# Sept. 3 

# \-4prY) SHB: SubpartWand the Circumstances of Facilities and Sites Licensed UnderThe US Atomic Energy Act* *Remarks of Steven H Brown, CHP, SENES Consultants, 4 September2014; sbrown@senesusa.com; 303 961 0951 

### Historical Perspective- Origin of Need: Under current Subpart W requirements (and proposed revisions) EPA has assumed that to control public radiological risk, limits must be placed "atthe source" i.e., at location of the tailings cells or ponds. These limits are believed necessary to control the radon emission ("source term" including numerical limits on radon emission 

### I flux as in the current version) and/or limitations on the acreage ofcells and/or surface areas uncovered at any time (variations in both current and revision as proposed). Historically (30 +years ago), such emission controls at the source were necessary and a direct outgrowth ofthe Uranium Mill Tailings Radiation Control Act of 1978 (UNTRCA), particularly given the circumstances ofthe "UMTRA Title 1" sites. Many ofthese were "abandoned" and as a result, the public had direct and uncontrolled access to these tailings sites. It was reported atthat time "children ride their bikes on them". 

### CurrentCircumstances: However, at sites and facilities licensed underthe US Atomic Energy Act (AEA- under either USNRC orAgreement State regulations), the monitoring and control of public radiation exposure, dose and related radiological risk must occur at the closest location of public assess to the licensed material, i.e., the boundary of restricted 

### I unrestricted areas. Quantitative limits are articulated in 10 CFR 20 and its Appendix B (and equivalent sections ofAgreement State regulations). Examples ofspecific requirements and limits are provided in the reference section. 

### Premise: Accordingly, it is suggested that application ofSubpart W to uranium mill tailings and other uranium recovery facilities licensed under the US Atomic Energy act is "dual and duplicative" Federal regulation that does not appearto provide any additional radiological risk reduction for the public. 

### Argument The radiological doses and/or risks to the public at the site boundary from licensed radioactive material contained within the site are functions ofseveral important parameters including meteorology, distance, time and conditions ofexposure as well as the emission rate ("sourceterm") itself. However, unlike "legacy abandoned" uranium tailings sites ofthe past (e.g. UMTRATitle I sites), the public has no access to the exposure conditions atthe source within the restricted area boundary ofa licensed site.The dose I risk only needs to be monitored and controlled at locations to which the public has access. The traditional parameters of concern in Subpart W regards to public radiological risk , i.e . radon emission rate (flux), maximum permitted acreage and total acreage exposed at any given time, is not directly related to the public exposure conditions at some distance away at controlled and monitored license boundary

locations . Co n clus io n: Existing Federal regulations (both those of NRC and EPA) establish controls and limits for the "maximally exposed member of the public" (e.g., 10 CFR 20,1301 -see below). Accordingly, application of Subpart W to uranium recovery related sites and facilities licensed 1 under the US AEA is redundant and not necessary. 1 For source and/or byproduct mater i al as defined in the AEA References -Applicab l e F ederal Reg u latory Requirements: Examples of existing applicable US NRC regulatory requirements 2 to which licensees must comply include the following: 2 Equivalency in the regulations of Agreement States of Utah, Texas , Colorado USNRC: 10 CFR 20, Standard for Protection Against Radiation. Para 20.1301 - Dose Limits for Individua l Members of the Public: Limits annual exposure to the maximally exposed member of the public to a Total Effective Dose Equivalent of 1 00 millirem per year above natural background 3 (includes

radon). USNRC: 10 CRR 20, Appendix B, Table 2, Column 1: Concentrations in Air (at the boundary of the restricted /licensed area) applicable to the assessment and control of dose to the public. These concentration limits in units of microcuries per milliliter (uCi/ml) are radionuclide specific and represent the average annual concentrat i ons at

which, if an individual were exposed continuously to this concentration for a year, would receive a total effective dose equivalent of 50 millirem 3 . Additionally, existing EPA regulations already limit public dose I radiological risk from licensed facilities, including regulatory limits specific to uranium and/or thorium tailings impoundments, e.g.: 40CFR 190, Environmental Radiation Protection Standards for Nuclear Power Operations .Limits annual radiation doses received by members ofthe public as the result of operations ofthe nuclearfuel cycle (includes "operations of milling of uranium ores") to 25 millirems to the whole body, 75 millirems to the thyroid , and 25 millirems to any other organ. (However, excludes radon) 3 40CFR 192, Health andEnvironmental Protection Standards for Uranium and Thorium Mill Tailings; Subpart D: Standards forManagement ofUranium Byproduct Materials. Limits radon emissions from uranium byproduct material4 at licensed sites to 20 picocuries per square meter per second (pCi/m2 -sec.). Provides additional requirements for public protection during both tailings operations and closu re phases. 3 Note that average "background" in the US is about 300 millirem I yr. with an average of over 400 millirem/ yr. in Colorado
. Therefore, these Federal public exposure limits are typically less than the variability of background across the US
. Accordingly, where one chooses to live has a greater impact on public radiological dose and risk than these limits. (US Environmental Protection Agency. Assessment of Variations in Radiation Exposure in the United States
. 2006; National Council on Radiation Protection and Measurements. Ionizing Radiation Exposure of the Population ofthe U nited States. NCRP Report No
. 160
. 2009.)

4 Byproduct material as defined by the AEAwould include conventional tailings, solution ponds from ISRs, etc
.)