ML18036B071

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1997 TAR - Determine Whether 10 CFR 30-36 Applied to Burials Accomplished Prior to Issuance of Usaf Master Materials License
ML18036B071
Person / Time
Issue date: 08/18/1997
From: Jim Hickey
NRC/NMSS/DWM
To: Camper L
Office of Nuclear Material Safety and Safeguards
References
Download: ML18036B071 (7)
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.. 'i ~ -:; 3 53fi()tA August 12, 1997 MEMORANDUM TO: Larry W. Camper, Chief Medical,* Academic, and Commercial I8 97 Use Safety Branch Division of Industrial and Medical Nuclear Safety, NMSS FROM: JohnW. Hickey, Chief [Original signed by T.C. Johnson for]

Low-Level Waste and Decommissioning Projects Branch Division of Waste Management, NMSS

SUBJECT:

RESPONSE TO REGION IV TAR REGARDING DEPARTMENT OF AIR FORCE DWM has reviewed the R IV TAR regarding Department of Air Force License No. 42-23539-01 AF, to determine whether 10 CFR 30.36 is applicable to burials accomplished prior to the issuance of the USAF Master Materials License. DWM concurs with R IV's recommended positions that: (1) "10 CFR 30.36 .does not apply to operations conducted under AEC or NRC licenses which have been terminated, provided these operations were not continued under another license;" and (2) Activities licensed under Air Force licenses, including burials, were transferred to the Master Materials License, and therefore, 10 CFR 30.36 applies to the USAF burials completed before the issuance of the Master Materials License.

Contact:

John Buckley, DWM/NMSS 301-415-6607 TICKET:LLDP-7106 DISTRIBUTION: Central File NMSS r/f PUBLIC LLDP r\f DOCUMENT NAME: s:\dwm\lldp~tb\usaf.tar *see previous concurrence OFC LLDP LLDP t NAM E

JBuckley* LBell*

DAT 7/17/97 7/17/97 7!'$/97 E

OFFICIAL RECORD COPY LSS: YES ..2L NO ACNW: YES NO ..x_

IG : YES NO ..x_ Delete file after distribution: Yes .X.... No PDR : YES ..2L NO

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 12, 1997 MEMORANDUM TO: Larry W. Camper, Chief Medical, Academic, and Commercial Use Safety Branch Division of Industrial and Medical Nuclear Safety, NMSS FROM: John W. Hickey, Chief ~ t}

Low-Level Waste and Decommissioning~ pCll Projects Branch Division of Waste Management, NMSS

SUBJECT:

RESPONSE TO REGION IV TAR REGARDING DEPARTMENT OFAIR FORCE DWM has reviewed the RIV TAR regarding Department of Air Force License No. 42-23539-01AF, to determine whether 10 CFR 30.36 is applicable to burials accomplished prior to the issuance of the USAF Master Materials License. DWM concurs with R IV's recommended positions that: (1) "10 CFR 30.36 does not apply to operations conducted under AEC or NRC licenses which have been terminated, provided these operations were not continued under another license;" and (2) Activities licensed under Air Force licenses, including burials, were transferred to the Master Materials License, and therefore, 10 CFR 30.36 applies to the USAF burials completed before the issuance of the Master Materials License.

Contact:

John Buckley, DWM/NMSS 301-415-6607

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION IV 611 RYAN PLAZA DRIVE, SUITE 400 ARLINGTON, TEXAS 76011-8064 REGIONAL TECHNICAL ASSISTANCE REQUEST FORM Date:

Mail or E-Mail to: Donald A. Cool, Ph.D. (DAC), Mail Stop: 8 F5 TWFN Division of Industrial and Medical Nuclear Safety, NMSS From: D. Blair Spitzberg, Ph.D. (DBS), Chief ,,!{l#~_L°_/._

Nuclear Materials Licensing Branch, mv'y'~--:J Licensee: Department of the Air Force License No.: 42-23539-01AF D Control No.: N/A D Letter dated: September 20, 1996, with attachments. This letter was informally sent to DWM for review on October 1, 1996.

D Suggested change in licensing procedure (enclosed): None D Problem/Issue:

1. The licensee states that in 1959 the U.S. Air Force rescinded the authority for onsite burials. Because this action predates the issuance of the Air Force Master Materials License (June 26, 1985), the licensee claims no burials have been accomplished pursuant to former 10 CFR 20.304, 20.302, and current 20.2002. Therefore, the licensee contends that 10 CFR 30.36 does not apply.
2. The licensee also contends that burials which predate the Master Materials License were accomplished under terminated AEC or NRC licenses; therefore, the "timeliness rule" is not applicable.

D Action Required:

1. Determine whether or not 10 CFR 30.36 is applicable to burials accomplished prior to the issuance of the USAF Master Materials License.

Recommended Action:

The Region agrees that 10 CFR 30.36 does not apply to operations conducted under AEC or NRC licenses which have been terminated, provided these operations were not continued under another NRC license. The Air Force licenses were terminated concurrent with the issuance of the Master Materials License. Therefore, the Region maintains that licensed activities including burials were transferred to the Master Materials License.

Consequently, the Region believes that the "timeliness rule" applies to the burials accomplished prior to the issuance of the USAF Master Materials license.

Donald A. Cool, Ph.D. The Region recommends that the licensee be required to comply with 10 CFR 30.36 for burials accomplished under NRC licenses transferred to the Master Materials License.

Remarks:

Headquarter Reviewer:

Regional Reviewer: Christi Hernandez Reviewer Code: T2 Reviewer Phone No.: 817-860-8217 FAX No,: 817-860-8263 Request Needed by: June 1, 1997

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DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE MEDICAL OPERATIONS AGENCY BROOKS AIR FORCE BASE, TEXAS

JU/

20 Sept 19%

MEMORANDUM FOR USNRC Region IV ATTN: Ms. Linda McLean FROM: HQ AFMONSGOR 890 I 18th St.

Brooks AFB TX 78235-5217

SUBJECT:

NRC Infonnation Notice 96-47; Recordkeeping, Decommissioning Notifications for Disposal.s

. of Radioactive Waste by Land Burial Authorized Under Fonner IO CFR 20.304, 20.302, and current 20.2002

  • Titank you for faxing a copy of NRC Information Notice 96-47 for our review and comment. As of the date of this memorandum, the we have not received a copy of this infonnation notice through nonnal distribution channels.

As stated in paragraph 1 of the attached 1988 AFOMS/SGPR policy letter (ref. atch 1), in 1959 the Air Force rescinded its general authority for onsite burial of radioactive waste and required the use of a contractor disposal system. This position was restated in the memorandum of understanding between* the Air Force and the Nuclear Regulatory Commission (NRC) which was included as enclosure 2 to the 26 June 1985 NRC letter conveying the Master Materials License(# 42-23539-0IAF) to tl1e Air Force (ref. Atch 2). Thus no rad.ioactive material disposals ltave been accomplished under the Master Materials License pursuant to fonner IO CFR 20.304, 20.302, and current 20.2002.

Remediation of radioactive materials burial sites which predate the Master Materials License (i.e., prior to 26 June *1985) are being managed under the Air Force's Environmental Restoration Program. This program is described in Air For Instruction 32-7020 which is included as attachment 3 for your review. It is our understanding tltat the timeliness rule does not apply to operation which were conducted under previously tenninated AEC or NRC licenses.

I assure you that the Air Force intends to closely coordinate all decommissioning activities involving NRC regulated materials with you and that we will continue to apply the timeliness in decommissioning rule to all operations performed under the Master Materials License. In addition, compliance with this rule is a special focus issue in all permit renewals and inspections.

I hope you find this memorandum responsive to the issues raised in Information Notice 96-47. If you have any questions or require any additional information, please feel free to contact me by telephone at (210) 536-3331 or by E-mail at donnellj@msaOl.brooks.af.mil.

t~ LtCol, USAF SC Chief, USAF Radioisotope Committee Secretariat Office of the Surgeon General

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DEPARTMENT Or THE Air-< FORCE .,I HEADQUARTERS UNITED STATES Alli FORCE DOLLING l,FO OC 20332-61 OD 9 AUG 1989

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&t1N 01'! 11 .. 00 ... ..... , , ..... .

1,uDJt.('.Tr Ma1ntenanca Requirements for R,cJ1oact1vo Wast& Dur1a1 S1tes Ort Air Forco lnstallat1ons 10 ALMAJCOH/ SG/DE HO. AF I SC/ SG/ SH HQ USAFA/SG HO. AFRES-WR/ROV HQ AFRES-ER/ROV HQ t\FRES-CR/ROV

1. In tho. early 1950 1 s, 1t was comrnon practko in tho United States to bury radioactive waste. Tho A1r Forco adoptod this practico and dovolopod a technical ordor (TO 00-llOA-l) which spocif1od procoduros to bo f611owed.

S1tos 'Wore to be foncod and lockod with radloactivo matorh.1 warning .placards postod. Por1od1c monitoring was roquired to maintain placards. In 1959, the general authority to bury radioactive waste was rescinded, and tho A1r Force converted to a contractor disposal system (TO 00-0llON-2) *

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2. A review of radioactive burial sites was made in the.oarly 1970 1 s, and it was found that a gradual* loss of accountab111ty of s1tos was occurring. Policy guidance given in a 1974 AIJ.\AJCa-t 1_etter, ..requ1red idon.t1f1~at1on of all known

_sites on Base Master Plans, ma1ntonance 'of existing fenc1rig*; and posting of sites. Accountab1 l 1ty and d1sposftion managemont* of rad1oact1ve

  • waste burial sites was subsequently made a part of the 1nsta1 lat1on rostoration** program CIRP} * . .
3. Becausa of current .. pub 1 ic attit4des***tO'liard *radi a.t1on
  • 1s~ue~::_ a~*d. nuclear wastes 1n particular, there_ is.a clear *n~ed to onsure ~~oper p~~~1cal ,*

maintenance and control over_ ..ex1st1ng* bur1al __ s\tos beyon~ simply" ensuring the1 r location 1s identified on th.e,Base Mas:ter Pl~n.*~ Tho follow1ng:*a"re_-the m1n{mum requ1 renents for maintenance*; of ~known radj o?,ct1 ve waste burial*. s*1tes:

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a. The s 1te must be clear'iy 1dent1 fJed *1.n Tc;b c-*l. *o.f. the. Base* Master Plan.
b. Each bounda~; ~-~ust: b~*-*cl*e~rl:y ~el*1-~oate~. a.nd -~~~-~ii~ -to the s1~e**. *.

restricted by a substantial physical .barr.ier, such *iis. cha1n__ 11nk or equivalent antipersonnel fe_ncing.

  • Exceptions may be. granted by MAJCOM/OE.s. Cw.1 th *Surgeon Goner al coord1 nationt =.tr~ the : fenc1 ng requfrements ..when tt /wo_uld **present a .

hazard to aircraft or* vehicular traff\c, or -an-.. equ1valent barr1er to .

  • inadvertent digging or p"ersonnel .acc~ss:*alroady exists,; .. e*.g.*,**paverrien"t-* cfr other structure. :!!f'Y. *exempt*ion grant~d .mu.st sp~-~1. fy .how markfng _*requi rem.a nts -of paragraph 3c-)1re to: .be*.met. -.. . * *. : .. , * * * *. _*.... * ~ *
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c. The site boundary must be clearly marked* on :~ach accessible* ~dde with radioactive mateda}_.signs _(sample at A°t:~~*1}.: . -,_ ."';..\ - * :::,_;  :::::-:::.~:-

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d. F enc1 ng and. s1 gn~ --.rnus~_f -~-~ -*kept- 1n. good rep a 1 f / .._and* son. surfac_e .

protected against *e"rc:>s1on-*by grasses or other ground covers which promote _sJte stability. The site w111 be kept clear of deop rooted _plants, sue~ as shrubs*

and trees. In arid locations, a stone o~_- grave,- cover ma.y be* .used 1n pl~ce:of grass.

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  • -4. The base rad1at1on safety officer CRSO) must conduct annual visits.to verify maintenance of tho stte in accordance w1th tho above roquiromonts. S1te surve1llanco w111 include a visual 1nspect1on of tho 1ntogr1ty of ptpo caps or other closure dov1cos which may protrude above grado level. Any ov1donco of tntrus1on or damage to tho s1to must be roportod to baso managemont for corrective action, and a survoy conducted. with f1o1d tnstrum<.Jnts (AN/PDR 27 ' and AN/PDR 56F or PIC-IS or equivalent) to confirm site contents wero not d1sturbod. A wr1tton roport of each vis1t . w111 bo prepared whtch documents f1nd1ngs with regard to each requ1ranont of paragraph 3 ~bovo. Tho original w11.1 be kept by the RSO, w1th a copy to tho base environmental coordinator.
5. Th1s guidance w111 be incorporated into tho noxt change to AFR 161-16, Control of Rad1oact1ve Mator1al. Th1s 1s a coord1natod HO USAF/SGP/L(E lottor.

Qur point of contact 1s Col David Wood, HQ AFOMS/SGPR, AUTOVON 2~0-3331.

FO?i~

CHARLES K. l1AF1ET', Colonel I USAF I MC l Atch Diputy Director; Professional Affairs Warning S1gn Sample

  • and ~uality Assurnnce Office *of the Surgeon General cc:* HQ. AFT /lC/ SE HQ. USEUCOM/ECt-0

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