ML19312E433
| ML19312E433 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/1980 |
| From: | Young F NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Ahearne J NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8006040400 | |
| Download: ML19312E433 (4) | |
Text
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APR 7 1980 0 t:
entral Files ED0 SP/RF EMORANDUM FOR: Chairman Aheams pd/rf
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William J. Dircks, Acting ExecutilSignedj$i;hm !. D::cks.
- Director for Operations FROM:
Frank W. Young Acting Director Office of State Programs SUBJECi:
NEW MEXICO ENVIRONMENTAL IMPRDVEMENT BOARD You at Red on Tuesday April 1 that we supply you with infomation regar,ing the New Mexico Environmental Improvement Board.
It is a five s ember body appointed by the Governor, with one current vacancy. -
The baard has regulatory authority; i.ee it pmmulgates regulations and s.ts standards in a variety of health related areas.
Its present i
members are as follows:
Chairman-Roy S. Walker, fomer State Director of 11U0 H. Meade Taylor, former State Legislator with ties to the coal mining industry Betty Hyatt, real estate' agent and rancher's wife William R. Atkins Sandia Corp. (Technical)
I am attaching information regarding the Radiation Technical Advisory Council and information regarding the importance of prompt adoption of mill regulations.
Original signed by Frank W. Young Frank W. Young Acting Director Office of State Programs
Enclosures:
As Stated cc: Cossnissioner Gilitsky Consissioner Kennedy f@g((M.
Connissioner Hendrie Commissioner Bradford
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Central Files SP/RF pd/rf pd/sf EMORANDtM FOR: Chaiman Ahearne EDO THRU:
William J. Dircks, Acting Executive Director for Operations FROM:
Frank W. Young Acting Director Office of State Programs
SUBJECT:
NEW EXICO ENVIRONENTAL IWROVEMENT BOARD l
You asked on Tuesday April 1, that we supply you with information regarding the New Mexico Environmental Improvement Board. -It is a five member body appointed by the. Governor, with one current vacancy.
The board has regulatory authority; 1.e. it promulgates regualtions and sets standards in a variety of health related areas.
Its present members are as follows:
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Chaiman-Roy S. Walke[.' fomer State Director of HUD H.MeadeTaylor,x former State Legislator with ties to the coal mining industry
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Betty Hyatt, real estate agent and rancher's wife William R. Atkins, Sandia Corp. (Technical)
I am attaching information regarding the Ra istion Technical Advisory Council and infomation regarding the importanceof prompt adoption of mill regulations.
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Frank W. Young. Acting Director Office of State Programs
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Enclosures-
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As Stated
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cc: Commissioner Gilinsky
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Connissioner Kennedy-
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t Need for Passage of Regulations Pertaining to Uranium Mill Tailings in New Mexico The New Mexico Environmental Improvement Division proposed uranium mill and mill tailings regulations to the Environmental Improvement Board in May, 1979.
NRC made the determination that the proposed regulations would meet UMTRCA requirements.
Since that time the board has reopened the proposed regulations for modification.
It is essential that New Mexico promptly promulgate adequate uranium mill regulations covering technical standards, ownership of tailings and land, environmental analyses, siting criteria, bonding, and rule making and other orocedures.
The State has taken the position, based on State legal advice, that it cannot impose tailings management requirements at existing milling oper-ations until regulations are in place.
Promulgation of these regulations will enable New Mexico to meet the requirements of the Uranium Mill Tai 'ngs Radiation Control Act of 1979 (UMTRCA), as amended.
The clarifying amendments to UMTRCA oassed by Congress on November 9, 1979 and the accompanying legislative history make it quite clear that the Agreement States shall, in the interim period ending November 8, 1981, comply to the maximum extent practicable with the requirements of UMTRCA.
New Mexico must demonstrate compliance with this requirement by aaopting and putting into effect adequate regulations and taking appropriate action on mill licensing cases.
These considerations and actions apply not only to new mill applications but also apply to renewals of licenses for active mills.
5274j of the Atomic Energy Act, as amended by UMTRCA, gives the NRC authority to terminate all or part of a State's agreement if the Commission finds that the Agreement State has not complied with one or more of the requirements of 5274 of the Atomic Energy Act.
The purpose of the amendment ::as to give NRC authority to resume Federal licensing of uranium milling if an Agreement State falls short of the UMTRCA requirements incorporated into $274.
We believe it should also be pointed out that in addition to having statutes and regulations it is also necessary that the State have adequate resources available to complete adequate technical assessments and procedures for processing license applications, i.e., personnel and equipment to meet the needs of UMTRCA.
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6 as the "Itadiasean f*enecesion A.a
- 12-9-2. RADIATION TECHNICAL ADVISORY COUNCIL - CREATION
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'AND ORGANIZATION A. T here is estahinhed a " radiation technical advisory council" consisting of seven members.1 he members shall be appointed by the governor.after consultation with the director of the agency, for five-year, staggered terms. The governor shall fill any vacancy g,
occurnns on the council.The replacement appointee shall serve the remainder of the original member's unexpired term.
B. The members of the council shall be individuals with scientific training in one or more of the following fields: diagnostic radiology, radstion therapy, nuclear medicine, radiation or health physics or related sciences with specialization in radiation.
12-9-3. COUNCIL DUTIES - PER DIEM -It is the duty of the council to advise the agency and the board on technical matters relating to radiation. Members of the council -
shall receive per diem and mileage as provided in the Per Diem and Mileage Act.and shall receive no other compensation, perquisite or allowance. Money expended for these purposes shall be paid from agency funds 12-9-5. RADIATION PROTECTION CONSULTANT - RADIATION REGULATIONS - INSPECTION A. The board snall be the radiation protection consultant for all agencies and institutions of the state and shall, with the adsice and consent of the council, have the authority, after considerin,t the facts and circumstances and following the procedures set forth in Section 12-1213 bMSA 1953 to promulgate rules and regulations:
(1) cnncerning the health and environmental aspects of radioactive material and radiation equipment; f 2) presenbing license fees. all of which shall be deposited in the general fund; (3) requiring the posting of a bond running only to the state for licensed activities, which bond shall be adequate to insure,in the event of abandonment. default or other perinrmance inabilities of the licensee, compliance with the requirements of the regulations or license conditions, including actions of the licensee required during or after the cessation of operations, which bond shall he released upon demonstration by the licensee that the conditions of the hcense have been satisfied; and RADIATION TECHNICAL ADVISORY COUNCIL
- Harold A. O'Brien, Ph.D.
I los Alamos Scientific Laboratory CWC-ll Mail Stop 514 Los Alamos, NM 87544 (505) 667-4576 Dean Dian Meyer R' nite 2, Box 314A Espanola, til1 87532 (505) 753-3493 Charles M. Thompson, M.D.
Radiologist Van Atta Laboratories
- 4 Medical Ai ts Square 801 Encino Place N.E.
s Albuquerque, Nil 87102 (505) 247-2392 W. H. Kingsley 9630 Elvin, N.E.
Albuquerque, NM 87112 (505) 264-2735 James Earl Cleveland 813 Jackson Street Grants, Nf187020 (505) 287-8851 s
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3 RADIATION TECHNICAL ADVISORY COUNCIL, Cont'd.
Marion W. Jordan, M.D.
Radiology Associates of Albuquerque Presbyterian Professional Building 201 Cedar S.E.
Albuquerque, NM 87106 (505) 843-9211 Morton M. Kligeman, M.D., Director Cancer and Research Center University of New Mexico Albuquerque, NM 87131 (505) 277-2151 e
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