ML20246H031
| ML20246H031 | |
| Person / Time | |
|---|---|
| Issue date: | 03/15/1989 |
| From: | Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| REF-WM-3 NUDOCS 8903170437 | |
| Download: ML20246H031 (3) | |
Text
-
l VAR 151999 i
i T0:
ALL NRC URANIUM REC 0VERY LICENSEES i
SUBJECT:
WHETHER OR NOT URANIUM MILL TAILINGS MATERIAL IS A l
MIXED WASTE 1
On October 24, 1988, our office sent you a Federal Register notice issued by the U. S. Environmental Protection Agency. (EPA) relative to radioactive mixed-waste. Since then, a number of questions have been raised as to the applicability of this notice to uranium mill tailings.
Source, special nuclear, and byproduct material are specifically excluded from regulation under the Resource Conservation and Recovery Act (RCRA). Under Section 11(e)(2) of the Atomic Energy Act, byproduct material is defined to include "the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material l
content." All tailings and wastes included in this definition, such as process fluids and nonradioactive ore residues, are thus byproduct material. Wastes
{
from the decommissioning of buildings and equipment whose arimary function was -
l to conduct the extraction or concentration of uranium or tiorium from ore processed primarily for its source material content, are considered to be byproduct material. These byproduct material wastes generated by uranium recovery licensees are not mixed wastes and are not subject to EPA regulation under RCRA.
However, byproduct material could become " mixed waste" if it is mixed with hazardous waste. For example, if a licensee had waste that was not byproduct material under the AEA, that was a listed hazardous waste under Subpart D of 40 CFR Part 261, and disposed of this waste by mixing it with Section 11(e)(2) byproduct material (e.g., uranium mill tailings), then the entire mixture would become subject to EPA's RCRA regulations because it contained hazardous waste.
In this hypothetical situation uranium mill tailings would indeed be a mixed waste.
Because of the potential regulatory impacts, we suggest that you be certain that you do not introduce any waste into tailings that is a hazardous waste under EPA's RCRA regulations.
l l
8903170437 890315 I h!
PDR WASTE gg_3 P DL.
Rou, (
wma luL
m u
q.
l v,
DM/ DALE
. 2..
i
'l In summary:
(1) uranium tailings material that is byproduct material is not mixedwaste[2 rovided itis not mixed with non-AEA material which is ha waste; and care-should be taken not to mix hazardous waste with tailings 4
material.
If there are questions about this please contact me at (30'1)'492-0553.
You may also wish to contact EPA'through their RCRA Hotline, at:1-800 424 9346.
1 Sincerely, (StGNED) PAULH.LOHAUS
)
Paul H, Lohaus, Chief Operations Branch
' Division of Low-Level Waste Management-and Decommissioning,.NMSS cc:
R. Dale Smith, NRC/URF0 DISTRIBUTION:
Central File #207.4 & 411.4 NMSS r/f LLRB /rf DMartin' TJohnson MBell JGreeves PLohaus JSurmeier RFonner KSchneider DSollenberger
'MFliegel h
PDR/NUDOCS Yes /
No
/ /
ACNW Yes /
o l
SUBJECT ABSTRACT:
ETETHER MILL TAILINGS ARE MIXED WAS T l
OFC :LLRB
- LLR
- 0GC
- LLOB
~~
_.... J_
NAME:
tn/ec:TJo(non:RFonner :PLohaus' :
3 DATE:3 / 8 /89 :g /g /89 :
/ /89 :
/ /89 :
(
OFFICIAL RECORD COPY
J j.,.-,
o>
2 I
y i
In summary:
(1) tailings or waste' that is byproduct material' is not mixed waste,)provided it is not mixed with non-AEA material which is hazardous. waste; and (2 care should be taken not to mix hazardous waste with tailings material.
l l
If there are questions about this please contact me at-(301).492-0553. 'You may
~
also wish to contact EPA through their. RCRA Hotline, at 1-800-424 9346.-
' Sincerely, l
Paul H, Lohaus, Chief I
Operations Branch Division of Low-Level Waste Management j
and Decommissioning; NMSS j
cc:
R. Dale Smith, NRC/URF0 Distribution-
- Central; File 4 207.4 & 411.4 1
RBangartTR'IV JGreeves, LLWM MBell, LLRB JSurmeier, LLTB PLohaus, LLOB DMartin, LLRB TJohnson, LLRB RFonner, OGC' MFliegel DSollenberger,LLRB KSchneider, SLITP NMSS rf ESchultz, LLRB rf JJones, LLOB rf i
PDR/NUDOCS Yes /JX/
No / /
ACNW Yes /T /
No / /
SUBJECT ABSTRACT:
WHETHER MILL TAILINGS'ARE MIXED WASTE
- See Previous Concurrence AAa OFC :LLRB*
- LLRB*
- 0GC
- LLOB
- LLWM-
.:NMSS
.:NMSS:
_ /_
j NAME:DMartin/jj'
- TJohnson-ner' :PLohaus J
0FFICIAL RECORD COPY-
.