ML20137M854

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Requests Draft Independent Review Package on Rulemaking within 7 Days of Memo Date to Assist RES in Completing Independent Review in Timely Manner
ML20137M854
Person / Time
Issue date: 03/22/1985
From: Gillespie F
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Goller K
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20136E683 List:
References
FRN-49FR46418, RULE-PR-40 AB50-2-18, AB56-1-32, NUDOCS 8512040018
Download: ML20137M854 (2)
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Text

c,J #  % UNITED STATES

.7 t NUCLEAR REGULATORY COMMISSION j WASHINGTON, D. C. 20555 MAR 2 21985 MEMORANDUM FOR: K. R. Galler, Director Division of Radiation Programs and Earth Sciences, RES FROM: Frank P. Gillespie, Chairman RES Independent Review Board

SUBJECT:

CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW 0F ONGOING RULEMAKING Enclosed RES is a rulemaking independent review. (review package Enclosure 1) received from a sponsoring office for In accorda'nce with procedures approved by the EDO on May 30, 1984, the rule-making review package is assigned to your Division for action. (Enclosure 2).

The ED0-approved procedures allow a total of 20 working days -for completing the RES independent review. To assist RES in completing its independent review in a timely manner, please submit the draft independent review package for this specific rulemaking to RAMRB by 7 working days from the date of this memorandum.

b' 7V s9 Frank P. Gillespi , Chaiman RES Independent Review Board

Enclosures:

l l 1. " Uranium Mill Tailings Regulations:

Confoming NRC Requirements to EPA Standards" (10 CFR 40)

2. Procedures for Conducting RES Independent Review of Rulemakings i

l 8512040018 851115 PDR PR 40 49FR46418 PDR

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OFFICE REVIEW PACKAGE RECEIVED FROM NMSS l

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l MEMORANDUM FOR: William J, Dircks 1 Executive Director for Operations '

FROM: John G. Davis, Director  !

Office of Nuclear Material Safety '

and Safeguards

SUBJECT:

CONTROL OF NRC RULEMAKING - EDO QUARTERLY REVIEW l

In response to your memorandum of February 13, 1984, ano in accordance with instructions provided in subsequent memoranda from the Office of Nuclear Regu-latory Research (NRR), the Office of Nuclear Material Safety and Safeguards (NMSS) has reviewed the ongoing or proposed rulemaking activities listed in Attachment 1 to this memorandum. On the basis of our review, we recommend approval of continued activity on these rules, with the exception of "Certifi-cation of Industrici Radiographers" and " Shallow Land Disposal of Radioactive Waste". Staff efforts on these are now directed toward terminating the two rulemaking activities.

Also, as directed by your memorandum and the subsequent instructions from RES,

, we have prepared Review Packages for all of the listed rulemaking activities.

These are included as attachments to this memorandum, with copies forwarded to RES and the other reviewing office .

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f J hn G. Davis, Director Office of Nuclear Material Safety and Safeguards 2

Attachments:

As stated bec: RES 1 RM DRR

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ges DIVISION OF WASTE MANAGEMENT

" Uranium Mill Tailings Regulations: Confoming NRC Requirements l to EPA Standards"

Contact:

Kitty Dragonette 427-4300 l

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NRC REGULATORY AGENDA ENTRY

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- Urstriust'MilI- TaIdn.gs Regulations: Conforming NRC Requirements to EPA standards -

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Crm CI.TA. TION:

17 CFR' 4Q . .

ARETRACT:

- - The proposed rule would revise the Nuclear Regulatory l Commission's regulations governi.ng the disposal of uranium mill  !

tailingr to conform then to regulations recently published by the Environmental Protectierr Agency that. set standards f or protecting the environment from these wastes. The proposed rule would remove inconsisteneiss between NRC and EPA requirements and incorporate irr NRC regulat. ions the stability, radon release, and other provisions of the EPA standard not related to groundwater. This aeriorr ir necessary to comply with provisions of the Uranium Mill '

Tailingt Radiation Control Act and the NRC Authorization Act for FT 1983r therefore no aiternati.ver to this action need to be .

considered. EPA has estimated that compliance with their recently l putrlished regulations would cost the uranium milling industry from about. 5310 million to $540 million to dispose of all existing tailings and tailings to be generated by the year 2000.

This includer the coser of the groundwater protection provisions which.are to be addressed in future NRC rule changes. The EPA regulations are bindirig on NRC licensees in the interim. The final rule should be in place within 6 months af ter p and reiguire =1y : i--l (lece )

k[e+ublication nen 0.2 FTEt of the NRC proposed staff resources. rul ,

TIMETABLE: C** / f 8 NPRM Ml%h lll2(,fg'q Nas

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LEGAL AUTHORITY: # 4e ce /pr

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,/a/.*=fa d 42 USC 2014; 42 USC 2092; 42 USC 2093; 42 USC 2094; 42 USC 2095;Wlf 42 USC 2111; 42 USC 2113; 42 USC 2114; 42 USC 2201; 42 USC 2232; 42 USC 2233; 42 USC 2236; 42 USC 2282; 42 USC 2021; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No

) e cMm.

AGENCT CONTACT:

Kitty S. Dragonette Office of' Nuclear Material Safety and Safeguards Washington, DC 20555 301 (27-4300 m

92

TITLE:

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards .

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_CFR CITATION: 1 10 CFR 40 l ABSTRACT: I The proposed rule would revise the Nuclear Regulatory l Commission's regulations governing the disposal of uranium mill tailings to conform them to regulations recently published by the ;

Environmental Protection Agency that set standards for protecting the environment from these wastes. The proposed rule would remove !

inconsistencies between NRC and EPA requirements and incorporate in NRC regulations the stability, radon release, and other provisions of the EPA standard not related to groundwater. This action is necessary to comply with provisions of the Uranium Mill Taili'ngs Radiation Control Act and the NRC Authorization Act for .

FY 1983; therefore no alternatives to this action need to be considered. EPA has estimated that compliance with their recently published regulations would cost the uranium milling industry from about S310 million to 5540 million to dispose of all existing tailings and tailings to be generated by the year 2000.

This includes the costs of the groundwater protection provisions which are to be addressed in future NRC rule changes. The EPA regulations are binding on NRC licensees in the interim. The final rule should be in place within 6 months after publication of the proposed rule and require only nominal (less than at $25,044) NRC staff resources.

TIMETABLE:

NPRM 11/26/84 49 FR 48418 NPRM Comment Period Begin 11/26/84 49 FR 48418 NPRM Comment Period End 01/10/85 Next Action Undeterr.2ned i

, LEGAL AUTHORITY: ,

t 42 USC 2014; 42 USC 2092; 42 USC 2093; 42 USC 2094; 42 USC 2095; l

42 USC 2111; 42 USC 2113; 42 USC 2114; 42 USC 2201; 42 USC 2232; 42 USC 2233; 42 USC 2236; 42 USC 2282; 42 USC 2021; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No i AGENCY CONTACT:

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Kitty S. Dragonette I

, Office of Nuclear Material Safety and l Safeguards

! Washington, DC 20555 301 427-4300 36 Q v.4.

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RULEMAKING AS CURRENTLY PROPOSED OS

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TEXT OF FINAL RULE HAS NOT YET BEEN DRAFTED 4

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4 BACKGROUND INFORMATION l

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ma Preposed Rules *

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. Wednesday. january 16.1s95 The secson et me FEDERAL REGISTER poet PWemesa mePensBA110se CoseTACT:

eentems noeces to me ,putme of me Robert Fonner. Office of the Executive poposed amouance of ndes an8 14 sal Director, on (301) 4e2-eee2. or W The pumose of moes nascos Kitty S. Dragonette Division of Waste bOM persons an blanagement on (301) 427-4300. U.S.

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  • 8" "'8 " ** "d* Nuclear Regulatory Comunission.

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Washington. D.C. 20555.

Dated at Wealdagton. D.C., this tith day of janeery. tess. f NUCLEAR REQULATORY

  • For the Nuclear Regulatory Coaunission.  ;

COMMISSION Samuel J.GiE6 y y y 4g Secretaryof6e Conunission.

[FR Dec.86-12ss Filed 1-16-46; s.45 esi] l Urantuni RAW Taung Regulatione; 8*****"-***

t " ..._.; NRC Requireneents to tpA Standartis Aasseev: Nuclear Regulatory rhmientan ~

ACTiest proposed rule: extension of comunent period.

euessaany: On November 28.1984. (40 FR 46418), the NRC published for public counent a proposed rule amending its

.sgulations erning the disposal of ernaium - tailings.& proposed changes are intended te conform cxisting NRC regulations to the regul tions published by the F vironmental protection Asency,b

.unent period for this proposed rule w s to have expired on January 10,1985.

A number of commenters have requested an extension of the comment period.In viewof theimportanceof the proposed rule, and the desire of the -

Commission to allow all parties to fully capress their views, the NRC has decided to extend the comment period for an additional thirty days.De calended comment period now expires on F;bruary 10,1985.

satsa:%e comment period has been extended and now expires February 10.

. 1985. Comunents received after this date will be considered if it is practical to do

, so but assurance of consideration j cannot be given except as to comunents '

received before this date.

Aoonassas: Send written cornments or sugges' ions is the Secretary of the Commission. U.S. Nuclear Regulatory .

Convnission. Washlagton. D.C. 20555.

Attention: Docketing and. Service Branch. Copies of comments received' '

ay be examined et the NRC public p)ocument a Room.17.7 H Street NW.

W:shington D.C.

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B.2 gggg Federal Register / Vtl. 40. No. 228 / Monday. November D 1ges / Proposed Rules considerenon may not be given except opportumty for pubhc comment. Today's for comments received on or before this l

proposal addresses that responsibihty da te-Psevious Actees assessees: Mail comments to Secrete'y. U.S Nuclear Regulatory In I"f'*8 ""h secuen 14al of the Commission. Washmgton DC 20S55. NRC Authonsation Act. the Commission

Attention Dockenns and Semce suspended poruons of its October 3 99nch Dehver comments to Room 1121. 1000 mill taihngs regulations after notice m7 H Street NW Washington. DC and onottumty for pubhc comment (4a between 5.15 a.m and S 00 p.m F1t 35350 August 4.1883). As required weekdays by the Act. this suspension termmsted automatically Apn11. tees Those m Mnsesi unionesanon contact: pornens of the Comt.inssion s regulations Robert Fonner. Office of the Executive which were suspended we*e those that Legal Director. telephone (301) 492-eae2. were determmed to be in confhet or or Otty S. Dragonette. Divimon of econsistent with DA's proposed Wnte Management. U.S. Nuclear reqetrements. More specifically. the Regulatory Commission. Washangton. suspended poruons were those that DC 30655. telephone 1301) 427-43co- would require a maior commitment or misetaasestfasty useenesatseer The maior action by hcensees which would l

Nuclear Regulatory Co== mason (NRC he unnecessary if: (1) The UA proposed or Comaussionl as proposing standards were promulgated m has!

mod Acations to its regulanens for the form without modification. and (2) the purpose of conformang them to generally Caenussion's regulanons were mod: Sed appbcabia requirements recently to conform to the EPA standards. The promulgated by the Ennronmental obtective of the suspensson was to avoid protecuan Agency (DAl.nese eew a situeuon where a heensee or appbcant DA requirements are contamed na might make a maior somsutment er take Subparta O and E of 40 CFR Part 192 (44 a maker action which would be FR essas; October ?.1s83). are unw.seeary or ill-adnaed after applicable to the manegement of embosquent rulemaking to modify uraruum sad thonum byproduct permanently the saastmg tegulauons on matenal. and became effecove for NRC the basis of DA's Anal standards.

and Agreement State heensees and )

The Anal EPA standards are very hcease apphcam on December 4.1883. simular to those that were proposed.

The action peposed herein would  :

Never.heless. the ru-mission has ,

modify previously existms regulations of reconsidered the apr'opneteness of l the Commaseson to confom them to the changes to Appendus A to 10 CFR Part i leUCLEAR REGULATORY new DA requirements. aad would 40 in laght of the new DA standards. '

CoaststS840ed incorporate certain of the new DA and the need for addational supportmg requiremene ato the r % mon's documentanon. The changes proposed '

M CPR Pen 40 regulaeons.1he affected Commission today are more modest than the Uranium 8001 Taelng W hoes ere[ahed in Appeadat A pronous suspension.

g t enneng MC RN to EPA Scopa me Propeea!

', gg,,,,,,, promulgeted in Saal form on October 3.

leen (48 FR 88421). In addition to confoname its existmg j acescy: Nuclear Regulatory The modincanons to Commussion reguist4cas to new DA standards.

! Comaasseion. regulaeone proposed harem will undec the provisions of the UMTRCA.

acnost Proposed rule. incorpore'e withan NRC regulanons the Comaussion has a harther legulated some of the new EPA requirements ne responsibthey:it must e*tsbhsh general I sussesant:The Nuclear Regulatory oction that the Commission will tsh requirements. for the management of Cedmmission (NRC)is proposing to with respect to the remamder of these byproduct matenal. with EPA amend its regulebone govermaag the new DA requartments is the sub iect of concurrence, which are, to the maximum disposal of uratuum adi taihngs.The an Ad~enced Notice of Proposed proposed rule extent practicable. at least comparable are istanded to Rulemaking (ANPRM). which requesa to requaternents appheable to the conform exisung C nons to the conur.ent on that subject. also issued management of similar besardous regulauons pubbshed by this day.These new DA requirements Ennronmental Protection Agency fcr matenal regulated by the DA under the were devirloped and issued by DA Solid Waste Disposal Act (SWDAl. as the protection of the environment from puromant to secten 273b. of the Atomic these wastes. This actaon is being taken amended. The Comsnission deliberated Energy Act (42 U.S.C. 30221. as added by as to how best to de'el with these related to comply with the legislative mandate section 20s of Pub. L 3H04. the rulemaking needs and decided on the set out m the Uranium Mill Taihnes Urstuum Mill Taalings Ra diauon Control course of action resultmg in this

, Radiahon Control Act and the NRC Act of 1978 (UMTRCA). Under section proposal and the accompanying

! Authoritation Act for FY 1983 te(s) of Pub. L 37-418. the Nuclear ANPRM. This proposal addresses all the eats: The comment perted empires on Regulatory Commuoion Authonsstion changes to the exiseng Commission January 10.1s86. Comments received Act for hecal years test and 1s83. the reguleuene in Appendia A to 10 CFR ofter this date will be considered 9 tt is Commisson was directed to conform its Port 40 that can be legelly promulgated practical to do ao but assuracice of regulations to UNs with notice and without additional supporting i

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Federal Resister / Vol. 49. No. 228 / Monday, November 28. 1984 / Proposed Rules 44419 documentauon. Other changes to the (2) Adhere to apphcable requirements standards promulgated by the Commission's regulatacea for null in 40 CR Part 440. "Om Mmmg and Envimnmental Protection Agency in 40 tailmes management resultir23 from the Dressms Point Source Cattgory: Effluent CR Part 132. Subparts D and E."

EPA standard are the subject of the I. imitations Guidelines and New Source Aeoson:The flexibihty to propose accompanymg ANPRM. Performance Standards. Subpart C. alternativ r1 to the Commission s and Th'e content of these two rulemokmss Uratuurn. Radium. and Vanadium Ores EPA standards was meluded m Pub L also may be charactenzed in terms of Subcategory / f6-415 changes to the AEA. The added the need for EPA concurrence. although (31 Mamtem releases of redon to the paragraph paraphrases the language in that was not the decidmg factor. This atmosphere dunng operations as low as Secuan tec.The added paragraph proposal consista of modifications not is practicable: emphcitly acknowledges the legislauwe requiring EPA concurrence, meludmg (41 Close disposal areas so as to intent and provides beensees and conformme changes to existmg NRC p onde reasonable assurance of apphcants the opporturuty to propose rules and mcorporsuon of EPA effecuve control fw 1.000 years to the extent reasonably achievable. and. m alternatives as a rouune hcensms requirements net denvmg from the matter. Licensees would have to provide SWDA. Those rrodifications that are the anv cast for at least 200 years: a site specific renonale to enable the sublect of the ANPRM accompanymg (5) 1.inut average posMoaum M"*" Commise on to make the mquimd this proposal denvmg from the SWDA of radioact we redon gas to no more than fin'dtng. This genenc approach was require EPA concurrence pursuant to 20 picocunee per square meter per taken matead of modifpng mdividual secuon 84 of the Atomic Energy Act. second (pCi/ms .s) and enteria to provide flexibthry. A genenc Modifications addressed m the ANPRM (6) Set hmits for residua approach avoids the chance of not include:(1)Incorporsuon into NRC concentranone of radioactive radium

' identifying all areas where flexibility regulauona of SWDA requirercents left an soil. above backsmund. e onente may be needed and pmeerves the

! ' areas not subject to the closun already unposed by the EPA. (2) any existmg support for Appendix A.

I M941" M nt8 " I888'"1788d 08

  • further modificauces to NRC regulauens Administrouwely, alternanvee an easier necessary to estabhsh SWDA. "I'8 " C'"I'*I' to process under an exphcit pmytaion comparable requaremente as called for Propeeed ModaAcations and Rationale than excepoosa to rules.

by the UMTRCA. and (3) any further modancanons needed to addmes in accordance mth the above. the 2 Cstenon 2 preecnpuve provisions that were Comminion proposee the followmg modifications to Appendix A to 10 CFR I" pengmA Mm M auspended pnor to Apnl L 1ste but not p,n g phrase .I.yfor thousanda of years proposed for modification by this acuon. * * * " and insert " * * * ."

This course of acuon was chosen to J. Introduction Aeoson: The thousands of years allow the Commission to both conform language conAicts mth the 40 CR its regulations to DA's and tacorporate (a)In the second sentence of the third paragraph. change "amendability" to 132.32(b) standard of design of control non.SWDA pmvisions in a prompt and "amenabihtv.-

orderly manner and deal with the mesume to be effective for 1.000 years.

Aeoaon: This change corrects a (b)in the second hated item of the complex of SWDA requirements and typographical e. Tor. first paragraph. delete the word seeues in a separate. comprehensive and (b) Delete the fourth paragraph in its "uaa ble."

usufied rulemakmg. entiretv. Aeoson Both 40 CTR 284.221 and 40 t

Centent of This Proposal Acason:This change deletes an CR 204.92. which are meluded by mformanon submittal requirement reference in 40 CFR 132.32!al, require The new UA requirements in 40 CFR l which was estabhshed m connection isolauon of contasunants from all Part 192. (44 FR 45926) included by mth implementation of the ongtnel qualiues of groundwater, not rust usable reference several secuans from 40 CR Appendix A cnterta. The due date groundwater sources.

Part 264. promulgated by the DA onstnally set for euumattala is past. A pursuant to authonty provided by the new due data for revised submittals ta Resource Conservation and Recovery not conandered necessary. tai 0 lete the mo<tiher* "hish quehis ~

Act (RCRAl. which modified the SWDA. (c) Add the following paragraph at the for groundwater in the second sentence These SWDA (or RCRAl tequitstaenta end. "I.icensees or apphcants may imposed under 40 CM Part 192 are of the second paragraph.

propose alternatives to the specific - Aeoson: The DA standarda require addressed in the ANpRM accompanytag .requirementa m this Appendix. The protection of all qualiues of this propoest The few conforming alternauve proposals may taxe into changes to NRC's exianne Appendix A groundwater not lust high quahty secount local or regional condinona. sources.

regulations made necessary by these meludmg geology. topography.

newly imposed SWDA ..d. nta are hydrology. and meteorology. The # C"""#" #

addressed in this document. as are . Commission may find that the proposed conformme changes and othe* changes -

(a) Revise paragraph (al by deleting alternatives meet the Commission e " maximum possible flood" and meertmg necessary to reflect and incorporate the requirements if the alternatives will " Probable Maximum Flood /*

' non.SWDA elementa of DA's new achieve a level of stabihzation and requirements. These non.SWDA Aeoson: Probable Maximum Flood contamment of the sites concerned. and reflects the appropnate hydrologic terms l provtstons melude requirements to- a level of protecuan for pubhc health. for a design basta and the ongmalintent (11 Adhere to appheable requirements safety. and the environment from m to CFR part 190. "Enytronmental of the provision when Appendix A was

, radiological and noncediological promulgated.

I Radiation Protection Standards for hazards associated mth the sites, which i'

Nuclear Power Operations" for uranium is equivalent to, to the extent # U*"*" #

byproduct matenal, and essentially the practicable. or more etnngent than the (a)la the flret paragraph. delete the same requirements for thenum level which would be achieved by the j byproduct matenal: first two sentences begmams " Steps requ.rementa of this Appendix and the shall be taken * * * " and endmg i

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SGS Federal Register / Vel. 4s. Ns. 228 / Mond3yl November 26. 1964 / Proposed Rules

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  • potennel use.' and the phrase "' ' ' an earthen cover shall be placed ovw (d) At the end of Cntenon 6. add e is order to accomplish than oblective."In taihngs or wastes at the end of milling new peregraph to read. "The design 1 the third sentesca. operanons and the waste disposal area Ascaon:The EPA youndwater requirements m this Cntenon for .

shall be closed in accordance with a longevity and control of redon releases protecnon standards referenced in 40 design I whis.h shall provide masonable shall apply to any pornon of a licensed CFR 192.32(a) do not permit any seepage assurance of control of radiological and/or disposal site unless such port: ort to groundwater.

hasards i.. sit Re -nim m e. int om- contema a concentration of radium m (b)in the first 1:sted item under the first paragraph beginnmg with thousand years. to the extent reasonably land. averaged over areas of 100 square achievable. and. in any caserfor at least meters. which. as a result of byproduct "Instalianon of * *

  • delete the words 200 years. and (ii) hmit releases of

" tow permeabshty" as a charactenstic of matenal does not exceed the bottom Imers.

redon.222 from uranium byproduct background level by more than:li) 5 Aeoson: The EPA groundwater matenals. and redon.220 from thonum picocunes per gram (pCi/g) of radium.

protecuon standard referenced m 40 byproduct matenals. to the atmosphere 226. or. m the case of thonum byprodtiet CFR 192.32(a) requires a Imer that so as to not exceed an sverage 8 release matenal radium.228. averaged over the rate of 20 picocunes per square meter prevents sugration of wastes out of the first 15 canumeters (cm) below the per second fpC /m8s)." surface. and (i415 pCi/g of radium.228.

l impoundment mto the adiacent soil and groundwater. law permeabihty imphes Acoson:The change replaces previous br. in the case of thonum byproduct that some migration to allowed. Commission requimments for nuaimum material radium-228. averaged over 15-cover thickness and post-closure redon cm thick layers store than 15 cm below (clin the second paragraph besmmns "Where groundwster impacts * * * " control with the EPA standards for the surface."

delete the phrase "to its potenual use longevity and redon control De EPA Amoson:This change incorporetes the before mulhng operations began to the standard in 40 CFR 192.32fb) for EPA requirements for site cleanup environmental protection after closure outande the actual dasposal area. m

"*M"". '$'"g'p$*,*','**d in 40 CFR specifies that the control method must areas where the longevity and redon provide reasonable assurance that control closere standards are not ires a o t ai m to releases of redon.222 do not esosed 20 apphcable (see 40 CFR 192.32(b)(2) and restore groundwater to standards picocunes Per square meter per second. 192.41).

!' estabhahed under 40 CFR 264.92-264.94.

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th o'f co U a 7. Cnterion #

d ada o a rd Restoration of funcuon Wagnin and men Messe (a) At b W h nm M

[d"*'Q , t inconsistent with EPA standard.

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nnal e is and will be deteramed based on meetmg the 20 value meteed of 2. The three meter mmtmurn procripuve paragraph. add a new sentence to read "Dunne operations and pnor to closure.

radiation dosee frors redon emissions (d) Delete in its enttrety the third requ roment was developed to achieve a from surface impoundments shall be paragraph begmama "Wlule the pna tay 2 picocune emanation rate based on the kept se low as is practicable, assumed typical soil condinone. Aeoson: Die change mcorporates the method of protectmg grourdwater.sha.ll be isolation * * *

  • and ending . . (b) Add to Critenon 4 the foUowsng EPA requirement imposed under to CFR from curnnt or potennel uses.- two footnotas which accompany the te2.32faH4).

Aseson:The EPA standards for revised Aret sentence: footnote. (1)"The (b) Following the tined full paragraph groundwater protection m 40 CFR standard apphee to desip. Monitorms of Cntenon 4. rust before Cntanon 4A.

192.32f al protect groundwater pnmanly for redon after installation of an insert the following two new

! on the basis of background. level apprepnetely desagned cover is not i peregrapha: '

coocentrouon hauts for barzardous requared." and footnote (2) " Time "Milhng operations pteducm3 or consututents. and not m terms of current smage shah spply to th enum surface invoinns thonum byproduct matertal or potennal uses. The deleted sentence of each disposal area over penoda of at allowed consideration of tailings an laaet one year. out short compared to shall be conducted in such a menner as to provide reasonable assurance that the contact with groundwater. De EPA 100 years. Radon will come from both annual dose equtvalent does not exceed 1 standard permite no seepage to uranium byproduct matenals and from 25 millireme to the whole body. 75 groundwater. covenne materiale. Redon emissions milhrems to the thyroid. and 25 le)la the first sentence of the Afth from covenne matenale should be mulhroma to any other organ of any paragraph begmame " Die mformation , estimated as part Of developing a member of the public as a result of shall be gathered * * '" d&He the word closure plan for each site. The standard.

exposure to the planned discharge of

" usable" where it modifies howew. applies only to emissions from radioecuve matenals. redon.120 and its

" groundwater.-

byproduct matenals to the atmospnere." daughters excepted. to the gueral Aeoson:The EPA standard m 10 CFR Aeoson: This change fully i environment."

192.32(a) does not disangunh between mcorporates the EPA radon control

" usable" and nonusable acquifers. The standard. "Uraruum and thonum byproduct groundwater protecnon standard matenals shall be managed so as to (c)in the Alth sentence of the nrst co tform to the apphcable provisions of apphes universally to acquifers of any paragraph. replace "non soiled" mth quahry or potential use. Title 40 of the Code of Federal "non soil" and replace the words "to Regulanone. Port 440. Ore Mmms and S. Critenon a reduce taihnes covers to less than three Dressma Foint Source Category Effluent meters" with the words "as cover Limitanone Gedehnes and New Source (a) Delete the first sentence m matenata."

entirety. begirmms with "Sufficant earth Perfonnance Standards. Subpart C.

Asanon:The Bret change sorrects a Uranium. Radiosi, and Vanadios Ores cover * ' '" and endmg with "* *

  • typographical arrer. De second is an meter per second.". and m tta pla:e Subcategory, as codified on isnuary 1.

editonal change to be a:,nassent with 1983.*

tnsert "In cases where weste byproduct matenalis to be permanently dtaposed. the delenan of We three meter aunmeian Aeoson-Dees new paragraphs requtrement as discussed as (a) above. incorporate EPA requirementa imposed

I Federal Register / Vol. 4g. Ms. 22s / M:nday. November 28. 1964 / Proposed Rules assu undere CPR ve141(d) sad to CFR regards nranium mill t:0ings sites and 1st32 fem 3), respectreaty. rulemaluas action. can be newed as the  ;

have no broeder connotanon. lead agency.

a. Cnterre 2. 7.9.10.11. and 12 am not The Comnussion beheves tha effected by the new IPA standards or hcansee proposals for altamauves can p,,,,,,,g g,g,,,,, g g, 3 g,,,,,,,

editonal changes and no modtlicauon is be an unportant and effecme way to

  • proposed for any poruon of '. base This prop-M rule does not coseam a help deal with the problems assocasard )

i cntana. with iseplamanung the new EPA new or amended infortneteon coHecten requirement subiect tr., the requirements Commason Authenty and standards. De Commiseeon expects that of the Paperwork Raductan Act of1950 I' - ilD it may require several years to have its (44 U.S.C. 3301 et seq 5 Emisung conformmg regulanons fully in place. It requirements were approved by the Secnos etc. of the Atomac Energy Act escpects to use the flembtlity provided state that. A IJonesee may propose by secuan M in the interun to corisider Office of Management and Budget i alternatives to specific requirements approval seaber 21SO-002E and approve alternative proposals from adopted and enforced by the Regulasary Fleadhi5ty CarttScation licensees. Secuon Mc.prowdes NRC Consuseon undee this act. Such sufficient authonty to mdspendently attemative proposals may take mto As required by the Regilatory account local or regional condicons. approva attemauves solong as the Flexibility Act of 19eo. 5 U.S.C. aos(b),

Commission can make the required meludmg geology, topography. determmation. .the Commtasion certtfles that th!s rule ,

hydrology and meteorology. The willnot,dpromulgated have a i

Coeunission may tres such alternanva 4 Imput of the Proposed has sagruficant econosuc impact upon a as sausfyms Cominission requirernents substannal number of small entities.

if the Commissaca determunes that such De Commission's actica in propostng Therefore, we have not perfanned a these modifications to Lta regulations la I

alternatrves wiu echieve a level of Appendus A to 10 CFR Part to is to . Regulasary FlemfbGity Analysis.%e stabihaanse end asntanament of the conform them to the new UA bests ter he hdkas is that of the sites comesmed. and a level of standards. These changes are (or the bceased urassem mula, caly one protecton Ier public health, esfety and purpose of avoiding conflicts and quaRRes as a smaD entity. Ahnost all the ennronment from rediolog: cal and the suas ero owned bylarge mconsistsacies. and for clanlytas nonrediological hazards associated with pronously ensting language so as to be corporations.Droe of the adlls are such sites, which is equivalent to. to the partly. owned by com compsuble with the new requestments. qualdy as amau ' - panies that amaid extent practicable, or more strtrigent De accon proposed here by the m asserding to than the level which would be achieved Comutussion is a consequence of the Smau Busimens Admuasstramos I

by standards and requirementa adopted genens amau senty de6mann of 300 and enforced by the Commission for the pronous actions taken by the Congress and the EPA. and is legally mandated in esiphryses. However. seder the same purpose and any final standards section 275b(3lof the AtoaucEnangy Act Regulatory Flembutty Ass. a small promulgated by the Adnucistrator of the of 1954. as amended. busmees is see dist is independently Environsnectal Protectan Apency m owned and operated. Since Ibese three Cotamussion acues in thss case as accordanca with secnon 275 esentiall) nondiscretionary m natise. nulls are not independently owned they The Commission histoncelly has had and for purposes of enviroarsental do not qualify as small entities.

the authontv and respenstbihty to regulate the activities of persorts analysie. reste upon emsting IJet of Sebleets in N CFR Part e licensed under the Atocue Energy Ac2 of environmetwal and other impact Goveminent commects. Hesardams evaluanons in the followmg documents-1954. as amended. Consistent with that (1)"Fmal EnmenmentalImpact matanals transportance. Nacisar authonty and m accordance with matorsals. Penetry. Reporang and Statement for Standards for the Control section 84c. of that Act. the Commission of Byproduct Matenals from Uraauaat recordkeeping requwesents. Source has the discretion to reuew and Ore Promseing (40 CFR Part 1921." material. and Utenrurt approve site specific altemauves to standards promulgated by the Volumes 1 and 2. EPA 520/1-43-006-1 Under the Atomic Energy Act of1954.

Commission and by the Adrnt .istrator of and 2. September 1983. and (2) as amended the Energy Reorganasation itegulatory impact Analysis of F' mal Act of 1974, as ammaded. 5 U.S C. 553.

the Enytronmental Plutecton Agancy. In the emereise of t*ns authm.tv, Secnfm Environmental Standards for Uranium and the Urannam Mill Taihnge Radianon 64c. does not requt'e the Commission to Mill Tatlms at Acuve Sites." EPA 520/1- Control Act of 1973. as amended. the 83 010. Sep' ember 1961 both prepared NRC is propoung the followmg obtam the concurrence of the m support of S,.bparts D and E of 40 Admmistrator m any s;te spectft:

amendmens to M N Part 4a attematne which satisfies Come:ssion CFR Peret 192. and (31 " Final Genenc EnvironmentalImpact Statement on PART 40--OOtitSTIC LICENSING OF requirements for the les el of pro:cetion SOURCE bdATERIAL i for public health, safe'y. and the Uramum Md!ms." NUREG-0706.

1 September 19006 prepared m support of environment from radiologica! and Appendix A of to CFR Part 4GL The 1. The authonry citenon for Port to is nonradiological hazards at uran:um mill revised to read as foflews:

tadmg sites. As an example the Commission believes that these suppomns analyses for the new EPA Authenry:Seca 42. 83. ed. es. s1.181.182.

Commiseen need not seen concurrence standards and the eusting Commissicm tas. tes. es Stat. ss:. su est set on est of the Administrator is case by-case regulations provide a more than 953. as amended, seca.1t*(21. 83. 8t Pub. t.

determmenons of attemasive e5-oot. 92 5:st 3ast as amended. 3039. sec.

adequate enmonmental review for the 234. e3 Stat. 444. se amended (42 U.S C.

concentration limits and delistmp of hazardous constitutents for specific standards addresed herem. and that no 2tMelf 21. 2o02. 2DE 2o04 3DE 2111. 2113.

additionalimpact analyssa is warranted 2114. 2an 2232. 22n 223t 22s2t aeca. 27t sites it should be understood that the by the conformma actions proposed Pu 373.

proposed conforming regulations deal herem. The EPA engaged in and . ass s' i with the exercise of the Commission a completed a NEPA process with full as amended.13se.1348 (42 USC 3841. 5ea2. '

responsibility and authonry under the sees). secnoe ars. 81 Saat. 3021. as amended l

Atomic Energy Act of 1954. solely as consideration of environmental by Pub. L pr-415. Is Stat aos7 (42 USC.

concems, and for the purposes of this 20 21 j 4

. l l

4 22 Federal Redster / Vol. 49. Na 22s / M:nday. November 28. 1984 / Proposed Rules l

. l Secues af also nemmed eder Pub. l. SS- ta.ks late aseount local or reponal condattona. (that is. whom the ased for any specially '

gyt. sec.10,3 Stat. M1 (42 USC 5061). includies geology, topography. bydrology. oonstructed retencon strucn.ro is ehmanated).

Secnon 40J1ts) also issued under sec.122 es and meteorology. The Coeusesion may nad The evaluanon of alternanve estes and Sut. sis (42 USC 2132k Sosses etL48 also that the proposed alterneuves meet me deposal metodo performed by adt ine ed under sec. tat es Stat see, al

's rogammente if me attementee operatore is support of their proposed ta4hng: ,

amended (42 USC 2 Del. Sectles etL71 also anil achieve a levei of et bdisanoe and depoeal program (proceed e opphcante '

teoued ander sec. ter. es Stat. see (42 USC eentamment of the estes concerned. and a environmental reporta) shall reflect eenous 2237L - level of protecnon for pebbe health eafety. crasidereuse of this 6spoesi mode. In some For the purposes of sec. 223. 88 Stat. 984. es and the environment from radiological and matences. below yede disposal may not be amended (62 USC 22731; il 40.3. 40.25ed)(1F aceredsolescal hasards secociated with the .

the most ennrorumentally sound soproach. 1 (3L 40.35(eHd) enet tb) and (cl. 40 es. eo si eitos. which is equavaient to. to the entent such as asht be the case tf a yound=ater (al .ad (cL and Me3 em inoved under sec.

telb. se Stat. sea as as: ended. (42 U.S C.

pracnceble. or more strmsent than the level whach woWd be achaeved by the fosusuon is relauvely close to the surface or )

not very wou isolated try overtyme mode and 22trlIbtl: and il 40.23 lu and (d)(3) and (4L requirements of this Appendus and the rock. Also. geeiope and topeyephac 40Jefcl(2L 40.35(et etL4140 St. 4082. 40 te standarde promulgetod by the Enytroamental and 40.88 are sees.4 mader sec. leto. as Stat. con &uona might make full below yede protocuon Agency la 40 Cm part 192-Subparta D and L hunal imprecucable: for esemple. bedrock escL as amended (42 USC L1tritolt {

may be estnoent!y near the surface that '

f. Techmes/ Cmena Weng would be roquared to excavate a W8 Ada- M-- - - - -

Cntenon 14 selocung emns altman" 4es;eesi p t at exceeenve cost. and more

2. Appenthx A to Part (D !a mvised to tadiase esposal stee or tudst.as the awtabse altamente sites are not evedable' read as follows: adeqwcy of esatute tadmes mee. b Where full below yede bunalis not precucable. .e saae of retenuon eu'ucturn

,"," '" and sise and seseyncise of slopes of Appeed.si .e A.to e o,er. Part doe-Cri,tatis u- h,roado,ecovee,..n,.e,adia,ea. ,,,

-d ~~ =au w huus w as.eeand ,,o th.is D.isposit.ies.of

, e , rec e,Tahaps associated et os

._,,ata_manaam or tres.maa and the oreaner. ---**-*--"m.--

        • '* *I "** " "'" " * " " * * "

Caecentretlam of Senarco Material Fre-

- - r--*f-a*

enthout eageeng ecuva manatanance chan be

- - -s* [ oamread .at[ an a be

,oe 6 eai Source Matanal Centent

  • Remoteases Grom populated mee:
  • ' " prirges will prende reasonably agwwelent '

tamesemien u eey isoience of the tanhags trem esturel eromanal '

be wd tvery appbcaat for a heemse to poseeme ===hnen and isolance of osetamanente and me seems essenal in omaruncuen v,th ten youndwater mrces; and Cmence HTb foDeuses a sad sempi weasum er thenen alhas, or byproduct

  • passenal for ====g erosion. eene dau be adband a wheter tathags

, metonal at stee formerty assocated with disturbeace. and dispersson try natural forces or wasmo am 6epoemi of abow or below such adhas is required by the provisions of over the long serie. ye 48.

I 40.71(h) is include is a heense opptcataon The one selection procese shall be en (a) Upstmas vsinfan catchment anae must proposed specincanoes releans to adlag optumassoon to the mammum estetu be naamazed to decmese erossoa pennal operouses and the disposinon of todange or rossonably achievable a terms of these and the eine of the probeble biaanmus Flood l

weetes resulung from such adhng acovines. features. wk.6h could ede er wash out escuans of me This appseena estabbshes technical tadinge &spoest ama.

la the selecnos of disposal estes. pnaary Gnancial owneroaap, and leag term site emphaene shau be even to isolauoe of (b) Topeyephac futern eW pmnde servedlames estene retenas to the mung. todance or weeue. a matter having long. term good wed pmmeuse, operenon. decentamaanon. (c) Embaramant and cover aloyee shall be 4- -" impacte. as optooed to considerenon only of 7 and reclamanos of mana short term convennene or honefits. such as misuniy flat anedaal cabihaanon to and taahnes or weste eyeiene and sites at maaamassues of transportauon orland maamtse erosion potoonal and to prirvide wtuch euca sus and systems are located. As acquaicos easts. Whde isolecon of tadmge conservenn factore of esfery assurms long-amed in this appen&a. the ters se low as is reasonably echaeveb6e" has the same wdl be e fmaceae of both site and engineerms tens stabdaryA brood obseceu simuld be design. evern&ag eensidersuae shan be to contour Saal Moces to pedes wiuch sto se l metams as a i 31.1(c) of 10 Cm part 30 of pres to maag featuree given the long-term close as possible to those which would be )

i this chapter.

annan of the tadaags hasards. provided d saihngs were dispeeed of below

! In many casse. Sembdary is provided la the Teahnse shan be esposed ofin a manner grade: taas could, for example. leed to elopee l cntene to suow achaeving an epomum eat no ecow naamionance se roquared to tadmgo &sposal proyam en a est% about to horstental to 1 verucal (10h tvl or preserve condances of tae site. lese etup. la generet slopes should not be basis. However is such cases the obtecoves. Calenea 3.- Te avoid prolderanon of small sa sper than about sh:1v. Where steeper techrucal sitornanves and concerea =tuch weste 6epenal sites and thereby reduce slopes are proposed. reasons why a slope must be taken into account is deve6oping a perpetual survedlance obhganons. byptoduct less steep than Sh:1v would be mpreencable taihnge proyee are ideenned. As provided metenal from na meu entraction opereuons. should be pecvided, and componeatme by the provisions of I en.31(h) oppiacauene such as reendues from soluuon evepersnon or factors and et*hnens which make such for heettees must cleerty dessestrate how contaansted centrol processee. and weetu elopes accepteble should be idenufied.

the entena have been addreened. from emeu remote above yound entrecnon g (d) A full self-evotaming vegetstive cover i The specificanoen shan be developed opersoone shall be &sposed of et enseems considering the espected Ad! capecary of shall be estabbehed or rock cover esipicyed I large ad! tedinge disposal sites: urdees. to reduce wind and weter erosion to todage or weste systeine and the hfetune of l considenas the nature of the westes. such as neghgible levete.

mull opereuona. Where later expensions of their volume and specific activity. and the systems or opersoone may be bhely (for WP'ere a full vegetenve cover is not hkely coste sat environmentalimpacts of to be self.sustasaang due to chetene or other example. where large quantanes of ore now tronoportang the westes to a large dJaposal mergmally uneconomical may be stockpded). condinone. such as na sema and and and este. such offsite disposalis demonstreted to regions. rock cover shall be eveployed on the ametidabdary of the disposal system to be u'iprecucable er the advantages of onsite accommodate memesed capectues without slopes of the impeandment eyeten. The NRC bunal cleerty surweigh the beaelite of wdl consider relamaag this roquarement for degredanon m long term etabihty and other reduems the perpetual servedlance performance factore ehen be evaluated. entreme'y gentle slopes such as thoes which obhgehens.

IJcensees or opphcante may propose they may esset en the top of the pde.

Critenon 3 -The " prune opnon' for alternanves to the opeonc requarements m The follounas factore shall be considered

&socoal of todaage is placeanent below yede. La estabbehms the naal rock sever deetyi to this Appensa.The alternanve proposala may either ta t.unes or specasuy escavated pita avoid displacement of rock particles by l

,. Federal Registit / Vol. 49. No. 2:8 / Monday. November 26. 1964 / Proposed Rules 46423 human and emmel traffic of by noivrel emis are to be rehed updn for seepare parameters s 6h as permeebihty sh. ell nos he process, and to preclude underrutung and control. tests shall be rirnductert weh descrmmed on the besin oflaburolory p, ping represensense tesimas soluisons and L!st snelpis of semples .6one e sufficiens e Shepe snee..compossis{n and eredation metenels to confirm that ec renificent amount of feeld testing le e . Dump tesist the!!

of rock particles fenoeptmg bedding malenet detenorehon of prerriee5hty or stas *'y be conduste.1 to ensure estuel field prosperties everage perucles ease shall be et least cobbie properties will occur with continous espnsure. er, edeyve.cly unternioud Icshng snell be

' snae or greaterr sif clay to teihnes intutions Tesis then tse run ounducted lu allum estimeiinu enem ..uronon

. Rock cover thicknese and aoning of for e sufDriene penod of time to repel eat perucles by sise. and ettenuehon prosperties of underlying suoi and effects if tbv ere sainu 'o occur lie some uh

  • Saeepnees of undertyana slope, uses de'armranon het heen obscrsed in e Location esteni. quality cepeuty end individual rocs freements shel! be denne em: cur rather rapidly aher shout nme meinins e.urrent uses of any groundweier el end near sound. and resistent to ebresson. and shell be of etDosur'll the site free from cracks, seems and Chef defects * %Il process de9ie"s which proude she ,

that would tend to unduly incnese their Furthermore. steps shell be teken during mensmen practicable rerycle of solutens stockpilang of ore to minimize penetrekon of destruction by weier and frees acteune Weak. and consww. tion of water to reduce the nei frimeie. or lamineled eyegate saell nos be mpus of hound to the teihnen impoundmen' re&onuclides enso underlying suds, suitebee used.

  • Dewetenne of teihnes by proeves methods eclude lening and/or compecteon of I Rech covenne of slopes may not be y,,i,,,,,,,,  ;

desicss endlor m situ dremage systerns I A: p,,,,,,, g c,,,, ,, g,, ,, ,,,

required where top covers are very thsch lon een estes. teilmge shall be deweiered by e .

the order of 10m or greatern. impoundmeni drainese system enesel6ed ei the bottom of the bepmduct wW m to be perwenh 1

slopes are very gentle ion the order of 10 h.t t impoundment to lower the phreetic surface disposed en earthen cover shall be pieced

,g, g, ,, ,,, ,, g, g ,g ,

or leest. bulk cover matenels have inherently and reduce the dnving head for seepage.

feverable erossen resmaence charactensucs. unees nesta show teihnge are not amenable operMme ud, h wm depomi m M ansL there is neghenble drainese catcament to such a system. When in-satu dewatenne is be closed en accordance with a desegn' 1 eres upstre,sm of the pde end good wind so be conducted. the impoundenent bnetom protection es descnbod in posats lej and ibl which

,ggg eheu provide re,neenablegg seeernam shell be graded to escure that the drame are of this Cntenoa. et e now point. The droms shall he protected

,g g g g, Furthermore. all innpoundmeas surfaces shall be contoured to avoid stees of concemroced surface resoff or abrupt or by suitable Rier sietenets to assues that drome remain free twnnmg The drernese "Ch **" * ",**

redonm hm eresses byproduct metensis,

, [

sys:em shall eles be adequately assed to eherp changes ne slope podsent. In addihon evoere good dromagel. and reden@ h monum byproduct to rock cover os alopeo. stees towerd which

  • Neutruhaatson to pmmose immobehsehen metenela, to me sencephm se se 4 not surface rusoff might be directed shall be well of aesse embetences. "*d*****8**"I'*'**

protected with subetenheirock cover inp Where youndwater impacts are occurring picocunes per squam amw pw escend W rept. In addsteen to providing for siebdity of et en emssung sese due so esepege. sction ohell mW la compuwg mguuod nedenge cow the impoundeient syenem steelf. overeu he taken to elleviate conditions that leed to *nchassees. sac seum m ende in escas of stability. erosion posentieL and eacessive esepage trnoects and restore amounto lovad nennelly en similar soils in geomorphology of surroianding terrein shall youndweser quehty The specific seepage simderci & m sheM notbe be evelsated to assure that there are nos control and youndweter protection method. - conodomd. Duoct somma esposum from tle ongome or posential procenes. sesch as pully or combmenon of methods. to be used must tenhage or weeme should be mduced m erosion. which would leed to impoundment be worked out on a soe-specific beeis. bechereund levels. The effects of any thin instabdity. Technecal seccificetiene shall be prepared to symmec leyet sheH not be mken mm (el The impoendment chan not be located oenevoiinstellation of esepage control eccount in scenemog me ceiculated redon near a capable fault that comed cause a systems A quehty eesurance. testmg. and enhelonen M If non soil memnele are onesimum credible earthquake larger than saspection program. which meludes propeese es com memne A at must be that which the imm M ; could supervision by a gushned engineer o, demonstreled that such matenele will not reasonably be especsed to withetend. As crach er dopode by diNorential settlemerit.

scientist. chall be estabhohed to moeure the esed m this cntenon. the term " capable fault" specoficatione are met. weseenne or o*w mchansom. om long-hee the same meaning es defined m section in support of a teihnge disposal system tenn tem mmnels.

Illigt of Appendia A of10 CFR 112.The terei progesel the oppiecentloperator shall supply Near oudace cow malenals (e e . wohm "manimum cev6ble earthquake' means the mfonnelsen conerning the followmg. the top three meters) shall not mclude weste earthquake which cause etie manumum e The chemecel and radionettve mch met contams einated leves of vibratory yound motion based upon an cherectonetice of the waste solunons eum coals und fe neer sudace cow m

evaluanon of earthquake pote' mal one cherecteristice of the underlymg soil must be essentially the same. es for es considenne the regional and local geology and gooisyc formations perucularly es they re6oocuvoy se concenaed. n mei of and oriemolog sad specrfic charactenatice wdl omstrol transport of contammants and '"'roun6ng sudece soils his is m emm oflocal subourface mesensL ~ solenone. Die shall include detailed that surface reden enhalehen is not If)De impoenteest where feasible. 8's"'I'contly ebow background because of informanon concernent entent. thickness.

should be desegned to socorporate feetures uniformity. shape. and onentation of me com memnel itself.

which wdl promses depostion. For enample. undertying streia Hydreuhe predients and De dugn mquimmnts in this critenon design features wiud promote deposinon of conductwitsee of the vanous formenons shall for longevity and control of redon reitoses sediment suspended se any runoff which be determmed. shah apply to any ponion of a hcensed and/

Rows mio the impounement eres m phe be Dee information ohell be gathend from or esposal eine unlese such portion contems utdised- the obiect of each a design feefure bonage and field survey enethods taeen a concentrahon of redeem in land. emeged would be to enhance the thickness of cog er within the proposed impoundment eres and uver time. in outrounding areas where contammients Critenon S-The following shall be

  • The sienderd soohes to doen Wam,rms for might migrate to groundwater The r eden efier insiett.i oc of e i appreenseeiy aeseed '

considered. mformanon gathered on boreholes shall cover is not requiroe e lastellation of bottom hrn lWhere melude both geologic and geophysical logs m 'The everage snell ecoly se the entire surfece of synthenc hners are used. e leskese detection sufficient number and degree of Mch sheposel eru sur penoes of et leesi t peer syalem shall be installed immediately beluw sophistesahon to allow determining tai eten esincerod to toe two seeoa wini come the hner to ensure mator faileres are delected significant discontmvities. fractures. and hun heim unniusa tymi seele one insa j if they occur. This is m oddinon to the channeled deposits of high hydreuhe * *"4 "*'*"** ***"**'#**"*"*'*""8 poundweter econitonne program conducted as provided in Cat.non 7. Where etey hners conductmty if field survey stethods are ** *"**

,n g'*, ,, [,, * ,

"')

used. they should be m addition to and are oroposed or reieiewety thm. in. situ clay esehes easy to eenes ene from inreams typroenca tahfibrated with borehole lommg Hydrologic masenale se the atmosener, j ai

I .

gas Federal Register / Vcl. 49. No. 228 / M:nday. N:vember 26. 1964 / Pr:pos:d Rules

,,,r er,ee ot too equare meters. wbch. as e needed correenve scuone have been beoed on Comnussion.epproved cost result of byproduct ehetanal does not exceed idenufied and implemented. All each

  • W bechsmund level by more then:li) 3 unmates ia a Commiseson. approved plan censuona. corrocove actions. and re.etarts for Ill Decontamineuen and picocunes per gram (pO/g) of redaum-223. or. shall be reported to the appropnete NRC ta the case of thonum byproduct m(tenal. decommissiomns of md! buddmgo and the redaum-221 averaged over the Gret is regional omce as indicated a Cntenon gA. In a.dhng site to lesele wbch would salow wnnas. within to days of the subsequent unreetncted use of these areas upon conumeters (eml below the surface. and (n) restart.

15 pCi/g of redium-228. or, a the case of To control dusting from tadmge. that decomauseionaris. and (2) the recJamanon of i

thonum byproduct metenal. radium-223 taihnge and/or weste d2eposal areas in portion not covered by standmg hquids shall averaged over 15-cm thsch layers more than be wetted or chetoscally stabhsed to prevent accordance with technacal cntena dehneated 13 cm below the surface m Section I of thas Appendix. The hcensee or manamase blowing and dusung to the chail submit this plan a contuaction with an t.cnenon T-4r leen one tull v.er priur ici masamum extent reasonably achieveble. This any maior este construenon, a precoerational ennronmemal report that addresses the requirement may be relemed d tadmge are esoected environmental mpacts of the monaroeng program shall be conducted to effecuvely sheltered from wind. such as may provide complete baselitie data en a adhng be the case where they are disposed of below milhng opereuon decommissionmg and este and its environs. Throughout the nothnge reclamanen, and evaluates grade end the tadinge surface is not exposed construction and operstmg phases of the sult. to w nd. Considereuen shall be given a alterneuves for sungstang these impacts. The an operetional snonstonne program shall be planrung taihnge dasposal programs to outsty shau eleo cover the payment of the j

conducted to measure or evoluete comphence methods which would allow phased coverms charge for long.ters survedlance and control with appbcable stanaerde and regulations. to end reclamanon of tesimge unpoedmonts required by Catenon la la sotabhekas evaluate performance of control evetems and specdic surety arreapements the hcansee o since this wdl help a controlhng paruculate procedures. to evaluate ennronmental cost estametes shaU take into account total and redon enuassoas during operettoa. To impacts of operenon and es detect potennal esota that would be iacurred d an long-tens effects. control duerms from diffuse sources. euch as tadings and ore pede where autamauc independent contracter were bared to perform Critenon Niuing operanone shall be g, a-== a===g and rochmanos work.

controle do not apply. operetort shall develop conducted se that all siroome effluent wnttee operating procedures spectfytag the la order to avsed enascessary dupbcanoe releesse are reduced to levele se low as is e g ,,,,,,,, g, th=- may accept e,esonably acasevable. The pnaary means of methods of caetrol wbch wdl be utahaed- Snancial sureuse est have been em*f thee shau be by means of htdhng operemone producang or involving thonnes byproduct matenal shall be censohdowd wie Sasamal se serery emasenos sentrone. laeotacomal controls, such arrangemeno pubhahed to som enntturtM in such a menner as to oroude se extendans the site boundary and exclusion reesonable aneurence that the annual does sugiuremente of other Federal er state area. may be employed to ensure est offsite equivalent does aos exceed 28 adhroma te agencan sed /w local govermag bodass fee exposure hasta are met, bot only after au such decostause6eenas, dessatammence, preencable measures have been taken to the wheie body. yt adhmee to the thynod, and as adhrens to any other organ of any reclamaem and Wre au swvedlames control emisesoas et the source. member of the pubhc as a result of exposures and esewol, proved such wreageness we Norwithstandans the emastence of individual to the planned discharge of redioecuve considwed %em to unsfy em done standards. etnct control of eausesons se matenals, redoo-aaD and its daughtere e amenu and eat te pwoon of es ascessary to assure that population excepted. to the generel environment. g ,,, g, e esposures are reduced to the mamunum --,,,,,

Urenaus and thenus byproduct metenale ud mcknum W ee alad! unhnee um eatent reasonably scrueveble and to enoid **

shaU be managed se as to conform to the

  • eite contansasuon. The greatest potennel apphcable pronsions of Tide to of me Code *",g**

, dm sources of offeite radiacon esposure leside ummed fa me m -

from redos exposurel ere duenne froen dry of Federal Regulataeas. Part 440. " Ore Mining acnnun.

- " em i

eurfaces of the tadmg disposal area tw and Drosome Point Source Category: Efflueas hcenen.- a my me'chanaam I.asutances Guadehase and New Source mU be mnewed annusuy by es Commanein covered by tadmss solution and ememana from youowcase dryms and paciasms Perfonaance Standards. Subpart C. Uranium. .to emure that sumoset funds would be Radiust and Vanadium Oree Subcategory.. avadable for completaea cf the reclamanon operenoos. Durms opereuena and pnor to closure, redaauon doses from redon as contwd on leauary 1. tes3. pies if the work hed to be performed by as ,

eeussions from surface unpoundments of Cntens 4A-Oedy inspecuons of tadings indepadent contractet N amount of en er weste retences eyetene shan be habihty should be ediusted to recogruse any uranium or thoriuse byproduct matenals shell be kept se low as to precucable. coeducted by a guahned engmeer or sciennet imemeses or decmaan moulung from and documented. The appropriate NRC inf anon. chansa in engineenas plane.

Checas stad be made and logged houriy of all parameters (e s.. differential presurm and regional omce as indicated na Appendia D of actnues pe&need, and any em (

to CTR Part att er the Director. Office of condinons afrecting costs. Regardless of scrubber weter flow reteel whica detenatae Inspecnos and Enforcement U.S. Nuclear whothw mclameboe se phased trough ee the efLciency of yellowcake stack eeunion control equipment operation. It shau be Reguistory Commiessee. Washington, DC hfe of ee opereues er tahm piece et Se end i aossa, shau be immodastely neufied of any of opwouns. an appropne4 peruon d deterrruned whether or not condauens are fadure in a tashnge er weste retences system surety habihty shau be retamed untd Anal within a range prescribed to ensure that the equipment is opereung consisteady seat wMch resulta no a release of tailings or waste . comphance me the sclameuen plan se peak efficiency: correcove acusa shall be ato unrestncted arvaa. and/or of any determined This wdl yield a surety taat se et taken when performance is emande of unueuel condinone (condauona not lasst sufficient et all ames to oever the costs preecnbed ranges. Effluent osatrol devices contemplated se the design of the retenuon of decornsunioning and reclamance of the eyetaal whach if not corrected could mdicate areas that are expected to be disturbed

' shall be opereuve et au ames dunne drying and packaging operouses and whenever air the potennel or lead to fedure of the system before es mest bcease reneweL The men of is enheusting from me youewcake stock. and resulyna a rolesse of tedings or weste the surety mechanaam must be open ended.

i

' Drying and pechegmg operanone shall into unrestricted areas. unless it can be demonstrated that another tertrunste when controla are inoperenve. fl. TenoncialCrrrerro arrsnsement would provide en equivaleet When che:ka mdicate the equipment is not level of moeurance. This escursace could be operstma mthin the range prucnbod for Catenon hFinancial surety arrangementa prowded with a eurety ineinament wtuch is shau be estabbahed by each ad) operetor wntten for e speca$ed poned of ame fe4 3 peak efficiency. acuono shau be taken to pnor to the coeuseocement of opereuona to yearsJ yet which must he estemencally

'i restore parameters to the presenbod range.

assure that sufficient funds wdl be evadable renewed unless the surety nonSee the When thae cannot be done without shutdown to ear =y eut the decontammenee and and repears. drytng and pechesms opereuose beneficiary (the Commissise er the State decommissiotung of the ad) and este and for regulatory agemeyJ and the pnacapel(the chau cease se soon se precucable.

the reclamanos of any tanhnee or weste Operetions may not be re-etarted after lacensee) some reaseemble ame (e4. E days) d4sposal areas. The amount of funds to be pner to the renewal date of their totaanse

seeanon due to off.aormal perfonaance antd ensured by such ourety strangements shall be met to renew. la such l

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.. .. v I-

.,. Federal Regletar / Vol. 48. No. 22s / Moviday. November 28. 1984 / Proposed Rules 4s425 regaremost ens esiste end the lessnese for the sheposel of say.soch bypoduct weeld be rege. sed to embest en acceptable reteemns ultimate cussedy of the mee where meteneL or se essensist se ensure the long replesoment emeey withee a knel pened of teiltage. er messes are etered to conhre the term semelety of such deposal mee. eheH be neue as enow at losee edoye ter the integrity of the stehelseed leihnge er weese transferred se the Umfed Seeses er the Seese .

vegenecery agency se selless. en which such land is lesered, as the openen of . eyesene and to determane the need. if any pesef of forfassure must nos he acesseery se such $sete he view of the fact that phiser:el meentenence and/or menisonne iteouhe of sene:t the eurosy se shot = he event then the the inspection shall be reported to the

, isoleteen must he the pnmery means oflong- Commisseen within 80 days following each we.seecomidam s m ideen mes,s.bie own contrea. and ce.orneem lead repseeement surety methan the regered tune. onepecten. The Cosim.u.en ni y roguae enestehst as e doenrebie supplementary

' the surety shall be autemetacelly collected more frequent este inspections if. en the besse measure ownerehse of cone a severable of a este.epeanc stelsetien. such a need pner se see empereeien. The conditiene subendece intersees tier esemple. miseret j

descnhed eteve would have se he cieerly espeare necessery due to the fessures of a nghest may be determaned to be teameceenery cased en any surety instrument which is nos portsculer teehnge er weste disposal eyesent j se protect the public heellt and esfery and ogengadsd. and saves he agreed se by all the enversement. In any sees. however, the sehengten. K ese M day of pensee. Financel emety arrangemente epolicens/aperecer muse'demonearmte e -

generally escopeshie to the Commesason ere-

! let Surety tende- sermus eNert se obtain such euhourface For the Nucleet Regulesery Commisesen.

rephie. and asuet. m the event ther senaan

] [bl Caen deposite. Sommet I. Chah.

rigate connet he obseemed. provide Icl Certdecales of depose.

14) Deposite of gesernment neuenties: notifecoisen in local puhke lead recorde of the "secf,se,yofgn, cosim,es,se i

fec' that the lead is being used for the " " " * "

les Irrevocable lettere er knee of credit. end despueel of redeesctive mesones and is "M 8888 ''***

If) Cambiassione of the ebeve er such other subsect to either en NRC generei er specinc types of arrangemente se may be approved lacanes prehabitang the 6ampense and

=

by she Commission Howeser. self ensurence. dististeence of the teahnge. In esse rare er any arrensement wasch essentiell, seers. sucsi es may esser with dorp buriel eeneestuere eetlsnaistence (e.g e cuatract where no empeang mee surweiuenos well be wok e state er Federet egencyL will not rogueseL surfees lead ownerehs, areaefer entisfy the surety regerement osace thee sogeoemente may he weaved. Per hennese provides no adetional escurence scher then assued hofere November 06 test.the that which airsedy esiste througet lecense P- may sehe snee acesume the sneene reemessiente.

Catonen to -A sunimum charge of of the ownershes of such less and inservees I therein, and the abilary of a lacanese se maam luft daueret to esver the cesse of ommefer tale and enseedy thereof to the long.eene sureellence eheu be paid by each United Seeles er e Sesee.

meu speenter to the general treasur) of the D. If the Comenseeses embesguens to atie Usted Seeses er to en opprepnose Seeee egency prior se the tennenstaan of a uremum tremeter decennense that ues of the oudece er euhendece estates, er hoek. of she lend er etionism enilliacense.

transferred to the Unseed States er se a Seese if esse surveillence er centeel regwee mente ' will nei endanger the pubhc besith, endety.

et a partiesler snee are decennined. en one besse of a mee-specific evolustion, to be weifere. er environment. the P-may penast the use of the surface er

" 2- My greeter than these spectaed in seheurface esseseaw or heth, of such lead an e l Crisonen 12 le g.. if fencang is determined to mammer _ _ _ z vnth the proviesene l he neceseers L senemme me fum6ng provided is these entene. If ther-requiremente P^

may he spoofied by the pennste such use of suctilenet it wiu provide

n in any caos. the estal charge to the pereen who transferred such lead with r

i cover the esses of leag. senn surveeHence shell the rept of Seet renseel with roepect to such he such that. with en assumed t percent use of such land. 1 enmuel real intervet rete. the collected hende E. blecenel and land treaeferred to she will yised interest in en ameuse sufficient se Unseed Seeses or a $ sees in ecoordance with cover the enmsel cosas of este surveillance.

i' The total charge will be odeussed enmueur thee Critenen eheu be tremeterred without cost to the Unseed Steses or a Seese eener than [

pner to actual paymeet le recogines inflessen. odessaseeressee eed legal coste incurred in i

i The infleesen reos te be used is that undaceted carryme est such tronefer.

by the change e the Cenemmer phce Indes published by the U S. Depermient of Labor. F. The proviseene of thee Port twopecting treaefer of ntle end caesedy es lenal and Sureau of Labor Ssetistics. . testeige and moetes shou met apply in me case of leads held in insee by the Unsied M.Seteess G. a MosenelonenereA*'

Crieerientt- Sume ipy hedian tritor M W by such Indaea este ensh,ect te e reconsteen A. These ernene seleeng to eumership of leihnge and their sheposal asses haceme agemet ebenetion empeesd by the United effective en Newsmber & tet, sad apply to Sseces. In the case of ensch lande which are all hceasse seresassed, seemed, er renewed used for the sheposel of b) produce aseenal efter that date. as denned in this port, the beenese shou equer inee ervangements with the Commessesen S. Amy esteneum er themse asueng Iscense er tenhago lesense eneu eenesia euca terme es may be apprepnete te escure she long.

tone survenience of sesch leads by the Uneted and eenesions se the Commeessun States.

i deternunes nessenery se oesure that pner se sonnsasteen of the license. the assenese wiu N WTenn Sese Survesh comply with ownershop regusemente of this Crtenee 12-The Rael dispeesnen of l

cntenen for sitee used for te.lutge desposal. teehnge er weases at sulhng sites should be i C. Title se see byproduct metenel licensed I such that sagemas acttwo mesmesseems is est under thes Port and lead. inchiding any neesseery to preestwo imelesen. As e siteroses thereen lecher then lead owned by monimum, annual mee inspessoas steS be the Uested Seeses or by e Seene) which se used conducted by the government ageesy A l

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e ab -

NMSS TASK LEADER EVALUATION I

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8.4 NMSS OFFICEtFINDING ON PROPOSED RULEMAKING Uranium Mill Tailings Regulations:

Conforming NRC Requirements to EPA Standards

1. Issue Comply with Congressional mandate to conform existing NRC regulations for -

uranium mill tailings to Environmental Protection Agency standards for l these wastes published October 3, 1983.

2. Need In addition to the Congressional mandate, certain provisions of Appendix A of 10 CFR Part 40 are in conflict or inconsistent with the more recent EPA standards. Since licensees are subject to both regulations, these conflicts and inconsistencies should be removed.
3. Alternatives None other than ignoring the law and handling conflicts and inconsistencies on a case basis.

4 Proposed Action Proposed rule changes were published for public comment in the Federal Register November 26, 1984 The comment period was extended from January 10 to February 10, 1985. A final rule package will be prepared after the public comments are analyzed.

5. Effects of Proposed Action l The final rule shcald remove all conflicts and inconsistencies between EPA l and NRC's rules. The final rule will also contain all the provisions of

, the EPA standard not related to ground water and eliminate the need to refer to two rules on all topics except ground water.

i

! 6. Resources and Schedule Resources to analyse the concents and prepare a final rule are estimated l to be about 0.2-0.4 FTE in FY 85 depending on the comments received. No l

contractual support is planned. The final rule is expected to be in place within 6 months after publication (i.e., by the end of May). The nature l

of the comments and the need for Commission approval could impact this j target.

." 8.5 BACKGPOUND REFERENCES Documents relating to this rulemaking include the following:

1. Uranium Mill Tailings Radiation Control Act of 1976, as amended.
2. SECY-83-523. " Proposed Amendments to Uranium Mill Tailings Regulations and -

Advance Notice of Proposed Rulemaking". December 28, 1983.

3. SECY-83-523A, " Proposed Amendments to Uranium Mill Tailings Regulations (SECY-83-523)", February 3, 1984
4. Memorandum for the Commissioners from Dircks, " Proposed Amendments to

- Uranium Mill Tailings Regulations (SECY-83-523 and 523A)", March 2, 1984.

5. Memorandum for the Comissioners from OGC, " Proposed Amendments to Uranium Mill Tailings Regulations (SECY-83-523 and -523A)", March 14, 1984
6. Memorandum for the Commissioners from the Chairman, " Tentative Recommendations Concerning Mill Tailings Resulting frca Meeting on April 19,1964", April 20,1984.
7. Memorandum for Dircks from Chilk, "SECY-83-523/523A - Proposed Amendments to Uranium Mill Tailings Regulations and Advance Notice of Proposed Rulemaking", Juiy 10, 1984.
8. Memorandum for Chilk from Rehm, "SECY-83-523/523A - Proposta Amenaments to Uranium Mill Tailings Regulations and Advance Notice of Proposed Rulemaking - Policy Statement", July 25, 1984.
9. Memorandum for Dircks from Chilk, "Comnission Action on Uranium Mill Tailings Pegulations", November 2, 1984.
10. FEN 49 FR 46a18 dated November 26, 1984
11. FRN 50 FR 2293 dated January 16, 1985.

NOTE: Items 10 and 11 are included as B.2. Other documents are available in the files if desired. In view of the scope and mandate, the other documents were not considered necessary for EDO review.

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