ML20003B855

Informs That Agreement States May Continue to Regulate U Mills & Mill Tailings After 811108 by Entering Into Amended Agreement W/Nrc.Target Date of 810801 Suggested for Formal Submittal of Amend Application

ML20003B855
Person / Time
Issue date:	01/29/1981
From:	Ahearne J NRC COMMISSION (OCM)
To:	Beverly King NEW MEXICO, STATE OF
References
NUDOCS 8102260005
Download: ML20003B855 (13)

Text

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[4 UNITED STATES

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j W ASHIN GTON,0.C. 20555 gvf January 29, 1981 OFFICE OF THE CHAIRMAN The Honorable Bruce King Governor of New Mexico Santa Fe, New Mexico 87503

Dear Governor King:

On May 1, 1974, New Mexico became an Agreement State under Section 274 of the Atomic Energy Act of 1954. Under the provisions of this Act, New Mexico assumed, under agreement with the AEC (now NRC), certain regulatory authority over the use of reactor-produced isotopes, the source materials uranium and thorium, and small quantities of special nuclear materials.

Under Section 274 of the Atomic Energy Act as amended by the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), Agreement States can continue to regulate uranium mills and mill tailings after November 8, 1981, by entering into an amended agreement with the NRC.

In UMTRCA, the Congress also provided for the first time, funds for grants to States to assist them in preparing their revised regulatory program.

New Mexico applied for and received a grant of $133,900 under that program, thereby indicating the State's interest in pursuing this addi-tional regulatory authority.

For some tiene, the NRC staff has been working with Mr. Thomas E. Baca, Director, Environmental Improvement Division of the Department of Health

& Environment, and his staff so that the amended agreement process may proceed smoothly. The purpose of this letter is to acknowledge the efforts of Mr. Baca and his staff and to identify remaining actions which New Mexico must accomplish for a timely amended agreement.

As a result of information exchanged between the NRC and New Mexico, in July,1980, we provided Mr. Baca with our initial assessment of the readiness of New Mexico for an amended agreement to regulate uranium 4

mills and tailings.

Criteria for this purpose have been developed with Agreement State input and State coments were factored in when consistent with NRC rules and policies (Enclosure 1). Additional information was provided by Mr. Baca which we have evaluated. The results of this evaluation are discussed in Enclosure 2 to this letter.

I would like to highlight two of the actions still needed:

1.

New Mexico has not yet promulgated complete regulations to comply with UMTRCA. This is a prime requisite for an amended agreement.

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4 The Honorable Bruce King 2.

Prompt action in advance of the amended agreement, as required by the UMTRCA and noted in previous NRC correspondence with the State, should be taken by New Mexico to develop upgraded tailings management programs that meet UMTRCA requirement.s at existing mill sites.

To execute the amendment, the Commission must find not only that the State uranium milling regulatory program provides adequate protection of the public health and safety and is generally compatible with the Commission's program of regulation, but also that the State has adopted standards for the protection of the public health, safety and the environment from radiation hazards associated with uranium mill byproduct material, which are equivalent to,.or more stringent than, those of the Commission.

It will be mutually helpful to receive a timetable as early as possible outlining New Mexico's actions to resolve all the issues discussed in. In this timetable, we suggest a target date of August 1, 1981, for formal submission by New Mexico of the application for amenument.

While, in our opinion, New Mexico has taken steps toward compliance with UMTRCA, more needs to be accomplished before an amended agreement can be reached.. We will continue to work closely with your staff towards this end.

If you have any questions, please have your staff contact Mr. G.

W. Kerr, Director of NRC's Office of State Programs.

Si terely, I

c-dJh Jchn F. A earne Chairman

Enclosures:

As stated cc:

T. Baca, New Mexico w/encls.

T. Wolff,- New Mexico w/encls.

t 7540 F:d:r:1 Register / Vol. 40. No. IS / Friday Janurry ?.3.1981/ Noticas National Advisory Committee on Signed at washington. D.C this 16th day and amended by Pub. L 9WI Oxupational Safety and Health; Full of January 1981.

appros ed November 8.1978. These Committee Meeting and Subgroup Eula Bingham, criteria are intended to indicate factors Meeting Assistant Secretary oflobot.

which the Commission intends to Natice is hereby given that the tm om si-asu ru.nset au..]

consider in approving new or amended N: tion:1 Advisory Committee on agreements. They are not intended to anmo cooc as+a =

Occupational Safety and Health hmit Commission discretion in viewing individual agreements or amendments.

[NACOSH) will meet on February 25-27 NUCLEAR REGULATORY In accordance with these statutory 1981 at the Frances perkins Department COMMISSION provisions, when an agreement between of Labor Building. Room N4437. Third a State and the NRC is effected. the Street cnd Constitution Avenue.N.W.,

Criteria for Gu! dance of States and Commission will discontinue its W shington. D.C. The meetings will NRC in Discontinuance of NRC regulatory authority within that State begin et 9:00 a.m. the public is invited to Regulatory Authority and Assumption cttend.

Thereof by States Through Agreement over one or more of the following materials: byproduct material as defined The Nttional Advirory Committee AGENCY:U.S. Nuclear Regulatory in Section 11e(1) of the Act wIs Gstiblished under Section 7(a) of Commission.

(radioisotopes), byproduct material as

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th) Occupational Safety and Health Act acnow: Statement of Policy.

de'ined in Section 11e(2) of the Act (mill

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cf 1970 (29 U.S.C. 636) to advise the tailings or wastes), source material Secretary of Labor and the Secretary of sumuAny:The Nuclear Regulatory (uranium and thorium). special nuclear o

Hn!!h, Education and Welfare on Commission has revised its staten'ent of material (uranium 233 uranium 235 and I

mitt:rs relating to the administration of policy regarding criteria for guidance of plutonium)in quantities not sufficient to thi Act.

States and NRC in discontinuance of form a critical mass and permanent Wedn:sday February 25,1981 will be NRC regulatory authority and disposal of low-level waste containing devs t:d to Subgroup rneetings. The assumption of regulatory authority by one or more of the materials stated Subgroups will discuss:

States through agreement.This action is above but not including mill tallings.

1. Reproductive Hazards.

mcessay to make eMal danges to

2. An agreement may be effected

2. Safety and Health Effects of New Energy update the policy statement, to allow between a State and NRC:(1) upon Techn:logies.

States to enter mto agreements for low-certification by the Governor that the

3. Informa tion Systems for NIOSH/ OSHA level waste only, and to incorporate the State has a program for the control of priosity Setting.

provisions and requirements of the radiation hazards adequate to protect Uranium Mill Tailings Radiation Control the public health and safety with respect The rg:nda for February 26 and 27 willinclude reports on OSHA and Act of1978. Adoption of this policy will to the materials within the State covered '

allow interested States to enter into NIOSH cetivities, a discussion of repeat by the proposed agreement and the viol:tions, and discussions of other agreements with the NRC and regulate State desires to assume regulatory s1fity snd health matters relating to low-level waste sites only. Additionally

• responsibility for such materials; and (2) those States that meet the criteria for OSHA rnd NIOSH.

after a finding by the Commission that the regulation of uranium mills and the State program is in accordance with Written data or views concerning tailings may exercise regulatory the requirements of subsection o of th se ag.nda items may be submitted to authority over these sources as provided secticn 274 and in all other respects the Division of Consumer Affairs. Such by the Uranium Mill Tailings Radiation compatible with the Commission's docum:nts which are received before Control Act of1978, as amended.

The revised state program for the regulation of such the schrduled meeting dates, preferably with 20 copies will be presented to the reflects the followm, ment of policy materials, and is adequate to protect the g principal changes:

Committ;e and included in the official

1. Modification of Criterion 27 to public health and safety with respect to record of the proceedings.

allow a State to seek an agreement for the materials covered by the proposed Any:ni who wishes to make an oral the regulation of low. level waste as a agreement. it is also necessary that the State have enabling legislation przsent: tion should notify the Division separate category'dditional criteria for authorizing its Governor to enter into cf Consumer Affairs before the meeting

2. Inclusion of a data. Tha request should include the States wishing to continue regulating such an agreement.

c mor.nt cf time desired, the capacity in uranium and thorium processors and 3.The original criteria were published which thi person will appear and a brief mill tailings after November 8.1981.

on March 24,1961 (26 FR 2537) after cutlin;cf the content of the

3. Editorial and clarifying changes to discussions with various State officials I

pr;s ;nt: tion. Oral presentations will be make the statement current.

and other State representatives. to I

schedul:d at the discretion of the DATES:This pohey statement is effective provide guidance and assistance to the chairmin of the Committee to the extent January 23.1981.

States and the AEC (now NRC)in developing c regulatory program which which time permits.

FOR FURTHER INFORMATION CONTACT:

would be compatible with that of the For additionalinformation contact:

John F. Kendig. Office of State Programs. NRC. The criteria were circulated Ci:rence Page. Division of Consumer U.S. Nuclear Regulatory Commission-among States. Federal agencies, labor Affrir:. Occupational Safety and Washington. D.C. 20555. telephone: 301-and industry. and other interested 492 m 67 Heilth Administration.3rd Street and greps for comment.

SUPPLEMENTARY INFORM ATION:

Constitution Avenue. N.W,., Rm.

4.The criteria require that the State N3G35. Washington. D.C. 20:10.

1.These criteria were developed to authority consider the total accumulated Telephone 202/523-8024.

implement a program. authorized by occupational radiation exposure of.

Pub. L 86-373 which was enacted in the individuals.To facilitate such an Officiil records of the meetings will form of a new section to the Atomic appoach. it is the view of the NRC that be cvail:ble for public inspection at the Energy Act (Section 274) and approved an overall radiation protection program Divisi:n cf Cons.umer Affairs.

by the President on September 23.1959 is desirable. The maximum scope of.

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Ftd:rrl Regist:r / Vol. 46. No.15 / Friday. Janu:ry 23, 1981 / Notices mi l

each State's radiation protection exposure of individuals, including that surveys, and disposals cf materials;(b) program is not. however, a necessary or from sources which are not regulated by keep records of the receipt and transfer appropnate subject for coverage in the it of the materials:(c) report significant criteria. Consequently, t!ie criteria are S. Surveys. Monitoring. Appropriate incidents involving the matenals, as silent on the question of whether a State surveys and personnel monitoring under presenbed by the regulatory authority; should have a total regulatory progra n the close supervision of technically (d) make available upon request of a covering all sources of radiation.

competent people are essentialin former employee a report of the including those not subject to control by achieving radiological protection and employee's exposure to radiation:(e) at the NRC under the Atomic Energy Act, shall be made in determining request of an employee advise the such as x-rays, radium. accelerators, etc.

compliance with safety regulations.

employee of his or her annual radiation 5.These revised criteria provide for

6. Labels. Signs. Syrnbols. It is exposure: and (f) inform each employee entering into an agreement for a desirable to achieve uniformity in in writing when the employee has separate category of materials, nam'ely, labels. signs and symbols, and the received radiaticn exposure in excess of low-level waste material in permanent posting thereof. However, it is essential the prescribed limits.

disposal facilities.They also provide that there be uniformity in labels, signs.

12. Additiona/ Requirements and new criteria for States wishing to and symbols affixed to radioactive Exemptions. Consistent with the overall continue regulating urahium and thorium products which are transferred from criteria here enumerated and to processing and the wastes resulting person to person.

accommodate special cases or therefrom under the provisions of the

7. Instruction. Persons working in or circumstances, the State regulatory Uranium Mill Tailings Radiation Control frequenting restricted areas 'shall be authority shall be authorized in Act of 1978 (Pub. I.95-601) after instructed with respect to the health individual cases to impose additimal November 6.1981.The revised criteria risks associated with exposure to requirements to protect health ano also contain a number of editorial radioactive materials and in precautions safety, or to grant necessary exemptions changes such as changing AEC to NRC to minimize exposure. Workers shall which will not jeopardize health and where appropriate to conform to present have the right to request regulatory safety.

practice and law, authority inspections as per 10 CFR 19 Prior Evaluation of Uses of Radioactive

6. Inquiries about details of the section 19.16 an i to be represented

1. 1. 1. 1. ' f, criteria or other aspects of the NRC during inspections as specified in Federal. State Relations Program should section 19.14 of 10 CFR 19.

13. PriorEvaluation ofHazards and be addressed to the Office of State

8. Storage.1.icensed radioactive Uses. Exceptions. In the present state of Programs. U.S. Nuclear Regulatory materialin storage shall be secured knowledge,it is necessary in regulating Commission. Washington, D.C. 20555.

against unauthonzed removal.

the possession and use of byproduct.

9. Waste Disposal. The standards for source and special nuclear materials Crit'".*:

the disposal of radioactive materials that the State regulatory authority Objectives into. the air, water. and sewers, and require the submission of information

1. Protection. A State regulatory burial in the soil shall be in accordance on, and evaluation of. the potential program shall be designed to protect the with Part 20. Holders of radioactive hazards and the capability of the user or health and safety of the people against material desiring to release or dispose of possessor pnor to his receipt of the radiation hazards.

quantities in excess of the presenbed materials. This enterion is subject to limits shall be required to obtain special certam exceptions and to contmumg permission from the appropriate

' reappraisal as knowledge and Radiation Protection Standards 8

2. Standards. The State regulatory regulatory authority.

experience in the atomic energy field program shall adopt a set of standerds

10. Regulations Governing Shipment increase. Frequently there are, and for protection against radiation, which of Radioactive Materials. The State increasmgly in the future there may be, shall apply to byproduct, source and shall to the extent of its jurisdiction categories of materials and uses as to special nuclear materials in quantities promulgate regulations applicable to the which there is sufficient knowledge to not sufficient to form a critical mass.

shipment of radioactive materials, such permit possession and use without prior evaluation of the hazards and the

3. Uniformity in Radiation Standards.

regulations to be compatible with those It is important to strive for uniformity in established by the U.S. Department of capability of the possessor and user.

technical definitions and terminology, Transportation and other agencies of the These categories fallinto two g oups-particularly as related to such things as United States whose lurisdiction over those materials and uses which may be units of measurement and radiation interstate shipment of such materials completely exempt from regulatory controls, and those materials and uses dose.There shall be uniformity on necessarily continues. State regulations in which sanctions for misuse are maximum permissible doses and levels regarding transportation of radioactive of radiation and concentrations of materials must be compatible with 10 maintamed without pre-evaluation of the individual possession or use. In radioactivity, as fixed by Part 20 of the CFR Part 71, NRC regulations based on officially

11. Records and Reports. The State authorizing research and development approved radiation protection guides.

regulatory program shall require that r other activities involving multiple uses of radioactive materials, where an

4. Total OccupationalRadiation holdars and users of radioactive Exposure. The regulatory authority shall materials (a) maintain records covering institution has people with extensive consider the total occupational radiation personnel radiation exposures, radiation training and experience, the State regulatory authority may wish to provide a means for authorizing broad

'ne cnterna were first adopted in February 1981

'"Restncted ares" means any area access to (28 m :337. March r4.1981. and amended m which is controlled by the bcensee for the purpose use of materiL9 Without evaluating eaCh November 19ss (3o FR 15044. December 4.1965k of radiat on protection of individuals from exposure specific use Minor editorial chanses we e made in lune 196a to to radiauon and rad.oactve materials. "Restncted

14. Evaluation Criteria. In evaluating reflect the authority of the U.S. Department of area" shall not include any area used as residenual a proposal to use radioactive materials.

Transpettation and Orsamzation chanse in NCPP.

quarters, although a separate room or rooms in a 8 Suggested State resulauons and State legislauon residential butidics may be set apart as a restncted the regulatory authority shall determine the cdequacy of the applicant's facilities wit: sn. content to.all enteria enunnated.

area.

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m2 Federal Regist:r / Vol. 46. No.15 / Friday, bnnary 23. 1981 / Noticis and safety equipment, his training and radioactivity in the proposed use to be experiencein this field. Tieback reund F

sxperience in the use of the materials evaluated and mspected. This requires and specific training of these persons for ths purpose requested, and his competency to evaluate various willindicate to some extent their proposed administrative controls. States potential radiological hazanis potential role in the regulatory program.

should develop guidance documents for associated with the many uses of These trainees, of course, could be used use by license applicants. this ="M-radioactive material and inchida=

initially to evaluate and inspect those should be consistent with NRC licensing concentrations of radioactive materials applications of radioactive materials end regulatory guides for vanous in air and water, conditions of shielding, which are considered routine or more categories of licensed activities.

the making of radiation measurements.

standardized from the radiation safety

15. Human Use. The use of radioactive knowledge of radiation instruments-standpoint, for example, inspection of msttrials and radiation on orin humans their selection, use and calibration-industrialgauges smallresearch shall nit be permitted except by laboratory design. contamination programs. and diagnostic medical properly qualified persons (normally control, other general principles and programs. As they gain experience and lic:nsed physician:!) possessing practices of radiation protection, and competence in the field. trainees could prescribed minimum, experience in the use of management controla in assunng be used progressively to deal with the usa cf radioisotopes or radiation.

adherence to safety procedures. In order more complex or difficult types of to evaluate some complex cases, the radioactive material applications. It is Inspection State regulatory staff may need to be desirable that such trainees have a

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16. Purpose. Fiequency.The supplemented by consultants or other bachelor's degree or equivalent in the poss:ssion and use of radioactive State agencies with expertise in geology, physical or life sciences and specific mat: rials shall be subject to inspection hydrology, water quality, radiobiology training in radiation protection. In by th7 regulatory authority and shall be and ergineering disciplines.

determining the requirement for subject to the performance of tests, as To perfonc 'he functions involved in academic training of individuals in all of.

required by the regulatory authority.

evalaation a ; inspection,it is desirable the foregoing categories proper Insp;ction and testing as conducted t that there be personnel educated and consideration should be given to det:rmine, and to assist in obtaining, trained in the physical and/or life equivalent competency which nas been compliince with regulatory sciences, including biology. chemistry, gained by appropriate technical and requirements.

physics and engineering, and that the radiation protection experience.

Freq:ncy of inspection shall be personnel have had training and it is recognized that radioactive relat d directly to the amount and kind experience in radiation protection. For materials and their uses are so varied cf material and type of operation example, the person who will be that the evaluation and inspection licens:d. and it shall be adequate to responsible for the actual performance functions will require skills and insure comp!{ance.

of evaluation and inspection of all of the expenence m the different disciplines

17. Inspections Compulsory.1.icensees various uses of byproduct. source and which will not always reside in one shall be under obligation by law t special nuclear material which might person. %e regulatory authority should have the composite of such skills either provide access,to inspectors.

come to the regulatory body sho. uld have in its employ or at its command, not

18. Notification of Results of bs n a1 a n d

Inspection.1.icensees are entitled to be only I r r utine functions, but also for f d of ra a advis:d of the results ofinspections and emergency cases.

protection. It is desirable that such a to notice as to whether or not they are in

, gg.s degree or SpecialNuclear Afaterial Source comp lance.

equivalent in the physical or life Afaterialand Tritium Enfomment sciences, and specif.c training-radiation

21. Co. ditions Applicable to Special

19. Enforcement possession and use protection.

Nuclear Afaterial. Source Afaterialand of r:dioactive materials should be It is recognized that there will also be Tritium. Nothing in the State's em:n-ble to enforcement through legal persons in the program performing a regulatory program shall interfere with sancti ns, and the regulatory authority more limited function in evaluation and the duties imposed on the holder of the shall be equipped cr assisted by law inspection. nese persons will perform materials by the NRC for example, the with the necessary powers for prompt the day.to. day work of the regulatory duty to report to the NRC. on NRC gnf:rcement.This may include. as program and deal with both routine prescribed forms (1) transfers of special r ppropriate, administrative remedies situations as well as some which will be nuclear material, source material and I

looking toward issuance of orders out of the ordinary.These persons tritium, and (2) periodic inventory data.

l requiring affirmative action or should have's bachelor's degree or

22. Specia/ Nuclear Afaterio/ Defined.

suspension or revocation of the right to equivalent in the physical or life Special nuclear material, in quantitles possess and use materials, and the sciences, training in health physics, and not sufficient to form a critical mass, for impounding of materials, the obtaining approximately two years of actual work present purposes means uranium of injunctive relief, and the imposing of experience in the field of radiation enriched in the isotope U-235 in civil or criminal penalties.

protection.

quantities not exceeding 350 grams of The foregoing are considered contained U-235: uranium 233 in Personnel desirable qualifications for the staff who quantities not exceeding 200 grams:

20. Qualifications ofRegulatory and will be respondble for the actual plutonium in quantities not exceeding Inspection Personnel. The regulatory performance of evaluation and 200 grams: or any combination of them ag:ncy shall be staffed with sufficient inspection. In addition, there will in accordance with the following tr:ined personnel. Prior evaluation of probably be trainee: associated with the formula: For each kind of special epplications for licenses or regulatory program who will have an nuclear material. determine the ratio cuthonzJons and inspection of academic background in the physical or between the quantity of that special bcensees must be conducted by persons life sciences as well as varying amounts nuclear material and the quantity pos;essing the training and experience of specific training in radiation specified above for the same kind of r; levant to the type and level of protection but little or no actual work special nuclear material.The sum of D*"O "D

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Fcd:ral R; gist;r / Vol. 46, No.15 / Friday January 23, 1981 / Notices 7533 such ration for all of the kinds of special the following quantities in combination for the DOE at U.S. Government-owmd i

nuclear material in combination should would not exceed the limita: ion and are or controlled sites; not exceed "1" (i.e unity). For example.

within the f ormula, as follows:

b. Pnme contractors perforning research in or development.

175 (grans contained U-235)

• 50 (grams U-233) + 50 (grams Pu)

• I manufacture. storage. testmg. or transportation of, atomic weapons or MO 200 200 components thereof;

c. Pnme contractors using or operating (This definition is subject to change by discontinuance of NRC regulatory nuclear reactors or other nuclear future Commission rule or regulation.)

authority and the assumption of devices in a 'U.S. Covernment-owned regulatory authority by the State may vehicle or vesseh and Administration relate to any one or more of the

d. Any other pnme contractor or

23. State practices for assuring the fair following categories of materials within subcontractor of DOE or NRC when the and impartial administration of the State, a s contemplated by Public State and the NRC joint!v determine (i) regulatory law, including provision for Law 86-373 and Public Law 95-604:

that, under the terms of t'he contract or public participation where appropriate.

a. Byproduct materials as defined in subcontract. there is adequate should be incorporated in procedures section11e(1)of the Act, assurance that the work thereunder can fon

b. Byproduct materials as defined in be accomplished without undue risk to

a. Formulation of rules of general section11e[2] of the Act.

the public health and safety and (ii) that applicability:

c. Source materials, the exemption of such contractor or i

b. Approving or denying applications

d. Special nuclear materials in subcontractor is authorized by law.

for licenses or authorization to possess quantities r.ot sufficient to form a and use radioactive materials, and critical mass, Additional Criteria for States Regulating c.Taking disciplinary actions against

e. Low. level wastes in permanent Uranium or Thorium Processors and licensees.

disposal facilities, as defined by statute Wastes Resulting Therefrom After or Commission rules or regulations November 8,1981 Arrangements For Discontinuing NRC containing one or more of the materials Jurisdiction Statutes stated in a. c, and d above but not

24. State Agency Designation. The including b> product material as defined

29. State statutes or duly promulgsted State should indicate which agency or in Section 11e(2) of the Act; regulations should be enacted,if not agencies will have authority for carrying but must relate to the whole of such already in place, to make clear State on the program and should provide the category or categories and not to a part authority to carry out the requirements NRC with a summary of that legal of any category.*Ifless than the five or Public Law 95-604, Danium Mill authority.There should be assurance

• categories are included in any Tailings Radiation Control Act against duplicate regulation and discontinuance of jurisdiction, (UMTRCA) as follows:

licensing by State and local authorities, discontinuance of NRC regulatory

a. Authority to regulate the tailings or and it may be desirable that there be a authority and the assumption of wastes produced by the extraction er single or central regulatory authority.

regulatory au hority by the State of the concentration of uranium or thonum

25. Existing NRC Licenses and others may be accomplished from any are processed primarily for its Pending Applications. In effecting the subsequently by an amendment or by a source material content.

discontmuance of junsdiction.

later agreement.

b. That an adequate surety (under appropriate arrangements will be made The agreement may incorporate by terms established by regulation) will be and the State to ensure that by NRC,ll be no interference with or reference provisions of other documents, provided by the licensee to assure the there wi including these criteria, and the completion of all requirements interruption of licensed activities or the agreement shall be deemed to established by the (cite appropriate processmg oflicense applications, by incorporate without specific reference State agency) for the decontamination, reason of the transfer. For example, one the provisions of Pub. L 86-a73 and Pub.

decommissioning, and reclamation of approach might be that the State, m L 95-604 and the re!rted provisions of sites, structures, and equipment used in assuming jurisdiction, could recogm.ze the Atomic Energy Act.

conjunction with the generation or and continue in effect, for an Arrangements should be made for the disposal of such byproduct material.

appropriate period of time under State reciprocal recognition of State licenses

c. Ifin the States' licensing and law, existing NRC licenses, including and Federallicenses in connection with regulation of byproduct material or of licenses for which timely applications out-of-the-jurisdiction operations by a sny activity which produces byproduct for renewal have been filed, except State or Federallicensee.

material, the State collects funds from where good cause warrants the earlier

28. NRCandDepartment ofEnergy the licensee or its surety for long-term reexamination or termination of the Contracton. The State should provide surveillance and maintenance of such hcense.

exemptions for NRC and DOE material, the total amount of the funds

26. Relations with Federal contractors which are substantially collected by the State shall be

, Covernment and Other States. There equivalent to the following exemptions:

transferred to the U.S. if custody of the should be an interchange of Federal and

a. Prime contractors performing work byproduct material and its disposal site State information and assistance m is transferred to the Federal connection with the issuance of Government upon termination of the

• A state which does not wihh to continue regulations and licenses or regulation of uranium and thonum processors and State license. (See 10 CFR 150.32.)If no authorizations, inspection of licensees, byproduct matenal. as defined in sect on tie.t:) of default has occurred and the reporting of incidents and violations, the Atomic Energy Act as amended, after November reclamation or other bonded activity has and training and education problems.

[2,S82 un;*ntjo Pu Qc been performed, funds for the purpose

!. 9 an in me staie acWu unmum w monum mcenon.

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54 Federal Regist:r / Vol. 46. No.15 / Fnday January 23, 1981 / Notices ar2 not t) be transferred to the Federal

31. ! tis preferable that State statutes or Federal agencies in prepanng the Government.The funds collected by the contain the provisions of Section6 of the environmental assessment should Sttte sh:ll be sufficient to ensure Model Act. But the following may be designate a lead agency for supervising compliince with the regulations the accomphshed by adoption of either and coordinating preparation of this Commission establishes pursuant to procedures by regulation or technical environmental assessment. It is Section 181X of the Atomic Energy Act.

criteria. la any cawauthority for their normally expected that the radiation

d. In the issuances of licenses, an implementation should be adequately control agency in Agreement States will opp:rtunity for written comments, supported by statute, regulation or case be the lead agency. The basic premise is public h:aring (with transcript) and law as determined by the State Attomey that the lead agency is required to cross cxamination is required.

General.

prepare the environmentalassessment.

c. In the issuances of licenses, a In the licensing and regulation of ores Utilization of an applicant's wntten determination of the action to be processed pnmaaily for their source environmental report in lieu of a lead tak:n b sed upon evidence presented material content and for the disposal of agency assessment of the proposed during the public coctment period and bypmd ct material, procedures shall be project is not adequate or appropriate.

which is subject to judicial review is' established which provide a mitten However, the lead agency may prepare r: quired.

analysis of the impact on the an environmental assessment based

f. A ban on major construction prior to environment of the licensing activity.

upon an applicant's environmental complitica. of the aforementioned

' Bis analysis shall be available to the report. Other credible infonnation may stipul;tions.

public before commencement of,

'.;e utilized by the Stata as long as such

g. An cpportunity shall be provided hearings and shallinclude:8 information is verified and documented for public participation through written

a. An assessment of the radiological by the State.

comm:nts, public hearings, and judicial and nonradiological public health c When a lead agencyis designated.

l revixw cf rules.

impacts; that agency should coordinate

30. In the enactment of any supporting

b. An assessment of any impact on preparation of the statement.The other irgislati:n. the State should take into any body of water or groundwater; agencies involved should provide account the reservations of authority to

c. Consideration of attematives to the assistance with respect to their areas of the U.S. in UMTRCA as stated in to CFR licensed activities: and jurisdiction and expertise. Factors 150.15a cnd summarized by the

d. Consideration oflong-term impacts relevant in obtaining assistance from of licensed activities (see item 36b.(1).

other agencies include the applicable fo! lowing:,

e.Th2 establishment of minimum Regulations statutory authority, the time sequence in e agencies ec me inv lad, standards governing reclamation,long-

32. State regulations should be the magnitude of theirinvolvement, and w

term surveillance or maintenance, and

~

reviewed for regulatory nquirements, relative expertise with respect to the own:rship of the byproduct material.

and where necessary incorporate.

project's environmental effects.

b. Thi determination that prior to the regulatory language which is equivalent in order to bring an envircamental termin: tion of a license, the licensee has to 6e extent practicap w mwe assessment to a satisfactory conclusion, complied with decontamination, sinngent than ngulatmns and standards it is highly recommended that an initial decommissioning and reclamation adopted and enforced by the scoping document be developed which strndards, and ownership requirements s0' I

clearly delineates the area and scope of I

for sitis at which byproduct materialis 0

d wM e pdonned h each ageny.

pres:nt.

150 31(b))-

l

c. The requirement that prior to within a given time constraint.

termination of any license for byproduct Organizationa1 Relationships Within

d. For those areas in the materiil. as defined in Section 11e.(2), of the States environmental assessment where the State cannot identify a State agency the Attmic Energy Act or for any

33. Organizational relationships having sufficient expertise to adequately activity that results in the production of should be established which will svaluate the proposal or prepare an such matenal, title to such byproduct provide foran effective regulatory assessment the State should have miten:1 and the disposal site be program for uranium mills and mill pmvisions for obtaining outside transfirred to the Federal Government tailings.

cr Sttte at the option of the State,

a. Charts should be developed which c nsulting services. In those instances provided such option is exercised prior show the management organization and when non-governmenatal consultants 4

to termination of the license.

lines of authority.This chart should are utilized, procedures should be established to avoid conflict of interest d.The authority to require such ^

define the specific lines of supervision consistent with State law and monit: ring, m sintenance, and from program management within the emtrg;ncy measures after the license is radiation control group and any other admir.';trative procedures.

termin.ted as necessary to protect the department within the State responsible Medical consultants recognized for public health and safety for those for contributing to the regulation of their expertise in emergency medical materials and property for which the uranium processing and disposal of matter., such as the Oak Ridge and State has assumed custody pursuant to tailings.When other State agencies or Hanford National Laboratories. relating to the intake or uranium and its Pub.1.95-604.

regional offices are utilized the lines of e.The authority to permit use of the communication and administrative diagnosis thereof associated with surfice or subsurface estate, or both cf controlbetween the agencies and/or uranium mining and milling should b identified and a >ailable to the State for the land transferred to the United States regions and the Program Director should advice and direct assistance.

or State pursuant under provision of the be clearly drawn.

During the budget preparation, the Uranium Mill Radiation Tailings Control b.Those States that will utilize Act.

personnel from other State Departments State should allow for funding costs

~ f.The authority to exempt land incurred by the use of consultants. In own2r ship transfer requirements of

• tt i.tronsty recommended ih t. so-d y period addition, consultants should be Section 83!b)(1)[A).

be provided for pubhc review.

available for any emergencies which D**]D

• ]D f oeM o NU1 X

.a

Fed:ral R gist;r / Vol. 46 No.15 / Friday, January 23, 1981 / Notices 7545 may occur and for which their expertise have additional training in Uraniczn Mill (b) Geology:

would be needed immediately.

Health Physics and Environmental (c) Hydrology and water quality:

Assessments (d) Meteorology:

1. 1. 1. 1. 1. 'I

c. Personnelin agencies other than the (e) Background radiation:

34. Personnel needed in the processing lead agency are included in these total (f) Tailings retention system:

of the license application can be person year numbers. If other agencies (g) Intertm stabilization, reclamation, identified or grouped according to the are counted in these numbers then it and Site Decommissioning Program; fo!!owing skills: Technical:

shall be demonstrated that these (h) Radiological Dose Assessment:

Administrative: aM 5.pport.

personnel will be available on a routine (1) Source terms

a. Administrative personnel are those and continuing basis to a degree (2) Exposure pathway persons who will provide internal claimed as necessary to successfully (3) Dose commitment to individuals guides, policy memoranda. reviews and comply with the requirements of (4) Dose commitment to populatiens managenal services necessary to assure UMTRCA and these criteria. The (5) Evaluation of radiologicalimpacts completion of the licensing action.

arrangements for making such resources to the public to include a determination Support personnel are those persons available shall be documented, such as of ccmpliance with State and Federal who provide secretarial, clencal an interagency memorandum of

' regulations and comparisons with support. legal, and laboratory services.

understanding and confirmed by background values Technical personnel are those budgetary cost centers.

(6) Occupational dose indMduals who have the training and (7) Radiologicalimpact to biota other experience in radiation protection functions To Be Covered than man necessary to evaluate the enginering 35.The States should develop (a) Radiological monitoring programs, and radiological safety aspects of a procedures for licensing. inspection, and pre-occupational and operational uranium concentrator. Current preparation of environmental (i) Impacts to surface and indications are that 2 to 2.75 total assessments.

groundwater, both quality and quantity; professions! person years' effort is

a. l.icensing

0) Environmental effects of accidents:

needed to process a new conventional (1) Licensing evaluations or and mill license, in situ license, or major assessments should include in plant (k) Evaluation of tailings management renewal, to meet the requirements of radiological safety aspects in alternatives in terms of regulations.

UMTRCA. This number includes the occupational or restricted areas and (2) The States are encouraged to effort for the environmental assessment environmentalimpacts to populations in examine the need to expand the scope and the in-plant safety review. It also unrestricted areas from the plant.

of the assessment into other areas such includes the use of consultants. Heap (2) It is expected that the State will as leach applications may take less time review, evaluate and provide a) Ecology; and is expected to take 1.0 to 1.5 documentation of these evaluations.

(b) Environmental effects of site professional staff years' effort.

Items which should be evaluated are:

preparation and facility construction on depending on the circumstances (a) Proposed activities; environment and biota:

encountered. Current indications are (b) Scope of proposed action:

(c) Envircnmental effects of use an 1 that the person years effort for support (c) Specific actisities to be conducted; discharge of chemicals and fuels: and and legal services should be one (d) Administrative procedures:

(d) Economic and social effects.

secretary for approximately 2 (e) Facility organization and

c. Inspections conventional mills and % staff years for radiological safety responsibilities, (1) As a minimum, items which should l

legal services for each noncontested mill authorities, and personnel be inspected or included during the '

case.%e impact on environmental qualifications; inspection of a uranium mill should nonitoring laboratory support services (f)1.icensee audits and inspections:

adhere to the items evaluated in the in-i 1

is difficult to estimate but should be (g) Radiation safety training programs plant safety review. he principal items added into the personnel requirements.

for workers:

recommended for inspection are:

i 1

In addition consideration should be (h) Radiation safety program, control (a) Administration:

given to various miscellaneous post-and monitoring:

(b) Mill circuit, including any licensing ongoing activities including the (i) Restricted area markings and additions, deletions, or circuit changes; issuance of minor amendments.

access control:

(c) Accidents / Incidents:

inspections, and environmental

0) At existing mills, review of (d) Part 19 or equivalent requirements surveillance. it is estimated that these monitoring data, exposure records, of the State:

activities may require about 0.5 to 1

. licensee audit and inspection records, (e) Action taken on previous findings; person years effort per licensed facility and other records applicable to existing (f) A mill tour to determine per year, the latter being the case for a mills:

compliance with regulations, and license major facility.nese figures do not (k) Environmental monitoring:

conditionr.

l include manpower for Title I activitives (1) Emergency procedures, (g) Tailings waste management in of UMTRCA.

radiological:

accordance with regulations and license l

b. In evaluating license applications (m) Product transportation: and conditions (see NRC Reg. Cuide 3.11.1);

the State shall have access to necessary (n) Site and physical decommissioning (h) Records:

specialities, e.g., radiological safety.

procedures, other than tailings.

(i) Respiratory protection in hydrology. geology and dam (o) Employee exposure data and accordance with license conditions or 10 I-construction and operation.

bicassay programs.

CFR Part 20.

In addition to the personnel b.Envimamental Assessment (j) Effluent and environmental l

qualifications listed in the " Guide for (1) The environmental evaluation monitoring:

Evaluation of State Radiation Control should consist of a detailed and (k) Training programs:

Programs," Revision 3, February 1.1980.

documented evaluation of the following (1) Transportation and shipping:

the regulatory staffinvolved in the items:

(m) Internal review and audit by l

regulatory process (Radiation) should (a) Topography:

management 1

i fLNoN2 c.

7546 Fcd;r:1 Regist;r / Vol. 46. No.15 / Friday. January 23. 1981 / Notices (n) Exit interview; and samples in a variety of sample media Subcommittee will review operating (s) Final written report documenting resulting from a major accident can be experience, degree of success in the results of theinspection.and findings analyzed in a time frame that will allow eliminating the core power fluctuations, on erch item.

timely decisions to be made regarding core performance (fuel and structural).

(2) In addition. the inspector should public health and safety.

plans for testing and operation at levels perform the following-

d. Arrangements should be made to above 70% of rated power and plans for (a) Independent surveys and participate in the Environmental future operations, modifications, s:mpling.

Protection Agency quality assurance refue. ling. and shift manning (3) Additional guidance is contained program for laboratory performance.

requirments. Notice of this meeting was in sppropriate NRC regulatory and Dated at Washington. D.C. this teth day of published Jan.12.

inspection guides. A complete 3,ogary,1ge1.

' Safety Philosphy. Technology and inspection should be performed at least For the Nuclear Regulatory Co:nmission.

Criteria. January 28.1981. les Angeles.

d. OperationalData Review John C. Hoyle CA. The Subcommittee will discuss once per year.

g y

g, requirements for new (beyond Near-(1)In addition to the reporting Term Construction Permit) reactor requirements required by the regulations IF* " N 5-" * *"$1 plants. Notice of this meeting was c r license conditions, the licensee will

• * *C08'F***

• published Jan'14.

submit in writing to the regulatory

• Extreme ExternalPhenomena.

ig;ncy within 60 days after January 1 Advisory Committee on Reactor January 29-30.1981. los Angeles. CA.

cnd July 1 of each year, reports specifymg the quantity of each of the Safeguards; Proposed Meetings The Subcommittee,will discuss the status of the Seismic Safety Margins princip:1 radionuclides released to In order to provide advance Program. Notice of this meeting was unrestricted areas in liquid and in informatio regarding proposed published Jan.14.

gismus effluents during the previous six meetings of the ACRS Subcommittees

• San Onofre 2 andJ. January 31.1981.

months of operation.This data shall be and Working Groups, and of the full Los Angeles. CA. The Subcommittee will reportid in a manner that will permit the Committee, the following prehminary meet to review the seismology and regulxtw agency to confirm the schedule reflects the current situation, geology related items for San Onofre potential annual radiation doses to the taking into account additional meetings Units 2 and 3 for an Operating License.

public.

which have been scheduled and Notice of this meeting was published (2) All data from the radiological and meetings which have been postponed or jan.15.

non.rsdiological environmental cancelled since the last list of proposed

' Regulatory Activities. February 3.

monitoring program will also be meetings published Dec. 22.1980 (45 FR 1981. Washington. DC. The submittid for the same time periods and 84182). Those meetings which are Subcommittee will discuss proposed frequency. *Ihe data will be reported in definitely scheduled have had, or will Regulatory Guides and Regulations.

a mirin;r that will allow the regulatory have, an individual notice published in Notice of this meeting was published agency to conform the dose to receptors. the Federal Register approximately 15 jan.19.

days (or more) prior to the meetin8

• Plant Features important to Safety, lestrumentation Those Subcommittee and Working February 3.1981. Washington DC.The

36. The State should have available Group me.etings for which it is Subcommittee will discuss the NRC both fitld and laboratory anticipated that there will be a portion definitions of the terms " safety grade",

instrum:ntation sufficient to ensure the or all of the meeting open to the public

" safety related" and "important to licensds control of materials and to are indicated by an asterisk (*). It is safety" as developed for testimony valid:ta the licensee's measurements.

expected that the sessions of the full related to the Three Mile Island Unit 1 a.Tha State will submit its list of Committee meeting designated by an restart. as well as review the generic instrumrntation to the NRC for review.

asterisk (*) will be open in whole or in implications of the use of these Arringements should be made for part to the public. ACRS full Committee definitions in the licensing process.

calibrating such equipment.

meetings begm at 8:30 an and Notice of this meeting was published

b. Laboratory-type instrumentation Subcommittee and Working Group jan.19.

should be available in a State agency or meetings usually begin at 8:30 a.m.The

'NRCSafetyResearch Pmgram, thr ugh a commercial service which has time when items listed on the agenda February 4.1981. Washington. DC. The th a capibility for quantitative and

- will be discussed during full Committee Subcommittee will discuss NRC's long-t qu;litstive analysis of radionuclides meetings and when Subcommittee and range safety research plan and ACRS sssoci'.ted with natural u anium and its Working Group meetings will start will comments on the Office of Nuclear

. dec y chain. primarily; U.238. Ra 226.

la publbhed prior to each meeting.

Regulatory Research response to ACRS

- Th 320.Pb-210 and Rn.222,in a variety Information as to whether a meeting has recommendations in NUREG-0699.

cf simple media such as will be been firmly scheduled, cancelled, or Notice of this meeting was published encountered from an environmental rescheduled, or whether changes have Jan.21.

sampling program.

been made in the agenda Eor the-

• Safety Philosophy. Technology and

.Antlysis and data reduction from February 1981 ACRS full Committee Criteria. February 4.1981. Washington, lab: rat:ry analytical facilities should be meeting can be obtained by a prepaid DC. The Subcommittee will discuss the artilable to the licensing and inspection telephone call to the Office of the proposed Near-Term Construction cuthorities in a timely manner.

Executive Director of the Committee Permit. Notice of this meeting was Norm:lly, the data should be available (telephone 202/634-3267. ATTN: Mary E.

pubhshed Jan. 21.

within 30 days of submittat State Vanderholt) between 8:15 a.m. and 5:00

• Reactor Radiologica1 Effec,ts, acceptability of quality assurance (QA) p.m Easter Time.

February 5.1981. (1:00 p.m.),

p ograms should also be established for Washington, DC. The Subcommittee is tne an lyticallaboratories.

ACRS Subcommittee Meetings to review and comment on the NRC

c. Artcngements should also be

' Fort St. Vicin. january 27.1981, at Staff's paper to the NRC Commissioners completed so that a large number of site, near Longmont. CO. The on the current status of thinking and m

NEW MEXICO Regulations The New Mexico regulations do not cover all of the points in Appendix A, to 10 CFR 40 and 150.31(b) (which constitute minimum national standards concerning technical, financial and institutional control aspects of uranium mill tailings disposal under Atomic Energy Act (AEA) Sec. 274.o(2),

as amended). While there are some limited technical requirements in the State regulations, (for example, 55 3-300 K and L and Part 12),10 CFR 40 Appendix A, Introduction, and Criteria 1-9 and 12 are not covered.

Long-term funding (Criterion 10) and land ownership transfer requirements (Criterion 11) are addressed in the regulations; comments on these sections of the New Mexico regulations are provided in later parts of this enclosure.

Also, with regard to regulation development, the State must develop a program for implementation of U. S. epa fuel cycle radiation protection standards (40 CFR 190) at mills in addition to regulations to be developed under Section 274.o(2).

In connection with developing regulations, the State should recognize that Uranium Mill Tailings Radiation Control Act of 1978, as amended (UMTRCA) states that duplication of proceedings conducted by the Commission is not necessary (last sentence of 274.o of AEA).

Since the Comission developed the substantive regulations (45 FR 65521) on uranium mills through a full and public rulemaking proceeding (NUREG-0706), the State may wish to incorporate the record developed by the NRC as a part of any rulemaking that may be necessary under State law.

It is also noted that UMTRCA requires that Agreement States have, as of November 1981, regulations which are equivalent to the extent practicable, or more stringent than Commission regulations on uranium milling (10 CFR 150.31(b)(2)).

The Commission considers tnat its recently promulgated regulations are practicable to implement in Agreement States as they are based upon the analysis in the final GEIS* which addressed operations in both Agreement and Non-Agreement States.

The Commission regulations constitute minimum national standards.

Immediate Action at Existing Mills A letter from NRC Chairman Ahearne to Governor King dated June 12, 1980, noted there is need to take prompt action to upgrade tailings management practices at existing uranium mills. While the full upgrading of New Mexico's regulatory program, including issuance of the regulations discussed above, is not required until November of 1981, the State must meet upgraded requirements of the UMTRCA to the maximum extent practicable, in the interim as required by UMTRCA, Section 204(h)(1).

During the interim period (before November 1981) 10 CFR 150.31(a) requires Agreement States to implement NRC regulations to the maximum extent practicable as stated in the FR Notice issuing ths regulations (see 45 FR 65530).

The Comission considers it practicable and necessary for Agreement States' mill operators:

• GEIS - Final Generic Environmental Impact Statement on Uranium Milling (NUREG-0706).

Encl. 2

. (a) to begin now (as opposed to after November 1981) to develop programs meeting the regulations; (b) to submit such programs to the Agreement States on the same schedule as non-Agreement State operations; (c) and to immediately implement steps to deal with presently occurring impacts such as blowing of tailings and uncontrolled seepage.

The need to take a ompt action at existing mills has been raised in correspondence numerous times by the NRC staff over the past several years. As a result of conversations with the NMEID staff and our examination of materials in State files during the periodic review of the State's program, it cannot be explicitly determined if NMEID has taken documented steps to require existing mill operators to develop specific tailings management programs.

Long-Term Surveillance and Monitoring We recognize that New Mexico legislation and regulations contain provisions for a Continued Care Fund"...for use in remedying and preventing situations which may be harmful to the health, safety, welfare or property of the people, involving abandoned wastes or inoperative facilities which are or were operated by depositors to the continued care fund."

It is our understanding that this is a fund which will also cover the costs associated with long-term monitoring.

It appears that the total amount of each operator's deposit to the fund is more than sufficient at the present time to satisfy the escalating fee' requirement established by the NRC in Criterion 10 of NRC regulations.

However, in view of the differing structures of the Federal and State long-term monitoring fund there is the possibility that at some time in

-the future the fixed amount specified in the New Mexico Regulation

($1,000,000) may no longer be sufficient.

Existing New Mexico legislation or regulations nowhere require efforts to eliminate the need for active, ongoing maintenance of sites over the long tenn. This is a fundamental requirement of'10 CFR 40, App. A Criteria 1 and 12 and'is consistent with Sec. 161.x.(2) (A) of AEA as amended.. While there may be some uncertainty over the degree of ongoing

. surveillance that will be needed over the long-term, the clear thrust of legislation and regulations must be'to require ' elimination of active

~

maintenance (see also 12.3.11 and 14.3 of NUREG-0706.) This concept

'should be stated explicitly in State regulations so that the existence of LaL" Continued Care" fund does not encourage programs whi.h need ongoing active maintenance.

. Reservations of Authority to the NRC i

With regard to land ownership, the State regulations appear to have adequate provisions for requiring the licensee to obtain title to disposal sites for eventual transfer to the State or Federal government.

Section 3-300 J(2), however, contains reservations of authority to the State, regarding such transfer.

These authorities are reserved to the Commission by section,83(a) of the Atomic Energy Act, as amended. The determination as to whether title transfer to the government is necessary to protect 4

the public health and safety or welfare or to minimize or eliminate danger to life or property can only be made by the Commission.

The final determination that all decommissioning, decontamination and reclamation requirements of the Commission have been met prior to license termination and land transfer is to be made by the Commission (10 CFR 150.15a and Atomic Energy Act, Sec. 83.c).

Sections12-300 E and J appear to conflict with this reserved authority.

In connection with land ownership transfer requirements, it should be noted that the only areas which can be committed to long term government custody are the tailings disposal sites and not areas such as evaporation ponds or areas contaminated from active milling operations.

These areas must be decontaminated for unrestricted use.

(See Criterion 9 of Appendix A, to 10 CFR 40.) This matter is raised at this time so that it might be clarified in the revision to State regulations which should be done to meet Atomic Energy Act Sec. 274.o.

Written Environmental Impact Assessments We are aware that New Mexico prepared a written assessment in the recent Gulf case which satisfied the provisions of Section 274.o(3)(C) of the Atomic Energy Act. There appears to be no requirement, however, in State statutes for a written environmental analysis to be prepared by the State. Such assessments should be prepared for all licensing actions having significant impact on the human environment, i.e., new licensing I

actions, renewals, and major amendments. All aspects of the assessment, required by AEA 274.o(3)(C) (including those conducted by other State agencies, such as the Water Pollution Control Bureau) must be included in the documented analysis.

It is considered necessary that this documented assessment be made available for public review and comment for some reasonable amount of time before proceedings (including hearings) on issuance of the license begin.

(10 CFR 150.31(b)(3)(i)(A)).

Organizational Relationships Within States Although a lead agency has been designated as being primarily responsible for the preparation of the independent assessment and other agencies which will participate in the review are identified, the time sequence

. in which the other groups become involved is not clear.

For example, it appears that both the Water Pollution Control Bureau and the State Engineer have independent regulatory responsibility over certain aspects of an operation.

Since neither of these organizations are under the supervision of the Radiation Protection Bureau Chief, coordination of the overall assessment needs to be clarified in accordance with Criterion 33(c).

The New Mexico response dated September 8,1980, identified the need for outside consulting services in a number of areas. With the exception of the $50,000 appropriation for radionuclide analyses, the New Mexico response of September 8,1980, does not address funding costs incurred as a result of the use of consultants or how such costs are considered during the process of budget preparation.

The response does not reveal if the utilization of these consultants has been approved or budgeted.

An estimate of each consultant's time for a particular mill licensing action should be identified. (Criterion 33 a through d).

Staff Resources Information contained in the State September 8, 1980, response indicates that the staff will rely heavily upon the Water Pollution Control Bureau personnel for experience in hydrology.

This does not represent a problem; however, it must be documented that such qualified personnel are available on a routine basis for assisting in preparation of the lead agency's assessment and other licensing activities, that is, in person years the amount of their time which can and will be devoted to uranium recovery licensing and regulation, must be documented (Criterion 34(c)).

It is recommended that since these other Bureaus and Departments have their own responsibilities for mill licensing projects, the Radiation Protection Bureau initiate formal written agreements, e.g., Memorandum of Understanding, to solidify the coordination and timing of the lead agency assessment.

Such agreements as well as budget documents can be the mechanisms used to demonstrate the commitment of other agency personnel.

i I

i