EPA Work in TENORM Philip Egidi U.S. Environmental Protection Agency Office of Radiation and Indoor Air NORM/TENORM Training May 8, 2017 CRCPD Annual Meeting Scottsdale, AZ

Disclaimer This presentation is the opinion of the author only and does not represent EPA policy, regulation, or position. The intent is to engage in meaningful exchange of ideas with interested parties on the evaluation, control and management of naturally occurring radioactive materials enhanced by industrial processes. The author cannot represent EPA policy or position because we don’t know what they are. Or who they are. Really – it’s existential May 8, 2017

Overview EPA Definitions of NORM/TENORM EPA Authorities Current Activities May 8, 2017

EPA Definitions NORM Naturally occurring radioactive material (and radiation): Materials which may contain any of the primordial radionuclides or radioactive elements as they occur in nature, such as radium, uranium, thorium, potassium, and their radioactive decay products, that are undisturbed as a result of human activities Radiation levels presented by NORM are generally referred to as a component of “natural background radiation” Source: EPA 2008 May 8, 2017

EPA Definitions TENORM Technologically enhanced NORM: NORM materials that have been concentrated or exposed to the accessible environment as a result of human activities such as manufacturing, mineral extraction, or water processing Technologically enhanced means that the radiological, physical, and chemical properties of the radioactive material have been altered by having been processed, or beneficiated, or disturbed in a way that increases the potential for human and/or environmental exposures Source: EPA 2008 May 8, 2017

Regulatory Variations Some EPA regulations capture certain media-specific TENORM (CAA, SDWA, CWA) There is no single, overarching TENORM cleanup or disposal standard. One size would not fit all. Uranium, thorium, radium, lead and polonium (among others) can be, and are in fact, regulated under the Act, and not regulated under the Act, depending on pedigree. There is inconsistent regulation at the national, state and local level. As such, isotopes of U, Th… May 8, 2017

Regulation: The High View The materials we are discussing today are not captured by the Atomic Energy Act (AEA) AEA only addresses source (ore), byproduct (U/Th mill tailings) or special nuclear material (enriched). Does not capture x-rays, NORM or TENORM DOE regulates their TENORM under Order 458.1 Uranium mill tailings – AEA Vanadium or radium tailings – Non-AEA Authority primarily falls to the states. May 8, 2017

Regulation AEA requirements are strict with respect to control and exposure to radioactive materials Licensing Requirements for possession Adequate training, resources, and need for material Liability Not so much with TENORM… Unintended Limited oversight, if any Low activity, but high-volume Can still be significant liability… May 8, 2017

TENR* - Gesell and Prichard - 1975 “There appears to us to be a certain inconsistency in the relative concern for exposure to radiation from man-made sources and exposure from "natural" sources.” “We do not feel that equivalent exposures from man-made non- medical radiation or TENR should evoke different attitudes or be subject to different criteria for control.” Thank you, gents… A rem is a rem is a rem. Unless it isn’t… * Technologically enhanced natural radiation May 8, 2017

Examples of Federal Regulation Safe Drinking Water Act Maximum Contaminant Levels for drinking water (40 CFR 141) Uranium, radium (combined), gross alpha/beta Clean Water Act Surface runoff standards for uranium and radium at mines and mills (40 CFR 440 (C)) Clean Air Act National Emissions Standards for Hazardous Air Pollutants (40 CFR 61) Radon from underground uranium mines Radon flux from phosphogypsum stacks Po-210 from elemental phosphorous production Radon flux from uranium mill tailings piles May 8, 2017

EPA Work in TENORM Clean Air Act: Update to CAP88 V4 COMPLY Subpart W update final (radon flux from uranium byproduct material) Rad NESHAPS Program Training for Regions and Stakeholders upcoming May 8, 2017

Water Clean Water Act Effluent limit guidelines from unconventional oil and gas to POTWs – 2019 (40 CFR 435) https://www.epa.gov/eg/unconventional-oil-and-gas-extraction-effluent-guidelines Safe Drinking Water Act Underground Injection Control (UIC) Program May 8, 2017

RCRA TENORM disposal in solid waste facilities Coal ash rule Evaluation underway to determine if rulemaking is needed to address wastes from oil and gas Brought by litigation Decision due in 2019 Coal ash rule Requirements for landfills and impoundments https://www.epa.gov/coalash/coal-ash-rule May 8, 2017

Disposal TENORM is not disposed as radioactive waste. Disposal is restricted for “radioactive waste,” which is usually defined as material licensed by the nuclear regulator (i.e., NRC). Under that interpretation, TENORM is not “radioactive waste.” It is waste that contains some radioactivity. Some waste Compacts do consider TENORM to be low level waste. Most often disposed in a solid waste landfill or a hazardous waste landfill (which has more design requirements). Permission from the local authorities required to accept TENORM. It is growing practice for landfills to have portal monitors in order to detect materials with elevated radioactivity. Limits may be imposed on the level of radioactivity or the type of material accepted at a facility. State regulations, if they exist, may also apply to disposal. May 8, 2017

CERCLA OLEM: Radiation Risk Assessment At CERCLA Sites: Q&A OSWER 9285.6-20 12 is the new 15 TENORM can be subject to CERCLA…. May 8, 2017

Other Guidance ANSI/HPS N13.53 Control and Release of TENORM Consensus standard References ANSI/HPS N13.12 (1999 version) for clearance levels. EPA TENORM resources: https://www.epa.gov/radiation/tenorm-resources Uranium overburden study and more… May 8, 2017

Questions? Philip Egidi Environmental Scientist Radiation Protection Division US Environmental Protection Agency Washington, DC (202) 343-9186 egidi.philip@epa.gov May 8, 2017