8/2/2019 Low Level Waste Telecon April 7th, 2011 - Pages From C141839 02DX 2

1/8

From: LIA03 Ho cSent: Monday, April 11, 2011 9:57 AMTo : LIA08 Hoc; LIA02 Hoc; UA10 Ho cSubject: FW: Draft read-out 1600 Telecon 04/07/11 Low Level Radioactive Waste Disposition

-----riginal Message-----From: Schultheisz.Daniel@epamail.epa.gov [mailto:Schultheisz.Daniel@epamail.epa.gov] On Behalf OfEOCEnvironmental_Unit@epamail.epa.govSent: Monday, April 11 , 2011 9:57 AMTo: Idar, Deanne J CIV OSD POLICYCc: Eoc.Epahq@epamail.epa.gov;l(b)(6) 17b RMTPACTSUELNRC; RMTPACTSU_HHS; RMTPACTSUMLO;RMTPACTSU_SRO; DemingRM@state.gov; NITOPS; Connery, Joyce; PMT03 Hoc; David Bowman; Mustin, Tracy;(b)(6T)- ' -P.; Regan, Sean P.; Bahar, Michael; Komp, Greg R Mr CIV USA HQDA ASO;' 0 rnjm @ state.gov;1(b)(6) " . .. . ,-(b)(6)1(b)(6) Aponte, Manuel COL OSD POLICY; Lane, Aikojean UV OSD POLICY; Gross, Laura, CIV, OSD-POLICY: Malone. Slephen C CTR JCS J3; Owens, Janice; LIA03 Hoc; LIA02 Hoc; Tilden, Jay; Hoci PMT12;(b)(6) MTPACTSUDMP@ofda.gov; Smith-Kevern, Rebecca; McCaughey, Bill; McGinnis,Edward; Phillip J Finck; Farrand, David E SEAO4 04N; Douglas.Tonkay@em.doe.gov; Janet.benini@dot.gov; Curry,Michael R; Roupas, Mark, CIV, OSD-POLICY; Delazaro LtCol Steven J; Terrell,(b)(6) 1Love, Richard1(b)(6) Schultheisz.Daniel@epamail.epa.govSubject: Fw: Draft read-out 1600 Telecon 04/07/11 Low Level Radioactive Waste Disposition

Iagree that the question of NRC licensing of material resulting from contamination of equipment or conveyances,whether government-owned or commercial, was not cleared up during the call. I think the regulatory status applicableto the radiological contamination is the primary concern that needs to be addressed, whereas my reference to EPA as a"secondary regulator" applied to the potential generation of hazardous waste resulting from decontamination activities(e.g., through the use of solvents). I think this would fall under the normal program for hazardous waste management(at a port or base) (40 CFR part 261), although care should be taken to avoid mixing waste streams to minimize the .volume of waste needing special handling. It's likely that the hazardous waste management program is more integratedinto daily operations than the radiological waste program, so hopefully this would not create as much concern. It alsodoesn't seem as though there would be import issues, since (as I understood from the call) waste from decontaminationthat takes place at sea would not be held on the vessel.As I see it, if the resulting waste is regulated by NRC as low-level waste, the management options become more clear. Ifit is not, I think EPA would be more interested in the proposed disposition, whether or not it is regulated as hazardouswaste.I hope this helps. Hopefully this will become more clear as the situation evolves.Dan SchultheiszU.S. Environmental Protection AgencyOffice of Radiation and Indoor AirRadiation Protection Division(202) 343-9349-Forwardedy Daniel Schultheisz/DC/USEPA/US on 04/11/2011 09:13 AM

8/2/2019 Low Level Waste Telecon April 7th, 2011 - Pages From C141839 02DX 2

2/8

From: Epahq Eoc/DC/USEPA/USTo: OSWER OE M EOC PositionsDate: 04/08/2011 02:08 PMSubject: Fw: Draft read-out 1600 Telecon 04/07/11 Low Level Radioactive Waste Disposition

U.S. Environmental Protection AgencyHeadquarters Emergency Operations Center 1200 Pennsylvania Ave Washington, DC 20004202-564-3850 202-564-8729 (fax)mailto:eoc.epahq@epa.gov-----orwarded by Epahq Eoc/DC/USEPA/US on 04/08/2011 02:07 PM-----From: (b)(6)To:Cc :

8/2/2019 Low Level Waste Telecon April 7th, 2011 - Pages From C141839 02DX 2

3/8

(b)(6)

Date: 04/08/2011 12:53 PMSubject:RE: Draft read-out 1600 Telecon 04/07/11 Low Level

Radioactive Waste Disposition

D r. Idar,Given that much of the call wa s spent describing the current radiological status on the ground inJapan, I think a shortsummary of that status would be useful in the telecon summary. Here is a proposed paragraph."The nuclear accident in Japan has resulted inwidespread deposition of radioactive contamination throughout thenorthern part of Japan, including the metropolitan Tokyo area. Surface contamination levels in this entire region wouldbe required to be posted as radiological area if they were at a U.S. licensed facility or DOE site. Any materials leavingJapan have the potential for low levels of radioactive contamination. Thus, the discussion about materials in DODpossession is indicative of similar materials that are entering commerce from Japan. In the DC and IPC meetings earlierthis week, it was agreed that the limit of 4 Bq/cm2 for commerce was going to be acceptable and posed no health risk."There was some discussion during the telecon about the DOD's normal procedures for disposal of low-level radioactivewaste, and some participants questioned whether waste associated with Japan could simply be handled by the normalDOD program. Mr. Farrand and I noted that the current situation was well outside the scope of the normal DO Dprogram.Normal DOD processes deal with fairly limited amounts of radioactive material, in specific normal applications, handledby trained and qualified personnel. Japan related radioactivity will likely show up in a large number of different piecesof equipment, in a large number of places that typically don't handle radioactive material, and be handled by peoplewh o normally have no involvement with the DOD radioactive waste program. That is why DOD's preference is for suchmaterial to be returned to Japan if possible. If his isno t possible, it would be necessary to greatly expand the scope andresources of the DOD radioactive waste disposal program.In addition, Iwould propose that the summary of the telecon address the following considerations. Ifsome of the otherparties to the call can clarify these matters, that would be great. If hey can't at this time, then the telecon summaryshould be clear that these matters are still open questions.Regarding the question of NR C or Agreement State licensing, either for import or possession of radiologicallycontaminated material of Japan origin, the telecon and the excerpts forwarded by Ms. Owens do no t provide a clearanswer. During the call, there was an initial statement that NRC would no t be licensing such material. Later on thediscussion included reference to potential licensing. The regulatory provisions cited by Ms. Owens discuss theregulatory aspects of normal commerce in radioactive materials. It is no t clear that these provisions would apply to

3

8/2/2019 Low Level Waste Telecon April 7th, 2011 - Pages From C141839 02DX 2

4/8

widely scattered accident fallout that has placed low level contaminated material in the hands of many unregulatedpeople and on material that will be entering commerce throughout the world.Inaddition to the passages from NR C regulations quoted in the draft telecon summary, Iwould invite consideration ofthese provisions of N RC regulation in 1OCFR20:10 C.F.R. 20,1002 Scope.The regulations in this part apply to persons licensed by the Commission to receive, possess, use, transfer, or dispose ofbyproduct, source, or special nuclear material or to operate a production or utilization facility under parts 30 through36, 39, 40, 50, 52, 60, 61, 63, 70, or72 of this chapter, and inaccordance with 10 CF R 76.60 to persons required to obtain a certificate of compliance or anapproved compliance plan under part 76 of this chapter. The limits in this part do no t apply to doses due to backgroundradiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, to exposure fromindividuals administered radioactive material and released under 35.75, or to exposure from voluntary participation inmedical research programs.10 C.F.R. 20.1003 Definitions:"Background radiation means radiation from cosmic sources; naturally occurring radioactive material, including radon(except as a decay product of source or special nuclear material); and global fallout as it exists in the environment fromthe testing of nuclear explosive devices or from past nuclear accidents such as Chernobyl that contribute to backgroundradiation and are not under the control of the licensee,"Background radiation" does not include radiation from source, byproduct, or special nuclear materials regulated by theCommission."

As NR C considers these licensing questions, it is important to note that the position taken by NR C on these questionsrelated to a license to import or licensing for possession should apply across the board to all entities that import orreceive material from the northern half of Japan and no t just the Department of Defense.The EP A representative on the call (Dan Schultheisz?) stated that EP A would be a "secondary regulator" for this material.Could EP A provide further clarification of which EP A regulations might apply to this material, and how such secondaryregulation might be implemented? As with the NR C licensing questions, any EP A regulation of potentially contaminatedmaterial returning from Japan would have to take into account that low levels of radioactive contamination may bepresent on and in any materials coming to the U.S. from Japan, including people, commercial aircraft, machinery, partsand other goods in commerce.Other than food imports, we are not aware of restrictions that have been imposed on other materials from Japan.We appreciate your efforts to settle the questions of waste disposal in Japan, off-load of affected materials from ships inJapan, and potential return of wastes contaminated with Japan-origin radioactivity to Japan.We would encourage any action that would assist in a prompt resolution of the first tw o of these, and an eventualresolution of the third.Jeff SteeleNaval Reactors202-781-6192

-----iginal M ssage- ...From: Idar, Deanne J CIV OSD POLICY [mailt bSent: Thursday, April 07, 2011 6:55 PM I

4

8/2/2019 Low Level Waste Telecon April 7th, 2011 - Pages From C141839 02DX 2

5/8

To: 'eoc.epahq@epa.gov'; (b)(6) I%;Eoc.Epahq@epamail.epa.gov'; 'RMTPACTSUELNRC'; 'RMTPACTSU_HHS';'RMTPACTSUMLO'; 'RMTPACTSUSRO'; 'DemingRM @state. ov'; 'NITOPS'; 'Connery, Joyce'; 'PMT03 Hoc'; 'DavidBowman'; 'Mustin, Tracy'; (b)(6) IPbo) ; 'Regan, Sean P.'; 'Bahar, Michael'; Komp, Greg RMr CIVUS A HQDA A50: ' ornim@state.0ov'J(b)(b) unning, Gregory ACaptCode 07, 07; (b)(6) ponte, Manuel IL DP ;ane, AJkojean CIV OSD POLICY; Gross,Laura, CIV, OSD-POLICY; Malone, Stephen CCT R JCS J3; 'Owens, Janice'; 'LIAO3 Hoc'; 'LIA02 Hoc'; 'Tilden, Jay'; 'Hoc,P.MT12'(b)(6) 'RMTPACTSUDMP@ofda.gov'; 'Smith-Kevern, Rebecca'; 'McCaughey, Bill';'McGinnls, Edward'; 'Phillip J Finck'; Farrand, David ESEA04 04N; Steele, Jeffrey M CIV SE A 08 NR ;'Douglas.Tonkay@em.doe.gov'; 'Janet.benini@dot.gov'; 'Curry, Michael R' ; Roupas, Mark, CIV, OSD-POLICY; DelazaroLtCol Steven J; Terrell, Patrick COL (USA) OSD POLICY; Love, Richard ACIV OSD POLICYSubject: Draft read-out 1600 Telecon 04/07/11 Low Level Radioactive Waste DispositionUNCLASSIFIED// FOR OFFICIAL USE ONLYALCON:The draft read-out from today's 1600 Telecon on the Low Level Radioactive Waste (LLRW) Disposition is attached (andcopied below) foryour review. I welcome feedback from the participants on any missingdue-outs or key points.Thanks again to all that were able to participate in our discussion.Best,

Deanne

Low Level Radioactive Waste (LLRW) Disposition IA (Sub-set) Telecon:

1600-1700 Thursday, 6 April 2011Participants:1. NNSA/DOE: EM HQ Office of Disposal Operations Office, GeneralCounsel, NE2. EPA3. NRC4. NSSS. DoD: DoD LLRW Disposition Advisory Committee Chair, NavalReactors, OSD(P)/CWMDFacilitator: Dr. Deanne J. Idar, OSD Policy/Global Strategic Affairs/ CWMD/ CBRN DefenseDue outs:* DOE: Verify if DOE AM S assets have had any radioactive levels

5

8/2/2019 Low Level Waste Telecon April 7th, 2011 - Pages From C141839 02DX 2

6/8

above clearance criteria; follow-up with (b)(6)J* NRC: provide DOS POCs information to OSD(P)/CWMD; CWMD willdistribute to DoD LLRW Disposition Advisory Committee Chair* NSS: facilitate connection to DOS contacts for OSD(P)/CWMD

Agenda1. Roll Call2. Review of 4 questions posed by DoD LLRW Disposition AdvisoryCommittee* Will rad waste generated outside the hot, warm or plume zones bereturned to Japan or treated as US generated waste?* Can this waste be declared 91b, "national defense" waste or dowe need to treat as commercial low level radwaste?* If commercial, will we need import permit from NRC?* Can we access DOE disposal sites?

3. Wrap upMeeting Summary:

Th e objective of today's telecon was to assist the DoD in developing the appropriate guidance to address any regulatoryrequirements for the appropriate disposition of LLWR generated by DoD operations in supportof Operation Tomodachi OCONUS and CONUS. The 4 questions identifiedabove were reviewed. Key points follow:* Locations of concern with respect to accumulated LLRW

o In Japan - outside of hot zoneo Sea platformso Retrograde in theatreo Stateside decon locations* Recommended areas for disposition

o In Japan - disposition in Japano Se a platforms - disposition in Japano Retrograde in theatre - disposition in Japano Stateside decon locations - disposition in US

6

8/2/2019 Low Level Waste Telecon April 7th, 2011 - Pages From C141839 02DX 2

7/8

Disposition requirementso In Japan:* Need DOS assistance to determine what agreements and anypotential legal requirements need to be negotiated with the Government of Japan (GOJ), to ensure that we are followingappropriate GOJ disposition requirements.* Need specifics on GOJ's waste disposition requirements.

o Stateside:* RCRA regulated waste - need determination on whether or notthere will be mixed hazardous waste* Does DoD and/or commercial vendors need an y source special orbyproduct material licensing to handle LLRW (or retrograde?)* NRC import requirements -* Do D has an exclusion for their own LLRW* See background NRC regulations information provided by Ms .Janice Owens, NRC, regarding general license for import, and definitions as follows.

110.27 General license for import.(a) Except as provided in paragraphs (b) and (c) of this section, a general license is issued to any person to importbyproduct, source, or special nuclear material if the U.S. consignee is authorized to receive and possess the materialunder a general or specific NRC or Agreement State license issued by the Commission or a State with which theCommission has entered into an agreement under Section 274b. of the Atomic Energy Act.(b)Th e general license in paragraph (a) of this section does not authorize the import of more than 100 kilograms pershipment of source and/or special nuclear material in the form of irradiated fuel.(c) Paragraph (a) of this section does not authorize the import under a general license of radioactive waste.(d) A person importing formula quantities of strategic special nuclear material (as defined in 73.2 of this chapter)under this general license shall provide the notifications required by 73.27 and 73.72 of this chapter.(e) A general license is issued to any person to import the major components of a utilization facility as defined in 110.2for end- use at a utilization facility licensed by the Commission.(f) Importers of radioactive material listed in Appendix P to this part must provide the notifications required by 110.50.[51 FR 47208, Dec. 31 , 1986, as amended at 56 FR 38336, Aug. 13, 1991;58 FR 13003, Mar. 9, 1993; 60 FR 37564, July 21, 1995; 61 FR 35602, July 8, 1996; 65 FR 70291, Nov. 22 , 2000; 68 FR31589, May 28 , 2003; 70 FR 37991, July 1, 2005; 75 FR 44089, Jul. 28 , 2010]

7

8/2/2019 Low Level Waste Telecon April 7th, 2011 - Pages From C141839 02DX 2

8/8

110.2 Definitions.Radioactive waste, for the purposes of this part, means any material that contains or is contaminated with source,byproduct, or special nuclear material that by its possession would require a specific radioactive material license inaccordance with this Chapter and is imported or exported for the purposes of disposal in a land disposal facility asdefined in 10 CFR part 61 , a disposal area as defined in Appendix A to 10 CFR part 40, or an equivalent facility; orrecycling, waste treatment or other waste management process that generates radioactive material for disposal in aland disposal facility as defined in 10 CFR part 61 , a disposal area as defined in Appendix A to 10 CFR part 40 , or anequivalent facility. Radioactive waste does not include radioactive material that is-(1) Of U.S. origin and contained in a sealed source, or device containing a sealed source, that is being returned to amanufacturer, distributor or other entity which is authorized to receive and possess the sealed source or the devicecontaining a sealed source;(2) A contaminant on any non-radioactive material (including service tools and protective clothing) used in a nuclearfacility (an NRC- or Agreement State-licensed facility (or equivalent facility) or activity authorized to possess or useradioactive material), if the material is being shipped solely for recovery and beneficial reuse of the non-radioactivematerial in a nuclear facility and not for waste management purposes or disposal;(3) Exempted from regulation by the Nuclear Regulatory Commission or equivalent Agreement State regulations;(4) Generated or used in a U.S. Government waste research and development testing program under internationalarrangements;(5) Being returned by or for the U.S. Government or military to a facility that is authorized to possess the material; or(6) Imported solely for the purposes of recycling and not for waste management or disposal where there is a market forthe recycled material and evidence of a contract or business agreement can be produced upon request by the NRC.

Note: The definition of radioactive waste in this part does not include spent or irradiated fuel.

Deanne J. Idar, Ph.D.Senior Science AdvisorOSD(P)-GSA/CWMD/CBRN Defense PolicyOffice: Rm 5C746 PentagonPhone: 703-571-2327

L3ackberry: (b)(6)

8