ML20205N069
| ML20205N069 | |
| Person / Time | |
|---|---|
| Issue date: | 04/01/1999 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Merschoff E, Paperiello C, Treby S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| NUDOCS 9904160138 | |
| Download: ML20205N069 (3) | |
Text
. .
APR 1 -1999 MEMORANDUM TO: Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards Stuart A. Treby, Assistant General Counsel for Rulemaking and Fuel Cycle Ellis W. Merschoff, Regional Administrator Region IV OdelnalSigned By:
FROM: Paul H. Lohaus, Director PAULH.LOHAUS Office of State Programs
SUBJECT:
UTAH LETTER REGARDING WHITE MESA URANIUM MILL Attached for your information is a March 15,1999 letter from Mr. William J. Sinclair, Director, Utah Division of Radiation Control. Mr. Sinclair expresses concem regarding an amendment request from the International Uranium Corporation (IUC) to NRC to allow the processing of waste materials from the U. S. Army Corps of Engineers, St. Louis FUSRAP site at the White Mesa Uranium Mill near Blanding, Utah.
I have attached a copy of my response to Mr. Sinclair acknowledging receipt of his letter.
Attachments:
As stated cc: Dan Martin, EDO lt I i
Distribution:
DIR RF (9 59) JGreeves, NMSS/DWM DCD (SP08)
SDroggitis JSurmeier, NMSS PDR (YES.f_ NO )
Utah File MHFliegel, NMSS/DWM/ URB MLMclean, RIV ri CHackney, RIV gOOgU l
DOCUMENT NAME: G:\ LAB \SINCLAIR.WPD, ( *See previous concurrence..
T
- receive a copr of thle document, indicate in the tiev *C" = Copy Wrl(xjt attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE OSP { OS$:$ //l l l l NAME LBolling:nb:kk PHLoha'p sP' DATE 04/\ /99 03/3J/99* ._
OSP FILE CODE: SP-AG-28 1 9904160138 990401 9
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MEMORANDUM TO: Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards Stuart A. Treby, Assistant General Counsel for Rulemaking and Fuel Cycle Ellis W. Merschoff, Regional dministrator Region IV FROM: Paul H. Lohaus, Director Office of State Programs
SUBJECT:
UTAH LETTER REGARD NG WHITE MESA URANIUM MILL Attached for your information is a March 15,1999 lett r from Mr. William J. Sinclair, Director of the Utah Division of Ra:fiation Control. Mr. Sinclair e presses concern regarding an amendment request from the International Uranium Corporation ( UC) to NRC to allow the processing of waste materials from the U. S. Army Corps of Engin ers, St. Louis FUSRAP site at the White Mesa Uranium Mill near Blanding, Utah.
The Office of State Programs plans to acknowledg Mr.' Sinclair's letter, however, no comment on the amendment request or NRC guidance is pl ned in our reply at this time. I have also attached for your information, a March 19,1999 I ter from IUC to the State of Utah.
Attachment:
As stated i cc: Dan Martin, EDO I
Distribution:
DIR RF (9-59) DCD (SP08)
SDroggitis PDR (YES_/_. NO )
Utah File MHFlif 'el, NMSS/DWM/ URB MLMck ;n, R-IV DOCUMENT NAME: G:\ LAB \SINCLAIR.WPD.
To receive a cop r of th6s document. Indicate in the box: "C" a Copy without a nt/ enclosure 'E" = Copy with attachment / enclosure *N" = No copy OFFICE OSP Yd[l OSP:D l l NAME LBolling:rkkR /A PHLohaus /
DATE 03/31/9d 03/ /99 / .
9 % UNITED STATES
,, j NUCLEAR REGULATORY COMMISSION p ,"2 WASHINGTON, D.C. 200 5 4 001
- % , , # April 1, 1999 MEMORANDUM TO: CarlJ. Paperiello, Director Office of Nuclear Material Safety and Safeguards Stuart A. Treby, Assistant General Counsel for Rulemaking and Fuel Cycle Ellis W. Merschoff, Regional Administrator ,
Region IV i
FROM: Paul H. Lohaus, Director Office of State Programs ; p- y M
SUBJECT:
UTAH LETTER REGARDING WHITE MESA URAN!UM MILL Attached for your information is a March 15,1999 letter from Mr. William J. Sinclair, Director, Utah Division of Radiation Control. Mr. Sinclair expresses concern regarding an amendment request from the International Uranium Corporation (IUC) to NRC to allow the processing of waste materials from the U. S. Arrny Corps of Engineers, St. Louis FUSRAP site at the White Mesa Uranium Mill near Blanding, Utah.
I have attached a copy of my response to Mr. Sinclair acknowledging receipt of his letter.
Attachments:
As stated cc: Dan Martin, EDO l
l l
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r e
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. ('! L! dil DEPARTMENT OF ENVIRONMENTAL QUALITY
% DIVISION OF RADIATION CONTROL Michael o. Leavitt 168 North 1950 West G'*" P o. Box I44850 Dianne R. Nielson. Ph.D. sah lake City, Utah 84114-4850 5 Execuuve Dmu' (801)536-4250 William i sinclair (801) 533-4097 Fax Dmus (801) 536-4414 T.D D.
www.deq state.ut.us Web 6
March 15,1999 p p N$
Paul H. Lohai;s, Director c
Office of Stati Programs QH Nuclear Regulatory Commission Washington, D.C. 20555
Dear Mr. Lohaus:
The purpose of this correspondence is to notify you of an issue of concern to the State of Utah regarding management of waste materials by the U. S. Army Corps of Engineers under the FUSRAP program. Contracts have been awarded by the Corps to International Uranium Cogoration (IUC) ,
which operates White Mesa Uranium Mill near Blanding, Utah. IUC applied for a license amendment through the Nuclear Regulatory Commission (NRC) to receive waste materials from these sites as alternate feed materials. Recently, the State received a copy of another amendment request to the NRC which would allow IUC to receive, process, and dispose of over 1,000,000 cubic ;
yards of waste from the St. Louis FUSRAP site. j l
l The State of Utah has objected to NRC amendments to the IUC White Mesa Radioactive Materials License to receive, process, and dispose of Ashland II and Ashland I wastes from Tonawanda, New York. The State has shown through its filings with the NRC that the recipient of alternate feed materials may collect a disproportionate amount of revenue from disposing of the waste, while failing to demonstrate that the material is being processed primarily for the recovery of source j material. The State believes that such action by the uranium mill constitutes commercial waste :
disposal or sham recycling. The NRC Guidance was intended to prevent this from occurring. )
However, interpretation by the NRC staff has toutedjust the opposite, that processing of alternate feed material irrespective of source material content is a legitimate recycling activity. The State of Utah is appealing the NRC administrative mling to the full Commission, so they will recognize and act upon this major policy issue.
It should be noted that Utah has supported processing by the uranium mill of material which could i be shown to be processed primarily for the re-covery of source material. IUC's processing of the l Cotter Concentrates (from the Manhattan Project), while a controversial policy decision, is a good I
example of the Utah's commitment to legitimate reprocessing. Recognize also that, in Utah, operation of a commercial radioactive or hazardous waste disposal facility requires specific siting
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and licensing approvals, including county, legislative, and gubernatorial approval. The White Mesa j . Mill is not licensed to operate as a cormnercial waste disposal facility.
Additionally, the State of Utah has requested a groundwater discharge permit from IUC. The State and IUC are attempting to reach agreement on ground water sampling. However, to date, IUC has refused to comply with the State's request for the groundwater discherge permit. The State of Utah believes a State groundwater permit is necessary to provide an appropriate level of protection for waters of the State, whether the facility operates as a uranium mill or a commercial waste disposal facility.
I appreciate your recognition of these important regulatory and policy problems. If you wish to discuss the implications of the Corps action in more detail, please contact me.
Sincerely, l
William J. Sincl.
Director-cc: Charles A. Hackney, NRC Region IV Milt Lammering, EPA Region VIII Senator Lane Beattie Representative Marty Stephens Ted Stewart, Governor's Office Dianne R. Nielson, Utah Dept.of Environmental Quality Joanne Neumann, Governor's Washington Office Earl Hoellen, International Uranium Corporation l
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p t. UNITED STATES g j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 3068H001 4, . . . . . ,o April 1, 1999 Mr. William J. Sinclair, Director DMsion of Radiation Control Department of Environmental Quality 168 North 1950 West P.O. Box 144850 Salt Lake City, UT 84114-4850
Dear Mr. Sinclair:
)
Thank you for your March 15,1999 letter, regarding the intemational Uranium Corporation (IUC) White Mesa Uranium Milllicense amendment request. !
I have provided a copy of your letter to NRC Headquarters and Regional management for their I information. <
We appreciate your sharing your views and concems on the regulatory issues associated with the IUC license amendment request.
Si erely,
, IA N' )-( {W Pau Lt. Lohaus, Dir6ctor Office of State Programs l
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Ik O i DEPARTMENT OF ENVIRONMENTAL QUALITY j DIVISION OF RADIATION CONTROL Michael o. leaviu 4 168 Ncath 1950 West 0" "
, P.o. Box 144850 thanne R. Nielson. Ph D. g salt Lake City, Utah 841144850 Emuuve ihmtev r (801)5364 250 Williarn J. staclair { (801) 5334097 Fax Ih*""
g (801) 5364414 T.D.D.
( www.deq. state.ut.us Web March 15,1999 o Sp IC Paul H. Lohaus, Director Office of State Programs "h
E Nuclear Regulatory Commission Washington, D.C. 20555 i
Dear Mr. Lohaus:
The purpose of this correspondence is to notify you of an issue of concern to the State of Utah regarding management of waste muerials by the U. S. Army Corps of Engineers under the FUSRAP program. Contracts have been awarded by the Corps to International Uranium Corporation (IUC) l which operates White Mesa Uranium Mill near Blanding, Utah. IUC applied for a license i amendment through the Nuclear Regulatory Commission (NRC) to receive waste materials from these sites as alternate feed materials. Recently, the State received a copy of another amendment request to the NRC which would allow IUC to receive, process, and dispose of over 1,000,000 cubic yards of waste from the St. Louis FUSRAP site.
The State of Utah has objected to NRC amendments to the IUC White Mesa Radioactive Materials License to receive, process, and dispose of Ashland II and Ashland I wastes from Tonawanda, New York. The State has shown through its filings with the NRC that the recipient of altemate feed materials may collect a disproportionate amount of revenue from disposing of the waste, while failing to demonstrate that the material is being processed primarily for the recovery of source material. The State believes that sucli action by the uranium mill constitutes commercial waste disposal or sham recycling. The NRC Guidance was intended to prevent this from occurring.
However, interpretation by the NRC staff has toutedjust the opposite, that processing of alternate feed material irrespective of source material content is a legitimate recycling activity. The State of Utah is appealing the NRC administrative mling to the full Commission, so they will recognize and act upon this major policy issue.
It should be noted that Utah has supported processing by the uranium mill of material which could be shown to be processed primarily for the recovery of source material. IUC's processing of the Cotter Concentrates (from the Manhattan Project), while a controversial policy decision, is a good example of the Utah's commitment to legitimate reprocessing. Recognize also that, in Utah, operation of a commercial radioactive or hazardous waste disposal facility requires specific siting l
TCE503@ %/8
1 l
1
- March 15,1999 ;
Page 2 l
and licensing approvals, including county, legislative, and gubematorial approval. The White Mesa l Mill is not licer .i to operate as a commercial waste disposal facility. l Additionally, the State of Utah has requested a groundwater discharge permit from IUC. The State ;
and IUC are attempting to reach agreement on ground water sampling. However, to date, IUC has refused to comply with the State's request for the groundwater discharge permit. The State of Utah believes a State groundwater permit is necessary to provide an appropriate level of protection for waters of the State, whether the facility operates as a uranium mill or a commercial waste disposal )
facility.
1 I appreciate your recognition of these important regulatory and policy problems. If you wish to discuss the implications of the Corps action in more detail, please contact me.
Sincerely, i
i I William J. 'ncl' Director cc: Charles A. Hackney, NRC Region IV Milt Lammering, EPA Region VIII Senator 12ne Beattie Representative Marty Stephens Ted Stewart, Governor's Office Dianne R. Nielson, Utah Dept.of Environmental Quality Joanne Neumann, Governor's Washington Office 1 Earl Hoellen, International Uranium Corporation i