U.S. Environmental Protection Agency
Office of Solid Waste
Mixed Waste Training Course
1989/1990
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MIXED WASTE TRAINING COURSE
Presented by:
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TABLE OF CONTENTS
Slide No.
Mixed Waste Training Course - Introduction 1
I. Overview of Mixed Waste Regulation 4
Definition of Mixed Waste 6
History of Mixed Waste Regulation 11
Role of EPA and EPA Authorized States 16
EPA's Office of Radiation Programs and ORP Standards 20
Role of the Nuclear Regulatory Commission and NRC Agreement States 23
NRC Regulations 27
Role of the Department of Energy 33
DOE Orders 36
Implementing the Dual Framework 43
II. Introduction to Basic Radiation Concepts 47
The Atom 49
Modes of Radioactive Decay 61
Units of Quantity, Dose, and Exposure 77
Biological Effects of Radiation 83
III. Potential Mixed Waste Universe 86
The Universe 88
Types of Mixed Waste Streams and Management 97
IV. Health Physics and Inspections 114
ALARA 116
Equipment, Instruments, and Decontamination 127
Inspections 135
Preparing for the Inspection 142
On-Site Activities 147
Access, National Security, and Clearances 158
V. Permitting Mixed Waste Facilities 164
Permit Procedures 167
Technical Process Requirements:
Tanks and Container Storage 173
Incineration 178
Disposal 185
Miscellaneous Units 297
Other Regulatory Requirements 200
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MIXED WASTE TRAINING COURSE
Slide No. 1
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MIXED WASTE TRAINING COURSE - OBJECTIVES
• Familiarize EPA permit writers and inspectors with mixed waste issues
• Demonstrate that dual regulation is workable
• Emphasize that dealing with mixed waste sometimes calls for a departure
from "business as usual"
Slide No. 2
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MIXED WASTE TRAINING COURSE - TOPICS
I. Overview of Mixed Waste Regulation
II. Introduction to Basic Radiation Concepts
III. Potential Mixed Waste Universe
IV. Inspections, Health Physics, and On-Site Activities
V. Permitting Mixed Waste Facilities
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Slide No. 3
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j OVERVIEW OF MIXED WASTE REGULATION
Slide No. 4
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OVERVIEW OF MIXED WASTE REGULATION - OBJECTIVES
• Define mixed waste and explain the regulatory history that lead to the current
status of mixed waste
• Provide an explanation of:
EPA's role in regulating the hazardous portion of mixed waste
NRC's role in regulating the radioactive portion of mixed waste generated
at commercial facilities
DOE's role in regulating the radioactive portion of mixed waste generated
at DOE facilities
• Discuss the complexity involved in integrating the various regulatory programs
Slide No. 5
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DEFINITION OF MIXED WASTE
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OVERVIEW OF MIXED WASTE REGULATION - DEFINITION OF MIXED WASTE
• RCRA mixed waste contains:
Hazardous component as defined by and regulated under RCRA
Radioactive component as defined by and regulated under the Atomic
Energy Act (AEA)
Slide No. 7
• Unless and until radioactivity becomes a hazardous waste characteristic, or
unless specific radioactive wastes are listed, RCRA cannot regulate the
radioactive component of mixed waste.
• Wastes containing a non-RCRA hazardous chemical component are not
addressed in this training, nor are RCRA hazardous wastes containing a non-
AEA radioactive component (e.g., Naturally Occurring or Accelerator Produced
Radioactive Material (NARM)).
• NARM is radioactive material, but it is not regulated under the AEA. NARM
waste could be regulated under RCRA because it was not excluded from RCRA
regulation as were other radioactive materials. However, currently NARM is not
regulated under RCRA.
• EPA is the only Federal agency with the authority to regulate NARM waste.
• States may regulate NARM waste under State-implemented regulations.
• Refer to Appendix A.
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OVERVIEW OF MIXED WASTE REGULATION - DEFINITION OF MIXED WASTE
• Source, special nuclear, and by-product materials are radioactive materials
regulated under the AEA
Source material includes uranium and thorium ores
Special nuclear material includes fresh uranium fuel in a reactor and
plutonium
By-product material includes industrial and medical radionuclides, and
uranium and thorium mill tailings
Slide No. 8
• Source material is defined as uranium, thorium, or any other material that is
determined pursuant to provisions of the AEA to be source material, as well as
ores containing one or more of these materials in such concentration as may be
determined.
• Special nuclear material is defined as (1) plutonium, uranium enriched in the
isotope 233 or in the isotope 235, and any other material that is determined
pursuant to the AEA to be special nuclear material but which does not include
source material; or (2) any material that is artificially enriched by any of the
above, but which does not include source material.
• By-product material is defined as (1) any radioactive material (except special
nuclear material) yielded in, or made radioactive by exposure to, the radiation
incident to the process of producing or utilizing special nuclear material; and (2)
the tailings or wastes produced by the extraction or concentration of uranium or
thorium from any ore processed primarily for its source material content.
• RCRA excludes from regulation source, special nuclear, and by-proL-scl material;
these constituents are regulated under the AEA. However, when source, special
nuclear, or by-product wastes also contain hazardous wastes, the "mixed waste"
becomes subject to RCRA as well as the AEA.
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OVERVIEW OF MIXED WASTE REGULATION - DEFINITION OF MIXED WASTE
• Subclasses of radioactive waste containing AEA materials:
Transuranic waste
High-level radioactive waste
Spent nuclear fuel
Low-level radioactive waste
Mill tailings waste
Slide No. 9
• Subclasses of radioactive waste containing AEA materials do not alter RCRA's
authority over the hazardous component of mixed waste.
• Transuranic waste is waste that is contaminated with alpha-emitting transuranic
radionuclides with half-lives greater than 20 years and concentrations greater
than 100 nCi/g at the time of assay, without regard to source or form.
• High-level radioactive waste is the highly radioactive material resulting from the
reprocessing of spent nuclear fuel, including liquid waste produced directly in
reprocessing and any solid material derived from such liquid that contains fission
products in sufficient concentrations.
• Spent nuclear fuel is fuel that has been withdrawn from a nuclear reactor
following irradiation, the constituent elements of which have not been separated
by reprocessing.
• Low-level radioactive waste is radioactive material that is not transuranic waste,
high-level radioactive waste, spent nuclear fuel, or 11 (e)2 by-product material
(uranium or thorium mill tailings).
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OVERVIEW OF MIXED WASTE REGULATION - DEFINITION OF MIXED WASTE
• Because of safety and technical reasons, it is usually not feasible to
"physically" separate mixed waste into two components
• The different risks posed by each component must be addressed in a single
waste management solution
Slide No. 10
The design of facilities, drafting of operating requirements for permits or
licenses, and the development of cleanup solutions must be done in a manner
that adequately addresses the different risks posed by each component.
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HISTORY OF MIXED WASTE REGULATION
Slide No. 11
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OVERVIEW OF MIXED WASTE REGULATION - HISTORY
• Congress intentionally created a framework of dual regulation
• Consequently, EPA and NRC/DOE (or approved States) jointly regulate the
same waste
• Much of the waste that is now regulated as mixed waste was previously
regulated as radioactive waste under the AEA and is entering the RCRA
regulatory program for the first time
Slide No. 12
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OVERVIEW OF MIXED WASTE REGULATION - HISTORY
Atomic Energy Act
• AEA provides authority to govern the possession and use of special nuclear
material, source material, and by-product material
Nuclear Regulatory Commission (NRC) is primarily responsible for
exercising this authority over commercial facilities
Department of Energy (DOE) is primarily responsible for exercising this
authority over Government-owned and -operated facilities
Slide No. 13
NRC has authority over several Federal facilities, such as the National Institutes
of Health and the Bureau of Standards.
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OVERVIEW OF MIXED WASTE REGULATION - HISTORY
Federal Register clarifications establishing dual regulation:
• EPA Clarification of RCRA Applicability to Mixed Waste. July 3, 1986
• DOE Clarification of the Definition of Bv-Product Material. May 1, 1987
Slide No. 14
• EPA Clarification of RCRA Applicability to Mixed Waste. July 3, 1986 (51 FR
24504). The Notice provided EPA's legal interpretation of the source, special
nuclear and by-product exclusion and required States to obtain authorization for
mixed waste. (Refer to Appendix B)
• DOE Clarification of the Definition of Bv-Product Material. May 1, 1987 (52 FR
15937). For the purposes of determining the applicability of RCRA, "by-product
material refers to the actual radionuclides dispersed or suspended in any
radioactive waste substance (except special nuclear material) yielded in, or made
radioactive by exposure to, the radiation incident to the process of producing or
utilizing special nuclear material." This clarification applies only to 11(e)1 by-
product material. According to this clarification, only the actual radionuclides,
not the entire waste stream, are considered by-product material; and thus, RCRA
has authority to regulate the hazardous portion of the waste stream. (Refer to
Appendix C)
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OVERVIEW OF MIXED WASTE REGULATION - HISTORY
• Hazardous waste treatment, storage, and disposal facilities (TSDFs) must
obtain a RCRA permit; however, TSDFs may operate under interim status until
a permit is issued
• EPA extended the interim status qualification deadline for facilities handling
mixed waste
• Extension ensures that newly regulated mixed waste facilities can legally
operate under RCRA
Slide No. 15
Clarification of Interim Status Qualification Requirements for the Hazardous
Components of Radioactive Mixed Waste, September 23, 1988 (53 FR 37045).
(Refer to Appendix D)
In unauthorized States, the deadline for facilities handling mixed waste was
extended to March 23, 1989, which is six months after EPA issued the extension
notice. (Refer to Appendix E)
In authorized States, the deadline will be established by the State, but generally
it will be six months after the effective date of the State's authorization for mixed
waste.
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ROLE OF EPA
AND EPA AUTHORIZED STATES
Slide No. 16
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OVERVIEW OF MIXED WASTE REGULATION - ROLE OF EPA AND EPA
AUTHORIZED STATES
Office of Solid Waste (OSW)
• Authorized by RCRA
Regulates the handling of listed and characteristic hazardous waste
Primary implementation by the States through authorization
After a State has been authorized, EPA can enforce the State's
regulations
• Source, special nuclear, and by-product material are exempt from RCRA
Slide No. 17
• RCRA authorized the establishment of OSW for the implementation of the
hazardous waste program. The Office of Waste Programs Enforcement (OWPE)
enforces RCRA.
• The RCRA program was designed to allow the States to take over
implementation of all aspects of the program. States become authorized to
implement the RCRA program by developing a program that is equivalent to (or
more stringent than) EPA's RCRA program. Until a State receives base-
authorization, the RCRA program is administered by EPA. The States must
incorporate more stringent amendments or changes to the RCRA program into
their own programs. Once a State has been authorized, it becomes the primary
implementor of those aspects of the program for which it is authorized.
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OVERVIEW OF MIXED WASTE REGULATION - ROLE OF EPA AND EPA
AUTHORIZED STATES
• Authorized States must revise their programs to include mixed waste
• Agencies other than the hazardous waste agency may be involved in mixed
waste regulation
• States may use a Memorandum of Understanding (MOU) to define the roles
of State agencies in regulating hazardous and radioactive wastes
Slide No. 18
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EPA AUTHORIZED STATES
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UNAUTHORIZED
Slide No. 19
• In States authorized only for base-RCRA, mixed waste is not regulated under
RCRA, but may be regulated by the State through independent authority.
Thirty-four States and Territories have base-RCRA authorization, but have
not yet received mixed waste authorization.
• In States authorized for mixed waste, mixed waste is regulated under RCRA,
administered by the States.
To date, eleven States and Territories (Colorado, Georgia, Guam, Kentucky,
Michigan, Minnesota, Ohio, South Carolina, Tennessee, Utah, and
Washington) have been authorized to regulate mixed waste.
• In unauthorized States, mixed waste is regulated under RCRA, administered by
EPA.
- Eleven States and Territories have not received base-RCRA authorization.
• Refer to Appendix F.
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EPA'S OFFICE OF RADIATION PROGRAMS
AND ORP STANDARDS
Slide No. 20
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OVERVIEW OF MIXED WASTE REGULATION - ORP STANDARDS
Office of Radiation Programs (ORP)
• Authorized by AEA
- Establishes Federal radiation guidance and standards
-- Advises Federal agencies on radiation standards
- Assesses new technologies in the area of radiation
-- Monitors radiation in the environment
Slide No. 21
• EPA also intends to regulate certain kinds of NARM waste in connection with a
low-level waste standard that will be proposed by ORP. Section 6 of TSCA
authorizes EPA to prohibit or regulate the disposal of chemical substances or
mixtures.
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OVERVIEW OF MIXED WASTE REGULATION - ORP STANDARDS
• ORP Spent Nuclear Fuel, High-Level, and Transuranic Waste Standards
(40 CFR Part 191):
Operations Standard
Disposal Standard
• ORP Low-Level Standards to be proposed (40 CFR Part 193):
Low-Level Waste Pre-Disposal Exposure Limit
Post-Disposal Exposure Limit
Ground-Water Protection Criteria
Below Regulatory Concern (BRC) Criteria
Implementation Guidelines
Slide No. 22
• The standards developed by ORP will be implemented by NRC and DOE through
incorporation into their regulations and orders and will provide a minimum level
of protection from radiological hazards for human health and the environment.
• Mixed waste that qualifies as below regulatory concern for the radiological
hazard is still a mixed waste but may be managed as RCRA hazardous waste.
• ORP is revising high-level waste disposal standards following their remand by a
Federal Court (40 CFR Part 191). The high-level waste disposal standards are
expected to be proposed in early 1990.
• ORP is also planning to propose a generally applicable NARM waste disposal
standard in the near future (40 CFR 764).
• Detailed information on the existing and proposed standards is provided in the
supplementary material. (Refer to Appendix G)
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ROLE OF THE NUCLEAR REGULATORY
COMMISSION AND
NRC AGREEMENT STATES
Slide No. 23
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OVERVIEW OF MIXED WASTE REGULATION - ROLE OF NRC AND NRC
AGREEMENT STATES
• Authorized by AEA
Regulates the possession and use of source, special nuclear, and by-
product material
Regulates primarily commercial radioactive materials
NRC may make an Agreement to relinquish to the State the authority to
regulate certain materials and users
Once an Agreement is in place, NRC no longer exercises its jurisdiction
in those areas covered by the agreement
NRC may reassert its authority if necessary to protect public health and
safety
Slide No. 24
• NRC may make an Agreement to relinquish to the State the authority to regulate
source and by-product materials and the authority to regulate users of small
quantities of special nuclear material.
• NRC will always retain jurisdiction over some Federal agencies (but generally not
DOE), production and utilization facilities (e.g., reactors), exports and imports,
consumer products, special nuclear material in quantities exceeding a critical
mass, offshore waters, and certain aspects of mill tailings.
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OVERVIEW OF MIXED WASTE REGULATION - ROLE OF NRC AND NRC
AGREEMENT STATES
• Scope of Agreements between NRC and States may vary
• Federal government is responsible for the disposal of high-level waste
• States are responsible for the disposal of commercial low-level waste
Slide No. 25
• The Nuclear Waste Policy Act of 1982. (Public Law 97-425) the Federal
Government, primarily NRC and DOE, took responsibility for regulating the
disposal of all highly radioactive waste, and the Low-Level Radioactive Waste Act
of 1980 (Public Law 96-573) directed each State to provide disposal capacity for
ail commercial low-level waste generated within its borders either individually or
through regional compacts. The Low-Level Radioactive Waste Policy
Amendments Act of 1985 (Public Law 99-240) provides further impetus to this
process.
• Unlike the hazardous portion of mixed waste regulated under RCRA, the
radioactive portion of mixed waste is regulated under AEA regardless of whether
a State has an Agreement with NRC.
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NRC AGREEMENT STATES
(NRC Regions Are Outlined)
EZZZ3 AGREEMENT INCLUDES REGULATION OF LOW-LEVEL WASTE
AGREEMENT DOES NOT INCLUDE REGULATION OF LOW-LEVEL WASTE
I I NO AGREEMENT
X COMMERCIAL LOW-LEVEL WASTE DISPOSAL FACIUT1ES
Slide No. 26
• NRC Agreement States (Agreement includes low-level waste disposal)
Regulated under AEA
Administered by State
• NRC Agreement States (Agreement does not include low-level waste disposal)
Regulated under AEA
Administered by NRC
• Non-Agreement States
Regulated under AEA
Administered by NRC
• NRC has formed agreements with 29 States. Of these agreement States all but
two, Utah and Iowa, have authority to regulate low-level waste disposal facilities.
• Several States are developing new facilities for the disposal of low-level waste;
some of these facilities will include disposal units for mixed low-level waste.
For mixed waste contacts refer to Appendices H and J.
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NRC REGULATIONS
Slide No. 27
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OVERVIEW OF MIXED WASTE REGULATION - NRC REGULATIONS
NRC licenses are issued for:
• Possession
• Use
• Receiving title
• Transfer
• Construction and operation of production and utilization facilities
• Disposal of waste
Slide No. 28
• Possession and use of radioactive materials are confined to the location and
purposes that are authorized in the license.
• NRC approved disposal methods
Licensed land disposal (10 CFR Part 61)
Licensed disposal by a method specifically approved by NRC (10 CFR
20.302 allows for on-site disposal of waste that is potentially higher than
BRC but would not have a major health and safety impact from disposal;
the dose objectives for this type of disposal would be well under those for
Part 61)
Disposal by release into sanitary sewerage system (10 CFR 20.303)
Disposal by incineration (10 CFR 20.305)
Disposal of specific wastes (10 CFR 20.306)
Scintillation fluids and animal carcasses containing less or equal to 0.05
microcuries per gram of H-3 or C-14 may be incinerated or disposed of
without regard to radioactivity. Materials disposed of in this manner
must still comply with all hazardous waste regulations.
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OVERVIEW OF MIXED WASTE REGULATION - NRC REGULATIONS
NRC licenses are issued for:
• Possession
• Use
• Receiving title
• Transfer
• Construction and operation of production and utilization facilities
• Disposal of waste
Slide No. 28 (continued)
Disposal emphasizes isolation of waste and long-term objectives. Site suitability
must take into account minimum characteristics and suggested features. The
design will minimize erosion and contact of water with waste, while operations
and waste form emphasize stability. In addition, the facility must demonstrate
commitment for a 100-year institutional control period.
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OVERVIEW OF MIXED WASTE REGULATION - NRC REGULATIONS
Performance Objectives for Land Disposal
• Protection of the general population from releases
• Protection of individuals from inadvertent intrusion
• Protection of individuals during operations
• Stability after site closure
• Maintain radiation exposures and releases of radioactive material "as low as
reasonably achievable" (ALARA)
Slide No. 29
• Concentrations of radioactive material released to the general environment shall
not exceed an annual dose equivalent of 25 mrem to the whole body, 75 mrem
to the thyroid and 25 mrem to any other organ of any member of the public.
Handlers should also maintain releases ALARA.
• Design, operation, and closure of the site must ensure protection of any
individual inadvertently intruding into the disposal facility after active institutional
controls over the facility have been removed.
• Except for off-site releases, operations at the disposal facility shall be conducted
in compliance with the standards for radiation protection set out in 10 CFR 20.
Disposal facilities should maintain exposures ALARA.
• The disposal facility shall be sited, designed, utilized, operated, and closed to
achieve long-term stability of the site and to eliminate, to the extent practicable,
the need for ongoing active maintenance of the site following closure.
• ALARA is not a statutory requirement; it is a policy statement that has been
incorporated into the NRC regulations. ALARA is applicable to all NRC
licensees.
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OVERVIEW OF MIXED WASTE REGULATION - NRC REGULATIONS
Classification of Waste
• NRC classifies waste sent to near-surface disposal
• Classification is based on the concentration of long-lived and short-lived
radionuclides
• Low-level radioactive waste is classified as either A, B, or C in increasing
order of radiological hazard
Slide No. 30
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OVERVIEW OF MIXED WASTE REGULATION - NRC REGULATIONS
Transportation
• Licensees transferring material are required to verify that the licensee
receiving the material is authorized for the type, form, and quantity
transferred
• A manifest must be prepared for each shipment of waste
• Waste receiver must acknowledge receipt within one week
• NRC licensees are also subject to DOT regulations
Slide No. 31
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OVERVIEW OF MIXED WASTE REGULATION - NRC REGULATIONS
Enforcement
• NRC conducts both announced and unannounced inspections
• Licensees must allow inspections
• An injunction or court order may be obtained to prohibit any violation
o Violations are punishable by fine, imprisonment, or both
Slide No. 32
• All licensees must allow inspection of materials, premises, facility, and records.
NRC conducts routine inspections at all facilities.
• NRC has the authority to obtain an injunction or court order to prohibit any
violation of the AEA or Title II of the Energy Reorganization Act of 1974. In
some cases a court order may be obtained to enforce payment of a civil penalty.
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ROLE OF THE DEPARTMENT OF ENERGY
Slide No. 33
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OVERVIEW OF MIXED WASTE REGULATION - ROLE OF DOE
• Authorized by AEA
Generally exempt from NRC regulations
Uses orders to carry out authority granted by the AEA
• Subject to EPA regulations
Slide No. 3
• DOE is authorized by the AEA and other Federal statutes to regulate radioactive
material operations at many government-owned facilities and at several inactive
sites that contain radioactive contamination. Non-DOE Federal facilities are
regulated by other agencies, such as NRC or EPA.
• DOE is exempt from NRC regulations except as specified in Section 202 of the
Energy Reorganization Act of 1974 (i.e., DOE facilities that accept commercial
high-level waste are licensed by NRC).
DOE develops "orders" to carry out the authority granted by the AEA. DOE
Orders are legally enforceable against contractors that operate DOE installations.
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DOE OPERATIONS OFFICES AND MAJOR SITES
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Slide No. 35
• Operations Offices are responsible for compliance at specific DOE sites.
• DOE maintains eight Operations Offices.
• DOE operates 17 major defense facilities.
• While DOE does not manage a large number of facilities they are a major player
in mixed waste regulation because of the large volume and the high-level of
radioactivity of the mixed waste that is generated. Regulating these facilities will
be a significant portion of EPA's effort to regulate mixed waste.
• For mixed waste contacts refer to Appendices I and J.
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DOE ORDERS
Slide No. 36
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OVERVIEW OF MIXED WASTE REGULATION - DOE ORDERS
• DOE operates under orders which regulate it internally; some of these orders
are internal policy for compliance with environmental requirements at DOE
facilities
• DOE orders apply to all DOE contractors and subcontractors
• Orders (in this section) provide requirements for the management of
transuranic, high-level, and low-level radioactive waste in accordance with
AEA
• Orders also require the hazardous portion of mixed waste to be managed
according to RCRA
Slide No. 37
• DOE operates under orders which regulate it internally. Several DOE orders are
included in the supplemental materials. (Refer to Appendix K)
• DOE must still comply with all RCRA regulations; compliance simply with orders
is not sufficient.
« The Nuclear Waste Policy Act of 1982. (Public Law 97-425) the Federal
Government, primarily NRC and DOE, took responsibility for regulating the
disposal of all highly radioactive waste, and the Low-Level Radioactive Waste Act
of 1980 (Public Law 96-573) directed each State to provide disposal capacity for
all commercial low-level waste generated within its borders either individually or
through regional compacts. The Low-Level Radioactive Waste Policy
Amendments Act of 1985 (Public Law 99-240) provides further impetus to this
process.
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OVERVIEW OF MIXED WASTE REGULATION - DOE ORDERS
General Requirements of Orders
• Minimize the generation of hazardous and radioactive wastes across program
office functions
• Maintain radiation exposures and releases of radioactive material "as low as
reasonably achievable" (ALARA)
• Limit exposure from all pathways to any member of the public from the land
disposal of low-level waste to 25 mrem/yr
Slide No. 38
• DOE must comply with the National Environmental Policy Act of 1969 for all
significant Federal actions.
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OVERVIEW OF MIXED WASTE REGULATION - DOE ORDERS
Transportation
• Generators and facilities receiving the waste are jointly responsible for
assuring compliance with waste acceptance criteria
• DOE facilities are subject to DOT regulations
• DOE facilities are also subject to RCRA manifest and transportation
requirements
• DOE is responsible for transportation of all waste to and from DOE facilities
Slide No. 39
Shipment of waste will be conducted according to the requirements established
by the Operations Office managing the receiving facility.
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OVERVIEW OF MIXED WASTE REGULATION - DOE ORDERS
Management of Transuranic Waste
disposal in DOE's Waste Isolation Pilot Project (WIPP)
is being regulated by both DOE and EPA
• Planned for
• This facility
Slide No. 40
• The WIPP facility, located southeast of Carlsbad, New Mexico, will be used to
demonstrate the safe and permanent disposal of DOE transuranic waste.
Transuranic mixed waste will account for approximately 60 percent of the waste
to be placed at the WIPP facility.
• DOE is currently applying for a RCRA land disposal restrictions no-migration
petition. A decision on the no-migration petition is expected in 1990.
• Examples of WIPP's dual regulations:
DOE may determine, with the concurrence of the EPA Administrator, that
transuranic waste not appropriate for disposal at the WIPP shall be
disposed of by alternative methods approved by DOE and EPA.
Mixed transuranic waste generated at DOE facilities shall be treated, where
possible and practical, to destroy the hazardous waste components.
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OVERVIEW OF MIXED WASTE REGULATION - DOE ORDERS
Management of High-Level Waste
• Under DOE Order 5820.2A, all high-level waste is considered radioactive
mixed waste unless demonstrated to the contrary
• DOE orders contain requirements pertaining to both the hazardous and
radioactive components of mixed high-level waste
Design and operating requirements
Waste characterization
Storage and transfer
Monitoring, surveillance, and leak detection
Contingency actions
Waste treatment and minimization
Slide No. 41
• DOE is required to accept all high-level waste and commercial spent fuel, and is
estimating the feasibility of constructing a deep geological repository in Nevada.
• DOE orders contain high-level waste requirements for design and operation;
waste characterization; storage and transfer; monitoring, surveillance, and leak
detection; contingency actions; and waste treatment and minimization.
• Waste characterization may reflect knowledge of the waste generating
processes, laboratory testing results, and/or the results of periodic sampling and
analysis.
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OVERVIEW OF MIXED WASTE REGULATION - DOE ORDERS
Management of Low-Level Waste
• Low-level mixed waste regulated jointly under RCRA and AEA
• Waste shall be disposed of on-site if possible or at another DOE disposal site
• Liquid wastes or wastes containing free liquid must be converted to a solid
form prior to disposal
Slide No. 42
• Disposal of liquid wastes or wastes containing free liquid is prohibited and must
be converted into a solid form. Any freestanding and noncorrosive liquid that
remains may not exceed 1 percent of the volume of the waste when the waste is
in a disposal container, or 0.5 percent of the volume of the waste when the
waste is processed to a stable form.
• Waste characterization information shall include:
Physical and chemical characteristics
Volume
Weight
Major radionuclides and their concentrations
Packaging date, weight, and external volume
• Waste characterization will permit proper segregation, treatment, storage, and
disposal, and includes information on the physical, chemical, and radionuclide
content.
• The concentration of the radionuclides may be determined by indirect methods
or according to certain criteria.
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IMPLEMENTING THE DUAL FRAMEWORK
Slide No. 43
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OVERVIEW OF MIXED WASTE REGULATION - IMPLEMENTING THE DUAL
FRAMEWORK
• Mixed waste must be handled according to regulations under RCRA and the
AEA
• Section 1006 of the RCRA statute provides that for inconsistencies
precedence should be given to AEA requirements
Slide No. 44
• An inconsistency occurs when compliance with one set of regulations would
cause non-compliance with the other. In addition, compliance with one set of
regulations does not necessarily mean the facility will be in full compliance with
both sets of regulations.
• To date EPA and NRC have not cited any inconsistencies between the two sets
of regulations regarding low-level waste disposal.
• Refer to Appendix L.
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OVERVIEW OF MIXED WASTE REGULATION - IMPLEMENTING THE DUAL
FRAMEWORK
• EPA and NRC have developed several joint guidance documents for the
regulation of mixed waste:
Definition of commercially generated low-level mixed waste
Siting of low-level mixed waste disposal facilities
Conceptual design of low-level mixed waste disposal units
• EPA and NRC are developing joint guidance documents for the regulation of
mixed waste:
Sampling and testing
Inspections
Slide No. 45
• A basic understanding of the various requirements is important for coordination
between the various regulators. Coordination and communication are necessary
for safe and effective regulation.
-------
• ORP under authority of the AEA sets generally applicable standards for
radioactive waste which are implemented by NRC and DOE.
• DOE under authority of the AEA regulates source, special nuclear, and by-
product material at DOE operated government facilities. DOE implements this
authority through eight Operations Offices.
• NRC under authority of the AEA regulates source, special nuclear, and by-
product material at commercial facilities. NRC partially implements this authority
through Agreement States.
• EPA's OSW under the authority of RCRA regulates RCRA hazardous waste.
(Source, special nuclear, and by-product material are exempt from RCRA.)
RCRA is implemented through authorized States.
• States may regulate RCRA hazardous waste through independent authority under
State laws. No definitive court ruling his been issued on State authority to
regulate AEA radioactive waste under independent laws.
• In summary, mixed waste regulation is complicated and involves many actors; no
one has sole authority over mixed waste.
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INTRODUCTION TO BASIC RADIATION
CONCEPTS
Slide No. 47
-------
BASIC RADIATION CONCEPTS - TOPICS
• The Atom
• Modes of Radioactive Decay
• Units of Radiation Quantity, Dose, and Exposure
• Biological Effects of Radiation
Slide No. 48
-------
THE ATOM
i
Slide No. 49
-------
• An atom is the smallest discrete unit of mass.
• The nucleus of an atom is a densely packed array of protons and neutrons.
• Electrons move around the nucleus in "paths" that govern the amount of energy
that the electrons have.
-------
BASIC RADIATION CONCEPTS - THE ATOM
Structure of the Atom
• The mass of an electron is roughly 1 x 10E-27 grams
• Protons and neutrons have approximately equal masses, almost 1,800 times
the mass of an electron
• Electrons have a negative charge, protons have a positive charge, and
neutrons have no charge (they are neutral)
Slide No. 51
• Particles that have positive or negative charges display certain behaviors that
are not seen among particles that have no charge (or "neutral" charge).
• A particle with a positive or negative charge will attract particles that have
opposite charges (i.e., a particle with a positive charge attracts a particle with a
negative charge, and vice-versa).
• A particle with a positive or negative charge will repel particles that have the
same charge (i.e., a particle with a positive charge repels other particles with
positive charges).
-------
BASIC RADIATION CONCEPTS - THE ATOM
Elements
• All atoms of a given element have the same number of protons in their nuclei
• Each element has a unique "atomic number" which represents the number of
protons in its atoms' nuclei
• There are at least 105 known elements, 92 of which are naturally occurring
Slide No. 52
• Examples of atomic numbers:
All neon atoms contain 10 protons; thus, the atomic number of neon is 10;
All radium atoms contain 88 protons; thus, the atomic number of radium is
88.
-------
BASIC RADIATION CONCEPTS - THE ATOM
Nuclides
• The "mass number" is the sum of the number of protons and neutrons in the
nucleus
• The sum of protons and neutrons in atoms of the same element may vary
• A "nuclide" is any species of atoms whose nuclei contain a specified number
of protons and neutrons
Slide No. 53
• A nuclide is commonly denoted by the name of the nuclide's element followed
by the mass number
• For example, one common nuclide is radon-222, which has 86 protons and 136
neutrons. The mass number can be used to distinguish between nuclides of an
element.
-------
EXCERPT FROM THE CHART OF THE NUCLIDES
92
U-226
U-227
U-228
U-229
91
Pa-222
Pa-223
Pa-224
Pa-226
Pa-226
Pa-227
Pa-228
90
Th-218
Th-219
Th-220
Th-221
Th-222
Th-223
Th-224
Th-225
Th-226
Th-227
89
Ac-217
Ac-218
Ac-219
Ac-220
Ac-221
Ac-222
Ae-223
Ac-224
Ac-225
Ac-226
se
Ra-216
Ra-217
Ra-218
Ra-219
Ra-220
Ra-221
Ra-222
Ra-223
Ra-224
Ra-225
87
Fr-215
Fr-216
Fr-217
Fr-218
Fr-219
Fr-220
Fr-221
Fr-222
Fr-223
Fr-224
86
Rn-214
Rn-215
Rn-216
Rn-217
Rn-216
Rn-219
Rn-220
Rr>-221
Rn-222
Rn-223
85
At-213
At-214
At-215
At-216
Al-217
At-218
A1-219
84
Po-212
Po-213
Po-214
Po-215
Po-218
Po-217
Po-218
83
Bi-211
BI-212
Bi-213
Bi-214
Bi-215
82
Pb-210
Pb-211
Pb-212
Pb-213
Pb-214
128
129
130
131
132 133 134
Number of Neutrons
135
136
137
Slide No. 54
• The term "isotope" refers to nuclides of one specific element.
• The terms "isotope" and "nuclide" can be used interchangeably, but the term
"isotope" often refers to a particular nuclide of an element.
• Three isotopes of the element radon are: Radon-220, which contains 134
neutrons; Radon-221, which contains 135 neutrons; and Radon-222, which
contains 136 neutrons. Each of these isotopes contains 86 protons.
• Roughly 80 percent of all naturally occurring elements exist as a mixture of two
or more isotopes.
-------
BASIC RADIATION CONCEPTS - THE ATOM
Structure of the Atom
• A variety of forces exist in an atom:
Repulsive forces (proton-proton)
Short-range attractive forces (neutron-proton)
Attractive forces (nucleus-electron cloud)
• In a stable atom all of these forces are balanced
Slide No. 55
• Repulsive forces exist between the protons (i.e., a positive-positive repulsion).
• Short-range attractive forces between neutrons and protons overcome these
repulsive forces and hold the nucleus together.
• Attractive forces exist between electrons and the nucleus (i.e., a positive-negative
attraction).
-------
BASIC RADIATION CONCEPTS - THE ATOM
Radionuclides
• Competing forces exist within the nucleus of an atom
• The balance of these forces depends on, among other factors, the ratio of
neutrons to protons
• A "radionuclide" is an atom with an unstable ratio of neutrons to protons
Slide No. 56
For a nucleus to remain stable, attractive forces between neutrons and protons
must be strong enough to overcome repulsive forces between protons.
The balance of forces within the nucleus is manifested in the ratio of neutrons to
protons: the higher the neutron-to-proton ratio in the nucleus, the stronger the
attractive forces; the lower the ratio, the stronger the repulsive forces.
Usually, stable ratios of neutrons to protons range from 1:1 to 3:2, depending
on the size of the nucleus.
-------
DECAY OF A RADIONUCLIDE
Alpha Particle
Polonium - 212
Lead - 208
Neutrons: 128
Protons: 84
Ratio of Neutrons
to Protons: 1.52
Radioactive
Neutrons: 126
Protons: 82
Ratio of Neutrons
to Protons: 1.54
Stable
Slide No. 57
in order to achieve a more stable configuration the nucleus of a radionuclide
releases energy in the form of subatomic particles or electromagnetic rays by a
process called radioactive decay. This release may change the ratio of neutrons
to protons.
-------
COMMON RADIONUCLIDES
Radionuclide
Half-life
Mode of Decay
Occurrence/ Use
Ameridum-241
458 years
Alpha, Gamma
Calibration or Referenoe Sources
Carbon-14
5,730 years
Beta
Laboratory Testing Apparati
Cesium-137
30 years
Beta, Gamma
Calibration or Reference Sources
Cobalt-60
5 years
Beta, Gamma
Pharmaceuticals
Iodine-131
B days
Beta, Gamma
Pharmaceuticals
lron-59
46 days
Beta, Gamma
Laboratory Testing Apparati
Krypton-85
11 years
Beta, Gamma
Luminous Devices
Piutonium-239
24 thousand years
Alpha, Gamma
Atomic or Nuclear Weapons
Potassium-40
1 biHion years
Beta, Gamma
Naturally Occurring (Rocks and Soils)
Promethium-147
3 years
Beta
Luminous Safety Devices
Radium-226
1,600 years
Alpha, Gamma
Naturally Occurring (Soils)
Scandium-46
84 days
Beta, Gamma
Resins for Oil Wells
Setenium-75
120 days
Gamma
Clinical or Laboratory Testing Apparati
Sodtum-22
3 years
Beta, Gamma
Naturally Occurring (Cosmic Rays)
Strontium-90
28 years
Beta
ice Detection Devices
Tritium (Hydrogen-3)
13 years
Beta
Nuclear Weapons, Luminous Devices
Uranium-235
710 million years
Alpha, Gamma
Nuclear Fuels
Uranium-238
5 billion years
Alpha
Nuclear Fuels
Slide No. 58
• There are roughly 1,700 different radionuclides.
• Each radionuclide exhibits a unique pattern of decay characterized by:
Radioactive half-life (the time it takes for any quantity of a radionuclide to
diminish by one-half);
For example, iodine-131 has a half-life of eight days; 100 grams of
iodine-131 would require eight days to decay to 50 grams of iodine-131.
The resulting 50 grams would require eight days to decay to 25 grams
of iodine-131, etc.
Mode of decay (the type of particle or ray that is emitted as a result of the
decay of a given radionuclide); and
Energy of emissions.
-------
BASIC RADIATION CONCEPTS - THE ATOM
Decay Chains
• Often, the decay product is also radioactive and decays with its own
characteristic pattern
• The radiation from a radioactive material may be a mixture of the
characteristic radiation from the decay of each radionuclide in the chain
Slide No. 59
• The concept of decay chains is important because it implies that many different
radionuclides may be present in a material that has decayed over time. For
example, if radium-226 is found in a waste, other radionuclides in the uranium
decay chain are likely to be present.
-------
Slide No. 60
• Most radionuclides do not decay directly to form a stable isotope.
• In an individual decay event, the nucleus of a radionuclide called a "parent"
releases subatomic particles, beta particles, or rays.
• The remnant of the nucleus usually has a different number of protons and/or
neutrons than the parent. Therefore, the remnant forms the nucleus of a
different radionculide, called a "daughter" or "decay product."
A series of daughters generated from an initie.1 parent is called a "decay chain."
Therefore, all of the daughters shown above will be encountered when U-238 is
present.
-------
MODES OF RADIOACTIVE DECAY
Slide No. 61
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
• The three primary modes of radioactive decay are emission of:
Alpha particles
Beta particles
Gamma rays
Slide No. 62
• Alpha and beta particles have mass; gamma rays are a form of energy.
• Alpha particles, beta particles, and gamma rays are different in terms of their
basic properties, their interaction with matter, their rate of energy transfer, and
their range of travel.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Alpha Particles - Basic Properties
• Contain two protons and two neutrons
• Have a mass equal to approximately four times the mass of a proton
• Have a charge of +2
• Typically range in energy from 4 to 9 MeV
Slide No. 63
• Alpha particles consist of two protons and two neutrons, which is equivalent to
the nucleus of a helium atom.
• Alpha particles typically range in energy from 4 to 9 MeV (where 1 MeV is one
million electron volts), although they may range from 2 to 12 MeV. The higher
the alpha particle's energy, the greater its speed.
• A "MeV" represents an extremely small amount of energy. For comparison, one
trillion MeV will power a 50-Watt light bulb for only 2 thousandths of a second.
-------
PATH OF AN ALPHA PARTICLE THROUGH MATTER
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Slide No. 64
• Alpha particles move through matter in a relatively straight path because their
large mass prevents them from being deflected by other atomic particles.
• As the alpha particle passes, the electrons in nearby atoms can do one of two
things:
Ionization. An electron can break away from its associated nucleus if the
attractive force between the electron and the alpha particle is strong
enough. The removal of a negatively charged electron will cause an
increase in the positive charge of the atom.
Excitation. An electron may remain in the affected atom, but at a farther
distance from the atom's nucleus. In this instance, the charge of the atom
will remain the same; upon return to the ground state of the excited
electron, the excess energy is released.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Alpha Particles - Range of Travel
• The path of an alpha particle causes many ionizations and excitations, but is
very short
• An instrument must be very close to a source in order to detect an alpha
particle
• Exposure occurs only at short ranges
• Alpha particles present an internal threat only
Slide No. 65
• Because there are usually many types of radiation present, it is likely that other
types of radiation, which can be detected further from the source, will be
detected before alpha radiation is detected.
• The range in air of an 8 MeV alpha particle is roughly 7 cm.
• The range in soft tissue of an 8 MeV alpha particle is about 90 um, or about the
thickness of human skin.
• Since skin is sufficiently thick to stop alpha particles, exposure to alpha particles
from sources outside the body is relatively harmless. However, alpha particles
present a health hazard when their sources are taken into the body.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Alpha Particles - Transfer of Energy
• Each ionization and excitation interaction removes energy from the alpha
particle, reducing its velocity until it eventually stops
• Alpha particles have a high linear energy transfer (LET)
• For particles delivering equivalent amounts of energy, particles with higher
LET generally cause more severe biological injuries
Slide No. 66
• In each ionization and excitation interaction, the attraction of the alpha particle
with electrons in stationary atoms reduces both the energy and the velocity of
the alpha particle until it eventually stops. The energy lost by the alpha particle
is transferred to atomic electrons.
• The average amount of energy that radiation loses to surrounding atoms per
length that the radiation travels is called the linear energy transfer (LET).
Particles with a high LET transfer a relatively large amount of energy over a
short path length.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Beta Particles • Basic Properties
• Have the same mass as an electron
• Have a charge of -1
• Typically range in energy from 0.04 to 6 MeV
Slide No. 67
• The range in energy of beta particles, typically from 0.04 to 6 MeV, is usually
less than that of alpha particles.
• Physically identical to an electron, a beta particle differs from an electron in that
it originates in the nucleus, while an electron originates in the cloud surrounding
the nucleus.
-------
PATH OF A BETA PARTICLE THROUGH MATTER
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Slide No. 68
• Beta particles do not move through matter in a straight path. Because of their
low mass they are deflected when they collide with atomic electrons.
• As with alpha particles, beta particles can cause ionization and excitation in
atoms.
• Ionizations and excitations are caused by repulsive forces between beta particles
and atomic electrons, which both have negative charges.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Beta Particles - Range of Travel
• Cause less ionizations and excitations than alpha particles, but are more
penetrating
• Can be detected by instruments at a farther range than alpha particles
• Primarily an internal threat of biological damage, although may pose an
external threat in some cases
Slide No. 69
• The range in air of an 8 MeV beta particle is roughly 31 m.
• The range in soft tissue of an 8 MeV beta particle is about 3 to 5 cm.
• Beta particles penetrate deep into the skin. Consequently, beta particles from
sources outside the body as well as from sources taken into the body present a
radiation threat. However, the external threat of beta particles is considered
slight.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Beta Particles - Transfer of Energy
• Much less efficient in causing ionizations and excitations than alpha particles
• Have a low LET
• Biological injury caused by a beta particle will be less severe than that
caused by an alpha particle
Slide No. 70
• Because beta particles have half the charge of alpha particles, beta particles are
much less efficient in causing ionizations and excitations.
• As a result, beta particles give up energy over a longer distance of travel; thus,
they have a low LET.
• Even if a beta particle delivers the same amount of energy as an alpha particle,
the biological injury caused by a beta particle will be less severe.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Gamma Rays - Basic Properties
• Have no mass
• Are a form of electromagnetic radiation similar to light but of much greater
energy
• Have no net charge
• Typically range in energy from 0.01 MeV to 10 MeV
Slide No. 71
• Gamma rays are a form of electromagnetic radiation, like light and radiowaves,
but have much greater energy. Unlike subatomic particles, gamma rays travel as
a series of propagating or oscillating waves. The energy of a ray depends on
its frequency of oscillation. The higher the frequency, the greater the energy.
• Gamma rays have no net charge. However, in each oscillation an electrical field
is formed which can influence electrons.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Gamma Rays - Interaction With Matter
• Some gamma rays pass through matter
• Absorbed gamma rays can cause ionizations and excitations
• Non-absorbed gamma rays also can collide with (and transfer energy to) both
free and atomic electrons to set the electrons in motion
Slide No. 72
• Because gamma rays behave as waves, some gamma rays are neither deflected
nor slowed by atoms in matter; they pass right through matter. Some gamma
rays, however, are completely absorbed by the atoms.
• The amount of gamma radiation absorbed depends on the number of rays
entering the material and the thickness and chemical composition of the material.
-------
PATH OF GAMMA RADIATION THROUGH MATTER
O
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Slide No. 73
• If a gamma ray interacts with an atom, ionizations or excitations occur. When a
gamma ray ionizes an atom, some or all of the energy not consumed in the
ionization will impart kinetic energy to the removed electron.
• In addition, if a gamma ray collides with either atomic or free electrons it will set
the electrons in motion. The electrons will then behave as beta particles. The
gamma ray itself will be deflected and its waves will oscillate at a lower
frequency (i.e., the gamma ray will lose energy).
• Ultimately, almost all absorbed gamma rays form high-speed electrons that
behave as beta particles.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Gamma Rays - Range of Travel
• Travel relatively large distances
• Readily detectable
• Potential for exposure from distant sources
• External and internal threat of biological damage
Slide No. 74
Gamma rays travel relatively large distances and are quite penetrating compared
with alpha and beta particles.
Like beta particles, gamma rays from sources outside the body may inflict
biological damage both internally and externally. The magnitude of the health
hazard depends on the number of rays entering the body.
Gamma rays will penetrate the entire body. While some ionizations and
excitations will occur in the outer layers of the skin, others will occur internally.
Furthermore, the electrons released from internal ionizations behave as internally
ingested/absorbed beta particles.
-------
BASIC RADIATION CONCEPTS - MODES OF RADIOACTIVE DECAY
Gamma Rays - Transfer of Energy
• Are harmless if they pass through the body
• Produce high-speed electrons
Slide No. 75
• A particular gamma ray releases no energy until it is absorbed in an atom or an
electron.
• Gamma rays passing through the body without interacting with atoms or
electrons release no energy and are harmless.
• However, the high-speed electrons produced by gamma ray interactions have a
LET similar to that of beta particles, and can cause biological damage.
-------
RADIATION PENETRATION PROPERTIES
Paper
Slide No. 76
-------
UNITS OF QUANTITY, DOSE, AND EXPOSURE
Slide No. 77
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BASIC RADIATION CONCEPTS - UNITS OF QUANTITY, DOSE, AND EXPOSURE
Units of Quantity
• The quantity of a radionuclide can be measured in several different units
• Units of mass or radioactivity
• Units of dose
Slide No. 78
• The choice of units depends on the property of interest. Like other substances,
the mass of a radionuclide may be expressed in grams, kilograms, pounds, etc.
However, the mass alone provides no indication of the quantity of radiation
emitted from a given radionuclide.
• Units of quantity measure the amount of a radionuclide in terms of mass or
radioactivity, whereas units of dose measure the amount of radiation absorbed
by a receptor (such as people).
-------
BASIC RADIATION CONCEPTS - UNITS OF QUANTITY, DOSE, AND EXPOSURE
Units of Quantity
• A curie (Ci) is a unit rate of radioactive decay
• A becquerel (Bq) is the international unit of radioactive decay
• A working level (WL) is a special unit of radioactivity used for radon
Slide No. 79
• A curie (Ci) is a unit rate of radioactive decay representing the quantity of any
radionuclide that undergoes 3.7x1010 decays per second.
c The number of curies can be determined for a given mass of radionuclide if the
half-life and atomic mass of the radionuclide are known:
Activity (Ci) = (1.128x1013 decavs/mole) x M
H x A
M = Mass of the radionuclide (grams);
H = Half-life of the radionuclide (seconds);
A = Atomic mass of the radionuclide (grams/mole).
• A becquerel (Bq) is the international unit of radioactive decay where 1 Bq = 1
decay per second = 2.7x10"11 Ci.
• One WL = any combination of short-lived radon-222 decay products in one liter
of air that will result in alpha particle discharging 1.3x105 MeV of alpha particle
energy.
• Refer to Appendix M for debate over adopting international units for radioactivity.
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BASIC RADIATION CONCEPTS - UNITS OF QUANTITY, DOSE, AND EXPOSURE
Units of Dose and Exposure
• A basic unit of dose is a "radiation absorbed dose" (rad) which measures
absorbed radiation per mass of tissue (100 ergs/gram)
• The international unit of absorbed dose is the Gray (Gy) (100 rad)
• A commonly used unit of radiation exposure is the Roentgen (R) (86.9
ergs/gram of air)
The Roentgen refers to the amount of gamma energy discharged in air
only
Slide No. 80
An erg is a unit of energy equal to 625,000 MeV.
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BASIC RADIATION CONCEPTS - UNITS OF QUANTITY, DOSE, AND EXPOSURE
Units of Dose/Dose Equivalent
• Biological responses to radiation depend on:
The quantity of radiation absorbed
The type of radiation
Other factors (e.g., time sequence of exposure)
• To account for these differences, a unit of "dose equivalent" called the
"radiation equivalent man" (rem) is used
Slide No. 81
• Dose equivalent (in rems) = Dose (in rads) x Quality Factor x Any Additional
Modifying Factors
• Quality factors adjust an absorbed dose of radiation to account for the relative
biological effectiveness of the different types of radiation. Alpha particles have a
quality factor of 20, and beta particles and gamma rays have a quality factor of
1. Additional modifying factors, which include distribution factors that correct for
a nonuniform distribution of absorbed radiation, are equal to 1 for all types of
radiation.
• In effect, then:
-- Rem = Rad; for beta particles and gamma rays, and
-- Rem = 20 x Rad; for alpha particles.
-------
BASIC RADIATION CONCEPTS - UNITS OF QUANTITY, DOSE, AND EXPOSURE
Units of Dose
• The international unit of dose equivalent is the sieved (Sv), where
1 Sv = 100 rems
• A special unit used to assess doses of radon daughters is the working level
month (WLM)
Slide No. 82
1 WLM = the exposure to 1 WL for 1 working month (170 hours).
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BIOLOGICAL EFFECTS OF RADIATION
Slide No. 83
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BASIC RADIATION CONCEPTS - BIOLOGICAL EFFECTS OF RADIATION
• Ionized atoms in the body may react with other atoms disrupting the normal
operations of organs
• The actual biological effect created by radiation is a function of:
Type of radiation
Magnitude of the absorbed dose
Dose distribution
Age of exposed individual
Time distribution (i.e., chronic vs. acute)
Slide No. 84
When atoms of a cell are ionized or excited, they may readily react with other
atoms to cause deficiencies in the cell. Deficiencies in enough cells in an organ
to cause organ malfunction or failure.
A whole body dose of radiation is potentially more damaging because several
organs may be affected causing a variety of symptoms.
-------
BASIC RADIATION CONCEPTS - BIOLOGICAL EFFECTS OF RADIATION
• Chronic exposures to radiation lead to three major types of long-term health
effects:
Increased risk of cancer
Hereditary effects
Developmental effects
• Acute health effects will not occur when exposed to radioactive contamination
in the environment
Slide No. 85
• Increased risk of cancer. According to recent EPA figures, the lifetime risk of
fatal cancer associated with whole-body exposures generally ranges from 1x10~2
per SV to almost 1 per SV.
• Hereditary effects, such as a mutation or chromosomal aberration, are
transmitted to a child conceived after the radiation exposure. The risk of
radiation-induced genetic effects is smaller than, or comparable to, the risk of
cancer.
• Developmental effects on fetuses, include mental retardation and other birth
defects. The risks per unit exposure of serious developmental effects are
somewhat greater than the risks of cancer, but the period that an individual is
vulnerable to damage is much briefer.
• For any conceivable scenario of human exposure to radiation during routine
operations at mixed waste facilities, radiation doses and dose rates are too low
to cause acute health effects.
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33 X
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POTENTIAL MIXED WASTE UNIVERSE
Slide No. 86
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POTENTIAL MIXED WASTE UNIVERSE - OBJECTIVES
• Universe
Who generates mixed waste
What industry operations generate mixed waste
• Types of Mixed Waste Streams and Management
How various mixed waste streams are generated
Waste management practices
Waste minimization techniques
Slide No. 87
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THE UNIVERSE
-------
POTENTIAL MIXED WASTE UNIVERSE - THE UNIVERSE
• Approximately 26,000 NRC and Agreement State licensees
Many facilities
Small volumes of waste
Mixed waste is a small fraction of commercial low-level waste generation
in the commercial sector
• DOE facilities
Few facilities
Large volumes of waste
Slide No. 89
• Of the 26,000 NRC and Agreement State licenses, 8,000 are specific licenses;
the rest are general licenses which are automatically granted to facilities that
meet certain specifications.
• Most non-Federal generators are likely to be small quantity generators (SQGs).
• Some commercial facilities may already have RCRA permits; however, initially
many licensees may need to apply for storage permits because currently no off-
site facility is accepting mixed waste for disposal.
• The mixed waste universe is estimated to be approximately 3 to 10 percent of all
low-level waste.
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POTENTIAL MIXED WASTE UNIVERSE
(APPROXIMATELY 26,000 NRC AND AGREEMENT STATE UCENSEES)
SOURCE MATERIAL AND
SOME SPECIAL NUCLEAR MATERIAL
LICENSEES
(1%)
MANUFACTURE7DISTRIBUTION
LICENSEES
(4%)
SERVICE ORGANIZATION
LICENSEES
(1%)
POTENTIAL HAZARDOUS WASTE
GENERATORS
POTENTIAL HAZARDOUS WASTE
TREATMENT. STORAGE AND
DISPOSAL FACILITIES
Slide No. 90
Estimated percentage of NRC licensee universe:
• Manufacture/distribution licensees - 4%
May handle large quantities of nonencapsulated or nonsealed source
materials which could be in readily dispersibie forms.
• Source material and some special nuclear material licensees - 1%
• Service organization licensees - 1%
• Research/teaching/experimentation and diagnostic/therapeutic application
licensees ¦ 44%
The type of isotopes used by these licensees are in similar physical forms
and are used in similar manners.
• Measurement/calibration/irradiation application licensees - 50%
These handlers may not need a RCRA permit because the radioactive
material may not come into contact with the hazardous material.
• The NRC licensees shown above do not include 110 nuclear power plants with
NRC operating licenses or NRC general licenses.
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POTENTIAL MIXED WASTE STREAMS
Used Liquid
Chromium
Aqueous
Industries Generating
Scintillation
Organic
Lead
and Cadmium
CFC
Corrosive
Waste
Mixed Waste
Cocktails
Chemicals
Wastes
Wastes
Wastes
Liquids
Oil
Nuclear Power Plants
X
X
X
X
X
X
X
Academic Institutions
X
X
X
Medical Institutions
X
X
X
Industry
X
X
X
X
X
X
Federal Facilities
X
X
X
X
X
X
X
Slide No. 91
• Liquid scintillation fluids are used in a wide range of research and industrial
production practices, and are sometimes classified together with organic liquids
under the organic chemical heading.
• Equipment cleanup can lead to contaminated organic chemicals as well as
radiologically contaminated rags and cloths that are also contaminated with
organic chemicals. Colleges and universities may be the largest producers
(greatest annual volume) of organic liquid mixed waste.
• Lead shields are used to enclose experiments and may be contaminated with
wheatever radionuclide was being used. Lead shielding and container waste is
also generated from pharmaceutical manufacturing.
• Chromate and cadmium wastes are generated primarily at power plants.
• CFC wastes are generated during some drycleaning operations.
• Waste oil, if deemed RCRA hazardous by EPA (or ajthorized States), could
constitute a major mixed waste category (in terms of volume).
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POTENTIAL MIXED WASTE UNIVERSE - THE UNIVERSE
Nuclear Power Plants
• Currently 110 operating power plants licensed by NRC
• Operations producing mixed waste include:
Routine maintenance
Outage maintenance
Health physics activities
Radiochemical laboratory activities
Plant operations
Slide No. 92
Nuclear power plants generate hazardous waste during:
• Routine maintenance -- cleaning and replacing parts - generates cloths,
compactabie trash contaminated with acetone, CFC, solvents, and concentrates.
• "Off-line" refueling, more thorough maintenance - generates cloths contaminated
with solvent and oil, waste oil, welding rod stubs (high cadmium content), spent
trichloroethylene solvent, and blast grit (possible high concentations of cadmium
and heavy metals).
• Health physics activities -- decontamination of tools, equipment and other
devices, and area decontamination generates acetone and methanol
contaminated clothes and spent dichlorobenzene.
• Radionuclide analyses of reactor water - generates spent scintillation cocktails
containing toluene and xylene.
• Plant operation - generates chromate-co.^taining waste, decontamination acids,
drycleaning sludges, and tool decontamiantion sludges which may contain CFCs.
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POTENTIAL MIXED WASTE UNIVERSE - THE UNIVERSE
Academic and Medical Institutions
• Academic institutions conduct research involving many different radionuclides
• Medical institutions conduct laboratory research using radionuclides
In vitro radiolabelling is frequently used to test drug metabolism
Radiolabelling is also used to map physiological functions
Slide No. 93
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POTENTIAL MIXED WASTE UNIVERSE - THE UNIVERSE
Industry
• Industrial mixed waste generators include:
Pharmaceutical manufacturers and isotope suppliers
Sealed source and irradiator manufacturers
Biotechnology manufacturing
Providers of analytical services
Fuel fabrication
Waste processors
Slide No. 94
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POTENTIAL MIXED WASTE UNIVERSE - THE UNIVERSE
Federal Facilities
• Defense and government research facilities operated by DOE are the primary
Federal generators of mixed waste
• Unit operations vary greatly within each facility and from facility to facility
• Federal facilities include:
Large facilities that generate large amounts of radioactive waste
Production and laboratory facilities that generate smaller volumes and a
greater variety of waste
Slide No. 95
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POTENTIAL MIXED WASTE UNIVERSE - THE UNIVERSE
Federal Facilities (Cont'd)
t DOE has identified several sources of mixed waste:
Production reactors
Test reactors
Certain Navy vessels
Weapons manufacturing
Slide No. 96
Many Federal facilities generate mixed waste through processes similar to those
outlined for commercial facilities.
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TYPES OF MIXED WASTE STREAMS
AND MANAGEMENT
Slide No. 97
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Liquid Scintillation Fluids
• Used during laboratory procedures involving the counting of radioactive
samples
• The principal radionuclide associated with scintillation cocktails is tritium
• Principal hazardous constituents:
Toluene
Xylene
Slide No. 98
• "Scintillation cocktails" refers to vials containing spent scintillation liquid. The
cocktails or fluids are mixed waste only if the solvent is hazardous and the
radionuclides are not below regulatory concern. If the radioactive portion of the
waste is below regulatory concern, only the hazardous waste regulations apply.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Liquid Scintillation Fluids
• Waste minimization generally involves replacing the hazardous liquid with non-
hazardous substitutes
• Liquid scintillation cocktails and fluids are currently managed through
incineration
Slide No. 99
• NRC allows the incineration or disposal of licensed material without regard to
radioactivity if it contains 0.05 microcuries or less of hydrogen-3 or carbon-14
per gram of medium used for liquid scintillation counting.
• If all scintillation fluids and animal carcasses containing C-14 and H-3 generated
annually were incinerated, 8 Ci of these radionuclides would be released. This
is extremely small relative to C-14 and H-3 in the natural environment.
• Incinerators that burn spent scintillation fluids as a fuel additive do not currently
need an EPA permit to do so. EPA is considering requiring the permitting of
facilities that burn these types of wastes.
• Storage for decay is sometimes used for scintillation cocktails containing other
than BRC concentrations of tritium or C-14.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Organic Chemicals
• Mixed wastes contaminated with organic chemicals are generated during:
Academic and medical research
Industrial manufacturing (e.g., radiopharmaceuticals, sealed sources,
diagnostics)
Nuclear power plant activities
Slide No. 100
• Academic institutions generate the largest amount of organic chemical mixed
wastes (scintillation liquids included) according to a 1984 Brookhaven National
Laboratory survey.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Organic Chemicals
• The primary process generating radioactive organic chemicals is the cleaning
or degreasing of equipment at these facilities (i.e., organic solvents are used)
• The most common radionuclides found mixed with organic chemicals are
tritium and carbon-14
Slide No. 101
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Organic Chemicals (Cont'd)
• Waste minimization of organic chemicals generally involves encouraging use
of alternative methods and chemicals through:
- Education
Justification
Notification
Slide No. 102
• Education should sensitize users to disposal problems and encourage people to
use the minimum amount of materials needed to complete the job (this is
especially true for cleanups).
• Under a justification system, individuals must explain why the use of hazardous
chemicals is necessary to their project in order to gain approval.
• Notification of large cleanups (e.g., large pieces of equipment) or other uses of
large amounts of organic chemicals allows supervisors to ensure that proper
management, minimization, and disposal take place.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Organic Chemicals (Cont'd)
• Organic chemicals and contaminated trash are managed in the following
ways:
Storage for decay
Incineration
Slide No. 103
• Treatment technologies that render the waste non-hazardous are being
developed, but are not yet available.
• Recycling methods for mixed waste organic liquids are being developed. These
methods use distillation to separate useful solvents from radioactively
contaminated wastes.
Recycling recovers useful materials and reduces the volume of the waste
requiring disposal. Distillation residues must still be handled as mixed
waste.
• Incineration is the most common method of destruction used for organic liquids.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Lead Wastes
• Contaminated lead wastes are generated by many facilities in the form of:
Shielding and/or containers
Solutions resulting from the chemical or water decontamination of lead
Slide No. 104
Lead wastes are potentially EP toxicity characteristic wastes.
Aluminum canisters are used to store neutron-activated stainless steel tubes
(from pharmaceutical manufacture) in underwater pools. Lead is added to the
aluminum to minimize buoyancy.
Isotope shipping containers are usually solid lead coated with steel or paint.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Lead Wastes (Cont'd)
• Waste minimization programs:
Reduce amount of lead shielding and containers used
Encourage reuse of lead after it has been decontaminated
Use Herculon (a plastic-like material), plexiglass or other types of
materials that are easily decontaminated
Slide No. 105
• The design of new equipment using as little lead as possible is a minimization
option.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Lead Wastes (Cont'd)
• Lead waste with radioactive contamination is managed in the following ways:
- Solid lead shielding (most problematic) is currently stored as bulk lead
Solidification of lead decontamination solutions to bring them below the
EP toxicity limit for lead
Slide No. 106
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Chromate and Cadmium Wastes
• Chromates are often used as corrosion inhibitors in the reactor process at
nuclear power plants:
Ion-exchange resins
Evaporator concentrates
Filter media
• Cadmium and other heavy metal wastes result from blasting and
decontamination grit at nuclear power reactors
• Chromate and cadmium waste management generally consists of
immobilization in chemical matrices
Slide No. 107
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Chlorinated Fluorocarbon (CFC) Wastes
• Contaminated CFC solvents, concentrates, and filters result from:
Laundering operations
Tool and equipment decontamination
• Waste minimization efforts include:
Research on chemical substitutes
Work to delist CFC concentrates
• CFC mixed wastes are currently stored
Slide No. 108
• CFC solvents may be F001 hazardous wastes.
• No treatment techniques are currently used to render CFC mixed wastes non-
hazardous.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Aqueous Corrosive Liquids
• Various corrosive acids are used at nuclear power plants and in industry to:
Back-flush ion-exchange resins and
Clean used transportation containers
Slide No. 109
• The neutralization of aqueous corrosive liquids may constitute treatment and may
be subject to RCRA treatment standards.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Aqueous Corrosive Liquids (Cont'd)
• Waste minimization efforts include changes in facility operations to reduce the
generation of these wastes
• Possible treatment may involve neutralization (to render non-hazardous) and
discharge through an NPDES outfall
Slide No. 110
• Neutralization and discharge through a NPDES permit may be exempt from
RCRA if considered a wastewater treatment unit.
• Contaminated liquids may be stored in double-walled, underground, carbon-steel
tanks as radioactive wastes. Leak detection systems are usually used.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Waste Oil
• Radioactive waste oils are primarily spent lubricants from radiologically
contaminated equipment
• Contaminated waste oil management methods include:
Filtration
Solidification
Incineration
Long-term storage
Slide No. 111
• Several States currently regulate waste oil as hazardous waste.
• A hazardous waste classification of waste oil is under consideration by EPA, and
this potential hazardous status creates significant mixed waste implications.
• Filtration involves the use of commercially available, multi-layer paper filters to
remove particulate radioactive contamination. Filters are disposed of as non-
hazardous radioactive waste.
• Waste oil solidified by approved methods are accepted for disposal at Richland,
Washington, and Beatty, Nevada, disposal facilities (as of Spring 1989).
• Incineration takes place in auxiliary boilers or oil burners.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Summary of Waste Minimization
Management practices to minimize mixed waste generation include:
Waste segregation
Material control programs
Waste processing
Volume reduction
Slide No. 112
• Waste segregation involves designing processes and materials management
procedures to minimize the interaction of radioactive and hazardous wastes.
• Material control programs restrict access to materials and limit the amount of
materials that workers are allowed to use for particular jobs.
• Waste processing techniques include recycling, recovery, and reclamation
operations, as well as treatment.
o Compaction can be used for volume reduction to conserve storage space.
e Employee training encourages workers to use equipment and materials properly,
familiarizes them with the hazards of working with particular substances, and
keeps them informed of minimization and proper disposal practices.
• EPA or State staff should look for opportunities to encourage owner/operators
to:
Segregate radioactive hazardous waste,
Minimize quantities of mixed waste, and then
Manage remaining waste appropriately.
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POTENTIAL MIXED WASTE UNIVERSE - WASTE TYPES AND MANAGEMENT
Mixed Waste Management Options
• Rulemaking petitions
• Waste declared BRC
• Establish a licensed/permitted TSDF for mixed waste
Slide No. 113
• Rulemaking Petitions and delisting may result in exemptions from RCRA.
• If the radioactive component of the mixed waste can be declared BRC, then only
the RCRA requirements must be met. This only an option for tritium and C-14 in
scintillation cocktails at present.
• Mixed wastes containing radionuclides with short half-lives may be stored for
decay and then disposed of as hazardous waste; however, this will require a
RCRA permit.
• Generators of mixed waste could form a cooperative agreement to establish a
licensed TSDF.
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HEALTH PHYSICS AND INSPECTIONS
Slide No. 114
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HEALTH PHYSICS AND INSPECTIONS - BACKGROUND
Objectives
• Describe the background and application of the ALARA principle
• Highlight distance, time, and shielding for personal protection and worker
safety
• Introduce inspector to dosimetry equipment and decontamination practices
Slide No. 115
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A LARA
Slide No. 116
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HEALTH PHYSICS AND INSPECTIONS - ALARA
• Maintaining radiation exposures and releases of radioactive material "as low
as reasonably achievable" (ALARA) is a very important concept for personal
safety
Slide No. 117
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HEALTH PHYSICS AND INSPECTIONS - ALARA
• ALARA takes into account:
State of technology
~ Economics
• In relation to:
Effect on public health
Use of atomic energy in the public interest
Slide No. 118
• 'The term 'as low as is reasonably achievable' means as low as is reasonably
achievable taking into account the state of technology, and the economics of
improvements in relation to benefits to the public health and safety, and other
societal and socioeconomic considerations, and in relation to the utilization of
atomic energy in the public interest." 10 CFR 20.1(c)
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HEALTH PHYSICS AND INSPECTIONS - ALARA
• ALARA is described in NRC regulations and in ORP's Federal Guidance
Report Number 11 on Limits to Occupational Exposure
• ALARA is not required by the AEA
• The ALARA concept requires facilities to achieve the lowest levels possible
- no specific numbers are associated with ALARA
Slide No. 119
• Office of Radiation Programs, "Federal Guidance Report Number 11"; September
1988; EPA-520/1 -88-020.
• ALARA was adopted by DOE as an operating principle.
• Applicants for nuclear power reactor permits must employ all reasonable
technology that will reduce radiation doses at a cost of $1,000 or less per man-
rem. (10 CFR Part 50, Appendix I, Section II.D).
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HEALTH PHYSICS AND INSPECTIONS - ALARA
• The ALARA concept embodies:
Thinking before acting
Exercising good judgment
Reducing exposure (while remaining cost efficient)
Not compromising personal safety
• For hazardous waste personnel this means being informed and contacting
radiation officers to get support before proceeding
Slide No. 120
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HEALTH PHYSICS AND INSPECTIONS - ALARA
• ALARA concept includes:
Meeting regulatory requirements
Then applying ALARA
• Facilities cannot use ALARA as a shield from regulatory requirements or to
unnecessarily limit inspection activities
Slide No. 121
• In general, inspections should be both thorough and cost-efficient, while taking
into account personal safety and worker exposure. Inspectors should exercise
their best judgment.
• Facilities that handle radioactive materials usually have ALARA procedures in
place, however, if EPA personnel are properly trained and prepared, ALARA
practices will not hinder RCRA inspections.
• Inspectors should be aware of facility-specific procedures when planning mixed
waste inspections.
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HEALTH PHYSICS AND INSPECTIONS - ALARA
• ALARA concept is applied to all phases of a project:
Planning and design
Implementation and operation
Personal safety
• EPA personnel should consider how ALARA is incorporated into:
Training
Surveillance and monitoring
Recordkeeping
Waste management
Slide No. 122
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HEALTH PHYSICS AND INSPECTIONS - ALARA
• Related to ALARA are action limits - standards for the amount of radiation a
person is allowed to be exposed to over long periods
There are different limits for workers and for members of the general
public
NRC, DOE, and OSHA all specify dose limits
Slide No. 123
• Dose limits for workers are higher than those set for the general public.
• Private companies usually set their exposure limits below NRC levels.
-------
COMPARISON OF RADIATION DOSE LIMITS
5000
500
-r 400
£ TO
E S.
-1 E
S 2 300
o =
° £
200
100
w
W
W
W
GP
No GP
limits
specified
GP
Proposed GP
reference
level
GP
- I
OS HA
EPA
DOE
Agency
NRC
W = worker
GP = general public
Slide No. 124
NRC has proposed a reference level of 100 millirem/year for the general public.
This is not a dose limit, but rather a mechanism to keep annual doses as low as
possible. The proposed NRC dose limit for the general public will remain 500
millirem/year.
The proposed NRC dose limit for workers would remain at 5 rem/year, with
some specific exceptions. For example, doses caused by external exposures
would be limited to 3 rem/year, and doses greater than 5 rem/year would be
permitted for "planned special exposures."
EPA's recommendations concerning Federal radiation protection guidance for
occupational exposure can be found in 52 FR 2822.
-------
HEALTH PHYSICS AND INSPECTIONS - ALARA
• Exposure should first be minimized (ALARA) by:
Maximizing distance from source
Minimizing time spent near source
Maximizing external shielding (natural and artificial)
Using practices to avoid contamination
• Protective clothing and respiratory equipment provide additional protection
against radiation
Slide No. 125
• Ideally, facilities should be designed to have sufficient aisle space for the
inspector to maintain maximum distance from the source.
• Time spent on careful planning and preparation will allow the inspector to
minimize time spent near the source during the actual inspection.
• Care should be taken to place shielding between a person and a radiation
source.
• The use of dedicated equipment (i.e., separate equipment for radioactive wastes)
will help the inspector avoid contamination.
-------
RELATIONSHIP BETWEEN DISTANCE AND DOSE RATE
90
15
I II I I | I I I I | I I I I | I I I I | I I I I | I I I I | I I
0> ~
: \
tt o
\
i i10
- \
Q ~
i \
5
: \
0
i i i i I i i i i I i i i i l i i i i 1 i i i i 1 i i—p—i-4-i—h-
0
2 4 6 8 10 12
Distance from Source (Meters)
Slide No. 126
Dose is inversely proportional to the distance squared.
-------
EQUIPMENT, INSTRUMENTS,
AND DECONTAMINATION
Slide No. 127
-------
HEALTH PHYSICS AND INSPECTIONS - EQUIPMENT, INSTRUMENTS, AND
DECONTAMINATION
• Protective clothing is designed to:
Prevent the entry of radioactive dust or particles into the body by
absorption through skin
Prevent entry through openings like cuts and wounds
Prevent contamination of personal clothing and effects
• Protective clothing is removed when leaving radiation areas to prevent spread
of contamination
• Respiratory equipment is designed to:
Prevent the inhalation of radioactive particles
Slide No. 128
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HEALTH PHYSICS AND INSPECTIONS - EQUIPMENT, INSTRUMENTS, AND
DECONTAMINATION
• Inspectors can expect to use various types of instruments in a mixed waste
inspection:
Dosimeters
- Initial entry devices
Other survey instruments
Slide No. 129
• Proper detection instruments are of particular importance because radiation
gives no warning (i.e., cannot be smelled, seen, or felt).
• Dosimeters are used to measure individual doses; initial entry devices are used
for detection; and other survey instruments are used to measure real time
exposure rates and surface contamination.
• EPA hazardous waste personnel should work with EPA and State radiation
officers, as well as NRC or DOE personnel to determine equipment availability
(e.g., Regional/State radiation offices have dosimeter badges that are available
for EPA personnel).
• For a listing of mixed waste contacts refer to Appendix J.
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HEALTH PHSYICS AND INSPECTIONS - EQUIPMENT, INSTRUMENTS, AND
DECONTAMINATION
Dosimeters
• Can measure either whole-body exposures or exposures to certain regions of
the body (e.g., hand and foot counters)
• Can provide direct or indirect readings
Slide No. 130
• Dosimeters can be one of two types. Standard dosimeters detect gamma
radiation. Special dosimeters can detect beta particles in addition to gamma
radiation.
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HEALTH PHYSICS AND INSPECTIONS - EQUIPMENT, INSTRUMENTS, AND
DECONTAMINATION
Survey Instruments
• Used to determine if a spot is contaminated or if an area is safe to enter
• Show a rate and give real-time readings
• Can be set up to sound an alarm if a release occurs
• Survey instruments are not used as analytical instruments
Slide No. 131
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HEALTH PHSYICS AND INSPECTIONS - EQUIPMENT, INSTRUMENTS, AND
DECONTAMINATION
• Decontamination involves two different procedures:
-- Chemical decontamination
-- Radiation decontamination
• Common goal is to decontaminate individuals and equipment safely
Slide No. 132
• Although radioactivity poses an additional danger to the inspector,
instrumentation often makes radioactive contamination easier to detect than
chemical contamination.
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HEALTH PHYSICS AND INSPECTIONS - EQUIPMENT, INSTRUMENTS, AND
DECONTAMINATION
Chemical Decontamination
• For individuals, the contamination is washed off with soap and water in most
cases
• Chemical contamination is of particular concern because no instruments are
readily available to determine occurrence
Slide No. 133
• All water disposed of at an NRC licensed facility is controlled either through
accepted sewage disposal or is routed back to a rad-waste system.
-------
HEALTH PHYSICS AND INSPECTIONS - EQUIPMENT, INSTRUMENTS, AND
DECONTAMINATION
Radiation Decontamination
• Refers to removable surface contamination
• Instruments make It easy to determine if an item is radiologically
contaminated
• Usually a dry removal process (tape, brush, etc.)
• Only after dry process fails will a wet decontamination practice be used
Slide No. 134
Protective clothing is usually discarded and personal property that becomes
radioactively contaminated must remain at the facility. EPA personnel should be
aware that property, such as cameras used during inspections, that becomes
radioactively contaminated must remain at the facility.
Waste generated in decontamination is radioactive and must be appropriately
managed.
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INSPECTIONS
Slide No. 135
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HEALTH PHYSICS AND INSPECTIONS - INSPECTIONS
Objectives
• Point out areas where mixed waste inspections will differ from RCRA
hazardous waste inspections
• Supplement existing RCRA and NRC guidance and training on performing
inspections
• Demonstrate how the ALARA concept is used in practice for personal safety
Slide No. 136
• It is assumed that the fine points of "normal" RCRA inspection procedures are
already understood.
-------
HEALTH PHYSICS AND INSPECTIONS - INSPECTIONS
• Due to the dual regulatory framework and the radioactive nature of the waste,
the RCRA inspector will have to consider:
Additional health and safety issues
Need for additional training
More coordination with other offices and agencies
• Since most mixed wastes are currently managed on-site, many inspections
will be combinations of generator and storage inspections
Slide No. 137
• Because of radioactive hazards, inspections may require additional safety
planning, special equipment, and specialized training.
• Each Region has a Radiation Office that can provide support from within the
Agency. Inspectors should coordinate with individuals in EPA Radiation Offices
on a case-by-case basis as they determine how to safely handle the radioactive
hazard at mixed waste facilities. (Refer to Appendix J)
• Coordination with other agencies will be necessary to ensure that the inspection
activities are consistent with the various requirements they may impose.
• Combination generator/storage inspections will be particularly important to States
with mixed waste authorization, because States have the primary responsibility
for inspecting generators.
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HEALTH PHYSICS AND INSPECTIONS - INSPECTIONS
Objectives of the Inspection
• Identify suspected violations
• Assist the facility owner/operator in understanding and complying with
hazardous waste regulations
• Assess qualitatively any potential threat to human health or the
environment
• Gather information on the hazardous and mixed waste management
practices
Slide No. 138
• Inspections should be planned to minimize the risks associated with mixed waste
and to avoid repetitive inspection procedures.
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HEALTH PHYSICS AND INSPECTIONS - INSPECTIONS
Overview of Mixed Waste Inspection Considerations
• Safety:
Understand all radioactive hazards
Obtain and review all safety guidelines
Contact the facility or review the inspection file for facility-specific safety
requirements
Identify and become familiar with safety equipment for radiation
Slide No. 139
These safety considerations are in addition to those normally addressed during a
RCRA inspection.
Radioactive materials pose safety considerations that must be addressed early in
the planning process (i.e., before the site visit).
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HEALTH PHYSICS AND INSPECTIONS - INSPECTIONS
Overview of Mixed Waste Inspection Considerations (Cont'd)
• Requirements for access:
Inspectors should obtain all required training for the type of inspection
planned
Training requirements may vary
Check with facility and NRC/Agreement State contact for specific
information
Inspectors should obtain the necessary security clearances for the type
of inspection planned
Slide No. 140
• In addition to the 40-hour general health and safety training for RCRA
inspections, more specific radiation training will be required.
• Depending on the need of the RCRA inspector the training requirements for
facility inspections may vary. For example, less training will be required if the
inspector has an escort at all times.
O
See Appendix N for information on radiation training.
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HEALTH PHYSICS AND INSPECTIONS - INSPECTIONS
Inspection Stages
• Preparing for the inspection
• On-site activities
Slide No. 141
• When preparing for the inspection each stage should be addressed separately in
order to identify areas where mixed waste inspections may differ from RCRA
hazardous waste inspections.
-------
PREPARING FOR THE INSPECTION
Slide No. 142
-------
HEALTH PHYSICS AND INSPECTIONS - PREPARING FOR THE INSPECTION
Coordinating with Other Offices and Agencies
• Several offices and agencies may be interested in the mixed waste inspection,
including:
NRC and Agreement States
-- DOE
RCRA Authorized States
EPA Regional and State radiation contacts
Other EPA offices
• Joint inspections may be an option
Slide No. 143
• By consulting with these offices and agencies as part of the planning process,
regulatory confusion can be minimized and plans can be established so the
inspection benefits all regulatory agencies. These agencies or offices have
resources that may be useful when preparing to conduct a RCRA inspection
involving radioactive waste.
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HEALTH PHYSICS AND INSPECTIONS - PREPARING FOR THE INSPECTION
Gathering Background Information
• Typical information sources include:
Inspection files
Applicable regulations and guidance documents
Facility descriptions
RCRA permits
Other permits
Process descriptions
• Inspectors should be innovative in identifying new information sources
Slide No. 144
• Mixed waste inspections may require different research than RCRA hazardous
waste inspections because a radiation hazard exists and additional regulations
are involved.
• General background research will involve reviewing applicable regulations and
guidance documents from EPA as well as from DOE and NRC.
• Facility-specific research will involve looking at specific processes and unit
operations. It will also include developing an understanding of handling,
management, and disposal procedures.
For RCRA-permitted facilities, permit writers should be contacted for facility
information.
Other existing permits (all Federal, State, and local permits) should be
reviewed to help identify areas of potential mixed waste generation or
management.
If the waste was historically labeled as radioactive waste and is now
identified as mixed waste, check radioactive waste sources for information.
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HEALTH PHYSICS AND INSPECTIONS - PREPARING FOR THE INSPECTION
Developing Inspection Plans
• Objectives of the inspection plan:
Outline the steps for gathering the necessary waste generation and
management information
Plan and prepare for each step in the inspection
Highlight specific areas of interest
Slide No. 145
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HEALTH PHYSICS AND INSPECTIONS - PREPARING FOR THE INSPECTION
Developing Inspection Plans (Cont'd)
• When preparing an inspection plan, the inspector needs to consider:
Access and clearance requirements
Required training
Necessary safety equipment
The opening interview
The record review
The site inspection
Slide No. 146
• Notification considerations may be more extensive for mixed waste inspections,
particularly at Federal facilities. In some cases, surprise inspections may not be
possible.
o Supervisors are responsible for ensuring that all inspectors dealing with mixed
waste have the appropriate health and safety training and the necessary clear-
ances. This includes keeping records and ensuring staff receive annual updates.
• Inspectors should determine what safety equipment is available at the facility and
what safety equipment is available through EPA.
• During the opening interview the inspector should identify site-specific issues
and be prepared to answer RCRA regulatory questions.
• Familiarize yourself with processes and unit operations before the review; they
may differ significantly from typical hazardous waste operations.
• RCRA facility checklists can be used for the actual mixed waste inspections, but
they may need to be modified. The inspector may also be able to review
NRC/DOE facility checklists.
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ON-SITE ACTIVITIES
Slide No. 147
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Entrance to Facility
• Inspectors that have obtained the necessary training and security clearance
for access need to consider the following points before entering a facility
Inspectors should carry their triaining certificates
Special safety equipment may be required
Slide No. 148
• Since NRC always retains jurisdiction over power plants, the inspector need not
worry about Agreement State requirements at commercial nuclear power plants.
• NRC licensed facilities may be required under NRC regulations to see the
appropriate training certificates from inspectors.
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Opening Discussion With Owner/Operator
• Outlines inspection objectives with the operator
• Helps the owner/operator understand and comply with RCRA regulations
• Identifies waste streams and mixed waste-generating processes
Slide No. 149
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Operations. Waste Handling, and Record Review
• Provides a more detailed understanding of operations
• Provides answers to questions the inspector assembled during
background research
• Helps identify changes in operations
• Helps identify and reconcile discrepancies between described and actual
procedures
Slide No. 150
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Determining Sampling Needs
• As with "normal" RCRA inspections, sampling is usually part of a technical
case development when non-compliance is suspected:
The inspector suspects that a waste handled only as radioactive is
actually mixed waste
There is evidence of releases
• In most cases, sampling will not be performed during routine compliance
evaluations
Slide No. 151
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Determining Sampling Needs (Cont'd)
• RCRA gives inspectors the authority to obtain samples of hazardous waste
• However, inspectors cannot order owner/operators to take samples unless it
is required by the permit or enforcement order
Slide No. 152
• From RCRA §3007: "Officers, employees, or representatives of the EPA are
authorized --
(1) to enter at reasonable times any establishment or other place where
hazardous wastes are or have been generated, stored, treated, disposed of,
or transported from;
(2) to inspect and obtain samples from any person of any such waste and
samples of any container or labeling for such wastes."
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Determining Sampling Needs (Cont'd)
• Inspectors should think ahead when determining whether to conduct mixed
waste sampling
• Mixed waste sampling is expensive and increases risks to the inspector
• Sampling should only be performed when necessary
Slide No. 153
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Determining Sampling Needs (Cont'd)
• Inspectors must be aware of requirements that may apply to mixed waste
samples
NRC or NRC Agreement State licenses
Department of Transportation and NRC transportation regulations for
both the radioactive and hazardous components
• Normal RCRA sampling procedures may need to be revised for mixed waste
Slide No. 154
• Mixed waste samples can only be taken to a facility that has an NRC license,
NRC Agreement State license, or an authorized DOE facility. In other words,
samples must go to a facility that is authorized to receive it.
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Determining Sampling Needs (Cont'd)
• Site-specific sampling considerations include:
Accessibility of the waste
- Variations in generation and handling
- Effect of transitory events such as start-up, shut-down, and maintenance
activities
Anticipated and unanticipated hazards
Slide No. 155
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Site Inspection
• The inspection is similar to a "regular" RCRA inspection; K should focus on
key aspects of the process and waste flow
• Inspectors will want to determine:
Where mixed waste is generated and whether the operator handles it as
mixed waste
What management practices exist
Whether mixed waste is misidentified or mishandled
Unusual situations
Slide No. 156
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Closing Discussion and Documentation
• Documentation and follow-up is similar to other RCRA inspections
• Follow-up for mixed waste inspections may differ from RCRA inspections:
Inspection reports -- format may vary
Other agencies may have interest in results
Other offices or agencies may be helpful in interpreting information
obtained
Slide No. 157
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ACCESS, NATIONAL SECURITY,
AND CLEARANCES
Slide No. 158
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HEALTH PHYSICS AND INSPECTIONS - ACCESS, NATIONAL SECURITY, AND
CLEARANCES
Access
• Many of the processing activities that generate DOE mixed waste are defense
related
• Access is also controlled at nuclear power plants and other nuclear facilities
• RCRA inspectors must be prepared to address access and national security
issues and will have to obtain appropriate clearances
Slide No. 159
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HEALTH PHYSICS AND INSPECTIONS - ACCESS, NATIONAL SECURITY, AND
CLEARANCES
Access (Cont'd)
• Additional radiation training may be required to gain access to some of the
larger facilities
• Regional and State inspectors should inquire, in advance, about access
requirements
• Escorted access at NRC licensed facilities
No additional training beyond EPA or OSHA requirements
• Unescorted access at NRC licensed production and utilization facilities:
Two day generic NRC training, or
Two day site-specific training
Slide No. 160
• In some cases, radiation training required for access to many NRC regulated or
DOE facilities is in addition to the training required for hazardous waste
inspections.
• An EPA inspector may either complete the site specific training or complete
NRC's generic training and supplement this with a short facility-specific briefing.
It is recommended that EPA inspectors conduct initial inspections with an escort.
• When a facility notifies the State or EPA that it is a hazardous waste handler and
the State or EPA has reason to believe the facility handles mixed waste, the
State or EPA Region should send a letter to the facility stating that they will be
conducting inspections and inquiring about training requirements and how to
access the training.
• Refer Appendix N for information on radiation training.
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HEALTH PHYSICS AND INSPECTIONS - ACCESS, NATIONAL SECURITY, AND
CLEARANCES
Access (Cont'd)
• DOE facility inspections may require national security clearances (e.g., "L" and
"Q" clearances)
• These are granted by DOE for DOE activities
• EPA personnel should contact Personnel Security staff at EPA Headquarters
for clearances
• State personnel should contact DOE
Slide No. 161
• The type of clearance depends on the classification of the information required
to be reviewed. Obtaining a security clearance will take a significant period of
time and management should plan well in advance to ensure that inspectors
have the necessary clearances.
• Inspectors should address access and clearance issues up-front as part of the
planning process, so that efforts can be made to avoid situations where access
is denied. Inspectors will have to coordinate with facility operators in advance
to determine which areas are restricted.
• EPA's policy is to meet special security or access requirements to the maximum
extent possible.
• Where information has been classified or restricted for national security or other
reasons, it must be maintained in accordance with the originating agency's
requirements.
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HEALTH PHYSICS AND INSPECTIONS - ACCESS, NATIONAL SECURITY, AND
CLEARANCES
Access Denial
• If access is denied for any reason the issue should be raised to the
appropriate levels of EPA or State management
• If access is denied for reasons other than national security, standard denial
of access procedures should be followed
• If the denial is based on national security, alternate procedures must be
followed
Slide No. 162
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HEALTH PHYSICS AND INSPECTIONS - ON-SITE ACTIVITIES
Inspection Summary
• Mixed waste inspectors must consider additional factors beyond those of
other RCRA inspections:
Health and safety
Coordination and information sources
Additional requirements (training, sampling, etc.)
• Best way to handle mixed waste inspections is to plan thoroughly and to
utilize the resources available to become more familiar with the particulars of
each type of mixed waste inspection
Slide No. 163
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c/) o
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PERMITTING MIXED WASTE FACILITIES
Slide No. 164
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PERMITTING MIXED WASTE FACILITIES - BACKGROUND
Objectives
• Identify similarities in objective and scope of the RCRA and AEA
permit/license requirements
• Highlight areas of potential differences between RCRA and AEA requirements
• Encourage use of flexibility in applying RCRA permit standards
Slide No. 165
• This section compares NRC and EPA permitting/licensing requirements. DOE
orders were not incorporated into this comparison:
-- DOE orders are consistent with, but more general than NRC requirements, and
DOE orders incorporate RCRA requirements.
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PERMITTING MIXED WASTE FACILITIES - BACKGROUND
Overview of Regulatory Schemes
• NRC guidance specifies standards based on the potential radiological hazard
contained in the system (i.e., low-level or high-level)
• RCRA regulatory standards are based on unit type (e.g., tanks or landfill)
Slide No. 166
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PERMIT PROCEDURES
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PERMITTING MIXED WASTE FACILITIES - PERMIT PROCEDURES
Applicability
• DOE facilities and NRC/Agreement State licensees must comply with all
applicable Federal, State, and local regulations concerning any toxic or
hazardous properties of the waste
• Owners/operators of mixed waste facilities must obtain RCRA permits
Slide No. 168
• NRC issues licenses for disposal facilities and production and utilization facilities,
and for the possession and use of source, by-product, and special nuclear
material. These licenses contain very specific requirements which are part of
NRC's comprehensive program to ensure radioactive materials are handled
safely. This section will simply highlight some of these requirements and
compare them to EPA requirements to provide EPA personnel with information
so they can prepare themselves for regulating mixed wastes.
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PERMITTING MIXED WASTE FACILITIES - PERMIT PROCEDURES
The Application
• NRC license and EPA permit information requirements overlap to some
extent; however, each serves a different purpose
• Specific information required for a RCRA Part A permit includes:
- Type, annual quantity, and processes to be used for each hazardous
waste
SIC codes
List of other permits received or applied for
Slide No. 169
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PERMUTING MIXED WASTE FACILITIES - PERMIT PROCEDURES
The Application (Cont'd)
• Specific information required for a RCRA Part B permit application includes:
Chemical and physical analyses
Copy of the waste analysis plan
Description of precautions to prevent accidental ignition or reaction
Ground-water monitoring information
Information requirements for each type of process unit
Slide No. 170
• NRC's licensing procedures generally require an appropriate Environmental
Monitoring Program and a Radiation Safety Program, which include monitoring of
any radioactive effluents. These programs may not provide all the information
necessary to satisfy RCRA's permit application requirement for ground-water
monitoring information.
• The detailed and extensive Part B information requirements for each type of
process unit are not included in NRC's regulatory requirements. NRC, however,
has general authority to require additional information.
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PERMITTING MIXED WASTE FACILITIES - PERMIT PROCEDURES
Public Participation
• Public participation requirements such as public notice, public comment, and
public hearings are incorporated into both EPA and NRC regulations
• All NRC licensing actions are subject to requests for hearings by affected
parties
• The processes are similar although the specific procedures and the timing
differ
Slide No. 171
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PERMITTING MIXED WASTE FACILITIES - PERMIT PROCEDURES
Timeframe for Permit Issuance
• RCRA final permit decisions are issued after the close of the public comment
period on the draft permit
• NRC final license decisions (for production and utilization facilities) are issued
after formal evidentiary hearing
Slide No. 172
• There are no specific timeframes for issuing final decisions under RCRA or NRC
regulations.
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TECHNICAL PROCESS REQUIREMENTS:
TANKS AND CONTAINER STORAGE
Slide No. 173
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PERMITTING MIXED WASTE FACILITIES - TANKS AND CONTAINER STORAGE
Tank and Container Requirements
• EPA and NRC container requirements are consistent
• Compliance with NRC standards may yield tanks that are in compliance with
RCRA
Slide No. 174
• NRC tanks have provisions to monitor liquid levels, raise alarms at high level
setpoints, and withstand the corrosive nature of wet waste.
• RCRA secondary containment requirements include a combination of containment
system and design to prevent uncontrolled releases.
• Storage structures at NRC licensed facilities and at EPA permitted facilities are
required to have curbs or elevated thresholds with floor drains and sumps.
• NRC requirements may in many cases yield a facility that meets all applicable
RCRA requirements; however, a separate evaluation for compliance with RCRA
will be necessary in all cases.
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PERMITTING MIXED WASTE FACILITIES - TANKS AND CONTAINER STORAGE
Tank and Container Requirements(Cont'd)
• Response to leaks or spills from tanks:
NRC storage areas are designed to handle accidents, and provisions are
incorporated to route spilled wet waste to treatment systems
RCRA permit contingency plans must include procedures for response
Slide No. 175
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PERMITTING MIXED WASTE FACILITIES - TANKS AND CONTAINER STORAGE
Facility Self-Inspection Requirements
• NRC requires that storage facilities implement a range of inspection
techniques designed to minimize occupational exposure:
Surveillance program capable of prompt detection of failure and
measurement of releases
Quarterly visual inspections, TV monitors, walk-throughs, representative
containers
• EPA requires that facilities implement specific self-inspection measures:
Inspection log
Daily and weekly inspections
Slide No. 176
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PERMITTING MIXED WASTE FACILITIES - TANKS AND CONTAINER STORAGE
Consideration:
• EPA maintains a practice of conducting walk-through inspections, which
may not be feasible when inspecting mixed waste facilities
Options to resolve differences:
• A mixed waste storage facility could be designed to accommodate RCRA
walk-through inspections
• An owner/operator could obtain clarification from EPA that the types of
inspections allowed by NRC are adequate for RCRA requirements
Slide No. 177
• The EPA practice of walk-through inspections may conflict with NRC policy;
however, at many mixed waste facilities walk through inspections will not be a
problem. In addition, walk-through inspections are not specifically required in
RCRA. Other means of inspecting a facility will satisfy EPA regulations. The
ALARA process should not be degraded.
• Before EPA personnel suggest an alternative design for a mixed waste storage
facility, they should consider the rationale behind the original design. For
example, low-level waste containers may be used as shielding for high-level
waste containers, and thus, segregating the storage area may not be the most
practical solution.
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TECHNICAL PROCESS REQUIREMENTS:
INCINERATION
Slide No. 178
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PERMITTING MIXED WASTE FACILITIES - INCINERATION
• Incineration is licensed by NRC and permitted by EPA on a case-by-case
basis under national performance standards
Slide No. 179
• Biomedical wastes which meet the requirements of 10 CFR 20.306 may be
incinerated without an NRC license. This provision allows disposal or
incineration without regard to radioactivity, if the radioactivity of the waste is
below regulatory concern.
• NRC licensees must comply with EPA regulations governing the incineration of
any hazardous or toxic property of wastes that meet the 40 CFR Part 261
definition of hazardous waste.
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PERMITTING MIXED WASTE FACILITIES - INCINERATION
Recordkeeping
• NRC and EPA require records of:
Waste disposal
Emission releases
Slide No. 180
• NRC requires that:
Records of disposal of licensed materials are to be maintained until NRC
authorizes their disposition [10 CFR 20.401(c)(3)].
Records of the results of surveys used to evaluate the release of radioactive
effluents to the environment must be maintained until NRC authorizes their
disposition [10 CFR 20.401 (c)(2) (iii)].
• EPA requires the owner or operator to keep a written operating record at the
facility until closure. The operating record must include:
A description and quantity of the waste received with the methods and
dates of its disposal;
The location and quantity of the waste within the facility;
Results of waste analysis;
Monitoring, testing, or analytical data, if required;
Notices to generators, for off-site facilities;
Summary reports and details of incidents that require contingency plan
implementation; and
Closure cost estimates [40 CFR 264.73].
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PERMITTING MIXED WASTE FACILITIES - INCINERATION
Performance Requirements
• NRC performance requirements specify maximum concentration levels in
emission
• EPA's performance requirements generally are "percent reduction" standards
Slide No. 181
EPA permitted incinerators must achieve a destruction and removal efficiency
(DRE) of either 99.99% or 99.9999% depending on the constituents of concern.
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PERMITTING MIXED WASTE FACILITIES - INCINERATION
Operating Requirements
• NRC and EPA specify license/permit operating requirements which will meet
the performance requirements
NRC lists numerical guides for limiting conditions for operations in
nuclear power plants
All other NRC licensees comply with ALARA on a case-specific basis
EPA lists specific operating requirements
Slide No. 182
• NRC lists numerical guides for limiting conditions for operations to meet ALARA
(i.e., as low as reasonably achievable) criteria for radioactive material in nuclear
power plant effluents. All other licensees comply with ALARA on a case-specific
basis. [10 CFR Part 50, Appendix I]
• EPA lists specific operating requirements, including the requirement that the
fugitive emissions from the combustion zone must be controlled by either
keeping the combustion zone sealed against fugitive emissions, maintaining a
combustion zone pressure lower than atmospheric pressure, or an alternative
means of control. [40 CFR 264.345(d)]
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PERMUTING MIXED WASTE FACILITIES - INCINERATION
Monitoring
• NRC requires each licensee to survey emissions to evaluate the extent of
radiological hazards that may be present
• EPA requires the owner or operator to conduct continuous monitoring as well
as sampling and analysis upon request of the Regional Administrator
Slide No. 183
• NRC requires that each licensee survey emissions to remain in compliance with
the regulations in 10 CFR Part 20 and to evaluate the extent of radiological
hazards that may be present. [§20.201]
NRC also has other specific requirements for certain types of licensees.
• EPA monitoring requirements include the requirement that the owner or operator
must conduct the following monitoring:
Combustion temperature, waste feed rates, and gas velocity on a continuous
basis;
Carbon monoxide at a point in the incinerator downstream of the
combustion zone and prior to release to the atmosphere on a continuous
basis; and
Sampling and analysis of the waste and exhaust emissions upon request of
the Regional Administrator. [40 CFR 264.347(a)]
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PERMITTING MIXED WASTE FACILITIES - INCINERATION
Consideration:
o EPA and NRC requirements for incinerators are developed on a case-by-
case basis
- Incorporating both sets of regulations is relatively easy
Slide No. 184
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TECHNICAL PROCESS REQUIREMENTS:
DISPOSAL
Slide No. 185
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PERMITTING MIXED WASTE FACILITIES - DISPOSAL
NRC Licenses for Disposal
• Source, by-product, and special nuclear material licenses may allow for
disposal:
On-site, if disposal process is approved by NRC, or
Into sanitary sewerage system, if the waste meets certain criteria
• Waste that meets certain quantity and type specifications may be disposed of
without regard to its radioactivity
• Disposal of low-level radioactive waste received from other persons (i.e.,
commercial disposal) requires a separate disposal license
Slide No. 186
• On-site disposal is allowed if disposal process is approved by NRC. [10 CFR
20.302]
Licensee or applicant must submit an application for approval of the
proposed disposal. The application must include a description of the
licensed material, any other radioactive material involved, the proposed
manner and conditions of disposal, an analysis and evaluation of pertinent
information as to the environment, usage of ground and surface waters in
the general area, the nature of other potentially affected facilities, and the
procedures to be observed to minimize the risk of unexpected or hazardous
exposures.
• Disposal into a sanitary sewerage system is allowed, if the waste is readily
soluble or dispersible in water and meets specific quantity limitations. [10 CFR
20.303]
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PERMITTING MIXED WASTE FACILITIES - DISPOSAL
Typical NRC Disposal Practice
• "Near surface" disposal involves disposal into the uppermost portion of the
earth (i.e., within approximately 30 meters of the surface)
• High-integrity containers can be used
• Design and operating requirements minimize migration of radiological
contamination
Slide No. 187
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PERMITTING MIXED WASTE FACILITIES - DISPOSAL
Objectives
• NRC - Water contact with radioactive waste should be minimized
• EPA - Contaminants should not leach from the unit
Slide No. 188
• NRC emphasizes the prevention of enterance of liquids into the unit.
• EPA emphasizes the prevention of release of hazardous constituents from the
unit.
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CONCEPTUAL DESIGN OF A MIXED WASTE
DISPOSAL FACILITY
FINAL COVER
DOUBLE LINERS 8 LCRS
BERM
LEACHATE COLLECTION MANIFOLD
LEACHATE COLLECTION TANK
LEACHATE COLLECTION
PIPES
LEAK DETECTION TANK
Slide No. 189
• The conceptual design of a mixed waste disposal facility requires that mixed low-
level waste be placed above the original ground surface in tumulus and blended
into topography. The conceptual design integrates two liners and a leachate
collection system and minimizes contact between waste and water. The design
also assures long-term stability while minimizing the need for active maintenance
after site closure.
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PERMITTING MIXED WASTE FACILITIES - DISPOSAL
Liners
• NRC regulations do not specify liner requirements
• NRC regulations do not specify leachate collection and removal requirements
• Emphasis is on eliminating infiltration of liquids into the unit
Slide No. 190
• Caution must be taken to prevent a "bathtub effect" from the use of RCRA liners
in mixed waste units whereby the waste could become immersed in water within
the disposal unit due to a low permeability bottom surface.
• RCRA systems for leachate collection and removal must be installed above and
between double liners.
• NRC emphasizes eliminating the infiltration of liquids into the unit to create a
passively protective system where the need for active maintenance is minimized.
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PERMITTING MIXED WASTE FACILITIES - DISPOSAL
Consideration:
• EPA and NRC design and operating requirements are based on different
objectives
• Incorporating both sets of objectives into one facility may be difficult
Slide No. 191
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PERMITTING MIXED WASTE FACILITIES - DISPOSAL
Options to resolve differences:
• Exceptions to EPA's double liner and leachate collection system
requirements allowed if:
- Alternate design and operating practices, and
Location characteristics are demonstrated to the Regional
Administrator's satisfaction
Slide No. 192
• Alternatives are to be demonstrated to the Regional Administrator to be equally
effective in preventing the migration of any hazardous constituents into the
ground water or surface water. (Refer to Appendix O; OSWER Directive 9487.00-
8: Joint NRC-EPA Guidance on a Conceptual Design Approach for Commercial
Mixed Low-Level Radioactive and Hazardous Waste Disposal Facilities. August 3,
1987.)
• Also see Appendix P; OSWER Directive 9480.00-14: Combined NRC/EPA Siting
Guidelines for Disposal of Commercial Mixed Low-Level Radioactive and
Hazardous Waste. June, 1987.
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CONCEPTUAL DESIGN OF DOUBLE LINER AND
LEACHATE COLLECTION SYSTEM AT A MIXED WASTE
DISPOSAL FACILITY
SEPARATION TO ASSURE
LEACHATE FLOW INTO LCRS
PERIMETER BERM FOR
LEACHATE RUNOFF CONTROL
BOTTOM OF
WASTE '
PRIMARY LCRS
TOP UNER
(FLEXIBLE MEMBRANE
LINER-FM.)
LEACHATE DETECTION
COLLECTION, AND
REMOVAL SYSTEM
BOTTOM UNER
(COMPOSITE FMLA
COMPACTED CLAY)
Tha compacted clay layer ts to ba a minimum 3 foot In tNcknau and have
a hydraulic conductivity lass than 1 * 10 "7 crrvsac
- BACKFILL
- SOIL
SURFACE
- GROUND
WATER
Slide No. 193
• Perimeter berm for leachate runoff control assures that leachate is collected
below waste. In addition, the bottom elevation of solidified waste is required to
be above top of perimeter berm.
• Using this design for a double liner and leachate collection system will satisfy
the NRC requirement to minimize contact of waste with water is fulfilled.
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PERMITTING MIXED WASTE FACILITIES - DISPOSAL
Covers
• NRC covers must limit the radiation dose rate at the surface of the cover
• Mixed waste containing Class C waste must be under cover of sufficient
thickness to protect against inadvertent intrusion
Slide No. 194
• NRC regulations (10 CFR 61.52) specify that waste must be placed and covered
in a manner that limits the radiation dose rate at the surface of the cover to
levels that at a minimum will permit the licensee to comply with the provisions of
10 CFR 20.105.
• 10 CFR 20.105 specifies the permissible levels of radiation in unrestricted areas.
• Both NRC and EPA covers are designed to:
Minimize infiltration,
Promote drainage,
Minimize erosion, and
Require minimum maintenance.
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CONCEPTUAL DESIGN OF A COVER SYSTEM
AT A MIXED WASTE DISPOSAL FACILITY - FIGURE A
AREA REGRADED FOLLOWING
POST-CLOSURE CARE PERIOD
Slide No. 195
• Additional compacted clay liner should be placed immediately above emplaced
waste if solidified waste zone does not consist of engineered vault structure with
a top roof.
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CONCEPTUAL DESIGN OF A COVER SYSTEM
AT A MIXED WASTE DISPOSAL FACILITY -- FIGURE B
FML
COMPACTED CLAY
SLOPE DESIGNED FOR
LONG-TERM STABILITY
FILTER & DRAINAGE LAYER
ROCK OR VEGETATIVE COVER
PIPES CUTOFF AT SLOPE FOLLOWING
POST-CLOSURE CARE PERIOD
SURFACE DRAINAGE CHANNEL,
PRIMARY LCRS COLLECTION PIPE
LEACHATE DETECTION PIPE
COMPACTED CLAY
\ PERIMETER BERM FOR
LEACHATE CONTROL
SEPARATION TO ASSURE
LEACHATE ROW INTO LCRS
Slide No. 196
• Conceptual design of a cover system at a mixed waste disposal facility consists
of:
An outer rock or vegetative layer,
A filter and drainage layer to transmit infiltrating water,
An impervious flexible membrane liner (FML) overlying a clay liner, and
A filter and drainage layer beneath the clay liner.
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TECHNICAL PROCESS REQUIREMENTS:
MISCELLANEOUS UNITS
Slide No. 197
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PERMITTING MIXED WASTE FACILITIES - MISCELLANEOUS UNITS
• Miscellaneous treatment units (Subpart X) may be used to treat mixed waste,
provided the unit is authorized to treat radioactive material
• Subpart X units must prevent migration of waste constituents to:
ground water or subsurface environment
surface water, wetlands, or soil surface
air
• NRC design should minimize contact of water with waste
Slide No. 198
• There are several examples of miscellaneous units that may be applicable to
mixed waste considerations.
Geological repositories - includes salt mines, caves, and domes, as long
as they are not underground injection wells.
Certain chemical, physical, or biological treatment units for which there are
no standards, and certain types of thermal treatment units.
• EPA can apply any appropriate regulations to a Subpart X unit.
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PERMITTING MIXED WASTE FACILITIES - MISCELLANEOUS UNITS
Consideration:
• In some cases, the unique design approaches used to treat, store, and
dispose of mixed waste may be more appropriately identified as
miscellaneous units
Slide No. 199
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OTHER REGULATORY REQUIREMENTS
Slide No. 200
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Omnibus Provision
• The omnibus provision of RCRA allows EPA to incorporate any requirements
the Administrator determines to be necessary to protect human health and
the environment
Slide No. 201
Permit writers may incorporate any requirement linked to the management of
hazardous constituents (but not broadening the regulated universe) if it is based
on protection of human health and the environment (§3005(c)(3)).
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Location Standards
• Hydrologic criteria and long-term stability criteria are generally consistent
between EPA and NRC programs
• Both EPA and NRC require that a disposal site be suitable for conducting
analysis to determine whether performance standards can be met
Slide No. 202
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Ground-Water Protection Standards
• EPA and NRC both have the objective of minimizing contamination of the
ground water
• EPA and NRC both require:
Ground-water monitoring
Evaluation of the impact and corrective measures
• EPA and NRC requirements differ in some respects
Point of compliance
Slide No. 203
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Corrective Action - Plans
• Commercial NRC disposal facilities must have plans for taking corrective
measures as well as plans for decontamination
• Beyond the requirement to submit decommissioning plans in advance,
remedial activities, if necessary, are developed and required on a site-specific
basis
Slide No. 204
• Commercial NRC disposal facilities are required to submit plans at the time of
license application to account for the possibility of needing corrective measures
if migration of radionuclides indicates that performance objectives may not be
met.
• Licensees of source, by-product, and special nuclear materials must submit
plans when applying for site closure for decontamination, only as regards
residual radioactive contamination remaining at the time the license expires.
Licenses are not terminated until radioactivity levels are suitable for unrestricted
use.
• There is a distinction between decommissioning and corrective action as used in
the RCRA sense.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Consideration:
• Permit writers need to consider the extent of sampling to determine the
rate and extent of releases, given the potential risk associated with
radioactive mixed waste
Options to resolve differences:
• Limited sampling
• Model fate and transport
Slide No. 205
• Permit writers may require an NRC licensee (or DOE facility) to sample mixed
waste; however, in determining the necessary level of sampling, they should
consider the potential risks involved with such sampling and analysis due to
radioactivity.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Waste Analysis
• EPA requires owners/operators to obtain a detailed physical and chemical
analysis of a representative sample of their waste
• NRC requires the license application for disposal facilities include a
description of the radioactive materials proposed to be received and disposed
of at a land disposal facility
Slide No. 206
• Waste analysis is required to assure that owner/operators have sufficient
information on the properties of the waste to be able to treat, store, or dispose
of the waste in a safe and appropriate manner.
• The waste analysis may include data developed by the generator and existing
published or documented data on the hazardous waste or on hazardous waste
generated from similar processes.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Waste Analysis (Cont'd)
• RCRA waste analysis plans should incorporate information from applicable
DOE or NRC requirements concerning sampling and testing
• If the owner/operator has to sample and analyze the waste, all necessary
mixed waste testing must be conducted in laboratories licensed to handle
radioactive waste
• Only testing of a representative sample of the waste is required to ensure
proper waste management
Slide No. 207
Note, for DOE facilities waste analysis may be conducted at a DOE facility
approved for radioactive testing.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Considerations:
• Sample size
• Exposure
Options to resolve differences:
• Rely on knowledge of process to the extent possible
• Limit sampling activities to the minimum necessary
• Invoke alternative test methods as appropriate (40 CFR 260.21)
Slide No. 208
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Land Disposal Restrictions (LDRs)
• Mixed waste containing scheduled waste will not be restricted until the Third
Third rule (i.e., May 8, 1990)
The EPA Administrator may grant a national capacity extension based on
insufficient capacity nationwide
• Mixed waste containing California List waste and Solvent and Dioxin waste is
restricted from land disposal unless treated
Slide No. 209
• The LDRs may restrict the storage of some mixed wastes.
• A treatability variance submitted by a generator because treatment of mixed
waste containing a restricted waste is impractical must fulfill the requirements of
40 CFR 268.44.
• A petition submitted by a generator to demonstrate that there will be no
migration of the hazardous constituents in mixed waste must comply with the
requirements of 40 CFR 268.6.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Consideration:
• There are difficulties involved in treating mixed waste in order to comply
with the LDRs
Options to resolve differences:
• The generator may submit petition for a treatability variance
• A facility may submit a no migration petition
Slide No. 210
» A facility may submit a no migration petition demonstrating that there will be
no migration for as long as the waste remains hazardous. If this petition is
approved by the Administrator the facility will be exempt from the LDRs.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Closure and Post-Closure - Planning
• Written closure plans are required for commercial NRC disposal facilities
• Written decommissioning plans are required for other source, by-product, and
special nuclear material licensees
• Written closure plans are required for all processes under RCRA
Slide No. 211
• NRC decommissioning is comparable to RCRA closure.
• RCRA requirements and guidance for post-closure care are prescriptive.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Closure and Post-Closure - Planning (Cont'd)
• NRC closure is intended to prepare the facility so ongoing active maintenance
is not required during the 100-year period of institutional control
• EPA closure is intended to minimize the need for further maintenance and to
control or eliminate releases
• Prior licensing, facilities must make arrangements for State or Federal
institutional control for responsibility for post-closure care
• RCRA post-closure plans must be submitted with permit application or
submitted independently if closure occurs prior to permitting
Slide No. 212
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Closure
• Closure requirements for NRC disposal facilities address:
Maintenance of package integrity during waste emplacement
Minimization of void spaces between packages
Depth of waste emplacement
Covering the waste
Boundaries of the disposal unit
Buffer zones
Slide No. 213
• NRC closure concerns for disposal facilities are similar to RCRA's.
• Non-radioactive waste is not necessarily addressed in NRC closure plans.
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PERMUTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Decommissioning
• Decommissioning requirements for NRC licensees of source, by-product, or
special nuclear materials involve:
Removing facility safely from service
Reducing residual radioactivity levels so the area is suitable for
unrestricted use
Slide No. 214
Non-radioactive waste at an NRC facility is not subject to decommissioning
requirements.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Closure ¦ Plan Approval
• Detailed plans are approved by NRC just prior to final closure
• RCRA closure plans are approved as part of permit issuance proceedings
and continually updated, as changes at the site necessitate
Slide No. 215
RCRA also requires closure plans to be submitted independently if a facility
plans to close before permit issuance.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Closure • Triggers
• Final decommissioning or final closure of an NRC facility is triggered by:
License expiration if not renewed
Cessation of operations
• EPA closure period is triggered by the receipt of the final volume of
hazardous waste, or
Permit is revoked or expires and not reissued
Cessation of operations
Slide No. 216
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Post-Closure Care
NRC requirements:
• Five years post-closure observation and maintenance by licensee
• Beyond this five-year period active ongoing maintenance is not required
• Transfer license to site owner (i.e., Federal or State government)
• In the license review a maximum of 100 years of institutional control may
be considered
Slide No. 217
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
.
Slide No. 218
Post-Closure Care/Lonq-Term Care Activities
Institutional control requirements are not inconsistent with RCRA's post-
closure care requirements
Length of both the 100-year and the 30-year periods may be reduced
The 30-year post-closure care period under RCRA may also be extended
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Financial Responsibility
• Commercial NRC disposal facilities must provide financial assurances for:
Closure and stabilization
Institutional control
• Source, by-product, and special nuclear licensees must provide financial
assurances for:
Decommissioning
Slide No. 219
• Financial responsibility requirements do not apply to Federal facilities (DOE
managed facilities).
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Financial Responsibility - Closure
• NRC (for commercial disposal facilities) and EPA both specify allowed
mechanisms
NRC specifies many of the same mechanisms allowed under RCRA
NRC coverage amounts, like RCRA's, are based on required cost
estimates
I I
Slide No. 220
• NRC specifies many of the same mechanisms as allowed under RCRA, including:
Surety bonds,
Irrevocable letters or lines of credit,
Trust funds, and
Combinations of the above.
• Similar to estimates of coverage amounts under RCRA, coverage amounts for
NRC licenses are based on required cost estimates.
NRC cost estimates must reflect the activities in NRC-approved plan for
disposal site closure and stabilization.
NRC cost estimates must take into account total capital costs that would be
incurred if an independent contractor were hired to perform the closure and
stabilization work.
• Coverage under NRC is for the five-y^&i- post-closure observation and
maintenance period as well as for the site closure and stabilization.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Financial Responsibility - Long-Term Care
• Commercial NRC disposal license applicants must demonstrate a "binding
agreement" with the site owner (i.e., Federal or State government):
Agreement must show that sufficient funds are available to cover cost of
institutional controls
Mechanisms will be specified
Slide No. 221
• Prior to the issuance of the license, commercial NRC disposal license applicants
must demonstrate a "binding agreement," such as a lease, with the owner (i.e.,
the Federal or a State government) that ensures sufficient funds are available to
cover the cost of monitoring and any required maintenance during the
institutional control period.
• The binding agreement must be approved by NRC prior to license issuance and
reviewed by NRC periodically to ensure that changes in inflation, technology,
and disposal facility operations are reflected in the agreement.
Amount of funds is not specified in the regulation but generally would be based
on required cost estimates.
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PERMUTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Financial Responsibility - Liability
• There are no NRC liability coverage requirements, although requirements are
being considered
• The three licensed commercial disposal facilities have liability coverage
• Owner/operators of mixed waste facilities must obtain coverage for third-party
liability
Slide No. 222
• The liability coverage for the three operating commercial disposal facilities is
applicable only to liability from radioactive hazards, and excludes claims
resulting from hazardous waste.
• In Agreement States, low-level radioactive disposal facilities may be subject to
State liability assurance regulations. However, coverage pursuant to such
regulations may be limited to third-party claims resulting from exposure to
radionuclides and would thus exclude claims resulting from hazardous waste.
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PERMITTING MIXED WASTE FACILITIES - OTHER REGULATORY
REQUIREMENTS
Consideration:
• NRC and EPA financial coverage requirements are similar, and in some
cases NRC licensees may already have overlapping coverage
Slide No. 223
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PERMITTING MIXED WASTE FACILITIES - CONCLUSION
Summary
• Similarities between NRC and EPA requirements are extensive
• Permitting objectives can be met with a flexible approach to detailed
requirements
Slide No. 224
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PERMITTING MIXED WASTE FACILITIES - SKJ FACILITY CASE STUDY
Provide explanation and resolution for four issues
GOALS
The goals of this case study are to:
• Highlight a few issues that may require special consideration when permitting mixed waste
facilities.
• Point out specific instances where standard RCRA permitting procedures may need to be
modified.
• Emphasize that there are no universal answers to many mixed waste permitting questions.
CONTENTS
• Portions of a Part B Permit Application (2 background pages)
-- Facility Description and Waste Acceptance Criteria
-- Facility Floor Plan
• Questions (4 issue/answer pages)
-- Waste Analysis Plan (3 Issues)
- Waste Characterization
- Sampling Procedures
- Analytical Test Methods
-- Facility Self-Inspection and Monitoring Procedures (1 Issue)
INSTRUCTIONS
• Break up into small discussion groups.
• Review the background, assumptions, and reminders about the SKJ facility case study on
pages 2 and 3.
o Review the map and facility schematic on page 3.
• Review the excerpts from the Part B Permit for the SKJ facility in the left column of pages 4-
7.
• Evaluate whether or not the permit excerpts are appropriate for a mixed waste facility by
focusing on the Key Areas identified in the text boxes. Discuss the issue in small groups
and briefly write down in the right column of pages 4-7 why you think this issue is
particularly important for mixed waste facilities and how the issue might be resolved.
• Keep in mind that there may be several "correct" answers.
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BACKGROUND, ASSUMPTIONS, AND REMINDERS
• Everything needed is included in this packet. Do not consider the impact of other issues
not addressed in the packet unless they are directly relevant to the specified issue,
• Assume the Part B permit application is complete.
• Remember, EPA's position is that the RCRA requirements are technically consistent with the
AEA requirements. AH RCRA regulations that apply to hazardous waste facilities apply to
mixed waste facilities; facilities must meet AEA requirements as well as RCRA requirements.
• The design and operation of this facility is in compliance with both NRC and RCRA
regulations.
• Permit writers should watch for provisions in the permit application that reflect standard
RCRA procedures that do not take into account the unique aspects of mixed waste. Permit
applications for mixed waste facilities should seek appropriate alternatives to "business as
usual" operations.
Facility Description and Waste Acceptance Criteria
• SKJ Power Co. is a nuclear power plant with a design electric rating of 800 megawatt
electric capacity (MWe). It is located in a non-residential area of a medium size southern
city (Skalesville; population 150,000). SKJ Power Co. has been operating since 1973 and is
one of the primary power suppliers for the city.
o The state is authorized for both corrective action and mixed waste. SKJ Power Co. holds an
NRC license.
• SKJ Power Co. is submitting a permit application for the operation of a new, hazardous and
low-level radioactive mixed waste storage facility. This is an on-site private storage site (i.e.,
no non-SKJ waste is received at the facility).
• The storage facility will be within the property confines and will include the reactor buildings,
the turbine hall, the buildings housing the Waste Generation Office and the Waste
Management Office, and a storage pad. The topography around the plant is relatively flat
with grass and shrubs.
• The storage pad is an uncovered concrete pad measuring 64' x 193'. The storage facility
may accept up to 125,000 gallons of waste, and the number of 55-gallon drums may not
exceed 3,000. The storage area is sloped to drain and remove liquid resulting from
precipitation. A 1,000 foot boundary around the storage site has been located on the
attached drawings.
• The Waste Generation Office of SKJ Power Co., packages the waste, and ships it to SKJ's
Waste Management Office, which operates the storage site.
• Wastes will be stored either in solid metallic forms (e.g., plates or blocks), granular or
powdered solids, or as immobilized wastes in a cement matrix. The waste is packaged in
metal disposal containers.
• Lead, cadmium, chromium, and organic liquids immobilized in a cement matrix are the
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principal hazardous constituents in the waste that will be sent to the SKJ storage facility.
No liquid waste or waste containing free liquids will be stored at this site.
None of the wastes accepted at this storage facility are incompatible. Adherence to the
Waste Analysis Plan will ensure that no reactive, ignitable, or incompatible wastes will be
stored at the facility. For this reason, no special precautions such as waste segregation and
protection from sources of ignition or reaction will be required at the facility.
The radiation level of the waste must be less than 300 mrem/hr at 3 inches to be received
at the facility.
All waste analysis will be conducted using an off-site NRC licensed laboratory in nearby
Skalesville.
SKJ Power Co
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CASE STUDY WORKSHEET #1
EXCERPT FROM PART B PERMIT
ARE THE PART B PROVISIONS APPROPRIATE FOR MIXED
WASTE? WHY/WHY NOT? WHAT PROVISIONS SHOULD BE
DIFFERENT?
Waste Analysis Plan - Waste Characterization
KEY AREAS:
"The SKJ Waste Generation Office is required to complete
a Hazardous Waste/Mixed Waste Storage Record Sheet for all
hazardous and non-hazardous wastes. The Waste Generation
Office must provide a detailed analysis of the waste based on
composition of the products constituting the waste and its
physical properties. The Waste Generation Office is not only
required to identify hazardous wastes, it must also provide all
information necessary for safe and appropriate storage of the
waste and for assuring that all wastes meet or exceed
applicable restrictions (e.g. land disposal restrictions).
The Record Sheet will be completed by using the following
steps:
1. Scope of waste requiring analysis
1. Reviewing all available information on the raw materials
used and actual or similar process(es) generating the
waste material; and/or
2. SKJ Waste Generation Office responsibility
2. Analyzing a representative sample of waste for specified
physical and chemical parameters to identify the waste as
either listed or characteristic hazardous waste. If the
waste is determined to be ignitable, reactive, or corrosive,
it is not a candidate for disposal at the SKJ storage
facility."
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CASE STUDY WORKSHEET #2
EXCERPT FROM PART B PERMIT
ARE THE PART B PROVISIONS APPROPRIATE FOR MIXED
WASTE? WHY/WHY NOT? WHAT PROVISIONS SHOULD BE
DIFFERENT?
Waste Analysis Plan - Samplinq Procedures
KEY AREAS:
"If the Waste Generation Office has insufficient knowledge
to adequately characterize the waste, a representative sample is
required from each waste source. Samples are to be obtained
from all the containers containing a particular type of waste
unless otherwise specified by the Waste Generation Office
Operator. These samples will be bulked into a composite
sample and an analysis will be made on a sample of the bulked
1. Sampling frequency
composite."
Routinely Generated Waste
2. Bulking samples
"Several of the wastes to be stored at the facility will be
generated on an ongoing basis. After initial characterization, the
physical and chemical characteristics of these wastes will be
known within narrow limits. These wastes will be reanalyzed on
an annual basis at a minimum to confirm the characteristics of
these wastes. If a process change occurs, the waste will be
reanalyzed before any additional waste is accepted for storage."
3. Method for review of routinely generated
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CASE STUDY WORKSHEET #3
EXCERPT FROM PART B PERMIT
ARE THE PART B PROVISIONS APPROPRIATE FOR MIXED
WASTE? WHY/WHY NOT? WHAT PROVISIONS SHOULD BE
DIFFERENT?
Waste Analysis Plan - Analytical Test Methods
"If waste analysis is required, representative samples will
KEY AREAS:
be analyzed by an NRC-licensed laboratory to determine the
physical and chemical characteristics of the waste or its
hazardous components using the analytical procedures specified
in SW-846, Test Methods for Evaluation of Solid Waste," or
equivalent methods."
1. Standard test procedures
3. Use of an NRC licensed laboratory
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CASE STUDY WORKSHEET #4
EXCERPT FROM PART B PERMIT
ARE THE PART B PROVISIONS APPROPRIATE FOR MIXED
WASTE? WHY/WHY NOT? WHAT PROVISIONS SHOULD BE
DIFFERENT?
Facility Self Inspections and Monitoring
KEY AREAS:
"The weekly inspection of the containers in storage will be
conducted using closed circuit TV monitors located as indicated
in the attached drawing. These inspections should be
documented in an inspection log, and should include the
following information:
• Condition of containers and pallets -- corrosion,
other deterioration, physical damage, leakage,
proper bungs.
« Housekeeping - area straight and orderly.
Proper containers used."
1. Obtaining an EPA decision on the use of TV
2. Monitoring for proper labeling and storage
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MIXED WASTE TRAINING COURSE
Supplemental Information
Presented by:
Office of Solid Waste
U.S. Environmental Protection Agency
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RCRA Mixed Waste Training Course
Supplemental Information
• Mixed Waste Training Course Summary Outline
• List of Relevant Acronyms
Appendices
A Joint EPA/NRC Guidance on the Definition and Identification of Commercial Mixed Low-Level
Radioactive and Hazardous Waste (Directive Number 9432.00)
B State Authorization to Regulate the Hazardous Components of Radioactive Mixed Waste Under
the Resource Conservation and Recovery Act. July 3, 1986. (51 FR 24504)
C Radioactive Waste: Byproduct. May 1, 1987. (52 FR 15937)
D Clarification of Interim Status Qualification Requirements for the Hazardous Components of
Radioactive Mixed Waste. September 23, 1988. (53 FR 37045)
E Fact Sheet and EPA Memorandum - Permitting Deadlines for Mixed Waste Storage and
Treatment Units
F Fact Sheet and EPA Memorandum - Mixed Waste Regulation in Authorized States
G Fact Sheet - ORP Standards
H NRC Regional Offices - Addresses and Telephone Numbers
I DOE Operations Offices - Addresses and Telephone Numbers
J List of Mixed Waste Contacts
K DOE Orders: Hazardous and Radioactive Mixed Waste Program. February 22, 1989 (DOE
5400.3); Environment. Safety, and Health Program for Department of Energy Operations.
September 23, 1986 (DOE 5480.1B); Radioactive Waste Management. September 26, 1989
(DOE 5820.24); General Environmental Protection Program. November 9, 1988 (5400.1)
L RCRA Section 1006; Application of Act and integration with other Acts
M "Nuclear Exchange Brewing at NRC; Becquerel, Gray and Sievert May Obliterate Curie, Rad
and Rem," Washington Post; Tomas W. Lippman
N NRC Technical Training Center Syllabus of Courses, 1989-1990
O Joint NRC/EPA Guidance on a Conceptual Design Approach for Commercial Mixed Low-Level
Radioactive and Hazardous Waste Disposal Facilities (Directive Number 9487.00-8)
P Combined NRC/EPA Siting Guidelines for Disposal of Commercial Mixed Low-Level
Radioactive and Hazardous Waste (Directive Number 9480.00-14)
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Q Guidance on the Definition and Identification of Commercial Mixed Low-Level Radioactive and
Hazardous Waste and Answers to Anticipated Questions (EPA, OSWER to all NRC licensees,
October 4, 1989)
R States with Mixed Waste Authorization
S U.S. Environmental Protection Agency Regional Radiation Program Managers
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MIXED WASTE TRAINING COURSE
Summary Outline
Presented by:
Office of Solid Waste
U.S. Environmental Protection Agency
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OBJECTIVES OF THE MIXED WASTE TRAINING COURSE
Familiarize EPA permit writers and inspectors with mixed waste issues.
Demonstrate that dual regulation is workable.
Emphasize that dealing with mixed waste sometimes calls for a departure from "business as
usual."
I. OVERVIEW OF MIXED WASTE REGULATION
The objectives of the overview section are to:
Define mixed waste and explain the regulatory history that lead to the current status of
mixed waste;
Explain EPA's role in regulating the hazardous portion of mixed waste; NRC's role in
regulating the radioactive portion of mixed waste generated at commercial facilities; and
DOE's role in regulating the radioactive portion of mixed waste generated at DOE
facilities; and
Discuss the complexity involved in integrating the various regulatory programs.
A. DEFINITION OF MIXED WASTE
RCRA mixed waste contains a hazardous component as defined by and regulated
under RCRA, and a radioactive component as defined by and regulated under the
Atomic Energy Act (AEA).
Unless and until radioactivity becomes a hazardous waste characteristic, or unless
specific radioactive wastes are listed, RCRA cannot regulate the radioactive
component of mixed waste.
Wastes containing a non-RCRA hazardous chemical component are not addressed
in this training, nor are RCRA hazardous wastes containing a non-AEA radioactive
component (e.g., Naturally Occurring or Accelerator Produced Radioactive Material
(NARM)).
A.1. The Radioactive Component of Mixed Waste
• The radioactive component of mixed waste is defined by the AEA (42 U.S.C.
Section 2014). Source, special nuclear, and by-product materials are
radioactive materials regulated by the AEA.
Transuranic, high-level, and low-level wastes are subclasses of waste
containing AEA material. These subclasses do not alter RCRA's
authority over the hazardous component of mixed waste.
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• RCRA excludes from regulation source, special nuclear, and by-product
material; these constituents are regulated under the AEA. However, when
source, special nuclear, or by-product wastes also contain hazardous wastes,
the "mixed waste" becomes subject to RCRA as well as the AEA.
NARM is radioactive material, but it is not regulated under the AEA or
excluded from RCRA. NARM waste could be regulated under RCRA
because it was not excluded from RCRA regulation as were other
radioactive materials. However, currently NARM is not regulated under
RCRA.
EPA is the only Federal agency with the authority to regulate NARM
waste.
States may regulate NARM waste under State-implemented regulations.
• Source material is defined as uranium, thorium, or any other material that is
determined pursuant to provisions of the AEA to be source material, or ores
containing one or more of the above materials, in such concentration as may
be determined.
• Special nuclear material is defined as (1) plutonium, uranium enriched in the
isotope 233 or in the isotope 235, and any other material that is determined
pursuant to the AEA to be special nuclear material, but which does not
include source material; or (2) any material that is artificially enriched by any
of the above, but which does not include source material, for example, fresh
uranium fuel in a reactor.
• By-product material is defined as (1) any radioactive material (except special
nuclear material) yielded in, or made radioactive by exposure to, the radiation
incident to the process of producing or utilizing special nuclear material; and
(2) the tailings or wastes produced by the extraction or concentration of
uranium or thorium from any ore processed primarily for its source material
content. By-product material includes industrial and medical radionuclides,
and uranium and thorium mill tailings.
A.2. Subclasses of Radioactive Waste Containing AEA Radioactive Waste
• Transuranic waste is waste that is contaminated with alpha-emitting
transuranium radionuclides with half-lives greater than 20 years and
concentrations greater than 100 nCi/g at the time of assay; without regard to
source or form.
• High-level radioactive waste is the highly radioactive material resulting from the
reprocessing of spent nuclear fuel, including liquid waste produced directly in
reprocessing and any solid material derived from such liquid that contains
fission products in sufficient concentrations.
• Spent nuclear fuel is fuel that has been withdrawn from a nuclear reactor
following irradiation, the constituent elements of which have not been
separated by reprocessing.
• Low-level radioactive waste is radioactive material that is not transuranic
waste, high-level radioactive waste, spent nuclear fuel, or 11 (e)2 by-product
material (uranium or thorium mill tailings).
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A.3. Handling Mixed Waste as One Waste
• Because of safety and technical reasons, it is usually not feasible to physically
separate mixed waste into two components.
• The different risks posed by each component must be addressed in a single
waste management solution.
• The design of facilities, drafting of operating requirements for permits or
licenses, and the development of cleanup solutions must be done in a
manner that adequately addresses the different risks posed by each
component.
B. HISTORY OF MIXED WASTE REGULATION
Congress intentionally created a framework of dual regulation. Consequently, EPA
and NRC/DOE (or approved States) jointly regulate the same waste. Much of the
waste that is now regulated as mixed waste was previously regulated as radioactive
waste under the AEA and is entering the RCRA regulatory program for the first
time.
B.1. Atomic Energy Act
AEA provides authority to govern the possession and use of special nuclear
material, source material, and by-product material. The Nuclear Regulatory
Commission (NRC) is primarily responsible for exercising this authority over
commercial facilities, and the Department of Energy (DOE) is primarily responsible
for exercising this authority over Government-owned and -operated facilities.
NRC has authority over several Federal facilities, such as the National
Institutes of Health and the Bureau of Standards.
B.2. Federal Register Clarifications Establishing Dual Regulation
• EPA Clarification of RCRA Applicability to Mixed Waste. July 3, 1986 (51 FR
24504). The Notice provided EPA's legal interpretation of the source, special
nuclear and by-product exclusion and required States to obtain authorization
for mixed waste.
• DOE Clarification of the Definition of By-Product Material. May 1, 1987 (52 FR
15937). For the purposes of determining the applicability of RCRA, "by-
product material refers to the actual radionuclides dispersed or suspended in
any radioactive waste substance (except special nuclear material) yielded in,
or made radioactive by exposure to, the radiation incident to the process of
producing or utilizing special nuclear material.' This clarification applies only
to 11 (e) 1 by-product material. According to this clarification, only the actual
radionuclides, not the entire waste stream, are considered by-product material;
and thus, RCRA has authority to regulate any hazardous portion of the waste
stream.
B.3. Clarification for Implementation in Authorized States
• Clarification of Interim Status Qualification Reguirements for the Hazardous
Components of Radioactive Mixed Waste. September 23, 1988 (53 FR 30745).
All hazardous waste treatment, storage and disposal facilities (TSDFs) must
obtain a RCRA permit; however, TSDFs may operate under interim status until
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a permit is issued. EPA extended the interim status qualification deadline for
facilities handling mixed waste in order to ensure that newly regulated mixed
waste facilities can legally operate under RCRA.
In unauthorized States, the deadline for facilities handling mixed waste
was extended to March 23, 1989, which is six months after EPA issued
the extension notice.
In authorized States, the deadline will be established by the State, but
generally will be six months after the effective date of the State's
authorization for mixed waste.
C. ROLE OF EPA AND EPA AUTHORIZED STATES
C.1. Office of Solid Waste (OSW)
• OSW is authorized by RCRA to regulate the handling of listed and
characteristic hazardous waste.
• RCRA authorized the establishment of OSW for the implementation of the
hazardous waste program. The Office of Waste Programs Enforcement
(OWPE) enforces RCRA.
• The RCRA program was designed to allow the States to take over
implementation of all aspects of the program. States become authorized to
implement the RCRA program by developing a program that is at least as
stringent as EPA's RCRA program. Until a State becomes authorized, the
RCRA program is administered by EPA. The States must incorporate more
stringent amendments or changes to the RCRA program into their own
programs. Once a State has been authorized, it becomes the primary
implementor of those aspects of the program for which it is authorized.
• Source, special nuclear, and by-product material are exempt from RCRA.
C.2. EPA Authorized States
• RCRA authorized States must revise their programs to include mixed waste.
• State agencies other than the hazardous waste agency may be involved in
mixed waste regulation.
• States may use a Memorandum of Understanding (MOU) to define the roles of
State agencies regulating hazardous and radioactive wastes.
• In States authorized only for base-RCRA, mixed waste is not regulated under
RCRA, but may be regulated by the State through independent authority.
Thirty-six States and Territories have base-RCRA authorization, but have
not yet received mixed waste authorization.
• In States authorized for mixed waste, mixed waste is regulated under RCRA,
administered by the States.
To date, ten States (Colorado, Georgia, Guam, Kentucky, Minnesota,
Ohio, South Carolina, Tennessee, Utah, and Washington) have been
authorized to regulate mixed waste.
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• In unauthorized States, mixed waste is regulated under RCRA, administered
by EPA.
Eleven States and Territories have not received base-RCRA authorization.
D. EPA'S OFFICE OF RADIATION PROGRAMS AND ORP STANDARDS
D.1. Office of Radiation Programs (ORP)
• ORP is authorized by the AEA to establish Federal radiation guidance and
standards, advise Federal agencies on radiation standards, assess the new
technologies in the area of radiation, and monitor radiation in the environment.
• The standards developed by ORP will be implemented by NRC and DOE
through incorporation into their regulations and orders.
• ORP also intends to regulate certain kinds of NARM waste in connection with
a low-level waste standard it is planning to propose. ORP's authority comes
from Section 6 of TSCA which authorizes EPA to prohibit or regulate the
disposal of chemical substances or mixtures.
D.2. ORP Standards
• ORP is publishing generally applicable standards for exposure to radionuclides
that will apply at NRC-licensed facilities and DOE-owned facilities.
• ORP has already published generally applicable high-level waste, transuranic
waste, and spent nuclear fuel standards (40 CFR 191).
Operations Standard
Disposal Standard
• ORP is revising high-level waste disposal standards following their remand by
a Federal Court (40 CFR 191). The high-level waste disposal standards are
expected to be proposed in early 1990.
• ORP is planning to propose generally applicable low-level waste standards (40
CFR PArt 193).
Low-Level Waste Pre-Disposal Exposure Limit
Post-Disposal Exposure Limit
Ground-Water Protection Criteria
Below Regulatory Concern (BRC) Criteria
Implementation Guidelines
• ORP is also planning to propose a generally applicable NARM waste disposal
standard in the near future (40 CFR Part 764).
• These standards developed by EPA will provide a minimum level of protection
from radiological hazards for human health and the environment.
• ORP standards as implemented by NRC and DOE, will be used to regulate
radioactive waste and the radioactive portion of mixed waste.
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• Mixed waste that qualifies as below regulatory concern for the radiological
hazard is still a mixed waste but may be managed as RCRA hazardous waste.
E. ROLE OF THE NUCLEAR REGULATORY COMMISSION (NRC) AND NRC
AGREEMENT STATES
E.1. Nuclear Regulatory Commission (NRC)
• NRC is authorized by the AEA to regulates the possession and use of source,
special nuclear, and by-product material. NRC primarily regulates commercial
radioactive materials.
• NRC may make an agreement to relinquish to the State the authority to
regulate source and by-product materials, and the authority to regulate users
of small quantities of special nuclear material. Once NRC has relinquished its
authority to an Agreement State, NRC no longer exercises its jurisdiction in
those areas covered by the agreement. NRC may reassert its authority if
necessary to protect public health and safety.
• In forming agreements with States, NRC will always retain jurisdiction over
some Federal agencies (but generally not DOE), production and utilization
facilities (e.g., reactors), exports and imports, consumer products, special
nuclear material in quantities exceeding a critical mass, offshore waters, and
certain aspects of mill tailings.
E.2. Role of NRC Agreement States
• The scope of Agreements between NRC and States may vary.
• The Nuclear Waste Policy Act of 1982. (Public Law 97-425) the Federal
Government, primarily NRC and DOE, took responsibility for regulating the
disposal of all highly radioactive waste, and the Low-Level Radioactive Waste
Act of 1980 (Public Law 96-573) directed each State to provide disposal
capacity for all commercial low-level waste generated within its borders, either
individually or through regional compacts. The Low-Level Radioactive Waste
Policy Amendments Act of 1985 (Public Law 99-240) provides further impetus
to this process.
• Unlike the hazardous portion of mixed waste regulated under RCRA, the
radioactive portion of mixed waste is regulated under the AEA regardless of
whether a State has an Agreement with NRC.
E.3. Authority Over Mixed Waste
• NRC Agreement States (Agreement includes low-level waste disposal) are:
- regulated under the AEA, and
- administered by State.
• NRC Agreement States (Agreement does not include low-level waste disposal)
are:
- regulated under the AEA, and
- administered by NRC.
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• Non-Agreement States are:
regulated under the AEA, and
- administered by NRC.
• NRC has formed agreements with 29 States. Of these agreement States all
but two, Utah and Iowa, have authority to regulate low-level waste disposal
facilities.
• Several States are developing new facilities for the disposal of low-level waste;
some of these facilities will include disposal units for mixed low-level waste.
F. NRC REGULATIONS
• NRC Licenses are issued for the possession, use, receiving title, transfer,
construction and operation of production and utilization facilities, and disposal
facilities.
• The possession and use of radioactive materials are confined to the location
and purposes that are authorized in the license.
F.1. NRC Approved Disposal Methods
• The following methods of disposal are allowed under NRC regulations:
Licensed disposal pursuant to requirements for land disposal (10 CFR
Part 61)
Licensed disposal pursuant to requirements for disposal by a method
specifically approved by NRC (10 CFR 20.302). This method allows for
on-site disposal of waste that is potentially higher than BRC but would
not have a major health and safety impact from disposal. The dose
objectives for this type of disposal would be well under those for Part 61.
Disposal by release into sanitary sewerage system (10 CFR 20.303)
Disposal by incineration (10 CFR 20.305)
Disposal of specific wastes (10 CFR 20.306); scintillation fluids and
animal carcasses containing less or equal to 0.05 microcuries per gram
H-3 or C-14.
F.2. Performance Objectives for Land Disposal
• Protection of the general population from releases. Concentrations of
radioactive material released to the general environment shall not exceed an
annual dose equivalent of 25 mrem to the whole body, 75 mrem to the thyroid
and 25 mrem to any other organ of any member of the public. In addition,
handlers should maintain releases ALARA.
• Protection of individuals from inadvertent intrusion. Design, operation, and
closure of the site must ensure protection of any individual inadvertently
intruding into the disposal facility after active institutional controls over the
facility have been removed.
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• Protection of individuals during operations. Except for off-site releases,
operations at the disposal facility shall be conducted in compliance with the
standards for radiation protection set out in 10 CFR 20. Disposal facilities
should also maintain exposures ALARA.
• Stability after site closure. The disposal facility shall be sited, designed,
utilized, operated, and closed to achieve long-term stability of the site and to
eliminate, to the extent practicable, the need for ongoing active maintenance
of the site following closure.
• ALARA. Maintain radiation exposures and releases of radioactive material "as
low as reasonably achievable' (ALARA). ALARA is not a statutory
requirement; it is a policy statement that has been incorporated into the NRC
regulations. ALARA is applicable to all NRC licensees.
F.3. Classification of Waste
• NRC classifies waste for near surface disposal based on the concentration of
long-lived and short-lived radionuclides.
• Low-level radioactive waste is classified as either A, B, or C in increasing
order of radiological hazard. [10 CFR Part 61]
F.4. Waste Disposal Requirements
• The primary emphasis of NRC waste disposal requirements is on isolation of
waste and long-term objectives. NRC regulations contain specific
requirements regarding:
Site suitability - minimum characteristics and suggested features;
Design - minimize erosion and contact of water with waste;
- Operations - emphasize stability;
- Waste form - minimum stability requirements; and
Institutional control - prior to licensing a low-level waste disposal site, an
applicant must demonstrate that a State or Federal entity has committed
to take responsibility for a 100-year period.
• Examples of measures to increase stability include minimizing voids in
packages, careful emplacement, efficient backfill, and segregating unstable
waste packages.
F.5. Transportation
• Licensees transferring material are required to verify that the licensee receiving
the material is authorized for the type, form, and quantity transferred.
• A manifest must be prepared for each shipment of waste.
• The waste receiver must acknowledge receipt of waste within one week.
F.6. Disposal Without Regard to Radioactivity
• Licensed material in animal carcasses or scintillation fluids may be incinerated
or disposed of without regard to radioactivity if it contains 0.05 microcuries or
less of H-3 or C-14 per gram of medium used for liquid scintillation counting.
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• Mixed waste that may be disposed of without regard to radioactivity must still
comply with all hazardous waste regulations.
F.7. Enforcement
• NRC conducts both announced and unannounced inspections.
• All licensees must allow inspection of materials, premises, facility, and records.
NRC conducts routine inspections at all facilities.
• An injunction or court order may be obtained to prohibit any violation.
• Violations are punishable by fine, imprisonment, or both.
• NRC has the authority to obtain an injunction or court order to prohibit any
violation of the AEA or Title II of the Energy Reorganization Act of 1974. In
addition, in some cases a court order may be obtained to enforce payment of
a civil penalty.
G. ROLE OF THE DEPARTMENT OF ENERGY AND DOE ORDERS
G.1. Role of DOE
• DOE is authorized by the AEA and other Federal statutes to regulate
radioactive material operations at many government-owned facilities and at
several inactive sites that contain radioactive contamination. Non-DOE Federal
facilities are regulated by other agencies, such as NRC or EPA.
• DOE is exempt from NRC regulations except as specified in Section 202 of
the Energy Reorganization Act of 1974 (i.e., DOE facilities that accept
commercial high-level waste are licensed by NRC).
• DOE is subject to EPA regulations.
• DOE develops "orders" to carry out the authority granted by the AEA. DOE
Orders are legally enforceable against contractors that operate DOE
installations.
• DOE maintains eight Operations Offices that are responsible for compliance at
specific DOE sites.
• DOE operates 17 major defense facilities.
• While DOE does not manage a large number of facilities they are a major
player in mixed waste regulation because of the large volume and the high-
level of radioactivity of the mixed waste that is generated. Regulating these
facilities will be a significant portion of EPA's effort to regulate mixed waste.
G.2. DOE Orders
• DOE operates under orders which regulate it internally. These orders include
internal policy for compliance with environmental requirements at DOE
facilities.
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• Orders (in this section) provide requirements for the management of
transuranic, high-level, and low-level radioactive waste in accordance with
AEA.
• Orders also require the hazardous portion of mixed waste to be managed
according to RCRA. Compliance simply with orders is not sufficient. Mixed
waste will be managed under these orders in a manner consistent with RCRA.
• DOE orders apply to all DOE contractors and subcontractors.
• The Nuclear Waste Policy Act of 1982. (Public Law 97-425) the Federal
Government, primarily NRC and DOE, took responsibility for regulating the
disposal of all highly radioactive waste, and the Low-LEvel Radioactive Waste
ACt of 1980 (Public Law 96-573) directed each State to provide disposal
capacity for all commercial low-level waste generated within its borders either
individually or through regional compacts. The Low-Level Radioactive Waste
Policy Amendments Act of 1985 (Public Law 99-240) provides further impetus
to this process.
G.3. General Requirements of Orders
• Minimize the generating of hazardous and radioactive wastes across program
office functions.
• A Waste Management Plan is required for all DOE sites that treat, store, or
dispose of mixed waste, for the purpose of compiling an annual report on
waste management operations. This plan includes information on the
management of both radioactive and hazardous constituents.
• DOE must comply with the National Environmental Policy Act of 1969 for all
significant Federal actions.
• Maintain radiation exposures and releases of radioactive material "as low as
reasonably achievable" (ALARA).
• DOE's performance objective for the land disposal of low-level waste is to limit
exposure from all pathways to any member of the public to 25 mrem/yr.
G.4. Transportation
• Generators and facilities receiving the waste are jointly responsible for
assuring compliance with waste acceptance criteria.
• Shipment of waste will be conducted according to the requirements
established by the Operations Office managing the receiving facility.
• DOE facilities are subject to DOT regulations and RCRA manifest and
transportation requirements.
• DOE is responsible for transportation of all waste to and from DOE facilities.
G.5. Management of Transuranic Waste
• Transuranic waste is planned to be disposed of in DOE's Waste Isolation Pilot
Plant (WIPP). The WIPP facility, located southeast of Carlsbad, New Mexico,
will be used to demonstrate the safe and permanent disposal of DOE
transuranic waste.
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• This facility is being regulated by both DOE and EPA. Examples of WIPP's
dual regulations:
DOE may determine, with the concurrence of the EPA Administrator, that
transuranic waste not appropriate for disposal at the WIPP shall be
disposed of by alternative methods approved by DOE and EPA.
Mixed transuranic waste generated at DOE facilities shall be treated,
where possible and practical, to destroy the hazardous waste
components.
• Transuranic mixed waste will account for approximately 60 percent of the
waste to be placed at the WIPP facility.
• DOE is currently applying for a RCRA land disposal restrictions (LDRs) no-
migration petition.
• The determination of whether the transuranic waste exhibits any hazardous
characteristics or contains listed hazardous compounds may be based on
knowledge of the waste generating process.
G.6. Management of Hiqh-Level Waste
• According to DOE Order 5820.2A, all high-level waste shall be considered to
be radioactive mixed waste unless demonstrated to the contrary.
• DOE orders contain requirements pertaining to both the hazardous and
radioactive components of mixed high-level waste, including: design and
operating requirements; waste characterization; storage and transfer;
monitoring, surveillance, and leak detection; contingency actions; and waste
treatment and minimization.
• DOE is required to accept all high-level waste and commercial spent fuel, and
is estimating the feasibility of constructing a deep geological repository in
Nevada.
• Waste characterization may reflect knowledge of the waste generating
processes, laboratory testing results, and/or the results of periodic sampling
and analysis.
G.7. Management of Low-Level Waste
• Low-level mixed waste is regulated jointly under RCRA and AEA.
• Solid low-level waste shall be disposed of on-site if possible or at another
DOE disposal site.
• Disposal of liquid wastes or wastes containing free liquid is prohibited and
must be converted into a solid form. Any freestanding and noncorrosive liquid
or that remains may not exceed 1 percent of the volume of the waste when
the waste is in a disposal container, or 0.5 percent of the volume of the waste
when the waste is processed to a stable form.
• Waste characterization will permit proper segregation, treatment, storage, and
disposal, and includes information on the physical, chemical, and radionuclide
content.
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• Waste characterization information shall include: physical and chemical
characteristics; volume; weight; major radionuclides and their concentrations;
and packaging date, weight, and external volume.
• The concentration of the radionuclides may be
determined by indirect methods.
H. IMPLEMENTING THE DUAL FRAMEWORK
Mixed waste must be handled according to regulations under RCRA and the AEA.
Section 1006 of the RCRA statute provides that for inconsistencies precedence
should be given to the AEA requirements. An inconsistency occurs when
compliance with one set of regulations would cause non-compliance with the other.
In addition, compliance with one set of regulations does not necessarily mean the
facility will be in full compliance with both sets of regulations.
To date EPA and NRC have not cited any inconsistencies between the two sets of
regulations regarding low-level waste disposal.
H.1. Joint EPA/NRC Guidances
• EPA and NRC have developed three joint guidances for the regulation of
mixed waste: (i) the definition of commercially generated low-level mixed
waste; (ii) siting of low-level mixed waste disposal facilities; and (iii) the
conceptual design of low-level mixed waste disposal units.
• EPA and NRC are developing two joint guidance documents for the regulation
of mixed waste: (i) sampling and testing, and (ii) inspections.
• A basic understanding of the various requirements is important for
coordination between the various regulators. Coordination and communication
are necessary for safe and effective regulation.
H.2. Summary of the Role of the Regulators
• ORP under authority of the AEA sets generally applicable standards for
radioactive waste which are implemented by NRC and DOE.
• DOE under authority of the AEA regulates source, special nuclear, and by-
product material at DOE operated government facilities. DOE implements this
authority through eight Operations Offices.
• NRC under authority of the AEA regulates source, special nuclear, and by-
product material at commercial facilities. NRC partially implements this
authority through Agreement States.
• EPA's OSW under the authority of RCRA regulates RCRA hazardous waste.
(Source, special nuclear, and by-product material are exempt from RCRA.)
RCRA is implemented through authorized STates.
• States may regulate RCRA hazardous waste through independent authority
under State laws. No definitive court ruling has been issued on State
authority to regulate AEA radioactive waste under independent laws.
• In summary, mixed waste regulation is complicated and involves many actors;
no one has sole authority over mixed waste.
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II. INTRODUCTION TO BASIC RADIATION CONCEPTS
A. THE ATOM
A.1. Structure of the Atom
• An atom is the smallest discrete unit of mass. The nucleus of an atom is a
densely packed array of protons and neutrons. Around the nucleus, electrons
move along paths that govern the amount of energy that the elBCtrons have.
• The mass of an electron is roughly 1 x 10'27 grams, while protons and
neutrons have approximately equal masses of almost 1,800 times the mass of
an electron.
• Protons and electrons are charged particles. Electrons have a negative
charge, protons have a positive charge, and neutrons have no charge (they
are neutral).
• Particles that have positive or negative charges display certain behaviors that
are not seen among particles that have no charge (or "neutral" charge). A
particle with a positive or negative charge will attract particles that have
opposite charges (i.e., a particle with a positive charge attracts a particle with
a negative charge, and vice-versa), or will repel particles that have the same
charge (i.e., a particle with a positive charge repels other particles with
positive charges).
A.2. Elements
• All atoms of a given element have the same number of protons in their nuclei.
• Each element can be characterized by its "atomic number" which represents
the number of protons in its atoms' nuclei; this number is unique for each
element. For example, all neon atoms contain 10 protons; thus, the atomic
number of neon is 10. All radium atoms contain 88 protons; the atomic
number of radium is 88.
• There are at least 105 known elements, 92 of which are naturally occurring.
A.3. Nuclides
• The "mass number" is the sum of the number of protons and neutrons in the
nucleus.
• The sum of protons and neutrons in atoms of the same element may vary.
• A "nuclide" is any species of atoms whose nuclei contain a specified number
of protons and neutrons.
• A nuclide is commonly denoted by the name of the nuclide's element followed
by the mass number. For example, one common nuclide is radon-222, which
has 86 protons and 136 neutrons. The mass number can be used to
differentiate between nuclides of an element.
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A.4. Isotopes
• The term "isotope" refers to nuclides of one specific element; although the
terms "isotope" and "nuclide" can be used interchangeably.
• For example, each of three isotopes of the element radon contains 86
protons; however, radon-220 contains 134 neutrons, radon-221 contains 135
neutrons, and radon-222 contains 136 neutrons.
• Roughly 80 percent of all naturally occurring elements exist as a mixture of
two or more isotopes.
A.5. Structure of the Atom
• A variety of forces exist in an atom. Repulsive forces exist between the
protons (i.e., a positive-positive repulsion). Short-range attractive forces
between neutrons and protons overcome these repulsive forces and hold the
nucleus together. In addition, attractive forces exist between electrons and
the nucleus (i.e., a positive-negative attraction).
• In a stable atom all of these forces are balanced.
A.6. Radionuclides
• For a nucleus to remain stable, attractive forces between neutrons and
protons must be strong enough to overcome repulsive forces between
protons.
• The balance of forces within the nucleus is manifested in the ratio of neutrons
to protons: the higher the neutron-to-proton ratio in the nucleus, the stronger
the attractive forces; the lower the ratio, the stronger the repulsive forces.
Usually, stable ratios of neutrons to protons range from 1:1 to 3:2, depending
on the size of the nucleus.
• A "radionuclide" is an atom with an unstable ratio of neutrons to protons. In
order to achieve a more stable configuration the nucleus of a radionuclide
releases energy in the form of subatomic particles or electromagnetic rays by
a process called radioactive decay. This release may change the ratio of
neutrons to protons.
• There are roughly 1,700 different radionuclides. Each radionuclide exhibits a
unique pattern of decay characterized by:
radioactive half-life (the time it takes for any quantity of a radionuclide to
diminish by one-half),
For example, iodine-131 has a half-life of eight days; 100 grams of
iodine-131 would require eight days to decay to 50 grams of iodine-131.
The resulting 50 grams would require eight days to decay to 25 grams
of iodine-131, etc.
mode of decay (the type of particle or ray that is emitted as a result of
the decay of a given radionuclide), and
energy of emissions.
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A.7. Decay Chains
• Often, the decay product is also radioactive and decays with its own
characteristic pattern.
• The radiation from a radioactive material may be a mixture of the characteristic
radiation from the decay of each radionuclide in the chain.
• The concept of decay chains is important because it implies that many
different radionuclides may be present in a material that has decayed over
time. For example, if radium-226 is found in a waste, other radionuclides in
the uranium decay chain are likely to be found.
• Most radionuclides do not decay directly to form a stable isotope.
• In an individual decay event, the nucleus of a radionuclide called a "parent"
releases subatomic particles, beta particles or rays. The remnant of the
nucleus usually has a different number of protons and/or neutrons than the
parent; therefore, the remnant forms the nucleus of a different radionuclide,
called a "daughter" or "decay product."
• A series of daughters generated from an initial parent is called a "decay
chain." Therefore, all of the daughters of uranium-228 will be encountered
when uranium-228 is present.
B. MODES OF RADIOACTIVE DECAY
The three primary modes of radioactive decay are emission of alpha particles, beta
particles, and gamma rays.
Alpha and beta particles have mass; gamma rays are a form of energy.
Alpha particles, beta particles, and gamma rays are different in terms of their basic
properties, their interaction with matter, their rate of energy transfer, and their range
of travel.
B.1. Alpha Particles
B. 1.1. Basic Properties
• Alpha particles consist of two protons and two neutrons, which is equivalent
to the nucleus of a helium atom.
• The mass of an alpha particle is equal to approximately four times the mass
of a proton.
• Alpha particles have a charge of +2.
• Alpha particles typically range in energy from 4 to 9 MeV (where a MeV is one
million electron volts), although they may range from 2 to 12 MeV. The higher
the alpha particle's energy, the greater its speed. (A "MeV" is a unit of
measurement representing an extremely small amount of energy. For
comparison, one trillion MeV will power a 50-Watt light bulb for only 2
thousandths of a second.)
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B.1.2. Interaction with Matter
• Alpha particles move through matter in a relatively straight path because their
large mass prevents them from being deflected by other atomic particles.
• As the alpha particle passes, the electrons in nearby atoms can do one of
two things:
Ionization. An electron can break away from its associated nucleus if the
attractive force between the electron and the alpha particle is strong
enough. The removal of a negatively charged electron will cause an
increase in the positive charge of the atom.
Excitation. An electron may remain in the affected atom, but at a farther
distance from the atom's nucleus. In this instance, the charge of the
atom will remain the same; upon return to the ground state of the
excited electron, the excess energy is released.
B.1.3. Range of Travel
• The path of an alpha particle causes many ionizations and excitations but is
very short.
• The range in air of an 8 MeV alpha particle is roughly 7 cm. While the range
in soft tissue of an 8 MeV alpha particle is about 90 um, or about the
thickness of human skin.
• Since skin is sufficiently thick to stop alpha particles, exposure to alpha
particles from sources outside the body is relatively harmless and occurs only
at short ranges. However, alpha particles present a health hazard when their
sources are taken into the body.
• An instrument must be very close to a source in order to detect an alpha
particle. Because there are usually many times of radiation present, it is likely
that other types of radiation, which can be detected further from the source,
will be detected before alpha radiation is detected.
B. 1.4. Transfer of Energy
• In each ionization and excitation interaction, the attraction of the alpha particle
with electrons in stationary atoms reduces both the energy and the velocity of
the alpha particle until it eventually stops. The energy lost by the alpha
particle is transferred to atomic electrons.
• The average amount of energy that radiation loses to surrounding atoms per
length that the radiation travels is called the linear energy transfer (LET).
Particles with a high LET transfer a relatively large amount of energy over a
short path length. For particles delivering equivalent amounts of energy,
particles with higher LET generally cause more severe biological injuries.
• Because the high charge of alpha particles causes a relatively high number of
ionizations and excitations, they transfer a relatively large amount of energy
over a short path length. Thus, they have a high LET compared to other
forms of radiation.
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B.2. Beta Particles
B.2.1. Basic Properties
• Beta particles have the same mass as an electron.
• Beta particles have a charge of -1.
• The range in energy of beta particles, typically from 0.04 to 6 MeV, is usually
less than that of alpha particles.
• Physically identical to an electron, a beta particle differs from an electron in
that it originates in the nucleus , while an electron originates in the cloud
surrounding the nucleus.
B.2.2. Interaction with Matter
• Beta particles do not move through matter in a straight path. Because of
their low mass they are deflected when they collide with atomic electrons.
• As with alpha particles, beta particles can cause ionization and excitation in
atoms. In the case of beta particles, ionizations and excitations are caused
by repulsive forces between beta particles and atomic electrons, which both
have negative charges.
B.2.3. Range of Travel
• Beta particles cause less ionizations and excitations than alpha particles, but
are more penetrating. The range in air of an 8 MeV beta particle is roughly
31 m; the range in soft tissue of an 8 MeV beta particle is about 3 to 5 cm.
o Beta particles penetrate deep into the skin. Consequently, beta particles from
sources outside the body as well as from sources taken into the body present
a radiation threat. However, the external threat of beta particles is considered
slight.
• Beta particles can be detected by instruments at a farther range than alpha
particles can be detected.
B.2.4. Transfer of Energy
• Because beta particles have half the charge of alpha particles, beta particles
are much less efficient in causing ionizations and excitations.
• As a result, beta particles give up energy over a longer distance of travel;
thus, they have a low LET.
• Even if a beta particle delivers the same amount of energy as an alpha
particle, the biological injury caused by a beta particle will be less severe.
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B.3. Gamma Rays
B.3.1. Basic Properties
• Gamma rays have no mass.
• Gamma rays are a form of electromagnetic radiation, like light and radiowaves,
but have much greater energy. Unlike subatomic particles, gamma rays travel
as a series of propagating or oscillating waves. The energy of a ray depends
on its frequency of oscillation. The higher the frequency, the greater the
energy.
• Gamma rays have no net charge. However, in each oscillation an electrical
field is formed which can influence electrons.
• Gamma rays typically range in energy from 0.01 MeV to 10 MeV.
B.3.2. Interaction With Matter
• Because gamma rays behave as waves, some gamma rays are neither
deflected nor slowed by atoms in matter; they pass right through matter.
Some gamma rays, however, are completely absorbed by the atoms.
• The amount of gamma radiation absorbed depends on the number of rays
entering the material, and the thickness and chemical composition of the
material.
• Absorbed gamma rays can cause ionizations and excitations. Non-absorbed
gamma rays can collide with (and transfer' energy to) both free and atomic
electrons to set the electrons in motion.
• if a gamma ray interacts with an atom, ionizations or excitations occur. When
a gamma ray ionizes an atom, some or all of the energy not consumed in the
ionization will impart kinetic energy to the removed electron.
• In addition, if a gamma ray collides with either atomic or free electrons it will
set the electrons in motion. The electrons will then behave as beta particles.
The gamma ray itself will be deflected and its waves will oscillate at a lower
frequency (i.e., the gamma ray will lose energy).
• Ultimately, almost all absorbed gamma rays form high-speed electrons that
behave as beta particles.
B.3.3. Range of Travel
• Gamma rays travel relatively large distances and are quite penetrating
compared to alpha and beta particles.
• Instruments can readily detect gamma rays, even if they are a considerable
distance from the source.
• Like beta particles, gamma rays from sources outside the body may inflict
biological damage both internally and externally. People can be exposed to
gamma rays even though they are relatively far from a source. The
magnitude of the health hazard depends on the number of rays entering the
body.
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• Gamma rays will penetrate the entire body. While some ionizations and
excitations will occur in the outer layers of the skin, others will occur internally.
• Furthermore, the electrons released from internal ionizations behave as
internally ingested/absorbed beta particles.
B.3.4. Transfer of Energy
• A particular gamma ray releases no energy until it is absorbed in an atom or
an electron.
• Gamma rays passing through the body without interacting with atoms or
electrons release no energy and are harmless.
• However, the high speed electrons produced by gamma ray interactions have
a LET similar to that of beta particles, and can cause biological damage.
C. UNITS OF QUANTITY, DOSE, AND EXPOSURE
C.1. Units of Quantity
• The quantity of a radionuclide can be measured in several different units. The
choice of units depends on the property of interest.
• Like other substances, the mass of a radionuclide may be expressed in
grams, kilograms, pounds, etc. However, the mass alone provides no
indication of the quantity of radiation emitted from a given radionuclide.
• Units of quantity measure the amount of a radionuclide in terms of mass or
radioactivity. Units of dose measure the amount of radiation absorbed by a
receptor (such as people).
• A curie (Ci) is a unit rate of radioactive decay representing the quantity of any
radionuclide that undergoes 3.7x10JO decays per second. The number of
curies can be determined for a given mass of radionuclide if the half-life and
atomic mass of the radionuclide are known:
Activity (Ci) = (1.128x1073 decays/mole) x M
H x A
M = Mass of the radionuclide (grams);
H = Half-life of the radionuclide (seconds);
A = Atomic mass of the radionuclide (grams/mole).
• A becquerel (Bq) is another unit of radioactivity that is analogous to a Ci,
where 1 Bq = 1 decay per second = 2.7x10 Ci.
• A working level (WL) is a special unit of radioactivity used for radon; one WL
= any combination of short-lived radon-222 decay products in one liter of air
that will result in alpha particle discharging 1.3x105 MeV of alpha particle
energy.
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C.2. Units of Dose and Exposure
• A basic unit of dose is a "radiation absorbed dose* (rad) which measures
absorbed radiation per mass of tissue (100 ergs/gram). (An erg is a unit of
energy equal to 625,000 MeV.)
• The international unit of absorbed dose is the Gray (Gy) which is equal to 100
rad.
• A commonly used unit of radiation exposure is the Roentgen (R) which is
equivalent to 86.9 ergs/gram of air. The Roentgen refers to the amount of
energy, discharged in air only.
• A unit of "dose equivalent" called the "Roentgen equivalent man" (rem) is used
to account for biological responses to radiation which depend on the quantity
of radiation absorbed, the type of radiation, and other factors.
Dose (in renris) = Dose (in rads) x Quality Factor x Any Additional Modifying
Factors
Quality factors adjust an absorbed dose of radiation to account for the
relative biological effectiveness of the different types of radiation. Alpha
particles have a quality factor of 20, and beta particles and gamma rays
have a quality factor of 1.
In effect, then:
Rem = Rad; for beta particles and gamma rays, and
Rem = 20 x Rad; for alpha particles.
Additional modifying factors, which include distribution factors that correct
for a nonuniform distribution of absorbed radiation, are equal to 1 for all
types of radiation.
• The international unit of dose equivalent is the sievert (Sv), where 1 Sv = 100
rems.
• A special unit used to assess doses of radon daughters is the working level
month (WLM) where 1 WLM = the amount of radiation taken in by a person
exposed to 1 WL for 1 month (170 hours).
D. BIOLOGICAL EFFECTS OF FJADIATION
Ionized atoms in the body may react with other atoms, disrupting the normal
operations of organs.
The actual biological effect created by radiation is a function of several factors
listed as follows: type of radiation; magnitude of the absorbed dose; dose
distribution (i.e., whether the total body or only a specific organ is involved); age of
exposed individual; and time distribution (i.e., chronic vs. acute exposures).
When atoms of a cell are ionized or excited, they may readily react with other
atoms to cause deficiencies in enough cells in an organ to cause organ
malfunction or failure.
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A whole body dose of radiation is potentially more damaging because several
organs may be affected causing a variety of symptoms.
D.1. Exposures to Radiation
• Chronic exposure to radiation increases the risk of cancer. According to
recent EPA figures, the lifetime risk of fatal cancer associated with whole-body
exposures generally ranges from 1x10"2 per Sv to almost 1 per Sv.
• Hereditary effects, such as a mutation or chromosomal aberration, are
transmitted to a child conceived after the radiation exposure. The risk of
radiation-induced genetic effects is smaller than, or comparable to, the risk of
cancer.
• Chronic exposure to radiation can also have developmental effects on fetuses,
including mental retardation and other birth defects. The risks per unit
exposure of serious developmental effects are somewhat greater than the risks
of cancer, but the period that an individual is vulnerable to damage is much
briefer.
• Acute health effects will not occur when exposed to the radioactive
contamination in the environment.
III. POTENTIAL MIXED WASTE UNIVERSE
This section will identify the generators of mixed waste and specifically which industry
operations generate mixed waste. It will also describe the various potential mixed waste
streams and the current waste management and minimization practices.
A. THE UNIVERSE
There are approximately 26,000 NRC and NRC Agreement State licensees. Of
these, 8,000 are specific licenses and the rest are general licenses which are
automatically granted to facilities that meet certain specifications. There are many
commercial licensees, however, these facilities generate low volumes of waste. Most
non-Federal generators are likely to be small quantity generators (SQGs).
In addition, mixed waste is only a small fraction of commercial low-level waste
generation.
Commercial facilities may already have RCRA permits. Many licensees, however,
may need to apply for storage permits because currently no off-site facility is
accepting mixed waste for disposal.
The other component of the potential mixed waste universe is DOE facilities. There
are only a few of these facilities, but they produce large volumes of waste.
The mixed waste universe is estimated to be approximately 2 to 3% of the total
low-level waste volume, which is 1.4 million cubic feet/year.
A.1. Potential EPA Hazardous Waste Generators
• Manufacture/distribution licensees are estimated to be 4% of the NRC licensee
universe. They may handle large quantities of nonencapsulated or nonsealed
source materials which could be in readily dispersible forms.
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• Source material and some special nuclear material licensees are estimated to
be 1% of the NRC licensee universe.
A.2. Potential EPA Hazardous Waste Treatment, Storage, and Disposal Facilities
• Service organization licensees are estimated to be 1% of the NRC licensee
universe.
• Research, teaching, experimentation, diagnostic, and therapeutic application
licensees are estimated to be 44% of the NRC licensee universe. The type of
isotopes used by these licensees are in similar physical forms and are used in
similar manners.
• Measurement, calibration, and irradiation application licensees are estimated to
be 50% of the NRC licensee universe. These handlers may not need a RCRA
permit because it is likely that the radioactive material may not come into
contact with the hazardous material.
• In addition to the NRC licensees shown above, there are currently 110 nuclear
power plants with NRC operating licenses.
A.3. Potential Mixed Waste Streams
• Liquid scintillation fluids are used in a wide range of research and industrial
production practices, and are sometimes classified together with organic
liquids under the organic chemical heading.
• Equipment cleanup can lead to contaminated organic chemicals as well as
radiologically contaminated rags and cloths that are also contaminated with
organic chemicals. Colleges and universities may be the largest producers
(greatest annual volume) of organic liquid mixed waste.
• Lead shields are used to enclose experiments and may be contaminated with
whatever radionuclide was being used. Lead shielding and container waste is
also generated from pharmaceutical manufacturing.
• Chromate and cadmium wastes are generated primarily at power plants.
• CFC wastes are generated during some drycleaning operations.
• Aqueous corrosive liquids are generated in industry and Federal facility
operations.
• Waste oil, if deemed RCRA hazardous by EPA (or authorized States), could
constitute a major mixed waste category (in terms of volume).
A.4. Nuclear Power Plants
• Currently 110 operating power plants are licensed by NRC.
• Nuclear power plants generate hazardous waste during routine maintenance.
For example, cleaning and replacing parts generates cloths and compactable
trash contaminated with acetone, CFC, solvents and concentrates.
• A more thorough maintenance job, called 'off-line* refueling generates cloths
contaminated with solvent and oil, waste oil, welding rod stubs (high cadmium
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content), spent trichloroethylene solvent, and blast grit (possible high
concentrations of cadmium and heavy metals).
• Health physics activities involving the decontamination of tools, equipment,
other devices, as well as area decontamination generates acetone, methanol-
contaminated clothes, and spent dichlorobenzene.
• Radionuclide analyses of reactor water generates spent scintillation cocktails
containing toluene and xylene.
• Plant operation activities generate chromate-containing waste, decontamination
acids, drycleaning sludges, and tool decontamination sludges which may
contain CFCs.
A.5. Academic and Medical Institutions
• Academic institutions conduct research involving many different radionuclides.
• Medical institutions conduct laboratory research using radionuclides. For
example, in vitro radiolabelling is frequently used to test drug metabolism and
radiolabelling is also used to map physiological functions.
A.6. Industry
• Industrial mixed waste generators include pharmaceutical manufacturers and
isotope suppliers, sealed source and irradiator manufacturers, biotechnology
manufacturing, providers of analytical services, fuel fabrication operations, and
waste processors.
A.7. Federal Facilities
• Defense and government research facilities operated by DOE are the primary
Federal generators of mixed waste.
• Unit operations vary greatly within each facility and from facility to facility.
• Federal facilities include large facilities that generate large volumes of
radioactive waste, and production and laboratory facilities that generate
smaller volumes and a greater variety of waste.
• DOE has identified several sources of mixed waste including, production
reactors, test reactors, certain Navy vessels, and weapons manufacturing.
• Many Federal facilities generate mixed waste through processes similar to
those outlined for commercial facilities.
B. TYPES OF MIXED WASTE STREAMS AND MANAGEMENT
B.1. Liquid Scintillation and Fluids
• "Scintillation cocktails" refers to vials containing spent scintillation liquid. The
cocktails or fluids are mixed waste only if the solvent is hazardous, and the
radionuclides are not below regulatory concern. If the radioactive portion of
the waste is below regulatory concern, only the hazardous waste regulations
apply.
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• The principal radionuclide associated with scintillation cocktails is tritium.
• The principal hazardous constituents of scintillation cocktails are toluene and
xylene.
• Waste minimization generally involves replacing the hazardous liquid with non-
hazardous substitutes.
• Liquid scintillation cocktails are currently managed through incineration. NRC
allows the incineration or disposal of licensed material without regard to
radioactivity if it contains 0.05 microcuries or less of hydrogen-3 or carbon-14
per gram of medium used for liquid scintillation counting.
• If all scintillation fluids and animal carcasses containing C-14 and H-3
generated annually were incinerated, 8 Ci of these radionuclides would be
released. This is extremely small relative to C-14 and H-3 in the natural
environment.
• Incinerators that burn spent scintillation fluids as a fuel additive do not
currently need an EPA permit to do so. However, EPA may soon require the
permitting of such facilities.
• Storage for decay is sometimes used for scintillation cocktails containing other
than BRC concentrations of tritium or C-14.
B.2. Organic Chemicals
• Mixed wastes contaminated with organic chemicals are generated during
academic and medical research, industrial manufacturing (e.g.,
radiopharmaceuticals, sealed sources, diagnostics), and nuclear power plant
activities.
• Academic institutions generate the largest amount of organic chemical mixed
wastes (scintillation liquids included) according to a 1984 Brookhaven National
Laboratory survey.
• The primary process generating radioactive organic chemicals is the cleaning
or degreasing of equipment at these facilities (i.e., organic solvents are used).
• The most common radionuclides found mixed with organic chemicals are
tritium and C-14.
• Waste minimization of organic chemicals generally involves encouraging the
use of alternative methods and chemicals through education, justification, and
notification.
- Education should sensitize users to disposal problems and encourage
people to use the minimum amount of materials possible to complete the
job (especially true for cleanups).
Under a justification system, individuals would be required to explain why
the use of hazardous chemicals is necessary to their project in order to
gain approval.
Notification of large cleanups (e.gM large pieces of equipment) or other
uses of large amounts of organic chemicals allows supervisors to ensure
that proper management, minimization, and disposal takes place.
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• Organic chemicals and contaminated trash are managed by storage for decay
and incineration.
• Treatment technologies that render the waste non-hazardous'are being
developed but are not yet available.
• Recycling methods for mixed waste organic liquids are being developed.
These methods use distillation to separate useful solvents from radioactively
contaminated wastes. Recycling recovers useful materials and reduces the
volume of the waste requiring disposal. Note that distillation residues must
still be handled as mixed waste.
• Incineration is the most common method of destruction used for organic
liquids.
B.3. Lead Wastes
• Radioactively contaminated lead wastes are generated by many facilities in the
form of shielding and/or containers and solutions resulting from the chemical
or water decontamination of lead.
Lead wastes are potentially EP toxicity characteristic wastes.
• Aluminum canisters are used to store neutron-activated stainless steel tubes
(from pharmaceutical manufacture) in underwater pools. Lead is added to the
aluminum to minimize buoyancy.
• Isotope shipping containers are usually solid lead coated with steel or paint.
• Waste minimization programs for lead have been designed to reduce the
amount of lead shielding and containers used and to encourage reuse of lead
after it has been decontaminated. In addition, Herculon (a plastic-like
material), plexiglass, or other types of materials that are easily
decontaminated.
• The design of new equipment using as little lead as possible is a waste
minimization option.
• Lead waste with radioactive contamination is managed in two ways: solid
lead shielding (most problematic) is currently stored as bulk lead, and lead
decontamination solutions are solidified to bring them below the EP toxicity
limit for lead.
B.4. Chromate and Cadmium Wastes
• Chromates are often used as corrosion inhibitors in the reactor process at
nuclear power plants. Potential chromate-containing wastes may include ion-
exchange resins, evaporator concentrates, and filter media.
• Cadmium and other heavy metal wastes result from blasting and
decontamination grit at nuclear power reactors.
• Chromate and cadmium waste management generally consists of
immobilization in chemical matrices.
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B.5. Chlorinated Fluorocarbon (CFQ Wastes
• Contaminated CFC solvents, concentrates, and filters result from tool and
equipment decontamination, and laundering operations.
• CFC solvents may be F001 hazardous wastes.
• Waste minimization efforts include research on chemical substitutes for CFCs
and work to delist CFC concentrates.
• No treatment techniques are currently used to render CFC mixed wastes non-
hazardous. CFC mixed wastes are currently stored.
B.6. Aqueous Corrosive Liquids
• Various corrosive acids are used at nuclear power plants and in industry to
back-flush ion-exchange resins and clean used transportation containers.
• The neutralization of aqueous corrosive liquids may be subject to RCRA
treatment standards.
• Waste minimization efforts include changes in facility operations to reduce the
generation of these wastes.
• Possible treatment may involve neutralization (to render non-hazardous) and
discharge through an NPDES outfall. Neutralization and discharge through a
NPDES permit may be exempt from RCRA if considered a wastewater
treatment unit.
• Contaminated liquids may be stored in double-walled, underground, carbon-
steel tanks as radioactive wastes. Leak detection systems are usually used.
B.7. Waste Oil
• Radioactive waste oils are primarily spent lubricants from radiologically
contaminated equipment.
• Contaminated waste oil management methods include filtration, solidification,
incineration, and long-term storage.
Filtration involves the use of commercially available, multi-layer paper
filters to remove particulate radioactive contamination. Filters are
disposed of as non-hazardous radioactive waste.
Waste oil solidified by approved methods are accepted for disposal at
Richland, Washington and Beatty, Nevada disposal facilities (as of Spring
1989).
Incineration takes place in auxiliary boilers or oil burners.
• Several States currently regulate waste oil as hazardous waste.
• A hazardous waste classification of waste oil is under consideration by EPA,
and this potential hazardous status creates significant mixed waste
implications.
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C. SUMMARY OF WASTE MINIMIZATION
Management practices to minimize mixed waste generation include waste
segregation, material control programs, waste processing, and volume reduction.
• Waste segregation involves designing processes and materials management
procedures to minimize the interaction of radioactive and hazardous wastes.
• Material control programs restrict access to materials and limit the amount of
materials that workers are allowed to use for particular jobs.
• Waste processing techniques include recycling, recovery, and reclamation
operations, as well as treatment.
• Compaction can be used for volume reduction to conserve storage space.
Employee training encourages workers to use equipment and materials properly,
familiarizes them with the hazards of working with particular substances, and keeps
them informed of minimization and proper disposal practices.
EPA or State staff should look for opportunities to encourage owner/operators to
segregate radioactive hazardous waste, minimize quantities of mixed waste, and
then manage remaining waste appropriately.
D. MIXED WASTE MANAGEMENT OPTIONS
Management options include rulemaking petitions, declaring waste BRC, and
establishing a licensed/permitted TSDF for mixed waste.
• Rulemaking Petitions and delisting may result in exemptions from RCRA.
• If the radioactive component of the mixed waste can be declared BRC, then
only the RCRA requirements must be met. This only an option for tritium and
C-14 in scintillation cocktails at present.
• Generators of mixed waste could form a cooperative agreement to establish a
licensed TSDF.
Mixed wastes containing radionuclides with short half-lives may be stored for decay
and then disposed of as hazardous waste; however, this requires a RCRA permit.
HEALTH PHYSICS AND INSPECTIONS
The objectives of this section are to describe the background and application of the ALARA
principle; highlight the case of distance, time, and shielding for personal protection and
worker safety; and introduce the inspector to the use of dosimetry equipment and
decontamination practices.
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A. ALARA
A.1. ALARA: As Low As Reasonably Achievable
• Maintaining radiation exposures and releases of radioactive material "as low as
reasonably achievable" (ALARA) is a very important concept for personal
safety. ALARA takes into account the state of technology and economics in
relation to the effect on and use of atomic energy in the public interest.
• The term 'as low as is reasonably achievable' means as low as is reasonably
achievable taking into account the state of technology, and the economics of
improvements in relation to benefits to the public health and safety, and other
societal and socioeconomic considerations, and in relation to the utilization of
atomic energy in the public interest." 10 CFR 20.1(c)
• ALARA is described in NRC regulations and in ORP's Federal Guidance
Report Number 11 on limits to Occupational Exposure, 1988; EPA-520/1-88-
020, In addition, ALARA was adopted by DOE as an operating principle.
ALARA is not required by the AEA. The ALARA concept requires facilities to
achieve lowest levels possible, but no specific numbers are associated with
ALARA.
Applicants for nuclear power reactor licenses must employ all reasonable
technology that will reduce radiation doses at a cost of $1,000 or less
per manrem. (10 CFR Part 50, Appendix 1, Section II.D)
• The ALAFtA concept embodies thinking before acting, exercising good
judgment, reducing exposure (while remaining cost efficient), and not
compromising personal safety. Before proceeding, hazardous waste
personnel must be informed and should contact radiation Officers for support.
• The ALARA concept includes meeting regulatory requirements and then
applying ALARA. Facilities cannot use ALARA as a shield from regulatory
requirements or to unnecessarily limit inspection activities. Inspectors,
however, should exercise their best judgment to ensure that EPA requirements
are met safely.
• In general, inspections should be both thorough and cost-efficient, while
taking into account personal safety and worker exposure.
• Facilities that handle radioactive materials usually have ALARA procedures in
place. However, if EPA personnel are properly trained and prepared, ALARA
practices will not hinder RCFIA inspections. Inspectors should be aware of
facility-specific procedures when planning mixed waste inspections.
• The ALARA concept is applied to all phases of a project: planning and
design; implementation and operation; and personal safety.
• EPA personnel should consider how ALARA is incorporated into training,
surveillance and monitoring, recordkeeping, and waste management.
A.2. Action Limits
• Related to ALARA are action limits, which are standards for the amount of
radiation a person can safely be exposed to over long periods.
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• There are different limits for workers and for members of the general public.
Dose limits for workers are higher than those set for the general public.
• NRC, DOE, and OSHA all specify dose limits.
Industry usually sets their exposure limits below NRC levels.
• Dose limits for workers are set at 5,000 millirem/year in all cases. NRC limits
for the general public are currently higher than those of DOE (500
millirem/year versus 100 millirem/year). OSHA does not specify limits for the
general public.
• NRC has proposed a reference level of 100 millirem/year for the general
public. This is not a dose limit, but rather is a mechanism to keep annual
doses as low as possible. The proposed NRC dose limit for the general
public will remain at 500 millirem/year.
• The proposed NRC dose limit for workers will remain at 5 rem/year, with some
specific exceptions. For, example, doses caused by external exposures will
be limited to 3 rem/year, and doses greater than 5 rem/year will be permitted
for "planned special exposures."
• EPA's recommendations concerning Federal radiation protection guidance for
occupational exposure can be found in 52 FR 2822.
A.3. Radiation Protection
• Protective clothing and respiratory equipment are not meant to be the primary
protection against radiation.
• Exposure should first be minimized (ALARA) as follows:
- Maximizing distance from source. Ideally, facilities should be designed to
have sufficient aisle space for the inspector to maintain maximal distance
from the source. Dose is inversely proportional to the distance squared.
Minimizing time spent near source. Time spent on careful planning and
preparation will allow the inspector to minimize time spent near the
source during the actual inspection.
Using external shields (natural and artificial). Care should be taken to
place shielding between a person and a radiation source.
Using contamination-avoidance practices. The use of dedicated
equipment (separate equipment for radioactive wastes) will help the
inspector avoid contamination.
B. EQUIPMENT, INSTRUMENTS AND DECONTAMINATION
B.1. Equipment
B.1.1. Clothing
• Protective clothing is designed to prevent the entry of radioactive dust or
particles into the body by absorption through the skin or through openings
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like cuts and wounds. Protective clothing also prevents contamination of
personal effects.
• Protective clothing is removed when leaving radiation areas to prevent spread
of; contamination.
• Respiratory equipment is designed to prevent the inhalation of radioactive
particles.
B.1.2. Radiation Detection Equipment
• Proper detection instruments are of particular importance because radiation
gives no warning (i.e., cannot be smelled, seen, or felt).
• Equipment categories include dosimeters, initial entry devices, and other
survey instruments.
• Dosimeters are used to measure individual doses; initial entry devices are
used for detection; and other survey instruments are used to measure real
time exposure rates and surface contamination.
• EPA hazardous waste personnel should work with EPA and State radiation
officers, as well as NRC or DOE personnel to determine equipment availability
(e.g., Regional/State radiation offices have dosimeter badges that are available
for EPA personnel).
B.1.3. Dosimeters
• Dosimeters can be one of two types. Standard dosimeters can detect gamma
radiation. Special dosimeters detect beta emissions in addition to gamma
radiation. Both types can either measure whole-body exposures or exposures
for certain regions of the body, and can provide direct or indirect readings.
B.1.4. Survey Instruments
• Survey instruments are used to determine if a spot is contaminated or if an
area is safe to enter, but they are not used as analytical instruments. They
show a rate and give real-time readings, and can be set up to sound an
alarm if a release occurs.
B.2. Decontamination
• Different procedures are involved for chemical and radiation decontamination.
• The common goal is to safely decontaminate individuals and equipment.
• Although radioactivity poses an additional danger to the inspector,
instrumentation often makes radioactive contamination easier to detect than
chemical contamination.
B.2.1. Chemical Decontamination
Individual contamination can be washed off with soap and water in most
cases. All water disposed of at an NRC licensed facility is controlled either
through accepted sewage disposal or is routed back to a rad-waste system.
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• Chemical decontamination is of particular concern because no instruments are
readily available to determine occurrence.
B.2.2. Radiation Decontamination
• This refers to removable surface contamination. Instruments make it easy to
determine if an item is radiologically contaminated. It is usually a dry removal
process (tape, brush, etc.), but if the dry process fails, a wet decontamination
practice will be used.
• Protective clothing is usually discarded and personal property that becomes
radioactively contaminated must remain at the facility. EPA personnel should
be aware that property, such as cameras used during inspections, that
becomes radioactively contaminated must remain at the facility.
• Waste generated in decontamination is radioactive and must be appropriately
managed.
C. INSPECTIONS
The objectives of this section are to point out areas where mixed waste inspections
will differ from RCRA hazardous waste inspections, to supplement existing RCRA
and NRC guidance on performing inspections, and to demonstrate how the ALARA
concept is used in practice for personal safety. It is assumed that the fine points
of "normar RCRA inspection procedures are already understood.
Due to the dual regulatory framework and the radioactive nature of the waste, the
RCRA inspector will have to consider:
• Additional health and safety issues (associated with radioactive waste
components);
• Need for additional training; and
• More coordination with other offices and agencies.
Since most mixed wastes are currently managed on-site, many inspections will be
combinations of generator and (usually) storage inspections.
Each Region has a Radiation Office which can provide support from within the
Agency. Inspectors should coordinate with individuals in EPA Radiation Offices on
a case-by-case basis as they determine how to safely handle the radioactive
hazard at mixed waste facilities.
Coordination with other agencies to ensure that the inspection activities are
consistent with the various requirements they may impose.
Combination generator/storage inspections will be particularly important to States
with mixed waste authorization, because States have the primary responsibility for
inspecting generators.
C.1. Objectives of the Inspection
• The objectives of the inspection are to identify suspected violations, assist the
facility owner/operator in understanding and complying with hazardous waste
regulations, assess qualitatively any potential threat to human health or the
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environment, and gather information on the hazardous and mixed waste
management practices.
• Inspections should be planned to minimize the risks associated with mixed
waste, and to avoid repetitive inspection procedures.
C.2. Overview of Mixed Waste Inspection Considerations
• C.4.1. Safety
• In order to address all safety issues, the inspector must understand all
radioactive hazards, obtain and review all safety guidelines, contact the facility
or review the inspection file for facility-specific safety requirements, and identify
and become familiar with safety equipment for radiation.
• These safety considerations are in addition to those normally addressed
during a RCRA inspection.
• Radioactive materials pose safety considerations that must be addressed early
in the planning process (i.e., before the site visit).
C.4.2. Requirements for Access
• Inspectors should:
Obtain all required training for the type of inspection planned;
Training requirements for facility inspections may vary;
- Check with facility and NRC/Agreement State contacts for specific
information;
Obtain the necessary security clearances for the type of inspection
planned.
• In addition to the 40-hour general health and safety training for RCRA
inspections, more specific radiation training will be required.
• Depending on the need of the RCRA inspector the training requirements for
facility inspections may vary. For example, less training will be required if the
inspector has an escort at all times.
C.3. Inspection Stages
• The inspection stages fall into two categories, preparing for the inspection and
on-site activities.
• When preparing for the inspection each stage should be addressed separately
in order to identify areas where mixed waste inspections may differ from
RCRA hazardous waste inspections.
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D. PREPARING FOR THE INSPECTION
D.1. Coordinating with Other Offices and Agencies
• Several offices and agencies may be interested in the mixed waste inspection,
including: NRC and Agreement States; DOE; RCRA Authorized States; EPA
Regional and State radiation contacts; and other EPA offices.
• Joint inspections may be an option.
• By consulting with these offices and agencies as part of the planning process,
regulatory confusion can be minimized and plans can be established so the
inspection benefits all regulatory agencies. These agencies or offices have
resources that may be useful when preparing to conduct a RCRA inspection
involving radioactive waste.
D.2. Gathering Background Information
• Typical information sources include: inspection files, applicable regulations and
guidance documents, facility descriptions, RCRA permits, other permits, and
process descriptions.
waste inspections because a radiation hazard exists and additional regulations
are involved.
• General background research will involve reviewing applicable regulations and
guidance documents from EPA as well as from DOE and NRC.
• Facility-specific research will involve looking at specific processes and unit
operations. It will also include developing an understanding of handling,
management, and disposal procedures.
For RCRA-permitted facilities, permit writers should be contacted for
facility information.
In addition, other existing permits (ali Federal, State, and local permits)
should be reviewed to help identify areas of potential mixed waste
generation or management.
If the waste was historically labeled as radioactive waste and is now
identified as mixed waste, check radioactive waste sources for
information.
D.3. Developing Inspection Plans
• The objectives of the inspection plan are to outline the steps for gathering the
necessary waste generation and management information, to plan and
prepare for each step in the inspection, and to highlight specific areas of
interest.
• When preparing an inspection plan, the inspector needs to consider the
following:
• Access and clearance reguirements. Notification considerations may be more
extensive for mixed waste inspections, particularly at Federal facilities. In
some cases, surprise inspections may not be possible.
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• Required training. Supervisors are responsible for ensuring that all inspectors
dealing with mixed waste have the appropriate health and safety training and
the necessary clearances. This includes keeping records and ensuring staff
receive annual updates.
• Necessary safety equipment. Inspectors should determine what safety
equipment is available at the facility and what safety equipment is available
through EPA.
• Opening interview. During the opening interview the inspector should identify
site-specific issues and be prepared to answer RCRA regulatory questions.
• Record review. Familiarize yourself with processes and unit operations before
the review; they may differ significantly from typical hazardous waste
operations.
• Site inspection. RCRA facility checklists can be used for the actual mixed
waste inspections, but may need to be modified. The inspector may also be
able to review NRC/DOE facility checklists.
E. ON-SITE ACTIVITIES
E.1. Entrance to Facility
• Inspectors that have obtained the necessary training and security clearance
for access need to consider the following points before entering a facility.
Inspectors should carry their training certificates and should remember that
special safety equipment may be required.
• NRC licensed facilities may be required under NRC regulations to see the
appropriate training certificates from inspectors.
• Since NRC always retains jurisdiction over power plants, the inspector need
not worry about Agreement State requirements at commercial nuclear power
plants.
E.2. Opening Discussion With Owner/Operator
• The opening discussion with the owner/operator should outline the inspection
objectives with the operator, help the owner/operator understand and comply
with RCRA regulations, and identify waste streams and mixed waste-
generating processes.
E.3. Operations. Waste Handling, and Record Review
• The operations, waste handling, and record review provides a more detailed
understanding of operations, provides answers to questions the inspector
assembled during background research, helps identify changes in operations,
and helps identify and reconcile discrepancies between described and actual
procedures.
E.4. Determining Sampling Needs
• As with 'normal' RCRA inspections, sampling is usually part of a technical
case development when the inspector suspects that a waste handled only as
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radioactive is actually mixed waste, or when there is evidence of releases. In
most cases, sampling will not be performed during routine compliance
evaluations.
• RCRA gives inspectors the authority to obtain samples of hazardous waste.
Inspectors, however, cannot order owner/operators to take samples unless it
is required by the permit or enforcement order.
• From RCRA §3007: "Officers, employees, or representatives of the EPA are
authorized -
(1) to enter at reasonable times any establishment or other place where
hazardous wastes are or have been generated, stored, treated, disposed
of, or transported from;
(2) to inspect and obtain samples from any person of any such waste and
samples of any container or labeling for such wastes."
• Inspectors should think ahead when determining whether to conduct mixed
waste sampling. Mixed waste sampling is expensive and increases risks to
the inspector, therefore, sampling should only be performed when necessary.
• Inspectors must also be aware of requirements that may apply to mixed waste
samples. Requirements contained in NRC or NRC Agreement State licenses
and Department of Transportation and NRC transportation regulations for both
the radioactive and hazardous components.
Mixed waste samples can only be taken to a facility that has an NRC
license, NRC Agreement State license, or an authorized DOE facility. In
other words, samples must go to a facility that is authorized to receive it.
• Normal RCRA sampling procedures may need to be revised for mixed waste.
• Site-specific sampling considerations include accessibility of the waste,
variations in generation and handling, effect of transitory events such as start-
up, shut-down, and maintenance activities, and anticipated and unanticipated
hazards.
Site Inspection
• The inspection is similar to a "regular" RCRA inspection; it should focus on
key aspects of the process and waste flow.
• Inspectors will want to determine: where mixed waste is generated and
whether the operator handles it as mixed waste; what management practices
exist; whether mixed waste is mishandled or misidentified; and unusual
situations.
Closing Discussion and Documentation
• Documentation and follow-up of a mixed waste facility inspection is similar to
other RCRA inspections. Follow-up for mixed waste inspections, however,
may differ from RCRA inspections in some aspects such as inspection reports
(format may vary), other agencies may have interest in results, and other
offices or agencies may be helpful in interpreting information obtained.
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E.7. Inspection Summary
• Mixed waste inspectors must consider additional factors beyond those of other
RCRA inspections in regards to health and safety, coordination and
information sources, and additional requirements (training, sampling, etc.).
• The optimal approach to mixed waste inspections is to plan thoroughly and to
utilize the resources available to become more familiar with the particulars of
each type of mixed waste inspection.
F. ACCESS, NATIONAL SECURITY, AND CLEARANCES
F.1. Access
• Many of the processing activities that generate DOE mixed waste are defense
related.
• Access is also controlled at nuclear power plants and other nuclear facilities
• RCRA inspectors must be prepared to address access and national security
issues, and will have to obtain appropriate clearances.
• Additional radiation training may be required to gain access to some of the
larger facilities.
• Regional and State inspectors should inquire, in advance, about access
requirements.
• No additional training beyond EPA or OSHA requirements is necessary for
escorted access at NRC licensed facilities.
• For unescorted access at production and utilization facilities EPA inspectors
may either complete the two day site-specific training, or the two day generic
NRC training.
• It is recommended that inspectors conduct initial inspections with an escort.
• When a facility notifies the State or EPA that it is a hazardous waste handler
and the State or EPA has reason to believe the facility handles mixed waste,
the State or EPA Region should send a letter to the facility stating that they
will be conducting inspections and inquiring about training requirements and
how to access the training.
• DOE facility inspections may require national security clearances (e.g., "L" and
"Q" clearances). These are granted by DOE for DOE activities.
• EPA personnel should contact Personnel Security staff at EPA Headquarters
for clearances, and State personnel should contact DOE.
• The type of clearance depends on the classification of the information
required to be reviewed. Obtaining a security clearance will take a significant
period of time and management should plan well in advance to ensure that
inspectors have the necessary clearances.
• Inspectors should address access and clearance issues up-front as part of the
planning process, so that efforts can be made to avoid situations where
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access is denied. Inspectors will have to coordinate with facility operators in
advance to determine which areas are restricted.
• EPA's policy is to meet special security or access requirements to the
maximum extent possible.
• Where information has been classified or restricted for national security or
other reasons, it must be maintained in accordance with the originating
agency's requirements.
F.2. Access Denial
• If access is denied for any reason the issue should be raised to the
appropriate levels of EPA or State management.
• If access is denied for reasons other than national security, standard denial of
access procedures should be followed. If the denial is based on national
security, alternate procedures must be followed.
G. SUMMARY
ALARA is a very important concept for personal safety.
Distance, time, and shielding are the primary methods for reducing radiation
exposure.
Preparation for mixed waste inspections includes emphasis on regulations and
waste management practices associated with mixed waste, radiation training, and
security clearances.
V. PERMITTING MIXED WASTE FACILITIES
This section will identify similarities in objective and scope of the RCRA and AEA
permit/license requirements, highlight areas of potential differences between RCRA and AEA
requirements, and encourage the use of flexibility in applying RCRA permit standards.
This section compares NRC and EPA permitting/licensing requirements. DOE orders were not
incorporated into this comparison because DOE orders are consistent with, but more general
than NRC requirements, and DOE orders incorporate RCRA requirements.
NRC and EPA use different regulatory schemes to achieve their common goal of protecting
health and the environment.
NRC guidance specifies standards based on the potential radiological hazard contained
in the system (i.e., low-level or high-level).
RCRA regulatory standards are based on unit type (e.g., tanks or landfill).
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A. PERMIT PROCEDURES
A.1. Applicability
• DOE facilities and NRC/NRC Agreement State licensees must comply with all
applicable Federal, State, and local regulations concerning any toxic or
hazardous properties of the waste.
• Owners/operators of mixed waste facilities must obtain RCRA permits.
• NRC issues licenses for disposal facilities, production and utilization facilities,
and for the possession and use of source, by-product, and special nuclear
material. These licenses contain very specific requirements which are part of
NRC's comprehensive program to ensure radioactive materials are handled
safely. This section will simply highlight some of these requirements and
compare them to EPA requirements to provide EPA personnel with information
so they can prepare themselves for regulating mixed waste.
A.2. The Application
• NRC license and EPA permit information requirements overlap to some extent;
however, each serves a different purpose. Specific information required for a
RCRA Part A permit includes: information on the type, annual quantity, and
processes to be used for each hazardous waste; SIC codes; and a list of
other permits received or applied for by the facility.
• Specific information required for a RCRA Part B permit application includes:
information on chemical and physical analyses; a copy of the waste analysis
plan; a description of precautions to prevent accidental ignition or reaction;
ground-water monitoring information; and information requirements for each
type of process unit.
• NRC's licensing procedures generally require an appropriate Environmental
Monitoring Program and a Radiation Safety Program, which include monitoring
of any radioactive effluents. These programs may not provide all the
information necessary to satisfy RCRA's permit application requirement for
ground-water monitoring information.
• The detailed and extensive Part B information requirements for each type of
process unit are not included in NRC's regulatory requirements. NRC,
however, has a general authority to require additional information.
A.3. Public Participation
• Public participation requirements such as public notice, public comment, and
public hearings are incorporated into both EPA and NRC regulations.
• All NRC licensing actions are subject to requests for hearings by affected
parties.
• The processes are similar although the specific procedures and the timing
differ.
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A.4. Timeframe for Permit Issuance
• RCRA final permit decisions are issued after the close of the public comment
period on the draft permit.
• NRC final license decisions (for production and utilization facilities) are issued
after a formal evidentiary hearing.
• There are no specific timeframes for issuing decisions under RCRA or NRC
regulations.
B. TECHNICAL PROCESS REQUIREMENTS: TANKS AND CONTAINER STORAGE
B.1. Tank and Container Requirements
• EPA and NRC container requirements are consistent.
• NRC tanks have provisions to monitor liquid levels, raise alarms at high level
setpoints, and withstand the corrosive nature of wet waste.
• RCRA secondary containment requirements include a combination of
containment system and design to prevent uncontrolled releases.
• Storage structures at NRC licensed facilities and at EPA permitted facilities are
required to have curbs or elevated thresholds with floor drains and sumps.
• NRC requirements may in many cases yield a facility that meets all applicable
RCRA requirements; however, a separate evaluation for compliance with RCRA
will be necessary in all cases.
• Response to leaks or spills from tanks:
NRC storage areas are designed to handle accidents, and provisions are
incorporated into NRC licenses to route spilled wet waste to treatment
systems.
The contingency plans in RCRA permits must include procedures for
response to leaks or spills from tanks.
B.2. Facility Self-Inspection Requirements
• NRC requires that storage facilities implement a range of inspection
techniques designed to minimize occupational exposure including:
surveillance programs capable of prompt detection of failure and measurement
of releases; and quarterly visual inspections (conducted through the use of TV
monitors, walk-throughs, or representative containers).
• EPA requires that facilities implement specific self-inspection measures, such
as use of an inspection log, and daily and weekly inspections.
• Consideration:
EPA maintains a practice of walk-through inspections, which may not be
feasible when inspecting mixed waste facilities and may conflict with NRC
policy; however, at many mixed waste facilities walk through inspections
will not be a problem. In addition, walk-through inspections are not
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specifically required in RCRA. Other means of inspecting a facility will
satisfy EPA regulations. The ALARA process should not be degraded.
• Options to resolve differences:
A mixed waste storage facility could be designed to accommodate RCRA
walk-through inspections.
An owner/operator could obtain clarification from EPA that the types of
inspections allowed by NRC are adequate for RCRA requirements.
• Before EPA personnel suggest an alternative design for a mixed waste
storage facility, they should consider the rationale behind the original design.
For example, low-level waste containers may be used as shielding for high-
level waste container, and thus, segregating the storage area may not be the
most practical solution.
C. TECHNICAL PROCESS REQUIREMENTS: INCINERATION
• Incineration is licensed by NRC and permitted by EPA on a case-by-case
basis under national performance standards.
• Biomedical wastes which meet the requirements of 10 CFR 20.306 may be
incinerated without an NRC license. This provision allows disposal or '
incineration without regard to radioactivity, if the radioactivity of the waste is
below regulatory concern.
• NRC licensees must comply with EPA regulations governing the incineration of
any hazardous or toxic property of wastes that meet the 40 CFR Part 261
definition of hazardous waste.
C.1. Recordkeeping
• NRC and EPA require records of waste disposal and emission releases.
• NRC requires that records of disposal of licensed materials are to be
maintained until NRC authorizes their disposition [§20.401 (c)(3)]. NRC also
requires that records of the results of surveys to evaluate the release of
radioactive effluents to the environment must be maintained until NRC
authorizes their disposition [§20.401 (c) (2) (iii)].
• EPA requires the owner or operator to keep a written operating record at the
facility until closure. The operating record must include:
a description and quantity of the waste received with the methods and
dates of its disposal;
the location and quantity of the waste within the facility;
results of waste analysis;
monitoring, testing, or analytical data, if required;
notices to generators, for off-site facilities;
summary reports and details of incidents that require contingency plan
implementation; and
closure cost estimates [§264.73].
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C.2. Performance Requirements
• NRC performance requirements specify maximum dose levels in emission.
• EPA's performance requirements generally are "percent reduction" standards.
EPA permitted incinerators must achieve a destruction and removal
efficiency (DRE) of either 99.99% or 99.9999% depending on the
constituents of concern.
C.3. Operating Requirements
• NRC and EPA specify license/permit operating requirements which will meet
the performance requirements.
• NRC lists numerical guides for limiting conditions for operations to meet
ALARA (i.e., as low as reasonably achievable) criteria for radioactive material
in nuclear power plant effluents. All other licensees comply with ALARA on a
case-specific basis. [10 CFR Part 50, Appendix I]
• EPA lists specific operating requirements, including the requirement that the
fugitive emissions from the combustion zone must be controlled by either
keeping the combustion zone sealed against fugitive emissions, maintaining a
combustion zone pressure lower than atmospheric pressure, or an alternative
means of control. [40 CFR 264.345(d)]
C.4. Monitoring
• NRC requires that each licensee survey emissions to remain in compliance
with the regulations in 10 CFR Part 20 and to evaluate the extent of radiation
hazards that may be present. [§20.201]
NRC also has other specific requirements for certain types of licensees.
• EPA monitoring requirements include the requirement that the owner or
operator must conduct the following monitoring.
Monitoring of combustion temperature, waste feed rates, and gas velocity
on a continuous basis.
Carbon monoxide monitoring at a point in the incinerator downstream of
the combustion zone and prior to release to the atmosphere on a
continuous basis.
Sampling and analysis of the waste and exhaust emissions upon request
of the Regional Administrator. [40 CFR 264.347(a)]
C.5. Consideration
• EPA and NRC requirements for incinerators are developed on a case-by-case
basis; thus incorporating both sets of regulations is relatively easy.
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D. TECHNICAL PROCESS REQUIREMENTS: DISPOSAL
D.1. Licenses for Disposal
• Source, by-product, and special nuclear material licenses may allow for on-site
disposal if disposal process is approved by NRC. [10 CFR 20.302]
Licensee or applicant must submit an application for approval of the
proposed disposal. The application must include a description of the
licensed material, any other radioactive material involved, the proposed
manner and conditions of disposal, an analysis and evaluation of
pertinent information as to the environment, usage of ground and surface
waters in the general area, the nature of other potentially affected
facilities, and the procedures to be observed to minimize the risk of
unexpected or hazardous exposures.
• Source, by-product, and special nuclear licensees may disposal of waste into
a sanitary sewerage system, if the waste is readily soluble or dispersible in
water and meets specific quantity limitations. In addition, waste that meets
certain quantity and type specifications may be disposed of without regard to
its radioactivity. [10 CFR 20.303]
• Disposal of low-level radioactive waste received from other persons (i.e.,
commercial disposal) requires a separate disposal license.
D.2. Typical NRC Disposal Practice
• "Near surface' disposal involves disposal into the uppermost portion of the
earth (i.e., within approximately 30 meters of the surface).
• High-integrity containers can be used for disposal.
• Design and operating requirements minimize migration of radiological
contamination.
D.3. Objectives of the Conceptual Design of a Mixed Waste Disposal Facility
• NRC emphasizes the prevention of entrance of liquids into the unit (i.e., water
contact with radioactive waste should be minimized).
• EPA emphasizes the prevention of release of hazardous constituents from the
unit (i.e., contaminants should not leach from the unit).
• The conceptual design of a mixed waste disposal facility requires that mixed
low-level waste be placed above the original ground surface in tumulus and
blended into topography. The conceptual design integrates two liners and a
leachate collection system and minimize contact between waste and water.
The design also assures long-term stability while minimizing the need for
active maintenance after site closure.
D.4. Liners and Leachate Collection Systems
• NRC regulations do not specify liner or leachate collection and removal
requirements. NRC emphasizes eliminating the infiltration of liquids into the
unit to create a passively protective system where the need for active
maintenance is minimized.
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• Caution must be taken to prevent a "bathtub effect" from the use of RCRA
liners in mixed waste units whereby the waste could become immersed in
water within the disposal unit due to a low permeability bottom surface.
• RCRA systems for leachate collection and removal must be installed above
and between double liners.
• Consideration:
EPA and NRC design and operating requirements are based on different
objectives.
Incorporating both sets of objectives into one facility may be difficult.
• Options to resolve differences:
Exceptions to EPA's double liner and leachate collection system
requirements are allowed if alternate design and operating practices, and
location characteristics are demonstrated to the Regional Administrator's
satisfaction.
Alternatives are to be demonstrated to the Regional Administrator to be
equally effective in preventing the migration of any hazardous
constituents into the ground water or surface water. (Refer to Appendix
O; OSWER Directive 9487.00-8: Joint NRC-EPA Guidance on a
Conceptual Design Approach for Commercial Mixed Low-Level
Radioactive and Hazardous Waste Disposal Facilities. August 3, 1987.)
Also see Appendix P; OSWER Directive 9480.00-14: Combined NRC/EPA
Siting Guidelines for Disposal of Commercial Mixed Low-Level Radioactive
and Hazardous Waste. June 1987.
• In the conceptual design of a double liner and leachate collection system at a
mixed waste facility the perimeter berm for leachate runoff control assures that
leachate is collected below the waste. In addition, the bottom elevation of
solidified waste is required to be above top of the perimeter berm.
• Using this design for a double liner and leachate collection system will satisfy
the NRC requirement to minimize contact of waste with water.
D.5. Covers
• NRC covers must limit the radiation dose rate at the surface of the cover.
Mixed waste containing Class C waste must be under cover of sufficient
thickness to protect against inadvertent intrusion.
• NRC regulations (10 CFR 61.52) specify that waste must be placed and
covered in a manner that limits the radiation dose rate at the surface of the
cover to levels that at a minimum will permit the licensee to comply with the
provisions of 10 CFR 20.105. NRC regulation 10 CFR 20.105 specifies the
permissible levels of radiation in unrestricted areas.
• Both NRC and EPA covers are designed to minimize infiltration, promote
drainage, minimize erosion, and require minimum maintenance.
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• According to the conceptual design additional compacted clay liner should be
placed immediately above emplaced waste if the solidified waste zone does
not consist of engineered vault structure with a top roof.
• Conceptual design of a cover system at a mixed waste disposal facility
consists of an outer rock or vegetative layer, a filter and drainage layer to
transmit infiltrating water, an impervious flexible membrane liner (FML)
overlying a clay liner, and a filter and drainage layer beneath the clay liner.
E. TECHNICAL PROCESS REQUIREMENTS: OTHER TREATMENT
TECHNOLOGIES (SUBPART X)
Miscellaneous treatment units regulated under Subpart X may be used to treat
mixed waste.
Subpart X units must prevent migration of waste constituents to ground water,
subsurface environment, surface water, wetlands, soil surface, and air.
NRC design should minimize intrusion of water into waste.
There are several examples of miscellaneous units that may be applicable to mixed
waste considerations.
• Geological repositories which includes salt mines, caves, and domes, as long
as they are not underground injection wells.
• Certain chemical, physical, or biological treatment units for which there are no
standards, and certain types of thermal treatment units.
EPA can apply any appropriate regulations to a Subpart X unit.
Consideration:
• In some cases, the unique design approaches used to treat, store, or dispose
of mixed waste may be more appropriately identified as miscellaneous units.
F. OTHER REGULATORY REQUIREMENTS
F.1. Omnibus Provision
• The omnibus provision of RCRA allows EPA to incorporate any requirements
the Administrator determines to be necessary to protect human health and the
environment into permit conditions.
Permit writers may incorporate any requirement linked to the
management of hazardous constituents (but not broadening the
regulated universe) if it is based on protection of human health and the
environment (§3005(c)(3)).
F.2. Location Standards
• Hydrologic criteria and long-term stability criteria are generally consistent
between the RCRA and NRC programs.
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• Both EPA and NRC require that a disposal site be suitable for conducting
analysis to determine whether performance standards can be met.
F.3. Ground-Water Protection Standards
• EPA and NRC both have the objective of minimizing contamination of the
ground water.
• EPA and NRC both require ground-water monitoring and evaluation of the
impact and corrective measures.
• EPA and NRC requirements differ in some respects, for example in point of
compliance.
F.2. Corrective Action - Plans
• Commercial NRC disposal facilities are required to submit plans at the time of
license application to account for the possibility of needing corrective
measures if migration of radionuclides indicates that performance objectives
may not be met. Beyond the requirement to submit decommissioning plans in
advance, remedial activities, if necessary, are developed and required on a
site-specific basis.
• Licensees of source, by-product, and special nuclear materials must submit
plans for decontamination when applying for site closure only as regards
residual radioactive contamination remaining at the time the license expires.
Licenses are not terminated until radioactivity levels are suitable for
unrestricted use.
• There is a distinction between decommissioning and corrective action as used
in the RCRA sense.
• Consideration:
Permit writers need to consider the extent of sampling to determine the
rate and extent of releases, given the potential risk associated with
radioactive mixed waste.
An NRC licensee (or DOE facility) may be required to take samples of
mixed waste; however, in determining the necessary level of sampling,
they should consider the potential risk involved with such sampling and
analysis due to radioactivity.
• Options to resolve differences:
Limited sampling, and/or
Model fate and transport.
F.3. Waste Analysis
• EPA requires owners or operators to obtain a detailed physical and chemical
analysis of a representative sample of their waste.
• NRC requires that the license application for disposal facilities include a
description of the radioactive materials proposed to be received, possessed,
and disposed of at a land disposal facility.
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• Waste analysis is required to assure that owner/operators have sufficient
information on the properties of the waste to be able to treat, store, or
dispose of the waste in a safe and appropriate manner.
• The waste analysis may include data developed by the generator and existing
published or documented data on the hazardous waste or on hazardous
waste generated from similar processes.
• RCRA waste analysis plans should incorporate information from applicable
DOE or NRC requirements concerning sampling and testing.
• If the owner/operator has to sample and analyze the waste, all necessary
mixed waste testing must be conducted in laboratories licensed to handle
radioactive waste.
• Only testing of a representative sample of the waste is required to ensure
proper waste management.
• Note, for DOE facilities waste analysis may be conducted at a DOE facility
approved for radioactive testing.
• Considerations:
Sample size, and
Exposure.
• Options to resolve differences:
Rely on knowledge of process to the greatest extent possible,
- Limit sampling activities to the minimum necessary, and
Invoke alternative test methods as appropriate (40 CFR 260.21).
Land Disposal Restrictions (LDRs)
• Mixed waste containing scheduled waste will not be restricted until the Third
Third rule (i.e., May 8, 1990); however, mixed waste containing California List
waste and Solvent and Dioxin waste is restricted from land disposal unless
treated.
The EPA Administrator may grant a national capacity extension based on
insufficient capacity nationwide.
• LDRs may restrict the storage of some mixed wastes.
• If treatment of mixed waste containing a restricted waste is impractical, the
generator may submit a treatability variance which fulfills the requirements of
40 CFR Part 268.44.
• A petition submitted by a generator to demonstrate that there will be no
migration of the hazardous constituents in mixed waste must comply with the
requirements of 40 CFR 268.6.
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• Consideration:
There are difficulties in treating mixed waste in order to comply with the
LDRs.
• Options to resolve differences:
The generator may submit a petition for a treatability variance, or
A facility may submit a no migration petition demonstrating that there will
be no migration for as long as the waste remains hazardous. If this
petition is approved by the Administrator the facility will be exempt from
the LDRs.
F.5. Closure and Post-Closure - Planning
• Written closure plans are required for NRC disposal facilities, and written
decommissioning plans are required for other source, by-product, and special
nuclear material licensees. (NRC decommissioning is comparable to RCRA
closure.
• Written closure plans are required for all processes under RCRA.
• RCRA requirements and guidance for post-closure care are prescriptive.
• NRC closure is intended to prepare the facility so ongoing active maintenance
is not required during the 100-year period of institutional control. In
comparison, EPA closure is intended to minimize the need for further
maintenance and to control or eliminate releases.
• Prior to licensing facilities must make arrangements for State or Federal
institutional control for responsibility for post-closure care. Similarly, RCRA
post-closure plans must be submitted with permit application or submitted
independently if closure occurs prior to permitting.
F.5.1. Closure
• Closure requirements for commercial NRC disposal licensees address
maintenance of package integrity during waste emplacement, minimization of
void spaces between packages, depth of waste emplacement, covering the
waste, boundaries of the disposal unit, and buffer zones.
• Closure concerns for NRC disposal facilities are similar to RCRA's.
• Non-radioactive waste is not necessarily addressed in NRC closure plans.
F.5.2. Decommissioning
• Decommissioning requirements for NRC licensees of source, by-product, or
special nuclear materials involve removing the facility safely from service, and
reducing residual radioactivity levels so the area is suitable for unrestricted
use.
• Non-radioactive waste at an NRC facility is not subject to decommissioning
requirements.
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F.5.3. Closure Plan Approval
• Detailed NRC closure plans are approved by NRC prior to final closure.
• RCRA closure plans must be submitted and approved as part of permit
issuance proceedings, and are continually updated, as changes at the site
necessitate. RCRA also requires closure plans to be submitted independently
if the facility plans to close before permit issuance.
F.5.4. Closure Triggers
• Final decommissioning or final closure of an NRC facility is triggered by
license expiration if not renewed or cessation of operations.
• EPA's closure period is triggered by the receipt of the final volume of
hazardous waste, the permit is revoked or expires and is not reissued, or
operation ceases.
F.5.5. Post-Closure Care
• NRC requirements:
Five years post-closure observation and maintenance by licensee, after
completing closure, to ensure that closure is stable.
Beyond this five-year period active ongoing maintenance is not required
to maintain stability after closure.
Transfer license to site owner (i.e., the Federal or a State government)
after post-closure observation and maintenance period.
In the license review a maximum 100 years institutional control may be
considered.
F.5.6. Post-Closure Care/Long-Term Care Activities
• Institutional control requirements are not inconsistent with RCRA's post-closure
care requirements.
• The length of both the 100-year and the 30-year periods may be reduced.
(The 30 year post-closure care period under RCRA may also be extended (40
CFR 264.117).
F.6. Financial Responsibility
• Commercial NRC disposal facilities must provide financial assurances for
closure and stabilization, as well as for institutional control.
• Source, by-product, and special nuclear licensees must provide financial
assurance for decommissioning.
• Financial responsibility requirements do not apply to Federal facilities (DOE
managed facilities).
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-49-
F.6.1. Financial Responsibility for Closure
• NRC (for commercial disposal facilities) and EPA both specify allowed
mechanisms.
• NRC specifies many of the same mechanisms as allowed under RCRA,
including surety bonds, irrevocable letters or lines of credit, trust funds, and
combinations of the above.
• Similar to estimates of coverage amounts under RCRA coverage amounts for
NRC licensees are based on required cost estimates. NRC cost estimates
must reflect the activities in NRC-approved plan for disposal site closure and
stabilization, and must take into account total capital costs that would be
incurred if an independent contractor were hired to perform the closure and
stabilization work.
• Coverage under NRC is for the five-year post-closure observation and
maintenance period, as well as for the site closure and stabilization.
F.6.2. Financial Responsibility for Long-Term Care
• Prior to the issuance of the license, commercial NRC disposal license
applicants must demonstrate a "binding agreement," such as a lease, with the
owner (i.e., the Federal or a State government) that ensures sufficient funds
are available to cover the cost of monitoring and any required maintenance
during the institutional control period.
• The binding agreement must be approved by NRC prior to license issuance
and reviewed by NRC periodically to ensure that changes in inflation,
technology, and disposal facility operations are reflected in the agreement.
• Financial mechanisms are specified, and the amount of funds is not specified
in the regulation but generally would be based on required cost estimates.
F.6.3. Liability
• There are no NRC liability coverage requirements, although requirements are
being considered.
• The liability coverage for the three commercial disposal facilities is applicable
only to liability from radioactive hazards, and, excludes claims resulting from
hazardous waste.
• Owner/operators of mixed waste facilities must obtain coverage for third-party
liability.
• In Agreement States, low-level radioactive disposal facilities may be subject to
State liability assurance regulations. However, coverage pursuant to such
regulations may be limited to third-party claims resulting from exposure to
radionuclides and would thus exclude claims resulting from hazardous waste.
F.6.4. Consideration
• NRC and EPA financial coverage requirements are similar, and in some cases
NRC licensees may already have overlapping coverage.
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-50-
Summarv
• Similarities between NRC and EPA requirements are extensive.
• Permitting objectives can be met with a flexible approach to detailed
requirements.
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MIXED WASTE TRAINING COURSE
RELEVANT ACRONYMS
AEA Atomic Energy Act of 1954, as amended
ALARA As Low As Reasonably Achievable
BRC Below Regulatory Concern
Bq Becquerel (i.e., 2.7xl0~;; Ci; unit rate of radioactive
decay)
C-14 Carbon-14 (radioactive)
CFC chlorinated fluorocarbon
CFR Code of Federal Regulations
Ci Curie (i.e., the amount of any radionuclide that
undergoes 3.7x10^° decays/second; unit rate of
radioactive decay)
DOE Department of Energy
EP Extraction Procedure
EPA Environmental Protection Agency
ergs erg (i.e., 625,000 MeV; unit of energy)
FML flexible membrane liner
FR Federal Register
Gy Gray (i.e., 100 rad; international unit of absorbed
dose)
H-3 Hydrogen-3 or Tritium (radioactive)
INEL Idaho National Engineering Laboratory (DOE
faciliity)
LDR Land Disposal Restriction
LET Linear Energy Transfer
MeV Million electron volts (extremely small unit of
energy)
MOU Memorandum of Understanding
mrem millirem (i.e., lxlO"5 rem)
NARM Naturally occurring or Accelerator Produced
Radioactive Material
nCi nanoCurie (i.e., lxlO'9 Curies)
NPDES National Pollutant Discharge Elimination System
NRC Nuclear Regulatory Commission
ORP Office of Radiation Programs (EPA)
OSHA Occupational Safety and Health Administration
OSW Office of Solid Waste (EPA)
R Roentgen (i.e., 86.9 ergs/gram of air; unit of
radiation exposure)
rad radiation absorbed dose (i.e., 100 ergs/gram;
absorbed radiation per mass of tissue)
RCRA Resource Conservation and Recovery Act of 1976,
as amended
rem Roentgen equivalent man; a unit for dose
equivalent
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RFI
RCRA Facility Inspection
SIC
Standard Industrial Classification
SRS
Savannah River Site (DOE facility)
SQG
Small Quantity Generators
Sv
Sievert (i.e., 100 rems; unit of dose equivalent)
TC
Toxicity Characteristic
TSCA
Toxic Substance Control Act of 1976
TSDF
Treatment Storage and Disposal Facility
WIPP
Waste Isolation Pilot Plant (DOE facility)
WL
Working Level (i.e., a unit of radioactivity used for
radon)
WLM
Working Level Month (i.e., amount of radiation
taken in by a person exposed to 1 WL for 1 month
(170 hours))
VSI
Visual Site Inspection (RCRA)
-------
Appendix A
Joint EPA/NRC Guidance on the Definition and Identification of Commercial Mixed
Low-Level Radioactive and Hazardous Waste (Directive Number 9432.00)
-------
Umim Si«m
Enwonmentai Protection
Agency
Off
-------
CSV.POLICY DiStCTiVE i.3.
b 4 ¦ • 2 .00-2
TO ALL NRC LICENSEES:
SUBJECT: GUIDANCE ON THE DEFINITION AND IDENTIFICATION OF COMMERCIAL MIXED
LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE AND ANSWERS TO ANTICIPATED
QUESTIONS
Under the Resource Conservation and Recovery Act (RCRA), the U.S. Environmental
Protection Agency (EPA) has jurisdiction over the disposal of solid wastes with
the exception of source, byproduct, and special nuclear material, which are
regulated by the U.S. Nuclear Regulatory Commission (NRC) under the Atomic
Energy Act (AEA). Low-Level Radioactive Wastes (LLW) contain source,
byproduct, or special nuclear materials, but they may also contain chemical
constituents which are hazardous under EPA regulations in 40 CFR Part 261.
Such wastes are commonly referred to as Mixed Low-Level Radioactive and
Hazardous Waste (Mixed LLW).
NRC regulations exist to control the byproduct, source, and special nuclear
material components of the Mixed LLW; EPA has the authority and continues
to develop regulations to control the hazardous component of the Mixed LLW.
Thus, all of the individual constituents of Mixed LLW are subject to either
NRC or EPA regulations. However, when the components are combined to become
Mixed LLW, neither agency has exclusive jurisdiction under current Federal
law. This had led to a situation of dual regulation where both agencies,
NRC and EPA, regulate the same waste.
The enclosed document, "Guidance on the Definition and Identification of
Commercial Mixed Low-Level Radioactive and Hazardous Waste," was developed
jointly by the NRC and EPA to aid commercial LLW generators ir assessing
whether they are currently generatrnq Mixed LLW. This guidancp is based on NRC
and EPA regulations in effect cr December i, 1986. In addition to the
-------
definition and the methodology for identifying Mixed LLW, which we hereby
endorse, the staff has prepared answers to anticipated questions from
generators which are also included.
Sincerely,
Office of Nuclear Material ^
Safety and Safeguards
U. S. Nuclear Regulatory Commission
Assistant Administrator
Office of Solid Waste
and Emergency Response
U.S. Environmental
Protection Agency
Enclosures:
As Stated
-------
CSW'tR POLICY DIRECTIVE NO.
- 0 0 - 2
l
_ GUIDANCE ON THE DEFINITION AND IDENTIFICATION
OF COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE
(87/01/05)
Def1ni tion
Mixed Low-Level Radioactive and Hazardous Waste (Mixed LLW) is defined as waste
that satisfies the definition of low-level radioactive waste (LLW) in the Low-
Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA) and contains
hazardous waste that either (1) is listed as a hazardous waste in Subpart D of
40 CFR Part 261 or (2) causes the LLW to exhibit any of the hazardous waste
characteristics identified in Subpart C of 40 CFR Part 261.
Identi fication
The policy provided in this guidance is developed for commercial LLW jointly by
the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Environmental
Protection Agency (EPA). LLW that contains hazardous wastes defined under the
Resource Conservation and Recovery Act (RCRA) is Mixed LLW. Under current
Federal law, such waste is subject to regulation by NRC under the Atomic Energy
Act (AEA), as amended, and by EPA under the AEA and RCRA, as amended. In the
absence of legislation to the contrary, management and disposal of this waste
must be conducted in compliance with NRC and EPA or equivalent state
regulations.
This guidance presents a methodology (Figure 1) that may be used by generators
of commercial LLW to identify Mixed LLW. Implementation of the methodology
should identify Mixed LLW and aid generators in assessing whether they are
currently generating Mixed LLW. Generators are cautioned, however, that
application of the methodology does not affect the need to comply with
applicable NRC and EPA regulations. Because EPA1s regulations for hazardous
waste are currently changing, generators should use applicable regulations
that are 1n effect at the time of implementation of the methodology. This
guidance has been prepared based on NRC and EPA regulations 1n effect on
December 1, 1986.
Application of this methodology to identify Mixed LLW will reveal the
complexities of the definition of Mixed LLW. If generators have specific
questions about whether LLW is Mixed LLW, they should promptly .contact the
agencies by writing to the persons listed below.
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CS'.VER PCLiCY DIRECTIVE NO.
J 2 .00-2
2
For questions-about whether the
waste is low-level radioactive
waste, contact:
For questions about whether the
waste is hazardous waste,
contact:
Dr. Sher Bahadur
Division of Waste Management
Mail Stop 623-SS
U. S. Nuclear Regulatory Commission
Washington, DC 20555
Assessment Division
Mail Code WH-562B
U. S. Environmental
Mr. Alan Corson
Deputy Director
Characterization and
Protection Agency
401 M Street, S.W.
Washington, DC 20460
Methodology
Step 1. Identify LLW
Step 1 in the methodology requires that the generator determine whether the
waste is LLW as defined in the LLRWPAA. This Act defines LLW as radioactive
material that (A) is not high-level radioactive waste, spent nuclear fuel, or
byproduct material as defined in section lie.(2) of the AEA (I.e., uranium or
thorium mill tailings) and (B) the NRC classifies as LLW consistent with
existing law and in accordance with (A). If the generator determines that the
waste is LLW, the generator should .proceed to step 2. If the determination is
negative, then the waste cannot be Mixed LLW because it is not LLW. However,
the waste may be another radioactive or hazardous waste regulated under AEA,
RCRA, or both statutes.
Step 2. Identify Listed Hazardous Waste
In step 2, the generator determines whether the LLW contains any hazardous
wastes listed in Subpart D of 40 CFR Part 261. Subpart D of Part 261 is
reproduced 1n Appendix I of this guidance. LLW is Mixed LLW if it contains any
hazardous wastes specifically listed In Subpart D of 40 CFR Part 261. Listed
hazardous wastes include hazardous waste streams from specific and non-specific
sources listed 1n 40 CFR Parts 261.31 and 261.32 and discarded commercial
chemical products listed in 40 CFR Part 261.33. The generator is responsible
for determining whether LLW contains listed hazardous wastes. The
determination should be based on knowledge of the process that generates the
waste. For example, if a process produces LLW that contains spent solvents
that are specifically listed in the tables of Subpart D of Part 261, the
generator should suspect that the waste is Mixed LLW.
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Figure 1. Identification of Mixed LLW.
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4
OS'AER PCL1CV DIRECTIVE NO.
9 4-2 - 00- ¦>
Step 3. Identify Hazardous Characteristics
If the LLW does not contain a listed hazardous waste, Step 3 of the methodology
requires the generator to determine whether the LLW contains hazardous wastes
that cause the LLW to exhibit any of the hazardous waste characteristics
identified in Subpart C of 40 CFR Part 261. This determination can be based on
either (1) an assessment of whether the LLW exhibits one or more of the
hazardous waste characteristics because it contains non-AEA materials (i.e.,
materials other than source, special nuclear, and byproduct materials) based on
the generator's knowledge of the materials or processes used in generating the
LLW or (2) testing of the LLW in accordance with the methods identified 1n
Subpart C of Part 261. Except for certain ores containing source material,
which are defined as source material in 10 CFR 40.4(h), and uranium and thorium
mill tailings or wastes, NRC and EPA interpret the definitions of source,
special nuclear, and byproduct materials to include only the radioactive
elements themselves. Generators should identify non-AEA materials contained in
the LLW by examining the process that generates the waste. For example, if the
process mixes byproduct material (an AEA material) with a volatile organic
solvent (a non-AEA material), the generator would test representative samples
of the LLW that contain the solvent waste to determine 1f the waste exhibits
any of the characteristics because it contains the solvent. If the generator
selects testing as the basis for the determination, testing should be performed
if there is reason to suspect that the waste contains non-AEA materials that
may cause the LLW to exhibit the characteristics in Subpart C.
Under these circumstances, the generator should collect and test representative
samples of the LLW to determine if the waste exhibits any of the
characteristics identified 1n Subpart C because 1t contains the non-AEA
materials. These characterlsties Include ign1tabi11ty (§261.21), corroslvity
(§261.22), reactivity (§261.23), and Extraction Procedure (EP) toxicity
(§261.24). Waste testing should be conducted in a manner that 1s consistent
with the worker protection requirements in 10 CFP» Part 20. The purpose of the
characteristics tests is to Identify hazardous wastes that are not specifically
listed in Subpart D of 40 CFR Part 261. Test methods to collect representative
samples of wastes are described in Appendix I of 40 CFR Part 261. The samples
should then be tested using the referenced testing protocols (e.g., ASTM
Standard D—93—79 or D-93-80 for the Pensky-Martens Closed Cup IgnitabiHty
Test). EPA's testing requirements are reproduced in Appendix II of this
guidance. It should be noted that on June 13, 1986, EPA proposed a
modification to the EP Toxicity testing requirements to include organic
consti tuents.
If LLW contains a listed hazardous waste or non-AEA materials that cause the
LLW to exhibit any of the hazardous" waste characteristics, the waste is Mixed
LLW and must, therefore, be managed and disposed of in compliance with EPA's
RCRA regulations in 40 CFR Parts 124, and 260 through 270, and NRC's
regulations in 10 CFR Parts 20, 30, 40, 61, and 70. Management and disposal of
Mixed LLW must be conducted in compliance with state requirements in states
with EPA-authorized regulatory programs for the hazardous components of such
waste and NRC agreement state radiation control programs for LLW.
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1
OSWER POUCY DIRECTIVE NO.
u ¦ 9 0 0- *>
Questions and Answers
As a supplement to the Guidance on the Definition and Identification of
Commercial Mixed Low-Level Radioactive and Hazardous Waste (Mixed LLW),
answers to anticipated questions are included to clarify obscure points
and to stimulate additional questions from potential Mixed LLW generators.
1. Are my low-level radioactive wastes exempt from RCRA because they are
source, special nuclear, or byproduct materials as defined under the AEA?
Except for certain ores containing source material, which are defined as source
material in 10 CFR 40.4(h), and uranium and thorium mill tailings or wastes,
NRC and EPA consider that only the radionuclides themselves are exempt from
RCRA. Section 1004(27) of RCRA excludes source, special nuclear, and byproduct
material from the definition of "solid waste." RCRA defines solid waste as:
"any garbage, refuse, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility and other discarded
material, including solid, liquid, semisolid, or contained gaseous
material resulting from industrial, commercial, mining, and agricultural
operations, or from community activities, but does not include solid or
dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under section 402 of the
Federal Water Pollution Control Act, as amended (86 Stat. 880), or source,
special nuclear, or byproduct material as defined by the Atomic Energy Act
of 1954, as amended (68 Stat. 923)." [emphasis added]
Since "hazardous waste" is a subset of "solid waste," RCRA also excludes
source, special nuclear, and byproduct materials from the definition of
hazardous waste and, therefore, from regulation under EPA's RCRA Subtitle C
program. Section 11 of the Atomic Energy Act, as amended, defines these
radioactive materials as follows:
Source material means (1) uranium, thorium, or any other material which is
determined by the Atomic Energy Commission (AEC) pursuant to the
provisions of section 61 of the AEA to be source material, or (2) ores
containing one or more of the foregoing materials, in such concentration
as the AEC may by regulation determine from time to time.
Special nuclear material means (1) plutonium, uranium enriched in the
isotope 233 or in the isotope 235, and any other material which the AEC,
pursuant to the provisions of Section 51 of the AEA, determines to be
special nuclear material; or (-2) any material artificially enriched by any
of the foregoing, but does not include source material.
Byproduct material means (1) any racioactive material (except special
nuclear material) yielded in or- xaae radioactive by exposure to radiation
incident to the process of producing or utilizing special nuclear
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OSWES POLICY DIRECTIVE
9 4 3 2 . 00-2
2
material-, and (2.) the tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed primarily for
its source material content.
Source, special nuclear, and byproduct materials, however, may be mixed with
other radioactive or non-radioactive materials that are not source, special
nuclear, or byproduct materials. For example, tritium may be contained in
toluene, a nonhalogenated aromatic solvent. Consistent with the definition of
byproduct material, the tritium may be considered a byproduct material, while
the toluene that contains the tritium would not be byproduct material.
Mixtures of toluene and tritium could satisfy the definition of Mixed LLW
because they contain listed hazardous waste (spent toluene) and tritium that
may qualify as LLW if it has been produced by activities regulated by NRC under
the AEA.
2. What are some examples of Mixed LLW?
A preliminary survey performed for the NRC identified two potential types of
Mixed LLW:
0 LLW containing organic liquids, such as scintillation liquids and
vials; organic lab liquids; sludges; and cleaning,
degreasing, and miscellaneous solvents.
° LLW containing heavy metals, such as discarded lead shielding,
discarded lined containers, and lead oxide dross containing
uranium oxide; light water reactor (LWR) process wastes
containing chromate and LWR decontamination resins containing
chromium; and mercury amalgam in trash.
The preliminary survey concluded that potential Mixed LLW comprises a small
percentage of all LLW. For example, LLW containing organic liquids accounted
for approximately 2.3% by volume of LLW reported in the preliminary survey
(Bowerman, et al., 1985).
An earlier survey identified a more diverse universe of potential Mixed LLW
including wastes that contained aldehydes, aliphatic halogenated hydrocarbons,
alkanes, alkenes, amino acids, aromatic hydrocarbons, chelating agents, esters,
ethers, ketones, nitrosamines, nucleotides, pesticides, phenolic compounds,
purines, resins, steroids, and vitamins (General Research Corporation, 1980).
NRC also anticipates that additional LLW may be identified as Mixed LLW in the
future, as generators implement the definition of Mixed LLW and as EPA revises
the definition of hazardous waste. -
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OS-.' no.
H.>2 . 0 0 -- 2
3
3. Could some "below regulatory concern" wastes be considered Mixed LLW?
A determination that radioactive wastes are below regulatory concern (BRC) for
radioactivity may affect how the wastes are managed or discarded, but it does
not affect the legal status of the wastes. Specifically, their status with
respect to the definition of Mixed LLW does not change. BRC waste is still LLW
because it satisfies the definition of LLW in the LLRWPAA and "is within the
NRC's jurisdictional authority under the AEA.
When radioactive waste contains sufficiently low concentrations or quantities
of radionuclides, NRC may find that they do not need to be managed or disposed
of as radioactive wastes. For NRC to make such a finding, management and
disposal of the waste must not pose an undue radiological risk to the public
and the environment. However, NRC's determination that the radioactive content
of the wastes is below NRC regulatory concern does not relieve licensees from
compliance with applicable rules of other agencies governing non-radiological
hazards (e.g., regulations of EPA or the Department of Transportation).
Therefore, some BRC wastes may still be considered Mixed LLW if they contain
hazardous wastes that have been listed in Subpart D of 40 CFR Part 261 or that
cause the LLW to exhibit any of the hazardous characteristics described 1n
Subpart C of 40 CFR Part 261. BRC Mixed LLW may be managed without regard to
its radioactivity (but it must still be managed as a hazardous waste in
compliance with EPA's regulations for hazardous waste generation, storage,
transportation, treatment, and disposal (cf. 40 CFR Parts 262 through 266)).
4. If I use chemicals in my process that are identified by EPA as hazardous
constituents, should I assume that my LLW is Mixed LLW?
No. Low-level radioactive waste that contains hazardous constituents may not
necessarily be Mixed LLW. As defined above, Mixed LLW is LLW that contains a
known hazardous waste (i.e., a listed hazardous waste) or that exhibits one or
more of the hazardous characteristics because it contains non-AEA materials.
For wastes that are not listed in Subpart D of 40 CFR Part 261, testing is not
necessarily required to "determine" whether the LLW exhibits any of the
hazardous characteristics. A generator may be able to determine whether the
LLW is Mixed LLW based on knowledge of the waste characteristies or the process
that generates the LLW.
Furthermore, if the generator normally segregates LLW from hazardous and other
types of wastes, there is no need to assume that hazardous wastes may have been
inadvertently mixed with LLW or to inspect each container or receptacle to
ensure that inadvertent mixing has -not occurred. Although the generator is
subject to RCRA inspections and must follow the manifest, pre-transport, and
other requirements of 40 CFR Part 262, the generator is not required to
demonstrate that every LLW container does not contain hazardous waste.
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4
y 4-'2 , 00-2
5. What are_EPA and NRC currently doing to address the Mixed LLW issue, and
what should generators do in the interim before a regulatory program for Mixed
LLW is established?
An incentive exists for generators to minimize the generation of Mixed LLW
because Mixed LLW must currently be managed and disposed of in compliance with
the regulatory controls of both EPA and NRC. These dual regulatory controls
complicate management and disposal of the waste. NRC and EPA are presently
working together to develop guidance for generators and disposal site operators
on the management, treatment, and disposal of Mixed LLW. In the interim,
generators are encouraged to minimize the generation of Mixed LLW through
management practices such as waste segregation and materials tracking.
Generators and waste handlers are also encouraged to consider treatment
techniques to reduce the amount and hazards of Mixed LLW requiring licensed
land disposal. Kempf et a2 (1986) prepared a preliminary evaluation of current
practices and potential management options for Mixed LLW. Current disposal
site operators must develop and operate facilities to dispose of Mixed LLW in
compliance with both NRC and EPA requirements or cease disposing of Mixed LLW.
Licensees should recognize that all of these activities must be performed 1n
compliance with applicable NRC requirements in 10 CFR Parts 20, 30, 40, 50, 61,
and 70, and applicable EPA requirements in 40 CFR Parts 124, and 260 through
270, or applicable State requirements.
6. What should I do if I believe that the RCRA regulations are inconsistent
with the AEA regulations?
Section 1006 of RCRA states that, "Nothing in this Act shall be construed to
apply to (or to authorize any state, interstate, or local authority to regulate
any activity or substance which is subject to . . . the Atomic Energy Act of
1954 (42 U. S. C. 2011 and following) except to the extent that such
application (or regulation) is not inconsistent with the requirements of such
[Act]." This provision allows the modification of the RCRA requirements when
they are found to be inconsistent with the AEA requirements. "Inconsistent"
includes situations where satisfying both sets of regulations (RCRA and AEA
regulations) would increase the radiation hazard, would be technically
infeasible, or would violate national security interests. Variances from the
RCRA requirements may be granted to generators, transporters, and facilities
that treat, store, or dispose of Mixed LLW.
NRC licensees may petition for variances from RCRA requirements when they
believe that application of one or more of these requirements would be
inconsistent with the AEA. NRC licensees should first discuss the
inconsistency with NRC prior to preparing the petition. NRC1s review
will ensure that the licensees' interpretations of the AEA requirements
are correct and that the reasons for the variance petition are technically
sound.
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0Sii-. CiRECTIVE N.O.
9 4 2.00-2
5
7. How can I^obtain representative samples of heterogeneous trash included in
LLW to perform the hazardous characteristics tests?
Before discussing the collection of representative samples of waste, generators
are reminded that they are net required to test all LLW to determine if the
waste contains hazardous wastes that cause the LLW to exhibit the hazardous
waste characteristics. Such comprehensive testing of all LLW would likely
violate the principle of keeping radiological exposures as low as is reasonably
achievable. Generators should select testing as a basis for determining
whether the LLW exhibits any of the hazardous waste characteristics if they
cannot make the determination based on their knowledge of the process that
generates the LLW.
Representative samples of waste should be collected for testing in accordance
with EPA's regulations in 40 CFR Part 261.20(c), which state that waste samples
collected using applicable methods specified in Appendix I of Part 261 will be
considered as representative samples for hazardous characteristics testing.
This appendix has been included in its entirety in Appendix II of this
guidance. The sampling techniques described in Appendix I of Part 261 apply to
extremely viscous liquids, fly ash-like material, containerized liquid wastes,
and liquid wastes 1n pits, ponds, lagoons, and similar reservoirs. In the
absence of guidance about sampling heterogeneous wastes, generators should use
appropriate portions of the sampling methods described in Appendix I of Part
261 in combination with other methods to collect, to the maximum extent
practicable, representative samples of the waste to be tested.
References
Bowerman, B. S., Kempf, C. R., MacKenzle, D. R., Si ski nd, B. and P. L.
Piciulo, 1985, "An Analysis of Low-Level Wastes: Review of Hazardous
Waste Regulations and Identification of Radioactive Mixed Wastes,"
NUREG/CR-4406, U. S. Nuclear Regulatory Commission.
General Research Corporation, 1980, "Study of Chemical Toxicity of Low-Level
Wastes," NUREG/CR-1793, U. S. Nuclear Regulatory Commission.
Kempf, C. R., MacKenzle, D. R., and B. S. Bowerman, 1986, "Management of
Radioactive Mixed Wastes in Commercial Low-Level Wastes," NUREG/CR-4450,
U. S. Nuclear Regulatory Commission.
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Appendix I
-------
Subpart 0—Uitt af Hazardeui
Waitti
(2(1.30 G«n«rmj.
(a) A solid waste Is a hazardous
wute If It Is listed Is this subpart,
unless It hu been excluded from this
list under <1 200.20 and 260.22.
(b) The Administrator will indicate
his basis for listing the classes or types
of wastes listed In this Subpart by em-
ploying one or more of the following
Hazard Codes:
mr min Mam in
Carom wuu ... ... (a
0MCM .
-------
IHl-Jl Hazardous niui from non-ipeci/lc touirct.
The following solid wastes are listed hazardous wastes from non-specific
sources unless they are excluded under || 260.20 and 260.22 and listed tn Appen-
dix IX.
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Tha Mowng apem noMwiogrwee warj Xf+m acetone aw acetate aw 1 (>)*
Dercene aw mar maw «oayf»« «etone n-ocf- weew. nciewwa and l
mawanoi and na art aoaori i (rom tne raoa ar> 01 ma wm u
Tha ta0w*nQ apart* norwwooenaiad aofventa C/aaott and create aod and (T)
muueiuvio an ao** >o»oni mo«#e«/bienaa oa«ora t*e. a wa1 of
tar gar earn or mora (by volume) of one or mora of *e asov* now nawpenaied
atfiam or r«aa ao**ma Wad r fmi *ooa, md *008 and eta ooncme >vn I
9- laooiar-i of vmm ape* wama W apani eofxrw mm I
Tha waowwng apam im'i rmyariaiad acfremx ?*wane maw «W aeaone carton j 0 T)
om\*m apouunor Pimone oamana iwnatfau. and 2 muwunane an j
apam eauem ^mm/Mndi eorna**if before uaa. a (Mat pf ten oarean or
mora (by «o^ma) of one or mora of dw apo*e ien naropanaieil aufnarm or rtoae
au>»u wad at *001. *001. ar *304 and afl ooauma ran tie mm mi of
¦apt »v« via (T)
naaaaa
-------
I 261.32 Hmxardoua >uU< from ipeeiflc lourcti.
The following solid wastes ire listed hazardous wastes from specific sources
unless they are excluded under ft 260.20 and 260.22 and listed In Appendix IX.
nounry tnd EPA noamou*
««U No
1 Bonom m&mm flucg» from ma wmemni of kihiiih from wcoe wmm ty j (7)
I pronnw giai um oraoaota ano/or perueefweefwioi i
K002
K003
*004
K005 .
koc«
r
m
Wsswweier fraatmru «udge from tf» poducw cl moffWlti oranga p^mona — ! fT)
Wutwur gaatwm smog* from cn« produew of doc yatto* p^mami | fT)
ei enreme gnen evwe .... I fH
Mrmydroia and nydratad)
Westewew traatmrw imdgi from tra mnmrwir of rcn sm wywanii _
from no ffpodueood of e
I Ovtmseon «oa an from v» eroouewn of •cewoehyw owyfoo.
Bottom mm from vm auiiMir iuww « tr» prooueeon of I
| Bottom m—o« «rqm napmnatana .. J T)
! 0»enaoo« aofloma from ma producaon of pntnaac wmnwa from napfflftaiana _ .. T)
| Ostriaao* kgnt roi »om va gna,*now of pww* at»»ama (rom ufB»i»>aa - _ 7)
j DMUton (jutuhu *rom ra producaon of gruwt nvrMi from inmioa .... ' T)
,_i OvaMMon oonuma from tna product*) of nwuuamam Or ** wuun of uaruwia _l fH
. J Ittppng tw> im from 9* prqrtLn:anw of ma**r atf»»* ppnana* . _ | (T)
. j Carwduqa an» flaauuori mmyaa tram ttuana fraocparan proouew : [«. T)
> amttm W 0* rtyoroonomtdf «e« n ra produaon of i.i.i«*Baor* I m
-------
matmry and EPa
- WUH No
*00
<099
jLptom* i
K044
«0*S
*044
*047
>>UU1*
*oa .
*049
KCSQ
K051
*0«
ron and
KO01
KOtt .
KOM
*t00 .
*au .
K 701 -
Coiung.
KMO
KO07
h«i«> «ndi or frtUUwn from vm dStUabeo 0* KMUMuwi'mi^ * 1
produeuo" ot 2 a.S-T
2 «w »ow »» fuflimnr oi 2.4-0 _ _
from tr* producton «t 2 *0 ..._ -
MiitMW wmvmm wudgw *om m manMctmg w nrm—i
So*»i c«oo* from tn« of MMmw eonmnrq nptomm . . .
waatMttor vudgn from N mcmffteiuinQ. (ormuuon m loung
iMd-OMad nuunq oomoouw
0w*/rad attar irem TVT apnaom ..
m
r*>
cf (T)
<*)
D—U> 1 V NOttton fDAF) flo«] from ffw WTOWvr* nAwg nduflry .
Sttc o" tmyiaci aoaoi from r« pecowi i-oivwiq nouttry - -
0—nw am tv eudge front oowtg jponocm
[48 PR 4S1I. Jui. 18. 1981. u amended at 48 PR 21478-21477, May 20. 1981: 49 FR 37070,
Sept. 21. 1984: 50 PR 42942. Oct. 23. 198S: SI PR 5330, Peb. 13. 1988: SI PR 19323. May 28.
1986]
Errtcnvt Dat* Note At 31 PR 1330, Peb. 13. 1988. In 1 281.32. rate stream "KllT.
K118. and K138" in the eubiroup "Organic Chemicals" vera added. effective Aucuii 13.
1986.
(261.33 Discarded commercial chemical
product*. ofT-« purification ipeciet. con-
tainer reiidues. and ipiU residue*
thereof.
The following material* or Items are
hazardous wastes If and when they are
discarded or Intended to be discarded,
when they are mixed with waste oil or
used oil or other material and applied
to the land for dust suppression or
road treatment, or when. In lieu of
their original intended use. they are
produced for use as (or as a compo-
nent of) a fuel, distributed for use as a
fuel, or burned as a fuel.
Any commercial chemical prod-
uct, or manufacturing chemical inter-
mediate having the generic name
listed in paragraph (e) or (f) of this
section.
(b) Any off-spedflcatlon commercial
chemical product or manufacturing
chemical Intermediate which, if it met
specifications, would have the generic
name listed in paragraph of this section,
or any container or inner liner re-
moved from a container that has been
-------
used to hold any off-speclflcatlon
chemical product and manufacturing
chemical intermediate which. If it met
specifications, vould have the generic
name listed in paragraph (e) of this
section, unless the container Is empty
as defined is 1361.7(b)(3) of this chap-
ter.
[Comment Unless the residue ts being bene-
ficially ued or reused. or legitimately recy-
cled or reclaimed: or being accumulated,
(tared, transported or treated prior to such
use. re-use. recycling or reclamation. DA
consider! the residue to be Intended for dis-
card. and thus a hasardous waste. An exam-
ple of a legitimate re-use of the residue
vould be where the residue remains In the
container and the rnntalnw Is used to bold
the same —w—<«¦> chemical product or
manufacturing chemical product or manu-
facturer chemical Intermediate It previous-
ly held. An example of the discard of the
residue vould be where the drum Is lent to
a drum recondltloner who reconditions the
drum but discards the residue.]
(d) Any residue or contaminated soil,
water or other debris resulting from
the cleanup of a spill into or on any
land or water of any commercial
chemical product or manufacturing
chemical intermediate having the ge-
neric name listed In paragraph (e) or
(f) of this section, or any residue or
contaminated soil, water or other
debris resulting from the cleanup of a
spill, into or on any land or water, of
any off-speclflcatlon chemical product
and manufacturing chemical interme-
diate which. If It met specifications,
would have the generic name listed In
paragraph (e> or (f) of this section.
[Comment The phrase "commercial chemi-
cal product or manufacturing chemical In-
termediate having the generic name listed
In . . reten to a chemical substance
which Is manufactured or formulated for
commercial or manufacturing use which
consists of the eommerdallr pure grade of
the chemical any grades of the
chemical that are produced or marketed,
and all formulations In which the chemical
la the eole active ingredient. It does not
refer to a material, such as a manufacturing
process waste, thai contains any of the sub-
stances listed In paragraph or . Where
a manufacturing process waste is deemed to
be a hasardous waste because It nrmtstns a
substance listed in paragraph . such
waste will be listed In either 1261.11 or
IJ6143 or will be identified as a hasardous
waste by the characteristics set forth in
Subpart C of this part.)
(e) The commercial chemical prod-
ucts. manufacturing chemical interme-
diates or off-speclilcatlon commercial
chemical products or manufacturing
chemical Intermediates referred to In
paragraphs (a) through (d) of this sec-
tion. are identified u acute hazardous
wastes (H) and are subject to be the
small quantity exclusion defined In
I 201.3.
tComment For the convenience of the regu-
lated community the primary hasardoui
properties of these materials have been indi-
cated by the lettere T (Toxicity), and R (Re-
activity). Absence of a letter Indicates that
the oompound only Is listed for acuta toxici-
ty.)
These wastes and their correspond-
ing EPA Hazardous Waste Numbers
are:
i*
ii
a—
na
post
AflNnn i inn
POM.
AM
pom
iMWIt «.
benevQeytafr mm
arm
tnTwo 9%*"* 9
< *awy< 1
POOS
00 TO
%»mm
MM
"KM
Atom
POOS
POO?
awt
POOL
POO*
/WWUIMM pm (W)
Pi 11
P010
mni. woe
P011
A/MnC (Itn OB0I
POM
Atmmi (V? —»
P011_—
POlt
Armrm fOM
Ann*.
POM
POtJ
Aston*
tow* umtoi
PON
M«e
post
1J lniwtoH Ml 1
P014
emmwy)-
P0lft__
POlt.
iHawMyl1 OT
P01?
IMI
Inw
PW1
(TMW otwm*
t
-------
-------
WM1I NO I
P0T5
P111
P103
Pl04
pios
P106
P107
PiOt .
poii
pioe
P115
P109 .
Pi 10 .
P111.
ma
«•2 .
piu..
mj.
pi 14
pus.
P04S
P04»
P014.
®ne .
P026 .
P0?2
P063
n»
pni
pi 19
Pi20.
"001
P1J1
P'U
piaa
tr>W—v'Cuont and mas
Siyomn»owi 13 urfnorr
Thaic ondt
ThaMViU) OOO*
riMunii) urn 111
Thgpumo mMm
Thant (KnoreWfV)-
1 oaofttMltriyi
TNauraa tMn&
TriCftiOmr*
U1§0
ua*
inu
^ pftanyt- L-
wHv 111 ¦ 111 •
U011
Amw
U012
Ajw» fl.T)
U014
AtflWW
uon _ ....
Auwvw
U010
Aanraai 9 j-qwaai ' %
MdamroeaAonvO «W"W)-
>4in wfiyffo i> tmtvM > i-
(I) The commercial chemical prod-
ucts. manfacturlng chemical Interme-
diates. or off-speclflcatlon commercial
chemical products referred to In para-
graphs (a; through .
[Comrrunf For the convenience of the regu-
lated community, the primary hazardous
propertlei of ttaete materials have been Indi-
cated by the letters T (Toxicity). R tReac-
tivity). 1 dgnliabUlty) and C (Corrotivity).
Abaence ot a letter Indicate* that the com-
pound ts only listed for toxlcHy.1
These wastes and their correspond-
ing EPA Hazardous Waste Numbers
are:
1 Itratwuw N N j wwn > pr»wmio
• linwif 1 ¦< 4,4-*moymrweml
' •ewnamme mMucrtonat
-------
HftUrOOwt I - HAWQOU*
' W*ft« No ' ~*UnCe WU(i HO
0090
JOSS
U169
Ui«
U185
U020
U020
U207
UQ23
0*34
0021
U202
U120
U022 .
U022 .
U197
uon
U090
uots
U021
U0T3
U091 .
UOM
U024
UQ27 .
U244
U028 .
U2«6 .
U22S
U030
U12» .
U172
UQ3S
U031
U1S9
UiSO
U0S3
U074
UC31 .
U1M
U032 ••
una
U17|
utre
U177
U21# .
U097 -
U215
U1S4
UW3
U211 .
UQ33 -
U»4
U035
UQ36
UOM _
U037 .
UOM ..
U041 .
U042 .
| IWnixK 1,2 wimwmoiy « propyl
i Btnivna (i-memvwCTyik (i)
, 3«nz*n« (i T)
pwt»cryor>>w»
aad awonat iC B)
Oboit—unoryt c^toro* iC A)
6w>m \2 4
Bnum, (WoromwHC A.T)
1,3 ^nw» (l,T)
(v£*yt V0WO (l)
C>eooyi< Kid
Ctoun cfromau
Carfttmc aod. «©V Mt«r
Cmane tad f«nv«ma»>
>i wffy M mtrmi
C«oonc aoo. mMD ian
UD4I.
U092 -
C«rQon cayfeondt (A.T)
Cjrtton
Caroorv feonai (A T)
CNortt
' (l.T)
iOnar»2.1 iwnuiuuim
JOtforNV* ««¥ «Mr
bees-CWewme
t Cwuiu o ttm-4,
Chrome ted, cmwd
U0S5
u2«e
IM97
UOM
U057
U130
UOM
0240
U0S9
uoeo
uoei
U14J
U062
U133
U221
uou
uou
U064
U062
U070
UC71
U072
UQT3
U074
U075
U1B2
I Csr+rm (I)
! Cy«no9*t orontdt
2 *4-0 mu «no mm*
000
DOT
fiorarniorpjuyimu u,
rjifiarwtc^} piwi 2.
Owt«t«
lA.T)
2H-
, OfemliMa
1X5.»
1.2 yj &x»uuw»'»iw
! txc
Otturyt ghtwete
•Kl3-Oworee^<>
3.5 Ocmiu h (i,i mm** 2 potr^
UO07
1.234
1,4-
NNOeWydmene
OO^itfy Smtmfc
UOMtVYtP
MO
Owffiyfwr—pwfw
7.12-0»iwei»w* I • 1«w«ib»»
i (*)
Ctmvtc tea
-------
SkMtanci
0076
UC7T
uiu
U131
J024
U003
U11T .
U025
Ulft* .
U206
UJ09 .
U2'6
\J2*7
\J227
: kjO
EBWw 1,1
6tn»n« i.2
EtJww 1.1.1 j-tewcfwr»
Cnant. 1 12-2-wrecfeero-
EMm 1.1,1
Etnarv i.m
(«w«. craoro
EtTwn* |
Kffan* 1 1 Jcmpro
ENm t«r»t J-ocraarc
Cffwtt. 1.1 X2 *wwT*a
Evana. LZ-in
Ctimm H
(CAT)
MAUraout
Wuil No
SuMunci
U140 . .
ncouryi uoonoi [i T)
UU! ..
iMU'fcm
uuj _
Mpona
UlO
Lt—xarj^K
ui«
imo mmii
uus
Lmo prenmn
Ui«4
LMd IMIWI
U1W . . _
unatm
U147
MW« wmw
u»a
uim "mm
U149
ynowm
U1S0
w«oniir
U151
U«rarv
U1S2
y«nmi|DiBim (i t>
UO02 .. ...
Mtfiniiww, Mtnifc (1)
UQ»
MWn>, brwno»
U04S
uo*
MtBW, eWor» 0 T)
HONMRMy*
uoto ZZZ
U075
umM,
MtCHM
MflOWW.
U1M
MiMnSi sd^
unt
UMiMUtane m. afq* tttor
U211
umm. —
U1J1
U1S3
H—fl.Tl
U225
**¦»•
111*1
MtVWW,
U1»
Monroe too |C,T)
U036
4.7 y>^mdi U4Uri>oc»
twawaa4.y.7> w>¥iu
U1S4
Mimw
U'tt
!
1
J
p
uieo
MWH I«n (*.T)
U1M
UOTyetftt*
UW
MWY ¦OWWl' WW (1)
U1U
M>gi)i m—ctiUm fl.T)
U1M
U161
1 MW¥ 1 WMi 0)
Ul*
U010 ___
MMnw C
uou
111 irt n 1 —11 io»
[p tiiwto |J.| himi wrm 1 »!¦!
nwmpmiw>rni|i)-7 jj.io mwnuu
M.1 i-WiiWfi^wey
1
-------
Hoardous j
JSf MM NC
SifMIWH'M
*4&Z&."OOUI
WUII NO
SuMVM
UC26
Ut69
U170
U171
UtTJ
U1T3
(J 174
UH1
ui:«
t'177
U178
Ut7«
Ut60 .. -
U101 . —
'U1U
U0» - .
Ults . . .
U041
U1«3 --
U1t3 -..
U1U
U1U
SmW7
U1M -
U187 .
IHM -
U04*
U039 . ...
uoai . .
U0t2
UlOl
U1T0 —
Sm *027 .
Oo -
Oo -
Oo ...
• 2 Aa^tr*yufTw* N N'^utf-crtoromvtnyi)
i totroowa^n* (IT)
I *<1HK
2J » m>q>> a-
! 2-Ncopgptrm (IT)
Nf
N HUfOXmn^llfrwn
N Nffrq»c W WOWOW*
H >•' u>u N WffiyHtf—
N HHili H umiiymWIUlW
n nmmjwMnim
H»>Wrc>OP»ffoxm
UOutneMna L2<4oaoa
¦ OOM 2-
Otrtm (i.T)
noraomnoi
(I)
Ph*nei 2-»H»
U143
tod lmo tan
U087
U1»
^eaprwM rMi <*)
U190
Ut»i
2 o T)
U027
ftrjmn, U9r*ml2-
U1«3
UTtt
t-^qptnet. 2J a—wm . pw—mw O i|
U12V
1-Pnaoenet 2.3 w>
U140
i-Preewet 2 iwwmn {l.T>
U002 ,
2 (0
U007
j^opininM
DpflMM 4
U243
¦ MM
FTQOn.
1-Proen. I.IZUJIWKIWII
UWV -i
U1S2
i-fiinnim—.1 weei|i (I.T1
\xm
1*M» am to
U113
I'P'KWH iaa. «* war m
U11I'
iAnm tad. Kneviyt-. My Mar
Ul«
2*ee»«ee tea. a-mev. "wev mw
SmFQv
U1*4
IM*
i> ftue»ww (I T)
nmondB
IMM
»»ndw»
U1M
r>nM. mci wenww 1-w
jvw)*
Ul7f
I4M
Etc pMCMi «**n irawi « uww
«M of t0% or DM.
(Approved by the Office of Management
and Budftt under control number 2050-
0047)
[45 m nut. TU41. Not. 35. 1980. at
amended u 41 m 27471, May 20. 1M1: 49
-------
Appendix II
-------
Subpart C—Characteristics of
Hazardous Watte
S 261.20 General.
(a) A solid wute. u defined in
I 261.2. which Is not excluded from
regulation as a hazardous waste under
I 261.4(b), 15 a hazardous wute It it ex-
hibits any of the characteristics identi-
fied in this subpart.
[Comment 1262.11 of this chapter sets
forth the generators reiporuibillty to deter-
mine whether hu wute exhibits one or
more of the characteristics identified In this
subpart]
(b) A hazardous wute which is iden-
tified by a characteristic in this sub-
part. but ts not listed u a hazardous
waste in Subpart D. is assigned the
EPA Hazardous Waste Number set
forth in the respective characteristic
in this subpart. This number must be
used in complying with the notifica-
tion requirements of section 3010 of
the Act and certain recordkeeping and
reporting requirements under Parts
262 through 265 and Part 270 of this
chapter.
(c) For purposes of this subpart, the
Administrator will consider a sample
obtained using any of the applicable
sampling methods specified In Appen-
dix I to be a representative sample
within the meaning of Part 260 of this
chapter.
ICommfnt: Since the Appendix I jampling
methods ire not being formally adopted bv
the Administrator a person who desires to
emplos an alternative sampling method is
not required to demonstrate the equivalency
of his method under the procedures set
forth in i| 260 20 and 260.21.1
[45 F"R 33119. May It. 1980. as amended at
48 FR 14294. Apr. 1. 1983)
1261.21 Characteristic of lgnitability.
(a) A solid wute exhibit* the charac-
teristic of lgnitability 11 a representa-
tive sample of the wute hu any of
the following properties:
(1) It is a liquid, other than an aque-
ous- solution containing less than 24
percent alcohol by volume and hu
flash point less than 60'C (140'F), u
determined by a Pensky-Martens
Closed Cup Tester, using the test
method specified in ASTM Standard
D-93-7B or D-93-80 (incorporated by
reference, see | 200.11), or a Setafluh
Closed Cup Tester, using the test
method specified in ASTM Standard
D-3278-78 (Incorporated by reference,
see | 260.11), or u determined by an
equivalent test method approved by
the Administrator under procedures
set forth In II 260.20 and 260.21.
(2) It Is not a liquid and is capable,
under standard temperature and pres-
sure. of causing fire through friction,
absorption of moisture or spontaneous
chemical changes and. when Ignited,
burns so vigorously and persistently
that It creates a hazard.
(3) It Is an lgnitable compressed gu
u defined In 49 CFR 173.300 and u
determined by the test methods de-
scribed In that regulation or equiva-
lent test methods approved by the Ad-
ministrator under || 260.20 and 260.21.
(4) It Is an oxidizer u defined In 49
CFR 173.151.
(b) A solid waste that exhibits the
characteristic of lgnitability. but is not
listed u a hazardous wute in Subpart
D. hu the CPA Hazardous Wute
Number of D001.
(45 re 33119. May 19. 1980. as amended at
46 FR 35247. July 7. 19811
I 261.22 Characteristic of eorrosmty.
(a) A solid wute exhibits the charac-
teristic of corrosivity if a representa-
tive sample of the wute hu either of
the following properties:
(1) It is aqueous and hu a pH less
than or equal to 2 or greater than or
equal to 12.5. as determined by a pH
meter using either an EPA test
method or an equivalent test method
approved by the Administrator under
the procedures set forth in || 260.20
and 260.21 The EPA test method for
pH is specified as Method 5.2 in "Test
Methods for the Evaluation of Solid
Waste. Physical-Chemical Methods'
(incorporated by reference. see
1260.11).
(2) It is a liquid and corrodes steel
(SAE 1020) at a rate greater than 6.35
mm (0.250 inch) per year at a test tem-
perature of 55'C (130'F) as determined
by the test method specified in NACE
(National Association of Corrosion En-
gineers) Standard TM-01-69 u stand-
ardized in "Te3t Methods for the Eval-
uation of Solid Wute. Physical/
Chemical Methods" (incorporated by
reference, see 1 260.11) or an equiva-
lent test method approved by the Ad-
ministrator under the procedures set
forth in || 260.20 and 260.21.
(b) A solid wute that exhibits the
characteristic of corrosivity. but Is not
listed u a hazardous wute in Subpart
D. hu the EPA Hazardous Wute
Number of D002.
(45 FR 33119. May 19. I960, as amended at
46 FR 35247. July 7. 19811
-------
$261.23 Characteristic of resetivity.
(a; A solid waste exhibits the charac-
teristic of reactivity if a representative
sample of the waste has any of the fol-
lowing properties:
(1) It is normally unstable and read-
ily undergoes violent change without
detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive
mixtures with water.
(4) When mixed with water. It gener-
ates toxic gases, vapors or fumes in a
quantity sufficient to present a danger
to human health or the environment.
(5) It is a cyanide or sulfide bearing
waste which, when exposed to pH con-
ditions between 2 and 12.5. can gener-
ate toxic gases, vapors or fumes in a
quantity sufficient to present a danger
to human health or the environment.
(6) It is capable of detonation or ex-
plosive reaction if it is subjected to a
strong initiating source or if heated
under confinement
<7> It is readily capable of detona-
tion or explosive decomposition or re-
action at standard temperature and
pressure.
(8) It :s a forbidden explosive as de-
fined in 49 CFR 173.51. or a Class A
explosue as defined in 49 CFR 17353
or a Class B explosive as defined in 49
CFR 173 88.
n "Test Methods for th* evalua-
tion of Solid Wast*. Physical/Chemical
Methods." ¦
This manual also contains additional in-
fonnauon on application of th«se protocols.
-------
Arravix II—EP Toxicitt Ttsi
PSOCZBCTtXS
A. extraction Procedure (CP)
1. A representative sample of the watte to
be tested .minimum size 100 grams) shall be
obtained usim the methods specified In Ap-
pendix I or any other method capable of
yielding a representative sample within the
meaning of Part 260 [For detailed culdanee
on conducting the various aspect* of the EP
see "Test Methods for the Evaluation oI
Solid Waste. Physical/Chemical Methods"
'incorporated by reference, see I 290.11)J
2. The sample shall be separated Into Its
component liquid and solid phase* using the
method described in "Separation Proce-
dure" below. If Uit solid residue ¦ obtained
using this method totals leu than O.J°i of
the original weight of the waste, the residue
can be discarded and the operator shall
treat the liquid phage at the extract and
proceed Immediately to Step S
3. The solid material obtained from the
Separation Procedure shall be evaluated for
lu particle slxe. If the solid material has a
surface area per (ram of material equal to.
or greater than, J.l cm' or panes through a
9.5 mm (0.375 inch) standard sieve, the oper-
ator shall proceed to Step 4. If the surface
area Is smaller or the particle slxe larger
than specified above, the solid material
•hall be prepared for extraction by crush-
ing. cutting or grinding the material so that
It passes through a 9.1 mm (0.315 inch) sieve
or. if the material is In a single piece, by
subjecting the material to the "Structural
Integrity Procedure" described below.
4 The solid material obtained in Step 3
shall be weighed and placed in an extractor
with 16 times Its weigh: of delonned water.
Do not allow the material to dry prior to
weighing. For purpose* of this test, an ac-
ceptable extractor Is one whjch will Impart
sufficient agitation to the mixture to not
only prevent stratification of the sample
and extraction fluid but also insure that all
sample surfaces are continuously brought
Into contact with well mixed extraction
fluid.
5. After the solid material and delonlzed
water are placed In the extractor, the opera-
tor shall begin agitation and measure the
pH of the solution in the extractor. If the
pB Is greater than S.0. the pH of the solu-
tion shall be decreased to SO ± 0.2 by
0.5 N acetic add. If the pH is equal
to or leu than 5.0. no acetic add should be
added. The pB of the solution shall be mon-
itored. at dMcrlbed below, during the eoune
HaMrdoua Watte Streams." CPA 600/3-10-
014. January 1M0.
•The percent solids it determined by
drying the filter pad at S0*C until It reaches
constant weight and then calculating the
percent solids using the following equation:
Pereent solids -
l»»^ni w cea ~ «e*d) - iwi ¦«>» o pert
nasi a*cm a mcw*
of the extraction and IS the pB rues above
5.2. 0.5N acetic acid lhall be added to bring
the pB down to 5.0 = 0.2. Bowever. In no
event shall the aggregrate amount of acid
added to the solution exceed < ml of acid
per gram of solid. The mixture shall be agi-
tated for 24 houn and maintained at 20'-
40'C <6i"-104*F> during this time. It Is rec-
ommended that the operator monitor and
adjust the pB during the course of the ex-
traction with a device such as the Type 4S-A
pB Controller manufactured by Cheptrtx.
Inc.. Hills bore. Oregon 97123 or Its equiva-
lent. In conjunction with a metering pump
and reservoir of O.SN acetic add. If such a
system It not available, the following
manual procedure shall be employed:
(a) A rB meter shall be calibrated In ac-
cordance with the manufacturers specifica-
tion*.
(b) The pB of the solution shall be
checked and. If necessary, O.SN acetic acid
shall be manually added to the extractor
until the pB reaches 5.0 s 0.2. The pB of
the solution shall be adjusted at 15. 30 and
60 minute intervals, moving to the next
longer Interval If the pB does not have to be
adjusted more than O.SN pB units.
ic) The adjustment procedure shall be
continued for at least 6 houn.
(d) If at the end of the 24-hour extraction
period, the pB of the solution Is not below
5.2 and the maximum amount of add (4 ml
per gram of solids) has not been added, the
pit shall be adjusted to 5.0 s 0.2 and the ex-
traction continued for an additional four
hours, during which the pB shall be adjust-
ed at one hour intervals.
6. At the end of the 24 hour extraction
period, deionixed water shall be added to
the extractor In an amount determined by
the following equation.
V-(20)(W)-16(W)-A
V«ml delomzed water to be added
W- weight in gnmi of solid charged to ex-
tractor
A-ml of O.SN acetic add added during ex-
traction
7. The material In the extractor shall be
separated into Its component liquid and
solid phases as described under "Separation
Procedure."
a. The liquids resulting from St*pa 2 and 7
ahail be combined. This combined liquid (or
the watte itself If it hat less than * percent
solids, as noted In Step 2) Is the extract and
shall be analysed for the presence of any of
the contaminants specified in Table I of
1261.24 using the Analytical Procedures
designated below.
Separation Procedure
Equipment: A filter holder, destined for
filtration media having a nominal pore slxe
of 0.45 micrometers and capable of applying
a S.3 kg/an" <75 pal) hydrostatic preasure to
the solution being filtered, ahail be uMd.
Por mixtures containing rtonaboorptlre
solids, where separation can be effected
without imposing a 5.3 kg/on1 pr—uri dif-
ferential. vacuum f LI ten employing a 0.45
micrometers filter media can be used. (Por
-------
further guidance on filtration equipment or
procedures iee "Test Methods for Evaluat-
lng Solid Wute. Phytleal/Chemlea] Meth-
~oos" Incorporated by reference. see
I 280.11) Procedure 1
(I) Following manufacturer'* directions,
the filter unit shall be assembled with a
filter bed counting of a 0.45 aucromtter
filter membrane. For difficult or alow to
filter mixtures a prefUter bed ~"l*lT",'f of
the following prefllten in Increasing port
112* <0.85 micrometer membrane, fine flan
fiber prefUter. and coarse clan fiber pro-
filter) can be used.
(II) The waste shall be poured into tbt fil-
tration unit.
(III) The reservoir shall be slowly pressur-
ised until liquid begins to flow from the fil-
trate outlet at which point the pressure In
the filter shall be Immediately lowered to
10-15 pslg. Filtration shall be continued
until liquid flow ceases.
(Iv) The pressure shall be Increased step-
wise In 10 pal increments to 73 pals and fil-
tration continued until flow ceases or the
pressurizing gas begins to exit from the fil-
trate outlet.
(v> The filter unit shall be depressurlsed.
the solid material removed and weighed and
then transferred to the extraction appara-
tus. or, in the cue of final filtration prior to
analysis, discarded. Do not allow the matert-
'Thii procedure is Intended to result In
separation of the "free" liquid portion of
the wute from ar.y solid matter having a
particle size >0 45 If the sample will
not filter, various other separation tech-
niques can be used to aid in the filtration.
As described above, pressure filtration la
employed to speed up the filtration profess
This does not alter the nature of the separa-
tion. If liquid doe* not separate during fil-
tration. the wane can be oentrlfuged. If sep-
aration occurs during centrlfugation. the
liquid portion (centrlfugate) Is filtered
through the 0.48 nffl filter prior to becoming
mixed with the liquid portion of the wute
obtained from the Initial filtration. Any ma-
terial that will not pan through the filter
after centrlfugation it considered a solid
and Is extracted.
al retained on the filter pad to dry prior to
weighing.
(vl) The liquid phase shall be stored at 4'C
for subsequent use in sup 8.
B. Structural Integrity Procedure
Equipment: A Structural Integrity Tester
having a 3.18 an (1.23 in.) diameter hammer
weighing 0.33 kg (0.73 lbs.) and having a
free fall of 15.24 cm (8 in.) shall be used.
This device Is available from Associated
Design and Manufacturing Company. Alex-
andria. VA 23314. is Part No. 129. or It may
be fabricated to meet the specifications
shown in Figure 1.
Procedure
1. The sample holder shall be filled with
the material to be tested. If the sample of
waste Is a large monolithic block, a portion
shall be cut from the block having the di-
mensions of a 3J cm (1.3 In.) diameter x 7.1
cm (3.8 in.) cylinder. For a fixated wute.
samples may be can In the form of a 3.3 cm
<1.3 In.) diameter x 7.1 cm (2.8 In.) cylinder
for purposes of conducting this test. In such
cases, the waste may be allowed to cure for
30 dan prior to further testing.
2. The sample holder shall be placed Into
the Structural Integrity Tester, then the
hammer shall be raised to its maximum
height and dropped. This shall be repeated
fifteen times.
3. The material shall be removed from the
ample holder, weighed, and transferred to
the extraction apparatus for extraction.
Analytical Procedure* ftar Analysing txtraet
Contaminant*
The test methods for analysing the ex-
tract are u follows:
1. For arsenic, barium, rartmlnm chromi-
um. lead, mercury, selenium, silver, endrln.
lindane, methoxychlor. toxaphene. 2.4-
D(2.4-dichloropbenoxyicetic acid] or 2.4.5-
IT (2.4.5-trlehlorophenoxypropionlc acid].
"Test Methods for the Evaluation of Solid
Waste. Physical/Chemical Methods" (Incor-
porated by reference, see I 260.11).
2. (Reserved]
For all analyses, the methods of standard
addition shall be used for quantification of
tpedes concentration.
1
-------
Appendix B
State Authorization to Regulate the Hazardous Components of Radioactive Mixed Waste
Under the Resource Conservation and Recovery Act
July 3, 1986. (51 FR 24504)
-------
14504
Federal Register / Vol. 51, No. 128 / Thursday, July 3,1988 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
IFRL-3041-3]
State Authorization To Regulate the
Hazardous Components of
Radioactive Mixed Wastes Under the
Resource Conservation and Recovery
Act
aoency: Environmental Protection
Agency.
ACTION: Notice.
SUMMARY: The Environmental Protection
Agency (EPA) is today publishing a
notice that in order to obtain and
maintain authorization to administer
and enforce n hazardous waste progrum
pursuant to Subtitle C of the Resource
Conservation and Recovery Act
(RCRA), States must have authority to
regulute the hazardous components of
"radioactive mixed wastes".
"Radiouctive mixed wastes" are wastes
that contain hazardous waBtes subject
tu RCRA and radioactive wastes subject
to tho Atomic Energy Act (AEA).
date: States which have received EPA
authorization prior to the publicity date
of this Notice must, within one year of
tho publication date of this notice (two
yeurs if a State statutory amendment is
required) (i.e., by July 3,1987 and July 5,
1988), demonstrate authority to regulate
the hazardous components of
radioactive mixed wastes. States
initially applying for final authorization
lifter July 3,1907 mu9t incorporate this
provision in their application for final
authorization.
FOR FURTHER INFORMATION CONTACT:
nenixp Hawkins. Office of Solid Wuste
(WH-503-B). u.S. Environmental
Protection Agency. 401 M Street SW.,
Washington. DC 204G0. (7.02) 302-2210.
SUPPLEMENTARY INFORMATION:
A. Authorization of State Hazardous
Waste Programs
Section 3000(b) of RCRA provides that
States may apply to EPA for
authorization to administer und enforce
a liazurdous waste program pursuant to
Subtitle C of RCRA. Authorized State
programs arc carried out in lieu of the
Federal program. However. EPA is
authorized to implement the Hazardous
and Solid Waste Amendments to RCRA
(HSWA) (Pub. L 98-610) n authorized
States until those States revise their
programs to Incorporate the HSWA
requirements and receive EPA
authorization to implement HSWA.
Requirements for obtaining
authorization are set forth in 40 CFR
Part 271. To date. 41 States have
received final authorization (not
including HSWA).
B. Regulation of Radioactive Wastes
Section 1004(27} of RCRA excludes
from the definition of "solid waste",
"source, special nuclear or byproduct
material as defined by the Atomic
Energy Act of 1954, as amended (AEA)
(08 Stat. 923)." Since "hazardous waste"
is defined by section 1004(3) as a subset
of "solid waste", "source, special
nuclear and byproduct material" are
exempt from the definition of hazardous
waste and thus from the Subtitle C
program.
While source, special nuclear and
byproduct material are clearly exempt
from RCRA, Ihe extent of the statute's
applicability to wastes containing both
hazardous wsste and source, special
nuclear or byproduct material has been
les evident. The question of which
wastes are encompassed by the term
"byproduct material" has also been the
subject of some controversy. We note
that the definition of byproduct material
is currently the subject of rulemaking by
the Department of Energy (DOE). (50 FR
45738. November 1,1985).
Given the lack of clarity on this issue,
EPA did not previously rc quire as a
condition of State authorization that the
State have regulatory authority over the
hazardous components of radioactive
mixed wastes. In authorizing States,
EPA did not inquire into State authority
over the hazardous components of
radioactive mixed wastes and made no
determination of whether States had
authority over such wastes.
Accordingly, the Agency has taken the
position that currently authorized State
programs do not apply to radioactive
mixed wastes.
Thus, radioactive mixed wastes are
nut currently subject to Subtitle C
regulations in authorized States.1 EPA
has now determined that wastes
containing both hazardous waste and
radiouctive waste are subject to the
RCRA regulation.
Today, we are hereby publishing
notice that, pursuant to 40 CFR 271.9
(which requires Slate programs to
regulate all wastes controlled under 40
CFR Part 201), radioactive mixed waste*
are to be part of authorized State
programs. States that already have
authorized programs must revise their
programs (if necessary) and must apply
for authorization for hazardous
components of radioactive mixed
wastes. States must demonstrate to the
appropriate EPA Regional Administrator
that their program applies to all
hazardous waste even if mixed with
radioactive waste. This demonstration
must be made within one year of the
publication date of this notice.1 Stales
1 Tht exception to thli I* in tha un of EPA'i
HSWA authorities in authorized States. EPA can
un fti HSWAsuthoritles to supplement an
authoriud State's authority over RCRA-reguleted
unite. Under I MM(u). EPA can Jointly laaua a
permit with the State and impoae corrective action
requirement! on hauidous waste mana|ement
unite and eolid waata management unlU (swmu'sl at
faclliUee that contain unite aub|ect to RCRA.
Although hatardoua components of radioactive
mixed wattes an not RCRA-regulatad under
aulhorited State RCRA progrsma. radioactive
mixed waste will be considered to be a "eolid
waste" for purposes of corrective action at solid
waste management units. The Federal definition o(
"solid waste" Is to ba used In determining whet
units are swmu's. because Slate definitions were
not scrutinized. Therefore, in order to obtein
authonzation for corrective action. States must
obtain authorization for their definition of solid
waste, which may not exclude hezardous
components of radioactive mixed wanes. Because
radioactive mixed waste Is considered a solid waste
under Ihe Federal RCRA program, units containing
radioactive mixed wastes are swmu's and are
sub|ect to corrective action //there Is another unit
requiring a RCRA permit at the facility. RCRA
enforcement activities also apply.
• EPA is not promulgating a regulation today.
However, in light of the Agency's previous policy,
we believe it is epproprtate to provide Ihe time
allowed by 40 CFR 271.21(e)(2) for State program
modifications to conform to regulatory changes.
Nnle that EPA has proposed to amend 40 CKK
271.21 to allow States until July 1 of each year to
incorporate changes to Ihe Federal program that
occurred in the preceding 12 months. Where
statutory chenges are necessary, an additional year
would be allowed (51 FR 490-S04. |anuury 0. t'J
-------
Federal Register / Vol. 51. No. 128 / Thursday, July 3.1986 / Notices
24505
initially applying for final authorization
one year after the publication date of
this notice must make this
demonstration in their initinl
application.
In most cuses. this will require only an
interpretive statement by the State
Attorney Gcncrul. since most States
have the sume exception to the
definition of "solid waste" as that
contained in section 1004(27) of RCRA.
Some Stitles, however, may require
statutory amendments in order to
regulute the hazardous components of
radioactive mixed wastes. Such Suites,
if ulrcudy authorized, must revise their
programs within two yeurs of the
publication date of this notice. Styles
initially applying that need a statutory
amendment will have to obtain the
amendment before submitting nn
application for finul authorization.
In order to demonstrate regulation of
the hazardous components or
radioactive mixed wastes. States should
submit lo the appropriate Regional
Administrator a copy of all applicable
statutory and regulatory provisions, plus
a statement by the Stat? Attorney
General to the effect that the State's
hazardous waste program applies to
wastes containing both hazardous waste
and radioactive waste as defined by the
AEA. If an agency other than the
authorized hazardous waste agency will
implement the radiouctive mixed wastes
program, the authorization application
must include a description of the
agency's functions |sec 40 CFR 271.6(b))
and a Memorandum of Understanding
between thai agercy and the authorized
hazardous wuste agency, describing the
roles and responsibilities of each.
The DOE has proposed an interpretive
definition of the term "byproduct
material" (50 FR 45738. November 1,
1905), und is now evaluating public
comment. Pending clarification of this
issue, this mutter will be addressed on a
case-by-case basis.
We also note thut section 1006 of
RCRA precludes uny regulation by EPA
or a State which is inconsistent with the
requirements of the Atomic Energy Act.
KI'A and the State may. therefore, on a
ciisu-by-citsi: basis use the authority or
9 1000 to modify hazardous waste
requirements to address radioactive
mixed wastes activities, pending
issuance of F.PA's regulation which will
set forth procedures for addressing the
inconsistency issue. In addition. EPA.
the Nuclear Regulatory Commission
(NRC). and DOE will be working
together to develop guidance.
Notwithstanding any other provision
of law. all requirements of the AEA and
all Executive Orders concerning the
handling of restricted data and national
security information, including "need-to-
know" requirements, shall be applicable
to any grant of access to classified
information under the provisions of
RCRA.
Dated: |une 30.19S6
|. Winston Porter,
Assistant Administrator for Solid Waste and
Emergency Response.
(FR Doc. 80-15250 Filed 7-2-S6:12:10 pm
BILL!HO COOC IMO-M-tf
-------
Appendix C
Radioactive Waste: Byproduct. May 1, 1987. (52 FR 15937)
-------
15937
Rules and Regulations Federal KegUt«r
Vol. 62. No. S4
Prldoy, May 1. 1807
This section d the FEDERAL REGISTER
coo lama regulatory documents having
general applicability and legal effect most
of which are keyed to and codified in
the Code of federal Regulation*, which Is
published under SO title* pursuant to 44
U.S.C. 1510.
The Code of Federal Regulations la add
by the Superintendent ol Documents.
Prices of new books aro listed In the
first FEDERAL REGISTER Issue o< each
week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7CFR fart 910
[Lemon ReguUi.'an 559]
Lemons Grown in California and
Arizona; Limitation of Handling
AOENCV: Agricultural Marketing Service.
USD A.
action: Final rule.
summary: Regulation S59 establishes
thp quantity of fresh California-Arizona
lcmo:*i that ir.ty be shipped to market at
330,000 cartons during the period May 3-
0.1087. Such action la needed to balance
the supply of fresh lemons with market
demanJ for the period specified, due to
the marketing situation confronting the
lemon industiy.
DATES: Regulation 559 (i 910.059) is
effective for Ihc period May 3-0,1907.
FOR FURTHER INFORMATION CONTACT
James M. Sconlon, Acting Chief,
Marke'«ng Order Administration Branch,
FAV. a:mS. USHA. Wash. ^ton. DC
20250, U\jpho< e: (202) 447-5007.
SUPPLEV.cKTAf 11NFORMATION: This
final rule has ween reviewed under
Executive Ordrr 12291 and
Departmental Regulation 1512-1 hns
been determined lo be a "non-mojor"
rule under criteria contained therein.
Pursuant to requirements set forth in
the Regulati.-' Flexibility Act (RFA). the
Administrator of the Agricultural
Murkctiis Sorvice has determined that
this acti.>i! will not have a significant
economic Impact on a substantial
number of small entities.
The purpose of the RFA is to fit
rcgulatorv notions to the scale of
business c
-------
15930 Fodural Register / Vol. 52, No. 04 / Friday, May 1, 1987 / Rules and Regulations
Gcncii:' Counsel for Environment, GC-
11, Department of Energy. 1000
Independence Avenue SW.,
Washington, DC 20505. Telephone (202)
500-0947.
Raymond P. Derube. Acting Director,
Office of Environmental Guidance and
Compliance. EH-23, Department of
Energy, 1000 Independence Avenue
SW.. Washington DC 20585,
Telephone (202) 506-5000. .
SUPPLEMENTARY INFORMATION:
Background
RCRA establishes a comprehensive
regulatory scheme, administered by the
Environmental Protection Agency (EPA)
and EPA-Luihnrizcd States, governing
the generation, transportation,
treatment, storage and disposal of
hazardous waste. Federal agencies arc
required by section G001 of RCRA (42
U.S.C. 0961) to comply with the
requirements of that regulatory scheme
in the same manner, and to the same
extent, as nny private person or entity.
Under section 1004 of RCRA (42 U.S.C.
(WQ3), the "hazardous waste" governed
by RCRA is a subset of the statute's
definition of "solid waste." The
definition of "sulid waste," however,
expressly excludes "source, special
nuclear, or byproduct materlul as
defined by the Atomic Energy Act."
Those materials, instead, continue to be
regulated under the AEA either by the
Nuclear Regulatory Commission (NRC)
nr by DOE.
The AEA's definitions of the terms
"source material" and "special nuclear
material" are specific in nature, and
present no particular difficulty of
interpretation. The AEA's definition of
"byproduct material," in contrast,
•.peaks only generally of "ony
radioactive material (except speciul
nuclear matcriul) yielded in or made
radioactive by exposure to the radiation
incident lo the process of producing or
utilizing special nuclear material." AEA
section 11e(l), 42 U.S.C. 2014(e)(1). The
lack of specificity in this definition,
coupled with RCRA's exclusion of
byproduct material from its hazardous
w;i:i(e regulatory scheme, has raised a
question concerning which DOE
radioactive waste streams, if any,
should be considered byproduct
material not subject to regulation under
RCRA.
The Proposed Rule
On November 1.1905, DOE published
u notice of proposed rulemaking (50 FR
•15730) in winch it proposed to adopt an
interpretative rule clurifying RCRA's
applicability to DOE radioactive waste,
liriefly summarized, that proposed rulo
would have established u distinction
between "direct process" radioactive
waste (/.ff. waste directly yielded in, or
necessary to. the process of producing
and utilizing special nuclear material)
and other radioactive waste less
proximate to the physical process of
producing or utilizing special nuclear
material. Under the proposed rule, direct
process waste, even if it contained
hazardous material, would have been
regarded as byproduct material, and
thus woi'i-i be regulated exclusively
under the AEA. Any radioactive waste
other than direct process waste, if it
contained hazardous material, would
have been considered "mixed waste"
subject to regulation under both RCRA
and the AEA.
As DOE noted the Federal Register
preamble to the proposed rule, the
legislative history of the AEA provides
little guidance In interpreting the
statutory definition of byproduct
material, and application of the
definition has not been clarified by
judicial interpretation. Because the plain
words of the definition are keyed to the
process for producing and utilizing
special nuclear material, however, it
seemed that process must be regarded
as a critical factor in determining
whether particular radioactive materials
fell within the definition. Accordingly,
one significant feature of the "direct
process" approach, as discussed in the
preamble to the proposed rule, was its
congeniality with the bare text of the
statutory definition of byproduct
material.
A major consequence of the "direct
process" approach was the fact that it
would result in the exclusive regulation
of all direct process waste under the
AEA. Just as the legislative history of
the AEA provides little help in
interpreting the statutory definition of
byproduct material, the legislative
history of RCRA is silent on the
intended effect of RCRA's exclusion
from its coverage of source, special
nuclear and byproduct material.
Nevertheless, DOE assumed that that
exclusion was intended by the Congress
to be applied to radioactive wastes in
their real-world configuration. Virtually
all radioactive waste substances are
contained, dissolved or suspended in a
nonradioactive medium from which
their physical separation is
impracticable. Accordingly. DOE noted
in proposing the "direct process"
approach that unless some radioactive
waste streams were considered to be
byproduct material in their entirety,
RCRA's exclusion of byproduct materiul
might reasonably be perc 'ived to have
little effect, because RCR^.'s application
to a nuclear waste's nonradioactive
medium would appear to entail at least
the indirect regulation of the
radionuclides dispersed in the medium.
Such a result, in DOE's view,
presented tub' ;antial legal questions.
Previous couri decisions had settled the
point that the AEA generally vests In
DOE and the NRC exclusive regulatory
authority over the radiation hazards
associated with source, special nuclear
and byproduct material, and generally
preempts the Slates from regulating
those materials.1 It had also been held
that when the radiation and
nonradiation hazards of a waste
containing byproduct material are
Inseparable, regulatory action under the
AEA preempts the incompatible
exercise of general state nuisance
authority over the waste.* These
decisions, read in conjunction with
RCRA's affirmation of state regulation
as an acceptable, indeed a favored,
alternative to EPA regulation, were
viewed by DOE as suggesting that en
appropriate interpretation of byproduct
material would, like the proposed
"direct process" approach, exclude
certain radioactive waste streams, in
their entirety, from regulation under
RCRA.
Development of the Final Rule
At the time of its publication of the
proposed rule, DOE made available to
the public report* provisionally
identifying which of the waste streams
generated at its facilities would be
considered "direct process waste"
subject only to AEA regulation under
the proposed rule, and which of those
waste streams would be considered
"mixed waste" subject to regulation
under both RCRA and the AEA. DOE
sought and received public comments on
those reports, and on the proposed rule
itself.
During the period since the proposal
was made, DOE has had the opportunity
further to review the pertinent legal
authorities, as well as to consider the
comments received, the provisional
waste stream Identifications, DOE's
additional operating experience, and
related actions taken by other federal
agencies. Based on the review, DOE is
today publishing a final rule that adopts
a narrower interpretation of byproduct
material than the "direct process"
approach that was originally proposed.
For the reasons set forth below, the final
rule provides that only the actual
radionuclides in DOE waste streams
1 Sea Northern Slutet Power Co. ». Minnesota.
«47 F 2d 1143 (Slh Cir. 1«71|. afffd. «0S U.S. 103J
(1972| St* also Train v. Colorado Pub. Intern!
Kcaeiirch Group. 420 US.l (1970).
¦ Drown v Kerr-McCee Chem Corp • 767 K 2il
IJJ4. 1240 (7th Cir. !9M|.
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Federal Register / Vol. 52. No. 84 / Friday. May 1, 1907 / Rules and Regulations 15939
will be considered byproduct material.
The nonradioactive components of those
waste streams, under the final rule, will
be subject to regulation under RCRA to
the extent the I thoy contain hazardous
components.
Discission
Tho overriding question raised by the
public comments on the proposed rule
was whether RCRA's exclusion of
source, special nuclear and byproduct
material from regulation undor that Act
was intended by the Congress to exempt
entire waste streams, rather than
exempting only the radionuclides
dispersed or suspended in a waste
stream. As discussed above, tho
proposed rule woud have treated any
"direct process" waste as byproduct
material In its entirety, even if the waste
contained a nonradioactive chemically
liuzurdous component that would
otherwise have been subject to
regulation under RCRA. Thus, the
characterization of a waste stream as
"direct process" waste would have
foreclosed the application of RCRA to
that stream irrespective of whethor the
associated non-radiological
environmental hazard was significant.
In the opinion of many commenters. this
was a significant disadvantage to the
"direct process" approach. In view of
thiB concern, some commenters
suggested that DOE instead adopv an
alternative interpretative approach that
would permit the application of each
regulatory regimo to the type of hazard
that it was designed to control, i.e. that
would apply the AEA to ensure
protection against the radiological
hazard of this waste, and apply RCRA
to ensure protection against any
associated chemical hazard.
DOE's operational experience since
the publication of the proposed rule
lends support to the concern expressed
by these commenters. In its efforts
provisionally to apply the "direct
process" approach, DOE found a
number of instances in which otherwise
identical wastes were sometimes found
subject to RCRA. and other times were
found subject only to the AEA, due
solely to the wastes' different proximity
to the physical procecs of producing and
utilizing special nuclear material. While
distinctions of this type are not entirely
incompatible with the process-oriented
lunguugc employed by the Congress in
the AEA to define byproducts material,
DOE has concluded after further
nnulysis thut the better view of the law
is one that avoids such artificial
distinctions and that affords the greatest
scope to the RCRA regulatory scheme,
consistent with the requirements of the
A'iA. See Lvgal Envll. Assistance Found
v. Hodei 586 F. Supp. 1103 (E.D. Tenn.
1004).
As noted in the foregoing discussion
and in the preamble to the proposed
rule, the legislative histories of both
RCRA and the AEA provide little
assistance in interpreting either the
meaning of the term byproduc' material
or the intended effect of RCRA's
exclusion of byproduct material from the
hazardous waste regulatory program.
The House Committee on Interstate and
Foreign Commerce, in reporting its
version of the bill that ultimately was
enacted as RCRA, alluded to a 1973 leak
of radioactive waste from a DOE under-
ground storage tank at Richland.
Washington as an "actual instance [ ] of
damage caused by current hazardous
waste disposal practices." H.R. Rep. No.
1491,94th Cong., 2d Sess., pt. 1, at 17-19,
reprinted in 1076 U.S. Code Cong. &
Admin. Nows 6238. 8254-57. This
reference is a less than certain
Indication that the Congress viewod
such radioactive waBte as "hazardous
waste" subject to RCRA. Unlike RCRA
as finally enacted, the bill * which this
House Report accompanied contained
no provision excluding source, special
nuclear and byproduct material, thereby
minimizing the probative value of the
Committee's Richland reference In
construing the statute that was
ultimately enacted. Nevertheless, the
Committee's reference should not be
entirely discounted as evidence that the
Congress in considering RCRA was
concerned with unregulated hazards
presented by radioactive waste, even
though the AEA already provided
sufficient regulatory control over the
radiological hazards associated with
such waste.
No court has addressed the specific
question whether the ontirety of a
nuclear waste, or only its radioactive
component, is byproduct material.4 The
decision in Brown v. Kcrr-McGee Chem.
Corp., supra note 2, clearly holds that
the States cannot employ their general
authority to abate nuisances to regulate
even the nonradiation hazard of a waste
incompatibly with regulation done under
the AEA where tiie radiation and
nonradiation hazards are inseparable.
Nothing in that decision, however, is
incompatible with concurrent regulation,
> H.R. 1M06.04th Cong.. 2d Sen. f'S/B|.
• Two decisions have upheld thr authority of the
NRC's predecessor agency, the ^ .omlc Energy
Commlision. to license low lew, radioactive waste
us byproduct material, Harris bounty v. United
States. 202 F.2d 370 (5th Clr. 1J81); City of New
Urllain v. Atomic Energy Co nrn'n. 306 F 2d MS ID C
Clr. 1002). In neither case. hcwever. did the court
reach the specific questior whether the entirety of
the waste, or only Its rud oactlve component, ta
byproduct material.
by the St-utes or EPA, of the
nonradioactive component of a nuclear
waste, subject to pc-;imount
requirements of tho AEA.®
In this context. DOE r.olcs that at the
time the Congress was considering
RCRA, the Supreme Court ve> / ucently
had published its decision in Train v.
Colorado Pub. Interest Research Croup,
428 U.S. 1 (1970). 7 hat caie decided
whether the Fcik'al Water Pollution
Control Act. as amended in 1972.
applied to source, special nuclear and
byproduct material discharged into
navigable waters by government-owned
production facilities and nommercial
power reactors regulated by the AEA.
After concluding that the Federal Water
Pollution Control Act. properly
construed, did not authorize EPA or the
States to regulate source, special nuclear
and byproduct material, the Court
rejected the contention that the Water
Act contemplated joint regulation of
source, special nuclear or byproduct
material effluents. 428 U.S. at 15. The
practical effect of the Court's decision,
however, was a regime of concurrent
regulation, by different authorities, of
effluent streams containing both
radioactive and nonradioactive
components. Specifically, the decision
left EPA and the States free to regulate,
under the Water Act, the nonradioactive
component of liquid effluents from
nuclear facilities, while reserving to the
NRC and DOE's predecessor agency all
regulatory authority over the source,
special nuclear and byproduct materials
contained in those same effluent
streams.
The legislative history of RCRA
contains no mention of the Train
decision. However, the Congress is
presumed to be aware of decisions of
the Supremo Court,* and in fact
employed in RCRA the same AEA
terms, Including byproduct material, that
the Court had extracted from the Water
Act's legislative history to emphasize in
its analysis in Train. Thus it is at least
equally logical to Infer that the
Congress, in selecting the AEA terms
emphasized in Train, anticipated a
similar result under RCRA as it is to
posit—as did the proposed rule—that
RCRA's exclusion of byproduct material
must have been intended to exclude in
their entirety some waste streams from
regulation under RCRA.
In short, while the specific legal
authorities relied upon by DOE in
developing the proposed rule appeared
consistent with the "direct process"
* Sett discussion of RCRA section 10061a). USC
60041 a |. u.fro
• Cjry v. Curtis. « U S. (3 Mow. ] 2J8. 2-40 118-131
-------
15040
Fodoral Register / Vol. 52, No. 84 / Friday. May 1. 1987 / Rules and Regulations
upprooch, those authorities are equally
consistent with the narrower
interpretation of byproduct material that
was suggested by the majority of the
commcntera on the proposed rule. More
importantly. DOE is now persuaded
nftcr further analysis that the "direct
process" approach does not reflect the
better view of the law.
RCRA ic a remedial statute, and as
:>uch must be liberally construed to
effectuate the remedial purpose for
which it was enacted.' The intended
comprehensiveness of RCRA's
regulatory scheme is evident from the
Act's legislative history. The principal
sponsor of the legislation in the Senate
emphasized that it represented "a major
commitment of federal assistance to
state and local government efforts to
meet [hazardous and solid waste)
problems in a comprehensive and
effective manner." ' The House
Committee on Interstate and Foreign
Commerce regarded the legislation as
closing the "last remaining loophole" '
in a framework of national
environmental laws that already
included the Clear Air Amendments of
1070. the Federal Water Pollution
Control Act Amendments of 1072, and
the Safe Drinking Water Act.
Moreover, interpretation of RCRA's
exclusion of byproduct material must
not focus solely on that exclusion, read
in isolation. Instead, the exclusion can
be viewed properly only in the context
of the whole statute, as well as its object
and policy.10 In this connection, it
senms apparent that RCRA was
intended to have some applicability to
materials thut were already regulated
under the AEA. Section 1000(a) of
RCRA. 42 U.S.C. 00051a), specifies thut
as to "any uctivily or substance" subject
to the AEA, RCRA regulation must yield,
but only to the extent of "inconsistent"
requirements stemming from the AEA.
The archetypal "substonces" that enn
fairly be described us "subject to" the
AEA uro substances containing source,
special nuclear und byproduct material,
to which the AEA expressly is directed.
Thus the language of section 1000(a)
scums generally to contemplate
complementary regulation under both
statutes of substances that under prior
law might have been regulated
exclusively by the AEA.
T St'c. r.g.. Wcstinghouftc Klcc. Corp. v. Pacific
Giis & Klcc. Co.. 320 K2ti 57S (0th Cir. 11)64].
¦ U2 Cong. Rue. 21401 (1070) (remarks of Sen.
K.tndolph).
" II K. Ki:p No 04-1491. 04th Cong., 2d Sl-ss.. pt, 1.
ul 4, rrjmnti'i/ in 107b U S Codu Cong & Ad. News
10 r if. Hichijrds v. United SluU'S. U.S 1.
11 |!!)l>2)
Viewed In this light, RCRA'e
definitional exclusion of source, special
nuclear and byproduct material assumes
a narrower significance than was
suggested in (he proposed rule. Instead
of referring to any waste stream in its
entirety, the exclusion appears directed
only to tho readioactive component of a
nuclear waste. The result, however, is a
more harmonious view of the statute as
a whole. Read together, DOE believes
that the definitional exclusion and the
language of section 1006(a) are correctly
understood to provide for the regulation
under RCRA of all hazardous waste,
including waste that is also radioactive.
RCRA does not apply to the radioactive
component of such a waste, however, if
it is source, special nuclear or byproduct
material. Instead, the AEA applies to
that radioactive component Finally, if
the application of both regulatory
regimes proves conflicting in specific
instances. RCRA yields to the AEA.
in addition to construing the whole of
RCRA in harmony, this interpretation
results in according both RCRA and the
AEA the greatest capacity to regulate
effectively the special type of hazard
that each statute was designed to
control. Sinco the two statutes are not In
irrcconcilablo conflict, but are capable
of co-cxistonce, they should be
interpreted such that the operation and
objectives of each are facilitated. See
Radzanower v. Touche Rosa Br Co., 420
U.S. 14& 15$ (1970). However, in issuing
today's final rule, DOE emphasizes the
importance of section 1006(a) in
resolving any particular inconsistencies
that may occur between the
requirements of RCRA and those of the
AEA. DOE Is the federal agency
responsible for authoritatively
construing the requirements of the AEA,
as that Act applies to DOE activities.
While DOE does not anticipate that
udoption of today's final rule will lead to
frequent cases of "inconsistency, "
section 1000(a) provides critical
assurance that the implementation of
the final rule will present no impediment
to the maintenance of protection from
radiological hazards as well as DOE's
accomplishment of its other stututory
responsibilities under the AEA.
A final consideration in adopting
today's final rule is the rule's
consistency with the legal position
adopted by EPA and the NRC in
resolving questions concerning RCRA's
application at NRC-llcensed commercial
nuclear facilities. In a recent guidance
document developed jointly by EPA and
ihc NRC,11 the two agencies stated that
11 "Guidance on lh0 Definition and Identification
of Commercial Mixed Low Level Rndloaclive und
1 l.i?arduui Wuslc," Jun. 5. 1UD?.
for commercial low-level radioactive
waste containing a hazardous
component they will regard only the
actual radionuclides in the waste as
being exempt from RCRA. Today's final
rule adopts the same approach for all
DOE radioactive and chemically
hazardous waste.
Accordingly, for purposes of RCRA,
DOE interprets the term byproduct
material to refer only to the radioactive
component of a nuclear waste. The
nonradioactive chemically hazardous
component of the waste will be subject
to regulation under RCRA.
Procedural Matters
A. Executive Order 12291
This rule has been reviewed in
accordance with Executive Order 12291.
The rule is not classified as a major rule
because it does not meet the criteria for
major rules established by that Order.
B. National Environmental Policy Act
This rule is an interpretative rule
intended only to clarify the meaning of a
statutory definition. Issuance of the rule
will have no environmental Impact
C. Regulatory Flexibility Act
Certification
The rule will not have a significant
impact on a substantial number of smal'
entitles.
D. Paperwork Reduction Act of 1930
There are no information collection
requirements i t the rule.
List of Subjects In 10 CFR Port 962
Nuclear materials. Byproduct
material.
Issued in Washington. DC. April 27,1087.
J. Michael Farrell,
General Counsel.
In consideration of the foregoing. Part
002 is added to 10 CFR Chapter III, to
read as follows:
PART 962—BYPRODUCT MATERIAL
Sec.
902.1 Scope.
062.2 Purpose.
002.3 Byproduct material.
Authority; The Atomic Energy Act of 1954
(42 U.S.C. 2011 et aeq.y. Energy
Reorganization Act of 1974 (42 U.S.C. 5801 e!
seq.): Department of Energy Organization Act
(42 U.S.C. 7101 etseq.): Nuclear Waste Policy
Act (Pub. L 07-425, 96 Stat. 2201).
J 962.1 Scop#.
This Part applies only to radioactive
waste substances which are owned or
produced by thi> Department of Ener
at facilities owned or operated by oi
-------
Federal Register / Vol. 52. No. 84 / Friday. May 1, 1987 / Rules and Regulations
15941
the Department of Energy under the
Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq). This Part does not apply to
substance* which are not owned or
produced by the Department of Energy.
1962-2 Purpose.
Tho purpose of this Part Is to clarify
the meaning of the term "byproduct
material" under Bcction 1 le(l) of the
Atomic Energy Act of 19W (42 U.S.C.
2014(e)(1)) .'or use only in determining
the Department of Energy's obligations
under the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et set7.)
with regard to radioactive waste
substances owned or produced by the
Department of Energy pursuant to the
exercise of its responsibilities under the
Atomic Energy Act of 1954. ThlB Part
does not affect materials defined as
byproduct material under section lle(2)
of the Atomic Energy Act of 1054 (42
U.S.C. 2014(e)(2)).
} 962.3 Byproduct material
(a) For purposes of this Part, the term
"byproduct material" means any
radioactive material (except special
nuclear mateiial) yielded in or mado
radioactive by exposure to the radiation
incident to the process of producing or
utilizing special nuclear material.
(b) For purposes of determining the
applicability of the Resource
Conservation and Recovery Act (42
U.S.C. 0901 et soq.) to any radioactive
waste substance owned or produced by
the Department of Energy pursuant to
the exercise of its atomic energy
research, development, testing and
production responsibilities under the
Atomic Energy Act of 1054 (42 U.S.C.
2011 et seq.), the words "any radioactive
material," as used in subsoctlon (a),
refer oniy to the actual radionuclides
dispersed or suspended In the waste
Hutistunce. The nonradioactive
hazardous component of the waste
substance will be subject to regulation
under the Resource Conservation and
Recovery Act.
(FR Doc. 07-9005 Filed 4-30-C7; 0:45 am|
BILLINQ COOE
FEDERAL RESERVE SYSTEM
12 CFR Parts 207,220,221 and 224
Regulations G, T, U and X; Securities
Credit Transactions; List of Marglnable
OTC Stocks
AOENCV: Board of Governors of the
Federal Reserve System.
action: Final rule: determination of
applicability of refjul"'ions.
SUMMARY: The List of Marglnable OTC
Stocks is comprised of stocks traded
over-the-counter (OTC) that have been
determined by the Board of Governors
of the Federal Reserve System to be
subject to the margin requirements
under certain Federal Reserve
regulations. The List is published four
llmos a year by the Board as a guide for
lenders subject to the regulations and
the general public. This document sets
forth additions to or deletions from the
previously published List effective
February 10,1987 and will serve to give
notice to the public about the changed
status of certain stocks.
effective date: May 12,1067.
FOR FURTHER INFORMATION CONTACT:
Peggy Wolffrum, Research Assistant,
Division of Banking Supervision and
Regulation. (202H52-2781. For the
hearing Impaired only, Earnestine Hill or
Dorothea Thompson,
Telecommunications Device for the Deaf
(TOD) (202}-452-3544, Board of
Governors of the Federal Reserve
System, Washington, DC 20551.
SUPPLEMENTARY INFORMATION: Set forth
below are stocks representing additions
to or deletions from the Board's List of
Marginable OTC Stocks. A copy of the
complete List incorporating these
additions and deletions is available
from the Federal Roserva Banks. This
List supersedes the last complete List
which was effective February 10.1987.
[Additions and deletions for that List
were published at 52 FR 3217, February
3.1087). The current List Includes those
stocks that meet the criteria specified by
the Board of Governors in Regulations
G. T. U and X (12 CFR Parts 207, 220, 221
and 224, respectively). These stocks
have the degree of national Investor
interest, the depth and breadth of
market, and the availability of
Information respecting the stock and its
issuer to warrant regulation in the same
fashion as exchange-traded securities.
The List also includes any stock
designated under an SEC rule as
qualified for trading in the national
market system (NMS Security).
Additional OTC stocks may be
designated as NMS securities in the
interim between the Board's quarterly
publications. They will become
automatically marginable at broker-
dealers upon the effeclive dute of their
NMS designation. The names of these
stocks are available at the Board and
the Securities and Exchange
Commission and will be incorporated
into the Bourd's next auurterly List.
The requirements of .r> U.S.C. 553 with
respect to notice and public
participation were not followed In
connection with the issuance of this
amendment due to the objective
character of the criteria for inclusion
and continued inclusion on the List
specified in 12 CFR 207.0 (a) and (b),
220.17 (a) and (b). and 221.7 (a) and (b).
No additional useful information would
be gained by public participation. The
full requirements of 5 U.S.C. section 553
with respect to deferred effective date
have not been followed in connection
with the Issuance of this amendment
because the Board Finds that it is in the
public interest to facilitate investment
and credit decisions based in whole or
in part upon the composition of this List
as soon as possible. The Board has
responded to a request by the public and
allowed a two-week delay before the
List is effective.
List of Subjects
12 CFR Part 207
Banks. Banking. Credit. Federal
Reserve System. Margin. Margin
requirements, National Market System
(NMS Security). Reporting and
recordkeeping requirements. Securities.
12 CFR Part 220
Banks, Banking, Brokers. Credit.
Federal Reserve System. Margin. Margin
requirements. Investments. National
Market System (NMS Security),
Reporting and recordkeeping
requirements. Securities.
12 CFR Part 221
Banks. Banking, Credit. Federal
Reserve System. Margin. Margin
requirements, Securities, National
Markot System (NMS Security).
Reporting and recordkeeping
requirements.
12 CFR Part 224
Banks. Bunking, Borrowers. Credit,
Fcderul Reserve System. Murgln, Murgin
requirements. Reporting and
recordkeeping requirements. Securities.
Accordingly, pursuant to the authority
of sections 7 and 23 of the Securities
Exchange Act of 1934. as amended (15
U.S.C. 78g and 78w), and in accordance
with 12 CFR 207.21k) and 207.6(c)
(Regulation G). 12 CFR 220.2(a) and
220.17(c) (Regulation T), and 12 CFR
221.2(j) and 221.7(c) (Regulation U),
there is set forth below a listing of
deletions from and additions to the
~oard's List:
Dotations From List
Stocks Rumovcd for Failing Continual
Listing Requirements
American Aggregates Corporation
No par common
Dio-Medicus. Inc.
Warrants (expire 00-31-6J1)
-------
Appendix D
Clarification of Interim Status Qualification Requirements for the Hazardous Components
of Radioactive Mixed Waste. September 23, 1988. (53 FR 37045)
-------
Federal Register / Vol. 53, No. 185 / Friday, September 23, 1988 / Notices 37045
Chittenden Cos., VT, Due: April 15,1989,
Contact: Ralph Abole, Jr. (817) 985-5100.
Published FR11-13-87—Review
period extended.
EIS No. 880152, Draft, USA, PRO,
NAT, Nationwide Biological Defense
Research Program, Continuation,
Implementation. Due: October 4,1988,
Contact Charles Dasey (301) 883-2732.
Published FR 5-20-88-Review period
extended.
EIS No. 880287. DSuppl, AFS, OR, ID,
Wallowa Whitman National Forest,
Land and Resources Management Plan,
Additional Alternative, Implementation,
Balter. Union. Wallowa, Grant Malheur
and Umatilla Counties, OR and Adams,
Nez Perce and Idaho Counties, ID, Due:
December 12,1988, Contact; Bruce
McMillan (503) 523-8319.
Published FR 9 9-88—Review period
extended, Incorrect date published in 9-
9-88 FR.
Dated: September 20,1668.
WOHam D. Dtckenon,
Deputy Director, Office of Federal Acdvltlet.
[FR Doc. 88-21802 Filed 9-22-68; MS am]
cooc tow ip m
[FRL-3452-8]
Clarification of Interim Statue
Qualification Requirements for the
Hazardous Components of
Radioactive Mixed Waste
AQENCY: Environmental Protection
Agency (EPA).
action; Clarification notice.
summary: The Environmental Protection
Agency (EPA) is today publishing a
notice which clarifies requirements for
facilities that treat, store or dispose of
radioactive mixed waste to obtain
Interim status pursuant to Subtitle C of
the Resource Conservation and
Recovery Act (RCRA). Radioactive
mixed wastes are wastes that contain
both hazardous waste subject to RCRA
and radioctive waste subject to the
Atomic Energy Act (AEA). Additionally,
this notice addresses "notification"
requirements for handlers of radioactive
mixed waste.
DATE Owners and operators of facilities
treating, storing, or disposing of
radioactive mixed waste in States not
authorized by September 23,1988 to
administer the Federal hazardous waste
program in lieu of EPA must submit a
RCRA Part A permit application to EPA
by March 23,1989 to qualify for interim
status. Facilities treating, storing or
disposing of radioactive mixed waste in
States that received authorization by
September 23.1988 are not subject to
RCRA regulations until the State revises
its existing authorized hazardous waste
program to include authority to regulate
radioactive mixed waste. Owners and
operators must then comply with
applicable State requirements regarding
interim status.
To date, four States (I.e., Colorado,
South Carolina, Tennessee, and
Washington) have been authorized to
regulate radioactive mixed wastes. In
those States, owners and operators must
comply with the applicable State la*
governing interim status for radioactive
mixed waste facilities if it Is more
stringent than the otherwise applicable
provisions of this notice.
pom nrnmm information contact:
Betty Shackleford, Office of Solid Waste
(WH-063B), UA Environmental
Protection Agency, 401M Street SW„
Washington, DC 20480, (202) 382-2221.
SUPPtlMINTAJtY INFORMATION:
A. Background
In 1978, the Resource Conservation
and Recovery Act (RCRA) as amended,
was passed to provide for development
and Implementation of a comprehensive
program to protect human health and
the environment from the improper
management of hazardous waste.
Specifically, Subtitle C of RCRA creates
a managment system Intended to ensure
that hazardous waste Is safely handled,
from the point of generation to final
disposal To acomplish this, Subtitle C
requires the Agency first to define and
characterize hazardous waste. Second, a
hazardous waste manifest system was
implemented to track the movement of
hazardous waste from the point of
generation to ultimate disposal.
Hazardous waste generators and
transporters must employ appropriate
management practices and procedures
to ensure the effective operation of the
manifest system. Third, owners and
operators of treatment storage or
disposal facilities (TSDFs) must comply
with standards the Agency established
under section 3004 of RCRA that "may
be necessry to protect human health
and the environment" These standards
are implemented exclusively through
permits Issued to TSDF owner* end
operators by the Agency or authorized
States. Until final permits are issued,
treatment, storage, end disposal
facilities must comply with the interim
status regulations found in 40 CFR Part
285, which were promulgatd mostly on
May 19,1980.
Under RCRA interim status, the owner
or operator of a TSDF may operate
without a final permit if: (1) The facility
existed on November 19,1980 (or
existed on the effective date of statutory
or regulatory changes under RCRA that
render the facility subject to the
requirements to have a permit under
section 3005); (2) the owner or operator
complies with the notification
requirements of section 3010 of RCRA:
and (3) the owner or operator submits a
RCRA Part A permit application (40 CFR
27070). Interim status is retained until
the Agency or authorized State makes a
formal decision to issue or deny the final
TSDF permit
As provided by section 3008(b) of
RCRA, States may apply to EPA for
authorization to administer and enforce
a hazardous waste program pursuant to
Subtitle C of RCRA. Authorized State
programs are carried out In lieu of EPA.
To date, forty-four States have received
final authorization to administer the
basic hazardous waste program. Of
these forty-foor States, only four ({«.,
Colorado, South Carolina. Tennessee,
and Washington) have received the
additional authorization needed to
regulate radioactive mixed waste. In
these States, which had.base program
authorisation by July 3,1988, the State's
regulations on interim status for mixed
waste facilities control
The other forty States with base
program authorization must still revise
their existing programs to fatdade
authority to regulate the hazardous
component of radioactive mixed waste.
In the twelve States and trust territories
(La* Alaska, American Samoa,
California, Connecticut Hawaii, Idaho,
Iowa, Marianna Islands, Ohio, Puerto
Rico, Virgin Islands, snd Wyoming)
unauthorised ia carry out their own
RCRA hazardous waste program,
radioactive mixed weste is subject to
Federal hazardous waste regulations
administered by EPA.
Historically, substantial confusion
and uncertainty have surrounded the
applicability of RCRA to hazardous
wastes containing certain radioactive
materials (i.e.. source, special nuclear or
byproduct material es defined by the
Atomic Energy Act of 1954, as amended
(88 Stat 923)). This uncertainty
stemmed, to a large extent from the
exclusion of source, special nuclear and
byproduct material from the definition
of solid waste under section 1004(27) of
RCRA.
To clarify State responsibilities with
regard to the hazadous components or
radioactive mixed waste, the EPA
published a notice in the Federal
Register of July 3,1988 (51 FR 24504).
That notice recognized that States had
not previously been authorized under
RCRA to regulate radioactive mixed
waste because of continuing debate
surrounding the extent of RCRA
jurisdiction over this category of waste.
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I
37048 Federal Register / Vol. 53, No. 185 / Friday, September 23, 1988 / Notices
Through that notice, EPA clarified its
position that the hazardous
component^) of mixed waste was
subject to RCRA regulation.
Accordingly, State* were required to
revise their existing hazardous waste
programs and apply for RCRA
authorization to regulate radioactive
mixed waste in accordance with the
deadlines set forth in the ]uly 3,1066
notice. Similarly, such authority must
now be sought by States initially
submitting an application for RCRA
final authorization.
Since publication of the July 3,1966
notice, the Agency promulgated new
deadlines for State hazardous waste
program modifications (the "Cluster
Rule," September 22.1086,51 PR 33712).
This subsequent rulemaking established
annual deadlines for States to submit
program changes in groups or clusters
when seeking Agency authorization. For
State program changes occurring after
June 1084, the groups or clusters were to
correspond to successive twelve-month
periods beginning each luly 1 and
ending June 30 of the following year. In
accordance with the schedule
established by the Cluster Rule, States
which applied for Anal authorization
before July 3,1986 were required to
revise existing hazardous waste
programs to include the authority to
regulate the hazardous component of
radioactive mixed waste by July 1,1988
(or by July 1,1989 if a statutory
amendment is necessary). StateB
initially seeking final authorization after
July 3,1987 were required to seek
authorization for radioactive mixed
waste as part of their application for
final authorization. Any State applying
for HSWA corrective action must
concurrently seek authority for
radioactive mixed waste. The July 3,
1986 notice addressing RCRA's
applicability to TSDFs handling
radioactive mixed waste did not,
however, address the issue of interim
status.
B. Clarification of the Definition of
Byproduct Material
At the same time that EPA's rules
governing State programs for
radioactive mixed waste were being
developed and Implemented,
controversy arose over which wastes
are mixed and therefore sub|ect to
RCRA and which wastes are pure
"byproduct material" and therefore
exempt from RCRA regulations as
provided by section 1004(27). To
delineate RCRA applicability to their
byproduct material waste streams, the
Department of Energy (DOE) iBsuod an
interpretive rule on May 1,1987 (52 FR
15937). In that rule DOE stated that the
term byproduct material as it applies to
DOE-owned wastes (i.e., any
radioactive material except special
nuclear material yielded in or made
radioactive by exposure to the radiation
incident to the process of producing or
utilizing special nuclear material) refers
only to the actual radionuclides
dispersed or suspended In the waste
substance. That inteipretation is
consistent with the position issued on
January 8,1987 by the EPA and the
Nuclear Regulatory Commission (NRC)
in a document entitled "Guidance on the
Definition and Identification of
Commercial Mixed Low-Level
Radioactive and Hazardous Waste and
Answers to Anticipated Questions."
Therefore, as DOE clarified In its May 1,
1987 byproduct rule, any matrix
containing a RCRA hazardous waste as
denned in 40 CFR 261 and a radioactive
waste subject to the AEA is a
radioactive mixed waste. Such wastes
are subject to RCRA hazardous waste
regulations regardless of further
suoclasslflcatlon of the radioactive
waste constituent as high-level, low-
level, transuranic. etc.
C Interim Status
As discussed previously, RCRA
section 3005(a) prohibits treatment,
storage, or disposal of hazardous waste
without a permit after November 19,
198C. However, section 3005(e) of RCRA
provides that facilities In existence on
November 19,1980 or on the date of
statutory or regulatory changes which
subject the facility to RCRA
requirements, may continue treatment,
storage, or disposal under "interim
status" pending a final decision on its
permit application.1 To qualify for
interim status under section 3005(e), the
owner or operator of a TSDF in
existence must submit a Part A permit
application and meet applicable
notification requirements under section
3010 of RCRA.
EPA has become aware that many
TSDFs handling radioactive mixed
waste, both in authorized and
unauthorized States (EPA-administered
hazardous waste programs), have been
substantially confused about th«»
regulatory status of their particular mix
of hazardous waste. Further, these
owners and operators are uncertain
about how to qualify for interim Status if
1 Howrvw, If t foclllly hss previously had IK
Interim status terminated, the facility Is barred by
iUtute from qualifying (or Interim status for a newly
lined waite (RCRA aectlon 300S(e)(lJJ. If only
certain unit* at the facility have previously had
Interim status terminated, then the facility (nay
operate newly-regulated unit! under Interim status
(see 40 CTK 270.72).
they are handling radioactive mixed^
waste.
The July 3,1986 notice addressing
RCRA's applicability to TSDFs handling
radioactive mixed waste did not address
the issue of Interim status. Given that
omission and subsequent definitional
clarifications on which radioactive
waste streams are subject to RCRA
regulation, EPA has determined that
substantial confusion about interim
status requirements existed. The
primary purpose of this notice, therefore,
is to clarify RCRA Interim status
requirements with respect to TSDFs
managing radioactive mixed waste. The
requirements are discussed below.
1. Requirement That Facilities Be "In
Existence"
Interim status provides temporary
authorization to continue hazardous
waste management activities at
facilities engaging in such activities at
the time that tney first become subject
to RCRA regulation. Without Interim
status, the activities would have to
cease until a permit application was
filed and reviewed and final permit
issued.
One of the conditions for qualifying
for interim status under section 3005(e)
Is that the facility be tin existence"
either on November 19. I960 or on the
date of the regulatory or statutory
change which first subjects the facility
to RCRA permitting requirements. Under
EPA regulations at 40 CFR 260.10 and
270.2. to be "in existence" (I.e., to be an
existing hazardous waste management
facility or existing facility) means that
the facility is either operating or
construction of such a facility has
commenced on the relevant date.
As applied to facilities handling
radioactive mixed waste in States
unauthorized to implement a hazardous
waste program (I.e., without base
program authorization) as of the date of
this notice, EPA believes that facilities
in operation or under construction as
radioactive mixed waste treatment,
storage, or disposal facilities on July 3,
1986 may qualify for interim status
under section 3005(e)(l)(A)(ii) of RCRA.
The Agency interprets this provision as
applying to such facilities in existence
on July 3,1986 because the July 3.1986
notice was EPA's first official
pronouncement to the general public
that RCRA permitting requirements are
applicable to radioactive mixed waste.
In view of the level of confusion
surrounding regulation of radioactive
mixed waste prior to that time. EPA
treat the July 3,1086 notice as the
relevant regulatory change for
establishing that facilities in existence
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Federal Register / Vol. 53. No. 185 / Friday, September 23, 1988 / Notices 37047
on that date may qualify for interim
status if other applicable requirements
are met.
Facilities treating, storing, or
disposing of radioactive mixed waste
but not other hazardous waste in a State
with base program authorization are not
subject to RCRA regulation until the
State program is revised and authorized
to issue RCRA permits for radioactive
mixed waste. The effective date of the
State's receipt of radioactive mixed
waste regulatory authorization from
EPA will therefore be the regulatory
change that subjects these TSDFs to
RCRA permitting requirements. Any
facility treating, storing, or disposing of
radioactive mixed waste, or any such
facility at which construction
commenced by the effective date of
authorization for the State's radioactive
mixed waste program revision may
qualify for interim status if the other
requirements described below are met.
However, owners and operators of
TSDFs in authorized States are subject
to all applicable State laws. A State can
establish its own date for qualifying for
interim status but. in order to be no less
stringent'than the Federal program, that
date may not be after the effective date
of EPA's authorization to the State to
regulate'radioactive mixed waste.
Some facilities in States with base
program authorization ai of July 8,1088
may already have interim status under
RCRA because they handle other RCRA
hazardous wastes. These facilities
should submit a revised Part A permit
application reflecting their radioactive
mixed waste activities within six
months of the State's receipt of
authorization for radioactive mixed
waste.
2. Requirements to File a Permit
Application
To qualify for interim status under
RCRA section 3005(e) (1), the owner or
operator of an "existing" facility must
submit a Part A permit application.
Under 40 CFR 270.10(e), existing
facilities in unauthorized States must
submit Part A of their permit application
no later than six months after the date
of "publication or regulations" which
first require them to comply with
technical standards, or thirty days after
they first become subject to the
technical standards, whichever is first.
Although the July 3,1986 notice clarified
RCRA jurisdiction over radioactive
mixed waste, it specifically addressed
only the issue of State authorization.
Application of the time periods specified
in 40 CFR 270.10(e) to facilities located
in unauthorized States was not
addressed. Furthermore, the july 3,1900
notice was technically not a regulation.
which is the trigger for S 270.10(e) In
normal circumstances. As a result,
owners and operators in unauthorized
States could legitimately have been
confused as to whether (and when) they
were required to submit a Part A permit
application. Under S 270.10(e)(2), EPA
finds that the confusion is substantial
and is attributable primarily to (1)
ambiguities surrounding the 40 CFR
parts 200-285 regulatory status of mixed
waste, (2) the narrow scope of the luly 3,
1088 notice and (3) uncertainty regarding
DOE's final definition of byproduct
material which had direct bearing on
RCRA applicability to Federally-owned
radioactive mixed wastes and indirect
bearing on commercial radioactive
mixed wastes.
EPA. therefore, is exercising Its
authority today under 1270.10(e)(2) to
extend the Part A permit application
filing dates for owners and operators of
facilities handling radioactive mixed
waste in unauthorized 8tatee. Owners
and operators of radioactive mixed
waste facilities In operation or under
construction as of fuly 8,1068 (See 45 FR
33088, May 19,1980) in unauthorized
States must submit RCRA Part A permit
applications or modifications within six
months of the date of publication of
today's notice to qualify for interim
status. This Is predicated on the
Agency's determination that the time
periods specified in 1270.10(e) are
triggered as of the date of publication of
this notice given the circumstances
presented herein. It should be noted,
however, that radioactive mixed waste
land disposal facilities must also submit
a final (Part B) permit application and
certification of compliance with .
applicable ground-water monitoring and
financial assurance requirements within
twelve months from the date of this
notice pursuant to section 3005(e)(3) of
RCRA. Failure to do so may result in
loss of interim status for the affected
units and possibly for the facility.
Facilities other than land disposal must
submit Part B of the permit application
in accordance with deadlines
established by the EPA Regional Office.
Mixed waste TSDFs in States with
base program authorization must
comply with applicable State
requirements and deadlines for
obtaining interim status as prescribed in
authorized State law. Radioactive mixed
waste land disposal facilities obtaining
interim status in authorized States are
nevertheless subject to the section
3005(e)(3) one-year provision on loss of
interim status for newly-listed wastes.
Thus, the owners or operators of such
facilities must submit the State analogue
of the Part D permit application and the
required certifications within twelve
months of the effective date of the
State's authorization to regulate
radioactive mixed waste. Failure to
submit the Part B permit appiicetioa or
the required certifications will result in
loss of interim status for the affected
units and possibly for the facility.
Facilities other than land disposal must
submit the Part B permit application in
accordance with deadlines established
by the authorized State program.
3. Requirement to Comply with Section
3010 Notification
The final condition for obtaining
interim status under section 3005(e) of
RCRA is notification of hazardous waste
activity under section 3010(a) of RCRA.
Section 3010(a) requires persons
handling hazardous wastes at the time
of publication of EPA's initial hazardous
waste regulations (on May 19,1980) to
notify EPA of their hazardous waste
activity within 90 days (i.e, by August
lfc 1980). Section 3010(a) also allows the
Administrator discretion on whether to
require persons to provide such
notification not later than 90 days after
promulgation or regulations identifying a
substance they handle as hazardous
waste thereby providing EPA with a
currant picture of the hazardous waste
universe.
Although many facilities currently
treating, storing, or disposing of
radioactive mixed waste were doing so
in May 1980, EPA believes that the
status of radioactive mixed waste was
sufficiently unclear that no notification
under section 3010(a) was required by
August 18,1980 for facilities handling
such waste (See 45 FR 76631-32,
November 19,1980). Nor has notification
subsequently been required as part of
EPA promulgation of additional RCRA
regulations. Therefore, EPA has
determined that It ia unreasonable to
penalize owners and operators of
facilities currently handling radioactive
mixed waste for any failure to file
notification under Section 3010.
Further, EPA finds that TSDFs have
"complied with the requirements of
section 3010(a)" for purposes of section
3005(e) interim status under 40 CFR
270.70(a)(1). This finding is predicated
largely on the fact that radioactive
mixed waste will not be subject to
hazardous waste regulations in the vast
majority of States until they revise their
programs to include such authority.
These program revisions could take unti
July 3,1989 for States needing a
statutory amendment. Because
notification would be linked to
radioactive mixed waste authorization
for these States, receipt of this
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37048 Federal Register / Vol. 53, No. 185 / Friday, September 23, 1088 / Notices
Information would be fragmented.
Moreover, the Agency hat been aware
of the magnitude of the potential
radioactive mixed waste universe for
some time since each NRC and NRC
Agreement State llncenaee is a potential
handier of radioactive mixed waste.
Thus, no further notification of EPA
under } 270.70(a)(1) Is required in order
for facilities treating, storing or
disposing of mixed waste to qualify for
Interim status. However, TSDF owners
and operators, like generators and
transporters of radioactive mixed waste,
must obtain an ISPA Identification
Number in accordance with the
procedures set forth in 40 CFR 285.11 If
they do not already have one. The .
Identification Number may be obtained
by completing EPA Notification Form
6700-12 and submitting it to the EPA
Regional Office serving the area whore
the hazardous waste activity is located.
D. Joint Regulation of Radioactive
Mixed Waste
As stated previously, a single
radioactive mixed waste stream is
subject to regulation by two separate
Federal agencies (i.e., EPA and NRC, or
EPA and DOE). This dual regulatory
system requires handlers of waste
formerly regulated exclusively by NRC
or DOE to elso comply with RCRA
regulations for hazardous waste
management. EPA is committed to
minimizing the impact of RCRA
regulations by developing a str&tegy for
Joint regulation of radioactive mixed
wastes that will effect program
implementation In the least burdensome
manner practicable.
One area of the radioactive mixed
waste regulatory process which may
lend itself to streamlining occurs when
regulatory requirements for hazardous
and radioactive waste management are
duplicative. When this occurs,
compliance with regulations governing
radioactive waste management may
accomplish a level of environmental
protec'.lon that may be commensurate
with that required under RCRA for
hazardous waste management or vice
versa. In such instances. EPA will
accept, to the extent possible,
information already submitted to the
NRC when processing the RCRA permit
Moreover, EPA and NRC are assessing
the feasibility of developing a joint
permitting/licensing guidance that will
address these concerns. Suggestions
from the regulated community regarding
duplicative requirements and
simplification of the licensing/permitting
process are welcome. Comments should
be specific and should document how
equivalent protection of human health
and the environment from hazardous
waste is achieved. The Agency urges
States authorized to regulate radioactive
mixed waste to adopt a comparable
practice when Implementing its
hazardous waste program.
E. Consistency with the Atomic Energy
Act
Publication of the clarification notice
addressing RCRA applicability to
radioactive mixed waste precipitated a
variety of concerns from the regulated
community, most of which reflected
confusion about the RCRA program.
However, two Issues were commonly
raised, namely, (1) the appropriateness
of RCRA hazardous waste regulations
for managing waste containing
radioactive components and, (2)
compliance with.RCRA would result In
violation of a basic tenet of radioactive
waste management, that of keeping
radiation exposures as low as
reasonably achievable (ALARA).
These concerns prompted the EPA
and the NRC to Jointly review their
respective regulations in an effort to
delineate the extent of inconsistencies
between EPA's hazardous waste and
NRC's radioactive waste management
requirements. No inconsistencies were
identified as a result of this comparison
although RCRA was more prescriptive
in some Instances and differences in
stringency, were observed. Differing or
more stringent regulations do not
necessarily constitute inconsistent
requirement*. For example, the
'comparison of container management
regulations (See 10 CFR Parts 01 and 71
and 40 CFR Part 204,8ubpart I) revealed
that they covered different aspects of
container management NRC regulations
provide requirements for packaging and
placement for land disposal (including
the use of fill and liquid-absorbent
materials) (See 10 CFR 61.51 and 10 CFR
40-44) while EPA regulations provide
prescriptive provisions for the design,
use, and Inspection of containert at
storage facilities and describe how spills
from storage areas are to be mitigated.
Both agencies have regulations on
packaging and waste transport. Here,
the regulatory requirements were found
to be complementary rather than
conflicting.
Although NRC and EPA waste
management regulations differ In
stringency and scope, the technical
requirements were not found to be
inconsistent. Section 1006(a) of RCRA
precludes any solid or hazardous waste
regulation by EPA or a State thai is
"inconsistent" with the requirements of
the AEA. In such instances, the AEA
would take precedence and the
inconsistent RCRA requirement would
be Inapplicable.
EPA recognizes that Implementation
of the dual regulatory program for
radioactive mixed waste management
might result in instances where
compliance with both sets of regulations
is not only Infeasible but undesirable.
Therefore, EPA urges the regulated
community to bring to our attention all
cases of actual Inconsistency which may
form the basis for future rulemaking
and/or technical or policy guidance.
Dated September 16, 1988.
Lea M. Thomas,
Administrator. Environmental Protection
Agency.
(FR Doc. 86-21778 Filed 0-22-88; 8:45 am)
nm(f cOOt 1IW K) M
I0PT8-S1714; FRL-3452-0)
Toxic and Hazardous Substances;
Certain Chemicals Premanufacture
Notices
agency: Environmental Protection
Agency (EPA).
actiosc Notice.
tUMSSAHV: Section 5{a}{l>of the Toxic
Substances. Control ActfTSCA)
requires any person who intends to
manufacture or import a new chemcial
substance to submit a premanufacture
notice (PMN) to EPA at least 80 days
before manufacture or import
commenoes. Statutory requirements for
section 5(a)(1) premanufacture notices
are discussed in the final rule published
in the Federal Register of May 13,1963
(48 FR 21722). This notice announces
receipt of forty-eight such PMNs and
provides a summary of each.
DATES: Close of Review Periods:
P 88-1678,88-1870,88-1880, November
22,1988*
P 88-1881,88-1882, November 23,1988.
P 88-1883,88-1884,88-1885,88-1886, 68-
1887,88-1888, 88-1889,88-1890,88-
1891, 88-1092, 68-1693,88-1894, 88-
1895.88-1896. November 26.1968.
P 88-1897,88-1898,88-1899,88-1900. 88-
1901, 88-1902,68-1903,88-1904,88-
1905, 88-1908, 88-1907,88-1908, 88-
1909,88-1910,88-1911, November 27,
1988.
P 88-1912,88-1913,88-1914. November
28,1988.
P 88-1915, 08-1916, 88-1917, 88-1918, 88-
1919. 88-1920, 88-1921, 88-1922, 88-
1923, 88-1924, 88-1925, November 29.
1988.
Written comments by:
P 88-1878, 88-1879. 88-1880. October 23.
1988.
P 88-1881, 88-1882. October 24. I960.
P 88-1883. 88-1884. 88-1885.
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Appendix E
Fact Sheet and EPA Memorandum - Permitting Deadlines for
Mixed Waste Storage and Treatment Units
-------
Permitting Deadlines for Mixed Waste
Storage and Treatment Units
• Mixed waste storage and treatment units are not subject to the deadlines for
submitting Part B applications and for permitting issuance that were established in
RCRA §3005(c). These deadlines apply only to facility units that obtained or
should have obtained interim status by November 8, 1984; mixed waste units
could not have obtained interim status until after EPA issued the clarification of
its authority over mixed waste on July 3, 1986.
• Regions and States authorized for mixed waste will establish appropriate
permitting schedules for those facilities or units that are not required to meet
the deadlines established in §3005(c).
• RCRA §3005(c) requires facility owner/operators to submit treatment and
storage Part B applications by November 8, 1988, to protect against loss of
interim status in 1992, and establishes November 8, 1992, as the permitting
deadline for treatment and storage facilities. However, these two deadlines
apply only to the facility units that obtained or should have obtained interim
status by November 8, 1984.
Therefore, if a facility obtained interim status by November 8, 1984, but
at any time after this date submitted a change during interim status to
add units to its Part A permit application, the deadlines do not apply to
the unit or units that were added.
In addition, units that were temporarily excluded on November 8, 1984,
are not considered as having interim status on that date, and thus, the
interim status and permitting deadlines do not apply.
-------
ST'r,
i A Ti
imj
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20460
MAR 21 1988
OF.-'CE OF
SOLID WASTE AND EMERGENCy ^ESPQ^:
MEMORANDUM
SUBJECT: Hammer Dates for Mixed Waste Storage and Treatment
Units
In your memorandum of March 1, 1988, you raise several
questions regarding the November 8, 1988 "hammer date"
established in §3005(c) requiring facility owner/operators to
submit treatment and storage Part B applications in order to
retain interim status after November 8, 1992. Specifically,
you ask if Part B applications for newly regulated treatment
and storage units must be submitted by November 8, 1988 to
protect against loss of interim status in 1992. Additionally,
you ask whether the November 8, 1992 deadline for permit
issuance applies to these newly regulated units even if the
November 8, 1988 deadline does not. In a related question, you
ask if the Part B submission and the permitting deadlines apply
to units that, qualify for interim status after November 8,
1988.
We have determined that the storage and treatment facility
deadlines for Part B applications (November 8, 1988) and permit
issuance (November 8, 1992) apply only to facilities that
obtained or should have obtained interim status by November 8,
1984. Furthermore, these deadlines apply only to those units
listed in £he facility's Part A permit application as of
November
-------
-2-
In the example you discuss regarding the Hanford facility,
I assume that the facility obtained interim status in 1980 (or
at some point prior to November 8, 1984) and therefore is
subject to the hammer dates in S3005(c). However, the 22 mixed
waste storage and treatment units are not subject to either of
the two deadlines since the units obtained interim status only
in November 1987. In this case, permitting may proceed to
address the remainder of the facility, with the 22 mixed waste
units to be permitted on an appropriate schedule as established
by the Region and the State of Washington.
The same principles discussed above apply to facilities
that had interim status by November 8, 1984 at which there are
units that gain interim status after November 8, 1988.
Therefore, the Part B permit application deadline and the
permit issuance deadline do not apply to such units.
The Office of Solid Waste will soon be issuing additional
guidance on the general applicability of the November 8, 1988
permit application deadlines to interim status facilities.
cc: Regional Hazardous Waste Branch Chiefs, Regions I-IX,
with copy of incoming.
-------
fctc'cL
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 3/l|^
REGION 10
SEATTLE, WASHINGTON 98101
¦"A" -1 1999
REPLY TO
ATTN OF
HW-112
MEMORANDUM
FROM:
TO:
Bruce Weddle, Director
Permits and State Programs Division
Office of Solid Waste
The "hammer dates" in Section 3005(c) establish November 8, 1988, as the
date for submittal of treatment and storage Part B applications in order to
retain interim status after November 1992, for mixed waste and treatment
units. Section 3005(c) is silent as to the applicability of this date for
newly regulated units (i.e., those that qualify for interim status after
November 8, 1984).
Mixed wastes became regulated in Washington State on November 23, 1987.
Until that date, the applicability of RCRA to many waste management activities
at the Department of Energy Hanford facility was unclear. The state,
Region 10, and the Department of Energy and its contractors are developing an
Action Plan that, among other things, establishes dates for reviewing all
Hanford permit applications and closure plans. Of the 51 units* that will be
permitted or closed, 22 are mixed waste treatment or storage units.
Obviously, if Hanford is to prepare Part B applications for each of these
22 units, its resources would be diverted from such existing priorities as
further development of land disposal applications (including corrective
action), work on the Action Plan, and other physical and administrative
activities.
In researching the issue of hammer dates for newly regulated units, we
noted that other provisions of the Hazardous and Solid Waste Amendments of
1984 do speak to newly regulated units. Specifically §3005(j)(6)(A) provides
four years for newly regulated surface impoundments to demonstrate compliance
with ininimun^ltechnology requirements (MTR). This allows newly regulated units
the same amount of time to demonstrate compliance with MTR that existing
hazardous waste impoundments were given. In somewhat the same vein,
53005(e)(3) provides newly regulated land disposal units the same 12 months
that existing units had to meet the "loss of interim status" requirements.
*Some of the 51 are multi-unit groupings such as single or double shell tank
farms and low-level waste disposal areas.
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2
We would like clarification of the applicability of §3005(c) hammer dates
to newly regulated treatment and storage units. Specifically, must all Part B
applications be submitted by November 8, 1988, to protect against loss of
interim status in 1992? Or is there justification for allowing newly
regulated treatment and storage units the same four years that existing units
had to submit permit applications? Or is the November 8, 1992, deadline for
issuance of all treatment and storage permits the critical date (I.e. newly
created treatment and storage units would not have to submit applications to
protect against loss of interim status, but the 1992 deadline for issuance of
the permit would be applicable)? What about units that quallfjfor interim
status after November 8, 1988? Because of the very short tlBef^ane and
numerous units involved, we would appreciate an expedited response to these
questions.
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Appendix F
Fact Sheet and EPA Memorandum - Mixed Waste Regulation in Authorized States
-------
Mixed Waste Regulation in Authorized States
In authorized States, non-HSWA listed or identified hazardous wastes are not
RCRA hazardous wastes until such wastes become part of the State's authorized
program. In unauthorized States both non-HSWA and HSWA wastes are
RCRA hazardous wastes regulated under EPA's Federal RCRA program. This
is an important premise in determining RCRA applicability to mixed waste.
Applicability of Section 3006fg") of RCRA
The provisions of Section 3006(g) of RCRA apply only to RCRA hazardous
waste. This section provides that any requirement pursuant to HSWA,
which is applicable to hazardous waste, takes effect in both authorized
and unauthorized States at the same time. This provision does not apply
to mixed waste. Mixed waste is a non-HSWA waste and requirements
pertaining to mixed waste were effective in unauthorized States one year
after EPA clarified its authority to regulate mixed waste (Notice published
July 3, 1986). In base-RCRA authorized States mixed waste will not
come under RCRA regulation until the effective date of the State's
authorization for mixed waste.
• Availability of Interim Status
In base-RCRA authorized States, interim status for facilities handling mixed
waste is unavailable under the State equivalent of §3005(e) until the State
incorporates mixed waste into its hazardous waste program. Furthermore,
facilities in these States cannot be granted interim status through the
Federal RCRA program because in these States, the State authority over
hazardous waste operates in lieu of Federal authority. Mixed waste
facilities (or mixed waste units at regulated facilities) in these States, may
continue to operate without interim status because mixed waste is not
regulated as hazardous waste. Interim status for mixed waste facilities
will become available in base-RCRA authorized States after the State
receives mixed waste authorization.
• Interstate Transport of Waste
Hazardous waste in one State may be shipped to a second State that has not
yet regulated the waste as hazardous. If a RCRA permit cannot be issued
to a facility because the waste is not hazardous under authorized State
law, then that waste can be delivered to that facility without violation.
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Applicability of the Land Ban
The land ban provisions do not apply to mixed waste disposal in base-RCRA
authorized States that do not also have mixed waste authorization. This is
because the land ban provisions only apply to RCRA hazardous waste.
When a State obtains mixed waste authorization, mixed waste disposal in
that State will be subject to the land ban provisions. These provisions
will be implemented through either State or Federal authority depending
on whether or not the State has obtained HSWA authorization for the
land ban provisions.
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¦iO s-«.
.5®-
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C 20460
A!JR 2 5
MEMOS AND'JM
SUBJECT: Clarification of RCRA Issues Pertinent to the
Waste Isolation Pilot Plant
FROM:
Sylvia K. Lowrance, Director^ a j/u J
Office of Solid Waste V\—.
TO: John Tseng, Director
Office of Environmental Guidance
and Compliance
Attached is-'an issue paper we developed in response to
the concerns you raised at our meeting regarding the Waste
Isolation Pilot Plant (WIPP). The paper summarizes our
position on the availability of interim status, interstate
movement of waste and the applicability of the land ban to
mixed waste activities at the WIPP. However, as you know,
authorized State hazardous waste programs may be more stringent
than the Federal program. Coordination with appropriate state
programs is necessary to ensure compliance with applicable
regulatory requirements.
Questions may be addressed to Joe Carra, Director, Permits
and State Programs Division at 382-7919. Thank you for
bringing these issues to my attention, and I look forward to
continued progress in the area of mixed waste regulation.
Attachment
cc: Kitty Taimi
Betty Shackleford
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MIXED WASTE POSITION PAPER
1. ISSUE: Availability oE Interim Status
Can TSDF's in States with RCRA base program authorization
obtain interim status before the State is authorized to
regulate mixed waste?
Example: doe's waste Isolation Pilot Plant (WIPP)
which is located in Carlsbad, New Mexico.
POSITION: NO
BASIS: States with authorized hazardous waste programs
operate in lieu of Federal authority, in authorized
States, interim status is a matter o£ State and not Federal
law. Until a non-HSWA listed or identified hazardous waste
becomes part of the State's authorized program, such wastes
are not RCRA hazardous wastes in that State. TSDF's do not
need interim status or a RCRA permit to continue handling
these wastes prior to the effective date of State
authorization, interim status under the State analog to
Section 3005(e) is unavailable until the State is
authorized to regulate mixed waste. However, other State
law could be applicable in the interim and may authorize
facility operation.
2. ISSUE: Interstate Transport of Waste
May a waste which is defined as hazardous waste in the
generator State be shipped to a TSDF in a consignment State in
which the waste is not classified as hazardous waste.
POSITION: YES
BASIS: EPA's generator regulations require a generator of
hazardous waste to "designate on the manifest one facility
which is permitted to handle the waste described on the
manifest." 40 CFR Section 262.20(b). This requirement,
standing alone, might be ambiguous in that "permitted"
could mean "allowed" or could mean "has a permit."
However, the regulations make clear that the facility so
designated is the "designated facility" as defined in the
Section 260.10. That definition refers specifically to
Section 262.20, the requirement that generators designate a
permitted facility. Thus, a "facility which is permitted
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- 2 -
to h?.-:Jie the waste" must he i facility that FLts ip
definition of "designated facility." that de fni--_o.i,
a de3L :n,ated facility mast: [1] have an ---?a pernic (oc
nterm status) n accordance with the renu i reneat-s of
270 and 1.2 4, [2] have a permit from a State author ized :
accordance with Part 271, or [3] be a ISO? that i^ reniia-ed
lender Section 261.6(c)(2) or Subpart F- of Pact 266, and tnat
has been designated on the manifest by the generator
pursuant to Section 262.20.
The phrase "in accordance with" as used in the definition of
designated facility can be read to imply that if a RCRA
permit could not be issued to a facility because the waste
is not hazardous under authorized State law, then the waste
could be delivered to that facility without violation of
authorized State or Federal law. It should be noted that
this interpretation of "designated facility" reflects the
special situation where hazardous waste in one State is
shipped to a second state that has not yet regulated the
waste as hazardous.
3. ISSUE: Applicability of land ban to mixed waste
Do HSWA land ban provisions apply to mixed waste activities
in States with base program but not mixed waste authorization?
Example: Does the land ban apply to mixed waste
in authorized States that are not yet
authorized for mixed waste?
POSITION: NO
BASIS: The land ban provisions in Section 3004(d ) — (h)
apply to listed and identified hazardous waste.
Furthermore, Section 3006(g) provides that "any requirement
or prohibition which is applicable to the generation,
transportation, treatment, storage or disposal of hazardous
waste pursuant to HSWA" takes effect in both authorized and
unauthorized states at the same time. Mixed waste, a
non-HSWA waste, is not a "hazardous waste" in States with
base program authorization until such programs are revised
to include mixed waste regulatory authority and authori-
zation for that revision is given (per July 3, 1986 FR
Notice). Accordingly, since mixed wastes are not hazardous
wastes in authorized States, the provisions of Sections
3004(d)-(h) and 3006(g) are inapplicable until mixed waste
authorization for mixed waste becomes effective in a given
State.
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Appendix G
Fact Sheet - ORP Standards
-------
ORP STANDARDS FACT SHEET
Background
• The Office of Radiation Programs (ORP) is authorized under the Atomic Energy Act (AEA) to
develop standards that NRC and DOE implement through incorporation into their regulations
and orders. These standards are intended to provide a minimum level of protection from
radiological hazards for human health and the environment.
• ORP has already published generally applicable standards that address both operations and
disposal for high-level waste, transuranic waste, and spent nuclear fuel (40 CFR Part 191).
Following a remand by a Federal Court, the high-level disposal standards are now being revised
and are expected to be proposed in early 1990.
Standards to be Proposed
• ORP is planning to propose both generally applicable low-level waste radionuclide exposure
standards and NARM waste disposal requirements in the near future. ORP standards, as
implemented by NRC and DOE, will be used to regulate radioactive waste and the radioactive
component of mixed waste and will apply to both NRC-licensed facilities and DOE-owned
facilities.
• Low-level Waste Standards (40 CFR Part 1931
- Low-level Waste Pre-Disposal Limit. Will limit the annual effective whole-body exposure
from all environmental pathways to any member of the public from facilities that
process, manage, or store low-level waste. Intended to address the increasing number of
facilities storing low-level waste for long periods, the standard will target potential
exposures from direct gamma radiation, water pathways, and from release caused by
spillage and similar incidents. (Exposure from atmospheric releases are covered by
Clean Air Act radionuclide emission regulations). ORP analyses indicate that control of
these exposures should require no more effort than maintaining processing and storage
vessels away from public access and adequate practices to eliminate or cleanup spillage.
- Post-Disposal Exposure Limit. Will limit annual effective whole-body exposure from all
environmental pathways to the public from disposal facilities, and would apply to any
disposal method or facility constructed after the effective date of this rule. The standard
would have the same purpose as the individual exposure performance-objective in NRC's
regulations.
- Ground-Water Protection Criteria. These critieria are being developed within the context
of EPA's Groundwater Protection Strategy, which calls for the protection of ground
water commensurate with its value and use.
- Below Regulatory Concern (BRC) Criteria. Sets an annual whole-body exposure level as
that level of radioactivity that is sufficiently low to allow safe disposal as non-hazardous
waste. ORP estimates 35% of all commercial and low-level waste could be classified as
BRC. Waste identified as BRC and containing a hazardous component will be
regulated as RCRA hazardous waste, not mixed waste.
-------
Implementation Guidelines. These qualitative requirements would clarify the context and
assumptions within which the standards should be implemented, address areas not
appropriate for quantitative requirements, and compensate for the uncertainties that
necessarily accompany plans to isolate radioactive wastes from the environment for a
long time.
• NARM Standard (40 CFR Part 764)
NARM waste above a threshold concentration would have to be disposed of in an AEA
low-level waste disposal facility and would be subject to AEA post-disposal
requirements. The standard would apply to discrete, non-diffuse, low-volume, high-
concentration NARM, with the exemption of certain common consumer products.
In developing the standard, ORP focused on assuring the same disposal for high-activity
NARM wastes as for similar AEA wastes. High-volume diffuse wastes are not
addressed because ORP is currently focusing on standards for regulated disposal sites
operated by State compacts or the Federal governement.
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Appendix H
NRC Regional Offices - Addresses and Telephone Numbers
-------
NRC Regional Offices
Addresses and Telephone Numbers
Region I
475 Allendale Road
King of Prussia, PA 19406
(215) 337-5000
Region II
101 Marietta Street
Suite 2900
Atlanta, GA 30303
(404) 331-4503
Region III
799 Roosevelt Road
Glenn Ellen, IL 60137
(312) 790-5500
Region IV
611 Ryan Plaza Drive
Suite 1000
Arlington, TX 76011
(817) 860-8128
Region V
1450 Maria Lane
Suite 210
Walnut Creek, CA 94596
(415) 943-3700
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Appendix I
DOE Operations Offices - Addresses and Telephone Numbers
-------
DOE Operations Offices
Addresses and Telephone Numbers
Albuquerque Operations Office
PO Box 5400
Albequerque, NM 87115
(505) 846-3118
Chicago Operations Office
9800 South Cass Avenue
Argonne, EL 60439
(312) 972-2001
Idaho Operations Office
785 DOE Place
Idaho Falls, Idaho 83402
(208) 526-0111
Nevada Operations Office
PO Box 98518
Las Vegas, NV 89193-8518
(702) 295-1212
Oak Ridge Operations Office
PO Box E
Oak Ridge, TN 37831
(615) 576-5454
Richland Operations Office
825 Jadwin Avenue
Richland, WA 99352
(509) 376-7411
San Francisco Operations Office
1333 Broadway
Oakland, CA 94612
(415) 273-4237
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Appendix J
List of Mixed Waste Contacts
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- 1 -
List of Mixed Waste Contacts
NRC Headquarters
Mr. Dan E. Martin
Division of Low-Level Waste Management
and Decommissioning
U.S. Nuclear Regulatory Commission
Washington, DC 20555
301-492-0557 Commercial
492-0557 FTS
EPA Headquarters
Ms. Betty Shackleford
Office of Solid Waste (WH-563B)
U.S. Environmental Protection
Agency
401 M Street, SW
Washington, DC 20460
202-382-2221 Commercial
382-2221 FTS
NRC Regional Offices
(Contact)
U.S. Nuclear Regulatory Commission
Region I
475 Allendale Road
King of Prussia, PA 19406
215-337-5000 Commercial
346-5000 FTS
(Contact)
U.S. Nuclear Regulatory Commission
Region II
101 Marietta Street, Suite 2900
Atlanta, GA 30323
404-331-5000 Commercial
242-4503 FTS
(Contact)
U.S. Nuclear Regulatory Commission
Region III
799 Roosevelt Road
Glen Ellyn, IL 60137
312-790-5500 Commercial
388-5500 FTS
(Contact)
U.S. Nuclear Regulatory Commission
Region IV
Parkway Central Plaza Building
611 Ryan Plaza Drive, Suite 1000
Arlington, TX 76011
817-860-8100 Commercial
728-8100 FTS
(Contact)
U.S. Nuclear Regulatory Commission
Region V
1450 Maria Lane, Suite 210
Walnut Creek, CA 94596
415-943-3700 Commercial
463-3700 FTS
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- 2 -
EPA Regional Offices
(Contact)
U.S. Environmental Protection Agency
Region 1
John F. Kennedy Federal Building
Room 2203
Boston, MA 02203
617-223-7210 Commercial
223-7210 FTS
(Contact)
U.S. Environmental Protection Agency
Region 2
26 Federal Plaza, Room 900
New York, NY 10278
212-264-2525 Commercial
264-2525 FTS
(Contact)
U.S. Environmental Protection Agency
Region 3
841 Chestnut Street
Philadelphia, PA 19107
215-597-9800 Commercial
597-9800 FTS
(Contact)
U.S. Environmental Protection Agency
Region 4
345 Court land Street, NE
Atlanta, GA 30365
404-881-4727 Commercial
257-4727 FTS
(Contact)
U.S. Environmental Protection Agency
Region 5
230 South Dearborn Street
Chicago, IL 60604
312-353-2000 Commercial
353-2000 FTS
(Contact)
U.S. Environmental Protection Agency
Region 6
1201 Elm Street
Dallas, TX 75270
214-767-2600 Commercial
729-2600 FTS
(Contact)
U.S. Environmental Protection Agency
Region 7
726 Minnesota Avenue
Kansas City, KS 66101
913-236-2800 Commercial
757-2800 FTS
(Contact)
U.S. Environmental Protection Agency
Region 8
One Denver Place, Suite 1300
999 18th Street
Denver, CO 80202-2413
303-293-1603 Commercial
564-1603 FTS
(Contact)
U.S. Environmental Protection Agency
Region 9
215 Freemont Street
San Francisco, CA 94105
415-974-8153 Commercial
454-8153 FTS
(Contact)
U.S. Environmental Protection Agency
Region 10
1200 Sixth Street
Seattle, WA 98101
206-442-5810 Commercial
399-5810 FTS
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- 3 -
NRC Agreement States
Alabama
Mr. Aubrey V. Godwin, Chief
Bureau of Radiological Health
Environmental Health Administration
Room 314, State Office Building
Montgomery, AL 36130
205-261-5313
Arkansas
Ms. Greta D1cus, Director
Div. of Radiation Control and
Emergency Management
Arkansas Department of Health
4815 West Markham
Little Rock, AR 72205-3867
501-661-2301
Colorado
Mr. Robert Qui Han, Director
Radiation Control Division
Office of Health Protection
Department of Public Health
4210 East 11th Avenue
Denver, CO 80220
303-331-8482
Georgia
Thomas E. H111, Acting Director
Radiological Health Section
Department of Hunan Resources
Room 600
878 Peachtree Street
Atlanta, GA 30309
404-894-5795
Illinois
Dr. Terry Lash, Director
Department of Nuclear Safety
1035 Outer Park Drive
Springfield, IL 62704
217-785-9868
Arizona
Mr. Charles F. Tedford, Director
Arizona Radiation Regulatory Agency
4814 South 40th Street
Phoenix, A2 85040
602-255-4845
California
Mr. Paul Szallnski, Chief
Radiologic Health Branch
Department of Health
714 P Street, Room 498
Sacramento, CA 95814
916-445-0931
Florida
Lyle E. Jarrett, Director
Office of Radiation Control
Department of Health & Rehabilitative
Services
1317 Wlnewood Boulevard
Tallahassee, FL 32399-0700
904-487-1004
Idaho
Mr. Ernest Ran1er1, Supervisor
Compliance Section
Idaho Department of Health
and Welfare
Statehouse
Boise, ID 83720
208-334-5879
Iowa
Donald A. Flater, Chief
Bureau of Radiological Health
Iowa Department of Health
Lucas State Office Building
Des Moines, IA 50319
515-281-4928
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- 4 -
Kansas
Mr. Gerald W. Allen, Chief
Bureau of Air Quality and Radiation
Control
Department of Health & Environment
Forbes Field, Building 321
Topeka, Kansas 66620
913-296-1542
Louisiana
Mr. William H. Spell, Administrator
Nuclear Energy Division
Office of A1r Quality & Nuclear Energy
P.O. Box 14690
Baton Rouge, LA 70898
504-925-4518
Mississippi
Mr. Eddie S. Fuente, Director
Division of Radiological Health
State Board of Health
3150 Lawson Street
P.O. Box 1700
Jackson, MS 39215-1700
Nevada
Mr. Stanley R. Marshall, Supervisor
Radiological Health Section
Health Division
Department of Human Resources
505 East King Street, Room 202
Carson City. NV 89710
702-885-5394
New Mexico
Benito J. Garcia, Chief
Community Services Bureau
Environmental Improvement Division
Department of Health & Environment
P.O. Box 968
Santa Fe, NM 87504-0968
505-827-2959
Kentucky
Mr. Donald Hughes, Manager
Radiation Control Branch
Department of Health Services
Cabinet For Human Services
275 East Main Street
Frankfort, KY 40621
502-564-3700
Maryland
Mr. Roland G. Fletcher, Administrator
Center for Radiological Health
Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
301-631-3300
Nebraska
Mr. Harold Borchert, Director
Division of Radiological Health
State Department of Health
301 Centennial Mall South
P.O. Box 95007
Lincoln, NE 68509
New Hampshire
Ms. Diane Tefft, Program Manager
Radiological Health Program
Bureau of Environmental Health
Division of Health Services
Health & Welfare Building, Hazen Drive
Concord, NH 03301
603-271-4588
New York
Mr. Jay Dunkleberger, Director
Bureau of Nuclear Operation
New York State Energy Office
Agency Building 2
2 Rockefeller Plaza
Albany, NY 12223
518-474-2190
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- 5 -
North Carolina
North Dakota
Mr. Dayne H. Brown, Chief
Radiation Protection Section
Division of Facility Service
701 Barbour Drive
Raleigh, NC 27603
919-741-4283
Mr. Dana Mount, Director
Division of Environmental Engineering
Radiological Health Program
State Department of Health
1200 Missouri Avenue
Bismarck, ND 58502-5520
701-224-2348
Oregon
Mr. Ray Paris, Manager
Radiation Control Section
Department of Human Resources
1400 South West Fifth Avenue
Portland, OR 97201
503-229-5797
South Carolina
Mr. Heyward G. Shealy, Chief
Bureau of Radiological Health
S.C. Department of Health and
Environmental Control
J. Marion Sims Building
2600 Bull Street
Columbia, SC 29201
803-734-4700
Rhode Island
Mr. James E. Hickey, Chief
Division of Occupational Health
and Radiation Control
Rhode Island Department of Health
Cannon Building, Davis Street
Providence, RI 02908
401-227-2438
Tennessee
Mr. Michael H. Mobley, Director
Division of Radiological Health
TERRA Building, 150 9th Avenue, N.
Nashville, TN 37219-5404
615-741-7812
Texas
Mr. David K. Lacker, Chief
Bureau of Radiation Control
Texas Department of Health
1100 W. 49th Street (Mall Only)
Austin, TX 78756
512-835-7000
Utah
Mr. Larry Anderson, Director
Bureau of Radiation Control
State Department of Health
288 North 1460 West
P.O. Box 16690
Salt Lake City, UT 84116-0690
801-538-6734
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- 6 -
Washington
Mr. Terry R. Strong, Chief
Office of Radiation Protection
Department of Social and Health
Services
Mail Stop LE-13
Olympia, WA 98504
206-586-8949
EPA Authorized States
(EPA to add Authorized State contacts.)
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Appendix K
DOE Orders
-------
U.S. Department of Energy
Washington, D.C.
2-22-89
SUBJECT: HAZARDOUS AND RADIOACTIVE MIXED HASTE PROGRAM
1. PURPOSE. To establish Department of Energy (DOE) hazardous and
radioactive nixed waste policies and requlrenents and to Implement the
requirements of the Resource Conservation and Recovery Act (RCRA) within
the framework of the environmental programs established under DOE 5400.1.
2. EXCEPTIONS. The provisions of this Order apply to hazardous waste
regulated under RCRA and to all radioactive nixed waste as defined 1n
this Order. Byproduct material as defined In the Atomic Energy Act (AEA)
1s excluded under this Order provided that It 1s not mixed with hazardous
waste.
3. REFERENCES.
a. DOE 5400.1, GENERAL ENVIRONMENTAL PROTECTION PROGRAM, of 11-9-88,
which establishes the environmental protection program for DOE
operations.
b. DOE 5400.2A, ENVIRONMENTAL COMPLIANCE ISSUE COORDINATION, of 1-31-89,
which sets forth policy, direction, and procedures for coordinating
environmental Issues that are of significance to DOE.
c. DOE Orders 1n the 5400 series dealing with radiation protection of
the public and the environment.
d. DOE 5440.1C, NATIONAL ENVIRONMENTAL POLICY ACT, of 4-9-85, which
establishes procedures for Implementing a DOE National Environmental
Policy Act (NEPA) program.
e. DOE 5480.18, ENVIRONMENT, SAFETY, AND HEALTH PROGRAM FOR DOE
OPERATIONS, of 9-23-86, which outlines environmental protection,
safety, and health protection policies and responsibilities.
f. DOE 5482.IB, ENVIRONMENT, SAFETY, AND HEALTH APPRAISAL PROGRAM, of
9-23-86, which establishes the DOE environmental protection, safety,
and health appraisal progran.
g. DOE 5632.1A, PROTECTION PROGRAM OPERATIONS, of 2-9-88, which
prescribes DOE requirements for physical protection of classified
matter.
ORDER
DOE 5400.3
DISTRIBUTION:
All Departmental Elements
INITIATED BY:
Office of Environment, Safety
and Health
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DOE 5400.3
2-22-89
h. DOE 5700.6B, QUALITY ASSURANCE, of 9-23-86, which establishes DOE's
quality murine* program.
1. DOE 5820.2A, RADIOACTIVE HASTE MANAGEMENT, of 9-26-88, which
establishes policies and guidelines by which the Department manages
its radioactive waste, waste byproducts, and radloactlvely
contaminated surplus facilities.
J. Title 42 U.S.C. 2011 et seo.. The Atonic Energy Act of 1954, as
amended, which authorizes the conduct of atonic energy activities.
k. Title 42 U.S.C. 6901 et seo.. The Resource Conservation and Recovery
Act of 1976, as amended, which authorizes the Environmental
Protection Agency (EPA) and the States to regulate hazardous and
solid wastes.
1. Title 42 U.S.C. 9615 et seq.. The Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as
amended, which requires the Identification and cleanup of Inactive
hazardous waste sites by responsible parties; and, Imposes certain
response and reporting requirements for releases of hazardous
substances.
m. Title 42 U.S.C. 4321 et seq.. The National Environmental Policy Act
of 1969, as amended, which establishes broad national environment?
policy.
n. Title 10 CFR Part 962, Byproduct Material, Final Rule, which
Interprets the Atomic Energy Act definition of the term "byproduct
material," set forth in section Ue(l) of that Act as It applies to
OOE owned or produced radioactive waste substances which are also
"hazardous waste" within the meaning of RCRA.
o. Title 40 CFR Parts 260-268, 270-272, and 280, Implementing
regulations of the Resource Conservation and Recovery Act of 1976, as
amended.
DEFINITIONS.
a. Hazardous Waste 1s that waste defined as hazardous In 40 CFR Part
261. The radionuclides of source materiel, special nuclear material,
and byproduct material as defined by the AEA of 1954, as amended, are
specifically excluded from the term hazardous waste. The hazardous
components of waste nixed with the radionuclides of source, special
nuclear, or byproduct material are not excluded from the term
hazardous waste.
b. Inconsistency between RCRA and the AEA occurs 1f the requirements of
both laws are incompatible. RCRA applies to hazardous or radioactive
mixed waste to the extent It 1s not Inconsistent with the
requirements of the AEA.
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DOE 5400.3
2-22-89
3
c. Radioactive Waste 1$ solid, liquid, or gaseous material that contains
radionuclides regulated under the Atomic Energy Act of 1954, as
amended, and of negligible economic value considering costs of
recovery.
d. Radioactive Hlxed Waste 1s waste containing both radioactive and
hazardous components regulated by the AEA and RCRA, respectively.
The tern "radioactive component" refers only to the actual
radionuclides dispersed or suspended in the waste substance.
e. State Hazardous Waste 1s waste defined as hazardous by a State.
Pursuant to RCRA Section 6001, DOE Is subject to and must comply with
State requirements respective to solid and hazardous waste
management.
f. Additional Definitions are defined 1n the Implementing regulations of
RCRA and are applicable to DOE.
5. BACKGROUND. The Department Issued a final interpretative rule (Title 10
CFR Part 962) regarding radioactive waste and byproduct material for the
purpose of clarifying DOE's obligations under the Resource Conservation
and Recovery Act, as amended, and the Atomic Energy Act on 5-1-87. Title
10 CFR Part 962.3, "Byproduct Material", issued pursuant to the Atomic
Energy Act of 1954, as amended, contains the following definitions:
a. Byproduct Material means (1) any radioactive mfterlal (except special
nuclear material) yielded In or made radioactive by exposure to the
radiation Incident to the process of producing or utilizing special
nuclear material, and (2) the tailings or wastes produced by the
extraction or concentration of uranium or thorium from any material
processed primarily for Its source material content.
b. Any Radioactive Material, as used In subsection (a) of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et sea.), refers only to the
actual radionuclides dispersed or suspended 1n the waste substance.
The nonradioactive hazardous component of the waste substance will be
subject to regulation under the Resource Conservation and Recovery
Act.
DOE Interprets these definitions to mean that whenever any hazardous
waste Identified or listed 1n Title 40 CFR Part 261 Is Inadvertently
mixed with any source material» special nuclear material, or byproduct
material, the hazardous waste component Is subject to regulation under
Subtitle C of RCRA. The May 1, 1987 federal Register notice did not
affect materials that are defined as byproduct material under Section
He(2) of the Atomic Energy Act.
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DOE 5400.3
2-22-69
POLICY. It Is the policy of DOC to:
a. Manage all Departmental hazardous and radioactive mixed wastes
according to the requirements of Subtitle C of the Resource
Conservation and Recovery Act, and the Atonic Energy Act,
respectively. RCRA applies to the extent it 1s not inconsistent with
the AEA. The radioactive component of radioactive mixed waste 1s
subject to the requirements of DOE S820.2A.
b. Protect the environment and the safety and health of the public, DOE,
and DOE contractor employees by managing operations to the greatest
extent practicable In a manner that provides for the safe handling,
transportation, treatment, storage, or disposal of hazardous and
radioactive mixed wastes generated by those operations.
c. Implement a hazardous and radioactive mixed waste program complying
with applicable laws and regulations.
d. Implement waste minimization measures as specified 1n RCRA for
hazardous and radioactive mixed wastes.
RESPONSIBILITIES AND AUTHORITIES.
a. The Assistant Secretary for Environment, Safety and Health (EH-1)
shall:
(1) Develop and Issue policies, guides, requirements, and procedu
for implementing the requirements of the Resource Conservation
and Recovery Act at DOE facilities and Integrating them with the
requirements of CERCLA and NEPA.
(2) Assist program and field offices 1n determining the need for
research and development efforts to solve generic DOE hazardous
waste and radioactive mixed waste problems.
(3) Advise all Program Senior Officials (PSOs) and Heads of Field
Organizations (HFOs), as defined In DOE 5400.1, of any
amendments to RCRA applicable to DOE.
(4) In consultation with PSOs, HFOs and General Counsel (GC-1),
coordinate and resolve any determination of Inconsistencies
between AEA and RCRA requirements and environmental compliance
Issues as required In DOE 5400.2A.
(5) Advise GC-1, 1n a timely manner, of significant legal Issues
regarding hazardous or radioactive mixed waste which require
resolution.
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The "General Counsel shall:
(1) Provide legal edvlce to EH-1, PSOs and HFOs, as appropriate, in
support of DOE's hazardous waste and radioactive nixed waste
management program.
(2) Advise EH-1, 1n a timely manner, of significant RCRA hazardous
and radioactive Mixed waste management legal Issues which
require resolution and/or consideration.
(3) Advise EH-1 on the resolution of Inconsistency issues.
Program Senior Officials shall:
(1) Manage RCRA hazardous and radioactive nixed waste programs and
actions for which they have assigned responsibilities,
requesting such funds In their budgets as they deem necessary to
Implement these programs and actions.
(2) Oversee Field Organization activities under their authority for
compliance with the requirements of RCRA, applicable EPA and
State requirements, applicable DOE policies, and the
requirements of this Order.
(3) Advise EH-1, 1n a timely manner, of significant programmatic
Issues regarding hazardous waste and radioactive mixed waste
management which require resolution.
(4) Advise GC-1 1n a timely manner of significant legal Issues
regarding hazardous waste and radioactive mixed waste which
require resolution.
(5) Identify when an inconsistency may exist between the
requirements of the Atomic Energy Act and the Resource
Conservation and Recovery Act, as amended. When a potential
Inconsistency 1s Identified, follow Issue coordination
requirements of DOE 5400.2A.
Heads of Field Organizations shall:
(1) Develop and Implement a program to assure that hazardous and
radioactive mixed wastes at facilities for which they are
responsible are managed In accordance with AEA and RCRA
requirements and the requirements of this Order,
(2) Complete all RCRA reporting requirements.
(3) Oversee RCRA programs and actions for which they have assigned
responsibilities, requesting such funds In their budgets as they
deem necessary to Implement these programs and actions.
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6
DOE 5400.3
2-22-89
(41 lrieAtlfy in Inconsistency may exist 'between the
requirements of the Atomic Energy Act and the Resource
Conservation and Recovery Act. When a potential.inconsistency
Is Identified, follow Issue coordination requirements of DOE
S400.2A.
(5) Implement a waste minimization program for hazardous and
radioactive mixed wastes.
•. Director. Naval Nuclear Propulsion Program. Executive Order 12344,
statutorily prescribed by PL 98-525 (42 USC 7158 note), establishes
the responsibilities and authority of the Director, Naval Nuclear
Propulsion Program (who 1s also the Deputy Assistant Secretary for
Naval Reactors within the Department) over all facilities and
activities which comprise the Program, a joint Navy-DOE organization.
The policy principle promoted by these executive and legislative
actions 1s cited 1n the Executive Order as "...preserving the basic
structure, policies, and practices developed for this Program 1n the
past..." Accordingly, based on the Executive Order and this policy
principle, the Naval Nuclear Propulsion Program is exempt from the
provisions of this Order. The Director shall maintain an
environmental protection program to assure compliance with applicable
environmental statutes and regulations. The Director and EH-1 shall
cooperatively develop Information exchange and other mutually
beneficial programs as appropriate, consistent with PL 98-525.
BY ORDER OF THE SECRETARY OF ENERGY:
LAWRENCE F. DAVENPORT
Assistant Secretary
Management and Administration
CCT
ul rM t J--
2 i t •
tr.-'t-
K-KKLLl A l
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U.S. Department of Energy
Washington, D.C.
ORDER
DOE 5480.IB
9-23-86
SUBJECT: "'ENVIRONMENT,"SAFET" AND'HEALTH PROGRAM
FOR DEPARTMENT OF ENERGY OPERATIONS
1. PURPOSE. To establish the Environment, Safety, and Health (ES&H) Program
for Department of Energy (DOE) operations.
2. CANCELLATION. DOE 5480.1A, ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
PROTECTION PROGRAM FOR DOE OPERATIONS, of 8-13-81.
3. SCOPE. The provisions of this Order apply to all Departmental Elements and
contractors performing work for the Department as provided by law and/or
contract and as implemented by the appropriate contracting officer.
4. REFERENCES.
a. DOE 0000.1A, STANDARD SUBJECT CLASSIFICATION SYSTEM, of 8-14-79, which
contains the categories for filing records and documents. •
b. DOE 1324.2, RECORDS DISPOSITION, of 5-28-80, which describes the
procedures for retention of records and documents.
c. DOE 3790.1A, FEDERAL EMPLOYEE OCCUPATIONAL SAFETY AND HEALTH PROGRAM,
of 10-22-84, which establishes the policy for the implementation and
administration of the occupational safety and health program for
Federal employees.
d. DOE 5000.3, UNUSUAL OCCURRENCE REPORTING SYSTEM, of 11-7-84, which
establishes a system for reporting unusual occurrences having program-
matic significance.
e. DOE 5440.1C, IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY ACT, of
4-9-85, which establishes procedures for implementing the National
Environmental Policy Act of 1969.
f. DOE 5480.5, SAFETY OF NUCLEAR FACILITIES, of 9-23-86, which
establishes DOE1s nonreactor nuclear facility safety program.
g. DOE 5480.6. SAFETY OF DEPARTMENT OF ENERGY-OWNED NUCLEAR REACTORS, of
9-23-86. which establishes DOE's reactor safety program.
h. DOE 5480.14, COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY ACT PROGRAM, of 4-26-85, which establishes a program to
identify and remediate inactive hazardous waste disposal sites, and to
control hazardous substance mitigation.
DISTRIBUTION:
All Departmental Elements
INITIATED BY:
Assistant Secretary for
Environment, Safety, and Health
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2
DOE 5480.IB
9-23-86
i. DOE 5481.IB, SAFETY ANALYSIS AND REVIEW SYSTEM, of 9-23-86, which
establishes uniform requirements for the preparation and review of
safety analyses.
j. DOE 5482.1B, ENVIRONMENT, SAFETY, AND HEALTH APPRAISAL PROGRAM, of
9-23-86, which presents the Department's policy and requirements
for appraisal of environment, safety, and health programs.
k. DOE 5483.1A, OCCUPATIONAL SAFETY AND HEALTH PROGRAM FOR GOVERNMENT-
OWNED CONTRACTOR-OPERATED FACILITIES, of 6-22-83, which provides
guidance and establishes procedures for the government-owned
contractor-operated safety and health program.
1. DOE 5484.1, ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH PROTECTION
INFORMATION REPORTING REQUIREMENTS, of 2-24-81, which establishes the
requirements and procedures for reporting and investigating matters of
environmental protection, safety, and health protection significance to
DOE operations.
m. DOE 5610.3, PROGRAM TO PREVENT ACCIDENTAL OR UNAUTHORIZED NUCLEAR
EXPLOSIVE DETONATIONS, of 12-18-80, which establishes safety policies
and procedures applicable to activities involving nuclear explosives.
n. DOE 5700.1C, MAJOR SYSTEMS ACQUISITIONS, of 9-6-83, which establishes
requirements and objectives and assigns responsibilities and authorities
necessary for the acquisition of major systems.
0. DOE 5700.4A, PROJECT MANAGEMENT SYSTEM, of 11-7-83, which provides the
principles and requirements which govern the development, approval, and
execution of DOE's major system acquisitions and major projects.
p. DOE 5700.6B, QUALITY ASSURANCE, of 9-23-86, which establishes
DOE's quality assurance program.
q. Title 29 CFR 1960, Safety and Health Provisions for Federal Employees,
which provides the regulations and guidelines for the implementation
of Executive Order 12196.
r. Department of Energy Acquisition Regulation, 48 CFR 970.23, and 48 CFR
923.70, which together provide the clauses to be used in contracts where
DOE is either required to, or elects to, enforce ES&H requirements.
s. Executive Order 12088, "Federal Compliance with Pollution Control
Standards", which establishes requirements and procedures for Federal
agencies to comply with environmental legislation and regulations.
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DOE 5480.IB
9-23-86
3
Executive urder 12196, "Occupational Safety,,and Health Programs for
Federal^ Employees," which;establishes the requirement*forr Federal
agencies to proy,1de(occupat1bnal.tsafety and health programs for their
employees. avMaenoD pfltafuptn
DEFINITIONS.
a. DOE Contractor .includes >any prime.contractor or subcontractor subject
to the contractual provisions of"48 CFR 923^70,-48 CFR 970.23,"or other
contractual provisions where DOE has elected to enforce ES&H require-
ments by specific,negotiated contract.provisions.
b. DOE Operations are those DOE-funded activities-tor which DOE has
assumed responsibility for the environment, safety, and health
programs.
c. Environment; Safety, and Health Overview is,an organized set of
activities performed as independent functions. It's purpose is to
assure that all aspects of environment, safety and health-related
activities at3the program, project,,and contractor,level are adequately
addressed. Such, activities, include':
(1) Establishing Department-wide environment, safety, and health
policies, requirements and standards;
(2) Periodic and timely reviews of program and project documents,
activities, actions, and plans;
(3) Appraising the implementation of environment, safety and health
programs at the Headquarters, field, and contractor level as
appropriate; and
(4) Providing support, assistance, and guidance to Headquarters program
offices and field organizations.
d. Environment, Safety, and Health (ES&H) Program encompasses those DOE
requirements, activities, and functions in the conduct of all DOE and
DOE-controlled operations that are concerned with: controlling air,
water, and soil pollution; limiting the risks to the well being of both
operating personnel and the general public to acceptably low levels;
and protecting property adequately against accidental loss and damage.
Typical activities and functions related to this program include, but
are not limited to, the following: environmental protection, occupa-
tional safety, fire protection, industrial hygiene, health physics,
occupational medicine, process and facilities safety, nuclear safety,
emergency preparedness, quality assurance, and radioactive and
hazardous waste management.
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4
DOE 5480.18
9-23-86
e. Environmental'Survey is a documented, multidiscipline assessment (with
sampling and analysis) of a facility to determine environmental
conditions and to identify environmental problem areas of environmental
risk requiring corrective action.
f. Environmental Audit is a documented assessment of a facility to monitor
the progress of necessary corrective actions, to assure compliance with
environmental laws and regulations, and to evaluate field organization
practices and procedures.
g. Exception is an interim release from a standard of the type specified
under the Occupational Safety and Health Act. An exception is processed
in accordance with DOE 5483.1A.
h. Federal Employee Occupational Safety and Health Program is that program
mandated by Executive Order 12196 and implemented by 29 CFR 1960, DOE
3790.1A,; and HQ 3790.2.
i. Generic. Exemption is a temporary or permanent release from the require-
ments of this Order or other Orders in the DOE 5480 series, which
extends beyond specific facilities and projects or applies to a
category of facilities or activities (see also paragraph 8d(6)).
j. Implementation Plan is a concise description of the approach, resources,
and time period planned for implementing Orders that require such plans
on a site-wide basis. The plan includes a description of the execution
of environmental protection, safety, and health responsibilities and
authorities by the field organization, and any proposed generic
exemptions to parts of such DOE Orders.
k. Line Organization is that unbroken chain of command which extends
from the Secretary through the Under Secretary, to the Program
Senior Officials (PSO) who set program policy and plans and develop
assigned programs, to the field organization managers who are
responsible to the PSO for execution of these programs, to the
contractors who conduct the programs. Environment, safety, and
health are integral parts of each program. Accordingly, line
management responsibility for ES&H functions flows from the
Secretary through the Under Secretary, to the PSO, to the field
organization managers, to the contractors.
1. Program Senior Official (PSO) is a senior outlay program manager and
includes the Assistant Secretaries for Conservation and Renewable
Energy, Defense Programs, Fossil Energy, and Nuclear Energy, the
Director of Energy Research, and the Director of Civilian Radioactive
Waste Management. For purposes of this Order, this definition also
includes the Administrators of the Bonneville and Western Area Power
Administrations.
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DOE 5480.IB
9-23-86
5
Stanaara means"Vspec1f1ed set'of rules or:conditions concerned with the
classification^ components;?del1neat1on of. procedures;?defin1t1on of
terms^speclflcatlons of materials,-performancei design,'vorCoperations;
or-measurements-of quality In describing materials,'products(-systems,
services'or*practices. Standards may be specified by 00E as mandatory
{1.ei .required) or recommended.
n. Technical Safety Appraisal 1s a documented, mult1d1sc1pline appraisal
of selected Department reactors and nuclear facilities conducted by a
team selected by the Deputy Assistant Secretary for Safety, Health, and
Qua! 1ty"'Assurance (EH-30). They assure proper Department-wide applica-
tion of particular safety elements of the ES&H program, nuclear -
industry lessons learned, and appropriate licensed facility require-
ments' asTdescribed 1n DOE 5482.IB, paragraph 9b.
o. Unreyiewed Safety Question. A proposed change, test, or experiment
shall be deemed to involve an unrevlewed safety question if:
(1) The probability of occurrence or the consequences of an accident
or malfunction of equipment-important to safety evaluated
previously by safety analyses will be significantly increased, or
(2) A possibility for an accident or malfunction of a different type
than any evaluated previously by safety analyses will be created
which could result in significant safety consequences.
p. Variance is a release from a standard of the type specified under the
Occupational Safety and Health Act which is processed in accordance
with DOE 5483.1A.
6. APPLICATION.
a. This Order applies to the E5&H programs at all Government-owned con-
tractor-operated (GOCO) facilities including the occupational safety
and health programs for DOE contractor employees at GOCO facilities
where the contracts include the occupational safety and health contract
clause specified in DOE Acquisition Regulations 48 CFR 923.70 and 48
CFR 970.23. This Order also applies to environmental protection
programs and programs for the protection against accidental loss or
damage to property as provided by law and/or contract and as imple-
mented by the appropriate contracting officer. This Order does not
apply to the occupational safety and health programs for non-GOCO con-
tractor employees doing work for the Department or Federal employees as
described in DOE 3790.1A (see paragraph 8e of this Order).
b. A partial or complete variance from this Order may be granted when
compliance with the Order may be inconsistent with external regulatory,
legislative, or judicial requirements imposed on a DOE program. Such
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6
DOE 5480.IB
9-23-86
variances shall be recorded by means of a memorandum of understanding
(MOU) to be signed by the Assistant Secretary for Environment, Safety,
!and;Health;(EH-l)vand by, the requesting Program SenlorOfflclal^PSO).
iThecMOlkwIlltcontaln^the-basis forithe granting of the variance! the
identification of the specific portlon(s) of the Order to which the
variance applies, and, when applicable, the alternative measures that
will be implemented to accomplish the intent and purpose of the Order's
requirements.
7. POLICY. It 1s Department policy to:
a. Assure the protection of the environment and the health and safety of
the public.
b. Assure safe and healthful workplaces and conditions of employment for
all employees of DOE and DOE contractors as described 1n paragraph 6,
above.
c. Protect Government property against accidental loss and damage.
d. Assure compliance with applicable statutory requirements affecting
Federal facilities and operations and where possible, consistent with
the Department's mission and supported by appropriate cost/benefit
analysis, reduce identified environment, safety, and health risks, even
though not mandated by specific requirements.
e. Assure that quality assurance is pursued (i.e. that research, develop-
ment, demonstration, and production activities are performed in. a
controlled manner; that components, systems, and processes are
designed, developed, constructed, tested, operated, and maintained
according to industry accepted engineering standards, quality
practices, and Technical Specifications/Operational Safety Require-
ments; and that resulting technology data are valid and retrievable).
f. Require line management to be responsible for effective Environment,
Safety, and Health (ES&H) performance in their programs. Through
overview, the Assistant Secretary for Environment, Safety, and Health
(EH-1) is responsible to assure acceptable ES&H performance for the
Secretary and for Program Senior Officials.
8. RESPONSIBILITIES AND AUTHORITIES.
a. Under Secretary (S-3) has overall responsibility and authority for DOE
programs and may take necessary management actions to ensure safety,
including directing the curtailment and suspension of operations, when
in his or her opinion, such operation would result in an undue risk.
b. Program Senior Officials (PSO) are assigned primary responsibility for
implementation of the DOE ES&H program. This responsibility includes
confirming that DOE and Federal ES&H policies and directives are
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DOE 5480.IB
9-23-86
7
adhered .tovigorously in all DOE operations. Including responsibili-
ties described»1n other DOE 5480 series Orders, PSOs shall:
(1) Provlde'clear and expl1c1t delegations of authority and
responslbll1t1es.
(2) Ensure that appropriate ES&H requirements,, as'identified in the
DOE Orders, are included 1n program plans and proposals for
design^ construction, operation, modification, and decommissioning
of DOE operations.
(3) Take necessary management actions, Including the requirement that
budget proposals for their assigned functions provide adequate
ES&H resources.
(4) Confirm that applicable ES&H requirements are Identified and
provided to the contracting officers for Inclusion in contracts.
(5) Perform program reviews to confirm effective.Implementation of DOE
ES&H requirements by program and field organizationsl'^'In the
execution,of this responsibll1ty, maximum use should be made of
the"appraisals-and other-reviews performed.by'EHi"including
assuring that recommendations made by EH are addressed in a
responsive and timely manner.
(6) Provide program and project direction to the field organizations
consistent with the ES&H Orders and ES&H policy guidance require-
ments relating to ES&H. Program or project direction that is
related to ES&H and affects more than one field organization must
be concurred in by EH-1.
(7) Provide EH-1 with copies of field organization implementation
plans for DOE 5480 series Orders.
(8) Review and, subsequent to EH-1 concurrence, approve implementation
plans for DOE 5480 series Orders submitted by field organizations.
(9) Assume the responsibilities assigned to Heads of Field Organiza-
tions in paragraph 8d below for DOE program activities not
assigned to a field organization for implementation.
(10) Take such action as may be appropriate to ensure safety, including
directing the field organization head to curtail and suspend
operations when, in their opinion, such operation would result in
an undue ES&H risk.
(11) Ensure that documents generated under this Order and other DOE
5480 series Orders are reviewed for classification where
appropriate.
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DOE 5480.IB
9-23-86
(12) Request EH-1 concurrence 1n generic exemptions (post Implementa-
tion plan) from'ES&H requirements and responsibilities as con-
tained in the DOE 5480 series Orders.
(13) Participate 1n selected field organization appraisals, as
appropriate, in accordance with DOE 5482.1B.
(14) Ensure that EH-1 recommendations on ES&H upgrades are considered
in their formulation of budget requests to the Office of Manage-
ment and Budget and Congress.
(15) Approve the construction and Initial operation of reactors and
high and selected moderate hazard facilities or modifications
thereto involving an unreviewed safety question in accordance with
DOE 5481.IB.
(16) Assure that EH-1 is provided all information and documentation
requestedrto enable efficient discharge of their overall ES&H.
responsibilities.
Assistant Secretary for Environment, Safety and Health (EH-1) shall:
(1) Develop and establish ES&H policies, standards, guidance, require-
ments, and procedures for DOE projects and program operations,
including but not limited to those on notification, investigation,
and reporting of occurrences having ES&H significance.
(2) Review and concur in ES&H program and project direction issued by
a PSO to the field that is directly related to ES&H matters which
affect more than one field organization.
(3) Provide advice and assistance concerning ES&H programs to line
organizations.
(4) Seek the advice of appropriate field organizations and program
offices in determining ES&H research and technical assistance
activities to be undertaken.
(5) Provide a central point for coordination within DOE and liaison
with other agencies and groups in the development of ES&H related
regulations, standards, and requirements; and resolution of envi-
ronmental, safety, or health issues applicable to DOE operations,
including review of proposed statutes (where appropriate),
regulations, standards, and requirements for their application to
and potential impact on DOE activities; and participation in the
development and review of general design criteria.
(6) Develop guidelines on the content of field organization Implemen-
tation Plans which will be used by all field organizations to
ensure a consistent approach to the implementation of the DOE 5480
series Orders where required.
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Review and concur in all field organization Implementation Plans
for D0E,5480 series Orders.
conduct appraisals ot tne line organization's ES&H programs 1n
accordance with DOE 5482.IB and other DOE 5480 series Orders.
Identify needs for research and development to support ES&H
programs and recommend appropriate actions.
Provide a central point for the collection, retention, evaluation
and dissemination of information having ES&H significance.
Render interpretations of this Order and other DOE 5480 series
Orders.
Provide independent assurance that safety analyses are prepared
and reviewed in accordance with DOE 5481.IB.
Concur in generic exemptions from ES&H requirements and responsi-
bilities contained in DOE 5480 series Orders.,
Process requests for variances from occupational safety and health
standards. 1n accordance with the procedures of DOE. 5483.1 .
Conduct reviews of facilities and operations including, technical
safety appraisals of Department reactors and nuclear facilities,
environmental surveys, and environmental audits. The planning
and conduct of these reviews will be coordinated with the appro-
priate field organizations and Headquarters program offices to
minimize overlap or duplication of effort. Appropriate field
organizations and Headquarters program offices will be requested
to participate.
Participate in selected field organization ES&H appraisals of
contractor facilities/operations in accordance with DOE 5482.IB.
All participation shall be as a full active member and scheduled
for the year at the time of the annual submittal by the field of
its proposed appraisal schedule.
Provide an independent prioritization of ES&H corrective actions
and upgrade projects to the PSO and the Assistant Secretary for
Management and Administration (MA-1), for use in initiating and,
ultimately, by the Under Secretary, in establishing the
Departmental budget requested. This input would be based on a
number of information sources including ES&H appraisals,
environmental surveys, environmental audits, and Field Office
Manager's and PSO's recommended budget requests.
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DOE 5480.IB
9-23-86
(18) For reactors and high and selected moderate hazard facilities,
"concursvln accordance with DOE 5481.IB, with the safety,
related aspects'of the construction and Initial operating
* ^^'authorizations or modifications Involving an unrevlewed safety
auestlon.
(19) Prepare and coordinate Departmental comments on emerging
regulations, and policies of other agencies related to ES&H
that could impact DOE projects and program operations.
(20) Curtail or suspend operations at DOE facilities, under the
conditions described below, when a clear and present danger
exists to workers or members of the public. (Clear and pres-
ent danger,1s a condition or hazard which could reasonably be
expected to cause death or serious harm to plant workers or
the public Immediately or before such condition or hazard can
be eliminated through normal procedures.)
(a) Whenever EH-1, 1n carrying out his or her'respon-
sibilities, determines that the environmental, safety, or
health'conditions at any DOE facility present a clear and
present danger, EH-1 shall notify the Under Secretary
that such a determination has been made. In addition,
notification shall be provided to the Program Senior
Official and the Head of the appropriate Field Element.
Upon receiving such notification, the Head of the Field
Element shall take immediate action to curtail or suspend
the operation and to mitigate the danger.
(b) If appropriate action is not taken to curtail or suspend
the operation and mitigate the identified danger, EH-1
shall advise the Secretary. In the event that the
Secretary is unavailavble, EH-1 is authorized to direct
the PSO or field element to suspend or curtail an opera-
tion which EH-1 has determined is posing a clear and pres-
ent danger until the danger has been mitigated.
(c) The authority reflected in subparagraph (20) may not be
redeleqated or assumed by acting officials and will terminate
on 1-31-88, unless specifically renewed.
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DOE 5480.IB
9-23-86
11
sew 3oa
d. Heads of Field Organizations are responsible for"assuring'that all
operations under their jurisdiction are carried out consistent
with sound ES&H practices and in accordance with the ES&H Orders.
In carrying out this responsibility the Heads of Field
Organizations shall:
(1) Execute programs and assure that contractors and their subcon-
tractors execute programs and policies which utilize
appropriate ES&H program elements, as identified 1n this and
other Orders for siting, design, construction, operation,
maintenance, modification, deactivation, decontamination, and
deconrnissionlng of DOE facilities and activities.
(2) Take such action as may be appropriate to assure acceptable
environment, safety, and health, including curtailment and
suspension of operations when, in their opinion, such opera-
tion would result in an undue ES&H risk.
(3) In the selection of contractors, ensure the ability of
offerors to meet ES&H requirements. Assure that applicable
environment, safety, health, and quality assurance require-
ments are included in contracts.
(4) Execute programs and assure that contractors and their subcon-
tractors execute programs and policies in a manner that
complies with mandatory requirements relating to ES&H.
(5) Appraise the programs, projects, and facilities of subordinate
field activities in accordance with DOE 5482.IB, and other DOE
5480 series Orders.
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12
DOE 5480.IB
9-23-86
(6) Prepare Implementation plans for this Order and other DOE 5480
ser1.es> Orders.
(a) These,plans snail include:
1_ The designation of ES&H responsibilities and authorities
by the field organization and their contractors; and
<2 A concise description of the approach, resources, and time
~~ period, pianned for Implementing Orders that require such
pians on'a.site wide basis, Including a description of the
execution of ES&H responsibilities and authorities by the
field organization, and any proposed generic exemptions to
parts of such Orders.
(b) The field organization Implementation plans will be reviewed
and approved by' the cognizant PSO before Implementation.
This*requirement 1n no way, prohibits Heads of Field Organi-
zations from initiating actions of necessity^1n exercising
responsibility for environment, safety, and health activ-
ities. Specific exemptions to the requirements of this Order
or other ES&H Orders which are dependent on specific facility
designs would not be a part of the implementation plans but
shall be identified in the facility design documentation and
safety analysis which will be reviewed and approved in the
normal process of facility design and operation and assessed
as part of the ES&H appraisal programs.
Note: These procedures for specific exemptions do not apply
to Federal regulations (such as the National Environ-
mental Policy Act), Environmental Impact Statements,
or Environmental Assessment documents.
(7) Establish and maintain liaison with regional. State, or local
officials as appropriate, and advise the responsible PSO of any
ES&H requirements issued by these officials that will signifi-
cantly affect their operations. Concurrently advise EH-1 of all
requirements issued that will significantly affect any DOE
operation.
(8) Grant exceptions to, and process requests for variances from
occupational safety and health standards in accordance with DOE
5483.1.
(9) Request Program Senior Official approval of generic exemptions
from ES&H requirements and responsibilities as contained in the
DOE 5480 series Orders.
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DOE 5480.IB
9-23-86
(10).^Authorize the construction and initial operation ofreactors and
high and,moderate hazard facllitles or. modifications thereto
Involving.an,unreviewed.safety. question^in.accordance with
DOE- 5481.1B.^
(11) Assure that documents generated under this Order are reviewed for
classification where appropriate.
(12) Provide EH-1 with copies of their prioritized recommendations for
major ES&H upgrades and corrective actions included in their
budget requests to the PSO.
(13) Provide EH-1 all information and documentation requested to enable
efficient discharge of EH-1 overall responsibilities.
(14) Assure the establishment, implementation, and maintenance of a
Quality Assurance Program, by DOE contractors to whom this Order
is made applicable, in accordance with this Order and DOE 5700.6B.
(15) Provide for an overview of environment, safety, and health in
their organization Independent of line management responsibility.
NOTE: The Manager, Pittsburgh Naval Reactors Office, and- the
Manager, Schenectady Naval Reactors Office, together with their
branch field offices located at DOE Naval Reactor prototype sites,
report to the Deputy Assistant Secretary for Naval Reactors
because of their unique responsibility solely involved with the
Naval Reactors Program. In this regard, the Deputy Assistant
Secretary for Naval Reactors will continue to carry out responsi-
bilities for approving implementation of DOE requirements in such
areas as reactor safety, criticality control, radiation protection,
and radiological environmental monitoring and protection defined
herein and in other DOE Orders for field organization managers.
e. The Director of Administration (MA-2) is responsible for the adminis-
tration and overview of the Federal Employee Occupational Safety and
Health Program. In carrying out this function, MA-2 responsibilities
and authorities are detailed in DOE 3790.1A. Questions regarding
impact on Federal employees shall be addressed to this organization.
f. Deputy Assistant Secretary for Naval Reactors shall:
(1) Be responsible for conducting management appraisals, implementing
DOE ES&H requirements, and establishing overviews in such areas as
reactor safety, criticality control, radiation protection, and
radiological environmental monitoring and protection in the Naval
Reactors Program. These appraisals, implementation actions, and
overviews are excluded from EH-1 responsibility, notification,
requirements, and authority.
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DOE 5480vlB
9-23-86
t2)£tarr/VutJ res pons 1 bill ties "assigned herein' and in; other DOE ES&H
pr'ders*to f1eld''organ1zat1on managerV^for1 approving"and 1mple-
mentlVg^OOE1 requirements^ n'-suct^areaVas1 reactor0 safety,
criticality control, radiation protection,"3 and radiological.
environmental monitoring and protection.
(3) Carry out the respons1bH1t1es:'and~ autnormes of a Program
Secretarial, Officer for activities under "his coanl?ancp.
JOHN S. HERRINGTON
Secretary)
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U.S. Department of Energy
Washington, D.C.
9-26-88
SUBJECT. RADIOACTIVE WASTE MANAGEMENT
1. PURPOSE. To establish policies, guidelines, and minimum requirements by which
the Department of Energy (DOE) manages its radioactive and mixed waste and
contaminated facilities.
2. CANCELLATION. DOE 5820.2, RADIOACTIVE WASTE MANAGEMENT OF 2-6-84.
3. SCOPE. The provisions of this Order apply to all DOE elenents and, as
required by law and/or contract and as implemented by the appropriate con-
tracting officer, all DOE contractors and subcontractors performing work that
involves management of waste containing radioactivity and/or radioactively
contaminated facilities for DOE under the Atomic Energy Act of 1954, as
amended (Public Law 83-703).
4. EXCLUSION. This Order does not apply to the management by the Department of
commercially generated spent nuclear fuel or high-level radioactive waste, nor
to the geologic disposal of high-level waste produced by the Department's
activities and operations. Such materials are managed by the Office of
Civilian Radioactive Waste Management under the requirements of the Nuclear
Waste Policy Act of 1982, as amended (Public Law 97-425).
5. POLICY. Radioactive and mixed wastes shall be managed in a manner that
assures protection of the health and safety of the public, DOE, and contractor
, employees, and the environment. The generation, treatment, storage, transpor-
tation, and/or disposal of radioactive wastes, and the other pollutants or
hazardous substances they contain, shall be accomplished in a manner that
minimizes the generation of such wastes across program office functions and
complies with all applicable Federal, State, and local environmental, safety,
and health laws and regulations and DOE requirements.
6. REFERENCES. (See Attachment 1.)
7. DEFINITIONS. (See Attachment 2.)
8. RESPONSIBILITIES.
a. Assistant Secretary for Defense Programs (QP-1) has authority for estab-
lishing policy for the management of DOE waste and assuring that DOE waste
generated by operations and activities under DP-1 cognizance, or any other
waste within the purview of DP-1, is managed according to the requirements
of this Order. DP-1 also has general responsibility for assuring that
ORDER
DOE 5820.2A
DISTRIBUTION: INITIATED BY
All Departmental Elements Office of Defense Waste and
Transportation Management
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DOE 5820.2A
9-25-88
DP-1 programmatic decisions include waste management considerations when
appropriate. Specific responsibi1ities include:
(1) Assuring the safe storage and disposal of all DOE waste other than
that managed by NE-1 and RW-1;
(2) Implementing new and alternative technologies and processes to improve
management of OP waste;
(3) Developing and operating the Waste Isolation Pilot Plant, a facility
near Carlsbad, New Mexico, for conducting research and development to
demonstrate the safe disposal of radioactive waste from defense
activities and programs of the United States exempted from regulation
by the Nuclear Regulatory Commission;
(4) Conducting research and development for DOE waste transportation
systems and providing for safe, efficient, and economic transport of
materials, pursuant to DOE 1540.1;
(5) Managing OP contaminated facilities, including those that are surplus
to program needs;
(6) Assuring that the environmental, safety, health, transportation,
quality assurance, unusual occurrence, construction project manage-
ment, real estate management, and facility design requirements set
forth in DOE Orders are Implemented for DP-1 waste management pro-
grams; and
(7) Supporting the Information needs of the Integrated Data Base program
on defense program activities and jointly managing and funding the
program 1n cooperation with NE-1 and RW-1 (see Attachment 1, page 3,
paragraph 23).
Director of Defense Waste and Transportation Management (OP-12) is charged
with carrying out DP-1 waste management responsibilities for oversight of
the waste management complex, for Interpreting waste management policy,
and for Implementing the requirements of this Order for waste management
facilities and operations funded by DP-12. Specific responsibilities
include:
(1) Management of storage, treatment, and disposal operations for defense
waste;
(2) Managing defense contaminated facilities that are excess to program-
matic needs;
(3) Reviewing and approving new or alternative waste management practices;
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DOE 5820.2A
3
9-26-88
(4) Conducting research and development for DOE waste transportation
systems and providing for safe, efficient, and economic transport of
materials, pursuant to DOE 1540.1;
(5) Conducting independent health, safety, and quality assurance audits of
field waste management organizations, in cooperation with EH-1, to
assess compliance with the requirements of this Order;
(6) Issuing, in consultation with EH-1, approval of exemptions from the
requirements of this Order (paragraph 9) that are proposed by other
Headquarters or field organizations;
(7) Issuing in consultation with EH-1 and Headquarters program organiza-
tions updated waste management guidance; and
(8) Approving documents, reports, and plans, as required by this Order,
for DP programs and activities.
c. Director of Civilian Radioactive Waste Management (RW-1) is responsible
for selected research and development, siting, construction, operation,
and management activities assigned to the Secretary of Energy by the
Nuclear Waste Policy Act of 1982 (Public Law 97-425) for the interim
storage and disposal of high-level waste and spent nuclear fuel. Specific
responsibilities include the following:
(1) The long-term care, 1n cooperation with NE-rl, cf closed commercial
low-level waste sites transferred to DOE;
(2) Lead responsibility, 1n cooperation with NE-1 and DP-1, for the Inte-
grated Data Base program (see Attachment 1, page 3, paragraph 23);
(3) Assurance that the requirements of DOE Orders are met for all waste
management activities under RW-1 purview; and
(4) Independent health, safety, and quality assurance audits of field
waste management organizations 1n cooperation with EH-1, to assess
compliance with the requirements of this Order.
d. Assistant Secretary for Nuclear Energy (NE-1) 1s responsible for assuring
that waste generated by operations funded by NE-1 is managed according to
the requirements of this Order and that NE-1 program decisions include
waste management considerations, as appropriate. Specific
responsibilities include:
(1) Managing DOE wastes from NE-1 operations and activities, Including the
breeder reactor, space nuclear, naval reactor, and remedial action
programs, as well as the Three Mile Island and West Valley projects;
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4
DOE 5820.2A
9-26-88
(2) Managing waste generated by DOE enrichment operations and disposed at
sites located at the Oak R^dge, Portsmouth, and Paducah gaseous
diffusion plants;
(3) Managing any greater than Class C low-level waste, as defined In
Section 3(b)(1)(D) of Public Law 99-240, which may be accepted by the
Department for disposal 1n cooperation with OP-1;
(4) Developing and implementing alternative technologies and processes to
support storage and disposal of waste or spent fuel generated by NE-1
operations;
(5) Managing NE-1 contaminated facilities, Including those that are
surplus to program needs, and waste storage/disposal sites;
(6) Developing and Implementing commercial applications for waste
byproducts;
(7) Assuring that environmental, safety, health, transportation, quality
assurance, unusual occurrence, construction project management, real
estate management, and facility design requirements set forth In 00E
Orders, are Implemented for NE-1 waste management programs;
(8) Conducting Independent health, safety, and quality assurance audits of
field waste management operations in cooperation with EH-1 to assess
compliance with the requirements of this Order; and
(9) Supporting the Information needs of the Integrated Data Base program
on civilian nuclear program activities 1n cooperation with DP-1 and
RW-1 (see Attachment 1, page 3, paragraph 23).
e. Assistant Secretary for Environment, Safety and Health (EH-1) is responsible
for providinq an independent overview of DOE radioactive waste manaqement and
decommissioning programs to determine compliance with DOE environment,
safety, and health requirements and applicable Environmental Protection
Agency (EPA) and state regulations. Specific responsibilities include:
(1) Advising the Secretary of the status of Departmental compliance with
the requirements of this Order and applicable provisions of OOE
5480.IB, and EH Orders.
(2) Conducting independent appraisals and audits of DOE waste management
and decommissioning programs consistent with the requirements of DOE
5482.IB.
(3) Reviewing site Waste Management Plans and Decommissioning Project
Plans with regard to compliance with DOE environment, safety, and
health requirements.
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DOJE 5820.2A
5
9-26-88
f. Director. Naval Nuclear Propulsion Program: Executive Order 12344,
statutorily prescribed by PL 98-525 (42 USC 7158 note), establishes the
responsibilities and authority of the Director, Naval Nuclear Propulsion
Program (who 1s also the Deputy Assistant Secretary for Naval Reactors
within the Department) over all facilities and activities which comprise
the Program, a joint Navy-DOE organization. The policy principle promoted
by these executive and legislative actions is cited 1n the Executive Order
as "...preserving the basic structure, policies and practices developed
for this Program in the past...". Accordingly, The Naval °"opu1sion
Program 1s exempt from the provisions of this Order. The rector shall
maintain an environmental protection program to assure compliance with
applicable environmental statutes and regulations. The Director and EH-1
shall exchange information and cooperate as appropriate to facilitate
exercise of their respective responsibility.
g. Directors of other Headquarters Program Organizations are responsible for
implementing the requirements of this Order for all DOE waste generated by
their programs until it is transferred to a DOE or licensed
storage/disposal site. For all contaminated facilities under their
jurisdiction, they are responsible for assuring that their programmatic
decisions include waste management considerations, as appropriate, and for
implementing the requirements of other applicable DOE Orders for their
waste management programs.
h. Office of General Counsel (GC-1) provides legal advice to program organi-
zations regarding DOE waste management and decommissioning activities
involving DOE-owned and privately owned sites; renders legal opinion on
DOE authority to undertake remedial action and other waste management
activities; and renders legal opinions on, and concurs 1n, program actions
to comply with the National Environmental Policy Act, the Resource Conser-
vation and Recovery Act, the Comprehensive Environmental Response, Compen-
sation, and Liability Act, the Superfund Amendments and Reauthorization
Act, and other legal authorities 1n conjunction with proposed waste
management and decommissioning activities.
1. Assistant Secretary. Management and Administration (MA-1) is responsible
for providing contractual and business advice to program organizations
regarding DOE waste management activities, including use of DOE managemen'
and operating contractors in such activities.
j. Heads of Field Organizations are responsible for all activities that
affect the treatment, storage, or disposal of waste in facilities under
their jurisdiction regardless of where the waste is generated. Heads of
field organizations with treatment, storage or disposal facilities respon
sibillty have the authority for establishing waste management requirement
at that facility (e.g., setting waste acceptance criteria, waste certifi-
cation, verification of contents of waste shipped or to be shipped,
concurring in waste reduction plans). In addition, they are responsible
for assuring that the day-to-day waste management and surplus faci lity
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6
DOE 5820.2A
9-26-88
operations at their sites are conducted 1n compliance with the require-
ments of this Order and comply with all applicable Federal, State, and
local statutes. Specific responsibilities include the following:
(1) Preparing annual updates of the Waste Management Plans for all oper-
ations under their purview according to the format in the Waste
Management Plan Outline, Chapter VI. These Plans shall be submitted
1n December of each year and be distributed to OP-12, EH-1, and other
appropriate Headquarters organizations foe review and comment.
(2) Preparing supplements to this Order that identify specific detailed
requirements for waste management practices and procedures conducted
at their sites.
(3) Overseeing fiscal responsibility for transporting waste and
establishing of fees to recover the Incremental costs for storage and
disposal of DOE waste at their sites.
(4) Establishing waste acceptance criteria and reviewing waste minimiza-
tion plans of other field organization's facilities that generate
radioactive, hazardous, or mixed waste that will be treated, stored or
disposed of at facilities under their purview.
(5) Auditing any waste generating organization that ships waste to their
sites for treatment, storage, or disposal to assure compliance with
established waste acceptance criteria.
(6) Maintaining environmental, safety, and health programs for all OOE
waste management operations under their purview.
(7) Managing contaminated facilities under their purview according to the
requirements of this Order and guidance provided by Headquarters
program offices, providing program secretarial officers with the
necessary characterlzatlonal and engineering data for contaminated
facilities, and developing site-specific priorities, schedules, and
costs for remedial actions.
(8) Assuring that the requirements of the Order, applicable to contractors
and subcontractors whose contracts fall within the scope of the Order,
are properly reflected 1n the contract document.
(9) Defining and assuring that required quality assurance activities are
established and implemented for all waste management activities under
their purview, pursuant to the requirements of DOE 5700.6B and
reporting unusual occurrences pursuant to the requirements of DOE
5000.3.
(10) Providing information, as requested, to the Integrated Oata Base Pro-
gram, Oak Ridge National Laboratory, for all types of waste under
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DOE 5820.2A
7 (and 8)
9-26-88
their purview, Including: high-level waste; transuranic waste; low-
level waste; naturally occurring and accelerator produced radioactive
material; mixed waste; and wastes from decommissioning activities (see
Attachment 1, page 3, paragraph 23).
k. Manager of Albuquerque Operations Office is responsible, in addition to
the responsibilities identified in paragraph 8j, for use of certified
packaging, standard containers, transportation, waste acceptance criteria,
and all other aspects related to transuranic waste emplacement at the
Waste Isolation Pilot Plant. Within the Albuquerque Operations Office, a
standing committee, the Waste Isolation Pilot Plant-Waste Acceptance
Criteria Certification Committee, is responsible for review, audit, and
approval of generator transuranic waste certification programs and activi-
ties. The Manager of the Albuquerque Operations Office, as Head of the
Waste Isolation Pilot Plant project office, also has responsibility for
the design, construction, technology development, and operational activi-
ties leading to permanent isolation of transuranic waste from the
biosphere.
9. EXEMPTIONS. Exemptions from the requirements of this Order may be granted
only with the approval of DP-12 in consultation with EH-1. New or alternate
waste management practices that are based on appropriate documented safety,
health protection, and economic analyses may be proposed by field organi-
zations and adopted with the approval of DP-12 and EH-1.
10. IMPLEMENTING PROCEDURES AND REQUIREMENTS. Within 6 months of the date of
issuance of this Order, Heads of Field Elements shall prepare and submit to
appropriate Headquarters program organizations an Implementation plan
describing schedules, costs, and quality assurance activities for compliance
with the requirements of this Order with copies to EH-1 for review and
comment. Specific guidance for the plan will be issued by DP-12 under
separate cover. Thereafter, the status of compliance with the requirements of
this Order shall be reported to the appropriate Headquarters program
organization in the annual update of the Waste Management Plans.
11. CLEARANCE UNDER THE PAPERWORK REDUCTION ACT OF 1980. This directive has been
determined to contain information collections under the provisions of 5 CFR
1320, "Controlling Paperwork Burdens on the Public." The Office of Management
and Budget (0MB) has issued a clearance to the Department (0MB No. 1910-0900)
for these Information collections.
BY ORDER OF THE SECRETARY OF ENERGY :
LAWRENCE F. DAVENPORT
Assistant Secretary
Management and Administration
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DOE 5820.2A
9-26-88
Attachment 1
Page 1
REFERENCES
1. DOE 1332.1A, UNIFORM REPORTING SYSTEM, of 10-15-85, establishes the content
and format of plans and reports to be obtained from the Department's contrac-
tors and stipulated as a contract requirement.
2. DOE 1430.1A, MANAGEMENT OF THE DEPARTMENT'S SCIENTIFIC AND TECHNICAL INFORMA-
TION, of 9-10-86, which establishes the policy that scientific and technical
information developed during work supported by DOE shall be promptly and fully
reported to the Technical Information Center (MA-28), located in Oak Ridge,
Tennessee, for inclusion in the Department's information data base.
3. DOE 1540.1, MATERIALS TRANSPORTATION AND TRAFFIC MANAGEMENT of 5-3-82, estab-
lishes the Department's policies for management of materials transportation
activities.
4. DOE 1540.2, HAZARDOUS MATERIAL PACKAGING FOR TRANSPORTATION ADMINISTRATIVE
PROCEDURES of 9-30-86, establishes administrative procedures for the certifi-
cation and use of radioactive and other hazardous materials packaging by the
Department of Energy.
5. DOE 2110.1, PRICING OF DEPARTMENTAL MATERIALS AND SERVICES of 2-16-84, which
establishes the Department's policy for establishing prices and charges for
materials and services provided to outside persons and organizations.
6. DOE 4300.IB, REAL PROPERTY AND SITE DEVELOPMENT PLANNING of 7-1-87, estab-
lishes Department policies and procedures for planning the development and
utilization of sites and their facilities and for the acquisition, use,
inventory, and disposal of real property or interests therein.
7. DOE 4700.1, PROJECT MANAGEMENT SYSTEM, of 3-6-87, establishes the DOE Project
Management System (PMS), provides implementing instructions, formats and pro-
cedures and sets forth requirements which govern the development, approval and
execution of DOE's outlay program acquisition as embodied in the PMS.
8. DOE 5000.3, UNUSUAL OCCURRENCE REPORTING SYSTEM of 11-7-84, establishes the
Department's policy and provides instructions for reporting, analyzing, and
disseminating information on programmatlcally significant events.
9. DOE 5400.2, ENVIRONMENTAL COMPLIANCE ISSUE COORDINATION, of 8-13-87, estab-
lishes DOE requirements for coordination of significant environmental compli-
ance issues.
10. DOE 5440.1C, NATIONAL ENVIRONMENTAL POLICY ACT of 4-9-85, establishes the
Department's policy for implementation of the National Environmental Policy
Act of 1969 (Public Law 91-190).
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Attachment 1
Page 2
DOE 5820.2A
9-26-88
11. DOE 5480.IB, ENVIRONMENTAL SAFETY, AND HEALTH PROGRAM FOR DEPARTMENT OF ENERGY
OPERATIONS of 9-23-86, establishes an overall framework of program require-
ments for safety, environmental, and health protection, including criteria for
radiation exposure and radioactive effluent releases for operating facilities
and sites.
12. OOE 5480.3, SAFETY REQUIREMENTS FOR THE PACKAGING AND TRANSPORTATION OF
HAZARDOUS MATERIALS, HAZARDOUS SUBSTANCES AND HAZARDOUS WASTES, of 7-9-85,
establishes requirements for the packaging and transportation of hazardous
materials, hazardous substances, and hazardous wastes.
13. DOE 5481.18, SAFETY ANALYSIS AND REVIEW SYSTEM of 9-23-86, establishes uniform
requirements for the preparation and review of safety analyses of OOE
operations.
14. DOE 5482.IB, ENVIRONMENT, SAFETY AND HEALTH APPRAISAL PROGRAM of 9-23-86,
establishes an environment safety and health appraisal program for DOE.
15. DOE 5484.1, ENVIRONMENTAL, SAFETY, AND HEALTH PROTECTION INFORMATION REPORTING
REQUIREMENTS of 2-24-81, establishes requirements and practices for reporting
environmental, health, and safety information for OOE operations.
16. DOE 5700.68, QUALITY ASSURANCE of 9-23-86, sets forth principles and assigns
responsibilities for establishing, implementing, and maintaining programs of
plans and actions to assure quality achievement in the Department's programs.
17. DOE 6430.1, GENERAL DESIGN CRITERIA of 12-12-83, establishes general design
criteria for use in acquisition of the Department's facilities and to estab-
lish responsibilities and authorities for the development and maintenance of
those criteria.
18. WIPP-D0E-069, rev. 2, of 9-85, "Transuranic Waste Acceptance Criteria for the
Waste Isolation Pilot Plant" of 9-81, as updated, specifies basic requirements
for disposal of contact-handled and remote-handled transuranic waste at the
Waste Isolation Pilot Plant. Copies of this and other DOE Waste Isolation
Pilot Plant reports may be obtained from the Albuquerque Operations Office.
19. WIPP-D0E-120, rev. 1, of 1-83, "Quality Assurance" establishes the Quality
Assurance requirements to ensure that each site's transuranic waste certifica-
tion program will perform satisfactorily.
20. WIPP-OOE-157 rev. 1, of 9-85, "Data Package Format for Certified Transuaranic
Waste for the Waste Isolation Pilot Plant" specifies the arrangement of data
which are required to be reported to the Waste Isolation Pilot Plant for
transuranic waste to be received.
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DOE 5820.2A
9-26-88
Attachment 1
Page 3
21. OOE/LLW-63T of 9-87, "Guidance for Conduct of Waste Management Systems
Performance Assessment" provides Information on meeting the systems
performance requirement of Chapter III 3b(2) of DOE 5820.2A.
22. DOE-J10-025 of 9-87, "Comprehensive Implementation Plan for the DOE Defense
Buried Transuranic-Contaminated Waste Program," describes long term management
alternatives for all DOE sites with buried transuranic waste.
23. D0E/RW-0006, rev. 3, "Integrated Oata Base for 1987: Spent Fuel and Radio-
active Waste Inventories, Projections, and Characteristics" of 9-87, with
annual updates, summarizes data in the Integrated Oata Base program on all
domestic spent fuel and radioactive waste. Copies may be obtained from the
Office of Nuclear Energy, Germantown, or the Technical Information Center, Oak
Ridge.
24. D0E/DP/0020/1 "An Evaluation of Commercial Respository Capacity for the
Disposal of Oefense High Level Waste," of 6-85, evaluates the use of civilian
repository capacity for the disposal of high level waste resulting from
Defense activities, and provided to the President as one analytical input for
his evaluation as required under the Nuclear Waste Policy Act.
25. Nuclear Waste Policy Act of 1982, as amended, (Public Law 97-425) provides for
the development of repositories for the disposal of high-level waste and spent
nuclear fuel.
26. Uranium Mill Tailings Radiation Control Act of 1978 (Pubic Law 95-604) estab-
lishes national policy for control of uranium mill tailings.
27. Energy Reorganization Act of 1974 (Public Law 93-438), 1n Section 202, assigns
licensing and related regulatory authority to the Nuclear Regulatory
Commission for facilities authorized for the express purpose of long-term
storage of defense high-level waste.
28. Department of Energy National Security and Military Applications of Nuclear
Energy Authorization Act of 1980 (Public Law 96-164), Section 213(a)
authorizes the Waste Isolation Pilot Plant.
29. Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240)
makes the Federal Government responsible for disposal of commercially
generated greater than class C waste as defined 1n Section 3(b)(1)(D) of the
Act.
30. Resource Conservation and Recovery Act of 1976, as amended, (Public Law
94-580) establishes safe and environmentally acceptable management practices
for sol id wastes.
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Attachment 1
Page 4
DOE 5820.2A
9-26-88
31. Comprehensive Environment Response, Compensation, and Liability Act of 1980,
as amended, (Public Law 96-510) to provide for liability, compensation,
cleanup, and emergency response for hazardous substances released into the
environment, and the cleanup of inactive hazardous waste disposal sites.
32. The Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-270)
provides for a fund (Superfund) which may be utilized by the Environmental
Protection Agency, State, and local governments to dean up hazardous waste
sites listed on the National Priorities List.
33. National Environmental Policy Act of 1969 (Public Law 91-190) requires the
preparation of a statement which considers environmental impacts, alterna-
tives, and resource commitments for any major Federal action that signifi-
cantly affects the quality of the human environment.
34. Title 5 CFR 1320, Controlling Paperwork Burdens on the Public serves as the
implementing regulation for Public Law 96-511, Paperwork Reduction Act of 1980
and directs the identification and clearance of information collections levied
on the public, including contractors, State and local government units, and
persons who perform services for the Department on an individual basis.
35. Title 10 CFR Part 60, of 2-25-81, Disposal of High-Level Wastes in Geologic
Repositories, prescribes rules governing the licensing of the Department of
Energy to receive and possess source, special nuclear, and byproduct material
at a geologic repository operations area.
36. Title 10 CFR Part 61, of 12-27-82, Licensing Requirements for Land Disposal of
Radioactive Waste, establishes technical requirements for the land disposal of
commercial low-level waste including site selection, site design, and facility
operation and closure.
37. Title 10 CFR Part 71, of 8-5-83, Packaging and Transportation of Radioactive
Material, establishes (1) requirements for packaging, preparation for ship-
ment, and transportation of licensed material and (2) procedures and standards
for NRC approval of packaging and shipping procedures for fissile material and
for a quantity of other licensed material in excess of a Type A quantity.
38. Title 10 CFR Part 962, of 5-1-87, Radioactive Waste; Byproduct Material estab-
lishes the policy that all DOE radioactive waste which is hazardous under the
Resource Conservation and Recovery Act will be subject to regulation under
both the Resource Conservation and Recovery Act and Atomic Energy Act.
39. Title 40 CFR Part 61, of 7-1-87 National Emission Standards for Hazardous Air
Pollutants, establishes standards for atmospheric emissions of hazardous air
pollutants and radionuclides.
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DOE 5820.2A
9-26-88
Attachment 1
Page 5
40. Title 40 CFR Part 191, of 9-19-85, Environmental Radioactive Protection
Standards for Management and Disposal of Spent Nuclear Fuel, High-level and
transuranic Radioactive Waste, establishes radiation protection standards
governing the management and storage of spent nuclear fuel or high-level or
transuranic wastes at any disposal facility operated by DOE.
41. Title 40 CFR Part 192, of 1-5-83, Health and Environmental Protection
Standards for Uranium and Thorium Mill Tailings, concerns the control of
residual radioactive material at designated processing or disposal sites.
42. Title 40 CFR Part 261, of 5-19-80, Identification and Listing of Hazardous
Waste identifies those solid wastes that are subject to regulation as
hazardous waste.
43. Title 40 CFR 262, of 5-19-80, Standards Applicable to Generators of Hazardous
Waste, establishes manufacturing, packaging, labeling, record keeping, and
reporting requirements for generators of hazardous waste.
44. Title 40 CFR Part 263, of 5-19-80, Standards Applicable to Transporters of
Hazardous Waste, establishes manufacturing, record keeping, spill reporting
and cleanup requirements for transporters of hazardous waste.
45. Title 40 CFR Part 264, of 5-19-80, Standards for Owners and Operators of
Hazardous Waste Treatment, Storage and Oisposal Facilities, establishes
minimum national standards defining the acceptable management of hazardous
waste.
46. Title 40 CFR Part 265, of 5-19-80, Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities,
establishes minimum national standards that define the acceptable management
of hazardous waste during the period of interim status and until certification
of final closure.
47. Title 49 CFR Parts 100-178, of 10-1-86, Other Regulations Relating to Trans-
portation: Chapter I-Research and Special Programs Administration, Department
of Transportation, prescribes the requirements of the DOT governing the trans-
portation of hazardous material and the manufacture and testing of packaging
and containers.
48. ANSI/ASME NQA-1 "American National Standards Institute/American Society of
Mechanical Engineers Nuclear Quality Assurance-1," sets forth requirements for
the establishment and execution of quality assurance programs for the design,
construction, operation, and decommissioning of nuclear facilities.
49. Atomic Energy Act of 1954, as amended 42 U.S.C. S § 2011-2292 (1982) which
authorizes and directs the Atomic Energy Commission to produce special nuclear
material 1n its own facilities to produce atomic weapons or atomic weapons
parts and to research and develop military applications of atomic energy.
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Attachment 1 DOE 5820.2A
Page 6
9-26-88
50. Nuclear Waste Policy Amendments Act of 1987 (part of the Budget Reconciliation
Act for FY 1988 Public Law 100-203), of December 22, 1987, streamlines and
focuses the high level waste management program established by the Nuclear
Waste Policy Act.
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DOE 5820.2A
9-26-88
Attachment 2
Page 1
DEFINITIONS
1. Below Regulatory Concern. A definable amount of low-level waste that can be
deregulated with minimal risk to the public.
2. Buffer Zone. The smallest region beyond the disposal unit that is required as
controlled space for monitoring and for taking mitigative measures, as may be
required.
3. Byproduct Material. (Attachment 1, pages 4 and 5, paragraphs 38 and 49.)
a. Any radioactive material (except special nuclear material) yielded in, or
made radioactive by, exposure to the radiation incident or to the process
of producing or utilizing special nuclear material. For purposes of
determining the applicability of the Resource Conservation and Recovery
Act to any radioactive waste, the term "any radioactive material" refers
only to the actual radionuclides dispersed or suspended in the waste
substance. The nonradioactive hazardous waste component of the waste
substance will be subject to regulation under the Resource Conservation
and Recovery Act.
b. The tailings or waste produced by the extraction or concentration of
uranium or thorium from any ore processed primarily for its source
material content. Ore bodies depleted by uranium solution extraction
operations and which remain underground do not constitute "byproduct
material."
4. Certified Waste. Waste that has been confirmed to comply with disposal site
waste acceptance criteria (e.g., the Waste Isolation Pilot Plant-Waste Accep-
tance Criteria for transuranlc waste) under an approved certification program.
5. Closure.
a. Operational Closure. Those actions that are taken upon completion of
operations to prepare the disposal site or disposal unit for custodial
care, (e.g., addition of cover, grading, drainage, erosion control).
b. Final Site Closure: Those actions that are taken as part of a formal
decoiranissioning or remedial action plan, the purpose of which is to
achieve long-term stability of the disposal site and to eliminate to the
extent practical the need for active maintenance so that only
surveillance, monitoring, and minor custodial care are required.
6. Contact-Handled Transuranlc Waste. Packaged transuranlc waste whose external
surface dose rate does not exceed 200 mrem per hour.
7. Decommissioning. Actions taken to reduce the potential health and safety
impacts of DOE contaminated facilities, including activities to stabilize,
reduce, or remove radioactive materials or to demolish the facilities.
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Page 2
DOE 5820.2A
9-26-88
8. Decontamination. The removal of radioactive contamination from facilities,
equipment, or soils by washing, heating, chemical or electrochemical action,
mechanical cleaning, or other techniques.
9. Department of Energy Waste. Radioactive waste generated by activities of the
Department (or its predecessors), waste for which the Department is respon-
sible under law or contract, or other waste for which the Department is
responsible. Such waste may be referred to as DOE waste.
10. Disposal. Emplacement of waste in a manner that assures Isolation from the
biosphere for the foreseeable future with no Intent of retrieval and that
requires deliberate action to regain access to the waste.
11. Disposal Facility. The land, structures, and equipment used for the disposal
of waste.
12. Disposal Site. That portion of a disposal facility which 1s used to dispose
of waste. For low-level waste, it consists of disposal units and a buffer
zone.
13. Olsposal Unit. A discrete portion (e.g., a pit, trench, tumulus, vault, or
bunker) of the disposal site Into which waste 1s placed for disposal.
14. DOE Reservation. A location consisting of a OOE-controlled land area
including DOE-owned facilities (e.g., the Oak Ridge Reservation) 1n some cases
referred to as a Site, such as the Nevada Test Site, the Hanford Site; or as a
Laboratory, such as the Idaho National Engineering Laboratory; or as a Plant,
such as Rocky Flats Plant; or as a Center, such as the Feed Materials
Production Center.
15. Free Liquids. Liquids which readily separate from the solid portion of a
waste under ambient temperature and pressure.
16. Engineered Barrier. A man-made structure or device that is intended to
improve the performance of a disposal facility.
17. Hazardous Wastes. Those wastes that are designated hazardous by EPA regula-
tlons (40 CFR 261).
18. High-Level Waste. The highly radioactive waste material that results from the
reprocessing of spent nuclear fuel, Including liquid waste produced directly
in reprocessing and any solid waste derived from the liquid, that contains a
combination of transuranlc waste and fission products 1n concentrations
requiring permanent Isolation.
19. Institutional Control. A period of time, assumed to be about 100 years,
during which human Institutions continue to control waste management
facilities.
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DOE 5820.2A
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Attachment 2
Page 3
20. Low-Level Waste. Waste that contains radioactivity and 1s not classified as
high-level waste, transuranlc waste, or spent nuclear fuel or 1le(2) byproduct
material as defined by this Order. Test specimens of fissionable material
irradiated for research and development only, and not for the production of
power or plutonlum, may be classified as low-level waste, provided the concen-
tration of transuranic 1s less than 100 nC1/g.
21. Monitoring. The making of observations Jnd measurements to provide data to
evaluate the performance of a waste management operation.
22. Mixed Waste. Waste containing both radioactive and hazardous components as
defined by the Atomic Energy Act and the Resource Conservation and Recovery
Act, respectively.
23. Natural Barrier. The physical, chemical, and hydrological characteristics of
the geological environment at the disposal site that, individually and collec-
tively, act to retard or preclude waste migration.
24. Naturally Occurring and Accelerator Produced Radioactive Material. Any radio-
active material that can be considered naturally occurring and 1s not source,
special nuclear, or byproduct material or that 1s produced 1n a charged parti-
cle accelerator.
25. Near Surface Olsposal. Disposal in the upper 30 meters of the earth's
surface, (e.g. shallow land burial).
26. Performance Assessment. A systematic analysis of the potential risks posed by
waste management systems to the public and environment, and a comparison of
those risks to established performance objectives.
27. Pyrophorlc Material. A material which under normal conditions 1s liable to
cause fires through friction, retained heat from manufacturing or processing,
or which can be ignited readily and when ignited burns so vigorously and
persistently as to create a serious transportation, handling or disposal
hazard.
28. Quality Assurance. All those planned and systematic actions necessary to
provide adequate confidence that a facility, structure, system, or component
will perform satisfactorily and safely 1n service. Quality assurance includes
quality control, which comprises all those actions necessary to control and
verify the features and characteristics of a material, process, product, or
service to specified requirements.
29. Radioactive Waste. Solid, liquid, or gaseous material that contains radio-
nuclides regulated under the Atomic Energy Act of 1954, as amended and of
negligible economic value considering costs of recovery.
30. Remedial Action. Activities conducted at DOE facilities to reduce potential
risks to people and/or harm to the environment from radioactive and/or
hazardous substance contamination.
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DOE 5820.2A
9-26-88
31. Remote-Handled Transuranic Waste. Packaged transuranic waste whose external
surface dose rate exceeds 200 mrem per hour. Test specimens of fissionable
material Irradiated for research and development purposes only and not for the
production of power or plutonium may be classified as remote-handled trans-
uranic waste.
32. Repository. A facility for the permanent deep geologic disposal of High Level
or Transuranic Waste.
33. Spent Nuclear Fuel. Fuel that has been withdrawn from a nuclear reactor
following irradiation, but that has not been reprocessed to remove its
constituent elements.
34. Storage. Retrievable retention of waste pending disposal.
35. Storage Facility. Land area, structures, and equipment used for the storage
of waste.
36. Storage Unit. A discrete part of the storage facility 1n which waste 1s
stored.
37. Surplus Facility. Any facility or site (Including equipment) that has no
identified or planned programmatic use and 1s contaminated with radioactivity
to levels that require controlled access.
38. Transuranium Radionuclide. Any radionuclide having an atomic number greater
than 92.
39. Transuranic Waste. Without regard to source or form, waste that 1s contami-
nated with alpha-emitting transuranium radionuclides with half-Hves greater
than 20 years and concentrations greater than 100 nCi/g at the time of assay.
Heads of Field Elements can determine that other alpha contaminated wastes,
peculiar to a specific site, must be managed as transuranic waste.
40. Treatment. Any method, technique, or process designed to change the physical
or chemical character of waste to render 1t less hazardous, safer to trans-
port, store or dispose of, or reduced 1n volume.
41. Treatment Facility. The specific area of land, structures, and equipment
dedicated to waste treatment and related activities.
42. Waste Container. A receptacle for waste, Including any Uner or shielding
material that Is intended to accompany the waste 1n disposal.
43. Waste Management. The planning, coordination, and direction of those func-
tions related to generation, handling, treatment, storage, transportation, and
disposal of waste, as well as associated surveillance and maintenance
activities.
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DOE 5820.2A
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Attachment 2
Page 5 (and Page 6)
44. Waste Package. The waste, waste container, and any absorbent that are
intended for disposal as a unit. In the case of surface contaminated,
damaged, leaking, or breached waste packages, any overpack shall be considered
the waste container, and the original container shall be considered part of
the waste.
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DOE 5820.2A i
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TABLE OF CONTENTS
Page
CHAPTER I HIGH-LEVEL WASTE
1. PURPOSE 1-1
2. POLICY 1-1
3. REQUIREMENTS 1-1
a. Design 1-1
b. Storage Operations - Doubly Contained Systems 1-2
c. Storage Operations - Singly Contained Tank
Systems 1-6
d. Disposal 1-7
CHAPTER II MANAGEMENT OF TRANSURANIC WASTE
1. PURPOSE II-l
2. POLICY II-l
3. REQUIREMENTS II-l
a. Waste Classification II-l
b. Transuranic Waste Generation and Treatment 11-2
c. Transuranic Waste Certification 11-3
d. Transuranic Waste Packaging 11-4
e. Temporary Storage at Generating Sites 11-4
f. Transportation/Shipping to the Waste Isolation
Pilot Plant 11-5
g. Interim Storage 11-6
h. Waste Isolation Pilot Plant 11-9
i. Burled Transuranic-Contamlnated Waste 11-10
j. Quality Assurance 11-11
CHAPTER III MANAGEMENT OF LOW-LEVEL WASTE
1. PURPOSE I II-l
2. POLICY III-l
3. REQUIREMENTS I II-l
a. Performance Objectives 111-l
b. Performance Assessment 111-2
c. Waste Generation 111-2
d. Waste Characterization 111-3
e. Waste Acceptance Criteria 111-3
f. Waste Treatment 111-4
g. Shipment 111-5
h. Long Term Storage 111-5
1. Disposal 111-6
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11 OOE 5820.2A
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TABLE OF CONTENTS (CONTINUEO)
Page
j. Disposal Site Closure/Post Closure 111 -9
k. Environmental Monitoring 111-9
1. Quality Assurance 111-10
m. Records and Reports 111-10
CHAPTER IV MANAGEMENT OF WASTE CONTAINING NATURALLY OCCURRING
AND ACCELERATOR PRODUCED RADIOACTIVE MATERIAL
1. PURPOSE IV-1
2. POLICY IV-1
3. REQUIREMENTS IV-1
a. Waste Management IV-1
b. Quality Assurance IV-2
CHAPTER V DECOMMISSIONING OF RADIOACTIVELY CONTAMINATED
FACILITIES
1. PURPOSE V-l
2. POLICY V-l
3. REQUIREMENTS V-l
a. General V-l
b. Facility Design V-2
c. Post-Operational Activities V-2
d. Decommissioning Project Activities V-3
e. Quality Assurance V-6
CHAPTER VI WASTE MANAGEMENT PLAN OUTLINE
1. PURPOSE VI-1
2. DISCUSSION VI-1
3. FORMAT FOR WASTE MANAGEMENT PLANS VI-1
a. Executive Summary VI-1
b. General Site Information V1-2
c. Radioactive and Mixed Waste Management V1-2
d. Hazardous Waste Management (DP Facilities) V1-3
e. Schedule and Cost Summary . V1-4
f. Environmental Monitoring Programs V1-4
h. Related Subjects VI-4
ATTACHMENT VI-I - WASTE MANAGEMENT
DOCUMENTATION REQUIREMENTS VI-5
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DOE 5820.2A
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9-26-88
CHAPTER I
HIGH-LEVEL WASTE
1. PURPOSE. To establish policies and guidelines for managing the Department of
Energy's (DOE) high-level waste and any other materials which, because of
their highly radioactive nature (level of health risk, longevity of health
risk and thermal activity), require similar handling. (Unless demonstrated to
the contrary^.all high-level waste sha.lL be .considered, to, be radioactive, mixed
wasteland subject to the requirements of the Atomic Energy Act, as amended,
and the Resource Conservation and Recovery Act.)
2. POLICY. All high-level waste generated by DOE operations shall be safely
stored, treated, and disposed of according to requirements set forth 1n this
Order. Storage operations shall comply with applicable EPA standards and EPA/
State regulations. Geologic disposal shall comply with both Nuclear Regula-
tory Commission regulations and EPA standards.
3. REQUIREMENTS,
a. Design.
(1) Requirements for New Facilities.
(a) Design objectives for new facilities will assure protection of the
public and operating personnel from hazards associated with normal
high-level waste operations, accident conditions, and the effects
of natural phenomena. Other objectives are compliance with DOE
policies regarding nuclear safety, quality assurance, fire protec-
tion, pollution control, and safeguards and security protection
for high-level waste and protection of essential operations from
the effects of potential accidents.
(b) Designs for new storage and treatment facilities shall meet the
requirements of DOE 6430.1, applicable EH Orders and 40 CFR 264.
(c) Designs for new storage facilities shall Incorporate features to
facilitate retrieval capability.
(2) Design Review for Existing Facilities. Uniform requirements for the
preparation of safety analysis reports for high-level waste opera-
tions, detailed 1n DOE 5481.IB, Include the review of existing opera-
tional facilities based on current technical criteria. When hazards
are identified that should be eliminated, controlled, or mitigated,
appropriate upgrading, actions 1n accordance with paragraph 3a(l)
above, shall be identified and Implemented according to the require-
ments of DOE 5481.IB.
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DOE 5820.2A
9-26-88
b. Storage Operations - Doubly Contained Systems.
(1) Waste Characterization.
(a) Liquid and solidified high-level waste shall be characterized
consistent with radiation protection requirements to determine Us
hazardous components, per 40 CFR 261 and 40 CFR 264. Characteri-
zation shall satisfy requirements of paragraph 3b(l)(b) and may
reflect knowledge of waste generating processes, laboratory
testing results, and/or the results of periodic sampling and
analysis. Examples of required Information are chemical composi-
tion, physical properties, radionuclide concentrations, and pH.
(b) Waste characteristics and compatibility information shall be docu-
mented 1n a safety analysis report (see DOE 5481.18) and be used
as a basis for designing new facilities.
(2) Storage and Transfer Operations.
(a) All new high-level waste handling, transfer, and storage facili-
ties (e.g., tanks, bins, pipelines, and capsules) shall be doubly
contained.
(b) Singly contained pipelines may be used routinely for liquid waste
that has a total radioactivity concentration of less than
0.05C1/gal (4.9 x lO^Bq/m^). They may be used on a temporary
basis for higher activity waste, 1f appropriate- design and
administrative controls are in place to mitigate adverse effects
from a pipeline failure.
(c) Leaking waste storage systems shall not be used to receive waste
unless secondary containment 1s maintained (e.g., liquid level
maintained below leak point) and 1t can be shown with the support
of formal documentation (e.g.. Safety Analysis Reports, Opera-
tional Safety Requirements, Operating Standards) that temporary
operation can be performed without releasing radioactive liquid to
the environment.
(d) Secondary containment systems shall be capable of containing
liquids that leak Into them from the primary system and shall be
equipped with transfer capability to retrieve the leaked liquid.
Secondary containment systems for solidified high-level waste
shall provide for physical Isolation of the waste from the
environment.
(e) To the extent practical, waste shall be segregated by type
(sludge, salt, high activity, and low activity) to make accessi-
bility for future processing easier.
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DOE 5820.2A
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9-26-88
(f) Where required, ventilation and filtration systems shall be
provided to maintain radionuclide releases within the guidelines
specified 1n OOE 5481.IB and applicable EH Orders. Ventilation
systems shall be provided where the possibility exists for
generating flammable and explosive mixtures of gases (e.g.,
hydrogen/air or organics/air).
(g) Facilities using cathodlc corrosion protection systems shall
include engineered features that protect against abnormal con-
ditions such as stray currents or system failure. The cathodic
protection systems shall be calibrated annually, and all sources
of impressed current shall be Inspected and/or tested at least
every other month.
(h) Engineering controls shall be incorporated to provide liquid
volume inventory data and to prevent spills, leaks, and overflows
from tanks or containment systems. Examples are level-sensing
devices, liquid level alarms, and maintenance of sufficient
freeboard. The high-level waste shall be stored at pressures
lower than those of ancillary systems (e.g., cooling water).
(1) Nuclear critlcallty safety considerations and controls shall be
evaluated for normal operations and, before any significant
operational changes are made, to protect against an uncontrolled
nuclear crlticality incident (e.g., dissolution of sludges for
removal from tank).
(j) Each facility shall utilize remote maintenance features and other
appropriate techniques to minimize personnel radiation exposure in
accordance with DOE 5481.IB.
(k) Upon loss and subsequent recovery of normal electrical power,
high-level waste transfer equipment shall not have the capability
to restart without active operator action.
(3) Monitoring. Surveillance, and Leak Detection.
(a) Monitoring and leak detection capability shall be Incorporated in
the engineering systems (e.g., liquid level sensing devices and
alarms for high-level waste liquid systems) to provide rapid
Identification of failed containment, and measurement of abnormal
temperatures. The following, at a minimum, shall be monitored:
temperature; pressure; radioactivity 1n ventilation exhaust; and
liquid effluent streams associated with high-level waste facili-
ties. Where the possibility exists for the generation of flam-
mable and explosive mixtures of gases, monitoring shall be
conducted. For facilities storing liquid high-level waste, the
following should also be monitored: liquid levels; sludge volume;
tank chemistry; condensate and cooling water.
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GOE 5820.2A
9-26-88
(b) Leak detection systems (e.g., conductivity probes) shall be
designed and operated so that they will detect the failure of the
primary containment boundary, the occurrence of waste release, or
accumulated liquid 1n the secondary containment system.
(c) A method for periodically assessing waste storage system integrity
(e.g., coupons for corrosion testing, photographic and periscopic
inspections, leak detectors, liquid level devices) shall be
established, documented, and reported as required in the Waste
Management Plan.
(d) Electrical monitoring and leak detection devices essential to safe
operations shall be provided with backup power, as appropriate, to
ensure operability under emergency conditions.
(e) Surface water systems associated with the high-level waste storage
area shall be monitored according to applicable National Pollution
Discharge Elimination System permits and EH Order requirements.
(f) A system of ground water or vadose zone monitoring wells meeting
the Resource Conservation and Recovery Act requirements per 40 CFR
264 shall be installed, as a minimum, around clusters of liquid
waste storage tanks.
(4) Contingency Actions.
(a) A tank or secondary containment system from which there has been a
leak or a spill to the surrounding soil, or which is otherwise
unfit for use, shall be removed from service until conditions can
be evaluated fully.
(b) Upon detection of released radioactive materials, steps shall be
taken to prevent further migration of the release to soil or
surface water. Major contamination 1n the soil shall be removed
or stabilized unless compliance with this requirement would cause
greater harm to human health or the environment.
(c) If a release results from a spill and the Integrity of the system
1s not damaged, the system may be returned to service as soon as
action to correct the condition 1s completed.
(d) For emergency situations Involving liquid high-level waste, spare
capacity with adequate heat dissipation capability shall be main-
tained to receive the largest volume of liquid contained 1n any
one tank. Adequate transfer pipelines also shall be maintained 1n
operational condition. Interconnected tank farms with adequate
transfer capabilities and spare capacity may be considered as a
single tank farm for purposes of this requirement.
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DOE 5820.2A
1-5
9-26-88
(e) A schedule and procedure shall be developed for monitoring, sur-
veillance, and calibration checks. The frequency of these activi-
ties shall be based on the potential rate of equipment deteriora-
tion and the possibility of an environmental or human health
incident, assuming that a malfunction from equipment failure or
human error 1s not detected between checks. Schedules, proce-
dures, and performance requirements shall be documented in the
operating and maintenance documentation.
(f) Each high-level waste facility shall have response procedures for
credible emergencies, as Identified 1n the Safety Analysis
Reports.
(5) Training.
(a) Operator training and qualification standards shall be developed
and an up-to-date record of training status shall be maintained.
(b) Worker safety training must comply with the requirements of DOE
5480.18 and applicable EH Orders.
(6) Quality Assurance. Consistent with DOE Order 5700.6B, high-level
waste operations shall be conducted 1n accordance with applicable
requirements of the American National Standards Institute/American
Society of Mechanical Engineers Nuclear Quality Assurance-1 and other
appropriate national consensus standards. (See Attachment 1, page 5,
paragraph 48).
(7) Waste Treatment and Minimization.
(a) For the purpose of economy and enhancing the safety of high-level
waste storage, processing programs shall be developed and imple-
mented at the generating site to reduce the quantity of waste
being sent to storage, and techniques (e.g., evaporation) shall be
Implemented to reduce further the waste volume in storage.
(b) Programs should be developed and implemented to treat high-level
waste 1n storage to prepare 1t for eventual conversion to suitable
disposal forms, as such forms are developed. This may include
separation of fiigh-leve.1 waste Into other waste categories, such
as transuranlc waste or 1o*-level waste.
(c) The chemistry of liquid high-level waste shall be adjusted to
control corrosion within design limits for the storage system.
(d) Treatment reagents shall not be placed 1n a tank system without
proven effective mi11 gat1ve action if they could cause the tank.
Its ancillary equipment, or the containment system to rupture,
leak, or otherwise fail.
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DOE 5820.2A
9-26-88
(e) Waste generation and waste management systems that significantly
change the chemical and physical forms of the waste shall be tech-
nically assessed to assure compatibility and retr1evabH1ty.
Storage Operations - Singly Contained Tank Systems.
(1) Waste Characterization. The contents of singly contained tank systems
shall be characterized consistent with radiation protection require-
ments and the needs associated with safe storage to determine its
hazardous components consistent with 40 CFR 261, 40 CFR 264, and State
requirements. Characterization may reflect knowledge of waste gene-
rating processes, laboratory testing results, and/or the results of
periodic sampling and analysis.
(2) Storage and Transfer Operations.
(a) Singly contained tank systems shall not be used to store fresh
high-level waste from fuel reprocessing operations except under
emergency conditions as determined by the Operations Office
Manager.
(b) Storage and transfer operations shall be conducted within the
limits defined 1n the Safety Analysis Reports according to DOE
5481.IB.
(c) Engineered systems shall be incorporated to provide waste volume
Inventory data, consistent with the nature of the specific waste
stored in singly contained tanks. Examples are surface level
sensing devices and interstitial liquid level sensing devices.
(d) Singly contained pipelines: (see paragraph 3b(2)(b)).
(e) Where active ventilation 1s required, systems shall be provided to
maintain radionuclide releases at the point of discharge within
the guidelines specified 1n applicable EH Orders for offslte
concentrations and DOE 5480.IB for onsite dose commitment
considerations.
(f) Nuclear cr1t1ca11ty safety (see paragraph 3b(2)(1)).
(g) Each facility shall use remote maintenance features and other
appropriate techniques to maintain personnel radiation exposure as
low as reasonably achievable.
(h) Electrical power loss (see paragraph 3b(2)(k)).
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DOE 5820.2A
1-7
9-26-88
(3) Monitoring. Surveillance, and Leak Detection.
(a) Monitoring and surveillance capability shall exist to provide
liquid volume, waste Inventory data, and identification of failed
containment.
(b) A method for periodically assessing waste storage tank integrity
(e.g., coupons, photograph1c_inspect1ons, leak detectors, liquid
level devices) shall be established and documented.
(c) Emergency power (see paragraph 3b(3)(d)).
(d) Monitoring wells (see paragraph 3b(3)(f))-
(4) Contingency Action.
(a) A contingency action plan shall be maintained to respond to spills
or leaks and other credible emergencies as identified in the
Safety Analysis Reports.
(b) Leak mitigation (see paragraph 3b(4)(b)).
(c) For emergency situations Involving pumpable liquid 1n singly
contained tanks, appropriate equipment (e.g., pumps) shall be
maintained to provide removal of liquid.
(5) Training, (see paragraphs 3b(5)(a) and (b))..
(6) Quality Assurance, (see paragraphs 3b(6)(a)).
d. Disposal. New and readily retrievable waste shall be processed and the
high-level waste fraction disposed of 1n a geologic repository according
to the requirements of the Nuclear Waste Policy Act of 1982 (Public Law
97-425) as amended. Options for permanent disposal of other waste, such
as single shell tank waste, shall be evaluated and include such methods as
1n-place stabilization as well as retrieval and processing, as required
for new and readily retrievable waste. Analytic predictions of disposal
system performance shall be prepared and incorporated 1n the National
Environmental Policy Act process.
(1) New and Readily Retrievable. New and readily retrievable existing
high-level waste shall be processed to a final immobilized form in
facilities such as the Defense Waste Processing Facility and the
Hanford Waste V1tr1f1cat1on Plant preparatory to permanent disposal in
a deep geologic repository.
(a) Waste acceptance specifications and criteria based upon the
requirements outlined 1n 10 CFR 60.113, 10 CFR 60.131(b)(7),
10 CFR 60.135, 10 CFR 71.87, and 40 CFR 191 shall be developed for
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DOE 5820.2A
9-26-88
high-level waste forms prior to startup of facilities that gene-
rate the disposal waste form. Specifications and criteria shall
be approved by RW-20 and DP-12 for Defense Programs high-level
waste forms and by RW-20 and NE-20 for West Valley Demonstration
Project product. As examples, specifications and criteria for the
Defense Waste Processing Facility vitrified high-level waste form
are documented 1n D0E/RW-0125; those for the West Valley Demon-
stration Project high-level waste form are documented 1n
D0E/RW-0136.
(b) Interim storage for solidified high-level waste awaiting transport
to the designated geologic repository shall comply with applicable
requirements in paragraph 3b.
(2) Other Waste. High-level waste that 1s not readily retrievable shall
be monitored periodically in situ. Field offices shall reevaluate the
safety of such waste to determine the need for corrective measures as
necessary. Options for permanent disposal of singly contained tank
waste shall be evaluated and Include such methods as 1n-place stabili-
zation as well as retrieval and processing, as required for new and
readily retrievable waste in paragraph 3d(i).
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DOE 5820.2A
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9-26-88
CHAPTER II
MANAGEMENT OF TRANSURANIC WASTE
1. PURPOSE. To establish policies and guidelines for managing DOE transuranic
waste starting with Its generation, continuing through closure of the Waste
Isolation Pilot Plant, and finally the management of buried transuranic waste
as defined 1n Attachment 1, page 3, paragraph 22. Transuranic wastes that are
also mixed wastes are subject to the requirements of the Atomic Energy Act and
the Resource Conservation and Recovery Act. Additionally, burled transuranic
wastes are subject to the requirements of the Comprehensive Environmental
Response, Compensation, and Liability Act, and the Superfund Amendments and
Reauthorization Act.
2. POLICY. Transuranic waste shall be managed to protect the public and worker
health and safety, as well as the environment, and performed 1n compliance
with applicable radiation protection standards and environmental regulations.
Practical and cost effective methods shall be used to reduce the volume and
toxicity of transuranic waste.
a. Transuranic waste shall be certified 1n compliance with the Waste
Isolation Pilot Plant-Waste Acceptance Criteria, placed in Interim storage
(if required), and sent to the Waste Isolation Pilot Plant.
b. Transuranic waste "hat the Department of Energy has determined, with the
concurrence of the EPA Administrator, does not need the degree of
isolation provided by a geologic repository or, transuranic waste that
cannot be certified or otherwise approved for acceptance at the Waste
Isolation Pilot Plant, shall be disposed of by alternative methods.
Alternative disposal methods shall be approved by DOE Headquarters (DP-12
and EH-1) and shall comply with the National Environmental Policy Act
requirements and EPA/State regulations.
3. REQUIREMENTS.
a. Waste Classification.
(1) Any material that 1s known to be, or suspected of being contaminated
with transuranium radionuclides shall be evaluated as soon as possible
In the generating process, and determined to be either recoverable
material, transuranic waste, low-level waste, mixed waste, or non-
radioactive trash 1n order to avoid commingling the various material
streams.
(2) The lower concentration limit for transuranic waste (>100 nCi/g of
waste) shall apply to the contents of any single waste package at the
time of assay. The mass of the waste container Including shielding
shall not be used 1n calculating the specific activity of the waste.
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DOE 5820.2A
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(3) Radioactive wastes with quantities of transuranic radionuclides 1n
concentrations of 100 nC1/g of waste or less shall be considered to be
low-level waste, and shall be managed according to the requirements of
Chapter III of this Order.
(4) Mixed transuranic waste:
(a) Mixed transuranic waste meeting the requirements of the Waste
Isolation Pilot Plant-Waste Acceptance Criteria shall be sent to
the Waste Isolation Pilot Plant.
(b) The Data Package prepared by the generators for the Waste Isola-
tion Pilot Plant shall include information on the kinds and quan-
tities of hazardous components contained 1n a waste package 1n
accordance with applicable Resource Conservation and Recovery Act
regulations.
(c) The determination whether the transuranic waste exhibits any
hazardous characteristics or contains listed hazardous components
may be based on knowledge of the waste generating process when the
performance of a chemical analysis would significantly increase
the radiation hazard to personnel.
b. Transuranic Waste Generation and Treatment.
(1) Technical and administrative controls shall be directed to reducing
the gross volume of waste generated and/or the amount of radioactivity
requiring disposal. Transuranic waste reduction efforts shall be
based on the Implementation of techniques such as process modifica-
tion, process optimization, materials substitution, decontamination,
assay of suspect waste, and new technology development. Volume reduc-
tion techniques, such as Incineration, compaction, extraction, and
shredding, shall be implemented wherever cost effective and practical.
Treatment facilities shall be permitted by the appropriate regulatory
authority.
(2) Transuranic waste shall be assayed or otherwise evaluated to determine
the kinds and quantities of transuranic radionuclides present prior to
storage. Additionally, hazardous waste components shall be estimated
or analyzed, whichever 1s appropriate.
(3) Mixed transuranic waste shall be treated, where feasible and practi-
cal, to destroy the hazardous waste component.
(4) Transuranic waste that 1s classified for security reasons shall be
treated to remove or destroy the classified characterlstlc(s) prior to
certification. Declassification should be performed by the generator.
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DOE 5820.2A
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c. Transuranlc Waste Certification.
(1) Transuranlc waste shall be certified, pursuant to the Waste Isolation
Pilot Plant-Waste Acceptance Criteria, placed 1n Interim storage, and
sent to the Waste Isolation Pilot Plant when 1t becomes operational.
(2) Uncertified transuranlc waste shall not be sent to the Waste Isolation
Pilot Plant except by special permission granted 1n response to a
formal, documented request to the Waste Isolation Pilot Plant-Waste
Acceptance Criteria Certification Committee and the Waste Isolation
Pilot Plant Waste Operations.
(3) All transuranlc waste certification sites shall prepare a certifica-
tion plan which describes how the waste meets each waste acceptance
criterion described 1n the WIPP-D0E-069 (see Attachment 1, page 3,
paragraph 18).
(4) Each certification plan shall define controls and other measures to
ensure that each element of the certification plan is performed
adequately as described. Requirements for these quality assurance
activities are described 1n the WIPP-D0E-120 (see Attachment 1,
page 2, paragraph 19).
(5) Certification plans, Including associated quality assurance plans,
shall be submitted for review, comment, and approval by the Waste
Isolation Pilot Plant-Waste Acceptance Criteria Certification
Committee.
(6) The Waste Isolation Pilot Plant-Waste Acceptance Criteria
Certification Committee shall submit certification and associated
quality assurance plans to the state of New Mexico's Environmental
Evaluation Group for review and comment prior to granting formal
approval of such plans.
(7) The Environmental Evaluation Groups's comments on certification and
associated quality assurance plans shall be resolved between the
affected site and the Waste Isolation Pilot Plant-Waste Acceptance
Criteria Certification Committee prior to granting formal approval of
the plans.
(8) Approved certification and associated quality assurance plans shall be
implemented by the generating sites using specific, written opera-
tional procedures.
(9) Certification activities conducted under approved plans and procedures
shall be audited periodically, 1n accordance with a written audit
program plan on a continuing basis by the Waste Isolation Pilot Plant-
Waste Acceptance Criteria Certification Committee. An Environmental
Evaluation Group representative may accompany the Waste Isolation
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DOE 5820.2A
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Pilot Plant-Waste Acceptance Criteria Certification Committee audit
team as an observer during site audits. The Waste Isolation Pilot
Plant-Waste Acceptance Criteria Certification Committee may grant
certifying authority to the site following successful completion of an
audit.
(10) The Waste Isolation Pilot Plant-Waste Acceptance Criteria Certifica-
tion Committee shall Issue a formal audit report to the responsible
field organization following the completion of an audit. The audit
report shall describe the activities of the Waste Isolation Pilot
Plant-Waste Acceptance Criteria Certification Committee audit team and
include a record of any findings, observations, and recommendations.
Corrective actions taken as a result of a finding shall be verified on
subsequent audits. The Waste Isolation Pilot Plant-Waste Acceptance
Criteria Certification Committee shall institute a tracking system to
ensure timely resolution of findings, observations, recommendations,
and the resultant corrective actions.
(11) Failure to resolve and close out previous audit findings and recom-
mendations or sending noncomplylng waste to the Waste Isolation Pilot
Plant when judged by the Waste Acceptance Criteria Certification
Committee to be a serious violation, shall result 1n suspension of
certifying authority, pending satisfactory resolution.
d. Transuranlc Waste Packaging.
(1) Newly generated transuranlc waste shall be placed in noncombustible
packaging that meets DOT requirements.
(2) All Type A transuranlc waste containers shall be equipped with a
method to prevent pressure buildup. Acceptable pressure-relief
devices Include permeable gaskets, vent clips, and filtered vents.
(3) The waste packages shall be marked, labeled, and sealed 1n accordance
with the Waste Isolation Pilot Plant-Waste Acceptance Criteria, EPA,
and DOT requirements, as defined 1n the WIPP-D0E-069, 40 CFR 262,
Subpart C, and 49 CFR 172, Subparts 0, E, and 49 CFR 173, Subpart I,
where applicable, prior to shipping.
e. Temporary Storage at Generating Sites. The following activities shall be
performed to assure the safe storage of transuranlc wastes consistent with
the requirements of applicable Resource Conservation and Recovery Act
regulations:
(1) Transuranlc waste shall be segregated or otherwise clearly Identified
to avoid the commingling of transuranlc waste streams with high-level
waste or low-level waste.
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DOE 5820.2A
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(2) Certified transuramc waste snau not De coramngiea witn noncertlfled
transuranic waste and shall be stored 1n a manner unlikely to alter
Its certification status.
(3) Transuranlc waste 1n storage areas shall be protected from unauthor-
ized access.
(4) Transuranlc wastes 1n storage shall be monitored periodically to
ensure that the wastes are not releasing their radioactive and/or
hazardous constituents.
(5) Transuranic waste storage facilities shall be designed, constructed,
maintained, and operated to minimize the possibility of fire, explo-
sion, or accidental release of radioactive and/or hazardous components
of the waste to the environment.
(6) Facilities which store transuranlc waste shall have a contingency plan
designed to minimize the adverse impacts of fire, explosion, or acci-
dental release of hazardous components of the waste to the
environment.
(7) Transuranic waste shall be stored 1n such a way so as to maintain
radiation exposures as low as reasonably achievable.
f. Transportation/Shipping to the Waste Isolation Pilot Plant.
(1) Transuranic waste shipments shall comply with the provisions of DOE
and DOT regulations, pursuant to DOE 1540.1.
(2) Transuranic waste shipments by truck shall be by.a DOE-controlled
carrier system. All transuranlc waste shall be transported 1n certi-
fied Type B packaging.
(3) Shipping papers sfiall provide the Information required by DOT (49 CFR
172, Subpart C), the Waste Isolation Pilot Plant Data Package (WIPP-
DOE-157), and, as necessary, the manifest required by EPA (40 CFR 261,
and 262).
(4) Distribution of the shipping papers shall be as follows:
(a) Shipper - one copy (or more);
(b) Carrier - one copy; and
(c) Waste Isolation Pilot Plant - two copies.
A copy of the papers will be returned by the Waste Isolation Pilot
Plant to the shipper after emplacement of the waste at the Waste
Isolation Pilot Plant.
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DOE 5820.2A
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(5) Appropriate EPA and State authorizations/permits shall be obtained for
the transport system, as applicable.
(6) Placarding of shipments shall be carried out, as required by the
regulations of DOT (contained 1n 49 CFR 172, Subpart F).
(7) All shipments of transuranlc waste shall be 1n or on "exclusive use"
vehicles, as defined 1n 49 CFR 173. Shipments shall be made as
expeditiously as possible and shall be tracked from origin to desti-
nation using a real-time tracking communications system. Deviations
from "preferred routes," delays and other irregularities detected by
the system shall be investigated by the responsible traffic manager
and a report sent to the Waste Isolation Pilot Plant within 90 days.
(8) The Albuquerque Operations Office shall develop a transuranlc waste
transportation management and operations plan which addresses, but 1s
not limited to, the following considerations:
(a) Communication between transport vehicle and traffic management;
(b) Shipment tracking 1n transit;
(c) Security;
(d) Emergency notification/response;
(e) Shipment routing;
(f) Shipment notification as appropriate;
(g) Driver training and qualifications;
(h) Vehicle maintenance and inspection;
(i) State surveillance and Inspection; and
(j) Inspection and recertlf1cat1on of transport packaglngs.
g. Interim Storage.
(1) Interim storage sites have been designated for storage of:
(a) Waste certified by off site generators;
(b) Waste certified by on site generators;
(c) Waste certified by Interim storage personnel; and
(d) Uncertified waste received from on site and/or off site generators
that 1s awaiting processing and certification.
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OOE 5820.2A
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(2) New Interim storage facilities shall be sited, designed, constructed,
and operated consistent with the requirements of applicable Resource
Conservation and Recovery Act regulations and in a manner which
satisfactorily addresses the following considerations at a minimum:
(a) Proximity to ground water and areas of seismic activity or flood
plains shall be Identified, and potential impacts shall be
evaluated.
(b) The facility shall be designed and operated to minimize the run on
and run off of precipitation. The run off control system shall
provide for collecting and sampling run off, which may come in
contact with the waste packages, prior to releasing the water for
discharge.
(c) An environmental monitoring system shall be provided to detect any
release and migration of major radioactive and hazardous compo-
nents. Background levels of primary radioactive and hazardous
waste components shall be determined.
(d) The storage facility design shall minimize the possibility for the
unauthorized entry of persons.
(e) Incompatible wastes types shall be placed 1n separate packages and
stored in segregated areas to prevent accidental ignition or
chemical reaction.
(f) Waste storage facilities shall be designed and operated to
minimize the exposure of personnel to radiation and chemicals.
(g) The storage facility operator shall inspect or verify routinely
the condition of waste packages at the storage site for
deterioration that may threaten human health or cause release of
hazardous or radioactive components to the environment.
(h) The storage facility operator shall prepare plans that Identify
and describe how the site will be closed at the end of Its active
Hfe. These plans shall address sampling, testing, and monitoring
for major radioactive and hazardous waste components in soil and
groundwater.
(1) Sites that use underground storage tanks for the storage of
transuranlc waste shall comply with the requirements of the
Resource Conservation and Recovery Act, as applicable.
(j) Permits shall be acquired, as necessary, from appropriate regu-
latory entitles for all the Interim storage facility activities
listed above.
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DOE 5820.2A
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(3) Existing Interim storage sites shall be reviewed for consistency with
the Items In paragraph 3g(2). Any necessary corrective actions shall
be performed based on a compliance schedule approved by appropriate
regulatory authorities.
(4) Certified waste shall be stored 1n a manner unlikely to alter the cer-
tification of the waste package.
(5) Operators of Interim storage facilities shall receive data package
information (see Attachment 1, page 2, paragraphs 18 and 20) for each
waste package from the generator. The operator shall store the waste
generator's data and shall use the data to prepare a new Data Package
at the time of shipment to the Waste Isolation Pilot Plant.
(6) Certified waste from off site generators does not require additional
waste analysis or interim inspection, either upon receipt at the
storage site or at the time of shipment to the Waste Isolation Pilot
Plant. The generator of the certified waste is responsible for
describing the waste form and waste package content.
(7) Waste that has been certified by a generator and shipped to an interim
storage site shall be reshlpped to the Waste Isolation Pilot Plant by
the interim storage site in the following manner:
(a) The generator/certlfier shall be Identified as the
generator/certifier and shipping originator.
(b) The Interim storage site shall be identified as the reshlpper.
(c) The shipping originator 1s responsible for cert1f1abH1ty of the
waste form, waste package content, waste container procurement
documentation, related data Package Information, and proper
marking, labeling and placarding of the shipment. The shipping
originator 1s responsible for any problems or discrepancies
relating to the above-mentioned items that may occur during
shipment to or emplacement at the Waste Isolation Pilot Plant.
(d) The reshlpper 1s responsible for complete data package assembly,
transmittal, proper marking, labeling, placarding, verifying the
adequacy of the exterior condition of the container (e.g., no
significant deterioration, bulging) and for proper shipment
loading. The reshlpper shall perform radiation dose rate and
contamination surveys on each package. The reshlpper is responsi-
ble for any problems or discrepancies involving the Items
mentioned above.
(8) The Interim storage site 1s the shipping originator for stored waste
certified at that site. Agreements may need to be developed between
offslte waste generators and Interim storage site operators/certlfiers
to define clearly their respective responsibilities.
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DOE 5820.2A
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9-26*88
h. Waste Isolation Pilot Plant.
(1) The Waste Isolation Pilot Plant 1s a defense activity of the DOE for
the express purpose of providing a research and development facility
to demonstrate the safe disposal of radioactive wastes resulting from
defense activities.
(2) After the successful demonstration of the safe disposal of defense
transuranlc wastes, the Waste Isolation Pilot Plant will be the
planned destination for all certified contact-handled and remote-
hand led transuranic waste, Including mixed transuranlc waste.
(3) Prior to shipment of waste, the Waste Isolation Pilot Plant shall
validate the data package for that waste shipment.
(4) Upon receipt of waste. Waste Isolation Pilot Plant activities shall
Include, but not be limited to, the following:
(a) Verification of the package or assembly Identification numbers
against the Oata Package;
(b) Measurement of the external radiation dose rate of the package and
shipping container;
(c) Verification that contamination levels on the package and shipping
container surfaces are within acceptable limits; and
(d) Review and proper processing of all shipping papers and manifests.
(5) During a period of up to 5 years from the first emplacement of waste
in the Waste Isolation Pilot Plant, the waste shall be stored retriev-
ably. This phase is called the Operations Demonstration Period.
(6) The decision for or against permanent disposal will be made at the end
of the Operations Demonstration Period. If the decision 1s against
using the Waste Isolation Pilot Plant as the repository, the stored
waste shall be retrieved, repackaged, if necessary, and handled as
directed by DOE. At that time, the Waste Isolation Pilot Plant shall
be decontaminated, decommissioned, and closed, per agreement with the
State of New Mexico.
(7) If the Waste Isolation Pilot Plant 1s designated a repository, the
underground portion of the Waste Isolation Pilot Plant shall be sealed
upon completion of all planned transuranlc waste disposal activities.
Surface facilities shall be decontaminated and decommissioned, and the
Waste Isolation Pilot Plant will be closed, per agreement with the
state of New Mexico.
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DOE 5820.2A
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(8) Following closure, the salt tailings will be disposed of 1n an
environmentally acceptable manner and the site shall be returned to
its natural state. Waste burial record shall be stored securely, and
permanent markers shall be Installed to minimize the possibility of
future human intrusion.
1. Buried Transuranic-Contamlnated Waste.
(1) Alternatives for the long term management of burled transuranic-
contamlnated waste at Inactive DOE waste sites are addressed In
Attachment 1, page 3, paragraph 22. The inactive waste sites are
located at Idaho National Engineering Laboratory, Los Alamos National
Laboratory, Oak Ridge National Laboratory, Savannah River Plant, and
the Hanford Site. The program will lead to the closure of each waste
site, 1n compliance with the National Environmental Policy Act
requirements, the Comprehensive Environmental Response, Compensation,
and Liability Act, the Superfund Amendments and Reauthorization Act,
and other applicable DOE, EPA, and State requirements.
(2) Each waste site shall be characterized to include information on types
and quantities of radioactive and hazardous chemicals. This informa-
tion shall be verified by appropriate sampling/analysis/monitoring
techniques. The characterization and verification activities will
also include determination of waste migration from the burial sites
and potential environmental and health Impacts.
(3) Each DOE site will develop a closure strategy for the waste s1te(s),
utilizing the waste characterization data. Basic site-closure strat-
egies which could be a combination of (a), (b), and (c) depending on
site-specific and regulatory requirements, are as follows:
(a) Leave waste 1n place with enhanced monitoring.
(b) Leave waste in place, use enhanced confinement or 1n-situ Immobi-
lization techniques, and provide enhanced monitoring.
(c) Retrieve, process, and dispose of the transuranlc waste at the
Waste Isolation Pilot Plant.
(4) Each OOE site will develop a site closure plan, which will include, as
a minimum, the following:
(a) National Environmental Policy Act requirements;
(b) Applicable Federal, State and local- regulations (e.g., DOE, EPA,
State);
(c) Permits required;
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DOE 5820.2A
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9-26-88
(d) Selected closure strategy and justification;
(e) A waste retrieval strategy:
1 Methodology for segregating transuranic and low-level waste,
2 Identification of mixed waste components,
3 Certification of transuranic waste for disposal at the Waste
Isolation Pilot Plant,
4 Management of low-level waste and mixed waste, and
5 Plans for maintaining exposures as low as reasonably
achievable;
(f) Budget requirements by fiscal year;
(g) Schedule for closure strategy completion; and
(h) Post-closure monitoring and controls.
j. Quality Assurance. Consistent with DOE Order 5700.6B, transuranic waste
operations shall be conducted in accordance with applicable requirements
of the American National Standards Institute/American Society of Mechani-
cal Engineers Nuclear Quality Assurance-1 (see Attachment 1, page 5, para-
graph 48) and other appropriate national consensus standards.
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DOE 5820.2A
III-l
9-26-88
CHAPTER III
MANAGEMENT OF LOW-LEVEL WASTE
1. PURPOSE. To establish policies, requirements and guidelines, for managing the
Department's solid low-level waste.
2. POLICY.
a. DOE-low-level waste operations shall be managed to protect the health and
safety of the public, preserve the environment of the waste management
facilities, and ensure that no legacy requiring remedial action remains
after operations have been terminated.
b. DOE-low-level waste shall be managed on a systematic basis using the most
appropriate combination of waste generation reduction, segregation,
treatment, and disposal practices so that the radioactive components are
contained and the overall system cost effectiveness 1s maximized.
c. DOE-low-level waste shall be disposed of on the site at which it is gen-
erated, 1f practical, or if on-site disposal capability 1s not available,
at another DOE disposal facility.
d. DOE-low-level waste that contains nonradioactive hazardous waste
components (mixed waste) shall conform to the requirements of this order,
applicable EH Orders, and shall also be regulated by the appropriate
regional authorities under the Resource Conservation and Recovery Act.
3. REQUIREMENTS.
a. Performance Objectives. DOE-low-level waste that has not been disposed of
prior to issuance of this Order shall be managed on the schedule developed
1n the Implementation Plan (See page 7, paragraph 10) to accomplish the
following:
(1) Protect public health and safety 1n accordance with standards
specified 1n applicable EH Orders and other DOE Orders.
(2) Assure that external exposure to the waste and concentrations of
radioactive material which may be released into surface water, ground
water, soil, plants and animals results 1n an effective dose equiva-
lent that does not exceed 25 mrem/yr to any member of the public.
Releases to the atmosphere shall meet the requirements of 40 CFR 61.
Reasonable effort should be made to maintain releases of radioactivity
1n effluents to the general environment as low as 1s reasonably
achievable.
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OOE 5820.2A
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(3) Assure that the committed effective dose equivalents received by
individuals who Inadvertently may intrude Into the facility after the
loss of active Institutional control (100 years) will not exceed 100
mrem/yr for continuous exposure or 500 mrem for a single acute
exposure.
(4) Protect ground water resources, consistent with Federal, State and
local requirements.
b. Performance Assessment.
(1) Field organizations with disposal sites shall prepare and maintain a
site specific radiological performance assessment for the disposal of
waste for the purpose of demonstrating compliance with the performance
objectives stated in paragraph 3a.
(2) Each field organization shall, for each OOE reservation within its
cognizance, prepare and maintain an overall waste management systems
performance assessment supporting the combination of waste management
practices used 1n generation reduction, segregation, treatment, pack-
aging, storage, and disposal. Background and guidance on waste
management systems performance assessment 1s provided 1n Attachment 1,
page 3, paragraph 21.
(3) Where practical, monitoring measurements to evaluate actual and pro-
spective performance should be made at locations as required, within
and outside each facility and disposal site. Monitoring should also
be used to validate or modify the models used in performance
assessments.
c. Waste Generation.
(1) Technical and administrative controls shall be directed to reducing
the gross volume of waste generated and/or the amount of radioactivity
requiring disposal. Waste reduction efforts shall include considera-
tion of process modification, process optimization, materials substi-
tution and decontamination.
(2) Waste Generation Reduction. All DOE-low-level waste generators shall
establish audltable programs (goals, incentives, procedures, and
reports) to assure that the amount of low-level waste generated and/or
shipped for disposal is minimized.
(3) Waste Segregation. Each DOE-low-level waste generator shall separate
uncontaminated waste from low-level waste to facilitate cost effective
treatment and disposal.
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(4) Waste Minimization. Each DOE-low-level waste generator preparing a
design for a new process or process change shall Incorporate
principles Into the design that will minimize the generation of low-
level waste.
d. Waste Characterization.
(1) Low-level waste shall be characterized with sufficient accuracy to
permit proper segregation, treatment, storage, and disposal. This
characterization shall ensure that, upon generation and after pro-
cessing, the actual physical and chemical characteristics and major
radionuclide content are recorded and known during all stages of the
waste management process.
(2) Waste characterization data shall be recorded on a waste manifest, as
required by paragraph 3m, and shall Include:
(a) The physical and chemical characteristics of the waste.
(b) Volume of the waste (total of waste and any solidification or
absorbent media).
(c) Weight of the waste (total of waste and any solidification or
absorbent media).
(d) Major radionuclides and their concentrations.
(e) Packaging date, package weight, and external volume.
(3) The concentration of a radionuclide may be determined by direct
methods or by indirect methods such as use of scaling factors which
relate the inferred concentration of one radionuclide to another that
is measured, or radionuclide material accountability, if there is
reasonable assurance that the indirect methods can be correlated with
actual measurements.
e. Waste Acceptance Criteria.
(1) Waste shipped from one field organization to another for treatment,
storage or disposal shall be done 1n accordance with the requirements
established by the operations office having responsibility for
operations of the receiving facility.
(2) Waste acceptance criteria shall be established for each low-level
waste treatment, storage, and disposal facility, and submitted to the
cognizant field organization.
(3) Generators of waste shall Implement a low-level waste certification
program to provide assurance that the waste acceptance criteria for
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DOE 5820.2A
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any low-level waste treatment, storage, or disposal facility used by
the generator are met. Generators and facilities receiving the waste
are jointly responsible for assuring compliance with waste acceptance
criteria. Generators are financially responsible for actions required
due to nonconformance.
(4) Generator low-level waste certification programs shall be subject to a
periodic audit by operators of facilities to which the waste is sent
by the generator.
(5) The waste acceptance criteria for storage, treatment, or disposal
facilities shall address the following Issues:
(a) Allowable quantities/concentrations of specific radioisotopes to
be handled, processed, stored or disposed of;
(b) Criticality safety requirements (waste forms and geometries);
(c) Restrictions regarding low-level waste classified for security
reasons;
(d) External radiation and internal heat generation;
(e) Restrictions on the generation of harmful gases, vapors, or
liquids 1n waste;
(f) Chemical and structural stability of waste packages, radiation
effects, microbial activity, chemical reactions, and moisture;
(g) Restrictions for chelating and complexlng agents having the
potential for mobilizing radionuclides; and
(h) Quantity of free liquids,
f. Waste Treatment.
(1) Waste shall be treated by appropriate methods so that the disposal
site can meet the performance objectives stated 1n paragraph 3a.
(2) Waste treatment techniques such as Incineration, shredding, and com-
paction to reduce volume and provide more stable waste forms shall be
Implemented as necessary to meet performance requirements. Use of
waste treatment techniques to Increase the life of the disposal
facility and Improve long-term facility performance, by Improved site
stability and reduction of Infiltrating water, 1s required to the
extent it is cost effective.
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(3) The development of large scale waste treatment facilities shall be
supported by appropriate the National Environmental Policy Act
documentation 1n addition to the following:
(a) A document shall be prepared that analyzes waste streams needing
treatment, treatment options considered and a rationale for selec-
tion of proposed treatment processes;
(b) A construction design report including projected waste throughputs
and treatment methods, construction and operating cost estimates;
and
(c) A Safety Analysis Report.
(4) Operation of waste treatment facilities shall be supported by adequate
documentation including the following:
(a) Operation and maintenance procedures;
(b) Personnel training and qualification procedures;
(c) Monitoring and emergency response plans; and
(d) Records shall be maintained for each package of low-level waste
that enters and leaves the treatment facility.
g. Shipment.
(1) The volume of waste and.number of shipments of low-level waste shall
be minimized and the shipments will be conducted based on plans
developed by field organizations. Off site shipment of low-level
waste shall be 1n compliance with DOE 1540.1.
(2) Generators shall provide an annual forecast 1n the third quarter of
the fiscal year to the field organizations managing the off-site
disposal facility to which the waste is to be shipped.
(3) Generators must receive advance approval from the receiving facility
and shall certify prior to shipment that waste meets the receiving
facility waste acceptance criteria. The certification program shall
be audltable and able to withstand Independent review.
(4) Each package of waste must comply with the labeling requirements of
DOE 1540.1.
Long-Term Storage.
(1) Low-level waste shall be stored by appropriate methods, to achieve the
performance objectives stated 1n paragraph 3a.
h.
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DOE 5820.2A
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(2) Records shall be maintained for all low-level waste that enters and
leaves the storage facility, (see paragraph 3m).
(3) The development and operation of a waste storage facility shall be
supported by the following documentation (two or more of these may be
combined for convenience):
(a) An analysis which identifies the need for the storage facility;
(b) A Construction Design Report, including projected waste planned
for storage; construction and operating cost estimates;
(c) A Safety Analysis Report and appropriate National Environmental
Policy Act documentation; and
(d) Operational procedures and plans.
(4) Storage of waste to allow for nuclides to decay or storage of wastes
until they can be disposed of by approved methods are acceptable.
i. Disposal.
(1) Low-level waste shall be disposed of by methods appropriate to achieve
the performance objectives stated in paragraph 3a, consistent with the
disposal site radiological performance assessment 1n paragraph 3b.
(2) Engineered modifications (stabilization, packaging, burial depth,
barriers) for specific waste types and for specific waste compositions
(fission products, induced radioactivity, uranium, thorium, radium)
for each disposal site shall be developed through the performance
assessment model (see paragraph 3b(1)). In the course of this
process, site specific waste classification limits may be developed if
operationally useful in determining how specific wastes should be
stabilized and packaged for disposal.
(3) An Oversight and Peer Review Panel of DOE, contractor, and other
specialists 1n performance assessments will be selected by DP-12, with
participation by EH-1 and operations office representatives. Through
consultation and review, this panel shall ensure consistency and tech-
nical quality around the DOE complex In the development and applica-
tion of performance assessment models that Include site specific
geohydrology and waste composition.
(4) Disposition of waste designated as greater-than-class C, as defined in
10 CFR 61.55, must be handled as special cases. Olsposal systems for
such waste must be justified by a specific performance assessment
through the National Environmental Policy Act process and with the
concurrence of DP-12 for all DP-1 disposal facilities and of NE-20 for
those disposal facilities under the cognizance of NE-1.
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(5)'The following are additional disposal requirements intended either to
Improve stability of the disposal site or to facilitate handling and
provide protection of the health and safety of personnel at the dispo-
sal site:
(a) Waste must not be packaged for disposal 1n cardboard or fiberboard
boxes, unless such boxes meet OOT requirements and contain stabi-
lized waste with a minimum of void space. For all types of con-
tainers, void spaces within the waste and between the waste and
Its packaging shall be reduced as much as practical.
(b) Liquid wastes, or wastes containing free liquid, must be converted
Into a form that contains as little freestanding and noncorrosive
liquid as 1s reasonably achievable, but, in no case, shall the
liquid exceed 1 percent of the vclume of the waste when the waste
is in a disposal container, or 0.5 percent of the volume of the
waste processed to a stable form.
(c) Waste must not be readiVy capable of detonation or of explosive
decomposition or reaction at normal pressures and temperatures, or
of explosive reaction with water.
(d) Waste must not contain, or be capable of generating, quantities of
toxic gases, vapors, or fumes harmful to persons transporting,
handling, or disposing of the waste. This does not apply to
radioactive gaseous waste packaged as identified 1n paragraph
31 (5)(e).
(e) Waste 1n a gaseous form must be packaged at a pressure that does
not exceed 1.5 atmospheres at 20°C.
(f) Waste must not be pyrophoric. Pyrophoric materials contained 1n
waste shall be treated, prepared, and packaged to be nonflammable.
(6) Waste containing amounts of radionuclides below regulatory concern, as
defined by Federal regulations, may be disposed without regard to
radioactivity content.
(7) Disposal Site Selection,
(a) Disposal site selection criteria (based on planned waste confine-
ment technology) shall be developed for establishing new low-level
waste disposal sites.
(b) Disposal site selection shall be based on an evaluation of the
prospective site in conjunction with planned waste confinement
technology, and 1n accordance with the the National Environmental
Policy Act process.
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(c) The disposal site shall have hydrogeologlc characteristics which,
1n conjunction with the planned waste confinement technology, will
protect the groundwater resource.
(d) The potential for natural hazards such as floods, erosion, torna-
does, earthquakes, and volcanoes shall be considered 1n site
selection.
(e) Site selection criteria shall address the Impact on current and
projected populations, land use resource development plans and
nearby public facilities, accessibility to transportation routes
and utilities, and the location of waste generation.
(8) Disposal Facility and Disposal Site Design.
(a) Design criteria shall be established prior to selection of new
disposal facilities, new disposal sites, or both. These design
criteria shall be based on analyses of physiographic, environ-
mental, and hydrogeologlcal data to assure that the policy and
requirements of this Order can be met. The criteria shall be also
based on assessments of projected waste volumes, waste character-
istics, and facility and disposal site performance.
(b) Disposal units shall be designed consistent with disposal site
hydrology, geology, and waste characteristics and 1n accordance
with the National Environmental Policy Act process.
(9) Disposal Facility Operations.
(a) Field organizations shall develop and Implement operating pro-
cedures for low-level waste disposal facilities that protect the
environment, health and safety of the public, and facility person-
nel; ensure the security of the facility; minimize the need for
long-term control; and meet the requirements of the closure/post-
closure plan.
(b) Permanent Identification markers for disposal excavations and
monitoring wells shall be emplaced.
(c) Operating procedures shall Include training for disposal facility
operating personnel, emergency response plans, and a system of
reporting unusual occurrences according to DOE 5000.3.
(d) Waste placement into disposal units should minimize voids between
containers.
(e) Operations are to be conducted so that active waste disposal
operations will not have an adverse effect on filled disposal
units.
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j. Disposal Site Closure/Post Closure.
(1) Field organizations shall develop s1te-spec1f1c comprehensive closure
plans for new and existing operating low level waste disposal sites.
The plan shall address closure of disposal sites within a 5-year
period after each 1s filled and shall conform to the requirements of
the National Environmental Policy Act process. Performance objectives
for existing disposal sites shall be developed on a case-by-case basis
as part of the National Environmental Policy Act process.
(2) During closure and post closure, residual radioactivity levels for
surface soils shall comply with existing DOE decommissioning
guidelines.
(3) Corrective measures shall be applied to new disposal sites or individ-
ual disposal units 1f conditions occur or are forecasted that could
jeopardize attainment of the performance objectives of this Order.
(4) Inactive disposal facilities, disposal sites, and disposal units shall
be managed 1n conformance with the Resource Conservation and Recovery
Act, the Comprehensive Environmental Response, Compensation, and
Liability Act, and the Superfund Amendments and Reauthorization Act,
or, 1f mixed waste 1s involved, may be Included in permit applications
for operation of contiguous disposal facilities.
(5) Closure plans for new and existing operating low-level waste disposal
facilities shall be reviewed and approved by the appropriate field
organization.
(6) Termination of monitoring and maintenance activity at closed facili-
ties or sites shall be based on an analysis of site performance at the
end of the Institutional control period.
k. Environmental Monitoring.
(1) Each operational or non-operational low-level waste treatment,
storage, and disposal facility shall be monitored by an environmental
monitoring program that conforms with DOE 5484.1 and, at a minimum,
meet the requirements of paragraph 3K(2) through 3K(4).
(2) The environmental wonltorlng program shall be designed to measure:
(a) operational effluent releases; (b) migration of radionuclides;
(c) disposal unit subsidence; and (d) changes in disposal facility and
disposal site parameters which may affect long-term site performance.
(3) Based on the characteristics of the facility being monitored, the
environmental monitoring program may include, but not necessarily be
limited to, monitoring surface soil, air, surface water, and, in the
subsurface, soil and water, both 1n the saturated and the unsaturated
zones.
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(4) The monitoring program shall be capable of detecting changing trends
in performance sufficiently in advance to allow application of any
necessary corrective action prior to exceeding performance objectives.
The monitoring program shall be able to ascertain whether or not
effluents from each treatment, storage, or disposal facility or
disposal site meet the requirements of applicable EH Orders.
1. Quality Assurance. Consistent with DOE 5700.6B, the low-level waste
operational and disposal practices shall be conducted 1n accordance with
applicable requirements of American National Standards Institute/American
Society of Mechanical Engineers Nuclear Quality Assurance-1 (See Attach-
ment 1, page 5, paragraph 48) and other appropriate national consensus
standards.
m. Records and Reports.
(1) Each field organization shall develop and maintain a record keeping
system that records the following: a historical record of waste
generated, treated, stored, shipped, disposed of, or both, at the
facilities under its cognizance. The data maintained shall include
all data necessary to show that the waste was properly classified,
treated, stored, shipped, and/or disposed of. The data maintained 1n
the system shall be based on the data recorded on waste manifests.
(2) Waste Manifest. Records shall be kept and accompany each waste
package from generator through final disposal. The manifest shall
contain data necessary to document the proper classification, and
assist in determining proper treatment, storage, and disposal of the
waste. Waste manifests will be kept as permanent records. At a
minimum, the following data will be included:
(a) Waste physical and chemical characteristics,
(b) Quantity of each major radionuclide present,
(c) Weight of the waste (total of waste and any solidification or
absorbent media),
(d) Volume of the waste (total of waste and any solidification or
absorbent media), and
(e) Other data necessary to demonstrate compliance with waste
acceptance criteria.
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CHAPTER IV
MANAGEMENT OF WASTE CONTAINING AEA lle(2^ BYPRODUCT MATERIAL AND NATURALLY
OCCURRING AND ACCELERATOR PRODUCED RADIOACTIVE MATERIAL
1. PURPOSE. To establish policies and guidelines for managing DOE waste con-
taining byproduct material, as defined by section lle(2) of the Atomic Energy
Act of 1954, as amended, and Naturally Occurring and Accelerator Produced
Radioactive Material.
2. POLICY. DOE waste containing naturally occurring and accelerator produced
radioactive material or byproduct material as defined by section 1le(2) of the
Atomic Energy Act, as amended, or similarly contaminated residues derived from
DOE remedial actions, shall be stored, stabilized 1n-place, and/or disposed of
consistent with the requirements of the residual radioactive material guide-
lines contained 1n 40 CFR 192. Small volumes of DOE waste containing lle(2)
byproduct material or naturally occurring and accelerator produced radioactive
material may be managed as low-level waste 1n accordance with the requirements
of Chapter III of this Order. If the waste Is classified as mixed waste,
management also must be 1n compliance with the requirements of the Resource
Conservation and Recovery Act.
3. REQUIREMENTS.
a. Waste Management.
(1) Waste covered under this chapter 1n quantities too large for
acceptance at DOE low-level waste disposal sites shall be managed
according to the requirements of 40 CFR 192, and disposed of at
specially designated DOE sites or tailing disposal sites established
under the Uranium Mill Tailings Radiation Control Act of 1978 (Public
Law 95-604). These disposal sites should be Identified and developed
as needed 1n support of DOE remedial actions, and will normally be
located in the State 1n which the wastes are generated.
(2) With the approval of the appropriate field organization, small volumes
of 11(e) byproduct material and naturally occurring and accelerator
produced radioactive material waste may be disposed of at DOE low-
level waste sites in accordance with the requirements of Chapter III
of this Order.
(3) All DOE waste containing:
(a) Naturally occurring and accelerator produced radioactive material
mixed with the Resource Conservation and Recovery Act hazardous
chemicals shall be managed as hazardous waste under the Resource
Conservation and Recovery Act.
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DOE 5820.2A
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(b) Byproduct lle(2) (or a combination of lle(2) byproduct and natu-
rally occurring and accelerator produced radioactive material)
mixed with the Resource Conservation and Recovery Act hazardous
chemicals, shall be managed consistent with both the Resource Con-
servation and Recovery Act and 40 CFR Part 192.
b. Quality Assurance. Consistent with DOE 5700.6B, waste management prac-
tices shall be conducted in accordance with applicable requirements of
American National Standards Institute/American Society of Mechanical
Engineers Nuclear Quality Assurance-1 (reference 48) and other appropriate
national consensus standards.
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CHAPTER V
DECOMMISSIONING OF RADIOACTIVELY CONTAMINATED FACILITIES
1. PURPOSE. To establish policies and guidelines for the management, decon-
tamination, and decommissioning of radioactively contaminated facilities under
DOE ownership or control.
2. POLICY. Radioactively contaminated facilities for which DOE is responsible
shall be managed in a safe, cost-effective manner to assure that release of,
and exposure to, radioactivity and other hazardous materials comply with
Federal and State standards. Facilities, equipment, and valuable materials
shall be recovered and reused when practical.
3. REQUIREMENTS. DOE organizations shall develop and document their programs to
provide for the surveillance, maintenance, and decommissioning of contaminated
facilities. The decommissioning programs shall be implemented as follows:
a. General.
(1) Each field organization shall prepare and maintain a complete list of
contaminated facilities both operational and excess under its juris-
diction. A continuous record of jurisdictional program responsibility
for all contaminated facilities shall be maintained by the cognizant
field organization for use 1n assigning decommissioning
responsibility.
(2) Operational records (e.g., facility design drawings and modifications,
characterization data on contamination levels, prior decontamination
activities, and incident reports required by DOE Orders) for all
contaminated facilities shall be maintained by the cognizant field
organization for use 1n preparing decommissioning plans.
(3) Planning for facility decommissioning shall be Initiated during the
design phase for new facilities and prior to termination of operations
for existing operational facilities. Such plans shall consider the
2-year budget cycle to assure adequate funding availability.
(4) Program offices shall be responsible for placing the facility 1n a
safe storage condition, providing surveillance and maintenance, and
decommissioning the facilities under their jurisdiction when they
become excess to programmatic needs, or for finding another program-
matic sponsor for them. For multiple user facilities, the program
office shall determine decommissioning liability for user program
offices based on each program's overall contribution to the contami-
nation or some other mutually acceptable basis. This cost sharing
formula may be applied when the facility 1s placed 1n safe storage or
during surveillance and maintenance, when appropriate.
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DOE 5820.2A
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(5) Responsibility for contaminated facilities may be transferred from one
program organization to another by mutual agreement of the programs
involved. The program organization to which a facility is transferred
shall accept full responsibility for surveillance, maintenance, and
decommissioning of the facility according to the requirements of this
Order. Agreements to transfer facilities for functional purposes
shall be in writing and shall identify explicitly the concurrent
transfer of responsibility for surveillance, maintenance, and
decommissioning.
(6) The OP and NE decommissioning programs exist for the primary purpose
of managing and decommissioning the contaminated facilities currently
assigned to them. Other contaminated facilities that have no pro-
grammatic sponsor, or that are excess to program needs and have a
current sponsor, shall be assigned to the OP and NE programs for
management and decommissioning with the approval of the program
secretarial officers involved or their designees.
(7) Decommissioning expertise gained by DOE and its contractors 1s avail-
able at most major OOE facilities, and should be utilized by DOE
programs. A computerized Decommissioning Technology data base 1s
maintained at the Richland Operations Office. Published reports on
nuclear facility decommissioning may be obtained from the Remedial
Action Program Information Center at Oak Ridge National Laboratory.
b. Facility Design. Facilities in which radioactive or other hazardous
materials are utilized shall be designed to simplify decontamination and
decommissioning and/or increase the potential for reuse. Features and
procedures that simplify and facilitate decommissioning shall be identi-
fied during the planning and design phase based upon a proposed decom-
missioning method or conversion to other use. Examples of features to be
incorporated are Identified 1n DOE 6430.1.
c. Post-Operational Activities.
(1) DOE Program organizations shall identify contaminated facilities under
their jurisdiction, document the potential for reuse and recovery of
materials and equipment, and develop schedules for decommissioning
them. Projects consisting of one or more facilities shall be identi-
fied as appropriate, and priorities shall be developed based on:
(a) Maintaining employee and public health and safety,
(b) Protection of the environment,
(c) Compliance with the National Environmental Policy Act, the
Resource Conservation and Recovery Act, the Comprehensive
Environmental Response, Compensation, and Liability Act,
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the Superfund Amendments and Reauthorization Act, and other
contractual or legal requirements,
(d) Cost effective program management (e.g., maintaining manpower
pools, selecting economical decommissioning alternatives), and
(e) Future site plans.
(2) Program organizations shall assure that, prior to initiation of
decommissioning activities, adequate surveillance and maintenance is
performed for their surplus facilities to meet applicable radiation
protection (DOE 5480.IB), hazardous chemical and safety standards, to
maintain physical safety and security, and to reduce potential public
and environmental hazards. All high-level waste and stored hazardous
materials should be removed by the operator as part of the last
operational activities prior to entering into the decommissioning
phase.
d. Decommissioning Project Activities.
(1) Characterization. Baseline data for each project shall be collected
to support a thorough physical, chemical, and radiological charac-
terization to fulfill the requirements of the National Environmental
Policy Act reviews, the Resource Conservation and Recovery Act, and
the Comprehensive Environmental Response, Compensation, and Liability
Act, the Superfund Amendments and Reauthorization Act preliminary
assessment/site Investigations, and detailed engineering. The base-
line data shall include:
(a) Drawings, photographs, and other records reflecting the as-built
and as-modified condition of the facility and grounds;
(b) The condition of all structures, existing protective barriers, and
systems installed to ensure public, occupational, and environ-
mental safety;
(c) The type, form, quantity, and location of hazardous chemical and
radioactive material from past operations at the site; and
(d) Information on factors that could influence the selection of
decommissioning alternatives (safe storage, entombment, dismantle-
ment) such as potential future use, long-range site plans required
by DOE 4300.IB, facility condition, and potential health, safety,
and environmental hazards.
(2) Environmental Review Process. The Comprehensive Environmental
Response, Compensation, and Liability Act, the Superfund Amendments
and Reauthorization Act and/or the Resource Conservation and Recovery
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DOE 5820.2A
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Act status of each project shall be Identified and a remedial investi-
gation/feasibility study performed if required. Based on the results
of the remedial Investigation/feasibility study and any additional
data deemed necessary by the responsible field organization, an appro-
priate environmental review shall be performed according to the
requirements of the National Environmental Policy Act, the Resource
Conservation and Recovery Act, the Comprehensive Environmental
Response, Compensation, and Liability Act, and the Superfund Amend-
ments and Reauthorization Act. Candidate-decommissioning alternatives
shall be identified, assessed, and evaluated, and a preferred decom-
missioning alternative selected based on the results of the environ-
mental review.
(3) Engineering. Technical engineering planning for each project shall be
conducted during the environmental review process to assure that
alternative actions and associated environmental Issues are identified
and assessed, and to support preparation of environmental documenta-
tion. Detailed engineering will be Initiated after a preferred
alternative 1s selected. A Decommissioning Project Plan shall be
prepared for approval by the appropriate program office in compliance
with 00E 4700.1. The Plan shall Include the following:
(a) Physical, chemical, and radiological characterlzatlonal data or
references to such data;
(b) A summary evaluation of decommissioning alternatives for the
facility including the preferred alternative;
(c) Plans for meeting requirements from the environmental review
process (National Environmental Policy Act, the Resource
Conservation and Recovery Act, the Comprehensive Environmental
Response, Compensation, and Liability Act, and the Superfund
Amendments and Reauthorization Act) and all necessary permits;
(d) Radiological criteria to be used (modifications, 1f any, to
guidance presented 1n applicable EH Orders must be approved by the
Headquarters program organization and EH-1);
(e) Projections of occupational exposure;
(f) Estimated quantities of radioactive waste to be generated; and
(g) Detailed administrative, cost, schedule, and management
information.
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DOE 5820.2A
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(4) Decommissioning Operations.
(a) The decommissioning project shall be conducted in accordance with
guidance from Headquarters program offices and the Decommissioning
Project Plan. Significant deviations shall be approved by the
responsible field organization in consultation with the
appropriate program office.
(b) Approval of MA-22 (Office of Project and Facilities Management)
shall be obtained before initiating activities to demolish a DOE -
owned facility, per the requirements of DOE 4300.IB.
(c) Status reports on project activities shall be prepared in
accordance with the requirements of DOE 1332.1A or 4700.1, as
appropriate.
(d) Information on waste generation shall be provided to the
Integrated Data Base Program, as required.
(e) Decommissioning operations shall be considered a waste generator
and shall meet generator requirements contained in the previous
chapters of this Order.
(5) Post Decommissioning Activities.
(a) After decommissioning operations have been completed, a final
radiological and chemical survey report' (or an Independent
verification survey report, at remote sites) and a project final
report shall be prepared. The final report shall Include a
description of the project, the final status of the property, and
the lessons learned from the project.
(b) The responsible field organization shall compile a Project Data
Package consisting of, as a minimum: the Record of Completion;
the final radiological and chemical survey report; the Project
Final Report; and for remote sites, an independent verification
survey report, Certification Docket, and appropriate public
notices. The Project Data Package shall be retained permanently
1n the field organization archives.
(c) The responsible program organization shall assure that any
necessary long-term maintenance and surveillance or other safety
controls are provided for the decotranissloned property.
(d) The decommissioned property may be released from DOE ownership
according to the requirements of DOE 4300.IB, 1f the responsible
program organization, 1n consultation with the Office of the
Assistant Secretary EH-1, certifies that the property meets
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OOE 5820.2A
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applicable release criteria for residual radioactivity and hazard-
ous chemicals, and the property is identified properly by notation
In the legal land records of the local government entity.
(e) The decommissioned property may be reused for other program
activities that may or may not involve radioactivity or hazardous
chemicals. If appropriate release criteria are not met, the
property may be reused for other program activities that may or
may not involve radioactivity or hazardous chemicals provided that
adequate safety controls are maintained.
Quality Assurance. Consistent with DOE 5700.6Bt waste management
practices shall be conducted 1n accordance with applicable requirements of
American National Standards Institute/American Society of Mechanical
Engineers Nuclear Quality Assurance-1 (Attachment 1, page 5, paragraph 48)
and other appropriate national consensus standards.
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CHAPTER VI
WASTE MANAGEMENT PLAN OUTLINE
1. PURPOSE. To provide guidance on the development and maintenance of a waste
management plan for each site that generates, treats, stores, or disposes of
DOE waste.
2. DISCUSSION. The Order for radioactive waste management emphasizes accountable
operational requirements set forth in a prescriptive style. Each site that
generates, treats, stores, or disposes of DOE radioactive waste, or decom-
missions contaminated facilities, is responsible for complying with these
requirements 1n terms of how operations are conducted and how these activities
are documented. The documentation serves as the written word that the actual
operations are being conducted within the framework of the Order.
The primary purpose of the Waste Management Plan is to compile and consolidate
an annual report on how waste management operations are conducted, what facil-
ities are being used to manage wastes, what forces are acting to change
current waste management systems, and what plans are in store for the coming
fiscal year. The scope of the plan includes the management of both radio-
active and hazardous constituents 1n the Department's waste, whether these are
separated or mixed. The body of the Waste Management Plan should not include
descriptions of Environmental Restoration activities, as this Information is
provided under a separate program. However, several documents prepared with
Environmental Restoration funding may be cited in Attachment VI-1 to the Waste
Management Plan; this preserves consistency in accounting for documentation.
Also, the Waste Management Plan Includes the management of the DOE's liquid
low-level waste which 1s not governed specifically by this Order.
The waste management plan provides a vehicle to report current waste manage-
ment practices and plans for the coming year. It serves as the core document
1n the site's waste management operations and should reference supporting
documentation as appropriate. The attachment to the Waste Management plan
allows sites to account for major documentation as required by the Order.
3. FORMAT FOR WASTE MANAGEMENT PLANS.
a. Executive Summary. An Executive Summary 1s mandatory for each Waste
Management Plan.
(1) As a rule of thumb, limit the length of the executive summary to
10 percent or less of the length of the Waste Management Plan.
Summarize the past year in waste management including the principal
regulatory/environmental issues and the degree to which planned
activities were accomplished.
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DOE 5820.2A
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(2) Provide a forecast of the coming year and discuss project startups,
facility modifIcations, regulatory Issues, and the waste management
budget.
b. General Site Information.
(1) Organization and Administration. Indicate the DOE field organiza-
tion(s) and contractor(s) responsible for managing waste treatment,
storage and disposal operations; discuss approval authorities, and
clarify DOE/contractor interfaces. Include relationships between
contractor's operations if multiple contractors are Involved.
(a) Use charts to enhance text descriptions of organizational struc-
ture. Describe lead responsibilities of functional groups
including the organization responsible for preparing this plan.
(b) Show the relationships, 1n a separate section, between documents
that guide and support the waste management program at the site.
Identify the organization responsible for maintaining up-to-date
copies of all reference documents at the field organization level.
(2) Site Description. Include a brief description of site location,
demography size, geographic features, climate, geologic and hydro-
geologic conditions, and primary mission where waste management
operations are conducted.
c. Radioactive and Mixed Waste Management. This section of the plan
describes radioactive and mixed waste management operations at the site
and Includes descriptions of the waste management systems and facilities,
the characteristics of wastes managed, and discussion of the problems,
recommendations, and the future direction of the site operations. The
top-level divisions of this section should be by waste type; I.e., high-
level, transuranlc, and low-level. These categories should be subdivided
further by waste phase, liquid, solid, or gaseous (where appropriate).
(1) System and Facility Descriptions.
(a) Overview. For each of the categories of waste provide an overview
of the systems that treat, store, and dispose of these wastes.
Use flowcharts to Indicate waste sources, intermediate processing
steps, and ultimate disposition of waste streams. Identify which
waste streams are classified as mixed waste.
(b) Facility Descriptions. Identify the facilities that comprise the
waste management systems according to waste type and waste phase
and describe the facilities 1n the following order: Treatment
Facilities; Storage Facilities; and Disposal Facilities. Oetalled
descriptions of facility operations are not required, but enough
explanation should be given to support the discussion of planned
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activities. Examples of appropriate Information Include location
maps, radiological and chemical characteristics of waste treated/
stored/disposed, facility operating parameters, unique or special
equipment used, and status of permitting activities. Include
facility layout drawings and flow sheets where appropriate.
(2) Current and Future Plans. This section is used to document the plan-
ning efforts at the site and Indicate the direction of radioactive and
mixed waste management activities. It should be organized to reflect
s1te-spec1f1c situations. In general, 1t should: define problems
with, and/or new requirements for, waste management systems; cite
specific recommendations and strategy for making Improvements;
Identify actions to achieve compliance with regulations; and discuss
plans to modify current waste management systems such as construction
of new facilities, plant upgrades, facility decommissioning/closure.
Remedial actions should Indicate how the findings of system
performance assessments were factored into recommendations and plans.
They should clearly Indicate the driving forces behind their stated
plans, such as: to achieve disposal of waste currently in storage; to
enhance systems performance; to meet regulatory requirements; and to
Increase worker protection/safety.
(3) Implementation Requirements. This section 1s used to document the
Implementation status by updating the "Implementation Summary Table"
from the Implementation Plan. It should present these data 1n similar
tabular format. It should also report progress realized during the
past year, remaining actions to complete, remaining costs, and
estimated completion dates. In addition 1t should indicate any
variances from original cost and schedule projections 1n the
Implementation Plan, and discuss reasons for variances.
d. Hazardous Waste Management (DP Facilities).
(1) System and Facility Descriptions.
(a) Overview. Provide an overview of the system used to treat, store,
and dispose of hazardous wastes at the site. Use flow sheets and
location maps where appropriate.
(b) Facility Description. Organize according to treatment facilities,
storage facilities, and disposal. Describe the combination of
facilities used to manage hazardous wastes at the site and include
a discussion of current methods of disposal. Indicate the kinds
of hazardous wastes generated and their sources. (Facility
drawings and location maps should be Included as appropriate.)
Indicate status of permitting activities and other actions to
achieve compliance with the Resource Conservation and Recovery Act
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and the Comprehensive Environmental Response, Compensation, and
Liability Act, and the Superfund Amendments and Reauthorization
Act.
(2) Current and Future Plans. Indicate recent and planned changes 1n
waste management practice as well as actions to minimize hazardous
waste generation; e.g., materials substitution and treatment to render
waste nonhazardous. Identify plans for new facility construction,
modifications, upgrades, or closures.
e. Schedule and Cost Summary. Show current FY costs and operational schedule
for the waste management program. In a separate set of tables, show a
5-year (FY + 4) cost and schedule projection and indicate major milestones
to be accomplished during that period.
f. Environmental Monitoring Programs. Describe the status of environmental
monitoring that supports waste management operations, with discussion of
monitoring installations, media sampled, and constituents analyzed. (This
section of the plan should focus on the environmental monitoring systems
installed to meet regulatory compliance at the individual waste management
facilities. It is not necessary to describe the site-wide monitoring
program that reports directly to EH.) Provide descriptions of planned
system upgrades and modifications and key these to applicable discussions
in paragraphs 3c and d. Include facility maps where appropriate.
g. Related Subjects. Use this section to report on related topics of signi-
ficant interest to waste management planning efforts at the site.
Examples include preparation/review of major National Environmental Policy
Act documentation; personnel training; quality assurance; technology
demonstrations; and decommissioning projects.
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Attachment VI-1
Page 5
WASTE MANAGEMENT DOCUMENTATION REQUIREMENTS
DISCUSSION. To identify principal documentation requirements as identified, sites
are required to list and describe (where appropriate) the waste management docu-
mentation Indicated below. Each of the following paragraphs refer to specific
sections of this Order that require the preparation of waste management documenta-
tion. Reporting 1s limited to documents Issued 1n the previous FY, unless the
most recent revision of an existing document was Issued earlier. Where possible,
this Attachment should retain a standard bibliographical format.
(1) Chapter I - Hiqh-Level Waste,
(a) Paragraph 3a. List titles and dates of issue of Safety Analysis
Reports. Forecast schedule for preparation and Issue date of planned
Safety Analysis Reports.
(b) Paragraph 3b(3)(c). List titles and dates of documents supporting the
periodic assessment of waste storage tank integrity.
(c) Paragraph 3b(4). Cite documentation of contingency actions of the
past year. List schedule for completion of corrective actions.
(2) Chapter II - Transuranic Waste.
(a) Paragraph 3c(3h Cite the Transuranic Waste Certification Plan and
date of issue. If not issued, give schedule for preparation.
(b) Paragraph 3q(2Hh). Cite the closure plan for interim storage
facilities. If not issued, give schedule for preparation.
(c) Paragraph 3(1). Index major documentation developed under the Buried
Transuranic - Contaminated Waste Program. Show schedule for prepara-
tion of documents 1n the current fiscal year.
(3) Chapter III - Low-Level Waste.
(a) Paragraph 3b(l). Cite documentation on radiological performance
assessment of disposal facilities. If not issued, provide schedule
for preparation 1n paragraph 3 of the Waste Management Plan.
(b) Paragraph 3e(l). Cite Waste Acceptance Criteria for each low-level
waste treatment storage and disposal facility. List anticipated
additions to this 11st for the current fiscal year.
(c) Paragraph 3e(3). Report the status of audits of certification activi-
ties by operators of disposal facilities. Report status of follow-up
reports.
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Attachment VI-1
Page 6
OOE 5820.2A
9-26-88
(d) Paragraph 3q(2). List document(s) forecasting waste to be shipped by
generators to off-site disposal facilities.
(e) Paragraph 31(4)(d). List reports justifying on-site disposal of waste
exceeding Class C limits. Such disposal cases anticipated for the
next year should be forecast.
(f) Paragraph 31(8). Cite major National Environmental Policy Act
documentation (e.g., Environmental Impact Statement, Environmental
Assessment) supporting selection of any new disposal sites. Give
schedule of preparation for appropriate documentation for the next
year.
(g) Paragraph 3j(l). Cite closure plans for low-level waste disposal
sites and dates of issue. Give schedule of preparation for antici-
pated reports.
(4) Decommissioning of Radioactively Contaminated Facilities.
(a) Paragraphs 3a(l). Cite field organization documentation where the
complete listing and the jurisdictional program responsibility for all
contaminated facilities is recorded.
(b) Paragraph 3c(1). Cite the post-operational documentation that records
the potential for reuse and recovery of materials and equipment and
the schedule for decommissioning contaminated facilities.
(c) Paragraph 3d(3). List Decommissioning Project Plans and dates of
Issue. Show a schedule for preparation of Plans 1n the current fiscal
year.
(d) Paragraph 3d(5). List final radiological and chemical survey reports
and project final reports, and show dates of Issue. Show anticipated
additions to this 11st for the coming year.
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U.S. Department of Energy
Washington, D.C.
ORDER
DOE 5400.1
11-9-88
SUBJECT: GENERAL ENVIRONMENTAL PROTECTION PROGRAM
1. PURPOSE. To establish environmental protection program requirements,
authorities, and responsibilities for Department of Energy (DOE) operations
for assuring compliance with applicable Federal, State and local
environmental protection laws and regulations, Executive orders, and
internal Department policies. The Order more specifically defines
environmental protection requirements that are generally established in DOE
5480.IB.
2. SUPERSESSION. DOE 5480.1A, ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
PROTECTION PROGRAM FOR DOE OPERATIONS, of 8-13-81, Chapter XII, Prevention,
Control, and Abatement of Environmental Pollution.
3. SCOPE. The provisions of this Order apply to all Departmental elements and
contractors performing work for the Department as provided by law and/or
contract as implemented by the appropriate contracting officer.
4. REFERENCES.
a. DOE Orders.
(1) DOE 4300.IB, REAL PROPERTY AND SITE DEVELOPMENT PLANNING, of
7-1-87, which establishes requirements for preparing site
development plans for DOE facilities.
(2) DOE 4700.1, PROJECT MANAGEMENT. SYSTEM, of 3-6-87, which
establishes requirements and objectives, and assigns
responsibilities and authorities necessary for acquisition of
major systems.
(3) DOE 5000.3, UNUSUAL OCCURRENCE REPORTING SYSTEM, of 11-7-84, whicn
establishes DOE policy and provides instructions for reporting,
analyzing, and disseminating information on programmatically
significant events.
(4) DOE 5400.2, ENVIRONMENTAL COMPLIANCE ISSUE COORDINATION, of
8-13-87, which sets forth policy, direction, and procedures for
coordinating environmental issues that are of significance to DOE.
(5) DOE Orders in the 5400 series dealing with radiation protection
of the public and the environment.
DISTRIBUTION:
All Departmental Elements
INITIATED BY
Office of Environment,
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DOE 5400.1
11-9-88
(6) DOE 5440.1C» NATIONAL ENVIRONMENTAL POLICY ACT, of 4-9-85, which
establishes DOE policy for implementation of the National
Environmental Policy Act of 1969.
(7) DOE 5480.IB, ENVIRONMENT, SAFETY, AND HEALTH PROGRAM FOR
DEPARTMENT OF ENERGY OPERATIONS, of 9-23-86, which outlines
environmental protection, safety, and health protection policies
and responsibilities.
(8) DOE 5482.IB, ENVIRONMENT, SAFETY AND HEALTH APPRAISAL PROGRAM, of
9-23-86, which establishes the DOE environmental protection,
safety, and health protection appraisal program.
(9) DOE 5484.1, ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
PROTECTION INFORMATION REPORTING REQUIREMENTS, of 2-24-81, which
establishes the requirements and procedures for reporting and
investigating matters of environmental protection, safety, and
health protection significance to DOE operations.
(10) DOE 5500.1A, EMERGENCY MANAGEMENT SYSTEM, of 2-26-87, which
establishes overall policies and requirements for DOE emergency
preparedness and response programs.
(11) DOE 5700.6B, QUALITY ASSURANCE, of 9-23-86, which'establishes
DOE's quality assurance program.
(12) DOE 5820.2, RADIOACTIVE WASTE MANAGEMENT, of 2-6-84, which
establishes policies and guidelines for the management of
radioactive waste and contaminated facilities.
(13) DOE 6430.1, GENERAL DESIGN CRITERIA, of 12-12-83, which provides
general design criteria for use in acquisition of DOE facilities.
b. Leoislation.
(1) Title 42 U.S.C. 2011, et sea.. The Atomic Energy Act of 1954, as
amended, which authorizes the conduct of atomic energy activities.
(2) Title 42 U.S.C. 7101, et seo.. The Department of Energy
Organization Act, which establishes the statutory responsibility
to ensure incorporation of national environmental protection goals
in the formulation of energy programs, and advance the goal of
restoring, protection, and enhancing environmental quality, and
assuring public health and safety.
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DOE 5400.1
11-9-88
3
(3) Title 42, U.S.C. 4321, et seo.. The National Environmental Policy
Act of 1969, as amended, which establishes broad national
environmental policy.
(4) Title 42 U.S.C. 7401, et sea.. The Clean Air Act, as amended,
which provides requirements to protect and enhance the quality of
the Nation's air resources to promote the public health and
welfare.
(5) Title 33 U.S.C. 1251, et S£a.. The Federal Water Pollution Control
Act, as amended, which provides requirements to restore and
maintain the chemical, physical, and biological integrity of the
Nation's waters.
(6) Title 42 U.S.C. 6901, et seo.. Solid Waste Disposal Act of 1965,
as amended, which authorizes the U.S. Environmental Protection
Agency (EPA) to regulate hazardous and solid wastes.
(7) Title 40 U.S.C. 9601, et seo.. The Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
which requires the identification, characterization, and cleanup
of inactive hazardous waste sites by responsible parties; and,
imposes certain response and reporting requirements for operations
from which hazardous substances have been¦released.
(8) Title 42 U.S.C. 300, et seo.. The Safe Drinking Water Act, as
amended, which authorizes EPA to promulgate regulations under two
specific programs: the first protects the Nation's public
drinking water supplies; the second protects subsurface waters.
(9) Title 16 U.S.C. 1451, et seo.. The Coastal Zone Management Act of
1972, as amended, which establishes and supports national coastal
zone management policies.
(10) Title 16 U.S.C. 1531, et seo.. The Endangered Species Act of 1973,
as amended, which establishes a program for the conservation of
endangered species and their ecosystems.
(11) Title 16 U.S.C. 661, et seo.. The Fish and Wildlife Coordination
Act, as amended, which authorizes the Secretary of the Interior to
provide assistance to and cooperate with public and private
organizations in the development and protection of the Nation's
fish and wild!ife.
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DOE 5400.1
11-9-88
(12) Title 16 U.S.C. 470, et sea.. The National Historic Preservation
Act of 1966, as amended, which establishes the policy of the U.S.
Government to protect and preserve historical structures, sites
and artifacts.
(13) Title 15 U.S.C. 2501, et sea.. Toxic Substances Control Act, as
amended, which provides requirements to safely regulate the
manufacture, processing, distribution in commerce, use or disposal
of chemical substances and mixtures which may present an
unreasonable risk to either the public health or the environment.
(14) Title 42 U.S.C. 1996, et seo.. The American Indian Religious
Freedom Act, as amended, which establishes a policy of the U.S.
Government to protect and preserve for American Indians their
inherent right of freedom of religion, including access to sites.
(15) Title 7 U.S.C. 136, et sea.. The Federal Insecticide, Fungicide,
and Rodenticide Act, as amended, which authorizes EPA to
promulgate regulations governing the use and disposal of
pesticides.
(16) Title 42 U.S.C. 4901, et seo.. The Noise Control Act of 1972, as
amended, which establishes a means for coordination of Federal
noise control research, setting noise emission standards, and
providing information to the general public.
(17) Title 33 U.S.C. 1412, et sea.. The Marine Protection, Research,
and Sanctuaries Act, as amended, which regulates the dumping of
materials into ocean waters.
(18) Title 16 U.S.C. 1273, et sea.. The Wild and Scenic Rivers Act, as
amended, which establishes a national wild and scenic rivers
system to preserve and protect selected rivers of the Nation.
(19) Title 42 U.S.C. 10101, et. sea.. The Nuclear Waste Policy Act of
1982, as amended, which provides for the development of
repositories for the disposal of high-level radioactive waste and
spent fuel, and to establish a program of research, development,
and demonstration regarding the disposal of high-level radioactive
waste and spent nuclear fuel.
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OOE 5400.1
11-9-88
5
(20) Title 42 U.S.C. 2021, et, sea.. The Low-Level Radioactive Waste
Policy Act, as amended, which establishes procedures for the
implementation of compacts providing for the establishment and
operation of regional disposal facilities for low-level
radioactive waste.
(21) Title 42 U.S.C. 7901, et. sea.. The Uranium Mill Tailings
Radiation Control Act of 1978, as amended, which provides for a
remedial action program at selected inactive uranium mill tailings
sites.
(22) Title 42 U.S.C. 7158 Note, The Department of Defense Authorization
Act of 1985, which statutorily prescribes Executive order 12344.
c. Executive Orders.
(1) Executive order 12088, "Federal Compliance with Pollution Control
Standards," of 10-13-78, which requires that all Federal
facilities and activities comply with applicable pollution control
standards.
(2) Executive order 12344, "Naval Nuclear Propulsion Program," of
2-1-82, which establishes an integrated Naval Nuclear Propulsion
Program to be carried out by two organizational units, one in the
U.S. Department of the Navy and one in the U.S. Department of
Energy.
(3) Executive order 12580, "Superfund Implementation," of 1-23-B7,
which delegates to various federal officials the responsibilities
vested in the President for implementing the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA or Superfund) and the Superfund Amendments and
Reauthorization Act of 1986 (SARA). [The Order delegates most of
these responsibilities to the Administrator of the Environmental
Protection Agency (EPA), but several are delegated to the heads of
Federal agencies, including DOE.]
(4) Office of Management and Budget (0MB) Circular No. A-105,
"Reporting Requirements in Connection with the Prevention,
Control, and Abatement of Environmental Pollution of Existing
Federal Facilities," of 12-31-74.
d. Applicable State and Local Legislation and Regulations in Which DOE
Operations are Located.
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DOE 5400.1
11-9-88
e. Other.
(1) DOE's "Final Guidelines for Compliance with the National
Environmental Policy Act," 52 FR 47662, of 12-15-87, and
subsequent amendments, which establish final guidelines for
implementing the procedural provisions of the National
Environmental Policy Act as required by the Council on
Environmental Quality regulations.
5. POLICY.
a. It is DOE policy to conduct its operations in an environmentally safe
and sound manner. Protection of the environment and the public are
responsibilities of paramount importance and concern to DOE. All DOE
activities should recognize and reflect this concern and public trust.
To that end, DOE is firmly committed to ensuring incorporation of
national environmental protection goals in the formulation and
implementation of DOE programs. It has an equal commitment to advance
the goals of restoring and enhancing environmental quality, and ensuring
public health. Accordingly, it is DOE policy to conduct the
Department's operations in compliance with the letter and spirit of
applicable environmental statutes, regulations, and standards. In
addition, DOE is committed to good environmental management of all its
programs and at all its facilities to correct existing environmental
problems, to minimize risks to the environment or public health, and to
anticipate and address potential environmental problems before they pose
a threat to the quality of the environment or the public welfare.
Finally, it is DOE's policy that efforts to meet environmental
obligations be carried out consistently across all operations and among
all field organizations and programs.
b. While responsibility for good environmental management is a Departmental
one, environmental protection practices will, of necessity, be carried
out at the levels and locations where many DOE activities are performed
by its management and operating contractors. Thus, although the
Department will continue to indemnify its management and operating
contractors for fines, penalties, and other liabilities that are
incurred pursuant to their contracts and not the result of willful
misconduct or lack of good faith, it is DOE policy that contractors will
share the Department's commitment to good environmental management. DOE
expects its management and operating contractors to conduct their
operations in an environmentally sound manner that limits the risks to
the environment and protects the public health. DOE will actively
oversee contractors' activities to assure compliance with this policy.
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DOE 5400.1
11-9-88
7
6. APPLICABILITY.
a. In recognition of the environmental significance of Departmental
activities authorized by the Atomic Energy Act (AEA), this Order
addresses and, of necessity, emphasizes requirements for radiation
protection. It also is written to reflect the DOE organizational
structure for operations that implement AEA activities. It is
understood and expected that other DOE elements, e.g., power marketing
administrations, will design and manage their environmental protection
programs in such a manner so as to be equivalent to requirements
contained in this Order and in compliance with applicable statutes and
regulations.
b. Environmental management activities of DOE are extensively, but not
entirely, regulated by EPA, State, and local environmental agencies.
Where these agencies clearly exercise environmental protection authori ty
through permitting and compliance administrative procedures applicable
to DOE, they establish and regulate required performance for
environmental protection. This Order and other DOE environmental
protection directives provide requirements for satisfying these
externally imposed regulations. Additionally, these directives
establish requirements for those environmental protection programs that
are not externally regulated, but require internal management consistent
with DOE Orders that provide specific, detailed requirements in selected
areas of environmental protection.
c. Inasmuch as this directive for the most part serves to implement
legislatively mandated requirements, it is expected that activities,
documentation, and special planning conducted to meet these legal
requirements will be used to the maximum extent to satisfy requirements
of this Order.
7. LEGISLATIVE AUTHORITY. The Department of Energy Organization Act of 1977
and the Atomic Energy Act of 1954, as amended, provide for, among other
things, the protection of the health and safety of the public and the
environment in the conduct of the Department's programs.
8. DEFINITIONS.
a. DOE Operations, for the purposes of this Order, are those DOE managed,
directed, or funded activities for which the Department has
responsibility for Environment, Safety and Health (ES&H).
b. Effluent is any treated or untreated air emission or liquid discharge at
a DOE site or from a DOE facility.
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DOE 5400.1
11-9-88
c. Environmental Monitoring is the collection and analysis of samples or
direct measurements of environmental media. Environmental monitoring
consists of two major activities: effluent monitoring and environmental
surveillance.
d. Environmental Protection Standard is a specified set of rules or
conditions concerned with: delineation of procedures; definition of
terms; specification of performance, design, or operations; or
measurements that define the quantity of emissions, discharges, or
releases to the environment and th^ quality of the environment.
e. Effluent Monitoring is the collection and analysis of samples, or
measurements of liquid and gaseous effluents for the purpose of
characterizing and quantifying contaminants, assessing radiation
exposures of members of the public, providing a means to control
effluents at or near the point of discharge, and demonstrating
compliance with applicable standards and permit requirements.
f. Environmental Surveillance is the collection and analysis of samples, or
direct measurements, of air, water, soil, foodstuff, biota, and other
media from DOE sites and their environs for the purpose of determining
compliance with applicable standards and permit requirements, assessing
radiation exposures of members of the public and assessing the effects,
if any, on the local environment.
g. Environmental Occurrence is any sudden or sustained deviation from a
regulated or planned performance at a DOE operation that has
environmental protection and compliance significance.
h. DOE Contractor includes any prime contractor or subcontractor subject to
the contractual provisions of 48 CFR Part 923.70, 48 CFR Part 970.23, or
other contractual provisions where DOE has elected to enforce ES&H
requirements by specific negotiated contract provisions.
i. Field Organization is the first line DOE field element that carries the
organizational responsibility for (1) managing and executing assigned
programs, (2) directing contractors who conduct the programs, and
(3) assuring that environment, safety, and health are integral parts of
each program.
j. Program Senior Official (PSO) is a senior outlay program manager and
includes the Assistant Secretaries for Conservation and Renewable
Energy, Defense Programs, Fossil Energy, and Nuclear Energy, the
Director of Energy Research, and the Director of Civilian Radioactive
Waste Management. For purposes of this Order, this definition also
includes the Administrators of the Bonneville and Western Area Power
Administrations.
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DOE 5400.1
11-9-88
9
9. RESPONSIBILITIES AND AUTHORITIES. The following responsibilities and
authorities, as well as those contained in DOE 5480.IB, are assigned.
a. The Deputy Secretary (S-2) has overall responsibility and authority for
DOE programs and may take necessary management actions to ensure safety,
including directing the curtailment and suspension of operations, when
in his or her opinion, such operation would result in undue risk.
b. The Assistant Secretary for Environment. Safety and Health (EH -1) shall.
(1) Establish environmental prstection policies, guidance,
requirements, and procedures for DOE operations.
(2) Provide the central point for coordination among PSOs and field
organizations, and interact with other agencies and groups in:
(a) The development of internal DOE environmental protection
policy, guidance, and directives;
(b) The development of environmental protection regulations,
standards, and requirements by Federal and State regulatory
agencies; and
(c) The review and comment on proposed environmental legislation
and regulation that may affect DOE operations.
(3) Conduct the environmental survey program and follow-on audits of
line organizations in accordance with DOE 5482.IB and otner
environmental requirements.
(4) Direct the DOE National Environmental Policy Act program, approve
and concur in Departmental Environmental Impact Statements and
other NEPA documents, and assure Departmental compliance with NEPA
in accordance with DOE 5440.1C.
(5) Develop environmental compliance policies, requirements, and
procedures for DOE operations including notification and reporting
of significant environmental occurrences.
(6) Coordinate the timely review, resolution, and dissemination of
significant environmental compliance issues (which are to be
included in permit applications, settlement agreements, consent
decrees and Orders, and lawsuits) and related activities for the
Department with the Office of the General Counsel, affected PSOs
and field organizations, in accordance with DOE 5400.2.
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DOE 5400.1
11-9-88
Develop and maintain systems for collection, retention, evaluation
and dissemination of information that characterizes DOE
environmental management and demonstrates compliance with
environmental protection laws and regulations.
Coordinate, prepare, and submit pollution abatement plans and
progress reports to the Environmental Protection Agency in
accordance with Executive order 12088 and 0MB Circular A-106.
Review and concur in program a$d project direction guidance issued
by a PSO related to environmental protection matters that affect
more than one field organization or that have environmental policy
implications.
Curtail or suspend operations at DOE facilities, under the
conditions described below, when a clear and present danger exists
to workers or members of the public, as provided in DOE Order
5480.IB. (Clear and present danger is a condition or hazard which
could reasonably be expected to cause death or serious harm to
plant workers or the public immediately or before such condition
or hazard can be eliminated through normal procedures.)
(a) Whenever EH-1, in carrying out his or her responsibilities,
determines that the environmental, safety, or health
conditions at any DOE facility present a clear and present
danger, EH-1 shall notify the Deputy Secretary that such a
determination has been made. In addition, notification shall
be provided to the PSO and the Head of the appropriate field
organization. Upon receiving such notification, the Head of
the Field Organization shall take immediate action to curtail
or suspend the operation and mitigate the danger.
(b) If appropriate action is not taken to curtail or suspend the
operation and mitigate the identified danger, EH-1 shall
advise the Secretary. In the event that the Secretary is
unavailable, EH-1 is authorized to direct the PSO or field
organization to suspend or curtail an operation which EH-1
has determined is posing a clear and present danger until the
danger has been mitigated.
(c) The authority reflected in subparagraph (11) may not be
redelegated or assumed by acting officials and will terminate
on 1-31-89, unless specifically renewed.
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DOE 5400.1
11-9-88
11
(11) Issue guidance in cooperation with PSOs to field organizations for
the preparation of long range environmental protection plans;
review those plans upon submission by field organizations;
coordinate the development of a DOE-wide long range environmental
protection plan.
c. Program Senior Officials (PSOs) shall:
(1) Provide clear and explicit delegations of authority and
responsibilities for implementing DOE environmental protection
programs. -
(2) Ensure that appropriate environmental requirements are included in
program plans.
(3) Advise EH-1, in a timely manner, of significant programmatic
environmental issues requiring resolution.
(4) Concur in significant environmental compliance issues, such as
compliance agreements and consent orders which may affect programs
or projects under his or her jurisdiction.
(5) In consultation with EH-1, provide environmental protection
direction to field organizations consistent with Departmental
Orders and policies.
(6) Provide oversight and, as appropriate, verify field organization
compliance with any environmental guidance provided by the PSO.
(7) Assure that program budget proposals include provisions to comply
with environmental protection requirements that are consistent
with programs and projects identified in the 0MB Circular A-106
pollution plans and, as required by DOE 5480.IB, take appropriate
management actions to include adequate ES&H resources for assigned
functions in budget proposals that incorporate results of the ES&H
upgrade project ranking process.
(8) Participate with, and support EH-1 in preparing and coordinating
Departmental comments on emerging environmental regulations and
policies of other agencies that may affect DOE operations.
(9) Participate in selected environmental appraisals, surveys, and
audits as described in DOE 5482.IB.
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DOE 5400.1
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(10) Direct Heads of Field Organizations to curtail or suspend
operations when any activity presents a clear and present danger
to workers, members of the public, or the environment, as provided
in DOE 5480.IB, page 10, paragraph 8(c)(20).
(11) Provide EH-1 with environmental information and documentation upon
request.
(12) Support EH-1 in issuing guidance for the preparation of long range
environmental protection plans; review those plans upon submission
by field organizations; coordiqate with EH-1 in the development by
EH-1 of a DOE-wide long range environmental protection plan.
d. The General Counsel shall:
(1) Provide advice and assistance to EH-1 and other DOE elements in
support of DOE environmental protection programs and compliance
activities.
(2) Provide prompt advice and assistance to EH-1 in resolving
environmental compliance issues and related activities within his
or her area of responsibility (e.g., consent decrees and consent
administrative orders).
(3) Provide advice and assistance to EH-1 and other DOE program
elements in preparing departmental comments on emerging
environmental regulations and policies that may affect DOE
operations.
(4) Advise EH-1 and other DOE program elements on Departmental
environmental impact statements and other NEPA documents.
(5) Coordinate DOE environmental litigation activities and represent
DOE at the Department of Justice on these activities.
e. Assistant Secretary. Management and Administration (MA-1) shall review
long range environmental protection plans prepared by Heads of Field
Organizations; and support the development of a DOE-wide long range
environmental protection plan.
f. Heads of Field Organizations shall:
(1) Issue and update, as required, a general environmental statement
that reflects the statement of policy in this Order and contains
broad environmental protection goals for all facilities and
activities for which he or she is responsible.
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DOE 5400.1
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13
(2) Ensure that all operations under their authority comply with
applicable environmental protection laws and regulations, and
directives.
(3) Identify significant environmental compliance issues that require
resolution and coordination, and advise EH-1 and Headquarters
program elements in a timely manner.
(4) Ensure that all required environmental permits are secured from
the appropriate regulatory agency in a timely fashion. Consistent
with the requirements of DOE, 5400.2, in negotiating the terms and
conditions of permits, settlements, consent orders, consent
decrees, or other legal or administrative documents, every effort
shall be made to assure that permit requirements and conditions
reflect the requirements of environmental regulations, consistent
with national security interests, and are cost-effective.
(5) Conduct environmental appraisals of programs, projects, and
facilities in accordance with DOE 5482.IB, and other ES&H
requirements, and provide copies of appraisal reports to EH-1 and
the appropriate program office.
(6) Establish and maintain liaison and cooperative programs with
appropriate Federal, Regional, State, and local environmental
officials so as to facilitate effective environmental management.
(7) Develop and implement programs that direct contractors to execute
environmental protection compliance programs and policies, and
provide for oversight, confirmation, and independent verification
of those contractor programs.
(8) Prepare long range environmental protection plans in accordance
with guidance issued by EH-1.
(9) Ensure that budget requests provide for required environmental
protection upgrades and corrective action, that they are timely,
and are consistent with pollution abatement plans prepared as
required by 0MB Circular A-106.
(10) Prepare biannual pollution abatement plans required by 0MB
Circular A-106 and submit to EH-1 on a schedule provided by that
office.
(11) Provide EH-1 all environmental information and documentation that
is requested.
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DOE 5400.1
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(12) Curtail or suspend any operation that poses a clear and present
danger to members of the public or the environment.
(13) Provide for community public information and education programs
concerning DOE environmental protection programs, consistent with
the requirements of environmental regulations and national
security interests.
g. Director. Naval Nuclear Propulsion Prooranr: Executive Order 12344,
statutorily prescribed by P.L. 98-525 (42 USC 7158 note), establishes
the responsibilities and authority of the Director, Naval Nuclear
Propulsion Program (who is also the Deputy Assistant Secretary for Naval
Reactors within the Department) over all facilities and activities which
comprise the Program, a joint Navy-DOE organization. The policy
principle promoted by these executive and legislative actions is cited
in the Executive Order as ". . . preserving the basic structure,
policies, and practices developed for this Program in the past ..."
Accordingly, based on the Executive Order and this policy principle, the
Naval Nuclear Propulsion Program is exempt from the provisions of this
Order. The Director shall maintain an environmental protection program
to assure compliance with applicable environmental statutes and
regulations. The Director and EH-1 shall cooperatively develop
information exchange and other mutually beneficial programs as
appropriate, consistent with P.L. 98-525.
BY ORDER OF THE SECRETARY OF ENERGY:
JOSEPH F. SALGADO
Deputy Secretary
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DOE 5400.1
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TABLE OF CONTENTS
Page
CHAPTER I - ENVIRONMFNTAI PROTFCTION STANDARDS
1. Purpose 1-1
2. Environmental Protection Standard 1-1
3. Standards 1-1
4. Exemption Procedures 1-1
a. From Federal, State and Local Regulations 1-1
b. From Internal DOE Environmental Standards 1-2
c. Presidential Exemption 1-4
Attachment 1-1 - Mandatory Environmental Protection
Standards 1-5
CHAPTER II - NOTIFICATION AND REPORTS
1. Purpose 11 -1
2. Notification of Environmental Occurrences to EH -1 11 -1
3. Office of Management and Budget Circular A-106 11 -1
4. Annual Site Environmental Report 11 - 2
a. Purpose 11 -2
b. Scope 11 - 2
c. Reporting Criteria 11 - 2
d. Contents and Format 11-2
5. Reports on Radioactive/Effluent/On-Site Discharge/Unplanned
Releases 11 -2
Attachment 11 -1 - Format Guidelines and Examples
for Annual Site Environmental
Reports 11 - 5
CHAPTER III - ENVIRONMENTAL PROTECTION PROGRAM PLANS
1. Purpose 111 -1
2. Implementation Plan 111 -1
3. Long Range Environmental Protection Plan 111 -1
4. Special Program Planning Requirements 111 - 2
CHAPTER IV - ENVIRONMENTAL MONITORING REQUIREMENTS
1. Purpose IV-1
2. Appl icability " IV-1
3. Preoperational Monitoring of Facilities, Sites, and Operations . . IV-2
4. Environmental Monitoring Plans IV-2
5. Environmental Monitoring - General Requirements IV-2
a. Effluent Monitoring IV-2
b. Environmental Surveillance IV-3
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ii DOE 5400.
11-9-88
TABLE OF CONTENTS
(continued)
Paoe
6. Meteorological Monitoring Program IV-4
a. Meteorological Information/Monitoring Programs IV-4
b. General Requirements IV-5
7. Radiological Monitoring IV-5
8. Non-Radiological Monitoring IV-5
a. Air Monitoring - Emissions IV-5
b. Air Monitoring - Environmental Surveillance IV-5
c. Water Monitoring - Effluents IV-7
d. Water Monitoring - Environmental Surveillance IV-8
9. Groundwater Monitoring Program IV-9
a. Groundwater Monitoring Plans IV-9
b. General Requirements IV-9
10. Quality Assurance and Date Verification IV-10
a. Quality Assurance IV-10
b. Laboratory Certification IV-10
c. DOE Laboratory Quality Assurance Program for
Radioactive Material IV-11
d. Independent Data Verification IV-11
Attachment IV-1 - Selected References for
Environmental Monitoring IV-13
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1-1
CHAPTER I
ENVIRONMENTAL PROTECTION STANDARDS
1. PURPOSE. To provide the mandatory environmental standards that are in'
effect at DOE operations and procedural guidance for securing an exemption
from a standard.
2. ENVIRONMENTAL PROTECTION STANDARD. See definition at page 8,
subparagraph 8d.
3. STANDARDS. Environmental protection standards fall into three categories.
a. Those imposed by Federal statutes, regulations, and requirements. (The
major federal environmental protection standards that apply to DOE
operations are contained in the listing in Attachment I-1.)
b. Those imposed by State and local statutes, regulations, and requirements
which are applicable to DOE.
c. Those imposed by DOE directives.
4. EXEMPTION PROCEDURES. Requests for exemptions from applicable environmental
protection standards are not encouraged. However, in limited cases,
programmatic circumstances or operational conditions may warrant such
requests in accord with the following procedures.
a. From Federal, State and Local Regulations.
(1) Specific procedures for processing exemptions to standards are
contained in Federal, State, and local laws and regulations. To
the extent that Federal, State, and local laws and regulations
allow for an exemption from any standard, field organizations and
PSOs, as appropriate, are to use applicable administrative and
legal procedures to secure approval for any exemption. EH-1 will
provide technical and administrative support to any organization
upon request. In the case of generic issues that affect
department-wide compliance with environmental standards, EH-1 will
coordinate efforts to obtain agreements from the regulatory
authority for a DOE-wide exemption. Heads of Field Organizations
and PSOs, as appropriate, shall submit to EH-1, the General
Counsel, and the appropriate Program Senior Official(s)
information copies of all requests to Federal or State agencies
for exemptions.
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DOE 5400.1
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The field organization and PSOs, as appropriate, shall take the
lead role in coordinating the exemption request with the
appropriate Federal, State, or local agency responsible for the
enforcement of the standard for which the exemption is being
requested.
After a determination has been made by the appropriate Federal,
State, or local agency, the field organization and PSOs, as
appropriate, shall notify EH-1, the General Counsel, and the
appropriate PSOs of the disposition of the request.
b. From Internal DOE Environmental Standards. Procedures for exemptions
from standards which are internally imposed as a matter of DOE policy
are as follows:
(1) Temporary Exemptions.
(a) Heads of Field Organizations and PSOs, as appropriate, shall
submit to EH-1, with copies to the appropriate Program Senior
Official(s), a request for a temporary exemption from DOE
mandatory standards. A request for a temporary exemption
shall contain the following:
1 A specification of the standard from which the field
organization or PSO seeks an exemption;
2 Detailed statements of why the field organization or PSO
is unable to comply with the standard;
3 A statement of the steps taken or to be taken to minimize
the risk to the public and environment, including the
conditions the field organization or PSO shall maintain
and the means, methods, operations, and processes which
shall be adopted and used;
4 An analysis of the benefits to be gained from the
exemption and the negative impact on the program or
activity if not granted, compared with the risk posed by
conducting the activity under the exemption; and
5 A statement of when the field organization or PSO will be
able to comply with the standard and what steps have been
and will be taken by the field organization to come into
compliance with the standard.
(2)
(3)
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DOE 5400.1
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1-3
(b) EH-1 shall review the field organization's or PSO's request
within 60 days of receipt of the request. After review and
evaluation of the request and recommendations from the
appropriate PSO, EH-1 shall approve a temporary exemption if
the request establishes that the field organization or PSO:
Is unable to comply with the standard because of
unavailability of funding, professional or technical
personnel, materials or equipment, or because necessary
construction or alteration of facilities must be completed
to comply;
2 Is taking all available steps to provide environment and
health protection; and,
3 Has an effective program for coming into compliance with
the standard as quickly as possible.
(c) A temporary exemption may be in effect for the period needed
by the field organization or PSO to achieve compliance with
the standard, but no longer than 2 years, except that in
unusual circumstances (e.g., lack of programmatic funding), a
temporary exemption may be renewed for a 1-year period. An
application for renewal must be filed and processed in the
same manner specified in subparagraphs 4b(1)(a) and 4b(1)(b);
this shall be done at least 90 days prior to expiration of
the temporary exemption.
(2) Permanent Exemptions. In limited cases, EH-1 may approve a
permanent exemption if the field organization or PSO has
demonstrated that the conditions, practices, means, methods,
operations, or processes to be used will provide environment,
safety, and health protection which is comparable to that which
would prevail if the field organization or PSO had complied with
the standard. Heads of Field Organizations or PSOs shall submit
to EH-1 any request for a permanent exemption from DOE standards.
The request for exemption shall contain all applicable information
specified in subparagraph 4b(l)(a). Within 60 days of the receipt
of the request, EH-1 shall review and evaluate the request and
recommendations from the appropriate PSO.
(3) Field-Level Exemptions. The Head of the Field Organization or PSO
may grant field-level exemptions from mandatory standards during
the period of time in which the request for a temporary or
permanent exemption is being processed by Headquarters. A field-
level exemption shall be granted where the Head of the Field
Organization or PSO has sufficient assurance that the
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DOE 5400.1
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environmental and health risks are acceptably low. The field-
level exemption is to be effective until a decision on the
issuance of an exemption is made by EH-1.
c. Presidential Exemption. Any request for a Presidential exemption from
applicable pollution control standards shall comply with the procedures
prescribed in Section 1-7 of Executive order 12088. The request should
be forwarded to EH-1 with copies to the appropriate PSO.
Recommendations for Presidential exemptions will be developed by EH-1,
concurred in by GC and the PSO, and transmitted to the Office of
Management and Budget under the Secretary's signature. Presidential
exemptions may be requested under the following Acts, inter alia.
(1) Clean Air Act, as amended, Section 118(b).
(2) Clean Water Act, as amended, Section 313(a).
(3) Safe Drinking Water Act, as amended, Section 1447(b).
(4) Resource Conservation and Recovery Act, as amended, Section 6001.
(5) Comprehensive Environmental Response, Compensation, and Liability
Act, as amended, Section 120(j)(1)-
(6) Noise Control Act, as amended, Section 4(b)(2).
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DOE 5400.1
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Attachment 1-1
Page 1-5
MANDATORY ENVIRONMENTAL PROTECTION STANDARDS
To the extent legally applicable to a particular activity, standards contained in
the following legislation, regulations, and Executive orders are mandatory for
DOE Operations. This Appendix includes certain major federal requirements, but
is not necessarily all-inclusive. Specific standards -including state and local
requirements - applicable to individual activities should be determined on a
site-specific basis.
1. EXECUTIVE ORDERS fE.O.)
a. E.O. 11987, "Exotic Organisms."
b. E.O. 11988, "Floodplain Management."
c. E.O. 11989, "Off-Road Vehicles on Public Lands."
d. E.O. 11990, "Protection of Wetlands."
e. E.O. 11514 and E.O. 11991, "Protection and Enhancement of Environmental
Quality."
f. E.O. 11593, "Protection and Enhancement of Cultural Environment."
g. E.O. 12088, "Federal Compliance with Pollution Control Standards."
h. E.O. 12145, "Management of Federal Legal Resources."
i. E.O. 12316, "Response to Environmental Damage."
j. E.O. 12342, "Environmental Safeguards on Activities for Animal Damage
Control on Federal Lands."
k. E.O. 12344, "Naval Nuclear Propulsion Program."
1. E.O. 12580, "Superfund Implementation."
2. THE NATIONAL HISTORIC PRESERVATION ACT OF 1966. AS AMENDED.
a. Title 36 CFR Part 800, "Protection of Historic andCultural Properties."
b. Title 43 CFR Part 7, "Protection of Archaeological Resources."
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DOE 5400.1
11-9-88
3. TITLE 42 U.S.C. 7401. FT SFP.. THE CLEAN AIR ACT. AS AMENDED.
a. Title 40 CFR Part 50, "National Primary and Secondary Ambient Air
Quality Standards."
b. Title 40 CFR Part 52, "Approval and Promulgation of Implementation
Plans."
c. Title 40 CFR Part 53, "Ambient Air Monitoring Reference and Equivalent
Methods."
d. Title 40 CFR Part 58, "Ambient Air Quality Surveillance."
e. Title 40 CFR Part 60, "Standards of Performance for New Stationary
Sources."
f. Title 40 CFR Part 61, "National Emission Standards for Hazardous Air
Pollutants."
g. Title 40 CFR Part 65, "Delayed Compliance Orders."
h. Title 40 CFR Part 66, "Assessment and Collection of Noncompliance
Penalties by EPA."
i. Title 40 CFR Part 69, "Special Exemptions from Requirements of the Clean
Air Act."
j. Title 40 CFR Part 81, "Designation of Areas for Air Quality Planning
Purpose."
4. TITLE 33 U.S.C. 1251 ET SEP.. THE CLEAN WATER ACT. AS AMENDED.
a. Title 33 CFR Parts 153-157, "Control of Pollution by Oil and Hazardous
Substances."
b. Title 33 CFR Part 159, "Marine Sanitation Devices."
c. Title 33 Parts 320, 322-329, "Permit Programs Regulations."
d. Title 40 CFR Part 109, "Criteria for State, Local and Regional Oil
Removal Contingency Plans."
e. Title 40 CFR Part 110, "Discharge of Oil."
f. Title 40 CFR Part 112, "Oil Pollution Prevention."
g. Title 40 CFR Part 113, "Liability Limits for Small Onshore Storage
Facilities."
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Attachment 1-1
Page 1-7
h. Title 40 CFR Part 114, "Civil Penalties for Violation of Oil Pollution
Prevention Regulations."
i. Title 40 CFR Part 116, "Designation of Hazardous Substances."
j. Title 40 CFR Part 117, "Determination of Reportable Quantities for
Hazardous Substances."
k. Title 40 CFR Part 121, "State Certification of Activities Requiring a
Federal License or Permit."
1. Title 40 CFR Part 122, "EPA Administered Permit Programs: The National
Pollutant Discharge Elimination System."
m. Title 40 CFR Part 125, "Criteria and Standards for the National
Pollutant Discharge Elimination System."
n. Title 40 CFR Part 129, "Toxic Pollutant Effluent Standards."
o. Title 40 CFR Part 131, "Water Quality Standards."
p. Title 40 CFR Part 133, "Secondary Treatment Regulation."
q. Title 40 CFR Part 136, "Guidelines Establishing Test Procedures for the
Analysis of Pollutants."
r. Title 40 CFR Part 140, "Marine Sanitation Device Standard."
s. Title 40 CFR Parts 220-225, 227-229, "Ocean Dumping Regulations and
Criteri a."
t. Title 40 CFR Part 230, "Section 404(b)(1) Guidelines for Specification
of Disposal Sites for Dredged or Fill Material."
u. Title 40 CFR Part 231, "Section 404(c) Procedures."
v. Title 40 CFR Part 401, "General Provisions for Effluent Guidelines and
Standards" (Note: Title 40 CFR Part Section 401.14, "Cooling Water
Intake Structures).
w. Title 40 CFR Part 403, "General Pretreatment Regulations for Existing
and New Sources of Pollution."
x. Title 40 CFR Part 413, "Electroplating Point Source Category."
y. Title 40 CFR Part 423, "Steam Electric Power Generating Point Source
Category."
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DOE 5400.1
11-9-88
z. Title 40 CFR Part 457, "Explosives Manufacturing Point Source Category."
aa. Title 40 CFR Part 459, "Photographic Point Source Category."
5. TTTtF 42 U.S.C. 300 F, ET SEP.. THE SAFE DRINKING MATER ACT. AS AMFNDED.
a. Title 40 CFR Part 141, "National [Interim] Primary Drinking Water
Regulations."
b. Title 40 CFR Part 142, "National Primary Drinking Water Regulations
Implementation."
c. Title 40 CFR Part 143, "National Secondary Drinking Water Regulations."
d. Title 40 CFR Part 144, "Underground Injection Control Program."
e. Title 40 CFR Part 146, "Underground Injection Control Program: Criteria
and Standards."
f. Title 40 CFR Part 147, "State Underground Injection Control Programs."
g. Title 40 CFR Part 149, "Sole Source Aquifers."
6. TITLE 16 U.S.C. 1451. ET SEP.. THE COASTAL ZONE MANAGEMENT ACT OF 1972. AS
AMENDED.
a. Title 15 CFR Part 921, "NOAA Guidelines on Estuarine Sanctuaries."
b. Title 15 CFR Part 923, "NOAA Coastal Zone Management Program Approval
Regulations."
c. Title 15 CFR Part 930, "NOAA Regulations or. Federal Consistency with
Approved Coastal Management Program."
d. Title 15 CFR Part 931, "NOAA Regulations on Coastal Energy Impact
Program."
7. RADIATION PROTECTION.
a. Title 10 CFR Part 712, "Grand Junction Remedial Action Criteria."
b. Title 40 CFR Part 190, "Environmental Radiation Protection Standards for
Nuclear Power Operations."
c. Title 40 CFR Part 191, "Environmental Radiation Protection Standards for
Management and Disposal of Spent Nuclear Fuel, High-Level, and
Transuranic Radioactive Wastes."
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Attachment 1-1
Page 1-9
d. Title 40 CFR Part 192, "Health and Environmental Protection Standards
for Uranium and Thorium Mill Tailings."
8. TITLE 42 U.S.C. 9601 r96151 ET SEP.. THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE. COMPENSATION. AND LIABILITY ACT OF 1980. AS AMENDED.
a. Title 40 CFR Part 300, "National Oil and Hazardous Substances Pollution
Contingency PI an."
b. Title 40 CFR Part 302, "Designation, Reportable Quantities, and
Notification."
c. Title 40 CFR Part 305, "Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) Arbitration Procedures."
d. Title 40 CFR Part 306, "Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) Natural Resources Claims
Procedures."
e. Title 43 CFR Part 11, "Natural Resource Damage Assessments."
9. TITLE 7 U.S.C. 136. ET SEP.. THE FEDERAL INSECTICIDE. FUNGICIDE. AND
RODENT ICIDE ACT. AS AMENDED.
a. Title 40 CFR Part 162, "Regulations for the Enforcement of the Federal
Insecticide, Fungicide, and Rodenticide Act."
b. Title 40 CFR Part 165, "Regulations for the Acceptance of Certain
Pesticides and Recommended Procedures for the Disposal and Storage of
Pesticides and Pesticides Containers."
c. Title 40 CFR Part 166, "Exemption of Federal and State Agencies for Use
of Pesticides Under Emergency Conditions."
d. Title 40 CFR Part 170, "Worker Protection Standards for Agricultural
Pesticides."
e. Title 40 CFR Part 171, "Certification of Pesticide Applicators."
10. TITLE 42 U.S.C. 6901. ET SEP.. THE RESOURCE CONSERVATION AND RECOVERY ACT OF
1976. AS AMENDED.
a. Title 40 CFR Part 240, "Guidelines for the Thermal Processing of Solid
Wastes."
b. Title 40 CFR Part 241, "Guidelines for the Land Disposal of Solid
Wastes."
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DOE 5400.1
IT QOO
* * "T-Uw'
c. Title 40 CFR Part 243, "Guidelines for the Storage and Collection of
Residential, Commercial, and Institutional Solid Waste."
d. Title 40 .CFR Part 244, "Solid Waste Management Guidelines for Beverage
Containers."
e. Title 40 CFR Part 245, "Promulgation Resource Recovery Facilities
Guidelines."
f. Title 40 CFR Part 246, "Source Separation for Materials Recovery
Guidelines." "
g. Title 40 CFR Part 247, "Guidelines for Procurement of Products that
Contain Recycled Material."
h. Title 40 CFR Part 256, "Guidelines for Development and Implementation of
State Solid Waste Management Plans."
i. Title 40 CFR Part 257, "Criteria for Classification of Solid Waste
Disposal Facilities and Practices."
j. Title 40 CFR Part 260, "Hazardous Waste Management System: General."
k. Title 40 CFR Part 261, "Identification and Listing of Hazardous Waste."
1. Title 40 CFR Part 262, "Standards Applicable to Generators of Hazardous
Waste."
m. Title 40 CFR Part 263, "Standards Applicable to Transporters of
Hazardous Waste."
n. Title 40 CFR Part 264, "Standards for Owr.ers and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities."
o. Title 40 CFR Part 265, "Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, and Disposal
Facilities."
p. Title 40 CFR Part 266, "Standards for the Management of Specific
Hazardous Wastes and Specific Types of Hazardous Waste Management
Facilities."
q. Title 40 CFR Part 267, "Interim Standards for Owners and Operators of
New Hazardous Waste Land Disposal Facilities."
r. Title 40 CFR Part 268, "Land Disposal Restrictions."
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Attachment 1-1
Page I -11 (and 1-12)
s. Title 40 CFR Part 270, "EPA Administered Permit Programs: The Hazardous
Waste Permit Program."
t. Title 40 CFR Part 272, "Approved State Hazardous Waste Management
Programs."
u. Title 40 CFR Part 280, "Underground Storage Tanks."
11. TITLE 16 U.S.C. 1531. FT SEP.. THE ENDANGFRFD SPECIES ACT OF 1973. AS
AMENDED. TITLE 50 CFR PART 17. "FISH AND WILDLIFF SFRVICE LIST OF ENDANGERED
AND THREATENED WILDLIFE AND PLANTS".
12. TITLE 15 U.S.C.. ET SEP.. THE TOXIC SUBSTANCES CONTROL ACT. AS AMENDED.
TITLE 40 CFR PART 761. "PQLYCHLORINATED BIPHENYLS (PCBs) HANUFACTU-,1 NG.
PROCESSING. DISTRIBUTION IN COMMERCE. AND USE PROHIBITIONS".
13. TITLE 42 U.S.C. 4901, ET SEP.. THE NOISE CONTROL ACT OF 1972. AS AMENDED.
14. TITLE 16 U.S.C. 1131. ET SEP.. THE WILDERNESS ACT. AS AMENDED. TITLE 43 CFR
PART 19. "WILDERNESS PRESERVATION".
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11 -1
CHAPTER II
NOTIFICATION AND REPORTS
1. PURPOSE. To establish requirements for: (a) notification and follow-up of
environmental occurrences; and, (b) periodic routine reporting of
significant environmental protection information. Each DOE facility is
unique; thus, notification and reporting requirements shall be determined by
the Head of Field Organization on a case-by-case basis, consistent with
regulatory requirements and DOE directives.
2. NOTIFICATION OF ENVIRONMENTAL OCCURRENCES TO EH-I.
a. Consistent with the notification requirements contained in DOE 5484.1
and DOE 5000.3, and the DOE orders in the 5500 series dealing with
emergency management, field organizations shall notify the Headquarters
Emergency Operations Center (EOC) of the significant nonroutine release
of any pollutant or hazardous substance, e.g., releases of hazardous
substances that are reported to the Environmental Protection Agency
National Response Center as required by the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). Notification to the
EOC shall be concurrent with notification to any regulatory agencies.
Where applicable, existing reporting formats should be used. A written
report of follow-up and resolution of any reported environmental
occurrence which has environmental significance shall be prepared in
accordance with the requirements of DOE 5484.1 and DOE 5000.3.
b. Field organizations shall maintain documentation of responses to
environmental occurrences and have them available for regulatory agency
inspectors, DOE auditors, and the general public. Field organizations
shall prepare annual summary reports on environmental occurrence
activities. This information shall be included in Annual Site
Environmental Reports.
3. OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-106. Departmental pollution
abatement projects shall be reported in a 5-year plan as required by Office
of Management and Budget (0MB) Circular A-106, and EPA and DOE guidance
issued thereto. Field Organizations shall submit their reports semiannually
to EH-1 on dates determined by EH-1, but in any event no later than May 1
and December 15 of each year. Confirmatory reports are to be submitted by
line organizations in those instances where there are no pollution abatement
projects planned or underway.
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11-2
DOE 5400.1
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4. ANNUAI SITE ENVIRONMENTAL REPORT.
a. Purpose. The purpose of this report is to present summary environmental
data so as to characterize site environmental management performance,
confirm compliance with environmental standards and requirements, and
highlight significant programs and efforts.
b. Extent. Reports shall be prepared for all sites that conduct
significant environmental protection programs. The breadth and detail
should reflect the size and extent of any program at a particular site.
c. Reporting Criteria. All DOE facilities that conduct significant
environmental protection programs shall prepare an Annual Site
Environmental Report. Environmental reports covering the previous
calendar year shall be prepared annually and distributed by June 1 to
EH-1 (10 copies), appropriate PSOs, the Office of Scientific and
Technical Information, the Environmental Protection Agency, and to other
agencies and organizations, as appropriate.
d. Content and Format. Suggested content and format for the Annual Site
Environmental Report is contained in Attachment 11 -1.
5. REPORTS ON RADIOACTIVE EFFLUENT/ON-SITE DISCHARGE/UNPLANNED RELEASES.
a. Radioactive Effluent and On-site Discharge Data Reports covering the
previous calendar year shall be submitted to the Waste Information
Systems Branch, EG&G Idaho, Inc., Idaho Falls, Idaho 83415, by April 1
a copy of the cover letter shall be sent to EH-1. The reports,
including the data forms, cover sheet, maps, and, if necessary,
explanatory information shall be submitted in accordance with
instructions provided in Section II of the Effluent Information System
and On-site Discharge Information System User's Manuals. Maps should be
included only when they reflect modifications (terminations or startups,
etc.) from previous years. The report shall consist of:
(1) A cover sheet listing the site, facility, report period,
contractor(s), and address;
(2) A summary providing pertinent descriptive and interpretative
information which would serve to explain any facets of the data
which are not adequately described on the sheets. (Classified
effluent data should be submitted on separate forms.);
(3) Maps, 8-1/2 x 11 inches, showing the locations of effluent streams
and on-site discharge points;
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11-3 (and 11-4)
(4) Completed DOE F 5821.1, "Radioactive Effluents/On-site Discharges/
Unplanned Releases," unless submitted via the Secure Automatic
Communications Network (SACNET) or directly to the computer
operations.
b. Unplanned releases of radioactive materials in effluents, such as
spills, leaks, etc., whether on-site or offsite, also shall be reported
to the Information System Branch, EG&G Idaho, Inc., on Form DOE F-
5821.1. Releases of no environmental concern, including those that are
subsequently cleaned up, need not Cre reported.
c. Field Organizations should assure that any data errors on DOE F 5821.1
are reported promptly to the Information Systems Branch, EG&G Idaho,
Inc., using amended forms.
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Attachment 11 -1
Page 11-5
SUGGESTED CONTFNT AND FORMAT FOR ANNUAL SITE ENVIRONMENTAL REPORTS
Content and format for the Annual Site Environmental Report is provided below;
guidelines and examples are included to illustrate the quality and kind of
information required. The report should be of the high quality typical of DOE
and contractor technical and public reports. The cover should be of appropriate
quality and appearance, and the text printed and professionally edited. Where
possible, pages illustrating figures, maps, etc. should be 8 1/2" x 11".
1. COVER PAGE. The cover page should include the site name, facility,
reporting period, reporting organization, address, and document number. The
report should be titled "(Name) Site Environmental Report for Calendar Year
19--." '
2. TITLE PAGE. Same as for 1 above.
3. TABLE OF CONTENTS. The Table of Contents should list sections, locations of
figures, texts, appendices, references, etc., in the document.
4. INTRODUCTION. The introduction should include a brief description of the
site, its mission, the nature of its primary operations, and activities. A
general discussion of environmental features and land and water use,
including pertinent demographic information, should be included in this
section.
5. SUMMARY. The summary should provide evaluation and interpretation of the
information included in each of the sections (items 6-9 which follow)
contained in the report; the meaning of these data should be explained in
the context of applicable environmental standards and requirements. The
summary should be written in a manner understandable to the general public.
Explanations, as appropriate, should be included for unusual events or
releases. A discussion of abnormal occurrences which resulted from or could
have impact upon either the program activity or the site, should be
included. Population dose estimates and the dose to the maximum exposed
individual (where appropriate) should be included. The total quantity of
radioactivity by radionuclide released as airborne and liquid effluents
should be included, along with descriptive information on nonradioactive
effluents.
6. COMPLIANCE SUMMARY. This section should review the facility's compliance
record. Specific instances of noncompliance should be discussed and a
description of corrective actions should be included.
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7. ENVIRONMENTAL PROGRAM INFORMATION. This section should provide a summary of
all of a site's environmental activities performed to comply with laws and
regulations, to enhance environmental quality, and to improve understanding
of the effects of environmental pollutants from site operations. Items to
be included are:
a. A summary of environmental monitoring performed. This should be a brief
description of the types of monitoring performed; which regulations
require it; number of stations, frequency, and parameters measured; to
whom data are reported; and a summary of results compared to applicable
standards. This summary should address programs for both radioactive
and nonradioactive monitoring.
b. A listing of environmental permits issued to the site by Federal, state
and local regulatory agencies. Include the type of permit, by whom
issued, and the expiration date.
c. A listing of draft and final EISs and EAs completed during the year that
pertain to site activities.
d. A summary of significant environmental activities at the site. This
could include activities to meet permit or EIS requirements, new
procedures implemented to comply with regulations, pollution abatement
projects, and special studies of the fate and effect of pollutants from
the site.
8. ENVIRONMENTAL RADIOLOGICAL PROGRAM INFORMATION. This section should provide
an accurate description of the environmental radiological monitoring program
conducted at each facility. For facilities that do not need to monitor for
radioactivity in the environment, a "Not Applicable" response is sufficient.
a. Radioactive Effluent Data. Effluent data for radionuclides should be
summarized. The nuclides of concern and the total number of curies in
airborne and liquid effluents released to the offsite environment should
be included in the portion of the report dealing with air and water
monitoring, respectively. In instances where liquid effluents released
to different receiving streams result in separate routes of potential
exposure, the radioactivity discharged to each receiving stream should
be identified. For purposes of reporting radiological effluent data,
gross radioactivity measurements are unacceptable, unless specified by
applicable federal, state, or local regulations.
b. Environmental Sampling for Radioactivity. Include a brief description
of each of the media sampled as part of the monitoring program or as
part of a special study. The type and frequency of sampling and the
methods of analysis should be presented. Individual data points are nr"
required, but tables, graphs, or text which clearly and accurately
present the overall monitoring results should be provided. A map
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Attachment 11-1
Page 11-7
showing the location of monitoring stations and sampling points also
should be included. As a general rule, data should be presented for
radioactivity in media for which there are applicable standards or other
meaningful bases for interpreting the results. Interpretation should be
made, where appropriate, of how the environmental levels (resulting from
site operations) compare to relevant parameters such as background
radioactivity, and applicable effluent or environmental standards.
c. Reporting Potential Dose to the Public. The Environmental Report should
contain an assessment of the potential radiation exposure to the public
which could have resulted from site operations during the calendar year.
The assessment should be as accurate and realistic as possible. The
modeling and calculation methodology used in the dose assessment
should be included or referenced. A comparison of results with
applicable standards and relevant parameters (e.g., natural and
manmade sources of exposure) also should be included.
d. Reporting Units. The following units should be used in reporting
radiological data:
(1) Air. uCi/ml (for tritium, report in pCi/ml; for uranium and
thorium, also include pg/ml).
(2) Sediment. uCi/g or pCi/g dry weight. Specify sample depth and
method of obtaining dry weight. For uranium and thorium, also
include ug/g dry or wet weight, where possible. For tritium, the
concentration may be expressed in uCi/ml of moisture content in
unit volume of wet samples.
(3) Food and Vegetation. uCi/g or pCi/g dry weight. Specify percent
moisture and method of obtaining dry weight. For tritium, the
concentration may be expressed in uCi/ml of moisture content in
unit volume of wet samples.
(4) Milk. uCi/ml.
(5) Penetrating Radiation, mrem/yr.
(6) Soil. Three possible reporting units:
(a) uCi/m2 (or pCi/m^). Specify sample depth or profile depth.
For tritium, the concentration may be expressed in uCi/ml of
soil moisture;
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DOE 5400.1
11-9-88
(b) uCi/g (or pCi/g) dry weight. Specify sample depth and method
of obtaining dry weight;
(c) For uranium and thorium, also include ug/g dry or wet weight.
(7) Water. uCi/ml.
9. ENVIRONMENTAL NON-RADIOLOGICAL PROGRAM INFORMATION. This section should
provide an accurate description of the environmental non-radiological
monitoring program conducted at each facility. For facilities that do not
need to monitor non-radiological pollution, a "Not Applicable" response is
sufficient.
a. Effluent Data. Effluent monitoring data should be summarized.
Pollutants of concern and discharge volumes in airborne and liquid
effluents released to the environment should be included in the portion
of the report dealing with air and water monitoring, respectively.
b. Environmental Sampling for Non-Radiological Pollution. Include a brief
description of each of the media sampled as part of the monitoring
program or as part of a special study. The type and frequency of
sampling and the methods of analysis should be presented. Individual
data points are not required, but tables, graphs, or text which clearly
and accurately present the overall monitoring results should be
provided. A map showing the location of monitoring stations and
sampling points also should be included.
As a general rule, data should be presented for which there are
applicable standards or other meaningful bases for interpreting the
results. Interpretation should be made, where appropriate, of how the
environmental levels (resulting from site operations) compare to
relevant parameters such as background levels, and applicable effluent
or environmental standards.
c. Reporting Units. In reporting non-radiological data, units should agree
with those specified by the analytical methods. Where applicable,
reporting units should agree with the units specified on permits issued
under regulatory programs.
10. GROUNDWATER PROTECTION. The groundwater protection program should be
summarized, including a review of the monitoring program that describes the
number of wells, sampling method, sampling frequency, analyses performed and
a summary of results. There also should be a summary of the hydrogeology of
the site, major aquifers, movement of groundwater, potential sources of
groundwater pollution, and uses of groundwater in the vicinity of the site.
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Attachment II-l
Page 11-9 (and 11-10)
11. flUAlITY ASSURANCE. A quality assurance section should summarize the
measures taken to ensure the quality of monitoring data. The overall
program, including sampling, analysis, and data management, should be
described for both radioactive and nonradioactive effluent and environmental
monitoring. A sunmary of results from participation in interlaboratory
cross-check programs should be included, listing site results and expected
results.
12. REFERENCES. A section should list applicable references and other documents
cited in the body of the report.
13. DISTRIBUTION LIST. A standard distribution list of those persons or
organizations receiving copies of the report should be included.
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III-l
chapter ttt
ENVIRONMENTAL PROTECTION PROGRAM PLANS
1. PURPOSE. This Chapter establishes requirements for DOE operations to
develop and implement specific program plans for each facility or group of
facilities for which they are responsible. The Office of Fossil Energy
shall be responsible for developing these plans for operations under its
direct cognizance.
2. IMPLEMENTATION PLAN. Each field organization shall prepare a plan for
implementing the requirements of this Order. An implementation plan shall
be prepared for each facility or group of facilities, the purpose of which
is to provide management direction, including assignment of responsibilities
and authorities, to ensure that all DOE facilities are operated and managed
in a manner that will protect, maintain, and, where necessary, restore
environmental quality, minimize potential threats to the environment and the
public health, and comply with environmental regulations and DOE policies.
Specifically, the implementation plan shall:
a. Provide environmental protection goals and objectives for the
organization, and identify strategies and timetables for attaining them.
Organization and staffing, including assignment of responsibilities for
environmental activities, policies, facility operating procedures, and
budgeting, will be described.
b. Provide an overall framework for the design and implementation of an
environmental protection program for each DOE facility; and
c. Assign responsibilities for complying with requirements under all
Federal, state and local environmental laws and/or regulations for all
DOE facilities.
d. The implementation plan shall be prepared no later than 12 months after
the effective date of this Order and shall be updated annually. The
plan shall be approved by the appropriate PSO, with concurrence by EH-1.
3. LONG RANGE ENVIRONMENTAL PROTECTION PLAN. As an element of its long range
ES&H planning, each field organization shall develop a long range
environmental protection plan that comprehensively defines specific
environmental objectives and the means and schedules for attaining
objectives and completing programs and projects at each facility or group of
facilities. Information contained in this plan will be integrated into the
appropriate PSO planning, support environmental program budget requests, and
provide the basis for comprehensive PSO environmental long range planning.
The plan will serve as a mechanism for Headquarters and field organizations
to coordinate strategies for addressing environmental needs.
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DOE 5400.1
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a. The plan shall:
(1) Identify requirements;
(2) Compare operations against requirements to identify needs;
(3) Establish strategies for meeting identified needs;
(4) Identify activities required to implement the strategies; and
(5) Identify needed resources andMevelop a schedule to accomplish
those activities.
b. Specific guidance for preparing the plan will be issued by EH-1. Each
plan will be submitted to the appropriate PSO, EH-1, and MA-1.
4. SPECIAL PROGRAM PLANNING REQUIREMENTS. In addition to other program
requirements and documentation required in this Order, each Head of Field
Organization shall prepare a separate plan of sufficient scope and detail to
reflect program significance, as appropriate, for each of the following
activities.
a. A Groundwater Protection Management Program that includes, for each
site, the following: (1) documentation of the groundwater regime with
respect to quantity and quality; (2) design and implementation of a
groundwater monitoring program to support resource management and comply
with applicable environmental laws and regulations; (3) a management
program for groundwater protection and remediation, including specific
Safe Drinking Water Act (SDWA), Resource Conservation and Recovery Act
(RCRA) and CERCLA actions; (4) a summary and identification of areas
that may be contaminated with hazardous substances; (5) strategies for
controlling sources of these contaminants; (6) a remedial action program
that is part of the site CERCLA program required by DOE 5400.4; (7)
decontamination and decommissioning, and other remedial programs
contained in DOE directives. Plans, permits, and other technical
documents such as those associated with compliance with the SDWA, RCRA,
and CERCLA may be used in whole or in part to satisfy this requirement.
This plan shall be completed no later than 18 months after the effective
date of this Order. The plan shall be reviewed annually and updated
every 3 years.
b. A Waste Minimization Program that will contain goals for minimizing the
volume and toxicity of all wastes that are generated, with annual
reductions if programmatic requirements allow. Changes in waste
quantity, volume and toxicity that are achieved shall be compared with
quantities generated in the previous year. The proposed methods of
treatment, storage, and disposal that accomplish waste minimization that
are technically and economically practicable shall be reported as
appropriate. Waste minimization plans required by specific legislation,
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111-3 (and 111-4)
such as RCRA, shall be included as a part of this program plan. This
plan shall be completed no later than 18 months after the effective date
"of this Order. The plan shall be reviewed annually and updated every 3
years.
c. A Pollution Prevention Awareness Program that shall be specifically
identified in his or her environmental protection statement. All
mission statements and project plans shall recognize a requirement for
pollution prevention, where appropriate. The documented program,
including elements for employee awareness through specific training,
special awareness campaigns, and Incentives and award programs shall be
implemented. This plan shall be completed no later than 12 months after
the effective date of this Order. The plan shall be reviewed annually
and updated every 3 years.
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IV-1
CHAPTER IV
ENVIRONMENTAL MONITORING REQUIREMENTS
1. PURPOSE.
a. This Chapter contains requirements and guidance for environmental
monitoring programs concerned with: (1) measuring and monitoring
effluents from DOE operations; and (2) surveillance through measurement,
monitoring, and calculation of the effects of those operations on the
environment and public health. The, objectives of the monitoring
programs are to: demonstrate compliance with legal and regulatory
requirements imposed by applicable Federal, State and local agencies;
confirm adherence to DOE environmental protection policies; and support
environmental management decisions. A critical element of monitoring is
quality assurance and verification. Each DOE Facility is unique;
therefore, the need and levels of effort for monitoring programs shall
be determined bv the appropriate field organization on a case-by-case
basis, consistent with regulatory requirements. DOE directives, and the
degree of environmental assurance that activities at the particular site
require.
b. All requirements contained in Chapter IV shall be implemented no later
than 36 months after the effective date of this Order, unless otherwise
required by other DOE Orders, or by applicable Federal, State, or local
legislation or regulation.
c. Monitoring requirements for radioactivity are contained in DOE Orders
in the 5400 series dealing with radiation protection of the public
and the environment.
2. APPLICABILITY.
a. The following environmental monitoring requirements apply: (1) those
contained in DOE Orders in the 5400 series dealing with radiation
protection of the public and the environment, and DOE 5820.2; and
(2) those specified by applicable Federal, State, or local
regulations.
b. To the extent that a regulation or permit allows for exemptions from
required monitoring practices and procedures, Heads of Field
Organizations shall obtain approval for any exemption from the
appropriate regulatory agency. In those instances where an exemption
from a DOE-imposed monitoring requirement is justifiable, approval shall
be granted by the appropriate Head of Field Organization. The
procedures contained in page I-1, paragraph 4 of this Order are not
applicable to any exemptions that are made for environmental monitoring
requirements.
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DOE 5400.1
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3. PRFOPFRATIONAL MONITORING OF FACILITIES. STTFS. AND OPERATIONS. An
environmental study shall be conducted prior to start up of a new site,
facility, or process which has the potential for significant adverse
environmental impact. The preoperational study should begin not less than 1
year, and preferably 2 years before start up to evaluate seasonal changes.
The study shall serve to: characterize existing physical, chemical, and
biological conditions that could be affected; establish background levels of
radioactive and chemical components; characterize pertinent environmental
and ecologic parameters; and identify potential pathways for human exposure
or environmental impact as a basis for determining the nature and extent of
the subsequent routine operational and emergency effluent monitoring and
environmental surveillance programs. Where" time and circumstances do not
allow for completion of preoperational monitoring prior to start-up, it
shall be conducted concurrent with work on the new site, facility, or
process. The preoperational study shall be consistent with NEPA compliance
activities. Where appropriate, activities and documentation conducted for
NEPA compliance may substitute for compliance with this requirement.
4. ENVIRONMENTAL MONITORING PLANS. A written environmental monitoring plan
shall be prepared for each site, facility, or process that uses, generates,
releases, or manages significant pollutants or hazardous materials. The
plan shall contain the rationale and design criteria for the monitoring
program, extent and frequency of monitoring and measurements, procedures for
laboratory analyses, quality assurance requirements, program implementation
procedures, and direction for the preparation and disposition of reports.
The plan shall be approved by the appropriate Head of Field Organization, or
his or her designee. The plan shall be reviewed annually and updated as
needed. The plan shall identify and discuss two major activities:
(a) effluent monitoring, and (b) environmental surveillance. The plan shall
reflect the importance of monitoring as a critical element of an effective
environmental protection program. The plan shall be reviewed annually and
updated every 3 years.
5. ENVIRONMENTAL MONITORING - GENERAL REQUIREMENTS. Environmental monitoring
shall consist of two major activities: effluent monitoring and
environmental surveillance. Selected references for environmental
monitoring are listed in Attachment IV-1.
a. Effluent Monitoring.
(1) Effluent monitoring shall be conducted at all DOE sites to satisfy
the following program objectives:
(a) Verify compliance with applicable Federal, State, and local
effluent regulations and DOE Orders.
(b) Determine compliance with commitments made in Environmental
Impact Statements, Environmental Assessments, or other
official documents.
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IV-3
(c) Evaluate the effectiveness of effluent treatment and control.
(d) Identify potential environmental problems and evaluate the
need for remedial actions or mitigation measures.
(e) Support permit revision and/or reissuance.
(f) Detect, characterize, and report unplanned releases.
(2) Effluent monitoring shall comply with applicable regulations and
shall be conducted to provide representative measurements of the
quantities and concentrations of pollutants in liquid and airborne
discharges, and solid wastes.
(a) Monitoring Stations. Effluents from on-site waste treatment
or disposal systems shall be monitored in accordance with
applicable regulations. Influents to on-site waste treatment
or disposal systems should be monitored as needed.
(b) Sampling. Sample collection programs shall reflect specific
facility needs. Type and frequency of sampling shall be
adequate to characterize effluent streams.
(c) Sample Analysis. Standard analyses shall be used to analyze
samples whenever such methods are required by regulatory
programs. Exemptions due to analytical problems or for non-
routine analyses may be employed after receiving approval
from the appropriate regulatory agency. Analyses not
required by regulations may be conducted as determined by
site-specific conditions.
(d) Monitoring Data Recordkeeping. Auditable records shall be
established in accordance with the requirements of DOE
5700.6B.
b. Environmental Surveillance.
(1) Environmental surveillance shall be conducted to monitor the
effects, if any, of DOE activities on on-site and offsite
environmental and natural resources. An environmental
surveillance screening program shall be undertaken at DOE sites to
determine the need for a permanent surveillance program.
Environmental surveillance shall be designed to satisfy one or
more of the following program objectives:
(a) Verify compliance with applicable environmental laws and
regulations;
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DOE 5400.1
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(b) Verify compliance with environmental commitments made in
Environmental Impact Statements, Environmental Assessments,
Safety Analysis Reports, or other official DOE documents;
(c) Characterize and define trends in the physical, chemical and
biological condition of environmental media;
(d) Establish baselines of environmental quality;
(e) Provide a continuing assessment of pollution abatement
programs;
(f) Identify and quantify new or existing environmental quality
problems.
(2) Environmental surveillance programs and components should be
determined on a site-specific basis by the field organization.
Programs should reflect facility characteristics, applicable
regulations, hazard potential, quantities and concentrations of
materials released, the extent and use of affected air, land, and
water, and specific local public interest or concern.
Surveillance programs are likely to include one or more of the
following:
(a) Monitoring stations;
(b) Sampling and analysis; and
(c) Monitoring data recordkeeping.
6. METEOROLOGICAL MONITORING PROGRAM. Representative meteorological data are
required at DOE facilities to support environmental monitoring activities.
This information is essential to characterize atmospheric transport and
diffusion conditions in the vicinity of the DOE facility and to represent
other meteorological conditions (e.g., precipitation, temperature, and
atmospheric moisture) which are important to environmental surveillance
activities such as air quality and radiation monitoring.
a. Meteorological Information/Monitoring Programs. A meteorological
information/monitoring program shall be developed as a specific element
of all environmental monitoring plans. The program shall identify types
of meteorological information required to support all environmental
protection activities (both routine and non-routine) and the regulations
applicable to assessing impacts of airborne releases. The elements of
the program (e.g., acquisition, analysis, and data management) shall be
specified and the rationale or purpose for selecting those elements
documented.
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IV- 5
b. General Requirements. Representative meteorological information shall
be available at or in the vicinity of DOE facilities to:
(1) Provide data to characterize atmospheric transport, diffusion
conditions, and other climatic conditions of importance in the
vicinity of the DOE facility for assessments of the impacts of
airborne releases (both routine and non-routine) on public health
and safety;
(2) Provide data to characterize conditions important to environmental
surveillance activities such as air quality and radiation
monitoring;
(3) Provide data to confirm compliance with and implementation of
applicable regulations and DOE Orders; and
(4) Provide a consistent data base upon which decisions can be made
concerning airborne releases and appropriate control activities.
7. RADIOLOGICAL MONITORING.
a. Requirements for the environmental monitoring of radioactive materials
are to be found in DOE Orders in the 5400 series dealing with
radiation protection of the public and the environment. Airborne
radiation and radioactive materials discharged from DOE facilities
shall comply with the requirements of 40 CFR Part 61, "National
Emission Standards for Hazardous Air Pollutants." Further, for those
radioactive materials not regulated under the Clean Air Act, DOE has
established standards to meet its responsibilities under the Atomic
Energy Act.
b. An assessment of the potential radiation dose to members of the public
which could have resulted from site operations shall be made for
facilities required to conduct effluent and environmental radiological
monitoring. Assessments shall be made in accordance with the
requirements of DOE Orders in the 5400 series dealing with radiation
protection of the public and the environment.
8. NON-RADIOLOGICAL MONITORING.
a. Air Monitoring - Emissions.
(1) Air emission monitoring shall be in accordance with the
requirements of applicable Federal, State, and local regulations
authorized by the Clean Air Act (42 U.S.C. 7401, et^. sea.).
Section 118 of the Act specifically addresses the control of
airborne pollution from federal facilities. Design of air quality
monitoring programs should be undertaken with a thorough
understanding of the complex framework of air quality management.
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DOE 5400.1
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(2) Where applicable, DOE facilities shall comply with monitoring
requirements discussed in 40 CFR Part 60, which includes
monitoring of fossil fuel combustion sources and associated test
methods. Appendix A of 40 CFR Part 60 provides methods referred
to in 40 CFR Part 60.8 (Performance Tests) and 40 CFR Part 60.11
(Compliance with Standards and Maintenance Requirements).
(3) Large permanent facilities or modification to such facilities may
require a Prevention of Significant Deterioration (PSD) permit
prior to construction. In addition to pre- and post-operational
emission testing, the permit process may require up to a year of
meteorological and ambient air quality monitoring. Monitoring
shall conform to the EPA PSD monitoring regulations (40 CFR Part
58) which contain siting, quality assurance, and accuracy
requirements. Siting of monitoring stations requires the use of
atmospheric dispersion modeling to locate areas of expected
maximum offsite impact. The rules also identify specific
reference methods and equivalent method analyses which shall be
used for the program.
b. Air Monitoring - Environmental Surveillance.
(1) Ambient air quality monitoring programs should be designed to
accomplish the following:
(a) Establish background concentration levels of pertinent
chemical species;
(b) Determine the highest concentrations of the pertinent
pollutant species expected to occur in the vicinity of DOE
operations;
(c) Determine representative pollutant concentrations at areas
where public health and other concerns should be considered;
and
(d) Evaluate the effects of emissions on ambient levels of
pertinent contaminants.
(2) Where possible, background data should be gathered from existing
State and Local Air Monitoring Stations (SLAMS) which are required
by 40 CFR Part 58.20 to be provided for in a State's
implementation plan. Design considerations for siting any
supplementary air quality monitoring stations should include
emissions, meteorology and climatology, topography, and geography.
Specific requirements associated with ambient air quality
monitoring are found in regulations promulgated by EPA.
Particular attention shall be given to the following:
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DOE 5400.1
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IV - 7
(a) 40 CFR Part 50, "National Primary and Secondary Ambient Air
Quality Standards"
(b) 40 CFR Part 52, "State Implementation Plans"
(c) 40 CFR Part 53, "Ambient Air Monitoring Reference and
Equivalent Methods"
(d) 40 CFR Part 58, "Ambient Air Quality Surveillance"
c. Water Monitoring - Effluents.
(1) Under the authority of the Clean Water Act (33 U.S.C. 1251, et.
seo.). EPA has promulgated regulations for monitoring liquid
effluent discharges. In the National Pollutant Discharge
Elimination System (NPDES) established by section 402, the EPA
Administrator, or States with approved programs, after opportunity
for public hearing, issues permits that control and limit the
discharge of any pollutant to the waters of the United States.
(2) Where required, DOE facilities shall monitor liquid effluent
discharges. Federal regulations defining NPDES requirements for
monitoring nonradioactive effluents appear in the following:
(a) 40 CFR Part 123, "State Program Requirements"
(b) 40 CFR Part 124, "Procedures for Decisionmaking"
(c) 40 CFR Part 125, "Criteria and Standards for the National
Pollutant Discharge Elimination System"
(d) 40 CFR Part 129, "Toxic Pollutant Effluent Standards"
(3) NPDES permits contain specific and legally enforceable effluent
limitations and self-monitoring requirements for flow measurement
and sampling.
(4) In addition to rules promulgated under the Clean Water Act, DOE
- facilities shall satisfy monitoring requirements called for under
the Resource Conservation and Recovery Act (RCRA), as amended,
since under RCRA, a solid waste can be a liquid. Under RCRA, it
shall first be determined if a waste is hazardous. If a waste is
determined to be hazardous, the applicable regulations in 40 CFR
Parts 260 through 280 shall be implemented.
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DOE 5400.1
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d. Kater Monitoring - Environmental Surveillance.
(1) Ambient water quality monitoring should be conducted through a
network of fixed stations from which data will establish well-
defined histories of the physical, biological, and chemical
conditions of local bodies of water and sediments. The data
obtained from this network should be coordinated with other
monitoring activities. Water quality data may be obtained from
existing State and local monitoring stations.
(2) Analysis of data collected fro[n a fixed station monitoring network
should support:
(a) Characterizing and defining trends in the physical, chemical,
and biological condition of surface waters;
(b) Establishing baselines of water quality;
(c) A continuing assessment of water pollution control programs;
(d) Identifying new water quality problems; and
(e) Detecting, characterizing, and reporting unplanned releases
and their effects on water quality.
(3) Monitoring networks should be operated and maintained in a uniform
manner, i.e., through established procedures that allow
comparative evaluations of data from monitoring sites. Receiving
water characteristics will determine the location of stations. A
reconnaissance survey might be sufficient in siting stations.
Under complex circumstances, mathematical models could be needed
to select stations sites.
(4) Monitoring programs are best served by fixed station networks.
However, a network of effluent monitoring and selected mobile
monitoring stations could satisfy the needs at some facilities.
(5) Surface water sampling performed at fixed monitoring stations will
characterize physical and chemical properties of the water column
and sediments, and biological species in the water column and
benthos. Types of sampling performed should depend upon local
conditions and the variability of stream characteristics and water
quality.
(6) The monitoring frequency at a fixed network station is a function
of the variability of the chemical, physical, and biological
conditions of the water body. Data collected shall be
representative of the variations in water quality and changes in
pollutant loads. Varying sampling frequencies could be required
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IV-9
to accurately reflect seasonal changes, variable pollution
sources, time of water travel between stations, and tidal and
diurnal variations.
(7) Ambient water quality monitoring serves to confirm compliance with
the Clean Water Act. An understanding of the Water Quality
Management (WQM) process implemented by EPA, the States,
interstate agencies, and area-wide, local and Regional planning
organizations is essential to the design of a water quality
monitoring program. The elements of the WQM processes are
described in 40 CFR Part 130. Test procedures for pollutant
analyses are listed in the 40*CFR Part 136.
9. GROUNDWATER MONITORING PROGRAM. Groundwater that is or could be affected by
DOE activities shall be monitored to determine and document the effects of
operations on groundwater quality and quantity and to demonstrate compliance
with DOE requirements and applicable Federal, State, and local laws and
regulations.
a. Groundwater Monitoring Plans. A groundwater monitoring plan shall be
developed as a specific element of all environmental monitoring plans
and the Groundwater Protection Management Program required in page III-
2, subparagraph 4a. The plan shall identify all DOE requirements and
regulations applicable to groundwater protection and include monitoring
strategy. The elements of the groundwater monitoring program shall be
specified (sampling plan, sampling, analysis, and data management), as
shall the rationale or purpose for selecting these elements.
b. General Requirements. Groundwater monitoring programs shall be
conducted on-site and in the vicinity of DOE facilities to:
(1) Obtain data for the purpose of determining baseline conditions of
groundwater quality and quantity;
(2) Demonstrate compliance with and implementation of all applicable
regulations and DOE Orders;
(3) Provide data to permit the early detection of groundwater
pollution or contamination;
(4) Provide a reporting mechanism for detected groundwater pollution
or contamination.
(5) Identify existing and potential groundwater contamination sources
and to maintain surveillance of these sources;
(6) Provide data upon which decisions can be made concerning land
disposal practices and the management and protection of
groundwater resources.
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DOE 5400.1
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c. Site-specific characteristics shall determine monitoring needs. Where
appropriate, groundwater monitoring programs shall be designed and
implemented in accordance with 40 CFR Part 264, Subpart F, or 40 CFR
Part 265, Subpart F. For sites with multiple groundwater pollutant
sources, extensive groundwater pollution or other unique site problems,
groundwater monitoring programs could require more extensive information
than those specified in 40 CFR Parts 264 and 265. Monitoring for
radionuclides shall be in accordance with DOE Orders in the 5400
series dealing with radiation protection of the public and the
envi ronment.
10. QUALITY ASSURANCE AND DATA VERIFICATION.
a. Qua!itv Assurance. A quality assurance program consistent with DOE
5700.6B shall be established covering each element of environmental
monitoring and surveillance programs commensurate with its nature and
complexity. The quality assurance program shall include, but not be
limited to, the following:
(1)
Organizational responsibility;
(2)
Program design;
(3)
Procedures;
(4)
Field quality control;
(5)
Laboratory quality control;
(5)
Human factors;
(7)
Recordkeeping;
(8)
Chain-of-custody procedures;
(9)
Audits;
(10)
Performance reporting; and
(11) Independent data verification.
b. Laboratory Certification. DOE and DOE contractor laboratories shall
confirm the need and apply for any certification requirements with
appropriate Federal, State or local agencies. Where DOE operations
secure the support of outside contractor laboratories, this work shall
be conducted by appropriately certified laboratories.
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IV-11 (and IV-12)
c. HOE Laboratory Quality Assessment Program for Radioactive Material. All
DOE and contractor laboratories that conduct analytical work in support
of DOE environmental radiological monitoring programs for radioactive
materials shall participate in the DOE interlaboratory quality assurance
program coordinated by the DOE Environmental Measurements Laboratory,
New York, New York. Guidelines and procedures for this program shall be
issued annually by EH-1.
d. Independent Data Verification. EH-1, in consultation with the
appropriate PSO and field organization shall develop an independent data
verification program as a part of anvironmental monitoring programs at
DOE facilities. The program shall be in place no later than twelve
months after the effective date of this Order.
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Attachment IV-1
Page IV-13
SELECTED REFERENCES FOR ENVIRONMENTAL MONITORING
1. 40 CFR Part 60. "Standards of Performance for New Stationary Sources."
2. 40 CFR Part 61. "National Emission Standards for Hazardous Air Pollutants
3. 40 CFR Part 125. "Criteria and Standards for the National Pollutant
Discharge Elimination System."
4. 40 CFR Part 129. "Toxic Pollutant EffVuent Standards."
5. 40 CFR Part 130. "Water Quality Planning and Management."
6. 40 CFR Part 136. "Guidelines Establishing Test Procedures for the Analysis
of Pollutants."
7. 40 CFR Part 146. "Underground Injection Control Program: Criteria and
Standards."
8. 40 CFR Part 264. "Standards for Owners and Operators of Hazardous Waste
Treatment. Storage, and Disposal Facilities."
9. 40 CFR Part 265. "Interim Status Standards for Owners and Operators of
Hazardous Waste Treatment. Storage, and Disposal Facilities."
10. MCD-51. NPDES Compliance Sampling Inspection Manual. U.S. Environmental
Protection Aoencv. 1979.
11. EPA 600/4-82-029. Handbook for Sampling and Sample Preservation of Water.
U.S. Environmental Protection Agency. 1982.
12. EPA-600/4-79-020. Methods for Chemical Analysis of Water and Wastes. U.S.
Environmental Protection Agency. 1979.
13. EPA-60Q/7-77-088. Handbook for Analytical Quality Control in Radioanalvtical
Laboratories. U.S. Environmental Protection Aoencv. 1977.
14. EPA^fM>/7-77-14. Quality Control for Environmental Measurements Using Gamrna-
Rav Spectrometry. Environmental Monitoring and Support Laboratory. Las
Veoas. Nevada. 1977.
15. EPA 600/4-84-017. Technical Addition to Methods for the Chemical Analysis of
Water and Wastes. U.S. Environmental Protection Aoencv. 1984.
15. EPA 600/4-84-077. Characterization of Hazardous Waste Sites - A Methods
Manual. U.S. Environmental Protection Aoencv. 1984.
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17
IB
19
20
21
22
23
24
25
25
27
28
29
30
Attachment IV-1
Page IV-14
DOE 5400.1
11-9-88
SW-846. Test Methods for Evaluating Solid Waste. U.S. Environmental
Protection Agency. 1986.
Guidance for Air Quality Monitoring Network Design and Instrument Siting (40
CFR Part 58. Appendices D and E). U.S. Environmental Protection Agency.
January 1974.
SW-611. Procedures Manual for Groundwater Monitoring at Solid Waste
Facilities. U.S. Environmental Protection Agency. 1977.
0SWER-9950.1. RCRA Groundwater Monitoring Technical Enforcement Guidance
Document. U.S. Environmental Protection Agency. 1986.
EMSL-LV-0539-17. Radiochemical Analytical Procedures for Analysis of
Environmental Samples. U.S. Environmental Protection Agency. 1979.
NEIC Manual for Groundwater/Surface Investigations Center. U.S.
Environmental Protection Agency. 1981.
Methods of Air Sampling and Analysis. APHA Intersociety Committee. Morris
Katz. editor. 1983.
ANSI N.13.I-I969. Guide to Sampling Airborne Radioactive Materials in
Nuclear Facilities. American National Standards Institute.
Standard Methods for the Examination of Mater and Waste Waters. 16th
Edition. 1985. et. seo.. APHA-AWWA-WPCF.
HASL-300, HASL Procedures Manual. Environmental Measurements Laboratory.
Manual of Groundwater Sampling Procedures. National Water Well Association.
Uorthington, Ohio. 1981.
Groundwater Monitoring. L.G. Everett. General Electric Company. Schenectady.
NY. 1980.
Regulatory Guide 4.15. Quality Assurance for Radiological Monitoring
Programs (Normal Qperations)--Effluent Streams and the Environment. Revision
I. U.S. Nuclear Regulatory Commission. Office of Standards Development.
Washington. DC. 1979.
ID0-12096, Radiological and Environmental Sciences Laboratory Analytical
Chemistry Branch Procedures Manual. U.S. Department of Energy. Idaho Falls.
ID. 1982.
-------
DOE 5400.1
11-9-88
Attachment IV-1
Page IV-15 (and IV-16).
31. ANSI N.42.18-1980. Specification and Performance of On-site Instrumentation
for Continuously Monitoring Radioactivity in Effluents. American National
Standards Institute.
32. Air Pollutant Sampling and Analysis Deskbook. Cheremisinoff 1979.
33. AIRDOS-EPA: A Computerized Methodology for Estimating Environmental
Concentrations and Doses to Man from Airborne Releases of Radionuclides. Oak
Ridge National Laboratory. 0RNL-5532.
34. Test Report: Particulate Sampling Strategy in Circular Ducts. J. Brown and
"K. Yu. Emission Measurement Branch. Emissions Standards and Engineering
Division. U.S. Environmental Protection Agency. 1980.
35. GPO 055-000-00240-1. Permit Applicants Guidance Manual for Hazardous Land
Treatment. Storage and Disposal Facilities. U.S. Environmental Protection
Agency. 1984.
36. EPA 600-4-79-019. Handbook for Analytical Quality Control in Mater and
Wastewater Laboratories. U.S. Environmental Protection Agency. 1979.
37. EPA 450/2-78-027 R. Guideline on Air Quality Models (Revised!. U.S.
Environmental Protection Agency. 1986.
38. EPA 600/8-78-017. Microbiological Methods for Monitoring the Environment.
Mater and Waste. U.S. Environmental Protection Aoencv. 1978.
39. Identification of Technical Guidance Related to Groundwater Monitoring. Oak
Ridge National Laboratory. Environmental Sciences Division. June 1986.
40. EPA-520/5-84-006. Radiochemistrv Procedures Manual. U.S. Environmental
Protection Agency. 1984.
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Appendix L
RCRA Section 1006; Application of Act and integration with other Acts
-------
90 STAT. 2802 PUBLIC LAW 94-580—OCT. 21,1976
States and approved by the Administrator. In any such case, action
required to be taken by the Governor of a State,- respecting regional
designation-shall be required to be taken by the Governor of each of
the respective States with respect to so much of the interstate region
as is within the jurisdiction of that State.
"(b) Consent or Congress to Compacts.—The consent of the Con*
grass is hereby given to two or more States to negotiate and enter into
agreements or compacts, not in conflict with any iaw or treaty of the
United States, for—
"(1) cooperative effort and mutual assistance for the manage-
ment of solid waste or hazardous waste (or both) and the enforce-
ment of their respective laws relating thereto, and
u(2) the establishment of such agencies, joint or otherwise,
as they may deem desirable for making effective such agreements
or compacts.
No such agreement or compact shall be binding or obligatory upon any
State a party thereto unless it is agreed upon by all parties to tat
agreement and until it has been approved by the Administrator and
the Congress.
"APPLICATION or ACT AND INTEGRATION WITH OTHER ACTS
42 USC 6905. "Sec. 1006. (a) Application op Act.—Nothing in this Act shall be
construed to apply to (or to authorize any State, interstate, or local
authority to regulate) any activity or substance which is subject to the
33 USC 1251 Federal Water Pollution Control Act (88 UJS.C. 1151 and following),
note- the Safe Drinking Water Act (42 UJS.C. SOOf and following), ti*
Marine Protection, Research ana Sanctuaries Act of 1973 (83 UJ5.C.
1401 and following), or the Atomic Energy Act of 1954 (42 U&C.
2011 and following) except to the extent that such application (or
regulation) is not inconsistent with the requirements of such Acts.
"•(b) Integration With Other Acts.—The Administrator shall
integrate all provisions of this Act for purposes of administration and
enforcement and shall avoid duplication, to the extent prac-
ticable, with the appropriate provisions of the Clean Air Act (48
U.S.C. 1857 and following), the Federal Water Pollution Control Ad
33 USC 1251 (33 U.S.C. 1151 and following), the Federal Insecticide, Fungicide,
note- and liodenticide Act (7 UJ9.C. 135 and following), the Sale Drinking
Water Act (42 U.S.C. SOOf and following), the Marine Protection,
Research ana Sanctuaries Act of 1972 (88 U.S.C. 1401 and following)
and suoh other Acts of Congress as grant regulatory authority to the
Administrator. Such integration shall be effected only to the extent
that it can be done in a manner consistent with the goals and policies
expressed in this Act and in the other acts referred to in this subsection.
"financial disclosure
42 USC 6906. "Sec. 1007. (a) Statement. -Each officer or employee of the Admin-
istrator who—
"(1) performs any ,*uncti >r. or duty under this Act; and
" (2) has any luiova financial interest in any person who
applies for or receives financial .uwstance under tfiis Act
shall, Beginning on February 1,197T, annually file with the Admin-
istrator a written statement concern1 all such interests held by
such officer or employee dm-ing thi ; eding calendar year. Sucn
statement shall be available Xx, -he public.
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Appendix M
"Nuclear Exchange Brewing at NRC; Becquerel, Gray and Sievert May Obliterate
Curie, Rad and Rem," Washington Post; Tomas W. Lippman
-------
Nuclear Exchange Brewing at NRC
Becquerel, Gray and Sieved May Obliterate Curie, Rad and Rem
By Thomas W. Lippman
Washington Post Staff Writer
All right, class, now that you
have mastered the metric system,
now that you can easily measure in
meters, shop in grams and buy gas-
oline in liters, it's time for the next
step: learning to measure radiation
exposure by the new International
System of Units. Forget the curie,
pick up the becquerel.
The Nuclear Regulatory Com-
mission is trying to decide whether
the United States should adopt the
international vocabulary of radiation
measurement, known as SI from its
French initials. An NRC metrication
committee—headed by Zoltan
Rosztoczy, deputy director of the
division of regulatory applica-
tions—is expected to make its rec-
ommendations to the commission
late this year.
This issue is unlikely to galvanize
public attention, but it is of intense
interest to nuclear scientists, reac-
tor operators and regulators. Adop-
tion of SI would require the rewrit-
ing of untold thousands of pages of
regulations, operating instructions,
labels and training manuals and
probably the recalibration of testing
instruments at every nuclear site.
But it would simplify nuclear infor-
mation exchanges between the
United States and other nations.
"We saw this in the reporting on
the accident at Chernobyl," Rosz-
toczy said. "Reports from the Soviet
BY PETtR HOEY—THE WASHINGTON POST
/
Union, Sweden, Poland and Swit-
zerland were in one set of units;
reports in the United States were in
another set."
U.S. regulations on radiation ex-
posure are expressed in the tradi-
tional curie, rad and rem. A curie is
the amount of any radioactive ma-
terial that will decay at the rate of
37 billion disintegrations per sec-
ond. A radiation absorbed dose
(rad) is the deposition of 100 ergs
of energy in one gram of material
from ionization from any type of
radiation. A roentgen equivalent
man (rem) measures biological
damage to human tissue from ra-
diation. One rem equals the damage
that would be caused by one rad of
exposure to gamma radiation in the
body.
Holders of NRC reactor licenses
must adhere to exposure limits ex-
pressed in these terms. For exam-
ple, workers in nuclear power
plants may not be exposed to more
than 1.25 rem of whole body radi-
ation every three months. Exposure
of the public to radiation released
from a reactor cannot exceed 2 mil-
lirem in any hour or 100 millirem in
a seven-day period.
Under SI, adopted by the Inter-
national Atomic Energy Agency,
these units of measurement are
replaced by the becquerel (one 37-
billionth of a curie), the gray (100
rad) and the sievert (100 rem).
U.S. scientists are learning to
think in these units. But some sci-
entists are uncomfortable because
they regard the SI units as unwork-
able, according to T.E. Allen, a
health physicist at the NRC's train-
ing center in Chattanooga, Tenn.
"The basic problem we have is
that radiation exposures and doses
have been going down through the
years, getting smaller and smaller
because of improvements in con-
trols," Allen said. "Mostly now we
talk in millirems. But the sievert is
a very large number. It doesn't fit
everyday experience. It's as if we
were to start pricing gasoline by
the barrel instead of the gallon, so
I'd have to buy maybe one-hun-
dredth of a barrel for my lawn-
mower."
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Appendix N
NRC Technical Training Center Syllabus of Courses, 1989-1990
-------
The Nuclear
Regulatory
Commission
Technical
Training
Center
Syllabus of
Courses
Technical Training Center
Office for Analysis and
Evaluation of Operational
Data
ADDENDUM TO
Office of Personnel
Guide to Training
Opportunities
1989-1990
-------
TABLE OF CONTENTS
TOPIC PAGE
1. GE Reactor Technology Courses
GE Technology Course (R-101B) 1-1
GE Technology Course (R-106B) 1-2
GE Technology Course (R-206B) 1-3
GE Technology Course (R-306B) 1-4
GE Advanced Technology Course (R-506B) 1-5
GE Simulator Course (R-605B) 1-6
GE Simulator Course (R-606B) 1-7
GE Reactor Technology and Operations (RTO)
Simulator Course (R-611B) 1-8
GE Integrated Facility Operations (IFO) Simulator
Course (R-614B) 1-9
GE Emergency Operating Procedures (EOP) Simulator
Course (R-621B) 1-10
GE Simulator Refresher Course for Examiners (R-701B) 1-1i
GE Simulator Refresher Course for Inspectors (R-706B) 1-12
GE Nuclear Engineering Course (R-801B) 1-13
GE Maintenance Training Overview Course (R-802B) 1-14
GE Technical Managers Course (R-906B) 1-15
GE Severe Accident Overview Seminar (R-9118) 1-16
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TABLE OF CONTENTS
TOPIC PAGE
2- Westinghouse Reactor Technology Courses
Westinghouse Technology Course (R-101P) 2-1
Westinghouse Technology Course (R-104P) 2-2
Westinghouse Technology Course (R-204P) 2-3
Westinghouse Technology Course (R-304P) 2-4
Westinghouse Advanced Technology Course (R-504P) 2-5
Westinghouse Simulator Course (R-601P) 2-6
Westinghouse Simulator Course (R-604P) 2-7
Westinghouse Reactor Technology and Operations (RTO)
Simulator Course (R-611P) 2-8
Westinghouse Integrated Facility Operations (IFO)
Simulator Course (R-614P) 2-9
Westinghouse Emergency Operating Procedures (EOP)
Simulator Course (R-621P) 2-10
Westinghouse Simulator Refresher Course For Examiners
(R-701P) 2-11
Westinghouse Simulator Refresher Course For Inspectors
(R-704P) 2-12
Westinghouse Technical Managers Course (R-904P) 2-13
Westinghouse Severe Accident Overview Seminar (R-911P) 2-14
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TABLE OF CONTENTS
TOPIC PAGE
3. CE Reactor Technology Courses
CE Technology Course (R-305P) 3-1
CE Technology Course For Cross Qualification (R-325P) 3-2
CE Advanced Technology Course (R-505P) 3-3
CE Simulator Course (R-605P) 3-4
CE Integrated Facility Operation (IFO) Simulator
Course (R-615P) 3-5
CE Emergency Operating Procedures (EOP)
Simulator Course (R-622P) 3-6
CE Simulator Refresher Course For Examiners (R-702P) 3-7
CE Simulator Refresher Course For Inspectors (R-705P) 3-8
CE Technical Managers Course (R-905P) 3-9
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TABLE OF CONTENTS
TOPIC PAGE
4. B&W Reactor Technology Courses
B&W Technology Course (R-306P) 4-1
B&W Technology Course for Cross Qualification (R-326P) 4-2
B&W Advanced Technology Course (R-506P) 4-3
B&W Simulator Course (R-606P) 4--
B&W Integrated Facility Operations (IFO) Simulator
Course (R-615P) 4-5
B&W Emergency Operating Procedures (EOP)
Simulator Course (R-623P) 4-6
B&W Simulator Refresher Course For Examiners (R-703P) 4-7
B&W Simulator Refresher Course Inspectors (R-706P) 4-8
B&W Technical Managers Course (R-906P) 4-9
-------
TABLE OF CONTENTS
Other Reactor Technology Courses
Reactor Concepts Course (R-100)
-------
TABLE OF CONTENTS
TOPIC PAGE
6. Engineering Support Courses
Power Plant Engineering Course (E—110) 6-1
Emergency Diesel Generators Course (E-111) 6-2
Motorized Valve Actuators (E-112) 6-3
Welding Technology and Codes Course (E-303) 6-4
Electrical Technology and Codes Course (E-304) 6-5
Instrumentation Technology and Codes Course (E-305) 6-6
Nondestructive Examination (NDE) Technology
and Codes Course (E-306) 6-7
Eddy Current Testing Course (E-307) 6-8
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TABLE OF CONTENTS
TOPIC PAGE
7. Health Physics Courses
Site Access Training Course (H-100) 7-1
Site Access Refresher Training Course (H-101) 7-2
Hazardous Materials Course (H-102) 7-3
Fire Protection and Life Safety Course (H-103) 7-4
Safety and Health in the Chemical Industry Course (H-104) 7-5
In-Place Filter Testing Course (H-105) 7-6
Cold Chemistry Review Course (H-106) 7-7
Health Physics Technology Course (H-201) 7-8
Radwaste Management Course (H-202) 7-9
Radiological Emergency Response and Operations Course
(H-303) 7-10
Diagnostic and Therapeutic Nuclear Medicine Course (H-304)
(Formerly Medical Uses of Byproduct Material) 7-11
Safety Aspects of Industrial Radiography Course (H-305) 7-12
Radiological Emergency Planning Course (H-306) 7-13
Radiological Accident Assessment Course (H-307) 7-14
Transportation of Radioactive Materials Course (H-308) 7-15
Health Physics 1n Radiation Accidents Course (H-309) 7-16
Sample Collection and Laboratory Analytical Capabilities
Course (H-310) (Formerly Independent Measurements) 7-17
Respiratory Protection Course (H-311) 7-18
Whole Body Counting/Internal Dosimetry Course (H-312) 7-19
Teletherapy and Brachytherapy Course (H-313) 7-20
Safety Aspects of Well Logging Course (H-314) 7-21
Panoramic Pool Type Irradiators Course (H-315) 7-22
Advanced Health Physics Course (H-401) 7-23
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TABLE OF CONTENTS
TOPIC PAGE
8• Safeguards Courses
Operations and Maintenance of Intrusion Detection
Systems Course (S-320) 8-1
Reactor Safety Systems and Vital Equipment for
Safeguards Personnel (S-401) 8-2
Fundamentals of Nondestructive Assay of Nuclear Material
Course (S-602) 8-3
Neutron Assay of Nuclear Material Course (S-603) 8-4
Gamma-Ray Assay of Nuclear Material Course (S-604) 8-5
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TABLE OF CONTENTS
TOPIC PAGE
9. Inspection or Examination Techniques Courses
Fundamentals of Inspection Course (G-101) 9-1
Written Examination Techniques Course (G-103) 9-2
BWR Simulator Examination Techniques Course (G-104B) 9-3
PWR Simulator Examination Techniques Course (G-104P) 9-4
BWR Walkthrough Examination Techniques Course (G-105B) 9-5
PWR Walkthrough Examination Techniques Course (G-105P) 9-6
MORT-Accident/Incident Investigation Workshop (G-200) 9-7
Management Oversight and Risk Tree Analysis (MORT)
Seminar (G-201) 9-8
Accident/Incident Investigation Workshop (G-202) 9-9
Accident/Incident Investigation Workshop Refresher (G-203) 9-10
Inspecting for Performance Course (G-303) 9-11
PRA Basics for Inspection Applications Course (G-500) 9-12
Incident Investigation Team (I IT) Training Course (G-600) 9-13
-------
Appendix O
Joint NRC/EPA Guidance on a Conceptual Design Approach for Commercial
Mixed Low-Level Radioactive and Hazardous Waste Disposal Facilities
(Directive Number 9487.00-8)
-------
3EPA
UftHM Sl«(M
tnwonmtnui P'Macnon
0"e» o'
Soi
-------
MAR I 3 £S7
TO THE STATES AND COMPACT REGIONS:
SUBJECT: COMBINED NRC-EPA SITING GUIDELINES FOR DISPOSAL OF MIXED LOW-LEVEL
RADIOACTIVE AND HAZARDOUS WASTE
As you are aware, the Low-Level Radioactive Waste Policy Amendments Act of 1985
(LLRWPAA) established milestones (and penalties for not meeting these
milestones) to ensure adequate development of future disposal capacity for
comnercial low-level radioactive waste (LLW). The penalties are Quite severe
and the deadlines do not leave much room for slippage.
We would like to call to your attention the January 1, 1988 milestone (Section
5(e)(1)(B)) which requires that each non-sited compact or non-member state
develop a siting plan for a LLW disposal facility. These siting plans must
Include detailed procedures and a schedule for establishing a disposal facility
location and preparing a license application. Among other things, Section
5(e)(1)(B)(i11) provides that the siting plan shall:
"... identify, to the extent practicable, the process for (1) screening
for broad siting areas; (2) identifying and evaluating specific candidate
sites; and (3) characterizing the preferred site(s), ..."
This letter serves four purposes:
(1) to Inform states and compacts that, under current Federal law, the U.S.
Nuclear Regulatory Commission (NRC) and the U.S. Environmental Protection
Agency (EPA) have dual jurisdiction over mixed low-level radioactive and
hazardous waste (Mixed LLW); (2) to state that both NRC and EPA do not consider
the absence of EPA's final comprehensive location standards to be justification
for states and compacts to not meet their obligations under the LLRWPAA; (3) to
convey that both NRC and EPA are conmltted to providing guidance to states and
compacts who request help 1n their efforts to meet the January 1988 LLRWPAA
milestone for siting plans; and (4) to jointly transmit the NRC-EPA combined
siting guidelines for Mixed LLW (enclosed).
Dual statutory authority exists for Mixed LLW, which is regulated by the NRC
under the Atomic Energy Act (AEA), as amended, and by EPA under the Resource
Conservation and Recovery Act (RCRA), as amended. Mixed LLW is defined as
waste that satisfies the definition of LLW in the LLRWPAA and contains
hazardous waste that either is listed 1n 40 CFR Part 261 Subpart D or causes
the LLW to exhibit any of the hazardous waste characteristics Identified in 40
CFR Part 261 Subpart C. Both the NRC and EPA staffs consider that Mixed LLW
-------
- 2 -
can be disposed of 1n accordance with the above statutes and NRC and EPA
regulations.
In 1982, the NRC promulgated regulations containing minimum site suitability
requirements for LLW land disposal facilities under 10 CFR Part 61. In 1981,
EPA promulgated minimum location standards for hazardous waste treatment,
storage, and disposal facilities 1n 40 CFR Part 264. Section 3004(o)(7) of
RCRA, which was added by the Hazardous and Solid Waste Amendments of 1984
(HSWA), requires EPA to publish guidance identifying areas of vulnerable
hydrogeology; this guidance was completed and issued 1n July 1986. Section
3004(o)(7) of RCRA also requires EPA to specify criteria for the acceptable
location of new and existing hazardous waste treatment, storage, and disposal
facilities as necessary to protect human health and the environment. EPA
anticipates proposing these location standards in September 1987 and
promulgating them by September 1988. This schedule provides affected states
and compacts with a preview of the final standards and an opportunity to
comment on the standards before promulgation.
Because of uncertainty about the precise content of EPA's future location
standards, states and compacts may have questions regarding the site selection
process. Both NRC and EPA are comnltted to providing guidance to states and
compacts who request help in developing their siting plans by the January 1,
1988 deadline. Technical questions pertaining to siting a disposal facility
for Mixed LLW should be submitted in writing to either the NRC or EPA contacts
listed below, as appropriate.
For questions about the LLRWPAA
siting deadline or NRC's site
suitability requirements, contact:
For questions relating to
EPA's location standards
contact:
Dr. Sher Bahadur
Division of Waste Management
Mail Stop 623-SS
U.S. Nuclear Regulatory Conm1ss1on
Washington, D.C. 20555
Mr. Burnell Vincent
Waste Management Division
Mail Code WH-565
U.S. Environmental Protection
Agency
Washington, D.C. 20460
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- 3 -
In sunmary, if states and compacts observe the enclosed NRC-EPA combined siting
guidelines ana keep abreast of the developing EPA location standards, the
absence of final RCRA location standards should not prevent states and compacts
from meeting their obligations under the LLRWPAA.
Sincerely,
Hugfi u. Thompson, yK, Jrcrector
Office of Nuclear MateHal
Safety and Safeguards
U.S. Nuclear Regulatory Commission
Winston Porter
Assistant Administrator
Office of Solid Waste
and Emergency Response
U.S. Environmental Protection Agency
Enclosure:
As stated
-------
1
COMBINED NRC-EPA SITING GUIDELINES FOR DISPOSAL OF COMMERCIAL
MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTES
Introduction
The Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA)
requires states and compacts to develop siting plans for low-level radioactive
waste (LLW) disposal facilities by January 1, 1988. These disposal facilities
may receive commercial mixed low-level radioactive and hazardous waste (Mixed
LLW), which 1s regulated bv the U. S. Nuclear Regulatory Commission (NRC) under
the Atomic Energy Act (AEA), as amended, and by the U. S. Environmental
Protection Agency (EPA) under the Resource Conservation and Recovery Act
(RCRA), as amended. Mixed LLW is defined as waste that satisfies the
definition of LLW in the LLRWPAA and contains hazardous waste that either 1s
listed in Subpart D of 40 CFR Part 261 or causes the LLW to exhibit any of the
hazardous waste characteristics identified 1n Subpart C of 40 CFR Part 261. To
assist 1n applying that definition, NRC and EPA recently developed joint
guidance entitled "Guidance on the Definition and Identification of Coiraierclal
Mixed Low-Level Radioactive and Hazardous Waste and Answers to Anticipated
Questions" (Jan. 8, 1987). NRC has promulgated LLW regulations and EPA has
promulgated hazardous waste regulations that pertain to the siting requirements
for disposal facilities for Mixed LLW. Because of uncertainty about the
precise content of EPA's future location standards, states and compacts may
have questions regarding the site selection process. This document provides
combined NRC-EPA siting guidelines, to be used before EPA's new location
standards are promulgated, to facilitate development of siting plans for
disposal facilities that may receive Mixed LLW.
Section 5(e)(1)(B) of the LLRWPAA requires states and compacts to develop
siting plans for LLW disposal facilities by January 1, 1988. In addition to
other information, these siting plans must identify, to the extent practicable,
the process for (1) screening for broad siting areas, (2) identifying and
evaluating specific candidate sites, and (3) characterizing the preferred
site(s). It is anticipated that this process will be based primarily on the
site suitability requirements that apply to LLW disposal. If facilities also
receive Mixed LLW, their siting requirements will reflect additional
requirements that apply to disposal of hazardous waste as defined by RCRA.
In 1982, NRC promulgated regulations which contain minimum site suitability
requirements for LLW land disposal facilities in 10 CFR 61.50. EPA has also
promulgated minimum location standards for hazardous waste treatment, storage,
and disposal facilities in 40 CFR 264.18. Considerations affecting siting are
also found in 40 CFR 270.3, 270.14(b) and (c). Although both NRC and EPA have
incorporated siting requirements in existing regulations for LLW and hazardous
waste disposal, respectively, the 1984 Hazardous and Solid Waste Amendments
(HSWA) to RCRA require EPA to publish guidance identifying areas of vulnerable
-------
2
hydrogeology.- In July 1986, EPA published this guidance in "Criteria for
Identifying Areas of Vulnerable Hydrogeology under the Resource Conservation
and Recovery Act—Statutory Interpretative Guidance, July 1986, Interim Final
(PB-86-224953)." The 1984 HSWA also requires (in Section 3004(o)(7)) that EPA
specify criteria for the acceptable location of new and existing hazardous
waste treatment, storage, and disposal facilities. EPA anticipates proposing
these location standards 1n September 1987 and promulgating them in final form
by September 1988.
EPA's scheduled date for promulgating its final location standards 1s nine
months after the LLRWPAA January 1, 1988, milestone for non-sited states and
compacts to develop siting plans. Therefore, states and compacts may require
some assistance 1n their efforts to develop siting plans for LLW disposal
facilities that may receive Mixed LLW. The two agencies are Issuing these
combined guidelines to promote the development of siting plans by states and
compacts. Both NRC and EPA consider that the absence of EPA's final
comprehensive location standards for hazardous waste disposal facilities 1s not
an adequate basis for states and compacts to delay development of siting plans
for LLW disposal.
States and compacts should proceed at this time to develop siting plans 1n
accordance with the existing NRC and EPA requirements. The following combined
NRC-EPA guidelines are provided for use by the states and compacts, and ar$
based or existing NRC regulations in 10 CFR Part 61 and EPA regulations in 40
CFR Parts 264 and 270. As EPA continues its development of location standards,
both agencies will strive to keep states and compacts informed about the status
of the developing siting requirements.
Combined NRC-EPA Siting Guidelines
Site suitability requirements for land disposal of LLW are provided in 10 CFR
Section 61.50. These requirements constitute minimum technical requirements
for geologic, hydrologlc, and demographic characteristics of LLW disposal
sites. Several of these requirements identify favorable site characteristics
for near-surface disposal facilities for LLW. The majority of the site
suitability requirements, however, identify potentially adverse site
characteristics that must not be present at LLW disposal sites. The site
suitability requirements 1n 10 CFR Part 61 are Intended to function
collectively with the requirements for facility design and operation, site
closure, waste classification and segregation, waste form and packaging, and
institutional controls to assure isolation of LLW for the duration of the
radiological hazard. The NRC Technical Position entitled "Site Suitability,
Selection, and Characterization" (NUREG-0902) provides detailed guidance on
implementing the site suitability requirements in 10 CFR Part 61.
EPA has also promulgated certain minimum location standards for hazardous waste
treatment, storage, and disposal facilities. These standards are provided in
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3
40 CFR Section 264.18-. As previously noted, the hazardous waste regulations
also include other location considerations as well as applicable provisions of
other Federal statutes. For example, Subpart F of 40 CFR Part 264 requires
establishment of ground-water monitoring programs capable of detecting
contamination from land disposal units. While not a siting criterion jjer se,
this requirement can preclude siting 1n locations that cannot be adequately
monitored or characterized. A further description of location-related
standards and applicable provisions of other Federal statutes can be found in
the "Permit Writers' Guidance Manual for Hazardous Waste Land Storage and
Disposal Facilities: Phase I Criteria for Location Acceptability and Existing
Applicable Regulations" (Final Draft - Fetvruary 1985). This guidance manual
describes five criteria for determining location acceptability: ability to
characterize, exclusion of high hazard and unstable terrain, ability to
monitor, exclusion of protected lands, and identification of areas of
vulnerable hydrogeology. The first four of these criteria have a basis in the
regulations and are fully described 1n the manual. The fifth criterion,
vulnerable hydroceology, 1s defined 1n the RCRA Interpretive guidance manual
mentioned above (Criteria for Identifying Areas of Vulnerable Hydrogeology
under the Resource Conservation and Recovery Act—Statutory Interpretive
Guidance, July 1986, Interim Final (PB-86-224953)).
However, since HSWA also added other requirements 1n addition to location
standards to prevent or mitigate ground-water contamination, EPA recognizes
that vulnerable hydrogeology must be considered in conjunction with design and
operating practices. Vulnerability should not be the sole determining factor
in RCRA siting decisions. Rather, this criterion provides a trigger for more
detailed evaluation of sites that are Identified as having potentially
vulnerable hydrogeology. The extent of necessary site review and evaluation is
related directly to the extent to which a location "fails" or "passes" the
vulnerability criterion. Sites that are determined to be extremely vulnerable
will require much closer examination than sites that are deemed non-vulnerable.
The results of this more detailed review may then provide a basis for eventual
permit conditions or modifications in design or operating practices.
By combining the above technical requirements, standards, and guidance of both
agencies, NRC and EPA have formulated the eleven guidelines listed below. The
use of terms In the guidelines 1s consistent with their regulatory definitions
in 10 CFR Part 61 and 40 CFR Parts 260 and 264. The combined set of location
guidelines Is intended by the agencies to apply only as guidance to states and
compacts developing siting plans for LLW disposal facilities that may receive
Mixed LLW. These combined guidelines are not Intended to displace existing
standards and guidance. In addition, the independent guidance of both agencies
should be considered in any application of the combined siting guidelines.
The combined siting guidelines for a coimercial Mixed LLW disposal facility are
as follows:
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4
1. Primary emphasis in disposal site suitability should be given to
isolation of wastes and to disposal site features that ensure that the
long-term performance objectives of 10 CFR Part 61, Subpart C are met.
2. The disposal site shall be capable of being characterized, modeled,
analyzed, and monitored. At a minimum, site characterization must be able
to (a) delineate ground-water flow paths, (b) estimate ground-water flow
velocities, and (c) determine geotechnlcal properties sufficiently to
support facility design. At a minimum for site ground-water monitoring,
disposal site operators must be able to (a) assess the rate and direction
of ground-water flow in the uppermost aquifer, (b) determine background
ground-water quality, and (c) promptly detect ground-water contamination.
3. The disposal site must be generally well-drained (with respect to
surface water) and free of areas of flooding or frequent ponding.
4. The disposal site shall not be in the 100-year floodplain.
5. The site must be located so that upstream drainage areas are minimized
to decrease the amount of runoff that could erode or inundate waste
disposal units.
6. Disposal sites may not be located on lands specified in 10 CFR Section
61.50(a)(5), including wetlands (Clean Water Act) and coastal high hazard
areas (Coastal Zone Management Act). Location of facilities on the
following lands must be consistent with requirements of applicable Federal
statutes: archeologlcal and historic places (National Historic Places
Act); endangered or threatened habitats (Endangered Species Act); national
parks, monuments, and scenic rivers (Wild and Scenic Rivers Act);
wilderness areas (Wilderness Protection Act); and wildlife refuges
(National Wildlife Refuge System Administration Act).
7. The disposal site should provide a stable foundation for engineered
containment structures.
8. Disposal sites must not be located in areas where:
(a) tectonic processes such as faulting, folding,.seismic activity, or
vulcan1s» may occur with such frequency and extent to affect significantly
the ability of the disposal facility to satisfy the performance objectives
specified 1n Subpart C of 10 CFR Part 61, or may preclude defensible
modeling and prediction of long-term Impacts; in particular, sites must be
located more than 200 feet from a fault that has been active during the
Holocene Epoch;
(b) surface geologic processes such as mass wasting, erosion, slumping,
lar.dslidlng, or weathering occur with such frequency and extent to affect.
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5
significantly the ability of the disposal facility to meet the performance
objectives in Subpart C of 10 CFR Part 61, or may preclude defensible
modeling and prediction of long-term impacts;
.(c) natural resources exist that, if exploited, would result in failure to
meet the performance objectives in Subpart C of 10 CFR Part 61;
(d) projected population growth and future developments within the region
or state where the facility is to be located are likely to affect the
ability of the disposal facility to meet the performance objectives in
Subpart C of 10 CFR Part 61; and
(e) nearby facilities or activities could adversely impact the disposal
facility's ability to satisfy the performance objectives in Subpart C of
10 CFR Part 61 or cculd significantly mask an environmental monitoring
program.
9. The hydrogeologic unit beneath the site shall not discharge ground
water to the land surface within the disposal site boundaries.
10. The water table must be sufficiently below the disposal facility to
prevent ground-water intrusion into the waste, with the exception outlined
under 10 CFR Section 61.50(a)(7).
11. In general, areas with highly vulnerable hydrogeology deserve special
attention in the siting process. Hydrogeology 1s considered vulnerable
when ground-water travel time along any 100-foot flow path from the edge
of the engineered containment structure is less than approximately 100
years (Criteria for Identifying Areas of Vulnerable Hydrogeology Under
RCRA—Statutory Interpretive Guidance, ouly 1986, Interim Final-
(PB-86-224953)). Disposal sites located 1n areas of vulnerable
hydrogeology may require extensive, site-specific investigations which
could lead to and provide bases for restrictions or modifications to
design or operating practices. However, a finding that a site is located
1n an area of vulnerable hydrogeology alone, based on the EPA criteria, is
not considered sufficient to prohibit siting under RCRA.
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Appendix P
Combined NRC/EPA Siting Guidelines for Disposal of Commercial Mixed Low-Level
Radioactive and Hazardous Waste (Directive Number 9480.00-14)
-------
Uaitm Sl«t«« Oft'Ct of
tnvironm«nui P'ottction Sono w««i« «nd
*fl«ncy Em«rg«rcv R«wort«
6EPA
DIRECTIVE NUMBER: 9487.00-8
TITLE: Joint NRC-EPA Guidance on a Conceptual Design
Approach for Commercial Mixed Low-Level Radioactive
and Hazardous Waste Disposal Facilities
APPROVAL DATE: August 3, 1987
EFFECTIVE DATE: August 3, 1987
ORIGINATING OFFICE: osw
®FINAL
~ DRAFT
STATUS:
[ ] A- Pending 0MB approval
[ ] B- Pending AA-OSWER approval
[ ] C- For review &/or comment
[ ] D- In development or circulating
REFERENCE (other documents):
headquarters
CISWFR DQI/I/PO ncwci
rE DIRECTIVE DIRECTIVE
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OSWER DIRECTIVE *94 87.00-3
AUG 3 1987
TO THE STATES, COMPACT REGIONS, ANO ALL NRC LICENSEES
SUBJECT: JOINT NRC-EPA GUIDANCE ON A CONCEPTUAL DESIGN APPROACH FOR COMMERCIAL
MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE DISPOSAL FACILITIES
Under the Resource Conservation and Recovery Act (RCRA), the U.S. Environmental
Protection Agency (EPA) has jurisdiction over the management of solid wastes
with the exception of source, byproduct, and special nuclear material, which
are regulated bv the U.S. Nuclear Regulatory Commission (NRC) under the Atomic
Energy Act (AEAj. Low-Level Radioactive Wastes (LLW) contain source,
byproduct, or special nuclear materials, but they may also contain chemical
constituents which are hazardous under EPA regulations promulgated under
Subtitle C of RCRA. Such wastes are commonly referred to as Mixed Low-Level
Radioactive and Hazardous Waste (Mixed LLW).
Applicable NRC regulations control the byproduct, source, and special nuclear
material components of the Mixed LLW (10 CFR Parts 30, 40, 61, and 70); EPA
regulations control the hazardous component of the Mixed LLW (40 CFR Parts
260-266, 268 and 270). Thus, all of the individual constituents of Mixed LLW
are subject to either NRC or EPA regulations. However, when the components ar^
combined to become Mixed LLW, neither agency has exclusive jurisdiction under
current Federal law. This has resulted 1n dual regulation of Mixed LLW where
NRC regulates the radioactive component and EPA regulates the hazardous
component of the same waste.
The attached guidance document provides a conceptual design approach for Mixed
LLW disposal facilities. It has been developed jointly by the NRC and EPA to
assist commercial LLW disposal site operators and State and Regional Compact
regulatory agencies in designing disposal facilities that satisfy both EPA and
NRC regulations for Mixed LLW facilities. Although EPA is currently in the
process of promulgating regulations that further define the technical
parameters for the leak detection, leachate collection, and double liner
systems, affected parties may proceed to develop designs for disposal units
that will accept Mixed LLW in accordance with existing regulatory requirements.
Owners and operators should, however, keep abreast of developing EPA
regulations in this area. The attached guidance is based on NRC and EPA
regulations in effect on August 1, 1987.
The attached guidance presents a conceptual design approach that meets EPA's
regulations covering minimum technology requirements for liners and leachate
collection systems, and NRC's requirements for minimization of contact of waste
with water, while also assuring long-term stability and avoidance of long-term
maintenance which are required by both agencies. The concepts proposed in this
document are presented as general guidance; specific design details are
expected to be complementary to particular site conditions, so that a license
application will have to address site characteristics and their relationship to
a proposed design as well as the details of any engineered portion of the
facility. The application of this guidance will not affect the requirements
for waste disposal facilities to comply with all applicable NRC and EPA
regulations.
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OSWER DIRECTIVE *9487.00-3
2
The attached guidance should permit licensees to develop safe and effective
designs for disposal of Mixed LLW that fully meet the regulatory requirements
of both agencres. Depending on the particular type of conceptual design
selected by a licensee, EPA may permit variances to the requirements for double
liners and leachate collection systems.
Sincerely,
HirihJl. Thompson, r.,/01/ector
Orfcrce of Nuclear MateKal
Safety and Safeguards
U.S. Nuclear Regulatory Commission
J^/winston Porter
Assistant Administrator
Office of Solid Waste
and Emergency Response
U.S. Environmental
Protection Agency
Enclosure:
As stated
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OSWER DIRECTIVE #9487.00-d
3
JOINT NRC-EPA GUIDANCE ON A CONCEPTUAL DESIGN APPROACH FOR
COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS
WASTE DISPOSAL FACILITIES
Introduction
The Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA)
requires that the three operating low-level radioactive waste (LLW) disposal
facilities remain available through 1992. By that time, all states and compact
regions are required to assume complete responsibility for LLW disposal. Both
existing and hew disposal facilities may receive commercial mixed low-level
radioactive and hazardous waste (Mixed LLW), which is regulated by the U.S.
Nuclear Regulatory Commission (NRC) under the Atomic Energy Act (AEA), and by
the U.S. Environmental Protection Agency (EPA) under the Resource Conservation
and Recovery Act (RCRA). Mixed LLW is defined as waste that satisfies the
definition of LLW in the LLRWPAA and contains hazardous waste that either (1)
1s listed as a hazardous waste in Subpart D of 40 CFR Part 261 or (2) causes
the LLW to exhibit any of the hazardous waste characteristics identified in
Subpart C of 40 CFR Part 261. To assist in applying this definition, NRC and
EPA issued joint guidance entitled "Guidance on the Definition and
Identification of Coirmercial Mixed Low-Level Radioactive Waste and Answers to
Anticipated Questions" on January 8, 1987.
This jointly developed NRC-EPA guidance document presents a conceptual design
approach that meets the regulatory requirements of both agencies for the safe
disposal of Mixed LLW. Other designs, or variation of the proposed design
concept may also be acceptable under the requirements of both agencies and will
be reviewed on a case-by-case basis as received.
EPA regulations in 40 CFR Part 264, Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal Facilities, identify the
design and operating requirements for owners and operators that dispose of
hazardous waste in landfills [264.300 to 264.317]. These regulations involve
requirements for the installation of two or more liners and a leachate
collection and removal system (LCRS) above and between the liners to protect
human health and the environment. Exceptions to the double liner and leachate
collection system requirements are allowed, if alternative design and operating
practices, together with location characteristics, are demonstrated to EPA's
Regional Administrator to be equally effective in preventing the migration of
any hazardous constituent into the ground water or surface water.
NRC regulations in 10 CFR Part 61, Licensing Requirements for Land Disposal of
Radioactive Waste, indicate that long-term stability of the waste and the
disposal site require minimization of access of water to the waste [61.7(b)(2)]
and that the disposal site must be designed to minimize, to the extent
practicable, the contact of water with waste during storage, the contact of
standing water with waste during disposal, and the contact of percolating or
standing water with wastes after disposal [61.51(a)(6)]. The primary objective
of the above NRC regulations is to preclude the possibility of the development
of a "bath-tub" effect in which the waste could become irrmersed in liquid
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OSWER DIRECTIVE *9487.00-3
4
(e.g., from infiltration of surface water runoff) within a disposal unit below
grade with a low-permeability bottom surface.
The guidance on a conceptual design approach that is offered in the subsequent
paragraphs is intended to present basic design concepts that are acceptable in
addressing the regulations of both the NRC and EPA with respect to requirements
for liners, leachate collection systems and efforts to minimize the contact of
liquid with the waste. It should be recognized that the guidance is being
provided at the conceptual level and that the design and details that are
complementary to specific site conditions need to be engineered by potential
waste facility owners*and operators. "The application of the guidance in this
document will not affect the requirements for licensees of waste disposal
facilities to comply with all applicable NRC and EPA regulations.
Conceptual Design
Sketches and a brief discussion of the design considerations for an above grade
disposal unit are provided. This design concept has been developed primarily
to demonstrate the integration of EPA's regulatory requirements for two or more
liners and a leachate collection system above and between liners and the
regulations of the NRC that require the contact of water with the waste be "
minimized. In addition, the design concept fulfills the need under both
agencies' regulations to assure long-term stability and minimize active
maintenance after site closure.
In this approach, the Mixed LLW would be placed above the original ground
surface in a tumulus that would be blended into the disposal site topography.
Schematic details of some of the principal design features of an above grade
Mixed LLW disposal unit are provided in the sketches accompanying this guidance
document. Figure 1 depicts the three dimensional overall view of a conceptual
Mixed LLW disposal unit; Figure 2 provides details of the perimeter berm,
liners, and leachate collection system; Figure 3 presents a cross-sectional
view of the covered portion of the disposal unit; and Figure 4 describes the
final cover system.
In the overall view of the Mixed LLW disposal facility, the double liners and
leachate collection and removal system are installed before the emplacement of
the Mixed LLW; and the cover system is added at closure. The leak detection
tank and leachate collection tank are encircled by a berm that controls surface
water runoff from precipitation that would fall directly on the waste facility
site. The drainage pipes in the upper primary collection system would collect
any leachate that could possibly develop above the top flexible membrane liner
and below the emplaced waste. Any leachate collected would drain through the
pipes to the primary leachate collection tank where the leachate would be
tested and treated, if required. Any leachate collected by the lower leachate
collection and removal system would drain to the leak detection tank. The
development of significant amounts of leachate from the solidified waste after
closure is not anticipated. This is because the closure requirements provide
that the cover must be designed and constructed 1) to provide long-term
minimization of water infiltration into the closed disposal facility, 2) to
function with minimum maintenance, 3) to promote drainage and minimize erosion,
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OSWER DIRECTIVE #9487.00-8
5
and 4) to have a permeability less than or equal to the permeability of any
bottom liner system. It is anticipated that the area shown on Figure 3 between
the slope of the final cover and the run-on control berm, where the tanks are
located, would be regraded and the tanks removed at the end of the post-closure
care period (normally 30 years) when leachate development and collection is no
longer a problem;
Figure 2 provides the general details required by EPA regulations for the
double liner and leachate collection and removal system. The perimeter berm
for leachate runoff control would assure that all leachate is collected below
the waste and safely contained and transported through the drainage layers and
pipes to the tanks located outside the final cover slope. NRC's regulations
requiring minimizing contact of the waste with water are fulfilled by requiring
the waste to be placed above the level of the highest water table fluctuation
and above the drainage layers where leachate would collect. The bottom
elevation of the solidified Mixed LLW would be required in all Instances to be
at elevations above the top of the perimeter berm.
In Figures 3 and 4, the design concepts for the final cover over the solidified
waste zone and the perimeter berm are presented. The actual zone for placement
of solidified Mixed LLW may consist of different options, depending on the •
licensee's selection. Options that would be acceptable include use of stable
high integrity waste containers (HICs) that have the spaces between containers
filled with a cohesionless, low compressible fill material or placement of the
waste in an engineered structure, such as a reinforced concrete vault. A cover
system over the waste that would be acceptable to the EPA and NRC is shown in
Figure 4. The cover system would consist of (1) an outer rock or vegetative
layer to minimize erosion and provide for long-term stability, (2) a filter and
drainage layer that transmits infiltrating water off of the underlying low
permeability layers, (3) an impervious flexible membrane liner overlying a
compacted low permeability clay layer, 3.nd (4) a filter and drainage layer
beneath the compacted clay layer. If cne solidified waste zone does not
consist of an engineered vault structure with a top roof, an additional
compacted clay layer should be placed immediately above the emplaced waste to
direct any water infiltration away from the waste zone. Mixed LLW that
contains Class C waste as designated by NRC's regulations would need to provide
sufficient thickness of cover materials or an engineered intruder barrier to
ensure the required protection against inadvertent intrusion.
Variations on the above described design approach may include placement of the
Mixed LLW in an engineered reinforced concrete vault, a steel fiber
polymer-impregnated concrete vault, or double-lined high integrity containers
that are hermetically sealed. If proposed by license applicants, these
variations would be reviewed by both the EPA and NRC on a case-by-case basis to
evaluate their acceptability and conformance with established Federal
regulations.
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OSWER DIRECTIVE #9487.00-8
6
For questions related to NRC regulations and design requirements, contact:
Or. Sher Bahadur, Project Manager
Division of Low-Level Waste Management
and Decommissioning
Mail Stop 623-SS
U.S. Nuclear Regulatory Commission
Washington, DC 20555
Facility specific questions, permitting requirements, variances and other
related concerns shouuld be addressed to either the EPA Regional office or State
agency authorized to administer the mixed waste program as appropriate. For
general questions related to EPA regulations and design requirements, contact:
Mr. Kenneth Skahn, Senior Engineer
Waste Management Division
Mall Stop WH-565E
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
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OSWER DIR
VR # 94H7 . (M)-U
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WASIF DOUBLE LINER \ LEACHKTE
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leaciiaie acRs^
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LEACIIAIE COLLECTION MANIFOLD
LEACIIAll; COLLECTION TANK
-LEM< OE.1E.CTIOVI TTvMK
FIGURE, i- MlXtD waste. DISPOSAL FACILITY
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OSWER DIRECTIVE #94H7.¦>()-»
SEPARATION TO ASSURE.
V.Gi\CH/VTE. FLOW INTO LCRS
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-------
OSWER 131R
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POST-CLOSURE CKRE PERlOO
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OSWER DIRECT I VK #94H7.D0-H
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SEPARATION "To ASSURE
LE-ACWAnTE. FLOW INTO V.CR5
FIGURE 4 - WASTE COVER SYSTEM
(^MERTxcAL SCAL£ EXAGGERATED )
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Appendix Q
Guidance on the Definition and Identification of Commercial
Mixed Low-Level Radioactive and Hazardous Waste
and Answers to Anticipated Questions
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OCT 41989
OFFICE OF
SOLID WASTE ANO EMERGENCY RESPONSE
TO ALL NRC LICENSEES:
SUBJECT: GUIDANCE ON THE DEFINITION AND IDENTIFICATION OF
COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS
WASTE AND ANSWERS TO ANTICIPATED QUESTIONS
The U.S. Environmental Protection Agency (EPA) has
jurisdiction under the Resource Conservation and Recovery Act
(RCRA) over the management of wastes with the exception of
radioactive wastes subject to the Atomic Energy Act (AEA).
Accordingly, commercial use and disposal of source, byproduct
and special nuclear material wastes are regulated by the U.S.
Nuclear Regulatory Commission (NRC) to meet EPA environmental
standards. Under the AEA Low-Level Radioactive Wastes (LLW)
contain source, byproduct, or special nuclear material, but they
may also contain chemical constituents which are hazardous under
EPA regulations in 40 CFR Part 261. Such wastes are commonly
referred to as Mixed Low-Level Radioactive and Hazardous Waste
(Mixed LLW).
NRC regulations exist to control the byproduct, source, and
special nuclear material components of commercial Mixed LLW; EPA
has the authority and continues to develop regulations to control
the non-radioactive component of the Mixed LLW. Thus, the
individual constituents of commercial Mixed LLW are subject to
either NRC or EPA regulations. However, when the components are
combined to become Mixed LLW, neither statute has exclusive
jurisdiction. This has resulted in a situation of dual
regulation where both NRC and EPA may regulate the same waste.
Enclosed is the revised guidance document entitled, "Guidance
on the Definition and Identification of Commercial Mixed
Low-Level Radioactive and Hazardous Waste." This document was
developed jointly by the NRC and EPA to aid commercial LLW
generators in assessing whether they are currently generating
Mixed LLW. It is based on NRC and EPA regulations in effect on
December 31, 1988.
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2
Notice of availability of the guidance document and request
for comments were published in the Federal Register on April 7,
1987, and comments were subsequently received. We have addressed
public comment in the question and answer section of the guidance
document to provide clarification of those major issues which
were raised.
Sincerely,
Jonathan Zif Cannon, Acting
Assistant Administrator
Office of 'Solid Waste and
Emergency Response
U.S. Environmental Protection
Agency
Robert Bernero, Director
Office of Nuclear Material
Safety and Safeguards
U.S. Nuclear Regulatory
Commission
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GUIDANCE ON THE DEFINITION AND IDENTIFICATION
OF COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE
Definition
Mixed Low-Level Radioactive and Hazardous Waste (Mixed LLW)
is defined as waste that satisfies the definition of low-level
radioactive waste (LLW) in the Low-Level Radioactive Waste Policy
Amendments Act of 1985 (LLRWPAA) and contains hazardous waste
that either (1) is listed as a hazardous waste in Subpart D of 40
CFR Part 261 or (2) cause the LLW to exhibit any of the hazardous
waste characteristics identified in Subpart C of
40 CFR Part 261.
Identification
The policy provided in this guidance was developed jointly by
the U.S. Nuclear Regulatory Commission (NRC) and the U.S.
Environmental Protection Agency (EPA). LLW that contains
hazardous wastes defined under the Resource Conservation and
Recovery Act (RCRA) is Mixed LLW. Under current Federal law,
such waste is subject to regulation by NRC under the Atomic
Energy Act (AEA), as amended, and by EPA under RCRA, as amended.
In the absence of legislation to the contrary, management and
disposal of this waste must be conducted in compliance with NRC
and EPA or equivalent state regulations.
This guidance presents a methodology (Figure 1) that may be used
by generators of commercial LLW to identify Mixed LLW.
Implementation of the methodology should identify Mixed LLW and
aid generators in assessing whether they are currently generating
Mixed LLW. Generators are cautioned, however, that application
of the methodology does not affect the need to comply with
applicable NRC and EPA regulations. Because EPA's regulations
for hazardous waste are currently changing, generators should use
applicable regulations that are in effect at the time of
implementation of the methodology. This guidance has been
prepared based on NRC and EPA regulations in effect on
December 31, 1988.
Application of this methodology to identify Mixed LLW will reveal
the complexities of the definition of Mixed LLW. If generators
have specific questions about whether LLW is Mixed LLW, they
should promptly contact the agencies by writing to the persons
listed below.
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- 2 -
For questions about whether the
waste is low-level radioactive
waste, contact:
For questions about wheth*
the waste is hazardous
waste, contact:
Mr. Dan E. Martin
Division of Low-Level Waste
Ms. Betty Shackleford
Mixed Waste Coordinator
Permits and State
Management and Decommissioning
U.S. Nuclear Regulatory Commission
Mail Stop WF5E4
Washington, D.C. 20555
Programs Division
Mail Code OS-342
U.S. Environmental
Protection Agency
401 M St., S.W.
Washington, D.C. 20460
Methodology
Step l. Identify LLW
Step 1 in the methodology requires that the generator determine
whether the waste is LLW as defined in the LLRWPAA. This Act defines
LLW as radioactive material that (A) is not high-level radioactive
waste, spent nuclear fuel, or byproduct material as defined in
section lle(2) of the AEA (i.e., uranium or thorium mill tailings)
and (B) the NRC classifies as LLW consistent with existing law and in
accordance with (A). If the generator determines that the waste is
LLW, the generator should proceed to step 2. If the determination i,
negative, then the waste cannot be Mixed LLW because it is not LLW.
However, the waste may be another radioactive or hazardous waste
regulated under AEA, RCRA, or both statutes.
Step 2. Identify Listed Hazardous Waste
In step 2, the generator determines whether the LLW contains any
hazardous wastes listed in Subpart D of 40 CFR Part 261. Subpart D
of Part 261 is reproduced in Appendix I of this guidance. LLW is
Mixed LLW if it contains any hazardous wastes specifically listed
in Subpart D of 40 CFR Part 261. Listed hazardous wastes include
hazardous waste streams from specific and non-specific sources listed
in 40 CFR Parts 261.31 and 261.32 and discarded commercial chemical
products listed in 40 CFR Part 261.33. The generator is responsible
for determining whether LLW contains listed hazardous wastes. The
determination should be based on knowledge of the process that
generates the waste. For example, if a process produces LLW that
contains spent solvents that are specifically listed in the tables
of Subpart D of Part 261, the generator should suspect that the waste
is Mixed LLW.
-------
Figure 1. Identification of Mixed LLW.
-------
- 4 -
Step 3. Identify Hazardous Characteristics
If the LLW does not contain a listed hazardous waste, Step 3 of the
methodology requires the generator to determine whether the LLW
contains hazardous wastes that cause the LLW to exhibit any of the
hazardous waste characteristics identified in Subpart C of 40 CFR
Part 261. This determination can be based on either (1) an
assessment of whether the LLW exhibits one or more of the hazardous
waste characteristics because it contains non-AEA materials (i.e.,
materials other than source, special nuclear, and byproduct
materials) based on the generator's knowledge of the materials or
processes used in generating the LLW or (2) testing of the LLW in
accordance with the methods identified in Subpart C of Part 261.
Except for certain ores containing source material, which are
defined as source material in 10 CFR 40.4(h), and uranium and
thorium mill tailings or wastes, NRC and EPA interpret the
definitions of source, special nuclear, and byproduct materials to
include only the radioactive elements themselves. Generators
should identify non-AEA materials contained in the LLW by examining
the process that generates the waste. For example, if the process
mixes byproduct material (an AEA material) with a volatile organic
solvent (a non-AEA material), the generator would determine either
through his knowledge or testing of representative samples of the
LLW that contain the solvent waste whether the waste exhibits any
of the hazardous waste characteristics because it contains the
solvent.
If the wastes are tested, the generator should collect and test
representative samples of the LLW to determine if the waste
exhibits any of the characteristics identified in Subpart C because
it contains the non-AEA materials. These characteristics include
ignitability (Section 261.21), corrosivity (Section 261.22),
reactivity (Section 261.23), and Extraction Procedure (EP) toxicity
(Section 261.24). Waste testing should be conducted in a manner
that is consistent with the worker protection requirements in
10 CFR Part 20. The purpose of the characteristics tests is to
identify hazardous wastes that are not specifically listed in
Subpart D of 40 CFR Part 261. Test methods to collect
representative samples of wastes are described in Appendix I of
40 CFR Part 261. The samples should then be tested using the
referenced testing protocols (e.g., ASTM Standard D-93-79 or
D-93-80 for the Pensky-Martens Closed Cup Ignitability Test).
EPA's testing requirements are reproduced in Appendix II of this
guidance. It should be noted that on June 13, 1986, EPA proposed
a modification to the EP Toxicity testing requirements to include
organic constituents.
If LLW contains a listed hazardous waste or non-AEA materials that
cause the LLW to exhibit any of the hazardous waste
characteristics, the waste is Mixed LLW and must, therefore, be
managed and disposed of in compliance with EPA's Subtitle C
hazardous waste regulations in 40 CFR Parts 124, and 260 through
270, and NRC's regulations in 10 CFR Parts 20, 30, 40, 61, and 70.
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- 5 -
Management and disposal of Mixed LLW must be conducted in compliance
with state requirements in states with EPA-authorized regulatory
programs for the hazardous components of such waste and NRC agreement
state radiation control programs for LLW.
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- 1 -
Questions and Answers
As a supplement to the Guidance on the Definition and Identification
of Commercial Mixed Low-Level Radioactive and Hazardous Waste (Mixed
LLW), answers to anticipated questions are included to clarify
obscure points and to respond to public comments.
1. Are my low-level radioactive wastes exempt from RCRA because they
are source, special nuclear, or byproduct materials as defined
under the AEA?
Except for certain ores containing source material, which are defined
as source material in 10 CFR 40.4(h), and uranium and thorium mill
tailings or wastes, NRC and EPA consider that only the radionuclides
themselves are exempt from RCRA. Section 1004(27) of RCRA excludes
source, special nuclear, and byproduct material from the definition
of "solid waste." RCRA defines solid waste as:
"any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control
facility and other discarded material, including solid,
liquid, semisolid, or contained gaseous material resulting
from industrial, commercial, mining, and agricultural
operations, or from community activities, but does not
include solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources
subject to permits under section 402 of the Federal
Waster Pollution Control Act, as amended (86 Stat. 880),
or source. special nuclear, or byproduct material as defined
by the Atomic Energy Act of 1954, as amended (68 Stat. 923)."
[emphasis added]
Since "hazardous waste" is a subset of "solid waste," RCRA also
excludes source, special nuclear, and byproduct materials from the
definition of hazardous waste and, therefore, from regulation under
EPA's RCRA Subtitle C program. Section 11 of the Atomic Energy Act,
as amended, defines these radioactive materials as follows:
Source material means (1) uranium, thorium, or any other
material which is determined by the Atomic Energy Commission
(AEC) pursuant to the provisions of section 61 of the AEA
to be source material, or (2) ores containing one or more
of the foregoing materials, in such concentration as the
AEC may by regulation determine from time to time.
Special nuclear material means (1) plutonium, uranium
enriched in the isotope 233 or in the isotope 235, and any
other material which the AEC, pursuant to the provisions
of Section 51 of the AEA, determines to be special nuclear
material; or (2) any material artificially enriched by any
of the foregoing, but does not include source material.
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- 2 -
Byproduct material means (l) any radioactive material
(except special nuclear material) yielded in or made
radioactive by exposure to radiation incident to the
process of producing or utilizing special nuclear
material, and (2) the tailings or wastes produced by
the extraction or concentration of uranium or thorium
from any ore processed primarily for its source material
content.
Source, special nuclear, and byproduct materials, however, may be
mixed with other radioactive or non-radioactive materials that are
not source, special nuclear, or byproduct materials. For example,
tritium may be contained in toluene, a nonhalogenated aromatic
solvent. Consistent with the definition of byproduct material, the
tritium may be considered a byproduct material, while the toluene
that contains the tritium would not be byproduct material. Mixtures
of toluene and tritium could satisfy the definition of Mixed LLW
because they contain listed hazardous waste (spent toluene) and
tritium that may qualify as LLW if it has been produced by activities
regulated by NRC under the AEA.
2. What are some examples of Mixed LLW?
A preliminary survey performed for the NRC identified two potential
types of Mixed LLW:
o LLW containing organic liquids, such as scintillation
liquids and vials; organic lab liquids; sludges;
and cleaning, degreasing, and miscellaneous solvents.
o LLW containing heavy metals, such as discarded lead
shielding, discarded lined containers, and lead
oxide dross containing uranium oxide; light water
reactor (LWR) process wastes containing chromate and
LWR decontamination resins containing chromium; and
mercury amalgam in trash.
The preliminary survey concluded that potential Mixed LLW comprises
a small percentage of all LLW. For example, LLW containing organic
liquids accounted for approximately 2.3% by volume of LLW reported
in the preliminary survey (Bowerman, et al.. 1985).
An earlier survey identified a more diverse universe of potential
Mixed LLW including wastes that contained aldehydes, aliphatic
halogenated hydrocarbons, alkanes, alkenes, amino acids, aromatic
hydrocarbons, chelating agents, esters, ethers, ketones,
nitrosaminee, nucleotides, pesticides, phenolic compounds, purines,
resins, steroids, and vitamins (General Research Corporation, 1980).
NRC also anticipates that additional LLW may be identified as Mixed
LLW in the future, as generators implement the definition of Mixed
LLW and as EPA revises the definition of hazardous waste.
-------
- 3 -
3. Could some "below regulatory concern" wastes be considered Mixed
LLW?
A determination that radioactive wastes are below regulatory concern
(BRC) for radioactivity may affect how the wastes are managed or
discarded, but it does not affect the legal status of the wastes.
Specifically, their status with respect to the definition of Mixed
LLW does not change. BRC waste is still LLW because it satisfies
the definition of LLW in the LLRWPAA and is within the NRC's
jurisdictional authority under the AEA.
When radioactive waste contains sufficiently low concentrations or
quantities of radionuclides, NRC may find that they do not need to
be managed or disposed of as radioactive wastes. For NRC to make
such a finding, management and disposal of the waste must not pose
an undue radiological risk to the public and the environment.
However, NRC's determination that the radioactive content of the
wastes is below NRC regulatory concern does not relieve licensees
from compliance with applicable rules of other agencies governing
non-radiological hazards (e.g., regulations of EPA or the Department
of Transportation).
Therefore, some BRC wastes may still be considered Mixed LLW if they
contain hazardous wastes that have been listed in Subpart D of 40 CFR
Part 2 61 or that cause the LLW to exhibit any of the hazardous
characteristics described in Subpart C of 40 CFR Part 261. BRC Mixed
LLW may be managed without regard to its radioactivity (but it must
still be managed as a hazardous waste in compliance with EPA's
regulations for hazardous waste generation, storage, transportation,
treatment, and disposal (cf. 40 CFR Parts 262 through 266)).
4. If I use chemicals in my process that are identified by EPA as
hazardous constituents, should I assume that my LLW is Mixed LLW?
No. Low-level radioactive waste that contains hazardous constituents
may not necessarily be Mixed LLW. As defined above, Mixed LLW is LLW
that contains a known hazardous waste (i.e., a listed hazardous
waste) or that exhibits one or more of the hazardous characteristics
because it contains non-AEA materials. For wastes that are not
listed in Subpart D of 40 CFR Part 261, testing is not necessarily
required to "determine" whether the LLW exhibits any of the hazardous
characteristics. A generator may be able to determine whether the
LLW is Mixed LLW based on knowledge of the waste characteristics or
the process that generates the LLW.
Furthermore, if the generator normally segregates LLW from hazardous
and other types of wastes, there is no need to assume that hazardous
wastes may have been inadvertently mixed with LLW or to inspect each
container or receptacle to ensure that inadvertent mixing has not
occurred. Although the generator is subject to RCRA inspections and
must follow the manifest, pre-transport, and other requirements of
-------
- 4 -
40 CFR Part 262, the generator is not required to demonstrate
that every LLW container does not contain hazardous waste.
5. How can I obtain representative samples of heterogeneous
trash included in LLW to perform the hazardous
characteristics tests?
Before discussing the collection of representative samples
of waste, generators are reminded that they are not required
to test LLW to determine if the waste contains hazardous
wastes. Generators and handlers of mixed waste and hazardous
waste can declare their wastes hazardous or nonhazardous based
on knowledge of the process/production of the waste, in lieu of
testing for a characteristic.
Representative samples of waste should be collected for testing
in accordance with EPA's regulations in 40 CFR 261.20(c), which
state that waste samples collected using applicable methods
specified in Appendix I of Part 261 will be considered as
representative samples for hazardous characteristics testing.
This appendix has been included in its entirety in Appendix II
of this guidance. The sampling techniques described in
Appendix I of Part 261 apply to extremely viscous liquids, fly
ash-like material, containerized liquid wastes, and liquid
wastes in pits, ponds, lagoons, and similar reservoirs. In the
absence of guidance about sampling heterogeneous wastes,
generators should use appropriate portions of the sampling
methods described in Appendix I of Part 261 and EPA's manual
entitled "Test Methods for Evaluating Solid Waste, Third
Edition (i.e., SW-846) in combination with other methods to
collect, to the maximum extent practicable, representative
samples of the waste to be tested.
6. Are lead containers whose primary use is for shielding in
disposal operations, hazardous waste under RCRA?
No. While lead containers and lead container liners may
exhibit the hazardous characteristic for lead, those containers
whose primary use is for shielding in low-level waste disposal
operations are not considered wastes and thus, are not subject
to the hazardous waste rules. These same containers and liners
if disposed of or discarded would be considered wastes and if
they exhibit the hazardous characteristic, would be subject to
the hazardous waste rules.
It should be noted that EPA recognizes that all lead containers
and liners may be equally hazardous to human health and the
environment when placed in the ground independent of its legal
classification as a waste or container. Therefore, EPA
recommends that all lead containers and lead liners be managed
in an environmentally safe manner (e.g., managed in a permitted
hazardous waste facility or treated such that it no longer
exhibits its characteristic).
-------
- 5 -
Encapsulation may be a viable mechanism to mitigate lead
migration from these containers and liners. The EPA has not
evaluated specific containers or encapsulation methodologies
using the EP Toxicity test.
7. If a waste contains any of the constituents listed on Appendix
VIII of Part 261, is it a hazardous under RCRA?
No. Under RCRA, a waste is hazardous if it is a "listed" waste or
it exhibits a hazardous characteristic. Wastes are listed by EPA
if they contain significant amounts of toxic constituents identified
in Appendix VIII, and the Agency has determined that these toxic
constituents are persistent and mobile to some degree such that they
pose a potential and substantial threat to human health and the
environment. (Factors outlined in 40 CFR 261.11(a)(3)(i)-(xi), which
include nature of the toxicity present and potential degradation
products, may be considered when determining whether or not a waste
should be listed). However, until the Agency lists the wastes in
Subpart D of Part 261, they would not be considered hazardous by EPA
(even if the waste contains one or more of the hazardous constituents
listed on Appendix VIII) unless the waste would exhibit one or more
of the hazardous waste characteristics.
References
Bowerman, B. S., Kempf, C. R., MacKenzie, D. R., Siskind, B. and
P. L. Piciulo, 1985, "An Analysis of Low-Level Wastes: Review
of Hazardous Waste Regulations and Identification of Radioactive
Mixed Wastes," NUREG/CR-4406, U.S. Nuclear Regulatory
Commission.
General Research Corporation, 1980, "Study of Chemical Toxicity of
Low-Level Wastes," NUREG/CR-1793, U.S. Nuclear Regulatory
Commission.
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Appendix I
-------
Subpart 0—List* of Hazardous
Wastes
S 261.30 General.
(a) A solid waste is a hazardous
waste if it is listed In this subpart,
unless It has been excluded from this
list under IS 260.20 and 260.22.
(b) The Administrator will Indicate
his basis for listing the classes or types
of wastes listed in this Subpart by em-
ploying one or more of the following
Hazard Codes:
igrvtaM Watta . (I)
COffQVM Wlftl — — (Q
n—cm< wan* ...
-------
0 261.31 Hazardous vastes from non*speci/lc sources.
The following solid wastes are listed hazardous wastes from non-specific
sources unless they are excluded under l! 260.20 and 260 22 and listed in Appen-
dix IX.
indmtry tno E'a ,«
win# %c Htzaroout «uta ^
— coo*
e0' i
*h* fpawwng «wn n*iaganat*o aor»*nu uaae n Mgrwang 'nr»crM.»u
Ticfl*oro#ff'i^ene «• :*wonoa 1 ¦ tncmoro*tftan« 'avacniorQa
ano cmonnarao toocarwni ail ao*nt eofwem *nrm»a*/&***» jatq * -^hi
¦ng cc*na»>r»g Mtora uaa • tottf * 'an oarcam or -w nu try: io*nt
$o**n nxtwrn
Tfa wwn mn wogmn m.rii TnKmxtm iwmwi, craam
reworo*»*i*n* 1 1 i-tncreommene cworootrnim 1 1 2-j*n«ro-' 2 2-tnW
Ort*HW*or*«fW» W*rtAo*«— «j mn norv*aiagan*t*d ao**nt». xymm wvton* ao*ut* affv (if
o*w» ¦*»* wtm mg*rf mo&jt/i iron* n^jtf noofo c-yoonciaraw hx
W'MI on* or mor* of ft* aoov* norv^OQfxfO mooh v<0 i tol» of
o*ra*m or mor* (tw ^a4**> 01 or* 9 mora ot ireaa aotwia wad r C001
xj *004 ane poos n *u uunoma from ma r*oo**rv of «w«i mru
*nc «o*m ioNth monr**
*h* 'immv ®*« x*w»OQwt« io»*Hia Cs**om and jm>. aoc we ."H
nrvooaraan* M aoam *o**m ratni/biMi aon^w^. o«ot va* a tow of
i*n wm 11 or mor* ^umi of or* or "*on of ?» mcua iwvnAogerw*)
«Nwe or mm ao**nta mo « cqoi =002 ma *004 vv 01 oonum from
^05 rs« >o*o««ng ip*ni non-siatoganat*!) acvwua To*j*n® (tws*f «wy< «*ton* carton 11 T"k
oarfbda *o(Marai uvun* o*mn* ?4ff>oi>«n*ioi ana 2 cpuii** «i
•*r1 *»»*nt TuUTM/btanai oornarftng. oatora g** « toui of fan p*rc^w or
mc»* <^*^rt*i of on* or mor« of 9m tctf 1 tot-Aeiogeneieo »>»«rnj 9 mo**
io#v*rti «M r C001 C0Q2 or c004 and iff oottomt from n* of
*<••• toara wiiu ma mm ao**m wun
1008 wat^raiar yaetmem huoom *om —coocMBny oe^aoom nemo* +rr* r* (Tt
fo*wmg orpoaaaaa. ;i) Swrftux aoo anoaa>^ of aunrwn i2) or oiav^ on
zM^or na*i i3> anc puong taagragataa DtaMi on careon «t*ai >*) aturwxr* or
anc-aMT«vn ptatng on caroor ftaai i5) r>—nnq/ urcong aaaooataa ar
arc and awwun otaong on carbon «ra*i and ifl) ^*nc« awnng and "Mnq y
twnn/n
^rafi^aiar cr*a(m*m «u3B*a *rom Tm cnamcai riyxmni ooasng of awwu*1 '"*)
7*7 Sc*m evana* Mong cwtp aoamn* irom wcbocmw^ oo*ranm iR ~)
¦^08 °taBrg oaffi iadM from 9«* oooom of MDng oatna Tom awrnroaf'Q xvisom iO ^
«^ anaa *1 ano
r«actor a—* out a *rom t« orMucwr 31 ct*ormai*o awnaoc *m*oc*
oona r^veig careon oomant •nam -0 «n* ..w&ng *— -aac« ^ataivx«d
Mm oom &r*a a*t*d r> f Mi 32 1
*ar*a laicaof «w»wwr and ip*m ^oor from "v&ogr :rg jm >m i 'aactam. nvmMH *
mjmponam ^ a tormjeeng onwaaai o» «r» or t«ac«oroen*noi or y mtrm*.
aim gaad to produoa riav jaaouoa a*M»w 'r>** «ang am
VMM* **om mducoor of ^*MLfnmoon*na rom ^gn#f ptfHiaa 2 * S-
rtieoreerww* >
w«aa* (*«capt mwii ano «*m caroor *ram "nyogar tnwjnoa a^ficaaoni
from vm aroduc«or or ^amtacn^ng .** iaa a r*aetam. zrmr^m marm«aai* *
compon*m « a »onvuavq oroc***) of pnacfioraofwo y of «n«rm*«a(*a
gaad 10 oroauoa « jar«ia*i*a
irom ff* woOuraon 0* ^awn— on aqysmvn prfmwxi proeaaai of r r« uwacrMBQKfoa « aaang do** "W «»Oi
1 *qu0mam gaad omv tor w oreoue^on o waa o» +m*a*onermrm
12«Smnewoi 1
> of +mmnm an aoupm«m 91 outft jaad tor r* "wuacv
rg M M 1 ammern or uii«u«
-------
S 261.32 Hazardous wuta from specific source!.
The following solid wastes are listed hazardous wastes from specific sources
unless they are excluded under 9i 260.20 and 260.22 and listed in Appendix XX.
industry and EPA haordous
wwt* No
Mwfrtmn wast*
Wood pre—ryttoo. <001 .
(norgarac
K002..
K0O3
K0O4
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K906
K007 .
KOOfl
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K010 .
K011 .
K013 .
K0U .
K01S
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K017 .
KOT0
K019 .
KQ20.
K021 .
KD&..
K023-
KG24 .
KC93..
KOW
K02S-
K026-
K027-
K02S..
Bottom —dwiern sludge from no treetment of wastewaters from wood preeerung
piCHtnw that um creoeote and/or pemaehiorophenoi
Wutmtar treatment sludge from the proAjcoon at chrome yeitow end orange
Wastewater Pea in tent sludge from tha production cf mofybdats orange pynenu „
Westeweter treatment sludge from the production of arte yettow pigments
WMMUr ffeatmem my from trie product**! of ifrorrw poen pqments .
Wastewater treatment! sludge from the production of chreme onde green pqmenis
tanhydroue and hydrated)
Wastewater treatment sludge from Vie production of von blue pgmerns
Oven restiue from the production of chrome onde green pgw>—
OisbBaton bottoms from the production of aevtaJdenydo from ethylene
Ovtrtlabon sxM cut* from the production of eeetaidefiyde from tmyteite . .
Bottom sveam from me wastewater ttnppe* the production of ecrytomtnte .
Bottom stream from the acetowt/Se edumn r the producoon of acryiontnie..
Bortoma from the ecetonrtnie punheabon cofcmn in Vie producbon of eciytonrtnte _
Stiii bottoms rrom the ostiiaoon of oaroyi craonde
(T)
(T)
n
m
rn
m
rn
n
ro
iyiene
DabUauon bottoms from the producbon of nitrobenzene by Vie naribun of beiueiis _
Stnppng ntt vade from the producbon of methy ethyl pywttnee
CenWuge ane ewbtuuon residue* trom toluene Aeocyenate production ..
Spent eatafyat torn the hyorocftonnator reactor n the producbon of U.i-Wwr.
K029
K09S .
K096 -
K030 _
Waste from tha product sMam stripper si the producbon of t.1.1 bicworoetiane
I OaUtabon bottoms from the producbon of 1.1,1-eehioreefliene
Heavy ends from N heavy ends eohmn trom the producbon of i.l.i-eichioroeth-
MM-
Kin.
K1(M .
KM5-
K109 -
K071 ..
K073 .
K031 -
K033.
KOtt.
KW4_
KO07 -
K038 _
K006 .
K057-
K038
KX09 ~
Cofcmn bottoms or haa^ ends bom the eombned prottcbon of imiboroeaiyieiie
Corroned wast#wa^ar mvm generated from nrtrodentene/anrime production
Owbilebon or fractionabon oofcimn bottoms from the producaon of cMorobensanae
Seoaisieu aneoii stream from the reector product eaafsng stap rt n proouuon
of cNwuboiuonos-
Brtne purMcabon muds from the merewy eer prweai * cfbume Mmmrbiiri. wfiere
aaparstcfy praputfted onne • not uaad
CNonnated hydroeafton vesta from tfie ptftAeabon stap of via ihffiagHi eel
process uang graphrte snodee *» tfaonne producbon
wmemer veatment smdge from Vie mercury aefl prooiss *1 cftnie producbon.. _
B> yoduci salts generated r the producbon of MSiyU and cradle acid
Watte»ita< beabnant aiudgi from the producbon of cWortfane -
Wasiawtier and aorub water from the oMortnabon of c^toparvaAane •> vie
production of cwordane
sobds from the Mbcbon of fmiiUiU.)6l0|iaW>rt[sni r the producbon of
Waai^iei baatmam Mudgee generated « Vie ^educson oaoaoie
Sbl bottoms from tokens redamaton aaMiuun r the producbon of 6eJWon_
Wareweiaf vaatment sedges from the producbon of dMioion..
J wastewater from vie waartng and itnpeng of pnorm produebon.
J nter oeM from N Urnon of tfatfiif^hoaphoroMQK aod si
KCM0.
KOSt.
K0M.
J Waetawtiei vaavnara abdge torn M producbon phorvaa _
| Waatawatar baawiant nudge torn vw producbon of l
' producbon of t
m
m
m
(T)
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en
m
m
m
(«. n
m
m
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(T)
m
m
m
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-------
inouavy ind EPA hazardous
WBSM NO
K042
K043 .
<099 .
E«p»aa
KOi .:
K04S ...
K046 . ......
K047
Patro"*»n
K04<
K049
K050
K0S1. . -
K052
iron and ata«
K061
K0&2
Hmyy rot or chatiftanon niami from tha AtUafaon of tacacr*o»oeaniana n tha
producbon of 2.4,5-T
2,fr>DcMoroefwno( waft* from tha producton of 2.4-0
Untmtiad «u)w>W from 0* producton of 2.4-0
Wattawatar taatmam tiudgn from na iramtmiig and proo—nq of aiiwiar n
Spam carton from tha iraatmant of wiBWW ccmitfvq «p4ctw« _ _
Wastawatar mtrmn liudon from tfta manufacture^, lermutafcon and bating cf
laafl ntiai nutmg compounot.
Pv*/rad «atar trwn TNT
K006
K100 ...
Vaiannary pfwinicaaciii'
KOM
tnk tarnvMon; KO60
Coiung.
K0*0 ....
K087
Qmto**! ar notation (OAF) float from tha pavoiaum lafimig nduatry .
Stop oil amutMon aohdt from (ha patrotaum raftrang ndustry ..
Maat aichangar bitfMa daawng Mga from tna patrotaum ra*nnq nduatry..
API saparator aJudga from tha patrotaum raftnuig inouatry —
Tana bottoma (laadad) from tna paraaun rafinng nam try
Ewn,in control duat/abdQa i
ivnaoaa.
Spam pcftla kquor ganaraiad by
or naai
•taal flnaNng oparatona of plants thai produoa ron
Emiaon con red duat/afcjdga from aaoondary iaad amaftng —
Wast* tatffifl sofuaon from aoa taacmno of waan eon** dueVUudga from
Waa tain tar traatmant tiudpaa ganaraiad Inig tha produetton of —la^iaij pflanna-
oauocata from arasrac or organo-anarw compounds
Ouilaoon tv raaiilmi from tha deflation of an*na-6aaad oompoundi r tha
producton of wiarmry plwmaeeiAcab #om araanc or o^tHiaai*. com.
pounds.
Wwfcn from 9* uaa of aethratad carbon lor dacotonsaaon n tha producfton of
vatannary phannaoauticata from maw or orQVMwnc compounds-
SoNam «aaftaa and aiudgw. causae waaftaa and aiudgaa. or watar —aftaa and
claa«TQ fcbs and aqupmant uaad * tha tormuMon of nfc from
aoapa, and aicanfi oortannQ tfnmn and iaad.
ro
m
fT)
(R)
W
m
<*>
m
cn
fT)
D
m
m
(c.-n
Oaeamar tana tar tkjog» from cotung oparatcna...
[46 PR 4018. Jan. 16. 1981. aa amended at 46 PR 27476-37477. May 20. 1981; 49 PR 37070,
Sept. 21. 1984; 50 PR 42942. Oct 23. 1985; 81 PR 8330, Feb. 13, 1986; 81 PR 19322. May 28.
1986]
Etttctivt Dati Note At SI FR 5330, Feb. 13. 1S88. Is I 261.32, nilt ftreuni "Kill,
K118. and K138" In the (UbfrouD "Omnlc Chemicals" were added, effective Auxust 13,
1988.
i 261.33 Discarded conunercUl chemical
product*, ofT-ipeciflcatian ipecies, con-
tainer retlduet. and ipill rcaidue*
thereof.
The following materials or Items are
hazardous wastes Lf and when they are
discarded or intended to be discarded,
when they are mixed with waste oil or
used oil or other material and applied
to the land for dust suppression or
road treatment, or when, in lieu of
their original Intended use, they are
produced for use as (or as a compo-
nent of) a fuel, distributed for use as a
fuel, or burned as a fuel.
(a) Any commercial chemical prod-
uct, or manufacturing chemical Inter-
mediate having the generic name
listed In paragraph (e) or (f> of this
section.
(b) Any off-specification commercial
chemical product or manufacturing
chemical Intermediate which, if It met
specifications, would have the generic
name listed in paragraph (e) or (f) of
this section.
(c> Any container or inner liner re-
moved from a container that has been
used to hold any commercial chemical
product or manufacturing chemical in-
termediate having the generic names
listed in paragraph (e) of this section,
or any container or inner liner re-
moved from a container that has been
-------
used to hold any off-specification
chemical product and manufacturing
chemical Intermediate which, if It met
specifications, would have the generic
name listed in paragraph (e) of this
section, unless the container Is empty
as defined in 1261.7(b)(3) of this chap-
ter.
[Comment- Unlen the residue It being bene-
ficially used or reused. or legitimately recy-
cled or reclaimed; or betas accumulated,
no rat transported or treated prior to such
uk. re-use. recycling or reclamatloa EPA
consider* the residue to be Intended for dis-
card. and thus a hazardous waste. An exam-
ple of a legitimate re-use of the residue
would be vhere the residue remains in the
container and the container Is used to hold
the ume eommerlcal chemical product or
manufacturing chemical product or manu-
facturing chemical Intermediate It previous-
ly held. An example of the discard of the
residue would be vhere the drum Is sent to
a drum recondltloner who reconditions the
drum but discards the residue.]
(d) Any residue or contaminated soil,
water or other debris resulting from
the cleanup of a spill into or on any
land or water of any commercial
chemical product or manufacturing
chemical intermediate having the ge-
neric name listed In paragraph (e) or
(f) of this section, or any residue or
contaminated soil, water or other
debris resulting from the cleanup of a
spill. Into or on any land or water, of
any off-speclflcatlon chemical product
and manufacturing chemical Interme-
diate which, if it met specifications,
would have the generic name listed in
paragraph (e) or (f) of this section.
I Comment The phrase "commercial chemi-
cal product or manufacturing chemical In-
termediate having the generic name listed
In . . ." refers to a chemical substance
which is manufactured or formulated for
commercial or manufacturing use which
consists of the commercially pure grade of
the chemical, any technlral grades of the
chemical that are produced or marketed,
and all formulation* in which the chemical
Is the sole active ingredient. It does not
refer to a material, such is a manufacturing
process waste, that contains any of the sub-
stances listed in paragraph (e) or (f). Where
a manufacturing process waste Is deemed to
be a hazardous waste because It a
substance listed In paragraph or (f). such
waste will be listed in either 1281.31 or
1381.13 or will be Identified as s hazardous
waste by the characteristics set forth In
Subpart C of this part.]
-------
P033
P023
P024
P026
POT
P0»
P0J0 ...
PC31
P033
POM
P037-.
POM..
P0» .
P041..
P040 .
P043 .
90*4 .
P044-
P071_
poez_
P04$ .
P047-.
P034 .
PO«6..
PO20..
POM .
P039
P04B-
Pi»..
P0»
POM-
P041.
P04?
P04«
P064...
P10I —
POS4..
P097...
POM .
POST
POM..
POIS .
POM..
P051 ..
P037-
P060..
Chtonn* cyanda
CNoroaoaiatdaftpda
pOneroenifcne
Wo>CnoroptiarM)0«oma
}-CNoropropanrtnia
Copper cyarada*
OyindM <«
Cymnogar\
^anoQm flNondi
OcMoroprwnyiarww
Duoui
OMfyt^fMropfta'^rf ptoapfiaia
0.0»0wtfiyi o*w»*»V t
3>0»nnHfrHWHiyffeamen)ii)
Q.O-Omath* O^HWopfw*
ttph*. nph>.&wtf?y^ih«n>ttiy> uciaftyOm tndo.to-
1.4-5.1 ammvmnxwphowm
liJ.4>i0.i0^nMoro>l,4l««.S.a.l*>
Muft|i»»i.4.U mtao. «nd»*iWw
t£3,4,10.10 if X! worn 1.4,it. 5 J, I
ha*»ftydro» 1.4 S.I »do.<*o
•metfwweefivwtene
3gH) numinew. Ksmeiomechyt).
Mtvcuy. Imnio Otetunyi
Marary Mrwnaw (RTl
Pi la-
Plie-.
POM-
P067...
O.O-Owcr^ K2-(«hyww)eeiv#wp»
tacWoro-3a.4.7.7»MtiaftnJt>
Matfwmyl
2-MMftytaanM
Matftyl hydraant
2 Ma»ytt>ciom*a
Mctftyf paratton
a^ne^Japmnymeovae
*ae*a< carfionyi
Nek* cyarada
NnuKU) cyanrta
Nek* tatracarbonyt
i!) anda
NfroganflV) o»da
(R)
N NftoawirwoiyiajrMw
N Nfrpaomatfty+wnytt/Tna
8-»Mttcmin»-2^*n>Wnot. 1.4.5.8,7.7-tm-
acftoro. eyefce «JAta
OatmaflTytfrrophoaphoramrt*
Oarmjm oaoda
Oamum tavoada
7«cart0y«c
Phafld, 24)doAaiyM,MM>
Pttanoi. 2.4^knftro-
^anot. 2.44rvfro4-(l4na9iylprcpyf)-
Phanot. 2.4.t»*vwro». ammorwn art (R)
O.CMJrrwtf* S»I2-
(matfiytafrano^enamyOaatar
aCVdMhyf
Pr i tctt. 0,O4M^ 0-(pxtt>
PtieaoAereMe aad. 0,0 iMdiyi O pyvaanyi
Phoaphorerae aod. 0.0 Unaftyi 0>(p^{«>
iiwtmnaffineKaU*owyf>phariyar
Plumbana. ¦uaaupyv
Potaaaum cyanda
PotaaMn «*«ar eyvnda
PropAnat, 2««iiatfii4^iTiagniW0>-. O-
((MtfiyiaiwaicatQniiilfldra
PiopiMfWilii 14i||Wy,l4nMfi^
i^>Propaiweiei. trima» (R)
2 Propan l«o<
t«Prepywi4l
4-Pyndinawra
-------
Hazardous
wnu no
P075 - ... .
Pynttna {S>0-(i-m4«v-2-py*Toirtny(>1 and
tMl
P111
tod. hvnov Mtv
P103 .
Smmm
P104
$+m Cftnot
Pi 05
So*#ri tad»
P106
Sodwn cyamtt
P107.
Stfontum uMot
P108
teycfvwtrwio^na and utts
PO10
Se?man-1tanr 2.34m*tnoiy>
pioa.
Strycftnna and stft*
pn«
Stifuv tod uft
Pl»
TimvydMpyrepfVKiAiii
Pi 10
Tatraafftyf laad
Pi 11
TauxUiy»»imiio«oftii«aoum(V) asda
®0C1.
grattat nan
P1J1
Zmc cyantfa
P122
2me pho«pfd» fR.T>
Pi 22 . _.
2mc pnotpr^da. praatnt ai concamra-
m graatar v«n 10%
ActtaJdanyoa (i)
Ac#t*id6ty0s. tncttoro*
ramoi, N-(*^mtaryphfVV
Ae*1Mfr*6u N-0H-(K0rw2^i.
Acnc too. tov mm (i)
AottiC •«. «M0 ttn
AOMC «ae. VWKI) MR
Ac#tom (I)
Ac#tor*Wa (I.T)
aHtfpha-Acwonyfc^n^H-ftyttcuyujtfwn
and taltt. prtttin Ct oonorVKem
dl 0 3% or IMS
Acetoohenofw
3 ACtyOffWJfluuriK
•fyl cfionat (C.R.T)
Aeryttmb*
(/) The commercial chemical prod-
ucts. manfacturlng chemical interme-
diates. or off-specification commercial
chemical products referred to in para-
graphs (a) through (d) of this section,
are identified as toxic wastes (T).
unless otherwise designated and are
subject to the small quantity genera-
tor exclusion defined in i 261.5 (a) and
ig>.
[Comment For the convenience of the ref-
lated community, the primary hazardous
propenlei of thue materials have been Indi-
cated by the letters T (Toxicity). R (Reac-
tivity). I (Ignltablllty) and C (Corrotlvlty).
Absence of a letter indicate* that the com-
pound is only listed for toxicity.]
These wastes and their correspond-
ing EPA Hazardous Waste Numbers
are:
XI)
Aiann*. !-{»6a<2-cMwoMy)amno)
2»Anw0(1J-a)n0tiH l,T-*Of»,
t *vnj 8 ®ryvna©yl-
l.itAflJaJfrhdMftiMii it nntfiuiy-S-
Bfg[|)>6tnW)mii, 1i-dfryqru3niam»i
BMtclwtm
3.4 Oaraacnttna
Bare*) entondt
8«Ai(«]anov»car*
1J
1*1
»(l.T)
I, 4.4' LMt>U«IHlU>tO(N.N^
DfBwwwi, N.frf^na tftyi i pftaw»iaio»
.J Borwwrwie 2«ffiaifly<- m^oo*no»
. | Bamana/wria. 2^iWhyi*«tro
_.| Sarztna (I T)
Qtrttaniicaoc aod. * sttaio aiqrm (« cNorc-
pwn) tipftt nydron. mw
...i Bimm i-brv*&-A-phanc*y-
.J 0WH4 cnoro.
'.?*6«nxvnadc»fto«ytc tod
.. U OwnwflKrtaytc too. [M2<«trry(-
hnril mm
.. 1 ,2-flwnmw^c tod. atuty* mm
. H ttin;wttcw>*c tec. Jwry mtt*
j U*8«nMfW4cti«oiy^e tad. »mat"7« «itr
. | U D»n»>-»»carpoi>tc m-4. mw
_ I tt»u§wa, 1,2-dcttoro-
. tdcNewtihyi)-
. i .>^aocv»rmtfiKiH|ii (R T)
nnwi « piuua
-------
Hazardou*f
wain No ;
Subsuncs
Hazardous
Wast* No
Suoaunca
I Oanzana, 1.2 mamynriaumy * prolyl-
| Banian*. d^rwhywnyih (i)
t Bwn. **9> O.T)
Oaraana pamacfuo'O-
Bamana. pantadi*or>oftro>
aad c/xundt cNoromatrtyi)-(C.R.T}
Oamane, i,3,S-(nr«vo> CR.T)
1^-Oanji*otru20farv3ofta. i.t^oada
Baruo(».k)fluer«rw
BamoIeJpyraoa
3.4-Gart2opr«na
BantovieMonda (C.A.T)
1-2-Banzpftanantnrar*
22-B«*vana jl.T)
(l.i -BcihatyO-M'^ttmna
(l.r-B«AanyfH.4'4iainna. 3.T«rfcWoro-
(l.v*pheny
Caftamoyi chlonda.
Carbonc aad. Mtafeum(t) «aR
CtftonucJDondc aad, mediyl attar (i.T)
Carbon oiyflgonda (RT)
Carbon tavacftonda
Carbon* fhjonda (RT)
CNorai
CNoramfiucri
CMordma. latfwm
CNomapftaana
CWorotiafttana
cO aaw
iOapr»2.3 Buta*ana. i.UJ.4.4^ta*acrtoro-
t Omawanw». N-bm* N iinoac
BtAanoc aad. ~•[Batf'CCiuioauiyQawnol
Cumana (I)
Cyanogan eromda
1.4-Cyeiehexaaeoeaona
Cytionaxana (i)
»W
1 3-Cyctopantadana. ij.3.4.5.
Cydopnoapnarrada
2.44-0. tan and aatan
Oauwmycr
000
DOT
Oacaefliorooctafty*o» 1J .4-mathano.2H-
cycwbma(fcd) runtmn 2-orm
Oauaia
»|RT>
Mum
0*anzIa.h)anmraoane
1 X5.ftO*amnmoani
U 7.6-ttbanzcpvfwie
Dibanz(aj]pyrana
Ofeut* pWhalata
&H2.3-Ocntoroa%fl c
oOcNorobaraana
nwOcMorobanaana
p-OcMorobaroana
SJ'-OtcMorabanDAna
1.4-OcNorD»2<6uiana (l,T)
OKMmdAjoromaffiana
3.5-O^noro^H 1. 1 ^matfiyH-propynyl)
&cworo defiant AcMonatttana
GacNoro dphar^l MMoMViara
i.i-OcMorDatf*|4ana
1 ,2-OcMoroatftyiana
tawoavi^ attar
2.*-OcWoroo*w>o>
2.6-0«Noredhano#
2.4-OeNorQehano*veoee6 aad.
iMcMofopraoana
T^:3.4-0Mpontutana (l.T)
\,4-Om9rf»m aenda
N.NOa9*ytfiy*i»w
O.C
Davy phmawe
DanyiMMDi
1J<0*ydro4.*
Dftydroaafro*
U-DwaBiui iaamn>
MO
Oimatffytemnonooanana
7.i2-0»nemi»ere(a)antfti6ane
3.yarni>na
CraayHe aad
Effw». i J Jbrwrw
-------
Hatardous
Wtltt No.
Subatanc*
H*2VdOU*
WW* NO
&£stanc«
U076
U077
U114
U131
U024
U003
U117
uo»
U164
U208
U209
U216
U227-
UH3 ..
U042-
U07I-
U079 _
U210-
U173-
UQ04-
U006-
U3M-
uua_
UM3_
U236-
U036 ..
U359_
Uiu_
U067 .
U0T7 -
U118-
U116.
U117-
U076-
U116-
uiie._
U139-
U120.
U122 -
U123 .
U124_
U125-
U147 _
U313_
U129 ..
U124_
U206 -
U1» .
U1M...
U127-
Ui«_
U129.
U130-
U131-
U132-
U240-
U1M-
U0M_
UOM-
U099 -
U109-
in 34-
U134 «.
U1M.
UQ90-
U136.
U116.
uw-
ut39_
£tr*r». t.n
Ethan*. U-dtfuoro-
i.2-6»anai*ytbacarftarwodinoc tod
Ethan*. 1.1.1,2.2^-hasacftioro-
Ethan*. l.V*tmefffvleneett
Eta*. l.l£24*racttoro»
Ethananoamoa
ENm.
Ethan*. i.l,24lcNoro-
Ethan*. chioro»
Ethan*. 2 1.2 ¦*/**>
Ethan*. 1,1X2 lamchtoro
Ethan* 2^<(nftn*omnoMs>
Ethanona. 1 «pftanyi-
Ethanoyi CMond* (CAT)
2*Ethflfyafhanoi
Ethyl *eawa (0
Etfy atryw* (0
Evryi uaH—la (urathan)
Ethytana Qlyooi nonoatfvyi a thai1
Ettynaf
Mafftan*. cWa» (l.T)
Mathana. cMmiMheay-
Uathana,
Mathaoa. Acmo^
Mathana. AiiModAdfty
Matfwn*. ado*
MThanaa^gia. aod. affiyt mm
Mathana.
Matnana. tne»oro«c»-
CWor»3i.4,7,7i
MatfiaU (I)
Vmirf tteohct (T)
Uattyi brpn0a
1 M*tfi)»w(faoaw* (Q
Mathyi cMond* (l.T)
nag>ymMuiuiw>
3 MathyitfioUffthrana
4.4' ijartiytanatMT? Hfii**)
11, < ¦ ¦ ¦
Mwvyw wm
Mathyiana QNohO*
M*th|< aoiyt Mona (IT)
Mathyi tthyi w paraod* (R.T)
Uatry odd*
Maffijl webJ& MM (T)
Mew wafftairyW* (IT)
N M*th|i ft i*iu M iwiiiii^watrM
4 Mathy< 2-pantanona (I)
MathiflhMMict
MBomyan C
HI napwinwii«ifcn>i, Otl rt» ft aoay 10-
1(3 anaio 2J.I md*ui> iptm L-*yip-
haupyvanea*4)0)4]'7jj.i(Mavtnydr»
§j,mnh»ttuay t macwy
Napnraanv. ivvv
ir^cnffMMuNonc aod 3^-<[a^-4-
ma(hy4.(l.t'«prtany
-------
uc».
U169
uiro
U171 ... .
U172 .
U173 ...
Ut7<
U111 . ......
U1?6
U177
Ut7fl
U179
U180
U181
U1M .. -
U056
um..—. -
U041
U1M
U1®3
U164
UlSS -.. .
SM F«7
uiee
U1®7 -
una
UO40
uo»
uoat
uou
uioi
U170 .
Sm f027
Do
Do
Do
Maaroout
WW! NO
2»NacfMTiyiainrw. H.K-bai2awm)iauaiy*u. m
Qurana (I.T)
Ovana. ^-^cMoromatrryfV
2-CM2*cMoro>
ta2-
Pa»—J*»otia>»awa
PfWCWWO«»ff
PaHiifltoowtobargana
r»llMT*TrOWMt
m
Phanot. 2-**ot>
^MnoL 2.4l4MO»
Fhanoi. 2J4cNero»
Phanof. rurmtofi-
1X4*
*wr*. 2.*.Vffcrtoro-
Pntnoi. H.vmenoro-
U137 _....
1,I0-r>arwH>r»w
U145
Phoapnonc aad. Laad a«n
U087
y>ujapnBiutf>m aod. 0J awP»y«-. 8-maffv
U189
Phoaphoroua auHUa (R)
U1M
Phthafee aitfi|rtdt
U1®1
2-Aooom
U1M.
ftwnoi
U1ft4
i-Pmpanamna OT)
U110
i*Proparwnna. H+npft- (T)
U149
Piwaaanwn
U171 ....
Preoana. 2-nrtr> fl,T)
U027
Proeano. 2J,0*ytt»I2-««or©»
U183 ..
i^Npira altfa
U235 ...
l»ProptnoL 2J-d*aromtt.. phaapftata (3 1)
LMW
l«PropanoL 2,1 acw»v
U140
i-Pmeend. 2-^naffM- (1.T)
U0O3 ,
3«?ropanona 0)
U0Q7
2 •P'OpWWKdl
U0*4
Prooana.
U243 —.
i*Propana. i,lZ3JJ-heacfWro-
UW»9
2^rooananna. 2 (i,T)
uoo«
2-Prepwee aao (1)
lllltl
2-Propanoc afiA afftyi aaor 0)
limit
1-PiBpanac aed. 2-maflV-. aviyt aatar
IM62
2-Pmeanee ac^. 2-matf*y4-. matftyi tatar (i.T)
S«W7._
Piuum*. aod. 2<42,4>«ieMoropnana*y).
M1AJ
iwAcwWma (l.T)
Pre^itana dcNorti
UO93
ijifft
r^iiiia
itiu
P^^na, l»lg«^dfcwaBnmrfinoK2-Oiaw|i<»
mno)>
um
npna. lavwWHiray
I Pyr*»na 2-matHyl-
iOHfrPynnionona.
trvoato-
^yrroit lauaftfttu-N-rnjuao-
Ratarpma
Rnorontf
Saoenanr $rc tens
Satroia
S>Hhmmi tod
SiiinUTi aojuO*
Satanum aautfida (R.T)
L-Sama. daxoaoatat* T«eaU«naf (fl.T)
. 0-Tofedna
&Toh«*na hydocMontt
. ji Tnfcalna
WiA+TriaoUww
. i.i.VTndHeroeihene
. i.i>TrtcMoroaviftna
TnchkxwOiyien#
TncnoramanBAuronathanv
2.4>Tnchloreeiwioi
2.4.6-TrtcNowipfranoi
eym.7mew»n»am (R.T)
i J>Tno*ana. 2.4.S-vmao^
Tna(2>deromoqropytl nftnapftatt
Trypan btut
Uratt. S[ftf?-iNtfun>aiftyfla)
U200
YotwToafktq oarttor^
aod.
oar-i»-Cf3,4J lawOn
l*y 0aruD»Ooji>)-.
graaan n conoantrv
aena of to% ot laai
(Approved by the Office of M*nMemem
and Budget under control number 2050-
0047)
145 FR 78529, 78541. Not. 25. I860, u
amended U 46 PR 27477, iUr 20. 1981; 49
r
-------
Appendix II
-------
Subpart C—Characteristic* of
Hazardous Wait*
6 261.20 General.
(a) A solid waste, as defined In
I 261.2, which is not excluded from
regulation as a hazardous waste under
{ 261.4(b), is a hazardous waste If it ex-
hibits any of the characteristics identi-
fied in this subpart.
[Comment 1362.11 of this chapter sets
forth the generators responsibility to deter-
mine whether his vute exhibits one or
more of the characteristics identified in this
subpart]
(b) A hazardous waste which is iden-
tified by a characteristic in this sub-
part. but is not listed as a hazardous
waste in Subpart D, is assigned the
EPA Hazardous Waste Number set
forth in the respective characteristic
in this subpart. This number must be
used in complying with the notifica-
tion requirements of section 3010 of
the Act and certain recordkeeping and
reporting requirements under Parts
262 through 265 and Part 2*70 of this
chapter.
(c) For purposes of this subpart, the
Administrator will consider a sample
obtained using any of the applicable
sampling methods specified in Appen-
dix I to be a representative sample
within the meaning of Part 260 of this
chapter.
[Comment: Since the Appendix I sampling
methods are not being formally adopted by
the Administrator a person who desires to
employ an alternative sampling method is
not required to demonstrate the equivalency
of his method under the procedures set
forth in f I 260.20 and 260.21.]
[45 FR 33119. May 19. 1980. as amended at
48 FR 14294. Apr. 1. 19831
9 261.21 Characteristic of ignitability.
(a) A solid waste exhibits the charac-
teristic of ignitability if a representa-
tive sample of the waste has any of
the following properties:
(1) It is a liquid, other than an aque-
ous solution containing less than 24
percent alcohol by volume and has
flash point less than 60'C (140'F), as
determined by a Pensky-Martens
Closed Cup Tester, using the test
method specified In ASTM Standard
D-93-79 or D-93-80 (Incorporated by
reference, see {260.11 >. or a Setaflash
Closed Cup Tester, using the test
method specified In ASTM Standard
D-3278-78 (incorporated by reference,
see | 260.11), or as determined by an
equivalent test method approved by
the Administrator under procedures
set forth in H 260.20 and 260.21.
(2) It is not a liquid and is capable,
under standard temperature and pres-
sure. of causing fire through friction,
absorption of moisture or spontaneous
chemical changes and. when ignited,
bums so vigorously and persistently
that it creates a hazard.
(3) It is an lgnltable compressed gas
as defined In 49 CFR 173.300 and as
determined by the test methods de-
scribed in that regulation or equiva-
lent test methods approved by the Ad-
ministrator under (S 260.20 and 260.21.
(4) It is an oxidizer as defined in 49
CFR 173 151
(b) A solid waste that exhibits the
characteristic of ignitability, but is not
listed as a hazardous waste in Subpart
D, has the EPA Hazardous Waste
Number of D001.
[45 FR 33119. May 19. 1980. as amended at
46 FR 35247. July 7. 1981]
1261.22 Characteristic of corroslvity.
(a) A solid waste exhibits the charac-
teristic of corroslvity if a representa-
tive sample of the waste has either of
the following properties:
(1) It is aqueous and has a pH less
than or equal to 2 or greater than or
equal to 12.5. as determined by a pH
meter using either an EPA test
method or an equivalent test method
approved by the Administrator under
the procedures set forth in {{ 260.20
and 260.21. The EPA test method for
pH is specified as Method 5.2 in "Test
Methods for the Evaluation of Solid
Waste, Physical/Chemical Methods"
(incorporated by reference, see
{ 260.11).
(2) It is a liquid and corrodes steel
-------
8 261.23 Characteristic of reactivity.
(a) A solid waste exhibits the charac-
teristic of reactivity if a representative
sample of the waste has any of the fol-
lowing properties:
(1) It is normally unstable and read-
ily undergoes violent change without
detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive
mixtures with water.
(4) When mixed with water, it gener-
ates toxic gases, vapors or fumes in a
quantity sufficient to present a danger
to human health or the environment.
(5) It is a cyanide or sulfide bearing
waste which, when exposed to pH con-
ditions between 2 and 12.5. can gener-
ate toxic gases, vapors or fumes in a
quantity sufficient to present a danger
to human health or the environment.
(6) It is capable of detonation or ex-
plosive reaction if it is subjected to a
strong initiating source or if healed
under confinement.
(7i It is readily capable of detona-
tion or explosive decomposition or re-
action at standard temperature and
pressure.
(8) It is a forbidden explosive as de-
fined in 49 CFR 173.51. or a Class A
explosive as defined in 49 CFR 173.53
or a Class B explosive as defined in 49
CFR 173.88.
(b) A solid waste that exhibits the
characteristic of reactivity, but is not
listed as a hazardous waste in Subpart
D. has the EPA Hazardous Waste
Number of D003.
§ 261.24 Characltnitie of EP toxicit).
(a) A solid waste exhibits the charac-
teristic of EP toxicity if. using the test
methods described in Appendix II or
equivalent methods approved by the
Administrator under the procedures
set forth in i I 260.20 and 260.21, the
extract from a representative sample
of the waste contains any of the con-
taminants listed in Table I at a con-
centration equal to or greater than the
respective value given In that Table.
Where the waste contains less than 0.5
percent filterable solids, the waste
Itself, after filtering, is considered to
be the extract for the purposes of this
section.
(b) A solid waste that exhibits the
characteristic of EP toxicity, but is not
listed as a hazardous waste in Subpart
D. has the EPA Hazardous Waste
Number specified in Table I which cor-
responds to the toxic contaminant
causing it to be hazardous.
Table I—Maximum Concentration of Con-
taminants fob Characteristic of EP
Toxicity
EPA
h*2«r0OJ»
waste
numMf
Contammftrii
Mix mum
toon
(mttgramt
p* W«f)
0004
0005
0006
0007
0006
0009
0010
OOn
< ArMftrC
| B&rium ...
j Cadmium .
' Chromium
I Itad
-} Mcrcuy
i Sewwum
! Siiwwr
50
1000
t 0
50
SO
02
1 0
50
Ammxx I—Rkpkzsentatitx Sakflxho
Mxthods
The method! and equipment used for
sampling waste material* will vary with the
form and consistency of the waste materials
to be luapied. Samples collected using the
sampling protocols listed below, for sam-
pling waste with properties similar to the In-
dicated materials, will be considered by the
Agency to be representative of the waste.
Extremely viscous liquid—ASTM Standard
D140-70 Crushed or powdered material—
ASTM Standard D346-7S 8oU or rock-like
material—ASTM Standard D420-6B 8oil-
llke material—ASTM Standard D1432-48
Ply Ash-like material—ASTM Standard
~2234-78 [ASTM Standards are available
from ASTM. 1916 Race BU Philadelphia.
PA 1*1031
Containerized liquid waste*—"COUWASA"
described in 'Test Methods for the Eval-
uation of Solid Waste, Physical/Chemical
Methods." • V£. Environmental Protec-
tion Agency. Office of Solid Waste. Wash-
ington. D.C. 20460. (Copies may be ob-
tained from Solid Waste Information. V£.
Environmental Protection Agency. 24 W.
St. Clair fit-. Cincinnati Ohio 482881
Liquid waste In pits, ponds, laeoons, and
similar reservoirs.—"Pond Sampler" de-
scribed in "Test Methods for the Evalua-
tion of Solid Waste. Physical/Chemical
Methods." ¦
This manual also contains additional In-
formation on application of these protocols.
-------
Appendix II—EP Toxicity Test
Pxocdurzs
A. Extraction Procedure (£P)
1. A representative sample of the waste to
be tested (minimum size 100 grams) shall be
obtained using the methods specified In Ap-
pendix I or any other method capable of
yielding a representative sample within the
meaning of Part 260 (For detailed guidance
on conducting the various aspects cf the EP
see "Test Methods for the Evaluation of
Solid Waste, Physical/Chemical Methods"
(Incorporated by reference, see i 280.11).]
2. The sample shall be separated Into Its
component liquid and solid phases using the
method described In "Separation Proce-
dure" below. If the solid residue * obtained
using this method totals less than 0.5% of
the original weight of the waste, the residue
can be discarded and the operator shall
treat the liquid phase as the extract and
proceed immediately to Step 8.
3. The solid material obtained from the
Separation Procedure shall be evaluated for
its particle size. II the solid material has a
surface area per gram of material equal to.
or greater than. 1.1 cm* or passes through a
t.S mm (0.37S inch) standard sieve, the oper-
ator shall proceed to Step 4. If the surface
area Is smaller or the particle site larger
than specified above, the solid material
shall be prepared tor extraction by crush-
ing. cutting or grinding the material so that
It passes through a 9.5 mm (0.375 inch) sieve
or. If the material Is In a single piece, by
subjecting the material to the "Structural
Integrity Procedure" described below.
4. The solid material obtained in Step 3
shall be weighed and placed in an extractor
with 16 times Its weight of delonized water.
Do not allow the material to dry prior to
weighing. For purposes of this test, an ac-
ceptable extractor is one which will impart
sufficient agitation to the mixture to not
only prevent stratification of the sample
and extraction fluid but also insure that all
sample surfaces are continuously brought
into contact with well mixed extraction
fluid.
5. After the solid material and delonized
water are placed in the extractor, the opera-
tor shall begin agitation and measure the
pH of the solution In the extractor. If the
pH is greater than 8.0, the pB of the solu-
tion shall be decreased to 9.0 ± 0.2 by
adding 0J N acetic add. If the pB Is equal
to or leu than 5.0, no acetic add should be
added. The pB of the solution shall be mon-
itored, as described below, during the course
Hazardous Wane Strains." EPA 600/2-80-
018, January 1980.
•The percent solids U determined by
drying the filter pad at SO'C until it reaches
constant weight and then calculating the
percent solids using the following equation:
Percent solids -
l«igwi oi px) ~ »f») - tan
-------
further guidance on filtration equipment or
procedures see "Test Methods (or Evaluat-
ing Solid Waste. Physical/Chemical Meth-
ods" Incorporated by reference, see
I 280.11). Procedure-'
(I) Following manufacturer'! directions,
the filter unit shall be assembled with a
filter bed consisting of a 0.45 micrometer
filter membrane. For difficult or alow to
filter mixtures a prefilter bed 0f
the following prefllten In Increasing pore
size (0.65 micrometer membrane, fine glass
fiber prefilter, and coarse glass fiber pre-
filter) can be used.
(II) The waste shall be poured into the fil-
tration unit.
(III) The reservoir shall be slowly pressur-
ized until liquid begins to flow from the fil-
trate outlet at which point the pressure in
the filter shall be Immediately lowered to
10-15 palg. Filtration shall be continued
until liquid flow ceases.
(lv) The pressure shall be Increased step-
wise In 10 pel Increments to 75 psig and fil-
tration continued until flow ceases or the
pressurizing gas begins to exit from the fil-
trate outlet.
(v) The filter unit shall be deprenurlzed.
the solid material removed and weighed and
then transferred to the extraction appara-
tus. or, in the ease of final filtration prior to
analyils, discarded. Do not allow the materi-
¦Thls procedure Is intended to result in
separation of the "free" liquid portion of
the waste from any solid matter having a
particle size >0.45 *im. If the sample will
not filter, various other separation tech-
niques can be used to aid in the filtration.
As described above, pressure filtration is
employed to speed up the filtration process.
This doe* not alter the nature of the separa-
tion if liquid does not separate during fil-
tration. the waste can be centrifugedL If sep-
aration occurs during centrlfugatlon. the
liquid portion (centrifugate) is filtered
through the 0.45 »tm filter prior to becoming
mixed with the liquid portion of the waste
obtained from the initial filtration. Any ma-
terial that will not pass through the filter
after centrlfugatlon Is considered a solid
and Is extracted.
al retained on the filter pad to dry prior to
weighing.
(vl) The liquid phase shall be stored at 4'C
for subsequent use In Step 8.
B. Structural InUgrlty Procedure
Equipment: A Structural Integrity Tester
having a 3.18 cm (1.25 in.) diameter hammer
weighing 0J3 kg (0.73 lbs.) and having a
free fall of 15.24 cm (8 in.) ahall be used.
This device Is available from Associated
Design and Manufacturing Company, Alex-
andria, VA 22314, as Pan No. 125. or It may
be fabricated to meet the specifications
shown In Figure 1.
Procedure
1. The sample holder shall be filled with
the materia] to be tested. If the sample of
waste is a large monolithic block, a portion
shall be cut from the block having the di-
mensions of a 3 J cm (1.3 in.) diameter x 7.1
cm (2.8 In.) cylinder. For a fixated waste,
samples may be cast in the form of a 3.3 cm
(1.3 in.) diameter x 7.1 cm (2.8 in.) cylinder
for purposes of conducting this test. In such
cases, the waste may be allowed to cure for
10 days prior to further testing.
2. The sample holder shall be placed Into
the Structural Integrity Tester, then the
hammer shall be raised to its msTlmnm
height and dropped. This shall be repeated
fifteen times.
3. The material ahall be removed from the
sample holder, weighed, and transferred to
the extraction apparatus for extraction.
Analytical Procedures for Analysing Extract
Contaminant*
The test methods for analyzing the ex-
tract are as follows:
1. For arsenic, barium, cadmium, chromi-
um, lead, mercury, selenium, silver, endrln.
lindane, methoxychlor. toxaphene, 2.4-
D[2,4-dlchloropbenoxyacetlc add] or 2,4,5-
TP (2,4.5-tiichlorophenoxyproplonlc acid]:
"Test Methods for the Evaluation of Solid
Waste. Physical/Chemical Methods" (Incor-
porated by reference, see I 260.11).
2. [Reserved]
For all analyses, the methods of standard
addition shall be used for quantification of
species concentration.
-------
Appendix R
States with Mixed Waste Authorization
-------
STATES WITH MIXED WASTE AUTHORIZATION
State/
Territory
FR Date
Effective Date
FR
Cite
Colorado
10/24/86
11/7/86
51
FR
37729
Tennessee
6/12/87
8/11/87
52
22443
S. Carolina
7/15/87
9/13/87
52
FR
26476
Washington
9/22/87
11/23/87
52
FR
35556
Georgia
7/28/88
9/26/88
53
FR
28383
Kentucky
10/20/88
12/19/88
53
FR
41164
Utah
2/21/89
3/7/89
54
FR
7417
Minnesota
4/24/89
6/23/89
54
FR
16361
Ohio
6/28/89
6/30/89
54
FR
27170
Guam
8/11/89
10/10/89
54
FR
32973
N. Carolina
9/22/89
11/21/89
54
FR
38993
Michigan
12/24/89
12/26/89
54
FR
48608
-------
Appendix S
U.S. Environmental Protection Agency
Regional Radiation Program Managers
-------
Appendix R
States with Mixed Waste Authorization
-------
STATES WITH MIXED WASTE AUTHORIZATION
State/
Territory
FR Date
Effective Date
FR
Cite
Colorado
10/24/86
11/7/86
51
FR
37729
Tenessee
6/12/87
8/11/87
52
FR
22443
S. Carolina
7/15/87
9/13/87
52
FR
26476
Washington
9/22/87
11/23/87
52
FR
35556
Georgia
7/28/88
9/26/88
53
FR
28383
Kentucky
10/20/88
12/19/88
53
FR
41164
Utah
2/21/89
3/7/89
54
FR
7417
Minnesota
4/24/89
6/23/89
54
FR
16361
Ohio
6/28/89
6/30/89
54
FR
27170
Guam
8/11/89
10/10/89
54
FR
32973
N. Carolina
9/22/89
11/21/89
54
FR
38993
Michigan
12/24/89
12/26/89
54
FR
48608
Texas
3/1/90
3/15/90
55
FR
7318
Illinois
3/1/90
4/30/90
55
FR
7320
Idaho
3/26/90
7/29/90
55
FR
11015
Arkansas
3/27/90
5/29/90
55
FR
11192
Oregon
3/30/90
5/29/90
55
FR
11909
Kansas
4/24/90
6/25/90
55
FR
17273
Mew Mexico 3/19/90, (55 FR 10076) - Notice of proposed
rulemaking on authorization for mixed waste and
other RCRA provisions. A final determination will
be published in the FR around mid-June 1990.
A J & & < L
-------
Appendix T
NRC Material Licenses by State
-------
MATERIAL LICENSES BY STATE
STATE
NRC'S
LICENSES
AGREEMENT STATES'
LICENSES
STATE
NRC'S
LICENSES
AGREEMENT SIKHS'
LICENSES
Alabama
25
478
Missouri
409
0
Alaska
75
0
Montana
110
0
Arizona
21
306
Nebraska
6
170
Arkansas
12
224
Nevada
8
141
CaRfomia
91
2256
New Hampshire
10
90
Colorado
S3
460
New Jersey
710
0
Connecticut
298
0
New Mexico
32
275
Delaware
67
0
New Ybfk
75
me*
District of Columbia
83
0
North Carolina
29
491
Florida
29
1020
North Dakota
3
99
Georgia
21
572
Ohio
758
0
Hawaii
74
0
Oklahoma
313
0
Idaho
10
130
Oregon
18
274
Illinois
127
1250
Pennsylvania
1026
0
Indiana
346
0
Rhode Island
4
55
Iowa
11
201
South Carolina
9
294
Kansas
24
367
South Dakota
57
0
Kentucky
20
353
Tennessee
47
538
Louisiana
17
531
Texas
79
1764
Maine
117
0
Utah
16
230
Maryland
67
529
Vermont
45
0
Massachusetts
568
0
Virginia
466
0
Michigan
676
0
Washington
32
372
Minnesota
242
0
West Virginia
225
0
Mississippi
15
319
Wisconsin
318
0
Wyoming
115
0
'Regulated by four different agreements rn the State of New Ybric.
Total
8008
15,765
SOURCE: NRC 01/35/90
-------
library
US EPA Region 4
AFC/9th FL Tower
61 Forsyth St. S.W.
_ Atlanta, GA 30303-3104
ATTACHMENT A
MIXED WASTE TRAINING COURSE DRAFT AGENDA
Day One?
(Optional briefing for NRC personnel
Introduction to RCRA) 8:00 - 9:00
Registration (EPA staff) 8:30 - 9:00
Introduction to the training course 9:00 - 9:15
Overview of mixed waste regulation 9:15 - 10:30
Break 10:30 - 10:45
Questions 10:45 - 11:15
Introduction to basic radiation concepts 11:15 - 12:30
Questions 12:30 - 1:00
Lunch 1:00 - 2:00
Potential mixed waste universe 2:00 - 3:00
Questions 3:00 - 3:30
Break 3:30 - 3:45
Presentation on Argonne National Lab 3:45 - 4:30
Day Two
Health physics, inspections, and on-site activities 9:00 -10:00
Questions 10:00 - 10:30
Break 10:30 - 10:45
Inspections panel discussion 10:45 - 11:30
Questions 11:30-12:00
Lunch 12:00- 1:00
Permitting \1:00 - 2:30j
Break 2:30 - 2:45
Case study (2:45 - 3:4s!1
Case study discussion 3:45 - 4:30
Course wrap-up 4:30 - 5:00
Day Three (optional)
Site visit to Argonne National Lab 9:00 -12:00
(Transportation to be provided)
d1
L&ef-ds I "t I" ''' ^
I Us
/< -1 i-L
i / / ^
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
REGIONAL RADIATION PROGRAM MANAGERS
REGION I ( CT, ME, MA, NH, RI, VT)
TOM D'AVANZO
U.S. ENVIRONMENTAL iPROTECTION AGENCY
JOHN F. KENNEDY FEDERAL BUILDING
BOSTON, MA 02203
REGION II (NJ, NY,. PR, VI)
FTS-835-4502
COMMERCIAL 617-223-4502
PAUL A. GIARDINA
U.S. ENVIRONMENTAL BRDTECTION AGENCY
26 FEDERAL PLAZA, 2AWM-RAD
NEW YORK, NY 10278
FTS-264^4418
COMMERCIAL 212-264-4418
REGION III (DC, DE, MD, PA, VA, WV)
LEWIS FELLEISEN
U.S. ENVIRONMENTAL PROTECTION AGENCY
841 CHESTNUT STREET, 3AH14
PHILADELPHIA, PA 19107
FTS-597-8326
COMMERCIAL 215-597-8326
REGION IV (AL, FL, GA, KY, MS, NC, SC, IN)
CHARLES L. WAKAMO
U.S. ENVIRONMENTAL! PROTECTION AGENCY
345 COURTLAND STREET, NE
ATLANTA, GA 30365
REGION V (IL, IN, MI, MN, OH, WI)
FTS-527-3907
COMMERCIAL 404-347-3907
GARY GULEZIAN
U.S. ENVIRONMENTAL PROTECTION AGENCY
230 SOUTH DEARBORN STREET, 5AR-26
CHICAGO, IL 60604
FTS-886-6258
COMMERCIAL 312-886-6258
REGION VI
GERALD FONTENOT
U.S. ENVIRONMENTAL PROTECTION AGENCY
1445 ROSS AVENUE, 13TH FLOOR, 6T-AS
DALLAS, TX 75202-2733
REGION VII (IA, KS, MO, NE)
CARL WALTER
U.S. ENVIRONMENTAL PROTECTION AGENCY
726 MINNESOTA AVENUE
KANSAS CITY, KS 66101
FTS-255-7504
COMMERCIAL 214-655-7204
FTS-757-2893
COMMERCIAL 913-236-2893
-------
REGION VIII (CO, MT, ND, SD, UT, WY)
MILTON W. LAMMERING FTS-564-1713
U.S. ENVIRONMENTAL PROTECTION AGENCY COMMERCIAL 303-2921713
999,18TH STREET, SUITE 500, 8HWM-RP
ONE DENVER PLACE
DENVER, CO 80202-2413
REGION IX (AZ, CA, HI, NV, GV, AMERICAN SAMOA)
MICHAEL BANDROWSKI *
U.S. ENVIRONMENTAL PROTECTION AGENCY
215 FREMONT,STREET, A-3
SAN FRANCISCO, CA 94105
REGION X (AK, ID, OR, WA)
JERRY LEITCH
U.S. ENVIRONMENTAL PROTECTION AGENCY
1200 SIXTH AVENtJE, MAIL STOP 533
SEATTLE, WA ' 98i01
FTS-454-8378
COMMERCIAL 415-974-8378
FTS-399-7660
COMMERCIAL 206-442-7660
------- |