ML19312D572

Forwards Summary of 800205 Meeting W/State of Wy.Review of Land Quality Regulations & Legal Opinion Ready for Transmittal by 800301

ML19312D572
Person / Time
Issue date:	02/22/1980
From:	Scarano R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Sundin R WYOMING, STATE OF
References
NUDOCS 8003240640
Download: ML19312D572 (1)

Text

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JJLinehan HJMiller Mr. Robert E. Sundin, Director c.-

f;n; Wyoning Departnent of Enviromental REBrowning

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Quality JBMartin c

1 State Office Building E

Cheyenne, Wyomina 82002 73

Dear Mr. Sundin:

Enclosed is a copy of the meeting sumary generated after the NRC/

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Wyoming I*ebruary 5,1980 meeting in the Wyoning Department of Enviromental Quality offices.

I hope our perception of the discussion and agrements J'

are consistent with yours.

We expect to have our review of the Land Quality regulations and the legal opinion (itens 1 and 3 of the sumary) ready for transmittal to you by March 1,1980. The draft working agreement (its 2) should

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follow about a week later.

If you have any questions regarding this matter, please feel free to call me at 301-427-4103.

Sincerely,

.9tiginal Signed by

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Ross A. Scarano, Chief Uranium Recovery Licensing Branch Division of Waste Management

Enclosure:

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, As stated cc: Walter Ackeman s

,vid.filWilliam Garland,

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g ENCLOSURE FEB 211930 IEM0?J.4DUM FOR: John B. Martin, Director Division of Uaste Managenent, IMSS Guy H. Cunnirnam, III s

Chief Regulations Counsel

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Office of the Executive Legal Director FROM:

Ross A. Scarano, Chief '

Uranium' Recovery Licensing Branch Division of Waste Management, INSS Elisa Gramer, Attorney Office of the Executive Legal Director

SUBJECT:

SU!WaY OF MEETIHG BETWEEN OFFICIALS OF THE'-

l STATE OF WYO'iING NID THE NUCLEAR REGULATORY C00filSSION Purpose The meeting was called by the Wyoming Attorney General's office to discuss the respective authorities of Wyecing's Department of Enviromiental

. Quality (DEQ) and the NRC's Uraniu= Recovery Licensing Branch (M4UR) and to explore means of improving comunication and working relationships between 'the two regulatory bodies.

Place and Date Cheyenne, Wycaing - February 5,19S0 Attendees -

!!RC - Ross A. Scarano, Chief ('4RJR)

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Elisa Granner, Attorney (ELD)

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!!yomina - Robert Sundin, Director (Uyaming DEQ)

I Walter Ackernan, Director (UY DEQ, Land Quality Division)

\\g' iiilliam Garland, Director (WY DEQ, Unter Quality Division DEQ Staff l',echers -

Ja!:e Stre' nan Cherles A. Perter nandolph Ucod Roger Petersen j)

Roger Sheffer Gcry Beach r

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.s Frederick Lewis, Assistant Attorney General Hycting -) Bernard Broderick Assistant Attorney General (cont' d.

Joe Ronan, Assistant Attorr.cy General Nancy Bedont, State Planning Coordinator's Office 5PA Region VIII - paul Osborne, Hydrologist Discussion - '

A representative of the Attorney General's office recapped his office's legal conclusions that the regulation of radiological hazards associated with uranium milling and mill tailings is within the afxclusive jurisdiction of the NRC; that the regulation ~'

of both radiological and non-radiological hazards of mill tailings will be within the exclusive jurisdiction of the NRC

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after Hovember 8,1981, but before that date, the State of Wyoming may regulate non-radiolog'ical hazards associated with milling and mill tailings, to the extent that the State regulation does not in fact constitute an indirect regulation of radiological

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hazards.

t NRC confirmed that strong legal arguments could be made to support the State's conclusions and that the law in this area l

1s not entirely clear.

HRC recounted past cooperative efforts of the NRC and Wyoming DEQ that proved quite successful, providing impetus for the rapid developnent of acceptable tailings management programs and inquired what steps could be taken to regain and maintain a mutually beneficial working relationship.

Areas of concern identified by State officials included:

--improving cotr.runication among the NRC, the State, and the applicant

--making baseline data available for State review

--keeping the State officials infomed of meetings and communications between Wyoming appitcants/ licensees i

and the NRC

--sensitivity to State environmental standards in the licensing and regulation of uranium milling and mill tailings by the NRC.

g The NRC promised to address the State's concerns in the areas montioned and suggested that the NEEA review process could provide a useful mechanism to identify and reconcile technical concerns.

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At the same time, however, i.he !!RC expressed concern that M.

DEQ's' new water 'and land r!uality regulations may provide T.-

opportunities for unnecessarily duplicative regulation of

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uranium mill tailings. As proposed, Wyoming's enviromental.. ~

i regulations provide.for pomitting authority and supporting evaluations duplicative of those already perfomed by the l'RC.

liRC indicated 'that in light of its recent experiences with

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" duplicative mill licensing in Agrement States and indust:ry's 7"

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propensity for seizing upon or encouraging disagreement between regulators, it would be preferable to avoid duplication. 4 W

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.In' order to avoid unnecessa'ry and potentially devisive duplication H

of reCulatory effort, and to address the State's concerns.

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. representatives of the State and the tiRC agreed that a procedure

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for coordinating the efforts of the State and the NRC should,

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be established.

Thus the !!RC agreed to draft a working memor'andum

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that would outline respective respon'sibilities, channels of corsunica, tion, and means of reconciling differing views.

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4-Action itms

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1, NRC will review Wycraing enviromental regulations in detail to Z'

identify areas of overlapping jurisdiction and to provide con.-

structive coments on the regulations.

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2.

HRC will prepare a draft working memorandum covering DEQ/WMUR 5

interface and responsibilities, especially in the areas of in situ Z

extraction operations, regulation of mill tailings, and non-radio.

~E logical environmental regulation (such as water quality). Wyczning EEj officials will review and revise.the draft and a mutually agreeable n

menorandum will be signed by both parties.

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URC will prepare a legal opinion regarding (1) whether I:RC can WN l enforce Hyoming.envirorcental standards if they are more stringent E.E."

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than the minimum Federal standards and (2) whether NRC may use-

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State enviromental requirements to completely satisfy its !! EPA i.

responsibilities related to in situ uranium recovery projects.

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Criginal Signed bTf

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R. A. Scarano Originalsigneab7 7

P.ess A. Scarano, Chief Elisa Gramer, Attorney Uranium Recovery Licensing Branch Office of the Executive division of 1.'aste lianagenent

, Legal Director

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