ML20126A187
| ML20126A187 | |
| Person / Time | |
|---|---|
| Issue date: | 12/11/1992 |
| From: | Surmeier J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Alonzo Richardson ENVIRONMENTAL PROTECTION AGENCY |
| Shared Package | |
| ML20126A190 | List: |
| References | |
| REF-WM-3 NUDOCS 9212180029 | |
| Download: ML20126A187 (3) | |
Text
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-).; NUCLEAR REGULATORY COMMISSION WAGHINoTON, D C. 20VA g . **
L ,i g Mr. Allan C.B. Richardson, Deputy Director Federal Guidance Office of Radiation and Indoor Air U.S. Environmental Protection Agency 401 M Street, SW Mail Stop 6602J Washington., DC 20460
Dear Mr. Richardson:
The U.S. Nuclear Regulatory Commission staff has completed the final Staff Technical Position (TP Uranium Mills, a copy o)f which is enclosed for your review and comment.onThis Al TP provides guidance for preparing and reviewing ACL applications for uranium and thorium mill tailings sites regulated under Title 11 of the Uranium Hill Tailings Radiation Control Act (UMTRCA). Specifically, the TP describes NRC requirements for instituting ACLs; the standard format and content of ACL applications; and ACL application review criteria and procedures. We would like the Environmental Protection Agency's (EPA) comments or suggestions on this TP before we announce its availability in the Federal Reaister.
The final TP on ACLs represents a revised and updated version of our draft TP, which was announced in the Federal Reaister on June 30, 1988 (53 f3 24820). I gave you a draft copy of our proposed final TP during our meeting of August 13, 1992. It should be noted that the proposed final version has been slightly modified based on comments from our Commission.
We consider the final TP on ACLs to be generally consistent with EPA's
" Alternate Concentration Limit Guidance, Part 1: ACL Policy and Information Requirements," which EPA published in July 1987 for establishing ACLs at hazardous waste management sites under the Resource Conservation and Recovery Act. Like the EPA Guidance, the NRC final TP requires that ACL applications demonstrate, on a site-specific basis, that a proposed ACL does not represent a substantial present or future hazard to human health when use of ground water for drinking purposes must be considered.
We have modified the proposed final guidance to strengthen the provision relating to a proposed point of exposure (POE) that is beyond the area that the appropriate Federal or State agency is required to accept for perpetual care under the land transfer provisions of UMTRCA. In such instances, our final TP requires that the applicant secure a binding predetermination of whether the State or Federal government will be the eventual site custodian, and an authoritative commitment from that party that it will accept the land
- prior to terminatica of the license.
In addition, the final TP requires that ACL applications include a health risk assessment to determine allowable concentrations at the POE for constituents !
for which ACLs are proposed. We have modified the specific cancer risk factor l
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s Mr. ' Allan C. B. Richardson 2 containedinEPA'spCLguidance. Specifically, the total lifetime cancer risk is specified at 10' -1C' in the EPA Guidance; in our final TP, tle risk standards, contained in 40 CFR Part 190, have been referenced instead as a i guide for determining the maximum r,isk allowed at a particular site. Based on a risk conversion factor of 5 x 10' per person-rem for doses to the public that are within the 1,imits of Part 190, a maximug annual individual risk of approximately 1 x 10' , or a lifetime risk of 10' , would, therefore, be allowed under the TP. We believe that adopting the EPA standards in Part 190 in our TP is in the spirit of risk harmonization activities between the two Agencies.
We believe that a tinely release cf the final TP on ACLs for Title 11 Uranium Mills is now needed by ACL applicants, as well as the reviewers of ACL applications from NRC. Several ACL applications have already been received by our Uranium Recovery Field Office (URFO), and more application submittals are expected by URF0. We would like to make the TP available to prospective users as soon as possible. I must, therefore, ask that EPA provide us with any comments on the TP by January 19, 1993.
Sincerely, , ,
JohnJ.Surm'eIer,' Chief Uranium Recovery Branch Division of low-level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated (TKT N 92-660 (E00 Wit.#9200264)
Distribution: Central.Filef ' NMSS r/f LHamdan RBangart WBrach JAustin JSurmeier SBahadur MFliegel DGillen LLUR r/f Mlayton CJenkins LLWM t/f Dir r/f MKnapp CDefino RHall,URF0 GKonwinski,URF0 LJCallan,RIV PDR YES X NO Category: Proprietary or CF Only ACNW YES % NO SUBJECT APSTRACT: EPA COMMENTS ON NRC FINAL STAFF TECH POS ON ACLS FOR TITLE 11 URAN MILLS (FOR [B)-
- SEE PREVIOUS CONCURRENCE OFC LLUR* LLUR* LLUR C
NAME LHamdan/eb MFliegel JSurmeier DATE 12/09/92 12/09/92 /> /// /92 S:\LLWMTYPE\EDIE\EPAACLS.LSH OFFICIAL RECORD COPY (C= COVER /E-COVER & ENC /N NO COPY)
9 Mr. Allan C. B. Richardson 2 containedinEPA'spCLguidance. Specifically, the total lifetime cancer risk is specified at 10' -10' in the EPA Guidance; in our final TP, the risk standards, contained in 40 CFR Part 190, have been referenced instead as a guide for determining the maximum risk allowed at a particular site. Based on a risk conversion factor of 5 x 10 per person-rem for doses to the public that are within the 1 approximately 1 x 10',imits of Part 190,
, or a lifetime risk ofa 10' maximurg
, would,annual individual therefore, be risk of allowed under the TP. We believe that adopting the EPA standards in Part 190 in our TP is in the spirit of risk harmonization activities between the two Agencies.
We believe that a timely release of the final IP on ACLs for Title 11 Uranium Mills is now needed by ACL applicants, a:: well as the reviewers of ACL applications from NRC. Several ACL applications have already been received by our Uranium Recovery Field Office (URF0), and more application submittals are expected by URFO. We would like to finalize this TP and make it available to prospective users as soon as possible. I must, therefore, ask that EPA provide us with any comments on the TP by January 19, 1993.- If no response is received from the EPA by that time, we will proceed with the necessary steps to announce the asailability of the final TP in the federal Bfoister.
Sincerely, John J. Surmeier, Chief Uranium Recovery Branch Division of Low-level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards /
Enclosure:
As stated (TKT N 92-660 (EDO Wit #9200264)
Distribution: Central file # NMSS r/f LHamdan/ RBangart' WBrach JAustin JSurmeier SBahadur MFliegel DGillen LLUR r/f Mlayton CJenkins LLWM t/f Dir r/f MKnapp CDefino RHall ,URF0 GKonwinski,URF0 LJCallan,RIV PDR YES' NO Category: Proprietary / or CF Only ACNW YES Z NO /
SUBJECT ABSTRACT: EPA COMMENTS ON NRC FINAL STAFF TECH POS-ON ACLS FOR TITLE II URAN MILLS (FOR EE)
,LLUR- C C, 0FC 3 Lit [ LLUR NAME TYulamdan/eb hFliegel'- 'JSurmeier DATE 12 /4 /92 />/ f /9'2 / /92 St\LLWMTYPE\EDIE\EPAACLS.LSH OFFICIAL RECORD _ COPY (C= COVER /E COVER-& ENC /N N0 COPY) l
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