ML20245D348
| ML20245D348 | |
| Person / Time | |
|---|---|
| Issue date: | 04/14/1988 |
| From: | Knapp M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| Shared Package | |
| ML20245D264 | List: |
| References | |
| REF-WM-3 NUDOCS 8805100357 | |
| Download: ML20245D348 (3) | |
Text
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'4/12/88-APR I 41988 MEMORANDUM FOR: Robert D. Martin, Regional Administrator Region IV FROM:.
Malcolm R. Knapp, Director i
Division of Low-Level Waste Management and Decosmissi.oning i
SUBJECT:
DISPOSAL OF NON-BYPRODUCT MATERIAL WITH URANIUM MILL TAILINGS This memorandum is to advise you of our progress in response to your letter dated February 23, 1988 on disposal of non-byproduct material with uranium mill tailings.
Based on the information presented in your letter, the March 17, 1988 meeting
-with the States of Texas, Washington, Colorado, and Utah, and discussions with my staff, we are inclined to allow licensees to dispose the type of material requested in existing uranium mill tailings impoundments. Our primary rationale is the national benefit that may be achieved with no additional' risk to public health and safety, and the environment. The benefit would be in providing an alternative to using significant space at low-level waste disposal sites or to the creation of aeditional sites for disposal of radium containing
-wastes.
At this point our consideration only applies to disposal of the kinds of non-byproduct material for which NRC has received requests. As described in your letter, these materials contain nuclides that are in activity concentrations approximate to or less than that of uranium byproduct materials and are physically similar to uranium byproduct materials.
NRC does not have authority to regulate material classified as Naturally Occurring and Accelerator Produced Radioactive Material (NARM). However, if NRC decides to allow disposal of non-byproduct material in uranium mill tailing impoundments, requests for such actions would need to be approved on a case-by-case basis following NRC staff evaluation to assure that all ap>11 cable NRC requirements governing the disposal sites are maintained and that tie added material will not adverse y 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.
As raised in your letter, a question that must be answered to support our decision is whether DOE would accept transfer of land and byproduct material ownership consistent with Section 83 of the Act for uranium mill tailings impoundments containing non-byproduct material.
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4/12/88 APR;4 g Baublitz of DOE regarding this issue. Mr. Baubiitz's informal reaction was favorable, and we sent the enclosed letter on April 14 to solicit a formal response.
I will be meeting with him on April 18, at which time we will discuss the subject further.
My staff is also currently reviewing the Final Generic Environmental Impact Statement on uranium milling and'other applicable regulatory background information to assure that disposal of non. byproduct material with uranium mill tailings would be consistent with previous staff positions. We will provide Region IV with a proposed decision on this issue as soon as we have obtained a response from DOE and have completed our review of the regulatory background information. We expect this to be accomplished in June, 1988.
.b Malcolm R. Knapp, Director Division of Low-Level Waste Management and Decommissioning Office of Nuclear Materials Safety and Safeguards
Enclosure:
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DISTRIBUTION:
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e 4/12/88 favorable, and we sent the enclosed letter on April 14 to solicit a formal response.
I will be meeting with him on April 18, at which time we will discuss the subject further.
Ny staff is also currently reviewing the Final Generic Environmental Impact Statement on uranium milling and other applicable regulatory background information to' assure that disposal of non byproduct material with uranium mill tailings would be consistent with previous staff positions. We will provide Region IV with a proposed policy and legal decision on this issue as soon as we have obtained a response from DOE and have completed our review of the regulatory background information. We expect this to be accomplished by the end of May, 1988.
Malcolm R. Knapp, Director Division of Low. Level Waste Management and Decomunissioning Office of Nuclear Materials Safety and Safeguards
Enclosure:
As stated DISTRIBUTION:
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