ML20011F387
| ML20011F387 | |
| Person / Time | |
|---|---|
| Issue date: | 02/27/1990 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Lytle J ENERGY, DEPT. OF |
| References | |
| REF-WM-3 NUDOCS 9003050270 | |
| Download: ML20011F387 (3) | |
Text
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Jill E. Lytle, Acting Associate Director
.0ffice of Waste Operations Office of Environmental Restoration and Waste Management Mail Stop 7A049 United States Department of Energy 1000 Independence Avenue, S.W.
Washington, DC 20545
Dear Ms. Lytle:
On January 5,1990, I provided the Department of Energy (DOE) with a Governor's certification submitted b Refer to my January 5,1990, letter (y the Comonwealth of Massachusetts. copy enclosed) for addit Subsequent to the Nuclear Regulatory Comission's (NRC's) revin and transmittal of this certification to DOE, an additional document was received from the Comonwealth of Massachusetts containing substantial additional information as an addendum to the Comonwealth's earlier certification submittal. Within this document, which was signed by Governor Dukakis, was a-certification stating that "The State of Massachusetts will be capable of providing for, and will provide for the storage, disposal, or management of any low-level radioactive waste generated within the State and requiring disposal after December 31, 1992." Refer to Enclosure 2 for a copy of that document.
We intend to provide copies of this submittal to Congress, the sited states officials and to publish it in the Federal Register. These actions will complete NRC's processing of the entire Commonwealth of Massachusetts Governor's certification submittal.
Sincerely,
$lgned) Robert M. Bernem Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
As stated DISTRIBUTION:
(Centrs1JUeK409:22MA RBernero GArlotto RLBahgart PLohaus JJSurmeier NMSS r/f LLOB r/f JGreeves MBell LCamper NMSS Dir. Ofc. r/f RPerson RFonner PDR Yes: /Y~/
h PDR-No: /~ ~ /
Reason: Proprietary C/
or CF Only C/
ACNW Yes: C/
No: I~/
SUBJECT ABSTRACT:
GOVERN 0R'S TIFICATIONS SUBMITTED BY THE COMMONWEALTH OF MASSACHUSETTS
- See Previous Concurrence
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OFC :LLOB'
- LLOB'
- LLOB'
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- LLWM
- NP155 NAME:LCamper/jl
- J5haff ner:PLohau s :RFonner :RBangart :GR16tto :RBernero
,M DATE:02/13/90
- 02/13/90 :02/13/90 :02/13/90 :02/14/90 IO2/ /90 :02/p/90
-h 0FFICIAL RECORD COPY 9003o5027o 900227
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l Jill-E. Lytle, Acting Associate Director l
Office of Waste Operations-Office of Environmental Restoration I
j and Waste Management Mail Stop 7A049 United States Department of Energy L
1000 Independence Avenue, S.W.
Washington,DC 20545 i
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Dear Ms. Lytle:
f On Januari 5,1990, I provided the Department of Energy (DOE) with a Governor's certification submitted b Refer to sqy January 5,1990, letter (y the Coisnonwealth of Massachusetts. copy enclosed) fo Subsequent to tbe, Nuclear Regulatory Commission's (NRC's) review and transmittal of this, certification to DOE, an additional document was received from the Commonwealth of Massachusetts containing substantial additional information as an addendum to the Conmenwealth's earlier certification submittal. Within this document, which was signed by Governor Dukakis, was a certification stating that "The State of Massachusetts will be capable of providing for, and will provide for the storage, disposal, or management of any low-level radioactive waste' generated within the State and requiring disposal after December 31, 1992." Refer to Enclosure 2 for a cooy of that document.
We intend to provide co)ies of this submittal to the Congress, the sited states officials and to publisi it in the Federal Register. These actions will complete NRC's processing of the entire Commonwealth of Massachusetts Governor's certification submittal.
Sincerely, Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
As stated DISTRIBUTION:
Central File f 409.22 RBernero GArlotto RLBangart PLohaus JJSurmeier NMSS r/f LLOB r/f JGreeves MBell LCamper NMSS Dir. Ofc. r/f RFonner RPerson t
PDR Yes: /T~/
PDR No: /
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Reason:
Proprietary /~/
or CF Only //
ACNW Yes: L/
No: F/
s SUBJECT ABSTRACT: GOVERNOR'S TIFICATIONS SUBMITTED BY THE COMMONWEALTH OF MASSACHUSETTS OFC :LLOB'
- LLOB*
- LLOB*
- 0GC*
- LLh Q:NM55
- NM55-NAME:LCamper/jl
- J5 hah ner:PLohaus :RFonner :FBengart :GArlotto :RBernero DATE:02/ /90
- 02/ /90 :02/ /90 :02/ /90 :02// /90 :02/ /90 :02/ /90 l
0FFICIAL f!ECORD COPY CSEE, PREVIOUS CONCURRENCE
i LTR JLYTLE '.C Jill E. Lytle, Acting Associate Director Office of Waste Operations ffice of Environmental Restoration nd Waste Management Ma Stop 7A049 Uni States Department of Energy 1000 I dependence Avenue, S.W.
Washing n, DC 20545
Dear Ms. L le:
On January 5, 90, I provided the Department of Energy (DOE) with a Governor's certification s mitted by the Connonwealth of Massachusetts.
Refer to my January 5, 1990, tter (copy enclosed) for additional information.
Subsequent to the Nuc ar Regulatory Commission's (NRC's) review and transmittal of this cer ification to DOE, an additional letter was nece.ived from the Commonwealth of ssachusetts containing substantial additional information as an addendum the Commonwealth's earlier certification submittal. Within this docu t, which was signed by Governor Dukakis, was a certification stating that "The tate of Massachusetts will be capable of providing for, and will provide the storage, disposal, or management of any low-level radioactive waste generat within the State and requiring disposal after December 31, 1992." Refer to En osure 2 for a copy of that letter. We believe this submission requires no effo on behalf of NRC, other than to add the letter to the Coninonwealth of Massachu tts file and transmit a copy to DOE to facilitate completion of the records.
Sincerely.
Robert M. Bernero, Direc or Office of Nuclear Materia Safety and Safeguards
Enclosures:
As stated DISTRIBUTION:
Central File f 409.22 RBernero GArlotto RLBangart PLohaus JJSurmeier HMSS r/f LLOB r/f JGreeves MBell LCamper HMSS Dir. Ofc. r/f RPerson RFonner PDR Yes: /X /
I PDR No: /
/
Reason: Proprietary I/
or CF Only /~/
ACHW Yes: L/
No: F/
SUBJECT ABSTRACT: GOVERNOR'S TIFICATIONS SUBMITTED BY THE COMMONWEALTH OF MASSACHUSETTS MW u
0FC:LLOj
- LLOS
- L
- 0G g
- LLWM
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- NM55 NAME:LCainper/jl
- J5haffner:PLohaus :
iner :RBangart :GArlotto :RBernero DATE:02/(3/90
- 02/p/90 :02//) /90 :02/O/90 :02/ /90 :02/ /90 :02/ /90 0FFICIAL RECORD COPY
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i JANll M Jill E. Lytle, Acting Associate Director Office of Waste Operations Office of Environmental Restoration and Waste Management Mail Stop 7A049 United States Department of Energy 1000 Independence Avenue, S.W.
Washington, D.C.
20585
Dear Mrs. Lytle:
In accordance with the Department of Energy's' January 23 1989, ' Notice of DOE Policies and Procedures R rding the January 1 1990Milestene",theNuclear Regulatory Commission (NAC hereby verifies rece,ipt of the enclosed certification submitted by the Cosmonwee th of Massachusetts to meet Section 5(e)(1) (C)(11) of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Act). This certification was signed by Governor Michael S. Dukakis and states that l.
"EnclosedistheCommonwealthofMassachusetts'submissIonpursuantto Section 5(e)(1)(C)(11) of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which complies with the 1990 milestone requirements." The conclusion of the submission states, on Page 62, that " Massachusetts therefore, can assure that it is both capable of provid' ng and will provide for the storage, disposal or management of LLW produced here and roeiring disposal after 1992." This certification was officially provided to NRC on December 29, 1989. No later than January 23, 1990, copies of all certifications will be sent to Congress and to the Office of the Federal Register for publication in accordance w9th Section5(e)(1)(E)oftheAct. At the same time the sited states officials named in our guidance in the February 22. I'l89, federal Resister Notice will be provided with copies of all certifications. NRC has processes the certification in accordance with the summary provided to you in my December 21, 1989, letter, j
Sincerely, (Signae) Aotert IA Bernas Robert M. Bernero Office of Nuclear Director Material Safety and Safeguards c
Enclosure:
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THECOMMONWEALTH OF M ASSACHUSETTS suscuityt ORPARTMENT state nouss e
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eeviaman January 31, 1990 Mr.. Robert M. Bernero e
Director Office of Wuclear Material i
Safety and Safeguards U.S. Nuclear Regulatory coismission Washington, DC 20555 Dear Mr. Berneros Massachusetts submits the enclosed material to olarify and l-supplement the 1990 milestone certification sabnitted on December 22, 1989.
This information is sent in response to questions and concerns 1
raised during the meeting with the Low-Level Radiosotive Waste Management Board's executive director, Carol naiok, in San Francisco on Thursday, January 25, 19f',
This certification information is a reconfirmation of our intent to manage low-level radioactive waste within our state boundaries.
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Massachusetts ca:n and will satisfy the' storage, treatment and i
disposal needs of the over-400 radioactive materials licenses;s in our state, and this work has begun.
In 1987, I signed into law M.G.L. o.1115, the Low-Level Radioactive Waste Management Act.
This law required me to appoint a Management Board to be responsible for all LLW issues in the Commonwealth.
The Management Board assumed responsibility in 1988.
Its authority and responsibilities are described in typendix 3 of
- the December 22,.1989 certification document.
The timetables I;
established and the actions being ocepleted under the law coincide with the Nilestone deadlines of the Federal Low-Level i
Radioactive Waste Policy hot.
Pursuant to Chapter 1115, it is
'the policy of this administration that a faellity will be available for waste from Massachusette before January, 1996.
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EXfCUTIVE DEPARTMENT j
o STATE House e08 ton 08188 mcmast a conAms i
eonemon l
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January 31, 1990 Mr. Jerry Griepentrog Director, Department of Human Resources j
l-505 East King Street Room 600 Carson City,-WV 89710 Dear Mr. Griepentrog Massachusetts submits the enclosed material to clarify and supplement the 1990 milestone certification sabeitted on December 22,'1989.
This information is sent in response to questions and concerns raised during the meeting with the Low-Level Radioactive Waste Management Board's executive director, Carol halck, in San 1
Francisco.on Thursday, January 25, 1990.
TM s certification information is a reconfirmation of our intent tv. manage low-level radioactive waste within our state boundaries, i
Massachusetts can and will satisfy the storage, treatment and disposal needs of the over-400 radioactive materiale licensess in our state, and this work has begun.
In 1947, I signed into law M.G.L. c.1115, the Low-Level Radioactive Waste Management o
Act.
This law required me to appoint a Management Board to be L
responsible for all LLW issues in the Commonwealth.
L The Management Board assumed responsibility in 1988.
Its authority and responsibilities are described in Appendix 3 of the December 22, 1989 certification document.
The timetables established and the actions being completed ender the law coincide with the Nilestone deadlines of the Federal Low-Level Radioactive Waste Policy Act.
Pursuant to Chapter 111N, it is the. policy of this administration that a facility will be available for waste from Massachusetts before January, 1996.
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- THE COMMONWEALTH OPM ASSACHUSETTS l
EXECUTWE DEPARTMENT I
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January 31, 1990 f
Mr. W11 Alan F. Newberry U.S.' Department of Energy Low-Level Wasta Program Manager Division of Weste Treatment Projects (NE-24) office of Nuclear Energy Washington, DC 20545
Dear Mr. Newberry:
Massachusetts submits the enclosed material tonclarify and i
L supplement the 1990 milestone certification submitted on i
December 22, 1989.
This information is sent in response to questions and concerns raised during the meeting with the Low-Level Radioactive Waste Management Board's executive director, Carol haiok, in San i
Francisco on Thursday, January 25, 1990.
This certification information is a reconfirmation of our intent to manage low-level radioactive waste within our state boundaries.
Massachusetts can and will satisfy the storage, treatment and disposal needs of.the over-400 talloactive materials licensees in our state, and this work has begun.
In 1987, I signed into law M.G.L. c.111n, the Low-Level Radioactive Weste Management
&ct.. This law required me to appoint.a Management Woerd te be responsible for all LLM issues in the Commonwealth.
The Management Board assumed responsibility in 1988.
Its authority and' responsibilities are described in Appendix 5 of the December 22, 1989 certification document.
The timetables establishes and the actions being completed under the law coincide witt. the Milestone deadlines.of the Federal Low-Level Radioactive Weste Policy Act.
Pursuant-to Chapter 1115, it is the policy of this administration that a facility will be available for waste from Massachusetts before January, 1996 e
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THE COMMONWEALTH OPM ASSACHUSETTS
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January 31, 1990
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Ms. Elaine Carlin Low-Level Waste Management Program f;
Department of Ecology j
L Mail Stop PV-11 1
Olympia, W4 98504 t
osar Ms. Carlin Massachusetts submits the enclosed material to clarify and supplement the 1990 milestone certification submitted-on December 22, 1989.
This information is sent in response to questions and concerns raised during the meeting with the Low-Level Radioactive Wasts Management Board's executive director, Carol haick, in San l
Francisco on Thursday, January 25, 1990.
This certification information is a reconfirmation of our intent I
to manage low-level radioactive waste.within our state f
H boundaries.
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Massachusetts can and will satisfy the storer;e, treatment and
[
disposal needs of the over-400 radioactive r4Atarials' licensees in our state, and this work has begun.
In 1987, I signed into l
law M.G.L. c.1115, the Low-Level.Radiosotive Waste Management not.
This law required me to appoint a Management Board to be l
responsible for all LLW issues in the Commonwealth.
The Managemeae soard' assumed responsibility in 1988.
Its authority and responsibilities are described in Appendix 5 of the December 22, 1989 certification document.
The timetables established and the actions being completed under the law coincide with the Milestone deadlines of the Federal Low-Level Radioactive Waste Policy Act.
Pursuant to Chapter 1115, it is the policy of'this administration that a facility will be available for waste from Massachusetts before January, 1996.
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THE COMMONWEALTH OF M ASSACHUSETTS EXECUWVE DEPARTMENT -
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January 31, 1990 Mr._Howard Shealy i
Chief, Bureau of Radiological Control l
Department of Health and Environmental Control l
2600 Bull' Street 4
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Columbia, SC 29211 E
Dear Mr. Shealy:
L Massachusetts submits the enclosed material to clarify and supplement the 1990 milestone certification submitted on oscomber 22, 1989.
This information is sent in response to questions and concerns raised during the meeting with the Low-Level Radioactive Maste Management Board's executive director, Carol Amick, in San Francisco on Thursday, January 25, 1990.
This-certification information is a reconfirmation of our intent to manage low-level radioactive waste within our state boundaries.
L Massachu'setts can and will satisfy the storage, treatment and
' disposal needs of the over-400 radioactive materials licensees in our stat.e, and this work has begun.
In 1987, I signed into law M.G.L. c.1118, the Low-Level Radioactive Naste Management l
Act.
This law required me to appoint a Management Boare to be responsible.for all LLW issues in the Commonwealth.
p The Management Board assumed responsibility in 1988.
Its k
authority and responsibilities are described in Appendix B of p
the December 22, 1989 certification document.
The timetables established and the actions being completed under the law coincide with the Milestone deadlines of the Federal Low-Level Radioactive Waste Policy Act.
Fursuant to Chapter 1115, it 18 the policy of this administration that a facility will be available for waste from Massachusetts before January, 1996.
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Governor's Certification Letter January 31, 1990 page 2
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For the interim period 1993-1995, wh6n access to the esirting
- Lt.w-disposal sites in Wevada, sou:h Caroite.a and Washington will have ended, Massachusetts is taking the following actions:
(A) Requiring on-site storage for all wastep t
l and, only if necessary (a) satablishing an interim centralised storage facility for certain small generators, to avoid triggering the emergency access provisions of federal law.
I submit this additional certification infeteation, with the L
enclosed attachments, under the provisions of subpart (11) of L
section 5(e)(1)(c) of the Federal Low-Level Radioactive Waste L
Policy Amendments het of 1985.
L I certify that the State of Massachusetts will be capable of providing for, and will provide for, the storage, disposal or 1
management of any. low-level radioactive waste generated within the state and requiring disposal after December 31, 1992 The i
accompanying material provides additional information on the actions which are being taken to ensure that such capacity e 1sts in' Massachusetts.
All-these actions are within existing e
1 authorities.
f you ve further questions about this Messachusetts certific ti
, please address them to Car'o1 C. Amick, Raecutive i
Di ctor w-Level Radioactive Waste Management Board, c/o 8
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, Ro 373,.Soston, MA 0213.'l or (617) 727-2040.
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l Governor's certification Letter -- supplement January 31, 1990 Page 3 projection of Wasta Volumes, Class and Generator Types for 1993-1995 volumes, cleagification Massachusetts volume of LLW shipped for disposal to the three i
existing sites has dropped significantly, from 300,000 cubic feet in 1981 to 49,399 through November, 1989.
Class A waste comprised 95 percent of all waste produced in 1989, and is estimated to total over 99 percent of all waste in 1990.
Based upon results of a generator survey condected by the Management Board in November, 1989, estimates of waste generation by Volume and Class between 1993 and 1995 are as follows:
1199.1 1111
.ll.11 class A 39,753 37,014 35.244 class B 396 423 453 e
class C 27 111 252 Otherl 584 Gil
_ 641 Total 40, 760 34,160 36,590 l
These figures are estimates.
The actual volumes generated by each licensee will be required to be stored on-site during the 1993-1995 period.
Hists waste Nossachusetts is one of the few states which has an UPA-authorised program to regulate mixed waste.
The Department of trvironmental Protection's regulations, as well as the low-level radioactive waste management law, subject mixed waste
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to strict hasardous waste management standards.
Mixed waste
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comprised about 5,000 cubic feet of the total 1989 LLW generated.
Survey estimates indicate that mixed waste production will remain relatively constant through the mid 1990s.
1The category "Other* refers to wastes that are not shipped either directly or indirectly to a disposal facility an3 that do not fall into NRC classes A, B, C because they do not satisfy the minimal requirements of 10 CFR 61.55 and 61.56.
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Governor's Certification Letter -- Supplement January 31, 1990 Page 4 Generator Tvoe In Massachusetts, 76 percent of the LLW comes from industrial, hospital and university generators.
This waste is produced as a result of the medical research, diagnostic and treatment activities _and the manufacturing operaticas which produce radiopharmaceuticals used in the field world-wide.
The remaining 24 percent of waste comes from commercial nuclear reactors.
The table below shows Massachusetts LLW by generator type for the years 1993 through 1995, based on survey results:
1111 112.1 Alli Health 10,280 9,770 9,490 l
Industrial /
commercial 17,190 15,150 13,660 Educational /
Research 4,550 4,660 4,830 Utilities 8,740 8,580 0.610 Total 40,760 38,160 36,590 The estimates of volumes by waste class and generator type for the 1993-1995 period are based upon current levels of LLW prrJuction and existing activities to reduce both source mau. rials and waste volumes.
Bowever, our LLW could drop even more, as it did between 1981 and 1990 when we moved from a ranking as the largest generator nationally to number 12.
The Management Board and the Department of Public Realth (DPM) is using the source and volume minimisation requirements of state law [M.G.L. c.ll1H es.12(b)(9) and 13] to require generators to reduce sources and volumes to the greatest extent feasible so that the least amount of waste possible will be subject to storage for decay during the 1993-1995 period.
Massachusetts Actions for 1993-1995 A.
On-site storace for Decay The Management Board will require all generators to store on-site during the 1993-1995 period prior to the availability of a permanent disposal facility in late 1995.
This decision was l
made on the basis of the results from the Board's movember, 1989 generator survey, which reported that 99 percent of the waste generated in Massachusetts is produced by 10 licensees.
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vm;,;;;nca; 3,m Governor's cer'tification Letter -- supplement i
January 31, 1990 Page 5
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The following actions will accomplish the on-site storage objective:
1.
Motice of Loss of Access i
Licensees were formally notified of the impending loss of access at a Management Board-sponsored meeting in October, 1989.
Subsequent notices will be issued through meetings and o
written communications on April I, 1990, September 1, 1990, and April 1, 1992.
The next meeting is scheduled for February.
2.
Mandatory Generator Reporting By October 1, 1990 and every six months thereafter, the 4
Management Board will require each generator to report progress in providing for required on-site capability, including any necessary license amendments.
3.
Verification of License Information end Conditions In order to verify licensees' ability to carry out these responsibilities, the Management Board, with the assistance of DPH, has initiated a program to review all licenses and conditions to operate.
This information will be used to confirm the reports submitted to the Management Board in 1989.
4.
Additional Communications The Management Board has established mechanisms to kee generators apprised of its activities and the generators' p responsibilities relating to the short-term 1993-1995 actions, and long-term facility development.
These includes e Continued direct contact established in November, 1989, through the Management Board generator survey, with the ledividual in each generating company or institution responsible for meeting the state's on-site storage requirements, b
e Newsletters to generators, environmentalists and other public interest organisations from the Management Board and from Nelrad, the generators' association.
e The Management teard will provide techaloal assistance to generators working together to consolidate on-site storage.
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i Governor's Certification Letter -- Supplement January 31, 1990 Page 6 l
5.
Progress Reports of the Management Board Chapter 111N requires the Management Board to issue to the Governor an Annual Report of its activities.
That report, which will be forwarded to the three sited states, will summarise i
progress each generator has made relative to license L
modifications and expanding on-site storage space.
This portion of the Annual Report will be updated every six months.
L I
j 6.
Other Actions chapter 111H requires additional actions which are also being undertaken by the Management Board in connection with the short-term 1993-1995 plan.
The Board's deadlines for the completion of these activities are:
L e
source, volume minimization program (06/30/90) e Management Plan (06/30/90)
(
s.
Emereeney centralised_Storace Facility L
Based upon data collected from the generator survey and i
subsequent conversations with major generators, the Management l
Board has determined that 99 percent of Massachusetts waste can l
be stored on-site.
The measures outlined in 4, above, will ensure that those objectives will be achieved.
At the same time, the Management Board is working with licensees generating the remaining one percent of waste to ensure storage on-site.
This will be done through a combination of the 4
provisions in A,*above, and through the development of an emergency centralised storage facility.
The Management Board will complete the following actions to establish an emergency interim storage facility for certain small generators:
1.
Severe penalties to use emergency centralised storage faellity.
By hugust, 1, 1990 certain small generators will be advised that the state is considering an emergency interim storage facility, to be avellable to generators facing acute capacity shortages.
A severe emergency storage surcharge will be assessed for the storage services.
2.
By January 1, 1991, determine need for emergency interim storage facility.
odesas seide E RI DocxET mo0M No.525 Peis
- r e y
i Governor's Certification Letter -- supplement January 31, 1990 Page 7 3.
By March 1, 1991, negotiate site at current licensed facility.
4
.By April 1, 1991, apply to NRC for materials license.
i 5.
By April 1,1991, approve waste aseeptance criteria, execute development contract.
6.
By June 30, 1992, negotiate operating contract, and in j
cooperation with DPR, establish monitoring program.
7.
By December 31, 1992, complete facilit;y preparations, set fees.
statutory Authority, verification The two state agencies responsible to the Governor to implement the 1993-1995 action plan are the Commonwealth's Low-Level Radioactive waste Management Board and the Department of Public l-Health, Radiation Control Program.
They are fully authorised l
under M.G.L. c.111R to institute on-site storage, to establish an interim storage facility, and to ensure necessary enforcement by taking the following actions:
l.
1.
Regulate on-site storage to ensure compliance by all l
generators pursuant to Emergency fitorage Plan lN.G.L. c.1115, ss.12(b)(10) and 38(b) -- Management Board) 2.
Require source minimisation and v'olume reduction to reduce the volume and curies of waste to the maulmum extent feasible.
(M.G.L. c.111R, s.13 -- DFB and s.12(b)(9) 1 L
Hanagement Board) l l
3.
Issue notices of violation and orders directing generators to take corrective actions if a determination is made that radioactive waste threatens the public's health, safety or the environment.
(M.G.L. c.1113, s.8 -- DPN) 4.
Assess civil penalties up to $100,000 per violation.
[M.G.L. c.1115, s.8 -- DPR) 5.
Request the Attorney General to bring a criminal action in superior court to ' restrain, prevent or en;loin' any prohibited conduct, or to
- compel action
- to comply with orders of the department.
(M.G.L. c.1113, s.4 -- DFu]
6.
Monitor and inspect all licensees at any reasonable time to ensure compliance with the Low-Level Radioactive Waste Management Act, regulations, and orders.
(M.G.L. collin, s.7 --
DPH and Management Board) 7.
Establish criteria for soceptance of waste at emergency interim storage facility.
[N.G.L. cc1113, s.38(b).-- Nanagement soard)
j Governor's certification Letter -- supplement l
January 31, 1990 j
Page 8 l
8.
Purchase or lease site for emergency interia storage facility (M.G.L. c.111H, s.23(g) -- Management Board) 9.
Execute emergency interin storage facility development l
contract.
[N.G.L. c.1115, e.29 -- Management Board) l
- 10. Negotiate operating contract.
[N.G.L. c.1115, s.33 --
Management Board)
- 11. Establish environmental monitoring prgram for emergency interia storage facility.
(M.G.L. c.1115, s.36 -- DFE) i continuing negotiations towards consolidation The Management Board will continue to pursue the possibility of i
contracting for waste disposal out-of-state oc regional compacting in order to consolidate the number of LLW facilities-under development.
Nowever, the Board's communications with other states and compact regions will have no dilatory effect on its activities to establish on-site storage and, if necessary, an emergency interia storage facility, for the 1993-1995 period.
l Resource 411oostion The Governor will support funding necessary to ensure the continued efforts toward management of low-level radioactive waste within Massachusetts state boundaries for both the interia period of 1993-1995 and the long-term.
The Governor's FY91 capital budget establishes priority of the low-level waste program, with an authorisation of $3.75 million in FY91.
Legislation to permit generator fees is being prepared for the 1990 session by legal counsel to the Management Board.
This particular supplemental document addresses the interia period of 1993-1995.
At the same time, the Management Board will continue their responsibilities toward management and disposal of low-level radioactive waste from Massachusetts fully described in the certification submission dated December 22,
)
1989.
(See Table 11) l l
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'THE COMMONWEALTH Olr M AOOACHUCETTO 1.ow-tsyst m AoioacTava wAevs M AN AS sM sNT Bo ARD statswoues neen sa sesven esise Ts?.sede MecMAsk S.OwnAnis i
sovsewee Jown A. Maven Je Sommary of state / compact c e a***
cano6c. Ame; responses regarding their ability assum.
ec, to accept Massachusetts' waske l
- 1. New Jersey
Response
As a member of the Northeast LLW Commission, NJ will be developing a facility to dispose of its own waste.
Referred the letter to the Northeast Interstate LLW Cossaission.
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- 2. Connecticut Regg Lees As a member of the Northeast LLW Commission, Eonnecticut will be developing a facility to dispose of its own waste.
As a member of this compact, neither CT nor its generators can independently consider any proposals to enter into agreement with Massachusetts, or its' generators, to dispose of LLw.
NA may petition the compact to be declared eligible for membership.
- 3. Northeast Interstate LLW Commission l
gesponse:
There is no legal impediment to NA joining the Northeast Compact as a party atate or for'.the Compact to enter into a contractus1 arrangement with MA.
The Commission decided in March, 1987 to defer such requests until the Ceapact's management plans have evolved fvither.
In the meantime, the commission wishes to maintain o ayen dialogue with M4.
- 4. Arisona t
l
Response
Referred MA to CA, the host state of the Southwest Compact.
(The host state has jurisdiction to approve NA request.)
states that the southwest Compact Commission will not be functional until mid-1990s.
- 5. California Resoonse:
There le no legal impediment to M4. joining the southwest compact as a party state or for the Compact to enter into a contractual arrangement with NA.
It is too soon to discuss contracting for waste disposal as a Commission will not be appointed until mid-1990.
CA would be interesked in discussing a reciprocal arrangement whereby Mk would accept mixed waste and CA would accept all other LLW.
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Summary of Responses page 2
- 4. Northwest Interstate compact on LLW mesponses-the policy of WA is to accept only waste generated within the Northwest Compact beginning 01/01/93.
The Compact rather than the site operator is empowered to enter inte contractual arrangements.
NA is neither eligible to enter into the C g act nor does it meet the criteria to contract for waste disposal with the Compact.
(4 contracting state must have at least one border contiguous with at least one party state of the Compact.)
- 7. Southeast Compact Commission
Response
The authority to grant access to the Eglonal 3
facility rests with the host state and the Commission.
The commissica-would not currently entertain a proposal from NA, or any other state.
NA may apply to become a party state but to be eligible it must agree to serve as the host to the neat regional facility in 1993.
- 8. appalachian Compact Responses No out-of-compact waste can be tooepted by the regionalfacilityunlesstheCompactcommissionhasentereginto l
- a reciprocal contingency agreement for emergency disposal i
Three month permits must be issued to each generator that is granted access.
Lengthier permits aunt be approved by the Ph General Assembly or the Governor.
N4 is not eligible to become a party state and if the law were amended,to permit NA to become a party state, the law requires that any party state which generates more than 25% of the activity or volume of ph for three consecutive years must immediately initiate development of a regional disposal facility.
- 9. Central Midwest Interstate LLN Commission
Response
The Commission, not the facility operator, has the authority to enter into contractual arrangements.
Bowever, the arrangement would be subject to the approval of the General Assembly of IL.
The commission's policy is to prohibit access to the regional facility for out-of-compact waste.
NA is not eligible to besees a party state and the Commission does not
(
recommend amenflug the law to allow any additional party J
states.
(A copy of the Central Midwest Interstate LLW Commission's Management Plan is available at the NA Board's office.)
- tmergency dispsal is defined as a temporary shutdown of the regional facillty which is anticipated to estand beyond the storage capacity of the generator and additional storage would cause a threat to the public health and safety or the environment.
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3 Summary of Responses' Page 3 l
- 10. Rocky Mountain t&W Doard The Board has the authority to approve the Resoonse:
Importation of waste.
However, the facility operator would commonly contract for the disposal of such waste.
The Board would'be receptive to discussin the acceptanos of M4 waste through December 31, 1992.
(Th a acceptance tapuld not require reciprocal access.)
The Board is authorised to make states eligible to join the compact; however, if NA were to. join it would be required to host the regional facilit.y upon closure of l
the saatty facility.
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Ho response has been received frota Malpe (unsifiliated),
f Michigen (Midwest Compact), Nebraska (central compact), New York (unaffiliated), or Texas (unaffiliated).
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