ML20248E982

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Responds to Re Agreement States Ruling on Disposal of High Density Polyethylene Containers
ML20248E982
Person / Time
Issue date: 03/28/1989
From: Bernero R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Scoville J
U.S. ECOLOGY, INC. (FORMERLY NUCLEAR ENGINEERING
References
REF-WM-3 NUDOCS 8904120427
Download: ML20248E982 (2)


Text

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MT - LTR. TO SCOVILLE i g p g g 3ggg  !

l J. J. Scoville, President US Ecology, Inc.

Technologies Division ,

212 South Tryon Street, Suite 300 l Charlotte, NC 28281 ]

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Dear Mr. Scoville:

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We are in receipt of your February 16, 1989 letter regarding Agreement States rulings on disposal of high density polyethylene containers. The letter referred to the NRC's Technical Evaluation Report (TER) documenting the staff's review of the three topical reports submitted by vendors for High Density Polyethylene (HDPE) containers and the staff's conclusion that the designs presented did not meet the 10 CFR Part 61 requirements for 300-year structural stability. Your letter further focussed on the initial response by Chem Nuclear Systems, Inc., (CNSI), the operator of the Barnwell, South Carolina disposal site, and apparent approval of CNSI's response by the State of South Carolina. In your letter you expressed concern about an apparent lack of consistency between the sited States regarding how they were deciding to implement the NRC's findings on the adequacy of HDPE containers.

We share your concern about the need to ensure that the sited State Authority actions are consistent with the technical findings reached by the NRC staff.

In that regard, we have had an extensive interaction with the State of South Caroliaa Department of Health and Environmental Control (DHEC) concerning their " interim" decision on the continued receipt and disposal of polyethylene containers. As indicated in the enclosed Information Notice, South Carolina DHEC has decided to provide the long-term structural stability required by '

Part 61 by placing the HDPE containers that contain Class B or Class C waste in concrete overpacks at the site. This practice will be initiated on April 1, 1989. Evidently, at the time you drafted your mid-February letter, you were unaware of South Carolina's decision on the concrete overpacks.

You are aware that the Agreement States have the authority to perform ,

technical reviews and to render decisions regarding issues that concern-them.

The Agreement States, may, or may not, request NRC assistance or concurrence in their review. In the case of the concrete overpacks, South Carolina DHEC has not asked for our review of their technical evaluation. We are prepared to state, however, that in principle, the concept of providing stability with

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J. J. Scoville a concrete structure appears to have merit, is consistent with the conclusions and finding's in the technical evaluation report on HDPE containers, and should be a decided improvement over past practice.

We trust that the information provided here satisfies your major concerns.

Sincerely, ggt 9Q habert M, Bernec Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards

Enclosure:

Information Notice Distribution: .(NMSS89-137)

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PDR No:/ / Reason: Proprietary / / or CF Only / /

ACNW Yes:/ \/ / No:/ /

i SUBJECT ABSTRACT:

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