RCRA­
2002­
0027
Response
to
Comments
The
EPA
has
determined
that
the
comments
received
are
not
adverse
comments.
The
rule
entitled
"
Land
Disposal
Restrictions:
National
Treatment
Variance
to
Designate
New
Treatment
Subcategories
for
Radioactively
Contaminated
Cadmium­,
Mercury­,
and
Silver
Containing
Batteries;
Direct
Final
Rule"
will
be
effective
without
modification
on
November
21,
2002.
The
substance
of
the
comments
received
and
EPA's
response
follows.

Document
Id:
RCRA­
2002­
0027­
0004
Title:
Comments
from
Office
of
Nuclear
Material
Safety
and
Safeguards,
USNRC
Type:
Public
Comment
Company/
Group/
Association
Name:
Office
of
Nuclear
Material
Safety
and
Safeguards,
U.
S.
Nuclear
Regulatory
Commission
Author
Date:
11­
06­
2002
Comment:
The
following
comments
are
provided
from
the
Office
of
Nuclear
Material
Safety
and
Safeguards,
USNRC
(
contact:
Frank
Cardile,
U.
S.
Nuclear
Regulatory
Commission,
Mail
Stop
T­
9C24,
Rockville,
MD,
20852;
e­
mail:
fpc@
nrc.
gov):
1)
Page
62621
of
the
FRN
states
that
"...
recovered
metals
would
likely
contain
residual
radioactive
contamination.
As
a
consequence,
the
recovered
metals
would
have
an
extremely
low
probability
for
reuse."
Although
this
statement
may
be
referring
to
waste
issues,
it
could
be
taken
out
of
context
and
interpreted
to
mean
that
"
cleared
metals"
would
have
an
extremely
low
probability
for
reuse.
Therefore,
we
suggest
that
these
sentences
either
be
deleted
or
reworded
in
this,
and
in
other
EPA/
DOE
documents
related
to
this
rule,
to
more
clearly
refer
to
the
waste
context
in
which
they
are
intended.
2)
The
basis
of
the
rule
does
not
appear
to
be
risk­
informed
and
there
is
not
available
at
this
time
a
regulatory
analysis
that
addresses
radiation
safety
in
support
of
this
action.
It
is
suggested
that
there
be
a
supporting
technical
basis
available
for
review
as
part
of
the
rule.

Response:
We
acknowledge
the
commenter's
concern
that
any
statement
could
be
misread
out
of
context.
Clearance
is
the
release
from
regulatory
control
of
materials
that
may
contain
residual
levels
of
radioactivity.
An
example
of
this
is
the
release
of
slightly
contaminated
metal
from
nuclear
facilities
into
the
general
scrap
metal
supply.
Recycling
"
cleared
metals"
would
not
mean
the
dilution
of
highly
contaminated
metal
with
other
metal
in
the
industry.
Rather,
it
would
mean
the
careful
sorting
of
metals,
using
standard
criteria,
such
that
no
metals
above
the
clearance
criterion
would
find
their
way
into
commerce.
Metals
containing
levels
above
the
standard
could
be
further
decontaminated
or
sent
for
low­
level
radioactive
waste
disposal
if
decontamination
to
the
clearance
criteria
could
not
be
achieved.
In
the
case
of
RCRA
mixed
wastes,
land
disposal
restrictions
would
also
have
to
be
met
before
disposal.
The
Agency's
full
statement
did
not
reference
"
cleared
metals,"
but
conveyed
that
the
recycling
of
contaminated
mixed
waste
materials
would
likely
result
in
recovered
metals
with
residual
radioactive
contamination
that
would
likely
limit
or
prevent
their
use.
The
commenter
also
suggests
that
a
regulatory
analysis
that
addresses
radiation
safety
be
made
available
for
review
as
part
of
the
rule.
The
EPA
has
not
performed
such
a
radiation
safety
analysis,
nor
is
it
obligated
to.
This
regulation
is
applicable
solely
to
batteries
that
must
be
managed
as
"
mixed
waste."
"
Mixed
waste"
is
waste
that
contains
a
hazardous
waste
component
and
a
radioactive
material
component.
A
hazardous
waste
is
either
listed
under
40
CFR
Part
261,
Subpart
D,
and/
or
exhibits
a
characteristic
described
in
40
CFR
Part
261,
Subpart
C.
Radioactive
material
must
be
classified
as
source,
special
nuclear,
or
byproduct
material
subject
to
the
Atomic
Energy
Act
of
1954
(
AEA)
(
42
U.
S.
C.
Section
201
et
seq.)
Mixed
waste
is
jointly
regulated
under
both
RCRA
and
the
AEA.
RCRA
regulates
the
hazardous
waste
portion
of
the
waste
as
any
other
hazardous
waste,
while
the
AEA
regulates
the
RCRA­
exempt
radioactive
portion
(
52
FR
15939;
May
1,
1987).
The
regulations
implementing
these
Acts
are
developed
by
EPA,
the
Nuclear
Regulatory
Commission
(
NRC),
and
the
Department
of
Energy
(
DOE).
EPA
regulates
the
hazardous
waste
portion,
while
the
NRC
or
DOE
regulate
the
radioactive
portion.
The
NRC
typically
regulates
mixed
wastes
from
commercial
and
non­
DOE
federal
facilities,
while
DOE
regulates
materials
from
DOE
facilities.
Once
the
RCRA
requirements
have
been
met,
the
wastes
remain
subject
to
NRC
and
DOE
radioactive
material
management
standards.
This
rule
in
no
way
alters
the
radioactive
material
standards
applicable
to
the
subject
radioactively
contaminated
batteries.

Document
Id:
RCRA­
2002­
0027­
0005
Title:
Response
to
67
FR
62618,
October
7,
2002:
Land
Disposal
Restrictions:
National
Treatment
Variance
to
Designate
New
Treatment
Subcategories
for
Radioactively
Contaminated
Cadmium­,
Mercury­,
and
Silver
Containing
Batteries;
Direct
Final
Rule
Type:
Public
Comment
Company/
Group/
Association
Name:
Utility
Solid
Waste
Activities
Group
Author
Date:
11­
06­
2002
Restricted
Viewing:
Full
text
available
in
Paper
Only
Comment:
USWAG
believes
macroencapsulation
provides
an
environmentally
sound
and
practical
LDR
treatment
for
mixed
waste
batteries.
As
EPA
explains,
This
standard
ensures
that
the
encapsulation
material
will
completely
encapsulate
the
waste
and
be
resistant
to
degradation
from
materials
into
which
the
batteries
may
come
into
contact
after
land
disposal
(
e.
g.,
leachate,
other
wastes,
etc.).
Id.
at
62621.
The
Agency
correctly
points
out
that
macroencapsulation
also
is
the
LDR
treatment
standard
for
D008(
lead)
radioactive
lead
solids
subcategory
wastes
and
K175
mercury­
bearing
wastes.
Thus,
there
is
a
proven
track
record
for
this
treatment
technology.
This
approach
also
will
ensure
minimal
worker
handling
and
reduce
the
potential
for
leaching
media
to
contact
the
batteries
following
disposal.
Id.
at
62621.
For
all
these
reasons,
USWAG
strongly
supports
the
alternative
LDR
treatment
standards
for
mixed
waste
batteries
established
in
the
direct
final
rule.

Response:
We
acknowledge
the
commenter's
strong
support
of
the
rule.
Document
Id:
RCRA­
2002­
0027­
0006
Title:
Response
to
67
FR
62618,
October
7,
2002:
Land
Disposal
Restrictions:
National
Treatment
Variance
to
Designate
New
Treatment
Subcategories
Radioactively
Contaminated
Cadmium­,
Mercury­,
and
Silver
Containing
Batteries;
Direct
Final
Rule
Type:
Public
Comment
Group/
Association
Name:
Arizona
Public
Service
Company
(
APS)
Author
Date:
11­
07­
2002
Restricted
Viewing:
Full
text
available
in
Paper
Only
Comment:
The
Arizona
Public
Service
Company
(
APS)
submits
this
letter
in
support
of
the
Land
Disposal
Restrictions:
National
Treatment
Variance
to
Designate
New
Treatment
Subcategories
Radioactively
Contaminated
Cadmium­,
Mercury­,
and
Silver
Containing
Batteries;
Direct
Final
Rule
­
67
Fed.
Reg.
62618
(
October
7,
2002)
(
hereafter
the
"
direct
Final
Rule").

APS
is
a
part
­
owner
and
the
operator
of
the
Palo
Verde
Nuclear
Generating
Station
("
PVNGS").
As
a
result,
we
have
direct
experience
with
generation
and
management
of
mixed
waste,
and
intimate
familiarity
with
the
substantial
burdens
resulting
from
dual
regulation
of
mixed
wastes
by
both
EPA
and
the
Nuclear
Regulatory
commission
(
NRC).

Through
an
aggressive
program
PVNGS
has
been
able
to
eliminate
the
generation
of
mixed
waste
from
all
sources,
When
EPA
finalized
the
mixed
waste
conditional
exemption
last
year,
it
provided
PVNGS
with
an
effective
means
to
deal
with
and
dispose
of
most
of
its
mixed
wastes.
However,
the
conditional
exemption
failed
to
address
one
issue;
how
to
dispose
of
batteries
that
have
become
activated
during
their
use.
The
promulgation
of
the
Direct
Final
Rule,
allowing
for
the
new
treatment
standard
of
microencapsulation,
will
now
allow
PVNGS
with
a
method
to
deal
with
and
dispose
of
mixed
waste
batteries.

Finally,
we
hope,
as
encouraged
by
EPA,
that
authorized
states
such
as
Arizona
will
adopt
the
alternative
treatment
standard
for
mixed
waste
batteries
provided
for
in
the
Direct
Final
Rule.

If
you
have
any
questions
about
APS'
comments,
please
call
Tom
Hillmer
(
PVNGS
Environmental)
at
(
623)
393­
5606.
Restricted
Viewing:
Available
in
Paper
Only
Response:
We
acknowledge
the
commenter's
support
of
the
rule,
and
also
encourage
all
authorized
states
to
adopt
the
alternative
treatment
standard
for
mixed
waste
batteries
provided
for
in
the
Direct
Final
Rule.
