ML19325D763

Discusses Review of MOU Between Nebraska Dept of Environ Conservation & Dept of Health Re Mutual Responsibilities for Licensing & Regulating Low Level Radwaste Disposal Facility in State of Ne

ML19325D763
Person / Time
Issue date:	10/23/1989
From:	Bangart R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Miller V NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
References
REF-WM-3 NUDOCS 8910260106
Download: ML19325D763 (3)

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MEMORANDUM FOR:f Vandy L. Miller, Assistant Director

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for State Agreements Program

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Richard L. Bangart, Director f '

Division of Low-level Waste Management t

and Decomissioning xLLWM STAFF REVIEW OF THE NEBRASKA MOV

SUBJECT:

AND LOW-LEVEL WASTE LICENSE APPLICATION s

REVIEW PLAN I

Per your request to me dated Se stember 29, 1989, iny staff has reviewed the l

(M0J)' between the Nebraska Department of

' Memorandum of Understanding (NDEC) and the Nebraska Department of Health (NDOH)

Environmental Conservation related to their mutual responsibilities for licensing and regulating a low-level radioactive waste (LLW) disposal facility in Nebraska. As part of our review we have also evaluated the proposed low-level waste application review plan and enabling legislation.

Based on our review, we have serious concerns about the ability of the two agencies to co-regulate a low-level waste disposal facility using the MOU as a i

basis and the low-level waste application review plan as an implementation document. The MOV expresses'and the review plan reaffirms a co-leadership in regulatory responsibility between the two agencies with no clear demarcation of each agency's respective responsibilities.

The Agreement with Nebraska is based on a State radiation control program established under the 1963 Radiation Control Act. Under that Act and this Agreement, NDOH is the agency with the authority to regulate the use of radioactive materials. implicitly including the management and disposal of LLW.

NDOH has clear statutory authority under the Nebraska Radiation Control Act to regulate the use of radioactive material and the necessary mechanisms to enforce its regulatory authority. Under the Nebraska Low-Level Radioactive Waste Disposal Act, however, NDEC is responsible for licensing and regulating a commercial low-level waste disposal facility in the State of Nebraska.

The proposed licensing review plan, which appears to be the " Regulatory Matrix" referred to in the MOU, does little to clarify the working relationship between the two ' primary regulatory agencies under their separate statutes.

In fact, the matrix presents a cumbersome array of conflicting authorities. For many tasks under the review plan, both agencies have " lead approval" authority.

In at least one case, both NDOH and NDEC share primary approval authority with yet a third state agency.

In these instances, it is unclear which State agency j g

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will-have the final approval authority. This uncertainty in turn raises questions as'to which agency will in reality have the ultimate authority to issue the license, inspect against it, or enforce it. The MOU appears to sanction this uncertainty by requiring, for example, that'both NDOH and NDEC conduct their own on-site inspections.

This complex system of intersingled authorities for approval and enforcement does not appear to lend itself to efficient low-level waste facility licensing or regulation, i

Since the comments expressed herein represent generic concerns rather.than specific comments, we will be pleased to meet with you to discuss the specific i

instances in the MOV and review plan that led to the conclusions expressed

. herein.

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- (SIGNED) RICHARD L gANGART Richard L. Bangart,' Director L

Division of Low-Level Waste Management and Decommissioning f

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SUBJECT ABSTRACT: REVIEW 0F NEBRASKA MOV AND LLW LICENSE APPLICATION REVIEW PLAN

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will have the final approval authority. This uncertainty in: turn raises

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questions as to which agency will in reality have the ultimate authority to ;

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ssue the license, inspect against it, or enforce it. The MOU appears.to

's nction this uncertainty by requiring, for example, that both NDOH and.NDEC

,I co uct their own on-site inspections.

This complex system of intermingled S

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.., auth rities for approval and enforcement does not appear to ' lend itself. to s

j u % affic nt' low-level waste facility licensing or regulation.

NRC's Ag ement with' Nebraska currently does not recognize any authorities' A

other than the 1963 Radiation Control Act.

NRC authority to provide oversight T' i and technica ssistance to the State of Nebraska currently appears to be v

limited to N by the Agreement.

In order for NRC effectively to administer its responsibi ies as they apply to. technical assistance and oversight of all LLW regulatory a ivities in Nebraska, it would seem that either the MOU would have to reflect t fact that NDOH retains overall responsibility for the State's radiation c trol program under the Agreement, or the Agreement itself.

s would have to be amen d to recognize NDEC authorities under the Disposal Act.

J Since the comments express'e herein represent generic concerns rather than

-specific comments, we will (e pleased to meet with you to discuss the specific-b s

instances in the MOU and reviews lan that led to the conclusions expressed' herein.

Richard Bangart, Director' Division (ofslow. Level Waste Management l

and Decomissioning L

DISTRIBUTION: (LLWM89102) l-Central File f$M l

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SUBJECT ABSTRACT: REVIEW OF NEBRAS OU AND LLW LICENSE APPLICATION REVIEW PLAN r4\\ lI nA1 cl-e i

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