ML20236C768
| ML20236C768 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 07/16/1987 |
| From: | Holahan G Office of Nuclear Reactor Regulation |
| To: | Hind J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| References | |
| TAC-64797, TAC-64980, NUDOCS 8707300184 | |
| Download: ML20236C768 (3) | |
Text
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RI 61987 Docket Hos. 50-266 m Docket;or, Central File I
and 50-301 NRC & Local PDRs PD III-3 Reading i
DWigginton GHolahan DWagner PKreutzer MEMORANDUM FOR:
Jack A. Hind, Director Division of Radiation Safety and Safeguards Region III FROM:
Gary Holahan, Assistant Director for Regions III and V Reactors Office of Nuclear Reactor Regulation
SUBJECT:
POINT BEACH 1 AND 2 - ONSITE DISPOSAL OF CONTAMINATED SANITARY SEWAGE SLUDGE - TACS 64797 AND 64980 In'a memorandum dated March 20, 1987 (J. Hind to T. Novak), you requested guidance concerning the acceptability of onsite land disposal of slightly contaminated sludge from a sanitary sewage treatment plant at Point Beach.
The answers to questions raised in your memo are as follows:
1.
The provisions of 10 CFR 50.59(a)(1) do not apply to this situation.
2.
The described licensee practice is not in compliance with 10 CFR 20.301.
The licensee should obtain approval for such disposals in accordance with 10 CFR 20.302. The provisions of 10 CFR 20.303 are not applicable to these disposals.
3.
We have not assessed the generic implications of this matter, however, L
NRC approval, pursuant to 10 CFR 20.302, or Agreement State approval, as
[
appropriate, must be obtained for disposal of radioactively contaminated sludge from a sanitary sewage treatment facility at a nuclear power station.
The provisions of 10 CFR 50.59, specifically section (a), allow a licensee to l
make changes in the facility as described in the safety analysis report, make changes in the procedures as described in the safety analysis report, and conduct tests or experiments not described in the safety analysis report l
without prior Commission approval unless the changes, tests or experiments I
involve a change to a technical specification or an unreviewed safety' question. Before a licensee can argue the merits of technical specification changes or unreviewed safety questions, the facility or procedures must have L
been part of the safety analysis report. However, the sanitary sewage system for Point Beach 1 and 2 is not within the scope of the safety analysis report and, therefore, the provisions of 10 CFR 50.59 do not apply.
Section'20.301 of 10 CFR Part 20 requires that licensed radioactive material be l
disposed of only (a) by transfer to an authorized recipient; or (b) as authorized.
p(ursuant to 10 CFR 20.302 or 10 CFR Part 61; or (c) as provided in 10 CFR 20.3 wastes) or in 10 CFR 20.106 (radioactivity in effluents to unrestricted areas).
8707300184 870716S PDR ADOCK 05000266 P
PDR L
s
. For nuclear power stations, additional more restrictive requirements on waste
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disposal are contained in the EPA regulation 40 CFR 190 and in the radiological effluent technical specifications (RETS). The RETS include requirements that releases of liquid and gaseous effluents be controlled and monitored at specified release points.
Licensee representatives have indicated that the disposals of sludge by land spreading were made in accordance with a Wisconsin Pollution Discharge Elimi-nation System (WPOES) permit. However, this permit does not authorize the i
disposal of the licensed radioactive material in the sludge.
i Licensee representatives have indicated their belief that their actions were in compliance with regulatory requirements for disposal of licensed material because they met the requirements of 10 CFR 20.303 for disposal into a sanitary sewerage system, and their subsequent disposition of sludge was consistent with measures that would be taken by the operators of any sanitary sewerage system.
However, this belief is incorrect.
10 CFR 20.303 was first promulgated in 1957 before the construction of nuclear power stations having onsite sanitary sewage treatment. facilities. The sanitary sewerage systems discussed in 10 CFR 20.303 are sanitary sewerage systems that extend beyond a licensee's facility and a licensee's control, such as a municipal sanitary sewerage system. The sanitary sewerage system at Point Beach is onsite and entirely within the licensee's control. The liquid effluent from the sewerage system and sewage treatment facility is included in an effluent release pathway that is subject to control and monitoring in accordance with technical specification requirements. The licensed radioactive material contained in the sewage sludge removed from this pathway has been diverted from a controlled and monitored effluent pathway and has been concentrated in the sludge.
It must, therefore, be disposed of in accordance with 10 CFR 20.301.
The sludge has not been disposed of in accord-ance with 10 CFR 20.303. Considering the other disposal options provided in 10 CFR 20.301 for disposal of the sludge, NRC approval pursuant to 10 CFR 20.302 appears to be the most feasible.
(In an Agreement State, such approvals must be obtained from the Agreement State rather than the NRC.) The licensee ha:,
estimated that the land disposal of the sewage sludge would result in annual doses of much less than one millirem; thus, there should be little difficulty in obtaining NRC approval for this disposal pursuant to 10 CFR 20.302. The alternative to disposal pursuant to 10 CFR 20.302 would be disposal at a licensed disposal site pursuant to 10 CFR Part 61.
To date, the NRC has received one application pursuant to 10 CFR 20.302 for disposal of radioactively contaminated sewage sludge from a sanitary sewage treatment facility at a nuclear power station.
This was a request from the Duke Power Company for disposal of contaminated sludge at its Oconee Nuclear Station.
In this case, the requested method of disposal was by transfer to a contracted vendor for transport to a publicly owned treatment works. The NRC found the request acceptable; however, because Oconee is in an Agreement State, South Carolina, it was necessary for the licensee to obtain approval of the State for this disposal of by-product material. Without NRC or Agreement State approval, as appropriate, such a transfer of contaminated sludge would
'be in violation of 10 CFR 20.301 or the comparable Agreement State regulations.
I w
w l
-In' summary, the. licensee is not disposing.of the slightly radioactive sludge-
'in accordance with 10 CFR 20.301..In accordance with 10 CFR 20.302;..NRC approval:(or Agreement ~ State approval) must be obtained for the: disposal of
' radioactively contaminated. sludge from the sanitary sewage treatment system at i
Point? Beach.
l This response to your request.has been coordinated with the Division of-._
l Low-Level Waste Management and Decommissioning, NMSS,.the Division of Fuel Cycle, Medical, Academic, and 'Comercial Use: Safety, NMSS, Land the A/D for.
l 4
State Agreement Programs, Office of Governmental and Public Affairs. The l
Office of the General Counsel has concurred.
Orldnal Sigi:td ey:-
Gary Holahan, Assistant Director for Regions III and V Reactors.
Office of Nuclear Reactor Regulation cc:.L. Hueter,. Regio'n III..
M.-Schumaker, Region III J.. Buchanan, NRR L. Cunningham, NRR' i
- Office: LA/PDIII-3 7M/PDTII-3 PD/PDIII-3 A
SP Surname: reh'rer DWagner/r1 Gligginton GHolahan Date:
0 /q /87 07 /0 /87 07
/87 07/f(/87
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