[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]



-----------------------------------------------------------------------

[[Page 49296]]



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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    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 

[[Page 49297]]
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