1 / 67

Radioactive Mine and Low-Level Radioactive Waste Regulation In The 21st Century

2. I.INTRODUCTION - Are Existing And Past Uranium Recovery (UR) And LLRW Regulations Prologue For Future Radioactive Mine Waste Regulation?. Some Mine Wastes Are Similar To Waste Produced From UR Milling Operations;While Mine Wastes Are Currently Regulated By The States, Some Have Suggested Regula

sunila
Download Presentation

Radioactive Mine and Low-Level Radioactive Waste Regulation In The 21st Century

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

    1. Radioactive Mine and Low-Level Radioactive Waste Regulation In The 21st Century Anthony J. Thompson ShawPittman, Washington, D.C.

    2. 2 I. INTRODUCTION - Are Existing And Past Uranium Recovery (UR) And LLRW Regulations Prologue For Future Radioactive Mine Waste Regulation? Some Mine Wastes Are Similar To Waste Produced From UR Milling Operations; While Mine Wastes Are Currently Regulated By The States, Some Have Suggested Regulating Radioactive Mine Waste In A Similar Fashion To Uranium Mill Tailings; UR, LLRW And NORM Regulatory Proceedings And Requirements Provide A Working, Changing, Real-life Laboratory To Evaluate Potential Future Regulatory Developments.

    3. 3 Introduction Contd Four Entities That Impact UR Recovery, LLRW, and NORM Regulation Include NRC EPA DOE Interstate Compacts We Address Each Below.

    4. 4 II. NUCLEAR REGULATORY COMMISSION (NRC) Uranium Recovery (UR) Operations Regulatory Program; Low Level Radioactive Waste (LLRW) Regulatory Program.

    5. 5 Nuclear Regulatory Commission (NRC) Contd A. The UR Operations Regulatory Program 1. NMA Issued White Paper On UR Regulation In 19981-- Examined Key Elements of NRCs Regulatory Program For UR, And Proposed Reforms. Goal Of White Paper: Establish A Rational, Coordinated Framework For Regulation Of UR Activities.

    6. 6 Nuclear Regulatory Commission (NRC) Contd NMAs White Paper Addressed The Following Issues: Concurrent State/NRC Jurisdiction Over Non-Radiological Components of Byproduct Material; NRC Regulation of ISL Activities (not discussed); Direct Disposal of Non-11e.(2) Byproduct Material in UR Tailings Disposal Facilities; Use of Alternate Feeds at Licensed UR Mills.

    7. 7 Nuclear Regulatory Commission (NRC) Contd Concurrent Jurisdiction Issue: Do Non-Agreement States Exercise Concurrent Jurisdiction Over Non-Radiological Aspects of 11e.(2) Byproduct Material? 1980 NRC Staff Position:2 Yes Position Developed Just After Passage of UMTRCA, When Expansive New Statutory Authority Not Well Understood and Regulatory Program in Infancy.

    8. 8 Nuclear Regulatory Commission (NRC) Contd Practical Implications of Concurrent Jurisdiction: Dual Federal/State Regulation -- Resulting in Sub-Optimized Disposal Requirements; Delays in Site Closure As Licensees Attempt to Satisfy Different, Sometimes Inconsistent Sets of Requirements; Reluctance of DOE to Assume Custody Following Site Closure. 3

    9. 9 Nuclear Regulatory Commission (NRC) Contd White Paper Arguments: UMTRCA Establishes a Pervasive Federal Scheme of Regulation Over Both Radiological and for the First Time Non-Radiological Aspects of 11e.(2) Byproduct Material; Concurrent Jurisdiction Conflicts With The Statute And Frustrates Congress Purpose Of Ensuring Timely Disposition of Tailings Under Uniform National Standards.

    10. 10 Nuclear Regulatory Commission (NRC) Contd In August 2000, NRC Adopted the Position Advocated in NMAs White Paper, Voting to Assert Exclusive Jurisdiction Over Both Radiological and Non-Radiological Aspects of 11e.(2) Byproduct Material.4

    11. 11 Nuclear Regulatory Commission (NRC) Contd Direct Disposal of Non-11e.(2) Byproduct Material In Uranium Mill Tailings Impoundments: Sound Policy Due To Limited Capacity for High Volume, Low Activity Wastes; Current NRC Policy Creates Numerous Hurdles Licensees Must Overcome, Making it Nearly Impossible to Dispose of Non-11e.(2) Material in Tailings Impoundments. 5

    12. 12 Nuclear Regulatory Commission (NRC) Contd NMA White Paper Proposed Several Modifications to NRCs Non-11e.(2) Disposal Policy, To Facilitate Use of Tailings Impoundments For Disposal of High Volume, Low Activity Wastes Similar to Uranium Mill Tailings. Commission Directs Staff to Look at Liberalizing Policy.6

    13. 13 Nuclear Regulatory Commission (NRC) Contd Processing Alternate Feeds At Uranium Mills. The Concept: Wastes Containing Uranium Can Be Processed Through a Mill To Recover Their Uranium Content, And the Resulting Tailings and Wastes Can Be Disposed Of As 11e.(2) Byproduct Material.7

    14. 14 Nuclear Regulatory Commission (NRC) Contd Disposal As 11e.(2) Byproduct Material Effectively Eliminates Long Term Contingent Liability For the Generator of the Alternate Feed (e.g., Liability Under Superfund). Title to the Waste Passes to Long Term Government Custodian, which is Subject to Perpetual NRC License.

    15. 15 Nuclear Regulatory Commission (NRC) Contd Under UMTRCA, Material Must be Processed Primarily for its Source Material Content to Generate 11e.(2) Byproduct Material. Commission Has Ruled That Motive of Licensee for Processing to Obtain Disposal or Recycling Fee Does not Disqualify a Material from Being Used as an Alternate Feed.8

    16. 16 Nuclear Regulatory Commission (NRC) Contd As Long as Uranium Will Be Recovered From Alternate Feed Material, Sham Processing is Not an Issue. Disposal/Recycling Fees Make It Economically Feasible For Mills to Process Alternate Feeds -- Now Impossible For Conventional Ores.

    17. 17 Nuclear Regulatory Commission (NRC) Contd NRC Authority to Regulate Tailings And Wastes Generated Prior to 1978 -- i.e., Pre-1978 Byproduct Material: 9 NRC Has Flip-Flopped Position On Jurisdiction Over Pre-1978 Byproduct Material; NRC Previously Asserted Such Material Was Subject to Regulation As 11e.(2) Byproduct Material, and NRC Authorized Disposal in 11e.(2) Facilities. More Recently, NRC Has Allowed Pre-1978 Byproduct Material To Be Disposed of in RCRA Facilities, Asserting That the Material Is Not Subject to AEA Regulation as 11e.(2) Byproduct Material.

    18. 18 Nuclear Regulatory Commission (NRC) Contd As a Result of its Flip-Flops, NRC Has Created a Commingled Waste Problem; 11e.(2) Byproduct Material Has Been Commingled With Non-11e.(2) Wastes: Problems With Dual Jurisdiction; Questions Regarding DOEs Willingness to Take Custody Following Site Closure; Contrary to NRCs Non-11e.(2) Disposal Policy.10

    19. 19 Nuclear Regulatory Commission (NRC) Contd This Issue Has Raised the Profile of Risk-Informed Regulation in Congress (i.e., Wastes Posing Similar Risks Should Be Treated in a Similar Fashion). 11 To Do So Would Require Major Changes in the Current Rules Because AEA and RCRA are Definitionally Based (e.g. NORM mine waste can be virtually identical to 11e.(2) waste, yet is definitionally different; Same for Listed Versus Characteristic Hazardous Waste.)

    20. 20 Nuclear Regulatory Commission (NRC) Contd 2. Alternate Concentration Limits (ACLs) Under NRCs Regulations Hazardous Constituents in Groundwater From Tailings Disposal Sites Must Fall Within Specified Limits at a Designated Point of Compliance (POC).12 The Standard Limits That Must be Achieved are Maximum Contaminant Levels ("MCLs"), Background, Whichever Is Higher;

    21. 21 Nuclear Regulatory Commission (NRC) Contd Or, the Regulations Allow the Licensee to Propose ACLs for One or More Relevant Constituents; ACLs Must Adequately Protect Human Health and Environment at the Point of Exposure (POE), Defined as the Location(s) at Which Humans/Wildlife Reasonably Likely To Be Exposed.

    22. 22 Nuclear Regulatory Commission (NRC) Contd 3. Alternatives Alternatives to NRC Requirements for Disposal of 11e.(2) Byproduct Materials. A licensee may propose alternatives to specific requirements [which]may take into account local or regional conditions. 13 These alternatives will be satisfactory if such alternatives: will achieve a level of stabilization and containment of the sites concerned and; a level of protection for public health, safety, and the environment from [the site]; which is equivalent to, to the extent practicable, or more stringent that the level which would be achieved by standards and requirements adopted and enforced by the Commission or EPA for the same purpose.

    23. 23 Nuclear Regulatory Commission (NRC) Contd 4. Supplemental Standards: EPAs Regulations at 40 C.F.R. Part 19214 Establish Groundwater Concentration Limits for Various Contaminants at Inactive (Title I) Uranium Mill Sites; These Standards Allow for Natural Flushing and Institutional Controls If Active Remediation Is Not Appropriate.

    24. 24 Nuclear Regulatory Commission (NRC) Contd When Restoration Of Groundwater To The Limits Established In The Regulations Is Technically Impracticable, or When the Groundwater Cannot Be Used For Drinking Because Of Background Conditions, Supplemental Standards May Be Applied; or

    25. 25 Nuclear Regulatory Commission (NRC) Contd If Achieving The Standards Set Out In The Regulations Would Result in More Harm Than Good. Supplemental Standards Must: Assure Protection of Human Health And the Environment; Preserve Current And Projected Groundwater Uses. Supplemental Standards as an Alternative at a Title II Site.15

    26. 26 Nuclear Regulatory Commission (NRC) Contd B. Low Level Radioactive Waste 1. NRC Decommissioning & Decontamination Rules. 1988 NRC Regulations Defined Decommissioning to Mean to remove nuclear facilities safely from service and to reduce residual radioactivity to a level that permits unrestricted use and termination of the license. 16

    27. 27 Nuclear Regulatory Commission (NRC) Contd 1993-1994 Concerns About the Pace and Quality of facility decommissioning and decontamination (D&D) efforts involving NRC, EPA, DOE, DOD and states led to generic regulatory inquiries to determine: Who must pursue D&D; To what level and by what means; When D&D should or must take place; How much waste will be generated by D&D; and, What are the conditions for control or disposal of such waste.

    28. 28 Nuclear Regulatory Commission (NRC) Contd 1994 - NRCs Timeliness in Decommissioning rule issued requiring licensed facilities (or portions thereof) that have not been used for licensed activities for 24 months must begin the D&D process or seek a waiver. 17

    29. 29 Nuclear Regulatory Commission (NRC) Contd 1994 - NRC proposes Radiological Criteria For License Termination 18 Risk limit (15 mrem/y) Plus ALARA (which=s 3 mrem/y); Risk goal (e.g. Like an MCLG); Best efforts (e.g. BACT); Return to background; Possible separate groundwater standard.

    30. 30 Nuclear Regulatory Commission (NRC) Contd 1997 NRC issues final D&D regulations19 25 mrem/y for all pathways risk limit for 1,000 years plus ALARA for unrestricted use; A tiered system allowing sites to be released for restricted use under certain conditions (e.g.. durable institutional controls (ICs) that can reasonably be expected to be effective into the foreseeable future; financial assurance; a 100mrem/y fail safe cap if ICs fail;

    31. 31 Nuclear Regulatory Commission (NRC) Contd Costs (including environmental impacts) of unrestricted use of would be unreasonable; and, Must Consult with potentially affected and/or interested members of the community.

    32. 32 Nuclear Regulatory Commission (NRC) Contd Alternative criteria for license termination other than in compliance with the 25 mrem/y limit (i.e. reasonable assurance that dose to members of the critical group will not exceed 100 mrem/y based on comprehensive risk analysis; ICs to restrict site use, ALARA, detailed public involvement). An exception for up to 500 mrem/y in unusual site specific circumstances if approved by the Commission and verification of ICs every five years.20

    33. 33 Nuclear Regulatory Commission (NRC) Contd Restricted Use and ICs NRC D&D regulations21 - Stringent ICs, such as legally enforceable deed restrictions and/or engineering controls backed by government ownership should be established with the objective of lasting 1,000 years. ICs and controls or barriers that restrict access to the site to limit potential exposure (e.g. industrial versus residential use or industrial versus domestic groundwater use).

    34. 34 Nuclear Regulatory Commission (NRC) Contd NUREG 1727 (September, 2000) Chapter 16.0 NMSS Decommissioning Standard Review Plan sets forth restricted use criteria and durable ICs (e.g., legal opinion regarding enforceability of IC under particular state law). 22

    35. 35 Nuclear Regulatory Commission (NRC) Contd Institutional Controls: A Site Managers Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Changes (September 29, 2000); 23 Non-engineered instruments such as administrative and/or legal controls that minimize the potential for human exposure from contamination by limiting land or resource use;

    36. 36 Nuclear Regulatory Commission (NRC) Contd Even in the unusual case where a CERCLA Record of Decision (ROD) only requires implementation of ICs, it is considered to be a limited action, not a no action ROD; Informational devices (Deed Notations) are most likely to be used as a secondary layer to help insure the overall reliability of other ICs.

    37. 37 Nuclear Regulatory Commission (NRC) Contd Protecting Health and Safety with Institutional Controls, Larry Snapf, NR&E (Spring 2000). 24 Thus, it is important that the instrument creating the institutional control identify the party who will have the right to enforce the restrictions and be responsible for maintaining and repairing the controls.

    38. 38 Nuclear Regulatory Commission (NRC) Contd Responsibilities of the enforcer may include: Making periodic site inspections to ensure that prohibited activities are not taking place; Checking the integrity of caps, fencing and other barriers; Ensuring that site use has not extended into prohibited areas; and Inspecting drinking water wells to make sure that they are not being used.

    39. 39 2. Guidance Site Characterization and Cleanup Verification Multi Agency Radiation Survey & Site Investigation Manual (MARSSIM):25 Excellent discussion of issues, goals, policies and techniques; Problematic for demonstrating compliance with 25 mrem/y with naturally occurring radionuclides. Nuclear Regulatory Commission (NRC) Contd

    40. 40 Nuclear Regulatory Commission (NRC) Contd D&D Code: Alternative to RESRAD but is very conservative and impractical - i.e., One Nuclide and Only homogenous, surface contamination and no groundwater application.

    41. 41 C. Source Material (S/M) Reconsideration 2000 - NRC considers amending 10 CFR 40 requiring NRC approval for transfers of unimportant quantities (e.g. < 0.05%) of S/M from licenses to exempt persons.26 Section 40.13(a) exempts from licensing s/m w/less than 0.05% of U or Th or a combination thereof. Raised question of reducing the licensable level to less than 0.05%. Nuclear Regulatory Commission (NRC) Contd

    42. 42 Nuclear Regulatory Commission (NRC) Contd

More Related