[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Pages 49295-49297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23531]
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NUCLEAR REGULATORY COMMISSION
Uranium Mill Facilities, Notice of Two Guidance Documents: Final
Revised Guidance on Disposal of Non-Atomic Energy Act of 1954, Section
11e.(2) Byproduct Material in Tailings Impoundments; Final Position and
Guidance on the Use of Uranium Mill Feed Materials Other Than Natural
Ores
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of final guidance.
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SUMMARY: The U.S. Nuclear Regulatory Commission has finalized two
uranium mill licensing guidance documents after consideration of
comments received in response to a request for public comment in a
Federal Register notice published May 13, 1992 (57 FR 20525). Only
minor changes were made to the proposed guidance documents titled,
``Revised Guidance on Disposal of Non-Atomic Energy Act of 1954,
Section 11e.(2) Byproduct Material in Tailings Impoundments'' and
``Position and Guidance on the Use of Uranium Mill Feed Materials Other
Than Natural Ores.''
ADDRESSES: Copies of the comments and the NRC staff responses, as well
as SECY-91-243, can be examined at the Commission's Public Document
Room at 2120 L Street NW. (lower level), Washington DC.
FOR FURTHER INFORMATION CONTACT: Myron Fliegel, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone (301) 415-6629.
SUPPLEMENTARY INFORMATION:
Final Revised Guidance on Disposal of Non-Atomic Energy Act of 1954,
Section 11e.(2) Byproduct Material in Tailings Impoundments
1. In reviewing licensee requests for the disposal of wastes that
have radiological characteristics comparable to those of Atomic Energy
Act (AEA) of 1954, Section 11e.(2) byproduct material (hereafter
designated as ``11e.(2) byproduct material'') in tailings impoundments,
staff will follow the guidance set forth below. Since mill tailings
impoundments are already regulated under 10 CFR part 40, licensing of
the receipt and disposal of such material [hereafter designated as
``non-11e.(2) byproduct material1''] should also be done under 10
CFR part 40.
\1\``non-11e.(2) byproduct material'' as used here is simply an
encompassing term for source, special nuclear, and 11e.(1) byproduct
materials.
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2. Radioactive material not regulated under the AEA shall not be
authorized for disposal in an 11e.(2) byproduct material impoundment.
3. Special nuclear material and Section 11e.(1) byproduct material
waste should not be considered as candidates for disposal in a tailings
impoundment, without compelling reasons to the contrary. If staff
believes that such material should be disposed of in a tailings
impoundment in a specific instance, a request for approval by the
Commission should be prepared.
4. The 11e.(2) licensee must demonstrate that the material is not
subject to applicable Resource Conservation and Recovery Act (RCRA)
regulations or other U.S. Environmental Protection Agency (EPA)
standards for hazardous or toxic wastes prior to disposal. To further
ensure that RCRA hazardous waste is not inadvertently disposed of in
mill tailings impoundments, the 11e.(2) licensee also must demonstrate,
for waste containing source material, as defined under the AEA, that
the waste does not also contain material classified as hazardous waste
according to 40 CFR part 261. In addition, the licensee must
demonstrate that the non-11e.(2) material does not contain material
regulated under other Federal statutes, such as the Toxic Substances
Control Act. Thus, source material physically mixed with other
material, would require evaluation in accordance with 40 CFR part 261,
or 40 CFR part 761. (These provisions would cover material such as:
Characteristically hazardous waste; listed hazardous waste; and
polychlorinated biphenyls.) The demonstration and testing should follow
accepted EPA regulations and protocols.
5. The 11e.(2) licensee must demonstrate that there are no
Comprehensive Environmental Response, Compensation and Liability Act
issues related to the disposal of the non-11e.(2) byproduct material.
6. The 11e.(2) licensee must demonstrate that there will be no
significant environmental impact from disposing of this material.
7. The 11e.(2) licensee must demonstrate that the proposed disposal
will not compromise the reclamation of the tailings impoundment by
demonstrating compliance with the reclamation and closure criteria of
appendix A of 10 CFR part 40.
8. The 11e.(2) licensee must provide documentation showing approval
by the Regional Low-Level Waste Compact in whose jurisdiction the waste
originates as well as approval by the Compact in whose jurisdiction the
disposal site is located.
9. The Department of Energy (DOE) and the State in which the
tailings impoundment is located, should be informed of the Nuclear
Regulatory Commission findings and proposed action, with a request to
concur within 120 days. A concurrence and commitment from either DOE or
the State to take title to the tailings impoundment after closure must
be received before granting the license amendment to the 11e.(2)
licensee.
10. The mechanism to authorize the disposal of non-11e.(2)
byproduct material in a tailings impoundment is an amendment to the
mill license under 10 CFR part 40, authorizing the receipt of the
material and its disposal. Additionally, an exemption to the
requirements of 10 CFR part 61, under the authority of Sec. 61.6, must
be granted. (If the tailings impoundment is located in an Agreement
State with low-level waste licensing authority, the State must take
appropriate action to exempt the non-11e.(2) byproduct material from
regulation as low-level waste.) The license amendment and the Sec. 61.6
exemption should be supported with a staff analysis addressing the
issues discussed in this guidance.
Final Position and Guidance on the Use of Uranium Mill Feed Material
Other Than Natural Ores
Staff reviewing licensee requests to process alternate feed
material (material other than natural ore) in uranium mills should
follow the guidance presented below. Besides reviewing to determine
compliance with appropriate aspects of appendix A of 10 CFR part 40,
the staff should also address the following issues:
1. Determination of Whether the Feed Material is Ore
For the tailings and wastes from the proposed processing to qualify
as 11e.(2) byproduct material, the feed material must qualify as
``ore.'' In determining whether the feed material is ore, the following
definition of ore must be used:
Ore is a natural or native matter that may be mined and treated for
the extraction of any of its constituents or any other matter from
which source material is extracted in a licensed uranium or thorium
mill.
2. Determination of Whether the Feed Material Contains Hazardous Waste
If the proposed feed material contains hazardous waste, listed
under subpart D Secs. 261.30-33 of 40 CFR (or comparable RCRA
authorized State regulations), it would be subject to EPA (or State)
regulation under RCRA. To avoid the
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complexities of NRC/EPA dual regulation, such feed material will not be
approved for processing at a licensed mill. If the licensee can show
that the proposed feed material does not contain a listed hazardous
waste, this issue is resolved.
Feed material exhibiting only a characteristic of hazardous waste
(ignitable, corrosive, reactive, toxic) would not be regulated as
hazardous waste and could therefore be approved for recycling and
extraction of source material. However, this does not apply to residues
from water treatment, so acceptance of such residues as feed material
will depend on their not containing any hazardous or characteristic
hazardous waste. Staff may consult with EPA (or the State) before
making a determination of whether the feed material contains hazardous
waste.
3. Determination of Whether the Ore is Being Processed Primarily for
its Source-Material Content
For the tailings and waste from the proposed processing to qualify
as 11e.(2) byproduct material, the ore must be processed primarily for
its source-material content. There is concern that wastes that would
have to be disposed of as radioactive or mixed waste would be proposed
for processing at a uranium mill primarily to be able to dispose of it
in the tailings pile as 11e.(2) byproduct material. In determining
whether the proposed processing is primarily for the source-material
content or for the disposal of waste, either of the following tests can
be used:
a. Co-disposal test: Determine if the feed material would be
approved for disposal in the tailings impoundment under the ``Final
Revised Guidance on Disposal of Non-Atomic Energy Act of 1954, Section
11e.(2) Byproduct Material in Tailings Impoundments,'' or revisions or
replacements to that guidance. If the material would be approved for
disposal, it can be concluded that if a mill operator proposes to
process it, the processing is primarily for the source-material
content. The material would have to be physically and chemically
similar to 11e.(2) byproduct material and not be subject to RCRA or
other EPA hazardous-waste regulations, as discussed in the guidance.
b. Licensee certification and justification test: The licensee must
certify under oath or affirmation that the feed material is to be
processed primarily for the recovery of uranium and for no other
primary purpose. The licensee must also justify, with reasonable
documentation, the certification. The justification can be based on
financial considerations, the high uranium content of the feed
material, or other grounds. The determination that the proposed
processing is primarily for the source material content must be made on
a case-specific basis.
If it can be determined, using the aforementioned guidance, that
the proposed feed material meets the definition of ore, that it will
not introduce a hazardous waste not otherwise exempted, and that the
primary purpose of its processing is for its source-material content,
the request can be approved.
Dated at Rockville, Maryland, this 13th day of September 1995.
For the Nuclear Regulatory Commission.
Joseph J. Holonich,
Chief, High-Level Waste and Uranium Recovery Projects Branch, Division
of Waste Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 95-23531 Filed 9-21-95; 8:45 am]
BILLING CODE 7590-01-P
