IA-89-197, Summarizes 890412-13 Quarterly Meeting of Low Level Waste Forum.Related Documentation Encl

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Summarizes 890412-13 Quarterly Meeting of Low Level Waste Forum.Related Documentation Encl
ML20247F867
Person / Time
Issue date: 05/11/1989
From: Maupin C
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To: Combs F
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
Shared Package
ML20244D801 List:
References
FOIA-89-197 NUDOCS 8905300207
Download: ML20247F867 (23)


Text

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[,j n E WASHINGTON, D. C. 20555

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          • tiay 11,1989 MEMORANDUM FOR : Frederick C. Combs, Assistant Director for State, Local and Indian Pelations State, Local and Indian.1 ribe Programs FROM : C P upi Physicist State, Local and Indian Tribe Programs

SUBJECT:

QUARTERLY MEETING OF LOW-LEVEL WASTE FORUM -- APRIL 12-13, 1989 On April 12-13, 1989 the Low-Level Waste Forum held its second quarterly meeting for the 1989 calendar year. In attendance were fif ty-five parti-cipants. The participants represented seventeen States and nine compacts.

In addition, there were representatives f rom the NRC, DOE, Af ton Associctes, and EG&G. Please see enclosed attendees list. The highlights of the two days of discussions are as follows:

APPAL /CHIAN COMPACT - DE, MD, PA, and WV 0 Pennsylvania is in the process of finalizing their LLW regulations.

They anticipate having siting regulations published in June 1989.

O The Appalachian compact is in the middle of selecting a contractor for the development of a LLW facility within the region. Proposals were submitted by Chem-Nuclear and US Ecology. The Compact is negotiating contracts with both companies and anticipates havir.g a contract in place by June 1989.

O The Appalachian Compact member States have started to select compact commissioners.

O The Compact piens to select an executive director by July 1989.

NORTHWEST COMPACT - WA, OR, ID, MT, UT, HI, and AK 0 The State of Washington has completed the site closure and perpetual care study for the Hanford LLW facility. This document received over 500 comments.

O The compact conducted a mixed waste telephone survey with generators. The survey indicated that mixed waste volumes have decreased by 85% ar.d that the number of mixed waste generation facilities have decreased by 50% in the compact.

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L J ' Frederick C. Combs DISTRICT OF COLUMBIA LThe. District of Columbia was not represented.

TEXAS 0 Texas is continuing the characterization of its proposed site in Hudspeth County. The State plans to complete characterization by June 1989 and submit an application by December 1989. . However, if an application is not submitted, the State will submit a certifica--

tion package.

0- The Texas Low-Level Radioactive Waste Disposal Authority (TLLRWDA) is encountering opposition from El Paso County about the Hudspeth

. site. Consultants to El Paso County have identified a-500 foot long fissure about a mile southwest of the proposed site. El Paso County is using this fissure as a technical basis for its opposition to the Hudspeth. site.

O The State.of Texas has applied to the EPA for authorization for the regulation of_the bazardous component of mixed waste; however, there is a State statue which prohibits- this authorization. The State of' Texas is planning to change this statute. If this change is not made by the end of December 1989,1the State will go forward with an appli-cation without mixed waste.

VERMONT 0 Vermont did not make a status report.

SOUTHEAST COMPACT - NC, AL, FL, GA, MS, SC, TN, and VA 1

0 North Carolina has released a new map on site screening for its L exclusion area. The new map narrows down the potentially suitable portion of the State for a site from 381 to 10% (approximately 5,054 squaremiles).

O The State is still negotiating with Chem-Nuciear and Westinghouse in terms of a site operator contract.

O Public participation in the siting process is beirg foetered through the State of North Carolina with community forums.

PUEPTO RICO Puerto Rico was not represented at the April Forum meeting.

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l Frederick C. Combs ,

1 NAINE O A number of Public meetings have been held by Paine's Citizens Against Nuclear Dumps (MCAND) and Maine Nuclear Referendum Committee {

l (MNRC). The Maine Low-Level Waste Authority (MLLWA) has partici- i pated in these meetings.

O Maine has submitted a proposal to contract with the Rocky Mountain -

Compact.

CENTRAL STAT C g ACT - AR, KS, LA, NB, and OK l 0 Nebraska has approved legislation which would require Governor or State Legislature approvel of any out of compact weste disposed of at the future Nebraska low-level waste facility (LLWF).

O Senator Tom Daschle (D-S.D.) has introduced legislation (S.705) giving states within 20 miles of another state's proposed nuclear waste facility the right to participate in the site selection process. This action was taken as a result of the designation of a candidate site in Boyd County which is about 5 miles from South Dakota.

O Drilling is to start scen at one of the three candidate sites --

Boyd County, Nuckolls County and Nemahe County.

O At present, it is r.ot clear whether Nebraska will submit an application addressing mixed waste.

New York 0 The State is working on a contract for a mixed waste study which would include a survey of generators.

O The New York State Legislature has passt ' a resolution which contains a provision to ask Congress to delay the January 1993 milestone.

The 1990 milestone allows the operating comercial LLWF to deny access to out of compact waste. Moreover, the resolution included a '

provision to ask Congress to redefine low-level waste to exclude anything with a hazard greater than 100 years.

O The New York Low-Level Radioactive Waste Siting Comission identified 10 candidate areas in the State with the greatest potential for being suitable for a LLW disposal facility. The Siting Commission had anticipated narrowing the number of sites down to eight (8) by June of 1989; however, this report has been delayed and the projected date is September 1989.

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, Frederick C. Combs )

ROCKY MOUNTAIN COMPACT -- CO, NV, NM, and WY 0 The Board of the Rocky Mountain Compact received an application from Colorado to designate Uravan as a disposal-site for the Denver Superfund radium waste.

O The Compact Board at its last meeting on March 16, 1989 discussed potential contract arrangements with the District of Columbia, New Hampshire, Vermont, and Maine. The Board's decision on this matter $

will take several months because of negotiations with the States.

NORTHEAST COMPACT -- NJ and CT ]

O On March 31, 1989, the Northeast Compact Comission directed its two member states to each develop full service low-level radioactive waste disposal facilities. For planning purposes, the states were instructed to develop source term estimates for conducting perfor-mance assessments using each State's individual waste stream. The Compact Commission did not direct each state to dispose of its own waste only, but opted for flexibility to allow for any contingencies which might arise that would require waste to be shipped from one state to the other. This decision reflects public input and the desire to reduce transportation of waste.

MASSACHUSETTS 0 Massachusetts issued a hiring announcement for aa executive director of their low-level waste program.

O A RFP has been issued for the development of a managerent plan for low-level waste.

SOUTHWESTERN COMPACT -- AZ, CA, ND, and SD 0 The Desert Tortoise Task Force which was appointed to investigate the potential impacts of California's low-level waste facility on the desert tortoise has made recommendations to mitigate the impacts on the tortoise. Their recommendations include the fencing of the interstate leading to the site across the entire Ward Valley area; this will prevent the tortoise from crossing the interstate.

In addition, it is recomended that the low-level waste site be fenced and any tortoises living within the site boundary be relocated.

O US Ecology is in the process of completing site characterization.

An application for a LLWF is expected by January 1,1990, without mixed waste.

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Frederict C. Combs MIDWEST - M1, IN, IOWA, MN, MO, OH, and WI O The Compact is currently draf ting an amendment to its legislat' ' to include shared liability. In addition, the Compact is looking at mechanisms of management of shared liability funds.

O The Midwest Compact is proceeding with the development of a Governor's Certification package. A survey has been sent to waste generotors in each Compact member State. These surveys are to be returned to the Compact Commission by June 30. The information gathered from the surveys will be used to develop a joint certification document which will be signed by the governors of each member state. The Compact Commission hopes to have a signed certification package by November 1989.

O The Compact is studying the cost of site closure. In addition, EG&G was contracted to look at historical data on compact waste disposed of in the compact region for the purpose of developing source term information.

CENTRAL-MIDWEST - It and KY 0 The contractor for site characterization, Battelle and Hanson, completed drilling at the Clark and Wayne County sites. The con-tractor is in the process of drafting the site characterization reports. The compact plans to select a site by September 1989.

O The corpact is negotiating land purchase in Martinsville (Clark Courty). The Wayne County site is not as f ar along because of the lack of political support for a waste disposal facility.

O The compact plans to submit an application by January 1990 and review the application in six (6) months. They anticipate beginning construction of a low-level waste facility in midsummer 1991;  ;

construction of the facility is to be completed in one year --

midsummer 1992.

O The Compact is developing an incentive package for the host municipality which would consist of one million per year from the State (from surcharges) and four million per year from the site operator.

OTHER ITEMS OF INTEREST LIABILITY UPDATE: American Nuclear Insurers ( AllI) is the insurer for the three currently operating low-level waste facilities (LLWF).

The maximum amount of coverage available for the insuring of a LLWF is $25 million. ANI insurance applies to exposures from off-site releases. At present, ANI has placed any new policy agreements for insurance of LLWF on hold.

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Frederick C. Combs 6 TECHNICAL ASSISTANCE UPDATE: The Technical Coordinating Committee TT[I) of the Low-Level Weste Forum is planning to draft a letter to the Commission in support of the development and implementation of a uniforr ranifest system for tracking waste. The Forum was informed that the NRC staff is developing a Branch Technical Position (BTP) on the uniform manifest system.

NRC AGREEMENT STATE CRITERIA FOR RADI0 ACTIVE WASTE-CONTROL PROGRAMS:

The presentation centered around the the core indicators that are used to evaluate radiation control programs and how these same indicators (i.e. regulations,legislationandstaffing)arebeing applied to low-level waste programs.

1990 MILESTONE: Concerns were raised regarding the inclusion of mixed waste as one 'of the iters to be addressed in the Governor's Certification package. Discussions were held on whether the' Low

+ Level Radioactive Waste Policy Amendment Act (LLWPAA) included mixed' waste under the provision that States cust provide for the disposal of "all radioactive meterial." Holmes Brown outlined the events in Congress dealing with mixed waste during the LLWPAA hearings and stated tFat mixed waste is a subset of low-level radioactive waste.

In addition, the forum discussed the possibility of sending a letter to the NRC regarding its Governor's Certification criteria. Some concern was expressed by Michigan ar.d Illinois for the inclusion of information in the certification on the permitting and licensing actions a State would make to be' authorized to store low level waste.

HIXED WASTE: Concern was raised over the lack of EPA representation at the Forum meeting. In eddition, the Forum members were concerned ebout the large amount of money needed to-dispose of mixed waste since it is a very small percentage of low-level waste volume.

Moreover, Forum nembers stated that to comply with both NRC and EPA provisions in the regulation of mixed waste would make nieeting the January 1993 milestone virtually impossible. It was suggested that mixed waste be designated as a class similar to Greater-than.Clas C (GTCC) and its regulation be given over to the federal government.

Distribution ~

SLITP RF LLW File RSARs(5)

RSL0s (5)

SLITP Staff

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t- PREATTENDANCE QUARTERLY MEETING LOW. LEVEL RADIOACTIVE WASTE FORUM April 1213,1989

  • LLW Forum Participant

" 11W Forum Participant Designee APPALACHIAN COMPACT Mark McCle!!an Deputy Secretary for Environmental Protection Depanment of Environmental Resoumes Commonwealth of Pennsylvania PENNSYLVANIA William Dornsife Chief, Division of Nuclear Safery, Bureau of Radiation Protection -

Department of Environmental Resounes Commonwealth of Pennsylvania NEBRASKA Norman "thorson

  • Chair, Governor's Task Force on Low-Level Radioactive Waste State of Nebraska Professor of Law, University of Netraska NEBRASKA Jay Ringenberg LLW Program Manags Department of Environmental Control State of Nebraska ILLINOIS Eric Schwing Stafr Anorney,Lesa! OfLce Department of Nuclear Safety State ofIllinois ILLINOIS Don Harmon Health Physicist Department of Nuclear Safety State of Blinois MIDWEST COMPACT Gregglarson
  • Executive Dzrector Midwest Low level Radioactive Waste Compact Commission MIDWEST COMPACT Barbara Sims i Chair, Midwest C=,m Commission Atenant Cemiedoner, Pollution Control Agency State of Minnesota 4

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! MICHIGAN - Elaine Brown

. Associate Commissioner, Low level Radioactive Waste Authorir/

Department of Management and Budget State of Michigan MICHIGAN Dasnd Mmnaar f

. Deputy Chief Division of Radiological Health Department of Public Health State of Michigan MICHIGAN Beth Rogers Acting Chief Techmcal Services '

hw-level Radioactive Waste Authority State of Michigan NORTHEAST COhPACT Denise Drace Executive Deector Northeast Interstate Radioactive Waste Compact Commission NORTHEAST COMPACT Sheila Murphy Assistant to the Director Northeast Interstate Radioact.ve Waste Compact Commission NEW JERSEY Joann Johnson Member low-Level Radioactive Waste Adytsory Comminee State of New Jersey NEW JERSEY Larry Spitznagle Chair, Low Level Radioactive Wane Disposal Facility Siting Board Head, Health Physics Department, Merck & Co.

State of New Jersey NEW JERSEY Anadru WWou Research Scientist 1, Bureau of Environmental Radiation Department of Enytrtmmental Protection State of New Jersey CONNECTICLTT Kevm McCarthy Chair, Northeast Interstate Radioactive Waste Compact Committion Director, Radiation Control Unit, Department of EnvimamentalProtection State of Connecticut NORTHWEST COMPACT mie Carhn Executive Dinctor, Northwest Compact Commission  ;

Depanment of Ecology State of Washington

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ROCKY MOUhTAIN COMPACT - Leonard Slosky

  • Executive Dinctor Rocky Mountain Compact Commission COLORADO Tun Holeman Office of Policy and Research Govemor's Office State of Colorado COLORADO KenWeaver Senior Health Physicist, Raduulon Control Division Department of Health State of Colorado COLORADO Robert M. Quillin Director, R adiannn Control Division Depanment of Health State of Colorado COLORADO Jerry God First Assistant Attorney General, Natural Resources Section Office of the AnomeyGeneral State of Colorado SOUTHEAST COMPACT . Kathy Visocki .
  • Executive Duector Southeast Compact Commission SOlTTHEAST COMPACT Willie J. Lee Policy Analyn h 'tWe Compact Commission NORTH CAROLINA Cm"=w Kalbach Walker
    • Vice Chair,14w Level Radioactive Waste Management Authority State of Nonh Carolina Semar Research Scientist, Physics Department Duke University CALIFORNIA Don Womeldorf .
  • Chief. Envuonmenta! Management Branch I Dpment of Health Services State of Califomia i MASSACHUSETTS Stephen Roop
  • Acting Chair, low level Radioactive Waste Management Bond Assistant Secretary, Executive Office of Envuonmental Affairs Cemanwealth of Massachusetts

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NEW YORK Jay Dunideberger

' Executive Director l Low level Radioactive Waste Siting Commission State of New York NEW YORK - Angelo Orano Chair Low-level Radioactive Waste Siting Commission State of New York 1

TEXAS '

Lee Mathews j

  • GeneralCounsel Low-Level Radioactive Waste Authority State of Texas MAINE - Matthew Scou Executive Director  !

Low Level Radioactive Waste Siting Authority State of Maine MAINE Robert Demkowicz Special Assistant, Advisory Commission on Radioactive Waste Environmental Specialist, Bureau of Oil and Hazardous Malenals Control State of Mame MAINE Steve Ward Public Advocate The OfBee of the Public Advocate State of Maine MAINE WaltarAnderson State Geologist Mame Geologic Survey State of Maine MAINE John Williams Hydrologist Mame Geologic Survey State of Maine MAINE Remtative James Mitchell

. Chair, Advisory Commission on Radioactive Waste

. State of Maine MAINE R,hve Wilbs Lord Mesnber Adytsory Commission cm Fnd=tive Waste State of Maine 4

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, RHODE ISLAND Bill Reventine s State of Rhode Island

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VERMONT Lany Becker

" Special Assistant, Low Level Radioactive Waste Management Agency of Natural Resources .

State of Vermont NEVADA Jerry Griepentrog Chair, Rocky Mountain Compact Commission Director Department of Human Resources State of Nevada WASHINGTON Max Power

  • Manager, Ofnce of Nuclear and hexed Waste Department of Ecology State of Washington WASHINGTON Stephanie Ko Administrative Specialist 14w LevelRadioactive Waste Pmgram Department of Ecology State of Washington -

- DOE /ID Melvin Shupe Program Manager, National Low Level Waste Programs Idaho Operations OfEce U.S. Department of Energy EGAG Cal Ozaki Manager Nuclear Energy low-level Waste Management Program EG&G Idaho,Inc.

EG&G Roger Scott Senior Program Specialist i Nuclear Energy Low level Waste Management Program j EG&G Idaho,Inc.

EG&G Julie Conner Scaior Program Specialist and Acting Unit Manager Nuclear Energy Low Level Waste Management Program EG&G Idaho,Inc.

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EG&G '- Miriam Muneta PrincipalInformation Science Specialist

- Nuclear Energy low-level Waste Managemem Program EG&G Idaho,Inc.

EPA Betry Shackleford Mixed Waste Coordmator Office of Solid Waste U.S. EPA EPA Suzanne Rudzinski Chief, State Pmgrams Branch Office of Solid Waste U,S. EPA NRC Mike Bell Regulatory Branch U.S. NRC -

NRC Paul Lohaus Branch Chief, Operations Branch Division of Low Level Waste Management and-Decommissioning U.S. NRC NRC Cardeha Maupm Health Physicist, State Agreements Program State, Local and indmn Tribe Program Ofnce Of5cc of Govemmental and Public Affaus U.S. NRC i

l COMPANY Fred Miyasaki l President i FSM AW=ta= 1

... .... 1 LLW MRUM Holmes Brown Forum Coordinator 1' Director of State and Federal Programs, Afton AWatae. Inc.

LLW PORUM Edgar Miller Forum Program Coordmator Staff AM=ta. Environmental Programs, Afton Associates,Inc.

LLW FORUM Cynthia Curtis Forum AdministrativeCocrdmator Administrative Director, Afton A_Mata,Inc.

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J NRC AGREEMENT STATE CRITERIA FOR RADIOACTIVE WASTE CONTROL PROGRAMS ,

CARDELIA H. MAUPIN STATE, LOCAL AND INDIAN TRIBE PROGRAMS NUCLEAR REGULATORY COMMISSION O

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STATUTES SUPPORT BY:

1. GOVERNOR
2. LEGISLATIVE BODY
3. MANAGERS EMERGENCY RESPONSE REGULATIONS
1. PLANS SUPPORT BY:
2. STAFF 1. LEGISLATIVE BODY
3. BUDGET 2. BOARDS
4. MANAGEMENT 3. MANAGEMENT
5. TRAINING 4. SPLIT RESPONSIBILITY
6. EQUIPMENT FOR PROGRAM CONSULTANTS BUDGET
1. BUDGET ~ 1. MANAGEMENT
2. MANAGEMENT C0RE 2. INADEQUATE PROGRAM
3. CONFLICT OF DEFINITION INTEREST 3. SUPPORT BY LEGISLATI I N D I C A.T 0 R S BODY OR GOVERNOR EQUIPMENT & LABS 4. STATE LAWS & FISCAL
1. . BUDGET RESTRAINTS-
2. LACK OF STAFF
3. STAFF EXPERIENCE MANAGEMENT 4.' TRAINING 1. OR'CXRIZATION
5. MANAGEMENT 2. QUALIFICATIONS OF MANAGERS COMPLIANCE s 3. IMPORTANCE ASSIGNED
1. STATUTES TO PROGRAM
2. REGULATIONS 4. CLERICAL AND
3. BUDGET ADMINISTRATIVE AID
4. LACK OF STAFF
5. QUALIFIED STAFF STAFF
6. TRAINING . UDGET
7. DOCUMENTATION k 2. SALARIES
8. GUIDES LICENSIN \ TRAINING 3. GEOGRAPHICAL
9. MANAGEMENT OR 1. LACK OF STAFF 1. BUDGET 4. BENEFITS SUPERVISION 2. LACK OF REGO- 2. MANAGEMENT 5. MANAGEMENT <

LATIONS 3. STATE RES- 6. PROMOTION I

3. LACK OF TRICTIONS OR ADVANCEMENT I

QUALIFIED 4. LACK OF CORE STAU COURSES OR

4. LACK OF ADVANCED {

1 TRAINING TRAINING '

5. MANAGEMENT OR SUPERVISION

_. 6. LACK OF _

DOCUMENTATION

7. LACK OF GUIDES, IN-1 HOUSE AND FOR l LICENSEE

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CONTRIBUTING FACTORS F.OR SUCCESS OR FAILURE OF CORE INDICATORS.

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. POLICY DEVELOPMENT PROCESS:

1. PRELIMINARY' DOCUMENT TO STATES FOR COMMENT
2. SUBMISSION OF DOCUMENT TO COMMISSION

. 3. PUBLICATION OF DOCUMENT IN FEDERAL REGISTER Or

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STATUS OF DOCUMENT:

1. PRELIMINARY DRAFT (STRAWMAN) SENT TO STATES
2. RECEIVED COMMENTS FROM 21 STATES ( WA, TN, NV, KS, MI ID' AZ' NE' AK, CA,'TX,.IL, NC, NY, SC, FL, UT, ND, GA, NH, AND AL)
3. COMMENTS ARE BEING INCuf ORATED esee I

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