ML052870304

Texas Commission on Environmental Quality Draft EA Comments on Cy 20-2002 Request

ML052870304
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	09/30/2005
From:	Jablonski S State of TX, Commission on Environmental Quality
To:	Tanya Smith NRC/NMSS/DWMEP
References
Download: ML052870304 (2)

Text

Kathleen Hartnett White, Chairman R. B. "Ralph" Marquez, Commissioner Larry R. Soward, Commissioner Glenn Shankle, Executive Director X TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ProtectingTexas by Reducing and PreventingPollution SENT ELECTRONIC MAIL September 30, 2005 Theodore B. Smith Project Manager U.S. Nuclear Regulatory Commission Mail Stop T7E18 Waste Management and Environmental Protection Washington, DC 20555-0001

Dear Mr. Smith:

The Texas Commission on Environmental Quality (TCEQ) received your request on September 7,2005 via electronic mail for review and comment on the draft Environmental Assessment and Finding of No Significant Impact, Docket No. 50-213. Thank you for the opportunity to provide comments on the draft.

Due to the potential majorregulatoryandpolicyimplications related to the disposal ofradioactive substances within Texas borders, it is important for the TCEQ to fully understand the impact of designating a TCEQ-permitted facility for new waste streams.

The radioactive waste originating from the decommissioning of the Haddam Neck Plant in East Hampton, Connecticut are not exempt from Texas regulations. Texas regulations, in Title 30 Texas Administrative Code Section 336.203, provide that no person shall dispose of radioactive material unless that person has a license from the TCEQ, or an exemption from the Texas Department of State Health Services under Texas Health and Safety Code Section 401.106(a). Waste Control Specialists LLC is not currently licensed for the disposal of radioactive material, and there is no Texas Department of State Health Services exemption that applies to the Yankee Atomic decommissioning waste.

To comply with Texas statute and state requirements, an exemption from the Texas Department of State Health Services under Texas Health and Safety Code Section 401.106(a) would be necessary for waste containing radioactive material to be acceptable for disposal in a TCEQ-permitted RCRA facility. As a result of state requirements, it appears that there are significant impediments to the disposal of nuclear utility decommissioning waste in Texas. Moving forward without necessaiy exemptionishmay put the generator and receiving facility at risk of being in violation of state statute and rules.

Commercial low-level radioactive waste generated outside of Texas are subject to the terms of the Texas Low-Level Radioactive Waste Disposal Compact and would require Texas Compact Commission approval for importation to a Texas disposal site. The Texas Compact Section 6.02 provides that no person shall manage or dispose of any low-level radioactive waste within the party states unless the low-level radioactive waste was generated in the party states, except as approved in an agreement of the Texas Compact Commission for the importation of low-level radioactive waste into the compact for management or disposal.

The TCEQ is currently engaged in the low-level radioactive waste disposal licensing process according to P.O. Box 13087

• Austin, Texas 78711-3087

• 512/239-1000

• Internet address: wwvw.tceq state.tx.us printed on recycled paper using soy-based ink

Mr. Theodore B. Smith Page 2 September 30, 2005 the ceded regulatory authority under Articles ofAgreement Betneen the UnitedStates NuclearRegulatory Comntissionand theState of TexasforDiscontinuanceofCertain CoinmissionandRegulatoryAuthorityand Responsibility withtin tihe State Pursuantto Section 274 ofthe Atomic Energy Act of 1954, as Amnended.

Based on the review of the draft, it is unclear why a specific site in Texas, 2,100 miles from the point of generation, is named for the proposed disposal of this material. It should be noted that there are numerous operational, permitted disposal facilities closerthan any facility inTexas that could receive the planned 1,250 truck shipments of waste. Moreover, it could be assumed that an NRC decision of exemption from future treatment as low-level radioactive waste would not be conditionally based on a specific site named for ultimate disposition. If an exemption based on radiological characteristics is appropriate for a given waste stream, it would seem logical that any disposal facility that could accommodate the non-radiological characteristics of that waste stream would also be appropriate.

It appears from a review of the draft Environmental Assessment that no consideration was given to the existing radioactivity already buried at the Waste Control Specialist RCRA facility nor future total radioactivity that may be buried at this site. In fact, total radioactivity from other NRC-granted exemptions in accordance with 10 CFR 20.2002 for this Texas site are not included as part of baseline radioactivity. The baseline radioactivity and future additional anticipated radioactivity seems to be a critical element missing in the draft environmental assessment in order to determine that there is no significant radiological impact for this specific site.

In order to carry out state policy, the TCEQ has exclusively recognized exemptions from disposal requirements granted by the Texas Department of State Health Services, either by rule or license condition, to licensees under theirjurisdiction that generate waste containing radioactive material. Texas has taken care to work together, amongst its state agencies with regulatory authority over radioactive material, to provide for the protection of public health and safety and the environment, while allowing for viable disposal options for waste generators. In order for regulatory agencies in Texas to implement state policies on radioactive substance disposal, it is imperative that waste streams generated in, and potentially entering our state, are understood and evaluated under those policies.

Thank you for consideration of TCEQ comments. If you would like to discuss this matter in more detail or need clarification regarding comments, please contact-me Lit (512) 239-6731.

Sincerely, Susan Jablonski Technical Advisor Agreement State Director Texas Commission on Environmental Quality CC Paul Lohaus, U.S. Nuclear Regulatory Commission Bill Domsife, Waste Control Specialists LLC Ruth E. McBurney, Texas Department of State Health Services