ML19344A361
| ML19344A361 | |
| Person / Time | |
|---|---|
| Issue date: | 04/04/1980 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | |
| References | |
| NUDOCS 8008200005 | |
| Download: ML19344A361 (9) | |
Text
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INFORMATION REPORT ON f
m,.R G}g) State Legislation OFFICE OF STATE PROGRAMS U.S. NUCLEAR REGULATORY COMMisslON (30H 492 7794 Volume 6, No. 4 April 4, 1980 t
I.
BILLS ENACTED INTO LAW INDIANA Waste Disposal Restriction S-22.
Forbids the use of any land within a national forest "for the disposition, storage, or handling of nuclear or hazardous waste, including but not limited to nuclear material, radioactive material, and the radioactive remains of a nuclear facility."
(Approved 2/22/80.)
Radiation Control Amendment S-191.
Directs the State Board of Health to i
regulate "who may operate a radiation machine and what level of training and experience an individual must have to operate such a machine." Also appropriates $56,000 for the year 7/1/80-6/30/81 to hire a radiochemist and health physicist to conduct a background radiation study for the Marble Hill area and other duties associated with off site monitoring.
(Approved 3/3/80.)
SOUTH DAK0TA Resolution on Nuclear Facilities HJR-1008.
Directs that "an act to regulate the mining of uranium, the construction of nuclear power plants, and the generation of nuclear waste" be placed on the November 1980 ballot.
If enacted this bill would require a certificate of environmental compatibility and public need to construct a nuclear power plant, provide for nuclear a
waste or begin uranium mining or milling.
If the Department of Water and Na. cal Resources decides to issue the certificate, the voters in a statewide election must approve it.
(Adopted 2/15/80.)
Waste Transportation S-65.
Requires that the Federal Gov notify the Governor 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> in advance before transporting an, ctive waste through the State.
(Approved 2/27/80.)
Radiation Amendments S-22.
Revises the radiation exposure control law to include the monitoring of uranium mining and milling and provides that before activities of uranium mining, milling, or exploration commence in the State, the NRC be requested to submit information pertinent to such activities for the purpose of evaluating the potential for release of radiation to the environment. Amendments also provide that the disposal n ne 2 nn
e of high-level and nuclear fuel cycle wastes, nuclear wastes, radioactive substances or radioactively contaminated materials or the processing of high-level nuclear wastes may not be established or permitted within the State unless approved by the Governor or on his request, the Legislature.
Additionally, low-level nuclear wastes may not be disposed of without approval from the Department of Health and in accordance with promulgated regulations.
Finally, persons responsible for facilities which may release radiativn to the environment may be required to monitor those facilities for radiation releases.
(Approved 2/8/80.)
WASHINGTON Transpartation Amendments H-1807. Adopts D0T regulations 49 CFR 100-199 on the transportation of hazardous materials. Also authorizes the State patrol to inspect cargoes (Approved 2/22/80.)
II.
INTRODUCTION OF NEW LEGISLATION MASSACHUSETTS Emergency Plans H-2012. Would levy charges against operations of nuclear f
reactors for the purpose of developing and operating emergency response plans within " nuclear power plcnt areas."
(Introduced 1/2/80.)
Construction Work in Progress H-2198, H-3568 and S-461. Direct the Department of Public Utilities, for a period of 2 years from the effective date of the act, to disapprove any CWIP or costs of owning, maintaining, operating or financing any property which has never been fully operational and used for service.
(Introduced 1/8/80.)
Low-Level Waste Disposal 8an H-2985_.
Would ban the exploration, testing, drilling or investigation related to the siting of a low-level waste " repository" in the State. No person would be allowed to construct sucn a repository, except hospitals or other medical facilities after certification by the Department of Public Health and Environmental Quality Engineering.
(Introduced 1/10/80.)
Iransportation of Nuclear Materials H-3900. Would prohibit the transportation of any radioacB've material through any city or town until 1) the legislative body of the municipality has approved; 2) the Department of Public Health certifies that safety standards and procedures relating to the transportation
'4 of such materials have been met; and 3) the Department has been notified of such shipments and has the option to order changes in routes, times, or dates.
Operators of nuclear power installations and radioactive material processing facilities would have reasonable taxes or user charges levied against them, but would be prohibited from including them in the cost of service, operating expenses, or any consumer-sponsored charges whatsoever.
(Introduced 1/18/80.)
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. Development Restriction H-3912.
Would prohibit the Massachusetts Municipal Wholesale Electric Company from financing the initial development costs of any nuclear power plant.
(Introduced 1/18/80.)
Waste Disposal H-3915. Would prohibit the establishment or construction of a facility for the storage, deposit, reprocessing or disposal of spent fuel unless the legislature approves it.
(Introduced 1/18/80.)
Siting Restrictions S-374_.
Would prohibit the granting of land use for nuclear fission power plants and related facilities until the Commissioner of Public Health certifies that the radioactive wastes from the plants can be stored or disposed of during the period in which the waste material remains. harmfully radioactive with no reasonable chance of intentional or unintentional escape into the environment.
Public hearings would be required.
(Introduced I/2/80.)
Spent Fuel Restriction H-2984 and H-3913. Would provide that the total amount of spent fuel in storage on any individual commercial nuclear generating plant site could be no more than two complete fuel core inventories as required for the operation of the plant (does not apply to small-scale nuclear fission reactors used exclusively for medical or experimental purposes).
In addition, would create a Nuclear Advisory Commission to study 1) State and local agencies and governmental bodies which have decisionmaking power affecting nuclear power and how that power has been exercised in regard to all present and proposed nuclear power plants in the Commonwealth; 2) transportation of nuclear waste in and through the Commonwealth; 3) safety precautions taken for the operation of nuclear power plants within the Commonwealth; and 5) any additional matters deemed relevant to concerns of the General Court.
The Governor would annually publish, publicize and release evacuation plans specified in the licensing of each nuclear power plant and propose procedures for annual review of the plans.
(Introduced 1/10/80.)
Nuclear Power Plant Ban H-2986, H-2987 and H-3172.
No nuclear power plant could be planned or constructed until a federally approved site for the permanent disposal of nuclear waste is fully operational.
(Introduced 1/10/80.)
Monitoring Nuclear Activities H-3170. Would require the Department of Public Health to adopt rules and regulations to 1) govern and monitor the transportation, storage, use, and release of nuclear materials, source materials, or radioactive materials, as they pertain to the operations of nuclear reactors and nuclear material processing facilities within the Commonwealth, and 2) ensure that the design, construction, and operating procedures of nuclear reactors and nuclear material processing facilities are ddequate to protect the health and safety of the public from all significant i
adverse effects which might arise from the operation of such facilities.
This bill also would require that a monitoring and surveillance program be established for all nuclear reactors and processing facilities and sets forth certain provisions to be included in the program.
In order to finance such a program, the operators of such facilities would have reasonable taxes or user charges
. levied against them and would be prohibited from including these costs in any consumer charges.
Results of the radiation monitoring and surveillance program would be published and made available to the public on an annual basis. A nuclear pennit to be issued by the State Department of Public Health would be required for the construction of a nuclear reactor or processing facility within the State.
(Introduced I/10/80.)
Disposal Site Notification H-3171 and H-3916. Would require 30 day advance notification to the Legislature before any exploration, testing, drilling or investigation related to the siting of radioactive waste storage facilities is conducted.
Failure to comply would result in a $10,000 fine.
(Introduced 1/10/80.)
Liability Limits H-3758.
Would prohibit the licensing or construction of nuclear plants or related facilities in the State until the Federal government removes all liability limits.
(Introduced 1/11/80.)
MICHIGAN Atomic Weapons H-5296. Would make it a felony to possess uranium, plutonium or other radioactive materials for the purpose of constructing a weapon.
Schools or colleges could not offer instruction in the design, construction of a weapon or weapons test device.
(Introduced 12/13/79.)
Urban Transportation S-924. Would ban the transport of radioactive materials in urban areas of the State. Would define urban area as a city having a population of 100,000 or more.
Would direct the State fire marshall to promulgate rules for the transport of radioactive materials in areas other than urban.
(Introduced 1/24/80.)
MINNESOTA Minnesota Nuclear Safety Preparedness Act H-1842.
Any person producing electricity via nuclear energy or operating a facility for spent fuel storage (AFR) would have to pay fees to cover the cost of establishing emergency response plans.
Fees would be a one time charge of $350,000 per nuclear plant l
and $75,000 annually for all plants which have an OL, and $25,000 annually for l
l AFR's and $1,000 per shipment of spent fuel.
(Introduced 2/4/80.)
l MISSISSIPPI l
Radioactive Waste Ban S-2032.
Would ban the storage, deposit or dumping of high-level radioactive material or waste.
(Introduced 1/8/80.)
Waste Transportation S-2249. Would ban the transport of high-level radioactive waste, including spent fuel, into the State for disposal or storage.
(Introduced 1/24/80.)
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. MISSOURI
~ Nuclear Facility Siting H-1167.
Would prohibit the construction of a nuclear facility in the State until the State Department of Natural Resources finds that 1) no legal limits exist on the right to bring suit and collect for damages resulting from the operation or existence of a facility; 2) the effectiveness of all safety systems has been demonstrated; 3) the radioactive materials from the facility can be contained with no reasonable chance (as determined by the Department) of intentional or unintentional escape or diversion into the environment so as to cause substantial or long-term harm or hazard; and 4) the owner of a nuclear facility has posted a bond with the Department of not less than 30% of the total capital cost of the facility to pay for the decommissioning of the facility and decontamination of any area contaminated with radi~ation as a result of the operation or existence of the facility.
If the Department decides to issue a certificate for the construction of a nuclear facility, its recommendation must be approved by a majority of the voters of the State in a State-wide election.
These provisions would not apply to any aspect of a nuclear facility over which the Federal government has exclusive jurisdiction or for a nuclear facility already under construction or in operation on the effective date of this act.
Finally, the Governor would be required to annually publish and review emergency evacuation plans in conjunction with certain State agencies.
(Introduced 1/9/80.)
Missouri Radiation Protection Act H-1256. Would require the Division of Health to administer a State-wide radiation protection program.
Powers authorized to the Division would include, but are not limited to,1) the adoption of rules and regulations for the purpose of carrying out the radiation protection program; 2) the establishment of rules and regulations for the decontamination and perpetual care and custody of radioactisa materials; 3) the governing of the transportation of radioactive materials within the State as it pertains to the methods of packaging, labeling, loading, handling, shipping, disposal, or storage of radioactive materials; 4) the development and maintenance of an environmental monitoring program; and 5) the assessment of fees to defray the costs of carrying out the program.
The powers granted to the Division are not to be construed so as to cr*'lict with the powers expressly delegated to the Federal government.
In adw...on, this bill also would authorize the Governor, after the adoption of a concurrent resolution by the General Assembly, to enter into agreements with the Federal government providing for discontinuance of certain of the Federal government's responsibilities with respect to sources of ionizing radiation.
The Governor may also enter into agreements with the Federal government, other States, and interstate agencies to perform inspections, emergency response to radiation accidents, and other functions relating to the control of sources of radiation on a conperative basis.
All costs incurred as a result of emergency response procedures would be recoverable from the person (s) responsible for the emergency.
(Introdcced 1/9/80.)
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. Interagency Council on Hazardous Substances H-1262.
Would establish a procedure and process for the regulation and control of the transportation s
of hazardous substances.
In doing so, would prohibit 1) the transportation of radioactive wastes into the State for the purpose of disposal by burial in soil or permanent storage within the State, and 2) the temporary storage, in any manner, of any radioactive waste transported into the State for a period longer than 10 days without a permit from the Public Service Commission.
The Comission could issue a permit authorizing additional in-transit storage for a period of not more than 180 days if it determines that the storage would not cause a serious risk to the public health and safety.
However, one additional storage period of 30 days could be granted upon the expiration of the original 180 day period. Additional provisions of the bill would establish a procedure and process for hazardous substance emergencies. The Missouri Interagency Council on Hazardous Substances would be created to serve as the State coordinator for hazardous substances regulation among the various State agencies.
(Introduced 1/9/80.)
Nuclear Siting Restriction H-1426. Would prohibit the construction of nuclear power facilities until a method foi permanently storing radicactive waste is developed, te:,ted, proven safe, and is capable of receiving waste from nuclear generating power facilities. A storage method may be considered adequate only if 1) there is a favorable consensus of scientific opinion that the method is adequate to protect the health and safety of present and future generations for the lifetime of the radioactive hazard; 2) the site has been thoroughly studied and meets approval through scientific consensus; 3) adequate measures of security against inadvertent or malevolent human intervention have been ensured; 4) public hearings on the storage method have been held in every region of the country; 5) public funding has been made available to intervenor groups to commission independent scientific reviews of the storage method and site;
- 6) the site is fully licensed by the Federal government through a process allowing public intervention in the licensing process; and 7) the Legislature approves by a majority vote that all conditions have been met.
(Introduced 1/9/80.)
Radiation Monitoring H-1543. Would authorize the Department of Natural Resources to establish a State-wide program for the routine monitoring of the air and environment for radiation.
Areas to be monitored would include 1) the vicinity of any nuclear reactors or nuclear power plants located in the State, and 2) areas of the State located in the vicinity of nuclear reactors or nuclear power plants located in adjacent States. Special attention would be given to ambient gamma radiation, and reports shall be made annually to the Governor with recomendations for necessary governmental or legislative action.
(Introduced 1/9/80.)
PENNSYLVANIA Uranium Tailings H-2163. Would authorize the Department of Environmental Resources to participate in the Federal Uranium Mill Tailings Radiation Control Act of 1978.
(Introduced 1/23/80.)
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- SOUTH DAK0TA Radioactive Materials Transport 5-65.
Would require any person or agency of the U.S. Government to notify the Governor in writing 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> before transporting any radioactive materials within or through the State.
(Introduced 1/14/80.)
Transportation of Hazardous Materials S-56.
Would amend a section of existing law to prrvide that the Department of Public Safety promulgate rules for the safe tran.
etation of hazardous materials by motor vehicle in the State using the U.S. Department of Transportation's standards as a guideline. No municipality could publishordinances more stringent than or in conflict with the Department's standards with respect to 1) the transportation of hazardous materials between two points within the municipality, and 2) the transportation of hazardous materials from a point outside the municipality to a point terminating within the municipality.
The bill would also eliminate the requirement that the State Department of Transportation 1) review State and A
Federal rules and regulations concerning the transportation of, and emergency response procedures, involving radioactive materials, and 2) adopt rules and regulations for the same. Would require that the Department of Public Safety provide for emergency response procedures for accidents involving hazardous materials.
(Introduced 1/14/80.)
Requirement for Radon H-1309. Would state that SD does not recognize any exemption granted by the U.S. EPA under 40 CFR 190 for radon and its daughters.
Also would state the SD health regulation provide the radon and its daughters meet a stane rd of 25MR per year to the whole body or any individual organ.
(Introduced 1/17/80.)
Uranium Mining H-1289. Would direct the St.te agencies not to issue mining or water permits for uranium mining until the 5 tate Department of Health has determined that uranium mills and uranium tailings piles can be decommissioned and stabilized.
(Introduced 1/17/80.)
i TENNESSEE Nuclear Sabotace H-1552 and S-1796. Would make it a felony for two or core persons to conspire to connit an act of sabotage upon any nuclear production facility. A nuclear production facility would be defined as 1) any facility, plant, or site engaged in the use of any material essential to the production of atomic energy or engaged in the production of any nuclear material, or
- 2) any equipment, device or component part necessary to the operation of a nuclear production facility or necessary to the production of any nuclear material.
Proof'of existence of an agreement to conspire would be sufficient grounds for conviction.
(Introduced 1/10/80.)
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-3 VERMONT Ban on Uranium Mining H-597.
No person could process uranium or thorium or mine any ores containing those elements _ in commercially useful concentrations.
(Introduced 1/8/80.)
i Rate Changes _ H-694. Would prohibit changes in electricity rates if they are due to shutdowns of nuclear plants caused by errors in the plant design, managerent, or operation.
(Introduced 1/8/80.)
Nuclear Advisory Panel S-197. Would require the Nuclear Advisory Panel to review rules related to nuclear materials and to be made aware of apparent violations of those rules.
(Introduced 1/8/80.)
Radioactive Waste Ban 5-199. Would prohibit any facility for the deposit, i
storage, reprocessing or disposal of spent fuel or radioactive waste material unless the General Assembly approves through a bill or joint resolution.
(Introduced 1/8/80.)
VIRGINIA Resolution on Low-level Waste HJR-44 Would express the support of General Assembly for the efforts of the State Board of Health and Solid Waste Commission to plan for and establish a LLW disposal facility in Virginia.
(Introduced 1/22/80.)
WEST VIRGINIA Hazardous Materials Transport H-867 and S-151.
Would require the Public Service Commission to promulgate regulations governing the transportation of hazardous materials by railroad in the State.
The Commissioner of Highways shall promulgate regulations governing the transportation of hazardous materials by vehicle on the roads and highways of the State.
(Introduced 1/14/80.)
Waste Disposal Ban H-936 and 5-147. Would prohibit the storage and disposal of radioactive waste material within the State with the exception of such material produced within the State as a result of medical, educational, research, or industrial activities done in compliance with State and Federal laws. The prohibition would not apply to the transportation of radioactive waste material out of or through the State provided that the waste would not include material produced from the operation of any nuclear power generation facility, nuclear processing facility, or nuclear reprocessing facility.
(Introduced 1/11/80.)
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Waste Transportation Ban H-1051. Would prohibit the transportation, storage l
or disposal of nuclear waste materials within or through the State.
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(Introduced 1/16/80.)
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. Reactor Construction Ban H-1053.
Would prohibit the processing of nuclear fuels and the construction or operation of nuclear power plants within the State.
(Introduced 1/16/80.)
Nuclear Liability S-25.
Would prohibit the costs of indemnifying the nuclear industry from liability resulting from a nuclear incident from being charged to State customers through the utilities' rate base.
In addition, utilities serving State customers and operating nuclear facilities in other States would be prohibited from charging State customers the expenses it could incur as a result of a nuclear incident.
(Introduced 1/9/80.)
State Power Authority S-64.
Would establish & State Power Authority and prohibit that Authority from building or causing to be built any nuclear power plant within the State until the Legislature grants specific approval.
Appropriate investigation into the safety of nuclear power plants would be required first.
(Introduced 1/9/80.)
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G. Wayne err, Acting Director Office of State Programs 1
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For Further Information Contact Elizabeth McCarthy.
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