ML060330182
| ML060330182 | |
| Person / Time | |
|---|---|
| Site: | Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png |
| Issue date: | 01/20/2006 |
| From: | Diaz N NRC/Chairman |
| To: | Udall M US HR (House of Representatives) |
| Shared Package | |
| ML060320259 | List:
|
| References | |
| FOIA/PA-2005-0293 | |
| Download: ML060330182 (31) | |
Text
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The Honorable Mark Udall United states House of Representatives Washington, DC 20515
Dear Congressman Udall:
On behalf of the U. S. Nuclear Regulatory Commission (NRC), I am responding to your April 6, 2005, letter to me, in which you expressed concerns about an application by Clean Harbors Deer Trail for disposal of radioactive materials in Colorado. In addition, you requested the status of an application by Connecticut Yankee Atomic Power Company (CYAPC) for disposal of radioactive demolition debris from the decommissioning of CYAPC's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States (possibly including Colorado).
The NRC does not have regulatory authority or jurisdiction over the Clean Harbors Deer Trail application for disposal of radioactive materials in Colorado. Colorado is an Agreement State under Section 274 of the Atomic Energy Act and has regulatory authority over the licensing of low-level waste disposal in Colorado. In early February, the Colorado Department of Public Health and Environment received a radioactive materials license application from Clean Harbors Deer Trail for disposal of certain limited low-level radioactive waste materials, including limited Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM), from licensed facilities. This application is currently under review.
Clean Harbors Deer Trail also has a pending hazardous waste permit renewal application to allow its Colorado facility to receive limited unlicensed NORM and TENORM materials. The Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division will determine whether a Resource Conservation and Recovery Act (RCRA) permit may be adapted to provide appropriate protections and controls for these materials. Colorado is reviewing the hazardous waste permit renewal application in parallel with the radioactive materials license application. Colorado has been conducting a public process since September 2004, and information is available on the Colorado Department of Public Health and Environment Web site at httg:// ww.cdphe.state.co.us/hm/hwv36.htm. Other States have also authorized disposal of NORM from non-nuclear-fuel-cycle industries. Facilities disposing of NORM and TENORM, and RCRA Facilities are not regulated by NRC, but by the States.
You also asked about the status of CYAPC's application by CYAPC for disposal of radioactive demolition debris from the decommissioning of CYAPC's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States. CYAPC, an NRC licensee, has requested approval to dispose of demolition debris from decommissioning the! Haddam Neck Plant at the US Ecology site in Idaho. The request was submitted on September 16, 2004, pursuant to Section 20.2002 of Title 10 of the Code of Federal Regulations, "Method of Obtaining Approval of Proposed Disposal ProcedLres." The approval CYAPC seeks an authorization to use alternate disposal
procedures.
CYAPC's request is consistent with the language of 10 CFR 20.2002. In reviewing the request, NRC staff will ensure that any dose from the disposal will be maintained within the dose limits set forth in Part 20, "Standards for Protection against Radiation," and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staffs Environmental Assessment (EA) for the CYAPC request was published in the Federal Register on April 18, 2005. The Commission may therefore act on the request at any time.
The CYAPC request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPC request provides information to demonstrate that the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz
procedures.
CYAPC's request is consistent with the language of 10 CFR 20.2002. In reviewing the request, NRC staff will ensure that any dose from the disposal will be maintained within the dose limits set forth in Part 20, "Standards for Protection against Radiation," and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staff's Environmental Assessment (EA) for the CYAPC request was published in the Federal Register on April 13, 2005. The Commission will take action on the request at any time.
The CYAPC request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other sLIch requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPC request provides information to demonstrate that the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal mUst comply with State of Idaho requirements.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy."
DISTRIBUTION: G20050245/LTR-05-0186 EPAD r/f KCyr, OGC SECY LTR-05-0186 B. Smith, OGC: M. Miller, Rgn-1 R. Bellamy, Rgn-l D.Spitzberg, Rgn-IV M. Mclean, Rgn-IV S. Burns M. Rodger P. Shea DWMEP r/f EDO R/F DCD rlf ML051040031 OFC DWMEP DWMEP DWMEP IMNS Tech Editor NAME MO'Shaughnessy CCraig DGillen CMiller PKleen DATE 04/ /05 04/ /05 04/ /05 04/ /05 04/ /05 OFC DWMEP DWMEP DWMEP:DD OGC OSTP NAME RWhited S~landers _ LCamper STreby PLohaus DATE 04/ /05 04/ /05 04/ /05 04/ /05 04/ /05 OFC NMSS:OD DEDMRS EDO NAME JRStrosnider MVirgilio _ LReyes l DATE 04/ /05 04/ /05 04/ /05
The Honorable Mark Udall United states House of Representatives Washington, DC 20515
Dear Congressman Udall:
On behalf of the Nuclear Regulatory Commission (NRC), I am responding to your April 6, 2005, letter to me, in which you expressed concerns about an application by Clean Harbors Deer Trail, to NRC, on disposal of radioactive materials in Colorado. In addition, you requested the status of an application by Connecticut Yankee Atomic Power Company (CYAPC:), to NRC, on disposal of radioactive demolition debris from the decommissioning of CYAPC's Haddam Neck plant and whether the NRC views it as a possible precedent for disposal of radioactive materials in other states (possibly including Colorado).
The NRC does not have regulatory authority or jurisdiction over the application by Clean Harbors Deer Trail on disposal of radioactive materials in Colorado. Colorado is an Agreement State under Section 274 of the Atomic Energy Act and has regulatory authority over the licensing of low-level waste disposal in Colorado. In early February, the Colorado Department of Public Health and Environment received a radioactive materials license application from Clean Harbors Deer Trail for disposal of certain limited low-level radioactive waste, including limited Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM) from licensed facilities. This application is currently under review.
The Clean Harbors Deer Trail also has a hazardous waste permit renewal application pending that would allow its Colorado facility to receive limited NORM and TENORM licensed materials. The Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division will determine whether a Resource Conservation and Recovery Act (RCRA) permit may be adapted to provide appropriate protections and controls for these materials. The hazardous waste permit renewal application is being reviewed in parallel with the radioactive materials license application. Colorado has been conducting a public process since September 2004 and information is available on the Colorado Department of Public Health and Environment web site ait http://www.cdphe.state.co.us/hm/hwv36.htm Other States have also authorized disposal of NORM from industries outside of the nuclear fuel cycle. NORM and TENORM, and RCRA fac:ilities used for their disposal are not regulated by NRC, but by the States.
In addition, your letter requested the status of an application by CYAPC, to NRC, on disposal of radioactive demolition debris from the decommissioning of CYAPC's Haddam Neck plant and whether the NRC views it as a possible precedent for disposal of radioactive materials in other states. On September 16, 2004, the CYAPC, an NRC licensee, requested to dispose of demolition debris from decommissioning the Haddam Neck Plant at the US Ecology site in Idaho. The request was submitted pursuant to Section 20.2002 of Title 10 of the Code of Federal Regulations, "Method of Obtaining Approval of Proposed Disposal Procedures." The approval CYAPC sought is for an authorization to use alternate disposal procedures which is
consistent with the language of 10 CFR 20.:2002. In reviewing the request, NRC staff will ensure that any dose from the disposal will be maintained within the dose limits set forth in Part 20, "Sta ndards for Protection against Radiation" and be as low as is reasonably achievable.
The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staffs Environmental Assessment (EA) associated with the CYAPC request was published in the Federal Register on April 1.3, 2005. Once the EA is published in the Federal Register, the Commission can take action on the request at any time.
The CYAPC request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If the facility is state regulated, the disposal must not only comply with 10 CFR 20.2002, but must also comply with state requirements. The CYAPC request provides information to demonstrate the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz
procedures which is consistent with the language of 10 CFR 20.2002. In reviewing the request, NRC staff will ensure that any dose from the disposal will be maintained within the dose limits set forth in Part 20, "Standards for Protection against Radiation" and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staffs Environmental Assessment (EA) associated with the CYAPC request was published in the Federal Register on April 18, 2005. Once the EA is published in the Federal Register, the Commission can take action on the request at any time.
The CYAPC request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If the facility is state regulated, the disposal must not only comply with 10 CFR 20.2002, but must also comply with state requirements. The CYAPC request provides information to demonstrate the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accord2 nce with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirernents.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy.
DISTRIBUTION: G20050245/LTR-05-0186 DCD r/f MVirgilio JStrosnider SECY LTR-05-0186 BSmith, OGC MMiller, Rgn-1 RBellamy, Rgn-I Dspitzberg, Rgn-IV Mmclean, Rgn-IV SBurns OPA PShea DWMEIP r/f OGC KCyr, OGC OCA EDO R(F Package No.:
Incoming No.:
Rsponse No.:
OFC DWMEP DWMEP DWMEP IMNS NAME MO'Shaughnessy CCraig DGillen CMiller DATE 04/ /05 04/ /05 04/ /05 04/ /05 OFC Tech Editor DWMEP DWMEP DWMEP:DD NAME PKIeen RWhited SFlanders LCamper DATE 04/ /05 04/ /05 04/ /05 04/ /05 OFC I OGC l NMSS:OD l DEDMRS l EDO
NAE STreby JStrosnidE.r MVirgilio LReyes 04/ /05 04/ /05 04/ /05 04/ /05 JfOFC OCA M _
NAME _ NDiaz I
_ _ 04/ /05 04/ /05 1-OFFICIAL RECORD COPY
The Honorable Mark Udall United States House of Representatives Washington, DC 20515
Dear Congressman Udall:
On behalf of the Nuclear Regulatory Commission (NRC), I am responding to your April 6, 2005, letter to me, in which you expressed concerns about an application by Clean Harbors Deer Trail, to NRC, on disposal of radioactive materials in Colorado. In addition, you requested the status of an application by Connecticut Yankee Atomic Power Company (CYAPCO), to NRC, on disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views it as a possible precedent for disposal of radioactive materials in other states (possibly including Colorado).
The NRC does not have regulatory authority or jurisdiction over the application by Clean Harbors Deer Trail on disposal of radioactive materials in Colorado. In early February, the Colorado Department of Public Health and Environment received a radioactive materials license application from Clean Harbors Deer Trail for disposal of certain limited low-level radioactive waste, including Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM) at its facility. As provided in the Atomic Energy Act, as amended, NRC does not have regulatory authority over NORM and TENORM material.
The Clean Harbors Deer Trail has a hazardous waste permit renewal application pending that would allow its Colorado facility to receive NORM and TENORM. The Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division will determine whether a Resource Conservation and Recovery Act (RCRA) permit may be adapted to provide appropriate protections and controls for these materials. The radioactive materials license and hazardous waste permit renewal application are being reviewed concurrently. It is our understanding that the Colorado Department of Public Health and Environment will accept public comment on this Radioactive Materials License Application through May 31, 2005 and hold a public meeting to present this information in late spring of 2005.
In addition, your letter requested the status of an application by CYAPC, to NRC, on disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views it as a possible precedent for disposal of radioactive materials in other states. On September 16, 2004, the CYAPC, an NRC licensee, requested to dispose of demolition debris from decommissioning the Haddam Neck Plant at the US Ecology site in Idaho. The request was submitted pursuant to Section 20.2002 of Title 10 of the Code of Federal Regulations, "Method of Obtaining Approval of Proposed Disposal Procedures." The approval CYAPCO sought is for an authorization to use alternate disposal procedures which is consistent with the language of 10 CFR 20.2002. In reviewing the request, NRC staff will ensure that any dose from the disposal will be maintained within the dose limits set forth in Part 20, "Stanldards for Protection against Radialion" and be as low as is reasonably achievable.
The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staffs Environmental Assessment (EA) associated with the CYAPCO request was published in the Federal Register on April 1B, 2005. Once the EA is published in the Federal Register, the Commission can take action on the request at any time.
The CYAPC request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If the facility is state regulated, the disposal must not only comply with 10 CFR 20.2002, but must also comply with state requirements. The CYAPCO request provides information to demonstrate the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements. Other States have also authorized disposal of naturally occurring radioactive materials from industries outside of the nuclear fuel cycle. These materials and RCRA facilities used for their disposal are not regulated by NRC, but by the states.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz
The staFf will also evaluate the proposal to ensure it will not cause significant environmental impact. The staffs Environmental Assessment (EA) associated with the CYAPCO request was published in the Federal Register on April 1,, 2005. Once the EA is published in the Federal Register, the Commission can take action on the request at any time.
The CYAPC request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC licensed facilities. The request was submitted under 10 CFR 20.2002, and other sLich requests have been made by licensees and granted by the NRC in the past. If the facility is state regulated, the disposal must not only comply with 10 CFR 20.2002, but must also comply with state requirements. The CYAPCO request provides information to demonstrate the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements. Other States have also authorized disposal of naturally occurring radioactive materials from industries outside of the nuclear fuel cycle. These materials and RCRA facilities used for their disposal are not regulated by NRC, but by the states.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy.
DISTRIBUTION: G20050245/LTR-05-0186 DCD r/f MVirgilio JStrosnider SECY LTR-05-0186 BSmith, OGC MMiller, Rgn-1 RBellarny, Rgn-I Dspitzberg, Rgn-IV Mmclean, Rgn-IV SBurns OPA PShea DWMEP r/f OGC KCyr, OGC OCA EDO RIF Package No.:
Incoming No.:
Rsponse No.:
OFC DWMEP DWMEP DWMEP IMNS NAME MO'Shaughnessy CCraig DGillen CMiller lDATE 04/ /05 04/ /05 04/ /05 04/ /05 OFC Tech Editor DWMEP DWMEP DWMEP:DD NAME PKleen RWhited SFlanders LCamper DATE 04/ /05 04/ /05 04/ /05 04/ /05
[ MVi rg iia l LReyes NAME I~t _STreby JStrosnider Ii D 04/ /05 04/ /05 04/ /05 04/ /05 OFC _ OCA OCM =
NAME NDiaz l D 04/ /05 04/ /05 OFFICIAL RECORD COPY
The Honorable Mark Udall United States House of Representatives Washington, DC 20515
Dear Congressman Udall:
On behalf of the Nuclear Regulatory Commission (NRC), I am responding to your April 6, 2005, letter to me, in which you expressed concerns about an application by Clean Harbors Deer Trail, to NRC, on disposal of radioactive materials in Colorado. In addition, you requested a status of an application by Connecticut Yankee Atomic Power Company (CYAPCO), to NRC, on disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views it as a possible precedent for disposal of radioactive materials in other states (possibly including Colorado).
At the outset, it must be understood that the NRC does not have regulatory authority or jurisdict on over the application by Clean Harbors Deer Trail on disposal of radioactive materials in Colorado. In early February, the Colorado Department of Public Health and Environment received a radioactive materials license application from Clean Harbors Deer Trail for disposal of certain limited low-level radioactive waste including Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM) at its facility. The Clean Harbors Deer Trail has a hazardous waste permit renewal application pending that would allow the facility to receive NORM and TENORM. The Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division will determine whether a Resource Conservation and Recovery Act (RCRA) permit may be adapted to provide appropriate protections and controls for these materials. The radioactive materials license and hazardous waste permit renewal application are being reviewed concurrently. It is our understanding that the Colorado Department of Public Health and Environment will accept public comment on this Radioactive Materials License Application through May 31, 2005 and a public meeting to present this information is expected to be held in late spring of 2005.
In addition, your letter requested a status of an application by Connecticut Yankee Atomic Power company (CYAPCO), to NRC, on disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views it as a possible precedent for disposal of radioactive materials in other states. On September 16, 2004, the Connecticut Yankee Atomic Power Company, not US Ecology, requested to dispose of demolition debris from decommissioning the Haddam Neck Plant at the US Ecology site in Idaho. *rhe request was submitted pursuant to Section 20.2002 of Title 10 of the Code of Federal Regulations, "Method of Obtaining Approval of Proposed Disposal Procedures." The approval CYAPCO sought is for an authorization to use altnerate disposal porcedures which is consistent with the language of 10 CFR 20.2002. In reviewing the request, NRC staff will ensure that any dose from the disposal will be mainatained within the dose limits set forth in Part 20, "Standards for Protection against Radiation" and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause signficant environmental impact. The staffs Environmental Assessment (EA) associated with the
CYAPCO request was published in the Federal Register on April xxx, 2005. Once the EA is published in the Federal Register, the Commission can take action on the request at any time.
The Connecticut Yankee Atomic Power Company request is not a precedent for disposal of radioactive materials in other states. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If the facility is regulated by a State entity, the disposal must not only comply with 10 CFR 20.2002, but must also comply with State requirements. The CYAPCO request provides information to demonstrate the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State requirements. Other States have also authorized disposal of naturally occurring radioactive materials in such facilities from industries outside of the nuclear fuel cycle. These materials and RCRA facilities used for their disposal are not regulated by NRC, but by the States.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz
CYAPCO request was published in the Federal Register on April xxx, 2005. Once the EA is published in the Federal Register, the Commission can take action on the request at any time.
The Connecticut Yankee Atomic Power Company request is not a precedent for disposal of radioactive materials in other states. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If the facility is regulated by a State entity, the disposal must not only comply with 10 CFR 20.2002, but must also comply with State requirements. The CYAPCO request provides information to demonstrate the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State requirements. Other States have also authorized disposal of naturally occurring radioactive materials in such facilities from industries outside of the nuclear fuel cycle. These materials and RCRA facilities used for their disposal are not regulated by NRC, but by the States.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy.
DISTRIBUTION: G20050245/LTR-05-0186 DCD r/f MVirgilio JStrosnider CRoberts, IMNS SECY LTR-05-0186 BSmith, OGC MMiller, Rgn-1 RBellamy, Rgn-I Dspitzberg, Rgn-IV Mmclean, Rgn-IV SBurns OPA PShea DWMEIP r/f OGC KCyr, OGC OCA EDO R/F Package No.:
Incoming No.:
Rsponse No.:
OFC DWMEP DWMEP DWMEP IMNS NAME MO'Shaughnessy CCraig DGillen CMiller DATE 04/ /05 04/ /05 04/ /05 04/ /05 OFC Tech Editor DWMEP DWMEP DWMEP:DD
-NAME PKleen RWhited SFlanders LCamper DATE 04/ /05 04/ /05 04/ /05 04/ /05 OFC [ OGC NMSS:OD DEDMRS EDO NAME j STreby JStrosnider l MVirgilio l LReyes
A.
DATE 1 04/ /05 1 04/ /05 1 04/ /05 1 04/ /05 OFC OCA OCM l l _l NAME NDiaz 04 /05 04/ /05 _
OFFICIAL RECORD COPY
The Honorable Mark Udall United states House of Representatives Washington, DC 20515
Dear Congressman Udall:
On behalf of the U. S. Nuclear Regulatoly Commission (NRC), I am responding to your April 6, 2005, letter to me, in which you expressed concerns about an application by Clean Harbors Deer Trail for disposal of radioactive materials in Colorado. In addition, you requested the status of an application by Connecticut Yankee Atomic Power Company (CYAPCO) for disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States (possibly including Colorado).
The NRC does not have regulatory authority or jurisdiction over the Clean Harbors Deer Trail application for disposal of radioactive materials in Colorado. Colorado is an Agreement State under Section 274 of the Atomic Energy Act and has regulatory authority over the licensing of low-level waste disposal in Colorado. In early February, the Colorado Department of Public Health and Environment received a radioactive materials license application from Clean Harbors Deer Trail for disposal of certain limited low-level radioactive waste materials, including limited Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM), from licensed facilities. This application is currently under review.
Clean Harbors Deer Trail also has a pending hazardous waste permit renewal application to allow its Colorado facility to receive limited unlicensed NORM and TENORM materials. The Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division will determine whether a Resource Conservation and Recovery Act (RCRA) C permit may be adapted to provide appropriate protections and controls for these materials. Colorado is reviewing the hazardous waste permit renewal application in parallel with the radioactive materials license application. Colorado has been conducting a public process since September 2004, and information is available on the Colorado Department of Public Health and Environment Web site at http:// ww.cdphe.state.co.us/hm/hwv36.htm. Other States have also authorized disposal of NORM from non-nuclear-fuel-cycle industries. Facilities disposing of NORM and TENORM, and RCRA Facilities are not regulated by NRC, but by the States.
You also asked about the status of CYAPCO's application by CYAPCO for disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States. CYAPCO, an NRC licensee, has requested approval to dispose of demolition debris from decommissioning the Haddam Neck Plant at the US Ecology site in Idaho. The request was submitted on September 16, 2004, pursuant to Section 20.2002 of Title 10 of the Code of Federal Regulations, "Method of Obtaining Approval of Proposed Disposal Procedures." The approval CYAPCO seeks an authorization to use alternate disposal procedures.
The CYAPCO's request is consistent with the language of 10 CFR 20.2002. In reviewing the request, NRC staff will ensure that any dose from the disposal will be maintained within the dose limits set forth in Part 20, "Standards for Protection against Radiation," and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staff's Environmental Assessment (EA) for the CYAPCO request was published in the Federal Register on April 18, 2005. The NRC may therefore act on the CYAPCO request at any time.
The CYAPCO request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPCO request provides information to demonstrate that the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz
The CYAPCO's request is consistent with the language of 10 CFR 20.2002. In reviewing the request, NRC staff will ensure that any dose from the disposal will be maintained within the dose limits set forth in Part 20, "Standards f r Protection against Radiation," and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staff's Environmental Assessment (EA) for the CYAPCO request was published in the Federal Register on April 18, 2005. The NRC may therefore act on the CYAPCO request at any time.
The CYAPCO request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other sLlch requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPCO request provides information to demonstrate that the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates CDmmission policy."
DISTRI13UTION: G20050245/LTR-05-0186 EPAD r0f KCyr, OGC SECY LTR-05-0186 B. Smith, OGC, M. Miller, Rgn-1 R. Bellamy, Rgn-l D.Spitzberg, FRgn-IV M. Mclean, Rgn-IV S. Burns M. Rodger P. Shea DWMEFP r/f EDO R/F DCD r/f ML051 040031 OFC 1WMEP DWMEP DWMEP IMNS Tech Editor NAME MO'Shaughnessy CCraig DGillen CMiller PKleen DATE 04/14/05 04/14/05 04/ /05 04/ /05 04/14/05 OFC lDWWMEP DWMEP DWMEP:DD OGC ] OSTP NAME RWhited j SFlanders LCamper l STreby l PLohaus DATE l 04/ /05 104/ /05 l 04/ /05 l 04/ /05 l04/ /05 OFC NAME DATE NMSS:OD JRStrosnider 04/ /05 j DEDMRS MVirgilio 04/ /05 EDO LReyes 04/ /05
The Honorable Mark Udall United States House of Representatives Washington, DC 20515
Dear Congressman Udall:
On behalf of the U. S. Nuclear Regulatoly Commission (NRC), I am responding to your April 6, 2005, letter to me, in which you expressed concerns about an application by Clean Harbors Deer Trail for disposal of radioactive materials in Colorado. In addition, you requested the status of an application by Connecticut Yankee Atomic Power Company (CYAPCO) for disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States (possibly including Colorado).
The NRC does not have regulatory authority or jurisdiction over the Clean Harbors Deer Trail application for disposal of radioactive materials in Colorado. Colorado is an Agreement State under Section 274 of the Atomic Energy Act and has regulatory authority over the licensing of low-level waste disposal in Colorado. In early February, the Colorado Department of Public Health and Environment received a radioactive materials license application from Clean Harbors Deer Trail for disposal of certain limited low-level radioactive waste materials, including limited Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM), from licensed facilities. We understand that this application is currently under review.
Clean Harbors Deer Trail also has a pending hazardous waste permit renewal application to allow its Colorado facility to receive limited unlicensed NORM and TENORM materials. The Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division will determine whether a Resource Conservation and Recovery Act (RCRA) C permit may be adapted to provide appropriate protections and controls for these materials. We understand that Colorado is reviewing the hazardous waste permit renewal application in parallel with the radioactive materials license application. Colorado has been conducting a public process since September 2004, and information is available on the Colorado Department of Public Health and Environment Web site at http://www.cdphe.state.co.us/hm/hwv36.htrri. Other States have also authorized disposal of NORM from non-nuclear-fuel-cycle industries. Facilities disposing of NORM and TENORM, and RCRA Facilities are not regulated by NRC, but by the States.
You also asked about the status of the application by CYAPCO for disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States. CYAPCO, an NRC licensee, has requested approval to dispose of demolition debris from decommissioning the Haddam Neck Plant at the US Ecology site in Idaho. The request was submitted on September 16, 2004, pursuant to Section 20.2002 of Title 10 of the Code of Federal Regulations, "Method of Obtaining Approval of Proposed Disposal Procedures."
CYAPCO seeks an authorization to use alternate disposal procedures.
The CYAPCO's request is consistent with the long-standing provisions of 10 CFR 20.2002.
In reviewing the request, NRC staff will ensure that any radiation doses from the disposal will be maintained within the limits set forth in Part 20, "Standards for Protection against Radiation,"
and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staffs Environmental Assessment (EA) for the CYAPCO request was published in the Federal Register on April 18, 2005, and the NRC final action was taken on April 19, 2005.
The CYAPCO request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPCO request provides information to demonstrate that the material is acceptable for burial at a Subtitle! C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements and be authorized by the State.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz
In reviewing the request, NRC staff will ensure that any radiation doses from the disposal will be maintained within the limits set forth in Part 20, "Standards for Protection against Radiation,"
and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staff's Environmental Assessment (EA) for the CYAPCO request was published in the Federal Register on April 18, 2005, and the NRC final action was taken on April 19, 2005.
The CYAPCO request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPCO request provides information to demonstrate that the material is acceptable for burial at a Subtitle! C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements and be authorized by the State.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy."
DISTRI13UTION: G20050245/LTR-05-0186 EPAD r'f KCyr, OGC SECY LTR-05-0186 B. Smith, OGC, M. Miller, Rgn-1 R. Bellamy, Rgn-l D.Spitzberg, F;,gn-lV M. Mclean, Rgn-lV S. Burns M. Rodger P. Shea DWMEFP r/f EDO R/F DCD r/f ML051 40031 *See Previous Concurrence OFC EiWMEP* DWMEP* DWMEP* IMNS* Tech Editor*
NAME NIO'Shaughnessy CCraig DGillen CMiller PKIeen DATE 04/14/05 04/14/05 04/15/05 04/14/05 04/14/05 OFC DWMEP* DWMEP* DWMEP:DD* OGC* OSTP NAME FMWhited SFlanders LCamper STreby PLohaus DATE 04/15/05 04/15/05 04/15/05 04/18/05 04/ /05 OFC l NMSS:OD DEDMRS EDO OCMIV NAME JRStrosnider MVirgilio LReyes NDiaz DATE 04/ /05 04/ /05 _ 04/ /05 04/ /05
The Honorable Mark Udall United states House of Representatives Washington, DC 20515
Dear Congressman Udall:
On behalf of the U. S. Nuclear Regulatoiy Commission (NRC), I am responding to your April 6, 2005, letter to me, in which you expressed concerns about an application by Clean Harbors Deer Trail for disposal of radioactive materials in Colorado. In addition, you requested the status of an application by Connecticut Yankee Atomic Power Company (CYAPCO) for disposal of radioactive demolition debris frorn the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States (possibly including Colorado).
The NRC does not have regulatory authority or jurisdiction over the Clean Harbors Deer Trail application for disposal of radioactive materials in Colorado. Colorado is an Agreement State under Section 274 of the Atomic Energy Act and has regulatory authority over the licensing of low-level waste disposal in Colorado. In early February, the Colorado Department of Public Health and Environment received a radioactive materials license application from Clean Harbors Deer Trail for disposal of certain limited low-level radioactive waste materials, including limited Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM), from licensed facilities. We understand that this application is currently under review.
Clean Harbors Deer Trail also has a pending hazardous waste permit renewal application to allow its Colorado facility to receive limited unlicensed NORM and TENORM materials. The Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division will determine whether a Resource Conservation and Recovery Act (RCRA) C permit may be adapted to provide appropriate protections and controls for these materials. We understand that Colorado is reviewing the hazardous waste permit renewal application in parallel with the radioactive materials license application. Colorado has been conducting a public process since September 2004, and information is available on the Colorado Department of Public Health and Environment Web site at http:/w vw.cdshe.state.co.us/hm/hwv36.htrri. Other States have also authorized disposal of NORM from non-nuclear-fuel-cycle industries. Facilities disposing of NORM and TENORM, and RCRA Facilities are not regulated by NRC, but by the States.
You also asked about the status of the application by CYAPCO for disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States. CYAPCO, an NRC licensee, has requested approval to dispose of demolition debris from decommissioning the Haddam Neck Plant at the US Ecology site in Idaho. The request was submitted on September 16, 2004, pursuant to Section 20.2002 of Title 10 of the Code of Federal Regulations, "Method of Obtaining Approval of Proposed Disposal Procedures."
CYAPCO seeks an authorization to use alternate disposal procedures.
The CYAPCO request is consistent with the long-standing provisions of 10 CFR 20.2002. In
reviewing the request, NRC staff will ensure that any radiation doses from the disposal will be maintained within the limits set forth in Part 20, "Standards for Protection against Radiation,"
and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staffs Environmental Assessment (EA) for the CYAPCO request was published in the Federal Register on April 18, 2005, and the NRC final action was taken on April 19, 2005.
The CYAPCO request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other SLIch requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPCO request provides information to demonstrate that the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements and be authorized by the State.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz
In reviewing the request, NRC staff will ensure that any radiation doses from the disposal will be maintained within the limits set forth in Part 20, "Standards for Protection against Radiation,"
and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause significant environmental impact. The staff's Environmental Assessment (EA) for the CYAPCO request was published in the Federal Register on April 18, 2005, and the NRC final action was taken on April 19, 2005.
The CYAPCO request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPCO request provides information to demonstrate that the material is acceptable for burial at a Subtitle! C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements and be authorized by the State.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy."
DISTRI13UTION: G20050245/LTR-05-0186 EPAD rjrf KCyr, OGC SECY LTR-05-0186 B. Smith, OGC( M. Miller, Rgn-1 R. Bellamy, Rgn-l D.Spitzberg, Rgn-IV M. Mclean, Rgn-lV S. Burns M. Rodger P. Shea DWMEFP r/f EDO R/F DCD r/f ML0510040031 *See Previous Concurrence JIWMEP*
OFC NAME l DATE JMO'Shaughnessy 04/14/05 DWMEP*
CCraig 04/14/05 DWMEP*
MGillen 04/15/05 IMNS*
CMiller 04/14/05 Tech Editor*
PKleen 04/14/05 OFC l IWMEP* DWMEP* DWMEP:DD* OGC* OSTP*
NAME FRWhited SFlanders LCamper STreby PLohaus DATE 04/15 /05 04/15/05 04/15/05 04/18/05 04/18/05 OFC l NMSS:OD DEDMRS EDO OCMIV NAME JRStrosnider MVirgilio _ LReyes NDiaz DATE 04/ /05 04/ /05 04/ /05 04/ /05
The Honorable Mark Udall United states House of Representatives Washington, DC 20515
Dear Congressman Udall:
On behalf of the U. S. Nuclear Regulatory Commission (NRC), I am responding to your April 6, 2005, letter to me, in which you expressed concerns about an application by Clean Harbors Deer Trail for disposal of radioactive materials in Colorado. In addition, you requested the status of an application by Connecticut Yankee Atomic Power Company (CYAPCO) for disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States (possibly including Colorado).
The NRC does not have regulatory authority or jurisdiction over the Clean Harbors Deer Trail application for disposal of radioactive materials in Colorado. Colorado is an Agreement State under Section 274 of the Atomic Energy Act and has regulatory authority over the licensing of low-level waste disposal in Colorado. In early February, the Colorado Department of Public Health and Environment received a radioactive materials license application from Clean Harbors Deer Trail for disposal of certain limited low-level radioactive waste materials, including limited Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM), from licensed facilities. We understand that this application is currently under review.
Clean Harbors Deer Trail also has a pending hazardous waste permit renewal application to allow its Colorado facility to receive limited unlicensed NORM and TENORM materials.
The Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division will determine whether a Resource Conservation and Recovery Act (RCRA) C permit may be adapted to provide appropriate protections and controls for these materials. We understand that Colorado is reviewing the hazardous waste permit renewal application in parallel with the radioactive materials license application. Colorado has been conducting a public process since September 2004, and information is available on the Colorado Department of Public Health and Environment Web site at http://wvw.cdohe.state.co.us/hm/hwv36.htrrn. Other States have also authorized disposal of NORM from non-nuclear-fuel-cycle industries. Facilities disposing of NORM and TENORM, and RCRA Facilities are not regulated by NRC, but by the States.
You also asked about the status of the application by CYAPCO for disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views the application as a possible precedent for disposal of radioactive materials in other States. CYAPCO, an NRC licensee, has requested approval to dispose of demolition debris from decommissioning the Haddam Neck Plant at the US Ecology site in Idaho. The request was submitted on September 16, 2004, pursuant to Section 20.2002 of Title 10 of the Code of Federal Regulations, "Method of Obtaining Approval of Proposed Disposal Procedures."
CYAPCO seeks an authorization to use alternate disposal procedures.
The CYAPCO request is consistent with the long-standing provisions of 10 CFR 20.2002. In reviewing the request, NRC staff determined that any radiation doses from the disposal will be maintained within the limits set forth in Part 20, "Standards for Protection against Radiation,"
and be as low as is reasonably achievable. The staff also evaluated the proposal to ensure it would not cause significant environmental impact. The staff's Environmental Assessment (EA) for the CYAPCO request was published in the Federal Register on April 18, 2005, and the NRC final action was taken on April 19, 2005.
The CYAPCO request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPCO request provides information to demonstrate that the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State of Idaho requirements and be authorized by the State.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz
The CYAPCO request is consistent with the long-standing provisions of 10 CFR 20.2002. In reviewing the request, NRC staff determined that any radiation doses from the disposal will be maintained within the limits set forth in Part 20, "Standards for Protection against Radiation,"
and be as low as is reasonably achievable. The staff also evaluated the proposal to ensure it would not cause significant environmental impact. The staff's Environmental Assessment (EA) for the GYAPCO request was published in he Federal Register on April 18, 2005, and the NRC final action was taken on April 19, 2005.
The CYAPCO request is not a precedent for disposal of radioactive materials at RCRA or other non-NRC-licensed facilities. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If a facility is State regulated, the disposal must comply not only with 10 CFR 20.2002 but also with State requirements. The CYAPCO request provides information to demonstrate that the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal mLust comply with State of Idaho requirements and be authorized by the State.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz "This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy."
DISTRIBUTION: G20050245 EPAD rf KCyr, OGC SECY LTR-05-0186 B. Smith, OGC M. Miller, Rgn-1 R. Bellamy, Rgn-l D.Spitzberg, Rign-IV M. Mclean, Rgn-4V S. Burns M. Rodgers P. Shea DWMEFP r/f EDO R/F DCD r/f SECY-LTR-05-0186 ML051040031 *See Previous Concurrence OFC IWMEP* DWMEP* DWMEP* IMNS* Tech Editor*
NAME JlO'Shaughnessy CCraig DGillen CMiller PKleen l DATE j 04/14/05 I 04/14/05 _ 04/15/05 04/14/05 04/14/05 OFC f WMEP* DWMEP* DWMEP:DD* OGC* OSTP*
NAME R.Whited SFlanders jLCamper STreby PLohaus l DATE 04/15 /05 04/15/05 04/15/05 04/18/05 04/18/05 OFC NMSS:OD DEDMRS EDO 0CM OCA NAME JRStrosnider MVirgilio LReyes NDiaz l DATE 04/ /05 j 04/ /05 1 04/ /05 104/ /05 04/ /05
i The Honorable Mark Udall United States House of Representatives Washington, DC 20515
Dear Congressman Udall:
On behalf of the Nuclear Regulatory Commission (NRC), I am responding to your April 6, 2005, letter to me, in which you expressed concerns about an application by Clean Harbors Deer Trail, to NRC, on disposal of radioactive materials in Colorado. In addition, you requested a status of an application by Connecticut Yankee Atomic Power Company (CYAPCO), to NRC, on disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views it as a possible precedent for disposal of radioactive materials in other states (possibly including Colorado).
At the outset, it must be understood that the NRC does not have regulatory authority or jurisdiction over the application by Clean Harbors Deer Trail on disposal of radioactive materials in Colorado. In early February, the Colorado Department of Public Health and Environment received a radioactive materials license application from Clean Harbors Deer Trail for disposal of certain limited low-level radioactive waste including Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Nalurally Occurring Radioactive Materials (TENORM) at its facility. The Clean Harbors Deer Trail has a hazardous waste permit renewal application pending that would allow the facility to receive NORM and TENORM. The Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division will determine whether a Resource Conservation and Recovery Act (RCRA) permit may be adapted to provide appropriate protections and controls for these materials. The radioactive materials license and hazardous waste permit renewal application are being reviewed concurnrntly. It is our understanding that the Colorado Department of Public Health and Environment will accept public comment on this Radioactive Materials License Application through May 31, 2005 and a public meeting to present this information is expected to be held in late spring of 2005.
In addition, your letter requested a status of an application by Connecticut Yankee Atomic Power Company (CYAPCO), to NRC, on disposal of radioactive demolition debris from the decommissioning of CYAPCO's Haddam Neck plant and whether the NRC views it as a possible precedent for disposal of radioactive materials in other states. On September 16, 2004, the Connecticut Yankee Atomic Powe!r Company, not US Ecology, requested to dispose of demolition debris from decommissioning the Haddam Neck Plant at the US Ecology site in Idaho. The request was submitted pursuant to Section 20.2002 of Title 10 of the Code of Federal Regulations, "Method of Obtaining Approval of Proposed Disposal Procedures." The approval CYAPCO sought is for an authorization to use altnerate disposal porcedures which is consistent with the language of 10 CFR 20.2002. In reviewing the request, NRC staff will ensure Ihat any dose from the disposal will be mainatained within the dose limits set forth in Part 20, "Standards for Protection against Radiation" and be as low as is reasonably achievable. The staff will also evaluate the proposal to ensure it will not cause signficant environmental impact. The staff's Environmental Assessment (EA) associated with the
CYAPCO request was published in the Federal Register on April xxx, 2005. Once the EA is published in the Federal Register, the Commission can take action on the request at any time.
The Connecticut Yankee Atomic Power Company request is not a precedent for disposal of radioactive materials in other states. The! request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If the facility is regulated by a State entity, the disposal must not only comply with 10 CFR 20.2002, but must also comply with State requirements. The CYAPCO request provides information to demonstrate the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State requirements.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz
CYAPCO request was published in the Federal Register on April xxx, 2005. Once the EA is published in the Federal Register, the Commission can take action on the request at any time.
The Connecticut Yankee Atomic Power Company request is not a precedent for disposal of radioactive materials in other states. The request was submitted under 10 CFR 20.2002, and other such requests have been made by licensees and granted by the NRC in the past. If the facility is regulated by a State entity, the disposal must not only comply with 10 CFR 20.2002, but must also comply with State requirements. The CYAPCO request provides informal-ion to demonstrate the material is acceptable for burial at a Subtitle C, RCRA hazardous waste facility in accordance with 10 CFR 20.2002. The RCRA facility is regulated by the State of Idaho Department of Environmental Quality, and any disposal must comply with State requirements.
I hope this letter satisfactorily addresses your questions.
Sincerely, Nils J. Diaz This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy.
DISTRIBUTION: G20050245/LTR-05-0186 DCD r/f MVirgilio JStrosnider CRoberts, IMNS SECY LTR-05-0186 BSmith, OGC MMiller, Rgn-1 RBellarmy, Rgn-l Dspitzberg, Rgn-IV Mmclean, Rgn-IV SBurns OPA PShea DWMEP r/f OGC KCyr, CGC OCA EDO R/F Package No.:
Incoming No.:
Response No.:
OFC DWMEP DWMEP DWMEP IMNS NAME MO'Shaughnessy CCraig DGillen CMiller lDATE_ 04/ /05 04/ /05 04/ /05 04/ /05 OFC Tech Editor DWMEP DWMEP DWMEP:DD NAME. PKleen RWhited SFlanders LCamper DATE 04/ /05 04/ /05 04/ /05 04/ /05 OFC OGC NMSS:OD DEDMRS EDO NAME STreby JStrosnider MVirgilio LReyes DATE 04/ /05 04/ /05 04/ /05 04/ /05 OCA OCM 1
MElI NDiaz Ill 041 /05 A 04/ /05 l OFFICIAL. RECORD COPY