ML20199D573
| ML20199D573 | |
| Person / Time | |
|---|---|
| Issue date: | 01/30/1986 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Stello B, Stello V, Stelo B NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20198R528 | List: |
| References | |
| FRN-49FR46425, RULE-PR-40 AB56-1-2, AB56-1-52, NUDOCS 8603240248 | |
| Download: ML20199D573 (3) | |
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_g REonner, ELD J0 Bunting RDSmith, URF0 DMausshardt RECunningham,FC JLambert (Retum ta Y'T' ("CS) i-DNussbaumer, SP SFGagner, PA MEMORANDUM FOR:
Victor Stello, Jr.
WPaton, ELD LCobb, IE Acting Executive Director for Operations MLesar, DRR NJensen, 0GC FROM:
John G. Davis, Director DMartin Office of Nuclear Material Safety MHaisfield and Safeguards BMartin, RIV MWeber
SUBJECT:
PROPOSED RUL2 MAKING " URANIUM MILL TAILING REGULATIONS: WFord GROUND-WATER PROTECTION AND OTHER ISSUES" JStewart,RES Enclosed for your concurrence and signature is a Commission paper to obtain Commission approval to publish proposed amendments to 10 CFR Part 40.
This action is necessary to complete conformance of the Commission's rules to standards issued by the Environmental Protection Agency (EPA).
Conformance was mandated by Congress. We received ED0 approval to continue this rulemaking by memorandum dated May 29, 1985.
The Commission is meeting the mandate to conform in two steps.
The first step, which conformed to and incorporated the stability and radon release provisions of the EPA standards, was completed with publication of final rule changes October 16, 1985 (50 FR 41852).
The second step, which is covered by this paper, is'to incorporate the ground-water protection requirements of the EPA standards.
With regard to ground-water protection requirements, section 84a(3) of the AEA directs NRC to assure that mill tailings are managed in a manner that is comparable with EPA's requirements for management of similar hazardous j
material under the Solid Waste Disposal Act (SWDA).
EPA incorporated some of its SWDA permitting regulations by direct reference into its mill tailings standards, to which we must conform, but left to NRC discretion which additionsl requirements in its SWDA regulations might be appropriate for mill tailings.
The proposed rule (enclosed) only includes the non-discretionary changes necessary to finish conforming to EPA's standards.
l In a memorandum from me to William J. Dircks dated June 28, 1965, we described the scope of rulemakir.g we planned to pursue for the seccnd step, i.e.,
l modifying our rules in 10 CFR Part 40 to add the ground-water provisions which are directly referenced in the EPA standards in 40 CFR Part 192.
As you are probably aware, the state of the industry continues to decline and we continue to believe that' the enclosed approach represents the best use of agency resources.
In addition, the Commission asked that the ground-water rulemaking be forwarded as soon as possible.
(Reference the September 30, 1985 memorandum to Dircks from Chilk approving publication of the radon and stability conforming action l
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213/KD/86/01/30 as a final rule.) Any rulemaking to incorporate the other portions of the SWDA regulations left to NRC's discretion would only delay conformance.
Staff believes that the combination of conformed regulations, policy and guidance, and license conditions can adequately meet the mandate to be comparable with EPA's SWDA requirements for the foreseeable future.
l This proposed rulemaking action has been coordinated with the Region IV Uranium Recovery Field Office, the Division of Fuel Cycle and Material Safety, the Waste Management Branch in RES, the Division of Rules and Records, and the Office of Puolic Affairs. The Executive Legal Director has no legal objection.
The Office of State Programs concurs. No significant disagreements or issues have been identified.
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John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
Commission Paper URF0
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213/KSD/86/01/13/1 The Office of State Programs concurs.
No significant disagreements or issues have been identified.
John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
Commission Paper
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