ML20212F108

Informs That NRC Has Reviewed Land Transfer Documents for Three Former Processing Sites Located in Co & Will Provide Concurrence After DOE Has Made Listed Revs

ML20212F108
Person / Time
Issue date:	09/14/1999
From:	Surmeier J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Rael G ENERGY, DEPT. OF
References
REF-WM-39 NUDOCS 9909280028
Download: ML20212F108 (3)

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NUCLEAR REGULATORY COMMISSION

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September 14, 1999 Mr. George Rael, Director U.S. Department of Energy Albuquerque Operations Office ERD /UMTRA P.O. Box 5400 Albuquerque, NM 87185-5400

SUBJECT:

TRANSFER OF FORMER URANIUM PROCESSING SITES AT NEW RIFLE, GUNNISON, AND DURANGO, COLORADO, TO LOCAL GOVERNMENTS UNDER THE URANIUM MILL TAILINGS RADIATION CONTROL ACT

Dear Mr. Rael:

In its letter of June 21,1999, the U.S. Department of Energy (DOE) requested that, as required by the Uranium Mills Tailings Radiation Control Act of 1978 (UMTRCA), the U.S. Nuclear Regulatory Commission (NRC) approve land transfer documents for three former processing sites located in Colorado that were remediated under the provisions of UMTRCA. The NRC staff has reviewed the documents and will provide concurrence after DOE has made the following l

revisions. The requested revisions to the quit claim deed (for all three sites) have generic features and should be in any subsequent UMTRCA land transfer documents. In addition, one comment is provided for your consideration.

REVISION 1:

At the bottom of the first page of the quit claim deed for all three properties, there is a paragraph which begins: " Grantee covenants to comply with the applicable provisions of UMTRCA,42 U.S.C. Section 7901, et seq., as amended..." Section (iv) of that paragraph should be revised to include additional text as indicated in bold: "...that any sale or transfer of the property described g

4 in this deed shall have prior written approval from the Grantor and the U.S. Department of 4Q (

Energy, and that any deed or other document created for such sale or transfer and any subsequent sale or transfer must include information stating that the property was once Q used as a uranium milling site and all other information regarding the extent of residual radioactive materials removed from the property as required by Section 104 (d) of the

}D Uranium Mill Tailings Radiation Control Act."

BASIS FOR THE REVISION:

The revision is needed to ensure that future owners of the site are informed of the nature and ongoing requirements associated with the site, y'

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REVISION 2:

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Section 104 (e)(1)(B) of UMTRCA (42 USC 7914) states that a State may donate lands where residual radioactive material has been removed pursuant to a cooperative agreement with DOE and the Commission "...to another governmental entity within such State for permanent use...by such entity solely for park, recreational, or other public purposes...." Gunnison County submitted

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a letter dated July 28,1998, indicating that one posible use for the Gunnison processing site would be a leased commercial business park with the revenue of such leases going to the County for public purposes. The NRC staff has determined that this proposalis within the

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definition of "public purposes" only if the profits or other benefits derived from this use benefit the j

general public rather than a few individuals.

The NRC staff believes that in addition to the condition in the deed which requires permission from DOE and the State to undertake construction, excavation, or soil removal, a condition should be added to the deed to clearly state that because transfer is being made under the i

i provisions of UMTRCA which allow transfer for "public purposes," any undertaking must include criteria which demonstrate to the State that any profits or benefits derived from the undertaking will be used for the public goed.

BASIS FOR THE REVISION:

The revision is needed to ensure that any future land use will meet the requirements of UMTRCA Section 104 (e)(1)(B).

COMMENT:

The DOE ietter of June 21,1999, states that "The three UMTRCA processing sites were previously certified clean by the NRC." This statement is not only incorrect but also very misleading. The word " clean" implies that all mill-related materials have been removed and that radioactivity levels from the residual material have been remediated, reducing these levels to background. While the NRC certified that the land (not groundwater) at these sites meet EPA radiological criteria (radium in soil and supplemental standards), the application of supplemental standards resulted in leaving some areas with many times the background level of certain radionuclides. This information should be clear on any letter or deed transferring these sites.

If you have any questions concerning the requested revisions or the comment, please contact Elaine Brummett at 301-415-6606.

Sincerely, John J. Surmeier, Chief Uranium Recovery and Low-Level Waste Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards cc: R. Edge, DOE GJ J. Deckler, CDPHE l

f G Rael 2

September 14, 1999 3

a letter dated July 28,1998, indicating that one possible use for the Gunnison processing site j

would be a leased commercial business park with the revenue of such leases going to the County for public purposes. The NRC staff has determined that this proposalis within the definition of "g$ublic purposes" only if the profits or other benefits derived from this use benefit the general public rather than a few individuals.

The NRC staff believes that in addition to the condition in the deed which requires permission from DOE and the State to undertake construction, excavation, or soil removal, a condition should be added to the deed to clearly state that because transfer is being made under the provisions of UMTRCA which allow transfer for "public purposes," any undertaking must include criteria which demonstrate to the State that any profits or benefits derived from the undertaking will be used for the public good.

BASIS FOR THE REVISION:

The revision is needed to ensure that any future land use will meet the requirements of Section 104 (e)(1)(B).

' COMMENT:

The DOE letter of June 21,1999, states that "The three UMTRCA processing sites were previously certified clean by the NRC." This statement is not only incorrect but also very misleading. The word " clean" implies that all mill-related materials have been removed and that radioactivity levels from the residual material have been remediated, reducing these levels to background. While the NRC certified that the land (not groundwater) at these sites meet EPA radiological criteria (radium in soil and supplemental standards), the application of supplemental standards resulted in leaving some areas with many times the background level of certain radionuclides. This information should be clear on any letter or deed transferring these sites.

If you have any questions concerning the requested revision or the comment, please contact Elaine Brummett at 301-415-6606.

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Sincerely,

Signed by]-

J ohn J. Surmeier, Chief Uranium Recovery and Low-Level Waste Branch Division of Waste Management Office of Nuclear Material Safety i

ud Safeguards of7 M 5 5 cc:.R. Edge, DOE GJ J. Deckisr, CDPHE DISTRIBUTION :

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