ML20248F309
| ML20248F309 | |
| Person / Time | |
|---|---|
| Issue date: | 10/05/1989 |
| From: | Bangart R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Baublitz J ENERGY, DEPT. OF |
| Shared Package | |
| ML20245D264 | List: |
| References | |
| REF-WM-3 NUDOCS 8910060331 | |
| Download: ML20248F309 (5) | |
Text
~
CGT 5 E3
- Mr. John E. Baublitz, Acting Director Office of Remedial Action and Waste Technology Office of Nuclear Energy l
U. S. Department of Energy
(
, Washington, D.C. 20545
Dear Mr. Baublitz:
I am writing to you because of a number of requests made to NRC regarding the disposal of select wastes in uranium mill tailings piles. The requests vary in terms of quantity, radioactivity, and presence of other nonradiological i
, constituents.
Aside from tech'nical, environmental and engineering considerations, one of the most significant considerations in whether to permit such disposal is the eventual transfer of the title and custody from the commercial licensee / owner to the State or Federal government.
It has been suggested that the disposal of such wastes in a uranium or thorium tailings pile may compromise the authority for transfer of title and custody to the United States under Section 83 of the Atomic Energy Act (AEA) of 1954, as amended.
Presently, the Department of Energy (DOE) is identified as the Federal agency to accept, on behalf of the Federal government, title and to conduct long-term monitoring and surveillance in perpetuity. This role is similar to DOE's responsibility in the UMTRA Project under Title I of the Uranium Mill Tailings Radiation Control Act (UMTRCA), specifically Section 104(f).
In our April 14, 1988 letter to you, the NRC requested a determination on whether DOE would accept custody of tailings sites, if Naturally Occurring and Accelerator Produced Radioactive Material (NARM) had been disposed therein.
Your June 10, 1938 response raised doubts about DOE's authority to accept title to and custody of such sites.
In order to improve the currently inefficient approach of reviewing each request for tailings pile disposal of nonbyproduct material on a case-by-case basis, additional DOE clarification is needed to remove the uncertainty that now exists. A more definitive DOE position would allow NRC to provide clarifying guidance to licensees, eliminate requests for disposal that would result in DOE being prohibited from accepting title and custody, and allow NRC to more expeditiously review requests that are consistent with DOE criteria j
f' for eventual title and custody acceptance. Your timely response to this iI {
request will significantly assist all parties involved.
I request clarification regarding the following:
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Are there any quantities or concentrations of NARM that could be-disposed ol~In the tailings piles without compromising DOE's ability to eventually accept title to and ~ custody of the reclaimed tailings site? If so, please identify these. quantity or concentration limits.
2.
Likewise, are there any such quantity or concentration limits on accepting title and custody transfer of sites wherein mdtter with a source material content may be disposed of? Specifically, if such source material were to be placed in tailings piles without having processed it for'the source material content, would DOE have reservations depending on quantities or concentrations? For example, the Teledyne Wah Chang zirconium tailings or filtercake residue from mine water cleanup.are two examples where such material has been suggested for direct disposal into existing, licensed uranium mill tailings piles.
- 3..
Formerly Utilized Sites Remedial Action Program (FUSRAP) material has been proposed for disposal into uranium mill tailings piles, without any processing.
In some cases, this material qualifies as 11.e(2) byproduct material, but in others there are quantities of this material containing constituents specifically covered under the Resource Conservation and Recovery Act l RCRA) or the Toxic Substances Control Act (TSCA). Can such material, or limited quantities or concentrations of this material, be placed directly into a uranium mill tailings pile without compromising the transferability of the title and custody to DOE upon reclamation?
4.
Mine wastes and mine water, which cannot be released into waterways or on open ground, is usually treated to remove those contaminants in order to comply with National Pollutants Discharge Elimination System (NPDES) limits for such releases. As a result, the residues from the treatment process must be disposed of properly.
If such water or residues are then processed for their source material content, either at the uranium mill or off site, can the resultant material be disposed of in the tailings piles without compromising DOE's authority or willingness to take title to and custody of the reclaimed tailings pile?
5.
Some materials, which have been processed for extraction of certain economically valuable minerals, have been additionally processed for source material as well. These " secondary wastes" have been referred to as NARM, source material, select wastes and so on. Frequently, these wastes are almost indistinguishable from uranium mill tailings.
They are not byproduct material simply because some mineral, such as vanadium or copper, has been extracted prior to being processed for uranium or thorium, usually in another facility other than a uranium I
GG/89/9/29/BAUBLITZ mill. FUSRAP, NARM and the phosphate tailings in Florida and Louisiana may fall under this category. Are there any conditions, under which such material could be disposed of into tailings, which would not compromise DOE's ability to take title and custody upon reclamation?
our staff have any questions regarding this letter, contacts are Paul Should y(FTS 492-0553) or Giorgio Gnugnoli (FTS 492-0578).
Lohaus Sincerely,
(SIGNED) RICHARD L. BANGART Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning, HMSS cc: S. Mann, DOE /NE-22 M. Matthews, DOE /AL Distribution:
(TICKET # LLWM 89-078)
NMSS r/f RBernero, NMSS gar 10tto, NMSS Central File # HMSS SUBJ.406.1.
MBell, LLRB JSurmeier, LLTB RBangart, LLWM JGreeves, LLWM PLohaus, LLOB MF11egel, LLOB GGnugnoli, LLOB DGillen, LLOB RFonner, OGC RHall, URF0 EHawkins, URF0 PDR YES /X /.
JLepre, LLWM t/f JJones, LLOB t/f JJones, LLOB r/f PDR NO
/ / Category: Proprietary / /
or CF Only / /
ACNW'YES /X /
NO / /
SUBJECT ABSTRACT:
REQUEST DOE CLARIFICATION ON TITLE TRANSFER / CUSTODY IF SELECT WASTES ARE DISPOSED OF IN TAILINGS.
- See Previous 00ncurrence OFC :LLOB*
- LLOB*
- LLCB*
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- LLW *
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- 09/21/69:09/22/89:fD/[fb9 09fhhfb9 / f[ ~fb9ffb9 141' told.Ft s
OFFICIAL RECORP COPY
f mill. FUSRAP, NARM and the phosphate tailings in Florida and Louisiana may fall under this category. Are there any conditions,
.under which such material could be disposed of into tailings, which would not compromise DOE's ability to take title upon reclamation?
our staff have any questions regarding this letter, contacts are Paul Should y(FTS 492-0553) or Giorgio Gnugnoli (FTS 492 0578).
Lohaus Sincerely, Richard L. Bangart, Director Division of Low-Level Wtste Management and Decommissioning, NMSS cc: S. Mann, DOE /NE-22 M. Matthews, DOE /AL Distribution:
(TICKET # LLWM 89-078 NMSS r/f Central File # NMSS SUBJ 406.1 RBernero, NMSS GArlotto, NMSS RBangart, LLWM JGreeves, LLWM ell, LLRB JSurmeier, LLTB PLohaus, LLOB MFliegel, LLOB GG noli, LLOB DGillen, LLOB RHal EHawkins, URF0 JJoneks,URF0 RFonner, OGC LLOB t/f JJones, LLOB r/f PDR YES /T7 JLepre, LLWM t/f PDR NO
/ / Category: Proprietary / /
or C Only L /
ACNW YES /T7 NO / /
SUBJECT ABSTRACT:
REQUEST DOE CLARIFICATION ON TITLE ANSFER/CUST0DY IF SELECT WASTES ARE DISPOSED OF IN TAILIKSS.
- See Previous Concurrence OFC :LLOB*
- LLOB*
- LLOB*
- 0GC
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- JGreeves :RBangar :
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ACNW YES $.NO @
SUBJECT ABSTRACT:
Request DOE clarification on itle transfer / custody if select wastes are disposed
. in tailings.
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