From: Sent: To: Subject:

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

Original Message --------From: Schultheisz.Daniel@epamail.epa.gov [mailto:Schultheisz.Daniel@epamail.epa.gov] On Behalf Of EOCEnvironmental_Unit@epamail.epa.gov Sent: Monday, April 11, 2011 9:57 AM To: Idar, Deanne J CIV OSD POLICY Cc: 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; Regan, Sean P.; Bahar, Michael; Komp, Greg R Mr CIV USA HQDA ASO; ' -P.; (b)(6T). ,-(b)(6) .. . " ornjm @ state.gov;1(b)(6) ' 0 1(b)(6) Aponte, Manuel COL OSD POLICY; Lane, Aikojean UV OSD POLICY; Gross, Laura, CIV, OSDPOLICY: 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, Richard 1(b)(6) Schultheisz.Daniel@epamail.epa.gov Subject: Fw: Draft read-out 1600 Telecon 04/07/11 Low Level Radioactive Waste Disposition

I agree 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 applicable to 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 integrated into daily operations than the radiological waste program, so hopefully this would not create as much concern. It also doesn't seem as though there would be import issues, since (as I understood from the call) waste from decontamination that 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. If it is not, I think EPA would be more interested in the proposed disposition, whether or not it is regulated as hazardous waste. I hope this helps. Hopefully this will become more clear as the situation evolves. Dan Schultheisz U.S. Environmental Protection Agency Office of Radiation and Indoor Air Radiation Protection Division (202) 343-9349

-Forwarded by Daniel Schultheisz/DC/USEPA/US on 04/11/2011 09:13 AM

From: To: Date: Subject:

Epahq Eoc/DC/USEPA/US OSWER OEM EOC Positions 04/08/2011 02:08 PM Fw: Draft read-out 1600 Telecon 04/07/11 Low Level Radioactive Waste Disposition

U.S. Environmental Protection Agency Headquarters Emergency Operations Center 1200 Pennsylvania Ave Washington, DC 20004 202-564-3850 202-564-8729 (fax) mailto:eoc.epahq@epa.gov Forwarded by Epahq Eoc/DC/USEPA/US on 04/08/2011 02:07 PM --------From: To: Cc: (b)(6)

(b)(6)

Date: 04/08/2011 12:53 PM Subject:RE: Draft read-out 1600 Telecon 04/07/11 Low Level Radioactive Waste Disposition

Dr. Idar, Given that much of the call was spent describing the current radiological status on the ground in Japan, I think a short summary of that status would be useful in the telecon summary. Here is a proposed paragraph. "The nuclear accident in Japan has resulted in widespread deposition of radioactive contamination throughout the northern part of Japan, including the metropolitan Tokyo area. Surface contamination levels in this entire region would be required to be posted as radiological area if they were at a U.S. licensed facility or DOE site. Any materials leaving Japan have the potential for low levels of radioactive contamination. Thus, the discussion about materials in DOD possession is indicative of similar materials that are entering commerce from Japan. In the DC and IPC meetings earlier this 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 radioactive waste, and some participants questioned whether waste associated with Japan could simply be handled by the normal DOD program. Mr. Farrand and I noted that the current situation was well outside the scope of the normal DOD program. Normal DOD processes deal with fairly limited amounts of radioactive material, in specific normal applications, handled by trained and qualified personnel. Japan related radioactivity will likely show up in a large number of different pieces of equipment, in a large number of places that typically don't handle radioactive material, and be handled by people who normally have no involvement with the DOD radioactive waste program. That is why DOD's preference is for such material to be returned to Japan if possible. If this is not possible, it would be necessary to greatly expand the scope and resources of the DOD radioactive waste disposal program. In addition, I would propose that the summary of the telecon address the following considerations. If some of the other parties to the call can clarify these matters, that would be great. If they can't at this time, then the telecon summary should be clear that these matters are still open questions. Regarding the question of NRC or Agreement State licensing, either for import or possession of radiologically contaminated material of Japan origin, the telecon and the excerpts forwarded by Ms. Owens do not provide a clear answer. During the call, there was an initial statement that NRC would not be licensing such material. Later on the discussion included reference to potential licensing. The regulatory provisions cited by Ms. Owens discuss the regulatory aspects of normal commerce in radioactive materials. It is not clear that these provisions would apply to

widely scattered accident fallout that has placed low level contaminated material in the hands of many unregulated people and on material that will be entering commerce throughout the world. In addition to the passages from NRC regulations quoted in the draft telecon summary, I would invite consideration of these provisions of NRC 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 of byproduct, source, or special nuclear material or to operate a production or utilization facility under parts 30 through 36, 39, 40, 50, 52, 60, 61, 63, 70, or 72 of this chapter, and in accordance with 10 CFR 76.60 to persons required to obtain a certificate of compliance or an approved compliance plan under part 76 of this chapter. The limits in this part do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, to exposure from individuals administered radioactive material and released under 35.75, or to exposure from voluntary participation in medical 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 from the testing of nuclear explosive devices or from past nuclear accidents such as Chernobyl that contribute to background radiation and are not under the control of the licensee, "Background radiation" does not include radiation from source, byproduct, or special nuclear materials regulated by the Commission."

As NRC considers these licensing questions, it is important to note that the position taken by NRC on these questions related to a license to import or licensing for possession should apply across the board to all entities that import or receive material from the northern half of Japan and not just the Department of Defense. The EPA representative on the call (Dan Schultheisz?) stated that EPA would be a "secondary regulator" for this material. Could EPA provide further clarification of which EPA regulations might apply to this material, and how such secondary regulation might be implemented? As with the NRC licensing questions, any EPA regulation of potentially contaminated material returning from Japan would have to take into account that low levels of radioactive contamination may be present on and in any materials coming to the U.S. from Japan, including people, commercial aircraft, machinery, parts and 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 in Japan, 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 two of these, and an eventual resolution of the third. Jeff Steele Naval Reactors 202-781-6192

Original Message-.... ----From: Idar, Deanne J CIV OSD POLICY [mailt b I Sent: Thursday, April 07, 2011 6:55 PM
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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'; 'David IPbo) ; 'Regan, Sean P.'; 'Bahar, Michael'; Komp, Greg R Mr CIV Bowman'; 'Mustin, Tracy'; (b)(6) unning, Gregory A Capt USA HQDA A50: ' ornim@state.0ov'J(b)(b) Code 07, 07; (b)(6) ponte, Manuel IL DP Lane, AJkojean CIV OSD POLICY; Gross, ; Laura, CIV, OSD-POLICY; Malone, Stephen C CTR 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 E SEA04 04N; Steele, Jeffrey M CIV SEA 08 NR; 'Douglas.Tonkay@em.doe.gov'; 'Janet.benini@dot.gov'; 'Curry, Michael R'; Roupas, Mark, CIV, OSD-POLICY; Delazaro LtCol Steven J; Terrell, Patrick COL (USA) OSD POLICY; Love, Richard A CIV OSD POLICY Subject: Draft read-out 1600 Telecon 04/07/11 Low Level Radioactive Waste Disposition UNCLASSIFIED// FOR OFFICIAL USE ONLY ALCON: The draft read-out from today's 1600 Telecon on the Low Level Radioactive Waste (LLRW) Disposition is attached (and copied below) for your review. I welcome feedback from the participants on any missing due-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 2011 Participants: 1. NNSA/DOE: EM HQ Office of Disposal Operations Office, General Counsel, NE 2. 3. 4. EPA NRC NSS

S. DoD: DoD LLRW Disposition Advisory Committee Chair, Naval Reactors, OSD(P)/CWMD Facilitator: Dr. Deanne J. Idar, OSD Policy/Global Strategic Affairs/ CWMD/ CBRN Defense Due outs: * DOE: Verify if DOE AMS assets have had any radioactive levels
5

above clearance criteria; follow-up with (b)(6)J

*

NRC: provide DOS POCs information to OSD(P)/CWMD; CWMD will

distribute to DoD LLRW Disposition Advisory Committee Chair

*

NSS: facilitate connection to DOS contacts for OSD(P)/CWMD

Agenda 1. Roll Call

2. Review of 4 questions posed by DoD LLRW Disposition Advisory Committee

*

Will rad waste generated outside the hot, warm or plume zones be

returned to Japan or treated as US generated waste?

*

Can this waste be declared 91b, "national defense" waste or do

we need to treat as commercial low level radwaste?

*

If commercial, will we need import permit from NRC? Can we access DOE disposal sites? Wrap up

3.

Meeting Summary: The objective of today's telecon was to assist the DoD in developing the appropriate guidance to address any regulatory requirements for the appropriate disposition of LLWR generated by DoD operations in support of Operation Tomodachi OCONUS and CONUS. The 4 questions identified above were reviewed. Key points follow:
*

Locations of concern with respect to accumulated LLRW In Japan - outside of hot zone Sea platforms Retrograde in theatre Stateside decon locations Recommended areas for disposition In Japan - disposition in Japan Sea platforms - disposition in Japan Retrograde in theatre - disposition in Japan Stateside decon locations - disposition in US
6

o o o o
*

o o o o

Disposition requirements o
*

In Japan: Need DOS assistance to determine what agreements and any

potential legal requirements need to be negotiated with the Government of Japan (GOJ), to ensure that we are following appropriate GOJ disposition requirements.
*

Need specifics on GOJ's waste disposition requirements. Stateside: RCRA regulated waste - need determination on whether or not

o
*

there will be mixed hazardous waste

*

Does DoD and/or commercial vendors need any source special or

byproduct material licensing to handle LLRW (or retrograde?)

*

NRC import requirements DoD 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 import byproduct, source, or special nuclear material if the U.S. consignee is authorized to receive and possess the material under a general or specific NRC or Agreement State license issued by the Commission or a State with which the Commission has entered into an agreement under Section 274b. of the Atomic Energy Act. (b) The general license in paragraph (a) of this section does not authorize the import of more than 100 kilograms per shipment 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 110.2 for 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 FR 31589, May 28, 2003; 70 FR 37991, July 1, 2005; 75 FR 44089, Jul. 28, 2010]

 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 in accordance with this Chapter and is imported or exported for the purposes of disposal in a land disposal facility as defined in 10 CFR part 61, a disposal area as defined in Appendix A to 10 CFR part 40, or an equivalent facility; or recycling, waste treatment or other waste management process that generates radioactive material for disposal in a land disposal facility as defined in 10 CFR part 61, a disposal area as defined in Appendix A to 10 CFR part 40, or an equivalent 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 a manufacturer, distributor or other entity which is authorized to receive and possess the sealed source or the device containing a sealed source; (2) A contaminant on any non-radioactive material (including service tools and protective clothing) used in a nuclear facility (an NRC- or Agreement State-licensed facility (or equivalent facility) or activity authorized to possess or use radioactive material), if the material is being shipped solely for recovery and beneficial reuse of the non-radioactive material 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 international arrangements; (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 for the 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 Advisor OSD(P)-GSA/CWMD/CBRN Defense Policy Office: Rm 5C746 Pentagon Phone: 703-571-2327 L3ackberry: (b)(6)