ML20198M837
| ML20198M837 | |
| Person / Time | |
|---|---|
| Issue date: | 01/09/1998 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Weinstock L ENVIRONMENTAL PROTECTION AGENCY |
| References | |
| REF-WM-3 NUDOCS 9801200135 | |
| Download: ML20198M837 (5) | |
Text
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'4 UNITED GTATES I
".g-NUCLEAR REGULATORY COMMISSION f
WASHINGTON, D.C. 20086-0001
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January 09, 1998 4
Mr. Larry Weinstock, Acting Director Office of Radiation and Indoor Air U.S. Environmental Protection Agency Mail Code 6601J Washington, D.C. 20460
SUBJECT:
SUBPART T, MEMORANDUM OF UNDERSTANDING
Dear Mr. Weinstock:
The purpose of this letter is to provide an update of developments related to the Menarandum of Understanding (MOU), dated October 23,1991, betweer' the U.S. Environmental Prote tion Agency (EPA), the U.S. Nuclear Regulatory Commissio 1, and the States of Colorado, Texas, and Washington, regaruing the Clean Air Act standards for radon releases from uranium mill tailings sites (40 CFR Part 61, Subpait T). The goal of the MOU is to ensure that owners of existing non-operational uranium mill tailings disposal sites, licensed by NRC or the affected Agreement States, complete emplacement of a final radon barrier as expeditiously as practicable. The schedules for accomplishing this were developed on o site-specific basis for all sites undergoing reclamation at the time of the MOU In addition, a goal of December 31, 1997, was established for those sites covered by the MOU.
According to the MOU, licensees may request an extension of the date for completion of E. final radon barrier bned on a demonstration that compliance was riot technologically feasible, for 4
reasons including 5 clement weather, litigation, or other factors beyond the liconsee's control.
Three licensees have completed placement of the final radon barrier, w+1ile ten licensees have not.- The three sites that have successfully comp!cted placement of the final cover are the Atlantic Richfield Company Bluewater cite (December 29,1995), the Quivira Mining Company's Ambrosia Lake site (September,1996) and Western Nuclear Inc's Split Rock site f
(November 21,1997). Final radon flux measurements have been revhwed and the final radon barrior has been appromd by the NRC for the Atlantic Richfield Company Bluewater site, but
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final approval has not yet been given by the NRC for the other two sites. For the remaining ten g
sitos, there are several reasons why the December 1997 MOU goal was not met.
in our Aup st 16,19%, letter to Ms. Ramona Trovato; we identified those licensees which had been grara J extensions beyond the December,1997, completion date in the MOU.- An Q8"O extension was given for Umetco's Gas Hills site, because Umetco Minerals Corporation found that additional cleanup of contaminated soil was needed. Petrotomic Company's Shirley Basin site,' has experienced delays because of tbs continuation of groundwater corrective action and the desire to have the cell available to dispose of additional contaminated material that may be 9901200135 990109 L(o
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encountered in the course of site reclamation. The portion of the Petrotomic's site that will be without a final radon barrier is six percent.
Since August 1996, NRC has approved five additional licensees' requests for ar. extension beyond the December 1997 compietion. NRC approved an extension for Atlas' Moab site, because there has been a large amount of public cor:troversy surrounding this site, and because NRC has yet to accept the proposed site reclamation plan. At Homestake Mining Company's Milan site, the placeraent of the firal radon barrier on the large tailings impoundrrent has not been accomplished, because settlement has not reached 90 percent of that expected. If Homestake were to complete olacement at this time, significant future settlement could occur, causing cracking of the f;%I radon barrier. At Union Pacific's Bear Creek site, inclement weather conditions caused significant delays in the construction of the final radon bairier. The Pathfinder Shirley Basin and the Pathfinder Lucky Mc sites have been given an extension, because it is taking longer than expected to dewater the impoundments. In addition, NRC is still raviewir9 the Pathfinder Shirley Basin rec:amation plan design. NRC expects to complete its review of the Pathfinder Shirley Basin reclamation plan on a schedule that would allow work to begin during the construction period starting in the spring of 1998.
Finally, NRC staff are currently interacting with three licensoes to determine when the final covers will be completed. Rio Algom Mining Company's Lisbon site and United Nuclear Corporation's Churchrock site are still undertaking groundwater corrective actions. Because the evaporation ponds for this work are on top of a portion of the impoundment, it will not be possible to complete radon barriers for these two impoandments until the groundwater restoration work is complete. At these two sites, the remainder of the impoundments are covered by a final radon barrier. The American Nuclear Corporation's Gas Hills site is currently being reclaimed by the State of Wyoming. Placement of this radon barrier is complete on pile two. Placement of the final barrier on pile number one will t'c initiated after NRC approves the final design. We are currently waiting for the State of Wyoming to submit the design.
Although the placement of fint.1 covers at ten of the facilities has not yet been achieved, all but one of the ten impoundments have been covered with an intenm cover to decrease the potential for tailings dispersal and erosion. The interim covers have reduced radon gas release f:oru the tailings. The one impoundment without a completed interim cover (Pathfinder Lucky Mc), is 60 percent covered by water and an interim cover, leaving 40 percent uncovered. The water and interim cover should significantly reduce radon emissions from this impoundment.
Therefore, any potentia! threat to public health or the environment from radon gas release from these sites should be low.
Consistent with the MOU, NRC has been noticing all such actions related to changes in the completion dates of radon bamers in the Federal Regi9.ter. NRC will continue to work closely with EPA on any future requests by licensees for exemption to dates for final placement of radon barriers. Therefore, Mr. John T. Greeves, Director of NRC's Division of Waste Management would like to rieet with you in the near future to discuss future actions of the NRC to assure the timely place nent of final radon barpers.
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j-L. Weinstock 3
f you have any questions conceming this subject, please contact me or Mr. Joseph J. Holonich,-
Chief of the Uranium Recovery Branch. I can be reached at (301) 415-7800, and Mr. Holonich at (301) 415-7238.
Sincerely, i
/
f Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards i
cc: B. Bunger, EPA M. Lammering, EPA, Denver k
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L. Weinstock 3
January 09, 1998 i
If you have any cuestions concernin this subject, please contact me or Mr. Joseph J. Holonich, a
Chief of the Uranium Recovery Branch. I can be reached at (301) 415-7800, s..d Mr. Holonich at (301) 415-7238.
Sincerely,
[W. Kane for C. Paperiello]
Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards cc: B. Bunger, EPA M. Lammering, EPA, Denver DISIBlBUTION:
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4 L. Weinstock 3
January 09, 1398 If you have any questions concerning this subject, please contact me or Mr. Joseph J. Holonich, Chief of the Uranium Recovery Branch.' I can be reached at (301) 415-7800, and Mr, Holonich at (301) 415-7208.
Sincerely,
[W. Kane for C. Paperiello]
Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards cc: B. Bunger, EPA M. Lammering, EPA, Denver i
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)7p -> zoco /L?, NW Ms. Ramona Trovato, Director O O '")
Office of Radiation and Indov Air "E. - c o -u m e U.S. Environmental Protection Agency 6sc C m r.
Mail Code 660lJ Washington, D.C.
20460
SUBJECT:
SUBPART T MEMORANDUM 0F UNDERSTANDING
Dear Ms. Trovato:
The purpose of this letter is to provide an update of developments related to the Memorandum of Understanding-(MOU), dated October 23, 1991, t,etween the
- U.S. Environmental Protection Agency (EPA), the U.S. Nuclear Regulatory
-Commission, and the States of Colorado, Texas, and Washington, regarding the Clean Air Act standards for radon releases from urar,ium mill tailings sites (40 CFR Part 61, Subpart T). The goal of the MOU is to ensure-that owners of, existing non-operational uranium mill tailings disposal sites, licensed by NRC or the affected Agreement States, complete emplacement of a final radon barrier as expeditiously as practicable. The schedules for accomplishing this were developed on a site-specific basis for all sites undergoing reclamation at the time of the MOU.
In addition, an ultimate completion date of December 31, 1997, was established for those sites undergoing reclamation.
According to the MOU, licensees may request an extension of the dates for completion of a final radon barrier based on demonstration that compliance was not technologically feasible, (including inclement weather, litigation, or other factors beyond the licensees' control).
Presently, NRC has approved three licensees' reauests for an exten'sion beyond the December 1997 completion date in the M00.
These licensees are the Umetco Minerals Corporation (Umetco), Petrotomics Company (Petrotomics), and Western Nuclear Inc. (WNI).
The extension was given for Umetco's Gas Hills site in Wyoming, because Umetco found that aoditional cleanup of contaminated soil was needed.
Umetco plans to dispose of the c.. laminated soil in the currently open tailings disposal cell. Therefore, the cleanup work requires that the currently open disposal cell at the Umetco site remain open until final cleanup of the contaminated soil. Umetco estimated that the additional time needed to complete cleanup of the contaminated' soil would delay placement of the radon barrier until Deceinber 1999.
At WNI's Split Rock, Wyoming, site, a small portion of the radon barrier, approximately 20 percent, will not.be in place by December 1997.
This is hecause initial placement of the radon barrier at the Split Rock site was uolayed due-_to inclement weather and difficulty in achieving consolidation and clay cover moisture / density placement.
For the portion of the disposal cell affected, WNI has a completi n'date for the radon barrier of December 1998.
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R. Trovato 2
With respect to Petrotomics' Shirley Basin site in Wyoming, Petrotomics has notified NRC that approximately six percent of its final radon barrier will not be in place until December 31, 2001.
The reasons cited by Petrotomics were:
- 1) to maintain an area of the tell to place contaminated material that may be encountered in the course of site reclamation, and for the disposal of evaporation pond material; and 2) to continue pumping of a groundwater corrective action well that is located within a nine-acre area of tailings to be reclaimed by December 31, 2001.
The NRC has approved the December 2001 date for the nine' acres at the Petrotomics site.
Consistent with the MOU, NRC has been noticing all such actions related to changes in the completion dates of radon barriers in the Federal Realster.
Additionally, NRC has been coordinating these revisions with Ms. Gale Bonanno of your staff.
The NRC will continue to work closely with EPA on any future requests by licensees for exemption to dates for final placement of radon
' barriers.
If you have any questions concerning this subject, please contact me or Mr. Joseph J. Holonich, Chief of the Uranium Recovery Brinch.
I can be reached.at (301) 415-7800, and Mr. Holonich at (301) 41S-7238.
Sincerely, Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards cc:
G. Bonanno, EPA DISTRIBUTION:
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encountered in the course of site reclamation, and for the disposal of evaporation pond material; and 2) to continue pumping of a groundwater correctivo action well that is located within a nine-acre area of tailings to l
be reclaimed by December 31, 2001. The NRC has approved the December 2001 date ior the nine acres at the Petrotomics site.
Consistent with the MOU, NRC has been noticing all such actions related to changes in the completion dates of radon barriers in the Federal Baaister.
Additionally, NRC has been coordinating thesc revisions with Ms. Gale Bonanno of your staff. The NRC will continue to work closely with EPA on any future requests by iicensees for exemption to dates for final placement of radon barriers.
If you have'any questions concerning this subject, please contact me or Mr. Joscah J. Holonich, Chief of the Uranium Recovery Branch.
I can be reached at (301) 415-7800, and Mr. Holonich at (301) 415-7238.
Sincerely, Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards cc:
G. Bonanne, EPA DISTRIBUTI0t!:
File Center NMSS r/f DWM r/f hg URB r/f PUBLIC AGarcia CCain, RIV JSurmeier MBell MWeber PSobel 00 r/f DOCUMENT NAME:
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L. Weinstock 3
If you have any questions concerning this subject, please contact me or Mr. Joseph J. Holenich,
~ Chief of the. Uranium Recovery Branch. I can be reached at (301) 415-7800, and Mr. Holonich at (301) 415-7238.
Sincerely, Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards
' cc: ' B. Bunger, EPA M. Lamring, EPA, Denver a
b DISTRIBUT10B File Center NMSS r/f URB r/f PUBLIC CNWRA CCain, RIV ACNW NMSS D.O.r/f RJohnson DWM r/f MLayton CAbrams MWeber DOCUMENT NAME: S:\\DWM\\ URB \\WHF\\EPAST3.WPD
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L. Weinstock If you have any questions concerning his subjec;l please contact me or Mr. Joseph J.- Holonich, Chief of the Uranium Recovery Branch. I can be reached at (301) 415-7800, and Mr. Holonich at (301) 415-7238.
Sincerely,
-N h
. Car! J. Paperiello, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated
. cc: B. Bunger, EPA M. Lamring, EPA, Denver 6
1 DISTRIEUTION:
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DATE 12/ff/97-12//A97 12h'97 12/ /97 12/ /97 OFFICIAL RECORD COPY
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