ML20203H251
| ML20203H251 | |
| Person / Time | |
|---|---|
| Issue date: | 12/17/1997 |
| From: | Joseph Holonich NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Fields S AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20203H253 | List: |
| References | |
| NUDOCS 9712180355 | |
| Download: ML20203H251 (3) | |
Text
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NUCLEAR REGULATORY COMMISSION WASHINGMN, D.C. 20066 0001
'4 9 * * . * (,o-Decenber 17, 1997 Ms. Sarah M. - Fields P.O. Box 603 Moab, Utah 84532-0603
SUBJECT:
RESPONSE TO OCTOBER 3,1997, LETTER CONCERNING OCTOBER 1991 EPA /NRC/NRC AGREEMENT STATE MEMORANDUM OF UNLERSTANDING
Dear Ms. Fields:
I am writing in response to your letter of October 3,1997, to Ms. Karen Cyr of the U.S. Nuclear Regulatory Commission, Office of the Geneml Counsel, and me, in which you raised an additional question conceming the October 1991 Memorandum of Understanding (MOU) agreed to between NRC, the U.S. Environmental Protection Agency, and affected NRC Agreement States. This MOU concems the Clean Air Act Standards for Radon Releases from Uranium Mill Tailings (Subparts T and W,40 CFR Part 61). In particular, you asked whether changes to Attachment A of the MOU, made subsequent to October 1991, have altered the status or force and effect of the MOU.
Attachment A of the MOU provided target dates for the completion of final radon barrier placement on non operational tailings impoundments at 19 existing NRC- and NRC Agreement State-licensed uranium mill tailings disposal sites. As stated in the MOU, a guiding objective at the time the MOU was signed was to have the final placement of radon barriers at these sites occur by the end oi 1997, and within seven years of when the existing operating and standby sites ceased operation. The MOU also required that the final closure requirements be
' enforceable by NRC or the affected Agreement State.
To date, two NRC-licensed sites have completed placement of the final radon barrier for their tailings impoundments. For the remaining NRC-licensed sites, completion dates for placement of the final radon barrier have been affected for any of several reasons. These reasons, which were discussed in our September 30,1997, letter to you, include: (1) design changes to enhance the overall stabilization of the mill tailings, (2), impacts from groundwater restoration activities, and (3)in one case, financialinsolvency of the originallicensee. As a result, not all of the NRC licensees covered by the MOU will meet the MOU goal of December 1997 for the completion of radon barrier placement.
Schedules for the placement of final radon barriers have been incorporated in the licenses for ,
the NRC sites identified in Attachment A of the MOU, in accordance with the provisions of the lYOh. '
MOU.' The MOU allows NRC and Agreement States to approve IMensee requests to amend these schedules for reasons of technical feasibility, which include inclement weather, litigation which compels delays to barrier placement, and other factors beyond the licensee's control. d d N .
NRC has been publishing public notices in the Federa/ Registerupon receipt and approval of g p it C licensee requests to modify reclamation schedules, as required under the MOU.
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- S. Fields 1
- In summary, the status and the force and effect of the MOU remain unchanged, despite
- changes to Attachment A, which are allowed under the provisions of the MOU. NRC will
- continue to work with the licensees to complete the review of all aspects of uranium mill tailings '
reclamation, both groundwater cleanup and surface stabilization, such that radon barriers will be placed in the most timely manner possible.
I trust that this letter adequately addresses your concems.
Sincerely, ,
[0riginalsignedby]
Joseph J. Holonich, Chief Uranium Recovery Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards DISTRIBUTION: File Center PUBLIC NMSS r/f URB r/f KCyr, OGC MLayton CAbrams ACNW CNWRA CCain, RIV DGillen DSollenberger, OSP DOCUMENT NAME: S:\DWM\URBURP\ FIELDS 2.LTR OFC URB d OGC UR(3V h NAME JPark 0
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nich DATE 12//4/97 12/8/97 ,12/ h /97 OFFICIAL RECORD COPY 8
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S. Fields In summary, the status and the force and effect of the MOU remain unchanged, despite changes to Attachment A, which are allowed under the provisions of the MOU. NRC will continue to work with the licensees to complete the review of all aspects of urenium mill tailings reclamation, both Groundwater cleanup and surface stabilization, such that radon barriers will be placed in the most timely manner poss;ble.
I trust that this letter adequately addresses your concerns.
Sincerely,
-clh Joseph J. Holonich, Chief i
Uranium Recovery Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards v