October 5i --1981 -- - ------ SECY-81-576

For:

From:

Subject:

Purpose:

Discussion:

The Commissioners

William J. Dircks

Executive Director for Operations

DISPOSAL OR ONSITE STORAGE OF RESIDUAL THORIUM OR

URANIUM (EITHER AS NATURAL ORES OR WITHOUT DAUGHTERS

PRESENT) FROM PAST OPERATIONS

To inform the Commission of the adoption of a Branch

Technical Position for application by the Uranium

Fuel Licensing Branch.

Some of the sites formerly used for processing thorium

and uranium are known today to be contaminated with

residual radioactive materials. In many cases, the

total amount of contaminated soil is large, but the

activity concentrations of radioactive materials

present are sufficiently low as to justify their

disposal on privately owned lands or storage onsite

rather than transport them offsite to a licensed

radioactive materials disposal (commercial) site.

In many instances, packaging and transporting these

wastes to a licensed disposal site would be too costly

and not Justified from the standpoints of risk to the

public health or cost-benefit. Furthermore, because

of the high volume of these wastes, limited commercial

waste disposal capacity, and restrictions placed on

receipt of long-lived wastes at commercial sites, it is e__t . . _ w . .h., -- it,e

nor resetly f adiMblt odispose f these wastes at

commercial low-level waste disposal sites.

Effective January 28, 1981, NRC regulations in

10 CFR 20 "Standards for Protection Against Radiation"

were amended (45 FR 71761-71762) to delete Section 20.304

which provided general authority for disposal of radioactive

material by burial in soil. Under the amended regulations

licensees must apply for and obtain specific NRC approval to

dispose of radioactive materials in this manner under the

provisions of 10 CFR 20.302.

CONTACT:

R.G. Page, NMSS

42-74309
The Commissioners - 2 -

Guidelines for-disposal-or-storage-of-low-ac-ti v--ty -- ----- concentrations-of-thorium-and-uranium-or-uranium o-re ---------- bearing-wastes-on-privately-oweti-lands are nieded to

deal with the contaminated site cases which are presently

pending.(Enclosure 1). To this end, the staff has

identified five acceptable options for disposal (under

the provisions of 10 CFR 20.302) or onsite storage which

the staff intends to apply in processing applications.

A summary discussion of these is provided in Enclosure 2.

An expanded discussion is contained in Enclosure 4.

Enclosure 3 discusses the technical bases for the

derived concentration limits for each of the four

disposal options. The approach used in establishing

the concentration limits is consistent with that used

in developing the proposed new Part 61 concerning

licensing requirements for land disposal of radioactive

wastes. That proposed rule is based on two assumptions

that a burial site may some day be intruded; and that

buried radioactive materials will not likely present a

danger to the public health and safety even if intruded.

In the case of uranium ore residues with daughters

present, there will be limited radon emanations; however,

with the burial depths required, resultant surface fluxes

will be near background levels. Accordingly, the burial

of radioactive materials covered by the Branch Technical

Position does not present a danger to health and safety.-

We believe that the options for disposal or storage of

thorium or uranium are fully consistent with disposal

standards recommended by EPA. We informally discussed

the options with EPA staff members and made some changes

to accomnmodate their suggestions.

Before approving an application to dispose of thorium or

uranium under options, 2, 3, or 4, we will solicit the

views of appropriate State health officials on a case-bycase basis. In this connection, we sent the States a copy

of the proposed Branch Technical Position. Two States

commented; neither of which were negative.
The Commissioners - 3 -

Enc-l-osure-4-i-s-a-Federal-Register-noti ce-which-we-pi an-to - _have-pub1i-shed-onr`th1s matter.

William J. Dircks

Executive Director

for Operations

Enclosures:

1. Contaminated Site Cases Presently Pending

2. Summary of Disposal and Storage Options

3. Calculation of Allowable Concentrations - for Four Disposal Options

4. Federal Register Notice

DISTRIBUTION

Commissioners

Commission Staff Offices

SECY
'-1

Federal Register I Vol. 46. No. 205 / Friday, October 23. 1981 1 Notices B2061

The Asssta rinds tha oo

use exists r not pubhing the

-pelement t the Puerto co Stat lan j as proposed ange and aking th

Reg nal Ad strator's aproval

effe *ve upon p lication f the

fol ong reasons

1. stands re identi to the

Fed eral tandards ich were

*ronu g ed In acco ance wi Federal

w mneeti requirem nts forpu lic

p clpati

The st dards we adopted

ac ance *th the pro dural

requ ment a State Law d furth

partic san uld be u cessary. The ecision iefective ctober 235

1981.\ \

(Sec.28 PuL . S4Stat. (29 US.C

667)) \

Signed at ewYork ty. RewY this

15~ dry ofJ lu1 8X.\\

Resi iiolFtdm L otor.

NUC REGU TORY

OMMI ION

A visory mmittee React

Sa uarc Subcomm o)1te 

Cal way Pa S LOcatio Change K> Th ACRS ^,bcoiniitte on\ Calia ay FJanlt li hold a cleting oz

Nove ber 4a ud.1991.at te

* HOLIDDY 1900 .70 Dive rNNiT 

Southwest. Cohn ia, MO ins ead of the

MitonIn \

* Notice ofthis wee ug was pu Ished

ln the Fed Regist on Octobe 19,

1 146 FR 1329). an all other Ites

it in the e excop for the loca on

* ha e asindicated e.

Datu Octo 19.1981.

John aCoyle\

Adviso Commi Mon ae t iOfficer.

i Do. raw d U4 am

* w u J w ?

Disposal or Onsite Storage of Thorium

or Uranium Wastes From Past

Operations

AGENCY: Nuclear Regulalciy

Commission (NRC).

ACTIONt Discussion of options for NRC

approval of applications for disposal or

onsite storage of thorium or uranium

wastes; interim use and public comment.

SUMMARY: This notice discusses five

options for NRC approval of disposal or

onsite storage or thorium or uranium

wastes from past nuclear operations. v. The options are contained in a Branch

Technical Position for administration by the Uranium Fuel Licensing Branch.

Division of Fuel Cycle and Material

Safety. Office of Nuclear Material

Safety and Safeguards.

DATES: Comments on the options for

disposal or onsile storage of thorium or

uranium are encouraged. Such

comments will be considered in any

subsequent revision of the Branch

Technical Position. Comments are due

December 22.1981.

Note.-Comnents received after the

explrstibn date will be considered If It is

practical to do so, but assurance of

consideralion cannot be given except as to

comments fUied on or before that date.

FOR FURTHER INFORMATION CONTACT.

Ralph G. Page, Chief, Uranium Fuel

Licensing Branch. Division of Fuel Cycle and Material Safety. Office of Nuclear

Material Safety and Safeguards. Washinigon. D.C. 20555, telephone 301-

427-4&i.

SUP7?LEMENTARY IfORMATMOC

L Introduction'.

Some of the sites formerly used for

processing thorium and uranium are

known today to be contaminated with

mridual radioactive materialLs Some are

curently covered by NRC licenses'.

Others were once licen ed. but the

licenses to possess and use material

have expired in many cases, the total

amount of contaminated soil is large, but

the activity concentrations of

radioactive materials are believed

sufficiently low-to justify their disposal

on priviaely owned lands or storage onsite rather than their transport to a

licensed radioactive materials disposal (commercial) site. In many Instances'

packaging and transporting these wastes

to a licensed disposal site would be too

costly and not justified from the

standpoints of-risk to the public health

or cost-benefit. Furthermore. because of

the total volume of these wastes, limited

commercial waste disposal capacity.

and restrictions placed on receipt of

long-lived wastes at commercial sites, It

is not presently feasible to dispose of

these wastes at commercial low-level

waste disposal sites.

* Effective January 2&81981. NRC

regulations in 10 CFR 20. -Standards for

Protection Against Radiation", were

amended 145 FR 71781-71782) to delete

I 20.30N which provided general authority for disposal of radioactive

materials by burial In soil. Under the

amended regulations. licensees must

apply for and obtain specific NRC

approval to dispose of radioactive

materials In this manner under the

provisions of 10 CFR 2k= A case-bycase review was believed needed to

assure that burial of radioactive wastes

would not present an unreasonable

health hazard at some future date.

The deleted provisions of i 20.304

previously permitted burial of up to 100

millicuries of thorium or natural uranium

at any one time, with a yearly limitation.

of 12 burials for each type of material at

each site. The only disposal standards

specified were (1) burial at a minimum

depth of four feet. and (2) succeisive

'burials separated by at least six feet.

Thus a total of 1.2 curies of these

materials were permitted to be disposed

of each year by burial in a 12 foot by 18

foot or larger plot of ground. Under the amended regulations, It is

Incumbent on an applicant who wants

to bury radioactive wastes to

demonstrate that local land burial is

preferable to other disposal alternatives.

The evaluation of the application takes

into account the following information

Types and quantities of material to be

buried

Packaging of waste

Burial location

Characteristics of burial site

Depth of burial

Access restrictions to disposal site

Radiation safety procedures during

disposal operations

Recordkeeping

Local burial restrictions. If any

For applications Involving disposal of

soils contaminated with low level

concentrations of thorium and uranium

(other than concentrations notexceeding EPA cleanup standards the

imatters of principal importance are

Concentrations of thorium and uranium

(either in secular equilibriun with

their daughters or without daughters

present) Volume of contaminated soil

Costs for offsite and onsite disposal Availability of offsite burial space

Disposal site characteristics

Depth of burial and accessibility of

buried wastes

State and local government views

i IL Branch Technical Position

There are five acceptable options for

disposal or onuite storage of thorium

and uranium contaminated wastes.

Applications for disposal or storage will

be approved If the guidelines discussed

under any option are met. Applications for other methods of disposal may be

submitted and these will be evaluated

on their own merits.

i. 1. Disposal of acceptably low

'concentrations (which meet EPA

deanup standards) of natural thorium

with daughters in secular equilibrium. depleted or enriched uranium and
- -

.I . .

1 .3

52062 Federal Register / Vol. 46. No. 205 / Friday. October 23, 198 / Notices

cranium ores with daughters in secular

equilibrium with no restriction on burial

method.

-Under this option. the concentrations

of natural thorium and depleted or

enriched uranium wastes are set

sufficiently low that no member of the

public is expected to receive a radiation

dose commitment from the disposed

materials in excess of I millirad per year

to the lung or 3 mlllirads per year to the

bone from inhalation and ingestion. under any foreseeable use of the

material or property. These radiation

dose guidelines were recommened by the Environmental Protection Agency

(EPA) for protection against transuranlum elements present in the

environment as a result of unplanned

contamination (42 FR 80956-8959) In

addition. the concentrations are

sufficiently low so that no individual

may receive an external dose in excess

of 10 microroentgens per hour above

background. Thais compatible with

sgidelines EPA proposed as cleanup standards for inactive uranium

processing sites (48 FR 2556-2583).

For natural uranium ores having daughters in equilibrium, the

concentration limit is equal to that set

by the EPA (48 FR 2558-2583) for

radium-226 (Le. 5 pCi/gm. including

background) and its decay products. Q) JThe concentrations specified below

are believed appropriate to apply. It is

expected, however, that currently lcensed operations will be conducted in

such a manner as to minimize the

possibility of soil contamination and

when such occurs the contamination

will be reduced to levels as low as

reasonably achievable.

and natural uranium ore wastes

containing daughters not at secular

equilibrium can be calculated on a caseby-case basis using the applicable isotopic activities data.

/ 2 Disposal of certain low

'concentrataons of natural thorium with

daughters in secular equilibrium and

depleted or enriched uranium with no

daughters present when buried under

prescribed conditions with no

subsequent land use restrictions and no

continuing NRC licensing of the

material.

Under this option the concentrations

of natural thorium. and uranium are set

sufficiently low so that no member of

the public will rceive a radiation dose

exceeding those discussed under option

2 when the wastes are buried in an

approved manner absent intrusion into

the burial grounds. This option will

require establishing prescribed conditions for disposal in the licenae.

such as depth and distribution of

material, to minimize the likelihood of

intrusion. Burial will be permitted only If

It can be demonstrated that the buried

materials will be stabilized in place and

not be transported away from the site.

ciltt minimum, burial depth will be

aeast four feet below the surface. In

the event that there Is an intrusion into'

the burial ground. no member of the

public will likely receive a dose in

excess fo70, millirems to a critical

organ. An average.dose not exceeding 170 millirems to the whole body for all

members of a general population Is

recommended by international and

national radiation expert bodies to limit

population doses. With respect to

limiting doses to Individual body organs, the concentrations are sufficiently low

that no individual will receive a dose in

excess of 170 millirems to any organ from exposure to natural thorium.

depleted uranium or enriched uranium.

The average activity concentration of

radioactive material that may be buried

under this option in the case of natural

thorium (Th-232 plus Th-228) is 50 pCi/ gif all daughters are present and in

equilibrium: f c n

.( . Disposal of low concentrations of

natural uranium ores. with all daughters

in equilibrium when buried under

prescribed conditions in areas zoned for

industrial use and the recorded title

documents are amended to state that the

specified land contains buried

radioactive materials and are

conditioned in a manner acceptable

under state law to impose a covenant

running with the land that the specified

land may not be used for residential

building. There Is no continuing NRC

licensing of the material.)

Disposal will be approved If the burial

criteria outlined In option 2 (including

burial at a minimum of 4 feet) are met.

Depending upon local soil

characteristics, burials at depths greater

than 4 feet may be required. In order to

assure protection against radon =m.

releases (daughter in decay chain of

urniumn 238 and uranium 234) it is

necessary that the recorded title

documents be amended to state In the

permanent land records that no

.residential building should be permitted

over specified areas of land where

natural uranium ore residues (U-238

plus U-234) in concentrations exceeding

10 pCi/gm has been buried. Industrial

building is acceptable so long as the

concentration of buried material does

not exceed 40 pCi/gm of uranium (i.e.

Ra-22 shall not exceed 20 pCi/gm).

4, Disposal of land-use-limited

-concentrations of natural thoriun or

natural uranium with daughters in

secular equilibrium and depleted or

enriched uranium without daughters

present when buried under prescribed

conditions in areas zoned for industrial

use and the recorded tite documents are

amended to state that the land contains

buried radioactive material and are

conditioned in a manner acceptable

under state law to impose a covenant

running with land that the land (1) may

not be excavated below stated depths in

specified areas of land unless cleared by

appropriate health authorities, (2) may

not be used for residential or industrial

structures over specified areas where

radioactive materials In concentrations

higher than specified in options 2 and 3

are buried. and (3) may not be used for

agricultural purposes In the specified

areas. (Tbere is no continuing NRC

licensing of the disposal site.)

Under this option. conditions of burial

will be such that no member of the

public will receive radiation doses in

excess of those discussed under option I

absent intrusion into the burial ground.

Criteria for disposal under these

conditions is predicated upon the

assumption that Intentional intrusion is

less likely to occur If a warning is given

ow it MWW "cmei

An , ranaflcur ~ u * ~ f ~ - _ ' 2 n - ap I #

Encad m . ._ _ 30

- U OM WM - " .10.

The analysis upon which the Branch

Technical Position is based is available

for inspection at the Commission's

Public Document Room at 1717 H St.

NKW. Washington. D.C.

The concentrations specified under

11is.option may be compared with

naturally occurring thorium and uranium

ere concentrations of 13 pCi/gSm in

igneous rock and uranium

concentrations of 120 pCi/gm In Florida

) phosphate rock and 50-8 pCi/gm in

~2 Tennessee bituminous shale.

toncentration limits for natural thorium

lCf ibe; for depleted uranium it Is 100 pclIgm [I the uranium

Is soluble and 300 pCi/gm if insoluble.

Natural uranium ores containing radium

226 and its daughters are not included

under this option, because of possible radon 22 emanations and resultant

higher than acceptable exposure of

Individuals in private residences If

houses were built over buried materials.

I
I.

Federal Register / Vol. 46. No. 205 / Friday. October 23. 1981 / Notices 52063

in land documents of record not to

excavate below burial depths In

specified areas of land without

\ clearance by health authorities: hot to

construct residential or Industrial

building on the site: and not to use

specified areas of land for agricultural

purposes. Because of this, we believe It

appropriate to apply a maximum critical

organ exposure limit of 500 millirems per

year to thorium and uranium buried

under this restriction instead of 170

millirems as used in options 2 and 3. In

addition, any exposure to such materials

is likely to be more transient than

assumed (essentially continual

exposure) under those options. These

two factors combine to increase the

activity concentration limits calculated

under option 2 by about 10. Thus. the

average concentration that may be

buriedunder this option for thorium

(-232 plus T-2Z8) Is 5W pCi/gm Ifall

daughters are present and in

equilibrium: for enriched uranium it is

1000 pCi/gm if the uranium is soluble

and 2500 pCI/gm If insoluble: and for

depleted uraniuml it is 2000 pCi/gin if the

uranium is soluble and 3000 pCi/gm if.

insoluble.

With respect to natural uranium with

daughters present and in equilibrium

the concentration that maybe buried

under this option Is 200 pCi/gm of U-Z38 J plus U-234. Le.. 200 pCi/gm Ra-226. This

concentration is based on a limited

exposure of 2.4 hours per day to limit the

radon dose to less than 05 working level

month (WLM) which is equivalent to

continuous exposure to 0.02 working

level (WL). Depending upon local soil

characteristics, burials at depths greater

than 4 feet may be required.

SUMMaASY OF MAauuuM CoONCENTMUoS

RE1mrrmo UNDER DSPOSAL OPnoNS

it 2#$

* CsflX Fluee CA Inww+_ _wI _, _

- hm *woo pr4u gs n eMA~xwm10 to _ gm

w. debghE s wd pa m . 03OVAO -1 40 Do0

a5 o _ Aeo

i-. X20 =W 2JO

* a~d an EPAC Hewm safr O~rcowm on Emw -g'& moe so17

0.v8v A& - ca o"* VMW o"to

UA2 woIg " -orm

5. Siorage of licensed concentrations

V . ofl thorium and uranium onsite pending

the availability of an appropriate OFFICE 0 THE UN STA

disposal site. TRADE R ESENTA E

When concentrations exceed those

specified in option 4. long term disposal etivtlOf a Complaint Priceother than at a licensed disposal site dercutting b Subsidiet Cheese

will not normally be a viable option im irts

under the provisions of 20 CFR 20.302. In October 2. . the Unitd States\

such cases, the thorium and uranium Trad Representa ye recetived letter\

may be permitted to be stored onsite from e Secretary Agricult

under an NRC license until a suitable info him of the cretary's ding

method of disposal is found. License that Imp ed Grade Swiss type conditions will require that radiation cheese prduced In F and has bee

doses not exceed those specified in 10 offered for ale in the ted States a

CFR Part 20 and be maintained as low uty-pald olesale pric s which are

as reasonably achievable, ye cents pe ound lesr an the

Before approving an application to d estic who sale markence of

dispose of thorium or uranium under Sa ar cheese duced in e United

options 2.3. or 4. NRC will solicit the th* Seto I(C)(

view of appropriate State healthofterdAge nsAto97

o£cdals within the State in which te (ofthe A ) (19 USC enot A o

disposal would be made. of the ted States sde

Dated at Siver Spring. Maryland this I9th Represe talive notifie Fiand W of e

day of Octobersl rice und tting deteintion e

RlchardLSettmy ofgri ul

Director.Di izonofFuel Cycle andcratmej requested t correctivectlon be

Sofuzy Office ofNuclearSoteiolSafety and en. and a ed for app priate

Saf c : : . *surances co verning the tments

Dwa NW w _1 gal mde in the gement ween the

MILL" coc-t . U ted States a Flnland Co cerng

t October 14. 981 Fiand otifed

the ted States ade Represetive CE OF SONNEL \ , thatin asures have een taken to

\ enAsAGEM enure at the duty aiad wbolesal

Deadli\e price of ported Gra A Swiss

Pos rnement Applicat Deadline cheese p duced in F nd will not b

for Fd-Ralsin Privileges ong less than e domestic olesale marliv

Fede Employn by Prtvat prce of a' ar cheese prduced in the

Votunta Organilons \ited Stat In addition and gave

Set 5.4 3 of t anulo d. surance th t It will rsete price tnminents the Aiig et Since ising thin the der rvi for th aboverot tion by d

luntary ealth an Welfare oc within e 15-day p 'od

a Incies" t Decem r 2 of each ear pro *ded In Secta n 702(c)(3J o e Act

as e deade by whi national the ted States rade Represebtative vol tary ag des must ubmit has n tified the Se taryofAgri ture

applileons I participa on In the of his lie that nou er acton

Comb ed Fed Campa (CFC) to require

be con ucted in e fall of efollo w B \

yea year eadline being Unite s .rehp entoive.

postpon from mber1.98. to \ piOt. DM iad 10--13 l

February .1982. June 1981 the US. COD $-M

ffice of onnel anagemr t 1OPM)

a ounced t the igibility tleria for

p cipalio ithel 2 I reCU ES DECA E

b ricy d. The al3ne da Is MMISSION

'be postpo to av d nationa

o tary ag 'es hay to revis their IRn No. ; 70501

appliS ions to ect elig ility crite a

which Iy be anged. \ Auka s Power LUght Co4 posed z DiJD \ \I\ s and Sate IFirstl Matge

Director.\ \ \\. E\

PR DOe. nsw I 1 gas l October 9.29\1\

3U.LNO 6 1U2 \ \ iArkanas Power & t Company