.[mm >g Department of Energy k[ * ,f'' .- Albuquerque Operations Office g ; P. O. Box 5400 g Albuquerque, New Mexico 87185-5400 JM ) 1 1994 Mr. Joseph J. IIolonich, Chief Iligh-Level Waste and Uranium Recovery Division of Waste Management Office of Nuclear Material Safety and Safeguards Mail Stop 5E-4 OWFN U.S. Nuclear Regulatory Commission Washington, DC 20555 Dear Mr. Ilolonich: The Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978, as amended, Public Law 95-604,42 U.S.C. Section 7901, et seg. establishes a program of assessment and remediation of properties in the vicinity (vicinity properties) of active and inactive uranium processing sites to ensure that mill tailings from those vicinity properties containing residual radioactive materials (RRM) are controlled, stabilized and disposed in a safe and environmentally sound manner. As of this date, the Department of Energy (DOE) under its Uranium Mill Tailings Remedial Action (UMTRA) Project and the state of Colorado have assessed and remediated approximately 4000 of these vicinity properties in and around Grand Junction, Colorado, and have disposed of the mill tailings containing RRM at the U.S. Nuclear Regulatory Commission (NRC) approved Cheney Reservoir Disposal Site (Cheney) in Mesa County, Colorado. There are currently seventeen (17) additional vicinity properties that need to be remediated. However, these properties contain hazardous substances that have been commingled with the mill tailings containing RRM. The Department of Energy (DOE) and the state of Colorado did not generate the hazardous substances. Some of the vicinity properties contain Resource Conservation and Recovery Act (RCRA),42 U.S.C. Section 6901 et seq., characteristic and listed hazardous waste, and some of the properties contain Toxic Substance Control Act (TSCA),42 U.S.C. Section 2601 et seg. hazardous substance, more specifically, PCB's. The DOE and the state of Colorado are in the process of negotiating an agreement whereby DOE and Colorado's Department of Ilealth (CDil) UMTRA Programs Section will be authorized to treat the characteristic hazardous waste commingled with tailings containing RRM to render the hazardous waste non-hazardous. Thereafter, with the approval of the several required entities, including NRC, the treated characteristic hazardous waste (now non-hazardous waste) commingled with the tailings containing RRM will be disposed of at Cheney. Those vicinity properties containing RCRA listed t hazardous waste or TSCA hazardous substances will not be remediated. The DOE and I y I 940722o014 940711 - PDR WASTE s WM-39 PDR U . _ _ _ _ _ _ _ _ _ _ _ _ _ _ i l - : * . | Mr. Joseph I. Ilolonich -2- O the state of Colorado will apply supplemental standards, as allowed by 40 CFR Section 192 to these properties. Enclosed for your review and comment is the procedure developed by DOE outlining the steps and approvals we believe are necessary for the treatment and ultimate disposal of characteristic hazardous waste commingled with tailings containing RRM at Cheney. We would appreciate your comments to Mr. Jay Pape of my staff by July 15,1994. If you have any questions, you can reach Mr. Pape at (505) 845-4030. The DOE solicits your assistance in this worthy endeavor. Sincerely, - C i Jay M. Pape Site Manager Uranium Mill Tailings Remedial Action Project Office Enclosure cc w/ enclosure: J. Deckler, CDil J. Virgona, GJPO J. Mora, OCC C. Smythe, UMTRA C. Spencer, RAC L. Lauer, RAC-GJ W. Migdal, TAC D. Bierley, TAC : I * , / . , Procedure for the Treatment and Disposal of Commineled Waste , . - This procedure applies to the vicinity properties known to have characteristic hazardous I wastes commingled with RRM and outlines the process for regulatory approval so the material can be treated,(rendered non-hazardous), and disposed at the Cheney Reservoir Disposal Site (Chency). ; ! 1. DOE will ask the Mesa County, Colorado, Commissioners to amend DOE's ' Conditional Use Permit and Certificate of Designation to allow disposal of treated , characteristic hazardous waste commingled with mill tailings containing RRM at ! Cheney. ) 2. The DOE, and the Colorado Department of IIcalth (CDil), UMTRA Programs i Section (CDil-UMTRA), are currently negotiating an agreement with the CDil llazardous Waste Section (CDil-IIWC) whereby DOE and CDH-UMTRA will be authorized to remediate certain vicinity properties containing RCRA characteristic hazardous waste commingled with mill tailings containing RRM. 3. The Agreement requires DOE and CDII-UMTRA to develop work plans for the remediation of each property for ieview and approval by CDil. Upon approval, I the work plans will be given to the NRC for its information. 4. DOE and CDil-UMTRA will treat the characteristic hazardous waste commingled with RRM. 5. DOE and CDil-UMTRA will perfonn Toxicity Characteristic Leaching Procedure (TCLP) tests on all treated material to determine whether the material exhibits the hazardous waste characteristic. The test results will be reviewed and the results approved by DUE and CDil before shipment of the tailings to Chency. 6. A copy of the TCLP data will be provided to Mesa County for its information. Mesa County will be notified prior to shipment to Cheney from each site. 7a. The llansen Container vicinity property was remediated by the U.S. Environmental Protection Agency (EPA) through a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) removal action. Because of EPA's CERCLA authority, the approvals required in steps 2-5 above did not occur Nevertheless, CDil-llWC reviewed the characterization data and approved the regulatory detennination classifying the material as a characteristic hazardous waste. 7b. The TCLP results will be reviewed and the results approved by DOE and CDil before shipment of the tailings to Cheney. I.