ML20245D261
| ML20245D261 | |
| Person / Time | |
|---|---|
| Issue date: | 04/14/1988 |
| From: | Knapp M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Baublitz J ENERGY, DEPT. OF |
| Shared Package | |
| ML20245D264 | List: |
| References | |
| REF-WM-3 NUDOCS 8804290057 | |
| Download: ML20245D261 (3) | |
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John E. Baublitz, Director Division of Remedia?. Action Projects l
Office.of Terminal Waste Disposal and Remedial Action U.S. Department of Energy Washington, DC 20545
Dear Mr. Baublitz:
The Nuclear Regulatory Comission (NRC) has receiveo numerous inquires and has three pending applications requesting NRC authorization to dispose of "non-byproduct materials" in uranium mill tailings impoundments. This material includes wastes generated through activities regulated b States under the Atomic Energy Act of 1954, as amenced (y NRC 'or AgreementAct),asw classified as Naturally Occurring and Accelerator Produced Radioactive Materials (NARM). It is important to note that NRC does not have authority to regulate NARM.
A question that must be resolved to support NRC's decision on this issue is whether DOE would accept transfer of ownership of the disposal site, consistent with Section 83 of the Act, if non-byproduct material was~ disposed of in uranium mill tailings impoundments.
The waste materials referred to in the requests for disposal tend to have a number of things in corrrnon. They all contain nuclides of the natural decay chain that are in activity concentrations which are approximate to, or less than, that of uranium byproduct material tailings. Physically, the waste forms are also similar to uranium byproduct material wastes. However, they do not meet the regulatory definition of " byproduct material". The vast majority of these wastes are contaminated soils. As such, some of these wastes constitute appreciable volumes that would tax existing comercial low-level waste disposal sites or create the need for additional sites for disposal.
If-NRC decides to allow disposal of non-byproduct material'in uranium mill tailings impoundments, requests for such actions would be approved on a case-by-case basis following NRC staff evaluation to assure that all applicable requirements are met and that the added material would not adversely impact tailings reclamation. Prior to NRC approval, a licensee would need to obtain assurance from responsible authorities that the proposed disposal action would meet RCRA regulations and applicable State requirements for NARM. If the waste results from a CERCLA clean up action, then EPA CERCLA regulations would also need to be considered by the licensee to ensure that there is no issue regarding suitability of the site for disposal of CERCLA wastes.
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4/8/88
-2 As discussed with you previously, please determine whether DOE would accept ownership of uranium mill tailings impoundments containing the kinds of non. byproduct materials described above. We would appreciate a response as soon as practicable.
I:/
Malcolm R. Knapp, Director Division of Low. Level Waste Management and Decommissioning U.S. Nuclear Regulatory Comission DISTRIBUTION:
- See previous concurrence Central File NMSS rf LLOB rf SBIlhorn, LLOB MF11egel, LLOB PLohaus, LLOB JSurmeier, LLTB MKearney, LLRB JGreeves, LL)M MKnapp, LLWM RFonner, OGC DNussbaumer, SLITP RBangart, RGNIV i //
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- LLWM (( W C
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- MAME:SBilhorn/dfw:MF11egel :PLohaus :JGreeves :MKnapp :
nner :DNussbaumer d/14/8ll: /////88 : / /88 DATE: / /88
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0FFICIAL RECORD COPY
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