Uranium & Thorium compounds -- correction

[Steve Deitch <73552.546@CompuServe.COM>]

May 29,  1996            

I have been following the ongoing communications concerning the treatment and disposal of
Uranium and thorium compounds. With only a few exceptions, all Uranium and Thorium
compounds can be disposed as radioactive waste as most of the compounds are not identified
as hazardous wastes. 

Notable exceptions are the nitrates of Thorium and Uranium. 

If you will review 49CFR 172.101, you will find that Uranium amd Thorium nitrate require
both a radioactive label and and an oxidizer label. The determination that a compound is an
oxidizer is based on the definition of oxidizer which is defined in 49CFR Part 173.127. The
basis for the determination of whether a material is to be defined as an oxidizer is a test which
is described in Appendix F of 49CFR Part 173. The test compares the burning rate of the
compound when mixed with combustible material with that of several standard oxidizer
compounds. As both Uranium and Thorium nitrate are listed as oxidizers, it is apparent that
they are oxidizers based on the tests. 

If you then refer to CFR 40 Part 261.21 (a)(4), you will note that a material which is an
oxidizer as defined in 49CFR Part 173.151,(This is an error in the regulations. The reference
should be to 49CFR Part 173.127), the material carries the D001 ignitability characteristic
code.

The next step is to determine how to eliminate the D001 code. This information is found in
40CFR Part 268.40 and 40CFR Part 268 Appendix VI. 40CFR Part 268.40 dictates "DEACT"
as the required treatment if the material is to be land disposed. DEACT is defined as "
Deactivation to remove the hazardous characteristics of a waste due to its igniteability,
corrosivity, and/or reactivity".  Appendix VI is more specific as it relates specifically to D001
Ignitable Oxidizers based on 40 CFR 261.21(a)(4). It defines "CHRED" or "INCIN"
treatment as potential options. CHRED is chemical reduction. INCIN is incineration. The
rules do not define what specific treatment(s) constitutes DEACT. DEACT must eliminate the
hazardous characteristic that caused the material to be defined as D001. For the Uranium and
Thorium Nitrate the test which defined them as oxidizers was 49CFR Part 173 Appendix F. 

The generator of the waste must therefor determine that the waste form after treatment is no
longer an oxidizer by performing the 49CFR Appendix F tests. 

NSSI has been corresponding with the EPA,  and S. Carolina and Washington regulatory
agencies to request that they redefine the treatment they accept for Uranium and Thorium
Nitrate. It appears that Washington will be requiring certification that the material has been
tested per 49CFR 173.127. They will also be defining that their published guidance concerning
on site treatment will apply only to Washington generators, and that the guidance only applies
to wastes where the Uranium and Thorium nitrate are the only hazardous constituents. EPA
agrees with the Washington approach and is encouraging S. Carolina to require similar
documentation. 

At this time I am not aware of anyone who has tested the Uranium or Thorium Nitrate and
concrete mixtures to determine that they will pass the 49CFR Appendix F oxidizer tests. Each
generator who treats or has a broker treat his materials by this methodology must certify that
the resultant waste passes the 49CFR Appendix F tests. If you utilize a broker, you should
require a certification from him to assure that the test was conducted.          




If you need additional information or clarification, please contact me.
 
Sincerely, 


Robert D. Gallagher
President