ML19325D746

Concurs in Proposal to Publish Fr Notice Soliciting Comments on Proposed Amended Agreement W/State of Ut.Agreement Explicitly Excludes Regulation of Byproduct Matl Resulting from Extraction or Concentration of Source Matl

ML19325D746
Person / Time
Issue date:	10/22/1989
From:	Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Kammerer C NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
References
REF-WM-3 NUDOCS 8910260056
Download: ML19325D746 (1)

Text

_

(

1 001 11 1989 l

'MENORANDUM FOR: ' Carlton Kammerer Director i

State, Local, and Indian Tribe Programs a

i

?

/ FROM::

. Robert M. Bernero, Director o

i Office of Nuclear Material Safety l

s,<

'and Safeguards

~

SUBJECT:

~ PROPOSED AMENDED AGREEMENT WITH THE STATE OF UTAH g

The Office of Nuclear Material Safety and Safeguards staff has reviewed

-the prepublication Federal Register notice and Utah submittal and addendum l,*

describing Utah's proposed program for the assumption of regulatory authority for land disposal of source, byproduct, and special nuclear material received t

from other' persons.

It is noted that the proposed agreement explicitly excludes the regulation of byproduct material resulting from the extraction or

' concentration ~of source material (i.e., byproduct material defined by Section 11(9)(2) of the Atomic Energy Act).

We concur in the proposal to publish the Federal Register notice soliciting comments on the. proposed agreement.

We would like to point out, however, our continuing concern that the State of Utah has no provision in State law for State ownership of land on which a low-level waste disposal f acility occurs. Although Utah's regulations require State or Federal land ownership, staff is concerned that elimination of one of these ownership categories limits regulatory flexibility. The lack of such authority may place the State in the position of having to grant an exemption for the Clive site from the land ownership requirement, if the license for that -

site is amended at a future time to include broader disposal authority for byproduct, source or special nuclear material. We again would urge the State of Utah to amend its statutes to include provision for State ownership of any land on which a low-level waste facility, regulated pursuant to the tenns of this proposed agreement, occurs, l

If you have any questions about the contents of this memorandum, please contact Paul Lohaus, Chief, Operations Branch, LLWM.(Spdj Rubut M. Bernero l

Robert M. Bernero, Director l

Office of Nuclear Material Safety and Safeguards Distribution:

(TICKET #89-005Y2) iCentral: File 1 409.46' NMSS r/f RBernero, HMSS GArlotto, HMSS CJenkins, PMPI JLepre LLWM l

RBangart, LLWM JGreeves, LLWM MBell, LLRB JSurmeier, LLTB l

PLohaus, LLOB RMacDougall, LLOB JShaffner, LLOB JJones, LLOB t/f JJones, LLOB r/f 8

PDR YES /T7

,nm a.

i 3 PDR N0' O Category: Proprietary / /

or CF Only C

%mW L$

TEditof 1

ACNW YES T7 NO /_/

gE us 1 0

l. M SUBJECT AB CT:

PROPDilD,UTAHAGElfdNT te

..../3.....:

NM5f, p :NM55 l: j$

OFC :LLOB

LgM LL q

LLOB g p :LLDE Q

.....r.7,,.......

42 3m NAME:JShaffner/jj :RMacDougall :PLohaus :grEves :RB t :GMlotto :RBernero NM-3

-< t

...................................h89 : h /l6 /89 : /0//[/89 :p /[ j/89 :in /F/89 QCg

$N DATEVJ //f/89

/P/V$/89

lD/

0FFICIAL RECORD COPY L

_