictions on the ownership of tailings disposal sites and tailings prior to decommissioning.10 CFR 40.21 allows any person to hold legal title to tailings. Section 83b(1)(A) of the Atomic Energy Act of 1054, as amended, requires only that title to the property be transferred to the United States or the State at the State's option prior to termination of the-license.
Termination of the license prior to completion of. site decommissioning is not anticipated.
See e
10 CFR 150.15a(b)(1).
g, Accordingly. there is no regulatory bar to state acquisition of a Title II site prior to final decommissioning.
2.
If Title I tailings are disposed - of in a Title II site, when is Title I remedial action complete? When does the Government accept title to the site (under Title I)? What happens to the licensee's sureties?
These three questions are interrelated because under Title I ownership is to pass to the
' United States upon completion of the remedial action (UMTRCA Section 104(f)(1)) and the site is to be maintained under a license issued to the Department of Energy (Section 104(f)(2)), thus potentially obviating the need for licensee sureties. The statute, however, only indirectly. addresses the question of when remedial action is complete. Section 108(a)(1) states that the Secretary of Energy must comply with the applicable EPA standards in carrying out a remedial action. The EPA standards in 40 CFR 192 for Title I sites require covering the tailings to reduce radon emanation with a cover design longevity of 1000 years. Accordingly, it could be concluded that remedial action is not complete, as a minimum, until there is a final 0
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It also follows that if Title I tailings have been deposited in a Title II site for disposal, and that Title I requires final
. cover for completion of remedial action, then the whole site would need to be closed because of 'the commingling. If this is the case then the licensee's sureties for ensuring site closure could be terminated, except for any portion. needed to ensure completion of a corrective action program inaugurated to comply with Title II ground water protection standards.
Final groundwater protection requirements have not yet been published for Title I sites. If, however, EPA follows the pattern it established for Title II 4
sites, groundwater protection becomes a matter of secondary importance after final cover is in place, assuming that any corrective action program would have been initiated prior to final cover.
3.
Would compliance with EPA Title II standards result in technical compliance with EPA Title I standards? Although the answer to this inquiry depends upon technical comparison of the two sets of standards and not on legal analysis, we would note that a commingled disposal site would have to meet the more stringent set of standards. Further, the EPA standards are not the only standards applicable to the Title II component. For the latter the closure requirements of 10 CFR Part 40, Appendix A, also apply.
- 4. Is remedial action completed when the Title I tailings have been deposited at the Title II site, or when the Title II site : is decommissioned?. Please see -
our response in paragraph 2 above.
- 5. Is' it permissible under Title II for owne?u of tailings disposal areas to charge a fee for accepting Title I materials? Is a license amendment needed to receive such material or to charge a fee? The NRC has no regulations governing the commercial relationships between its licensees and other persons. If the NRC licensee is authorized to receive and dispose of Title I tailings in his licensed tailings disposal area, he needs no authority from the NRC to charge for the service rendered. However, a license amendment would be needed to receive the Title I tailings.
We hope that this memorandum assists you in responding to Mr. Themells' i
letter. If you have any further question please call.
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Robert L. Fonner Deputy Director Regulations Division
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