[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Notices]
[Pages 40204-40211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19359]
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NUCLEAR REGULATORY COMMISSION
Joint Nuclear Regulatory Commission/Environmental Protection
Agency Guidance on the Storage of Mixed Radioactive and Hazardous Waste
AGENCY: Nuclear Regulatory Commission.
ACTION: Publication of joint guidance and request for public comment.
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SUMMARY: The Nuclear Regulatory Commission and Environmental Protection
Agency (EPA) are jointly publishing herein a draft guidance document on
the storage of mixed radioactive and hazardous waste (mixed waste). The
Agencies are developing this guidance to assist mixed waste generators
forced to store their mixed waste, pending the development of adequate
treatment and disposal capacity for commercially generated mixed waste.
The guidance points out areas of flexibility within NRC and EPA
regulations that relate to the storage of mixed waste. Further, the
guidance is consistent with the general approach EPA is undertaking as
it reviews its current regulatory program. The Agencies are soliciting
comments from members of the regulated community, the States, and the
public. Interested individuals may provide the Agencies with their
comments on the proposed guidance by forwarding their written comments
to NRC at the address listed in the ADDRESSES section.
[[Page 40205]]
DATES: The comment period expires November 6, 1995. Comments received
after this date may be considered, if it is practical to do so, but the
Agencies are only able to assure consideration for comments received on
or before this date.
ADDRESSES: Interested individuals should send their written comments
to: David L. Meyer, Chief, Regulatory Publications Branch, Division of
Freedom of Information and Publication Service, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555, or hand deliver comments to the Commission's offices at 11545
Rockville Pike (Room T6-D59), Rockville, MD 20555.
BACKGROUND: Mixed waste is defined in the Federal Facility Compliance
Act (FFCA) as ``waste that contains both hazardous waste and source,
special nuclear, or byproduct material subject to the Atomic Energy Act
of 1954.'' Persons who generate, treat, store or dispose of mixed
wastes are subject to the requirements of the Atomic Energy Act of
1954, as amended (AEA) and the Solid Waste Disposal Act (SWDA) as
amended by the Resource Conservation and Recovery Act (RCRA), and the
Hazardous and Solid Waste Amendments of 1984 (HSWA). The Federal
Agencies responsible for ensuring compliance with the implementing
regulations of these two statutes are the NRC and EPA.
The Low-Level Radioactive Waste Policy Amendments Act of 1985
(LLRWPAA) established a series of milestones, penalties and incentives
to ensure that States or regional compacts provide for the disposal of
radioactive waste. Although mixed waste was not specifically addressed
in the LLRWPAA, States must ensure adequate disposal capacity for most
types of commercially generated low-level radioactive wastes, including
mixed wastes. To date, progress in meeting the milestones in the
LLRWPAA has been limited. In addition, uncertainties about the amounts
and types of mixed waste, along with the complexities in complying with
the regulations for these wastes, have hindered development of
treatment and disposal facilities for mixed waste. As a result,
licensees may be required to store mixed waste on-site until adequate
treatment and disposal capacity has been established.
NRC and EPA have developed the draft guidance to assist persons
currently storing mixed waste to meet the regulatory requirements of
both the AEA and RCRA. The guidance describes procedures that are
generally acceptable to both NRC and EPA and that resolve issues of
concern that have been identified to the Agencies by licensees. It also
addresses similar storage issues identified by the Department of Energy
(DOE). The guidance first summarizes the general requirements that
licensees must meet to store mixed waste in accordance with NRC and EPA
regulations, then addresses specific storage issues that have been
brought to the Agencies' attention by mixed waste generators. Finally,
the guidance discusses EPA's RCRA enforcement policy for mixed waste in
storage. NRC and EPA will review all comments submitted by interested
individuals and incorporate appropriate comments into the final
guidance document.
FOR FURTHER INFORMATION CONTACT: Dominick A. Orlando, Division of Waste
Management, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)
415-6749, or Newman Smith, Permits and State Programs Division, Office
of Solid Waste, U.S. Environmental Protection Agency, Washington DC
20460, telephone (703) 308-8757.
Dated at Rockville, MD, this 28th day of July, 1995.
For the U.S. Nuclear Regulatory Commission.
Michael F. Weber,
Chief, Low-Level Waste and Decommissioning Projects Branch, Division of
Waste Management, Office of Nuclear Material Safety and Safeguards.
Appendix A--Note to Readers
The information contained in this guidance is intended for use
by Nuclear Regulatory Commission licensees who may not be familiar
with the hazardous waste storage requirements that apply to mixed
waste. However, much of the document may also be useful for Federal
facilities that generate mixed waste. The guidance assumes that the
reader already possesses a valid NRC or Agreement State radioactive
materials license, but may not possess an Environmental Protection
Agency or authorized State storage permit.
EPA and NRC recognize that the radioactive component of mixed
waste may pose hazards from external radiation and from potential
internal exposures. Individuals that may be exposed to radiological
and non-radiological hazards from mixed waste should be trained in
radiation and chemical safety. In addition, mixed waste generators
should ensure that the hazards associated with the mixed waste are
fully evaluated prior to generating the waste.
This guidance presumes that both radiological and industrial
hygiene safety programs are in place and will be followed by the
reader. The Agencies did not consult with the Occupational Safety
and Health Administration or States agencies responsible for
workplace safety in developing this guidance. However, nothing in
this guidance supersedes the OSHA safety requirements. NRC licensees
are expected to comply with OSHA requirements, as well as all other
applicable regulations.
Appendix B--Disclaimer
The policies discussed herein are not final agency actions, but
are intended solely as guidance. They are not intended, nor can they
be relied upon, to create any rights enforceable by any party in
litigation with the United States. Environmental Protection Agency
or Nuclear Regulatory Commission officials may decide to follow the
policies provided in this guidance or to act at variance with the
policies, based on an analysis of specific site circumstances. The
Agencies also reserve the right to change these policies at any time
without public notice.
Appendix C--Joint Guidance on the Storage of Mixed Low-Level
Radioactive and Hazardous Waste
August 1995.
I. Introduction
Mixed low-level radioactive and hazardous waste (mixed waste) is
waste that satisfies the definition of low-level radioactive waste
in the Low-Level Radioactive Waste Policy Amendments Act of 1985
(LLRWPAA)1 and contains hazardous waste that either: (1) Is
listed as a hazardous waste in Subpart D of 40 CFR Part 261; or (2)
causes the waste to exhibit any of the hazardous waste
characteristics identified in Subpart C of 40 CFR Part 261. Persons
who generate, treat, store or dispose of mixed wastes are subject to
the requirements of the Atomic Energy Act of 1954, as amended (AEA)
and the Solid Waste Disposal Act (SWDA) as amended by the Resource
Conservation and Recovery Act (RCRA), and the Hazardous and Solid
Waste Amendments of 1984 (HSWA). The Federal agencies responsible
for ensuring compliance with the implementing regulations of these
two statutes are the Nuclear Regulatory Commission (NRC) and the
Environmental Protection Agency (EPA).\2\ In October 1992, Congress
enacted the Federal Facilities Compliance Act (FFCA) which, among
other things, added a definition of mixed waste to RCRA. Mixed waste
is defined in the FFCA as ``waste that contains both hazardous waste
and source, special nuclear, or byproduct material subject to the
Atomic Energy Act of 1954'' (RCRA Section 1004(41), 42 USC
6903(41)).
\1\ The LLRWPAA defines low-level radioactive waste as
``radioactive material that (A) is not high-level radioactive waste,
spent nuclear fuel, or byproduct material as defined in section
11e.2 of the Atomic Energy Act of 1954 and; (B) the Nuclear
Regulatory Commission, consistent with existing law and in
accordance with paragraph (A), classifies as low-level radioactive
waste.''
\2\ Note that most radioactive material under the control of the
Department of Energy is not regulated by NRC.
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The LLRWPAA established a series of milestones, penalties and
incentives to ensure that States or Regional Compacts provide for
the disposal of radioactive waste. Although mixed waste was not
specifically
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addressed in the LLRWPAA, States must ensure adequate disposal capacity
for all low-level radioactive wastes, including mixed wastes. To
date, progress in meeting the milestones in the LLRWPAA has been
limited. In addition, uncertainties about the amounts and types of
mixed waste, along with the complexities in complying with the
regulations for these wastes, have hindered development of treatment
and disposal facilities for mixed waste. As a result, licensees may
be required to store mixed waste on-site until adequate treatment
and disposal capacity has been established.
This guidance is designed to assist persons currently storing
mixed waste to meet the regulatory requirements of both the AEA and
RCRA. However, many of the requirements and procedures discussed in
this guidance may not be applicable to nuclear power reactor
facilities. The guidance describes procedures that are generally
acceptable to both NRC and EPA that resolve issues of concern which
have been identified to the agencies by licensees. It also addresses
similar storage issues identified by the Department of Energy (DOE).
The guidance first summarizes the general requirements that
licensees must meet to store mixed waste in accordance with NRC and
EPA regulations, then addresses specific storage issues that have
been brought to the Agencies' attention by mixed waste generators.
Finally, the guidance discusses EPA's RCRA enforcement policy for
mixed waste in storage.
II. Background
a. Regulatory Authority
In general, NRC or Agreement State licensed facilities that
manage mixed waste are subject to the RCRA Subtitle C requirements
for hazardous waste in 40 CFR part 124 and parts 260-270 implemented
by EPA, or to comparable regulations implemented by States or
Territories that are authorized to implement RCRA mixed waste
authority. EPA asserted its regulatory authority over the hazardous
portion of mixed waste in Federal Register Notices on July 3, 1986
and September 23, 1988 (see 51 FR 24504 and 53 FR 37045).
The RCRA Subtitle C program was primarily developed for
implementation by the States, and oversight by EPA. As of April
1995, EPA regulates mixed waste in Alaska, Hawaii, Iowa, Wyoming and
all U.S. Trust Territories except Guam. Thirty-eight states and one
territory (Guam) have been authorized to implement the base RCRA
hazardous waste program (i.e., authorized States), and to regulate
mixed waste activities (see 51 FR 24504, July 3, 1986). Nine states
are authorized for the RCRA base hazardous waste program, but have
not been authorized to regulate mixed waste.3 In these 9 States
mixed waste is not regulated by EPA but may be regulated by States
under the authority of State law. To understand the roles of EPA and
the States in regulating the hazardous portion of mixed waste, the
following categories of States or Territories are discussed below:
\3\ The RCRA base hazardous waste program is the RCRA program
initially made available for final authorization, and includes
Federal regulations up to July 26, 1982. Authorized States revise
their programs to keep pace with Federal program changes that have
taken place after 1982 as required by 40 CFR 271.21(e).
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States and Territories whose hazardous waste program
has not been authorized under RCRA to act ``in lieu of'' the federal
RCRA program; these are called ``unauthorized States or
Territories'';
States and Territories with RCRA authorization that
have adopted mixed waste authority; and
States and Territories with RCRA authorization that
have not adopted mixed waste authority.
As a subset of hazardous waste, mixed waste is regulated by EPA
in unauthorized States and Territories (i.e., States and Territories
that have not been authorized to implement the RCRA Subtitle C
program). Where States and Territories are RCRA authorized and have
adopted mixed waste authority, mixed waste is subject to the State's
or Territory's authorized hazardous waste program (which may contain
regulations more stringent than those in the Federal RCRA program).
See Table 1 for a list of States with mixed waste authority as of
June 30, 1995. In States or Territories with RCRA authorization that
have not yet adopted mixed waste as part of the base RCRA program,
mixed waste may be regulated under State or Territorial regulation,
but not as a hazardous waste under an authorized RCRA program.
Facilities in RCRA authorized States (whether the State has
mixed waste authority or not) should contact their respective State
agency to ascertain what State regulations may apply to mixed waste.
In addition, facilities in RCRA authorized States should be aware
that EPA Regions may share responsibility for implementing the RCRA
program with the State, particularly with respect to certain
requirements promulgated under the Hazardous and Solid Waste
Amendments of 1984 (e.g., corrective action and land disposal
restriction requirements), for which the State may not yet be
authorized to implement.4
\4\ For more information on RCRA State authorization and the
authorization status of particular States, contact the RCRA/
Superfund Hotline at 1-800-424-9346.
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Twenty-nine States have signed agreements with NRC enabling the
various ``Agreement States'' to regulate source, byproduct, and
small quantities of special nuclear material within their
boundaries. (see Table 2). Most facilities located in Agreement
States are subject to regulatory requirements for radioactive
material under State law. This applies to all source, special
nuclear, and byproduct material except that from nuclear utilities
and fuel cycle facilities, which are subject to NRC's requirements
and DOE facilities, which are subject to DOE Orders. While States
are required to adopt programs that are comparable with the NRC
program, States may have requirements that are more stringent, or
are in addition to those from the Federal program. Facility managers
should determine whether their State is an NRC Agreement State and
determine the scope of the program that has been relinquished by NRC
to the State.
In addition to NRC regulated facilities, many DOE facilities may
store mixed waste. These facilities are subject to the RCRA Subtitle
C requirements or comparable State regulations. DOE Order 5820.2A,
``Radioactive Waste Management,'' and DOE Order 5400.3, ``Hazardous
and Radioactive Mixed Waste Program,'' establish policies,
guidelines, and minimum requirements under which DOE facilities must
manage their radioactive and mixed waste and contaminated
facilities. DOE Order 5400.3 excludes byproduct material unless it
is mixed with RCRA hazardous waste. Because the storage issues
discussed in this document may arise at either NRC-licensed or DOE
facilities, this guidance may be useful in addressing mixed waste
storage at DOE facilities. However, the primary focus of this
guidance is a discussion of the requirements for the storage of
mixed waste at NRC-licensed and RCRA-regulated facilities. As
summarized in Table 3, regulation of mixed waste may be the
responsibility of the State in which a facility is located. To
ensure compliance, licensees and permittees should contact their
State agencies in RCRA authorized or NRC Agreement States to
determine if this or other guidance is applicable.
b. Applicability of RCRA Storage Requirements
NRC licensees who store mixed waste must comply with the
requirements of RCRA. Under RCRA regulations, storage is defined as
``the holding of hazardous waste for a temporary period at the end
of which the hazardous waste is treated, disposed of, or stored
elsewhere''. The specific RCRA storage requirements that apply to
licensees are determined by the quantity of hazardous waste
generated, how long the licensee stores hazardous waste (including
mixed waste) on-site,5 and the type of unit in which the waste
is stored. Licensed facilities are considered RCRA storage
facilities that require a RCRA permit 6 (40 CFR 262.34) if they
store the waste for:
\5\ ``On-site'' defined by RCRA means ``the same or
geographically contiguous property which may be divided by public or
private right-of-way, provided the entrance and exit between the
properties is at a cross-roads intersection, and access is by
crossing as opposed to going along, the right-of-way. Non-contiguous
properties owned by the same person but connected by a right-of-way
which he controls and to which the public does not have access, is
also considered on-site property.'' 40 CFR 260.10
\6\ Note that facility generation rates must be made on a per
month basis for all hazardous wastes generated on-site. Waste
averaging (i.e., determining the total amount of waste generated in
a year and dividing by 12) is not permitted in calculating monthly
generation rates. Likewise, mixed waste cannot be treated separately
from other hazardous waste in terms of the generation and
accumulation limits.
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More than 90 days, and if the facility's generation
rate (both hazardous and mixed waste) is greater than 1000 kilograms
per month (or greater than 1 kilogram of acutely hazardous waste/
month; 7 or
\7\ Acutely hazardous wastes are defined in 40 CFR 261.11(a)(2)
and listed in 40 CFR 261.31-33).
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More than 180 days, and if the facility's waste
generation rate (both hazardous and
[[Page 40207]]
mixed waste) is between 100 and 1000 kilograms/month (in addition, the
on-site waste accumulation can not exceed 6000 kilograms); or
Longer than 270 days, if the facility's waste
generation rate (both hazardous and mixed waste) is between 100 and
1000 kilograms/month, and if the hazardous waste management facility
to which the waste must be shipped is over 200 miles from the
licensee's facility.
Licensees have asked questions about the applicability of RCRA
regulated quantities. If a facility generates a quantity of low-
level mixed waste that, combined with on-site RCRA non-mixed
hazardous waste generation, does not exceed 100 kg/mo (or one
kilogram of acutely hazardous waste as defined in 40 CFR
261.11(a)(2) and listed in 40 CFR 261.31-33), it qualifies as a
conditionally exempt small quantity generator (SQG). As a result, it
can dispose of the low-level mixed waste as low-level radioactive
waste, if these materials meet the disposal site's waste acceptance
criteria (40 CFR 261.5).
RCRA permit requirements are unit-specific and are described in
40 CFR part 264 for permitted facilities and 40 CFR part 265 for
interim status facilities. Interim status requirements are self-
implementing waste management requirements which are limited to
facilities that were already in existence on the date that a new
regulation or statutory requirement took effect and which subjected
the facility to RCRA. For mixed waste facilities in authorized
States, this date generally corresponds to the date that the State
received authorization for a mixed waste program, although State
requirements may differ.
Under RCRA, persons who store the prescribed quantities of
hazardous wastes for less than the times outlined above are
considered generators only and need not obtain a storage permit.
However, such generators are still subject to the storage
requirements of 40 CFR 262.34 (a) or (d),8 unless they qualify
for the conditionally exempt small quantity generator (SQG)
exemption in 40 CFR 261.5. A generator qualifies for this exemption
if he generates no more than 100 kilograms of hazardous waste
(including mixed waste) per month or 1 kilogram of acutely hazardous
waste/month. Conditionally exempt SQGs are generally not subject to
RCRA regulation as long as they meet the generation and accumulation
limits, properly characterize their waste and ensure its proper
management. If a SQG accumulates more than 1000 kilograms on-site or
if its generation rate exceeds 100 kilograms in any given month,
that SQG is no longer conditionally exempt and is subject to
RCRA.9
\8\ 40 CFR 262.34(a) addresses the accumulation time and the
containment of wastes in containers, tanks, or on drip pads as well
as the labelling of these units. 40 CFR 262.34(d) discusses storage
requirements for persons generating between 100 and 1000 kilograms
of hazardous waste per month.
\9\ State regulations pertaining to small quantity generators
may vary. Generators should contact the appropriate State hazardous
waste regulatory authority to determine the status of SQGs in their
State.
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Generators may also store up to 55 gallons of hazardous waste
(or 1 quart of acutely hazardous waste) in containers at or near the
site of generation without a RCRA permit and without regard to the
storage time limits. This is known as ``satellite accumulation'' and
is governed by 40 CFR 262.34(c)(1). However, any waste in excess of
the 55 gallons (or 1 quart of acutely hazardous waste) must be
removed from this area within three days of the date that these
volumes were exceeded to a central storage area at which time the
accumulation times mentioned above take effect. For example, a
facility that generates over 1000 kg of hazardous waste per month
has up to three days to remove any waste that exceeds the satellite
accumulation limit of 55 gallons from the satellite accumulation
container and, following that three day period (or after waste is
moved to the generator storage area), may store the waste for up to
90 days in accordance with the generator storage provisions of 40
CFR Part 262.34(a). If the waste is stored longer than 90 days, RCRA
interim status or a RCRA storage permit is required.
Secondary materials that are stored or accumulated prior to
being recycled (used, reused, or reclaimed) may be considered
``accumulated speculatively'' (see 40 CFR sections 261.1(c)(7),
261.1(c)(8), and 261.2(c) and (e)) and thus may be identified as
hazardous waste unless the generator or facility accumulating the
material can demonstrate that:
The material is potentially recyclable;
The material has a feasible means of being recycled;
and
At least 75 percent by weight or volume is recycled or
transferred to a different site for recycling during the calendar
year.
The EPA Regional Administrator or State Director has authority
to approve accumulation that does not meet these limits, upon
request for a variance (see 40 CFR 260.31(a)).
These restrictions on speculative accumulation may bring
materials into the hazardous waste universe that have in the past
been considered recyclable (see 40 CFR 261.2(d) and 261.2(e)). The
intent of having such a requirement is to prevent the long term
storage and mismanagement of hazardous materials under the guise
that they may have some potential for being reused or recycled.
Readers are encouraged to review 40 CFR 261.2 and 261.6 for further
information on accumulation.
c. Storage Time Limitations Under the Land Disposal Restrictions and
Variances
EPA's Land Disposal Restriction (LDR) regulations (i.e., the
requirements in 40 CFR 268.50 that prohibit the land disposal of
hazardous wastes without prior treatment) prohibit the storage of
LDR restricted hazardous wastes (including mixed wastes) except when
storage is ``solely for the purpose of accumulation of such
quantities of hazardous waste as necessary to facilitate proper
recovery, treatment, or disposal''. Wastes that satisfy this
accumulation requirement, may be stored in tanks, containers, or
containment buildings on-site.10 Waste may be stored without
regard to the storage prohibition if it has been treated to meet EPA
treatment standards or if the waste is not subject to, or is exempt
from, the LDRs because of an extension or a specific exemption from
the LDRs (e.g., conditionally exempt small quantity generator
wastes). In addition, wastes that have been placed into storage
prior to an applicable LDR effective date are not subject to the
prohibitions on storage. However, once such wastes are removed from
storage, these wastes are subject to treatment standards and other
applicable LDR requirements (51 FR 40577, November 7, 1986).
\10\ Containment buildings (defined as hazardous waste
management units where waste is stored or treated) are not
considered land disposal units and wastes may be stored in
containment buildings without first meeting a treatment standard.
Please see 57 FR 37194, August 18, 1992 for more detailed
information.
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The storage prohibition also is not in effect for waste subject
to a variance from the Land Disposal Restrictions. EPA grants three
general types of variances from the LDRs: (1) variances that delay
the effective date of a prohibition (e.g., a variance based on the
lack of capacity to treat, recover or dispose hazardous waste); (2)
variances from the prohibition based on a ``no-migration''
determination; and (3) a treatability variance from a specific
treatment standard. For more information on these variances, please
consult the EPA guidance document entitled ``Guidance on the Land
Disposal Restrictions' Effects on Storage and Disposal of Commercial
Mixed Waste'' (OSWER Directive 9555.00-01, September 28, 1990)
available from NRC or EPA.
d. RCRA Permits and NRC License Amendments
Storage of all radioactive waste, including mixed waste, should
be carried out in such a manner that ensures that the stored waste
does not create a radiological hazard to surrounding areas, increase
the potential for a release of radioactive materials to unrestricted
areas, or pose an increased hazard to facility personnel. The
physical, chemical, and radiological characteristics of the waste,
as well as any other characteristics that could pose a potential
health and safety problem in the storage area should be identified
and evaluated by the licensee prior to developing the NRC license
application or amendment request. Provisions for material security
and inventory, fire protection, effluent controls, effluent
monitoring, shielding and area radiological controls should be
included in the NRC license application or amendment request. This
application or request should include written procedures for
radiological surveys, periodic audits, and inspections, as well as
an effective contingency plan to address the repackaging of damaged
or deteriorating containers. The elements of the plan should take
into account the isotopes, waste forms, and quantities to be stored.
In order to remain in compliance with all regulatory
requirements for mixed waste storage, some licensees may need to
obtain an EPA (or authorized State) storage permit and/or amend
their NRC (or Agreement State)
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licenses. Examples of instances where an NRC license amendment may be
needed include:
If the total activity of the radioactive material at
the facility (both in use, storage, or in waste) would exceed the
activity authorized by the facility license;
If the licensee intends to store the waste in a portion
of the facility not authorized by the license;
If the chemical or physical form of the waste is not
authorized by the license; or
If the storage program is not specifically included
within the scope of the authorization.
If a licensee is required to amend its radioactive materials
license, NRC will require the licensee to provide sufficient
information to evaluate the request and determine if the proposed
amendment impacts on the level of protection afforded by the
existing license.
NRC License Amendments
While EPA regulations concerning the storage of hazardous waste
(40 CFR Part 264, Subpart I and J) are fairly prescriptive, NRC
regulations regarding the storage of radioactive waste, other than
spent fuel, are more performance based. NRC licenses incorporate
conditions specific to a facility or licensee that prescribe
acceptable practices for the storage of radioactive material.
Typically, licensees propose materials management practices to NRC
and an evaluation of the proposed practice is performed by NRC prior
to approving (or disapproving) the request. These license conditions
are then enforceable conditions under which the licensee must
conduct his operations.
Those facilities already possessing a radioactive materials
license may need to amend their license to store mixed waste.
Currently, NRC guidance on LLW storage is contained in several
Generic Letters and Information Notices. Appendix A lists these
Generic Letters and Information Notices. Licensees contemplating
storing mixed waste should review the NRC guidance and contact NRC
to determine the information that should be included in a request to
store mixed waste at their facility.
[In a memorandum to the Commission dated August 1, 1994 (SECY 94-
198), NRC staff provided the Commission with revisions to the
existing guidance for on-site storage of low-level radioactive
waste. NRC staff expects to finalize the guidance in late 1995.
Until the revised guidance is finalized licensees should refer to
the guidance discussed in Appendix A. NRC staff expects to include
the revised LLW storage guidance in the final joint guidance on
mixed waste storage].
If licensees store mixed waste containing special nuclear
material, they must address the special properties of the fissile
radioisotopes in this waste. Their mixed-waste storage program must
address the spatial distribution, geometry, volume, and the
concentration of this waste at the storage facility. Strict controls
are to be implemented and documented that assure the safe storage of
mixed waste containing special nuclear material. Appropriate
security measures are to be taken, and documented, to ensure the
physical security of special nuclear material at the storage
facility. The licensee must comply with all requirements stipulated
in their license and with the requirements in 10 CFR Part 70,
``Domestic Licensing of Special Nuclear Material.''
RCRA Permits
Licensees who require a RCRA permit for storage must submit an
EPA permit application. The application, which is described in 40
CFR Part 270, consists of two parts (Parts A and B). Part A consists
of pages 1 and 3 of the Consolidated Permit Applications Form. There
is no form for a Part B application. Rather, the Part B application
is submitted in narrative form and should contain the information
set forth in the applicable sections of 40 CFR 270.14 through
270.29. For new facilities, Parts A and B of the permit must be
submitted at least 180 days before physical construction of any new
facility is expected to commence.
For existing facilities (i.e., existing on the date that RCRA
applicability is established), timely submission of the Notification
of Hazardous Materials Activity and a Part A application qualifies
the facility for interim status under RCRA section 3005(e).
Facilities with interim status are treated as having been issued a
RCRA permit until EPA, or a State, makes a final determination on
the permit application.
Facilities with interim status still must comply with the
interim status regulations set forth in 40 CFR Part 265 or with
their State's regulations if it is an EPA authorized State. For such
existing facilities the EPA Regional Administrator shall set a date,
giving the facility at least six months notice, for submission of
the Part B application.
III. Specific Storage Issues
Most mixed waste at operating facilities will be stored in
containers or, less frequently, in tanks. EPA requirements for waste
stored in tanks and containers are outlined in RCRA Subparts J and
I, respectively. In addition, 40 CFR 268.50 addresses the storage of
hazardous wastes restricted from land disposal under Subpart C of
RCRA. Unlike EPA regulations, NRC's requirements for waste storage
are not specific with respect to the type of storage unit (i.e.,
container, tank, waste pile, etc.), except for tanks at nuclear
power reactors, but are based on the type of waste (i.e, wet or dry)
and are outlined in 10 CFR Parts 20, 30, 40, 50, 70, and 73.
Licensees will be required to comply with container and tank
requirements of both EPA and NRC.
Licensees have identified a variety of issues associated with
the storage of mixed waste that have caused them concern. Licensees
have indicated to both NRC and EPA that they believe strict
adherence to the regulations of both agencies may not be possible
because of perceived inconsistencies between the two sets of
regulatory requirements.11 Where radioactive wastes (or wastes
suspected of being radioactive) are involved in storage, it has been
suggested that the NRC's storage requirements may run counter to the
aims of RCRA. Neither EPA nor NRC is aware of any specific instances
where RCRA compliance has been inconsistent with the AEA. However,
both agencies acknowledge that an inconsistency may occur. A
licensee or applicant who suspects that an inconsistency may exist
should contact both NRC, EPA, or any other AEA and RCRA regulatory
agencies. These regulatory agencies should deliberate and consult on
whether there is an unresolvable inconsistency and, if one exists,
they should attempt to fashion the necessary relief from the
particular RCRA provision that gives rise to the inconsistency.
However, all other RCRA regulatory requirements would apply. That
is, a finding by the regulatory agencies that an inconsistency
exists does not relieve a hazardous waste facility owner/operator of
the responsibility to ensure that the mixed waste is managed in
accordance with all other applicable RCRA regulatory requirements.
Owners/operators of mixed waste facilities are encouraged to address
and document this potential situation and its resolution in the RCRA
facility waste analysis plan which must be submitted with the Part B
permit application, or addressed in a permit modification.
\11\ The Agencies consider an inconsistency to occur when
compliance with one statute or set of implementing regulations would
necessarily cause non-compliance with the other.
---------------------------------------------------------------------------
Licensees have identified four issues where compliance with both
agencies' regulations has caused concern or confusion. These issues
are:
(1) Decay-in-storage of mixed waste;
(2) Inspection/surveillance requirements for mixed waste in
storage;
(3) Allowable storage practices for stored mixed waste; and
(4) Waste compatibility, segregation and spacing requirements.
Decay-in-Storage of Mixed Waste
A large portion of the radioactive waste (and mixed waste)
generated by medical and biomedical research institutions contains
radionuclides with relatively short half-lives. These short lived
radionuclides are especially prevalent in the combustible dry waste,
aqueous wastes, and animal carcass wastes generated by medical and
academic institutions. NRC generally allows medical facilities to
store waste containing radionuclides with half-lives of less than 65
days until 10 half-lives have elapsed and the radiation emitted from
the unshielded surface of the waste, as measured with an appropriate
survey instrument, is indistinguishable from background levels. The
waste may then be disposed of as non-radioactive waste after
ensuring that all radioactive material labels are rendered
unrecognizable (see 10 CFR 35.92). Radioactive waste may also be
stored for decay under certain circumstances in accordance with 10
CFR 20.2001. For mixed waste, storage for decay is particularly
advantageous, since the waste may be managed solely as a hazardous
waste after the radionuclides decay to background levels. Thus, the
management and regulation of these mixed wastes are greatly
simplified by the availability of storage for decay.
Before disposing of the waste after decay, the licensee must
survey the waste using an appropriate survey instrument, and
[[Page 40209]]
technique, and demonstrate that the radiation emitted from the waste is
indistinguishable from representative background levels. Licensees,
not already authorized to hold wastes for decay-in-storage, that
wish to hold mixed waste for decay-in-storage may need to obtain a
license amendment from NRC prior to storing the mixed waste. Many
licensees in possession of mixed waste and who use decay-in-storage
will be required to obtain an amendment to store the mixed waste for
decay prior to disposal as hazardous waste. The following should be
included in a license amendment request to NRC:
A description of the survey procedures to be used
during storage and prior to release of the waste to a hazardous
waste-only facility,
A description of the procedures for segregating and
tracking waste from placement in storage to release to a hazardous
waste-only facility,
A commitment that waste will be held for a minimum of
ten half-lives prior to performing the final radiation survey before
release to a hazardous waste-only facility and
A statement that the decayed radioactive waste will not
be released to a hazardous waste-only facility unless the radiation
emitted from the waste is indistinguishable from background
radiation.
While NRC licensing amendments address the management of the
radioactive component of these wastes, they generally have no effect
on the applicable RCRA storage provisions. Storage requirements
under RCRA should ideally be implemented in a manner that provides
appropriate protection of health and the environment, without
setting up undue impediments to well conducted decay programs.
Under RCRA, a storage permit (or interim status) is generally
required to manage the wastes during the decay period if this
storage period exceeds 90 days. However, even with such a permit, a
question has been raised as to whether accumulation of mixed wastes
during the decay period violates the Land Disposal Restrictions
(LDR) storage prohibition in RCRA section 3004(j). This latter
provision, and regulations at 40 CFR 268.50, generally prohibit
generators and owner/operators of hazardous waste treatment,
storage, or disposal facilities from storing hazardous wastes that
are restricted from land disposal under the LDR program, except when
storage is ``solely for the purpose of accumulation of such
quantities of hazardous waste as necessary to facilitate proper
recovery, treatment, or disposal''. Exceptions are recognized for
hazardous wastes that have been treated to LDR treatment
specifications, and for wastes exempted by virtue of one of the LDR
variance authorities, i.e., a capacity variance, a no migration
variance, or a case-by-case extension. In addition, RCRA and
regulations at 40 CFR 268.50(a) define a conditional exception for
on-site storage in tanks or containers, where the generator complies
with the regulations at 40 CFR 262.34 requirements, and the storage
is solely for the purpose of the accumulation of such quantities of
hazardous waste as are necessary to facilitate proper recovery,
treatment, or disposal.
EPA believes that the limited periods of approved decay-in-
storage of mixed waste do not violate the RCRA section 3004(j)
storage prohibition. EPA believes this interpretation is supported
by the following consideration.
EPA considers decay-in-storage a necessary and useful part of
the best demonstrated available technology (BDAT) treatment process.
``Decay-in-storage'' meets the definition of ``treatment'' in 40 CFR
260.10, insofar as it is a method or technique designed to change
the physical character or composition (amount of radioactivity) in
the mixed wastes. Decay-in-storage subsequently makes the treatment
of the hazardous constituents safer, and renders them safer for
transport.
As a result, the LDR storage prohibition does not apply to mixed
waste held pursuant to an NRC approved decay-in-storage program
during the period of decay. EPA emphasizes that the inapplicability
of the storage prohibition is coincident with the period of decay;
once the waste has decayed to levels that are indistinguishable from
background levels, the RCRA 3004(j) and 40 CFR 268.50 provisions
apply fully to any additional storage that occurs prior to
completing the required BDAT treatment.
Inspection/Surveillance Requirements for Stored Mixed Waste
Under RCRA, waste storage containers must be inspected on a
weekly basis (40 CFR 264.174) and certain above-ground portions of
waste storage tanks on a daily basis (40 CFR 264.195(b)(1)). The
purpose of these inspections is to detect leakage from or
deterioration of containers. NRC recommends that waste in storage be
inspected on at least a quarterly basis. Licensees have expressed
concerns that daily or weekly ``walk-through'' inspections of high-
activity mixed waste may result in increased exposures to workers at
their facilities and thus violate their As Low as Reasonably
Achievable (ALARA) programs.
The RCRA regulations and permit guidance do not require that
inspections of mixed waste in storage must be ``walk-through''
inspections. NRC and EPA recognize that increased exposures to
workers may result from daily or weekly ``walk through'' inspections
and suggest that licensees consider using methods other than walk-
through inspections as a means to inspect high-activity mixed waste
in storage. Alternative methods for inspection could include the use
of remote monitoring devices to determine if a waste container is
leaking or television monitors, or other means that are capable of
detecting leakage or deterioration. Such alternative methods would
comply with the RCRA regulation and would avoid the additional
exposures of walk-through inspections. However, these measures
should be coupled with a means to promptly locate and segregate or
remediate leaking containers.
Flexibility does exist in the RCRA regulations to allow use of
such alternative inspection procedures at frequencies specified in
the hazardous waste regulations and in the facility's waste analysis
plan. Once a facility receives a RCRA permit, these procedures and
frequencies are included in the permit. Facilities with existing
RCRA permits may have to request a permit modification to change
stated inspection procedures (40 CFR 270.42).
NRC licensees that have incorporated specific inspection
procedures in their radioactive materials licenses or procedures
referred to in license conditions should contact the appropriate NRC
or State office to determine if the alternative inspection procedure
will require the license to be amended.
Allowable Storage Practices--Dense Packing Practices
NRC currently allows containers with low exposure rates to be
used to provide radiation shielding for containers with higher
exposure rates. Licensees have expressed concerns that RCRA
inspection requirements (40 CFR 264.174, 264.195(b)(1), 265.174, and
265.195(a)(1)) may restrict this use of low exposure rate containers
and that such a restriction could cause an increase in worker
exposures.
The agencies agree that using low-exposure rate containers for
radiation shielding is a reasonable practice. However, concerns
about the potential consequences of a container leaking liquid high-
activity mixed waste must also be addressed. Containers may be used
for radiation shielding, so long as a licensee is capable of
detecting, locating the source, and responding to a release within
24 hours of detection to mitigate any significant release. An
example of such a capability might include a remote monitoring
capability coupled with a means for promptly locating and responding
to such a release. So long as the container configuration does not
compromise the ability to detect or respond to container leakage or
deterioration, the configuration complies with RCRA requirements.
Waste Compatibility, Segregation and Spacing Requirements
In general, any facility that treats, stores or disposes of RCRA
hazardous wastes (including mixed waste) must take special measures
in handling ignitable, reactive, and potentially incompatible
wastes. These measures are outlined in 40 CFR 264.17, including
placing ``No smoking'' signs in areas where ignitable or reactive
wastes present hazards, separating or protecting wastes from sources
of ignition or reaction, and taking special precautions to avoid
explosive, heat or gas generating reactions. Facilities must
document their compliance with these measures (40 CFR 264.17(c)).
Additional requirements for ignitable, reactive, and
incompatible wastes managed in tanks and containers are found in
Subparts I and J of 40 CFR Parts 264 and 265. For example, 40 CFR
264.177 and 265.177 require that wastes managed in containers that
are stored close to incompatible wastes or other materials ``must be
separated from the other materials or protected from them by means
of a dike, berm, wall, or other device'' to prevent ignition or
reaction. This separation, however, can occur in the same storage
facility and does not necessitate the construction of an entirely
separate storage unit. Hazardous wastes also may not be placed in
unwashed or contaminated units that previously contained
incompatible
[[Page 40210]]
wastes or materials (40 CFR 264.177(b)). Appendix V of 40 CFR Part 264
contains examples of potentially incompatible wastes.
RCRA storage facilities must also maintain sufficient aisle
space in waste storage areas ``to allow the unobstructed movement of
personnel, fire protection equipment, spill control equipment, and
decontamination equipment to any area of the facility operation in
an emergency, unless it can be demonstrated to the EPA Regional
Administrator that aisle space is not needed for these purposes''
(40 CFR 264.35). In situations where high activity mixed wastes are
monitored by remote means and/or stored using dense packing, a new
facility has the flexibility to make such a demonstration to the
Regional Administrator based (or authorized State) on the need to
control the radiation hazard (40 CFR 264.35). Facilities with
interim status have the same opportunity to justify why aisle space
is not required (40 CFR 265.35). In either case, alternative systems
or plans to contain spills, prevent fire and decontaminate equipment
may be required by the Regional Administrator. The determination to
waive or alter the aisle space requirement will be made on a case-
by-case basis and be incorporated into the facility's RCRA permit.
IV. EPA RCRA Enforcement Policy for Mixed Waste in Storage
EPA has recognized that a shortage of adequate treatment and
disposal capacity for mixed waste has existed for some time, and
that the LDRs present a problem for generators that are unable to
treat or dispose of this waste. Accordingly, on August 29, 1991 EPA
announced, in the Federal Register (56 FR 42730) a policy of giving
a reduced priority to civil enforcement of the storage prohibition
in section 3004 (j) of RCRA at facilities which generate mixed
waste. The policy was limited to civil enforcement and
administrative actions resulting solely from the act of storing
mixed waste in violation of RCRA section 3004 (j) and to those waste
streams for which adequate treatment is not available. The policy
was limited in duration and expired on December 31, 1993. On April
20, 1994, EPA announced a two year extension of this policy (59 FR
18813).
This policy applies to facilities which generate less than 1,000
cubic feet per year of land disposal restricted mixed waste and are
operated in an environmentally responsible manner. EPA will consider
a variety of factors in determining if a facility is conducting its
operations in an environmentally responsible manner including:
Whether the facility can demonstrate that its mixed
waste storage areas are in compliance with all applicable RCRA
storage facility standards found in 40 CFR 264.73/265.73 and
inspection standards found in 40 CFR 264.15/265.15;
Whether the facility has identified and kept records of
its mixed wastes in accordance with 40 CFR 264.73(b)/265.73(b),
including sources, waste codes, generation rates and volumes in
storage;
Whether the facility has developed a mixed waste
minimization plan (see 58 FR 31114, May 28, 1993) and;
Whether the facility is prepared to demonstrate the
good faith efforts it has undertaken to ascertain the availability
of treatment capacity for its wastes.
Licensees are encouraged to review this policy as presented in
the Federal Register to determine if the flexibility contained in
the policy may be appropriate for the operations at their
facilities.
V. Conclusion
NRC and EPA recognize that until adequate treatment and disposal
capacity is developed, mixed waste generators will face difficulties
when storing their mixed waste. Compliance with both agencies'
regulatory requirements will require that mixed waste generators
become familiar with and take advantage of the flexibility in the
existing regulations. Methods to ensure compliance with these
regulations may include the use of remote monitoring equipment and
shielding high exposure rate containers with low exposure rate
containers. Generators that manage land disposal restricted waste
and that are unable to find treatment and disposal capacity are
likely to meet the conditions for the lower enforcement priority
policy described above. If a generator locates adequate treatment
and disposal capacity, this capacity should be used rather than
engaging in unnecessary storage.
Generators should make every effort to determine if treatment or
disposal capacity currently exists for their mixed waste. In order
to provide mixed waste generators with information on commercial
treatment and disposal capacity, the agencies published NUREG/CR-
5938, the National Profile on Commercially Generated Low-Level
Radioactive Mixed Waste in December 1992. This NUREG presents
information on the volumes, characteristics, and treatability of
commercially generated mixed waste and provides valuable information
on facilities that currently offer treatment services for mixed
waste. Finally, generators should minimize, to the maximum extent
practicable, the amount of mixed waste being generated at their
facilities. EPA's Risk Reduction Engineering Laboratory (RREL), in
coordination with DOE, is currently conducting research in waste
minimization techniques that should provide generators with general
strategies to minimize their hazardous and mixed waste generation.
Mixed waste generators should contact RREL at (513) 569-7391 to
obtain information on these general waste minimization techniques.
(For additional guidance, refer to 58 FR 31114, May 28, 1993,
Guidance to Hazardous Waste Generators on the Elements of a Waste
Minimization Program, or NRC Information Notice 94-23, Guidance to
Hazardous, Radioactive and Mixed Waste Generators on the Elements of
a Waste Minimization Program, March 25, 1994).
NRC and EPA believe that through cooperation with the regulatory
authorities, the use of innovative storage practices, minimizing
mixed waste generation, and treating mixed waste to the maximum
extent possible, mixed waste generators will be able to manage their
mixed waste in a manner that protects the public and the environment
until adequate disposal capacity is developed.
Table 1.--States With Mixed Waste Authority as of June 30, 1995
Alabama Illinois Nebraska Oregon.
Arizona Indiana Nevada South Carolina.
Arkansas Kansas New Hampshire South Dakota.
California Kentucky New Mexico Tennessee.
Colorado Louisiana New York Texas.
Connecticut Michigan North Carolina Utah.
Florida Minnesota North Dakota Vermont.
Georgia Mississippi Ohio Washington.
Guam Missouri Oklahoma Wisconsin.
Idaho Montana
Table 2.--NRC Agreement States, as of June 30, 1995
Alabama Kansas New York.
Arizona Kentucky North Carolina.
Arkansas Louisiana North Dakota.
California Maine Oregon.
Colorado Maryland Rhode Island.
Florida Mississippi South Carolina.
Georgia Nebraska Tennessee.
[[Page 40211]]
Illinois Nevada Texas.
Iowa New Hampshire Utah.
New Mexico Washington.
Table 3.--RCRA Regulatory Requirements for Mixed Waste
------------------------------------------------------------------------
Facility located in Applicable requirements
------------------------------------------------------------------------
State not authorized for Mixed waste is subject to Federal RCRA
base RCRA Program. Subtitle C requirements. State may impose
additional requirements.
State authorized for base Mixed waste is not subject to RCRA Subtitle C
RCRA program but not for requirements. State may impose non-RCRA
mixed waste. mixed waste requirements.
State authorized for base Mixed waste is subject to authorized State
RCRA program and mixed RCRA requirements.*
waste (mixed waste
authorized State).
------------------------------------------------------------------------
* Under Sec. 3008(a)(2) of the SWDA, EPA retains enforcement authority
in authorized States.
References
40 CFR Part 260, Hazardous Waste Management System: General
Title 40, Code of Federal Regulations, Sec. 260.10.
U.S. Environmental Protection Agency and U.S. Nuclear Regulatory
Commission, 1989, ``Guidance on the Definition and Identification of
Commercial Mixed Low-Level Radioactive and Hazardous Waste and
Answers to Anticipated Questions.''
National Profile on Commercially Generated Low-level Radioactive
Mixed Waste, NUREG/CR-5938, December 1992.
List of Regulations
Environmental Protection Agency General Regulations for
Hazardous Waste Management, 40 CFR Part 260.
Environmental Protection Agency Regulations for Identifying
Hazardous Waste, 40 CFR Part 261.
Environmental Protection Agency Regulations for Hazardous Waste
Generators, 40 CFR Part 262.
Environmental Protection Agency Standards for Owners and
Operators of Hazardous Waste Treatment, Storage and Disposal
Facilities, 40 CFR Part 264.
Environmental Protection Agency Interim Status Standards for
Owners and Operators of Hazardous Waste Facilities, 40 CFR Part 265.
Environmental Protection Agency Regulations on Land Disposal
Restrictions, 40 CFR Part 268.
Nuclear Regulatory Commission Regulations--Standards for
Protection Against Radiation, 10 CFR Part 20.
Nuclear Regulatory Commission Regulations--Rules of General
Applicability to Domestic Licensing of Byproduct Material, 10 CFR
Part 30.
Nuclear Regulatory Commission Regulation--Domestic Licensing of
Source Material, 10 CFR Part 40.
Nuclear Regulatory Commission Regulations--Domestic Licensing of
Production and Utilization Facilities, 10 CFR Part 50.
Nuclear Regulatory Commission Regulations--Licensing
Requirements for Land Disposal of Radioactive Waste, 10 CFR Part 61.
Appendix A
NRC Guidance Documents on the Storage of Radioactive Waste
1. NRC Generic Letter 81-38, Storage of Low-Level Radioactive
Wastes at Power Reactor Sites.
2. NRC Generic Letter 85-14, Commercial Storage at Power Reactor
Sites of Low-Level Radioactive Waste Not Generated by the Utility.
3. NRC Information Notice No. 89-13, Alternative Waste
Management Procedures in Case of Denial of Access to Low-Level Waste
Disposal Sites.
4. NRC Information Notice 90-09, Extended Interim Storage of
Low-Level Radioactive Waste by Fuel Cycle and Materials Licensees.
[FR Doc. 95-19359 Filed 8-4-95; 8:45 am]
BILLING CODE 7590-01-P
