ML20012B473
| ML20012B473 | |
| Person / Time | |
|---|---|
| Issue date: | 03/13/1990 |
| From: | Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML20012B472 | List: |
| References | |
| REF-WM-3 NUDOCS 9003150033 | |
| Download: ML20012B473 (3) | |
Text
.
[7590-01]
U.S. NUCLEAR REGULATORY COMMISSION Low-Level R6dioactive Waste Policy Amendments Act of 1985 (P.L.99-240) l January 1,1990 Milestone for Governors' Certifications
[
i E
AGENCY:
Nuclear Regulatory Connission (NRC)
ACTION:
Publication of Governor's Certification and Related Correspondence DATES:
Current f
SUMMARY
- Notice is hereby given of the receipt of a Governor's Certification for the Commonwealth of Puerto Rico; supplementary information to the
. Governor's Certification for the Commonwealth of Massachusetts; and a submittal from the State of Vermont concerning the States's status for the 9003150033 900313 g,=su e
i
.i
- [
I
[7590-01)
)
)
)
I 1990 milestone.
These docunents were received and processed by NRC subsequent 3
to the publication of 31 Governors' Certifications in the February 13, 1990 Federal Register.
Section 5(e)(1)(E) of the Low-Level Radioactive Waste Policy Anenonents Act of 1985 (LLRWPAA or Pub. L.99-240) requires NRC to publish these documents.
Concurrently, NRC has dispatched copies of the documents to Congress.
NRC provided the Departnant of Energy (00E) and sited states with copies of the docunents in oroer to conduct their reviews as required by the LLRWPAA. These l
actions fulfill NRC's statutory obligations under the Act, t
FOR FURTHER INFORMATION CONTACT: Larry W. Camper, Operations Branch, Division
[
of Low-Level Waste Managenent and Deconsnissioning Of fice of Nuclear Material i-i Safety and Safeguards, U. S. Nuclear Regulatory Comission Washington, D.C.20555, Telephone (301)492-0579.
SUPPLEMENTARY INFORMATION: Complete supplementary information was set forth 4
in the february 13, 1990, Federal Register Notice, " Low-Level Radioactive Waste Policy Amendments Act of 1985 (Pub.L.99-240); January 1, 1990 Milestone for Governors' Certifications."
1 L
u l."
l, ',
I
[7590-01]
l The text of the 3 cocuments is published below.
The complete text of all certifications including any appendices or supporting it.fermation are available for public inspection in the Public Document Room, U. S. Nuclear Regulatory Consnission, 2120 L Street, N.W., Washington, D.C. 20036.
i Dated at Rockville, Maryland, this 13th day of March 1990..
FOR THE NUCLEAR REGULATOR COMMISSION j
Paul H. Lohaus, C ief Operations Branch Division of Low-Level Waste Management and Decommissioning l
Offics of Nuclear Material Safety-and Safeguards l
1 l
-i~..
- - ~
L.
estac THE COMMONWEALTH OF M ASSACHUSETTS y
g p
FEB 131990 )[
EXECUTIVE DEPARTMENT
- t. TAIL LYTicN j*
(
C00KET CLIRK
'll U_s'jd
~ WCH AE1. $. DUKAKIS N
..s covt.wom January 31, 1990 Mr. Robert M. Bernero Director Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555 Dear Mr. Bernero Massachusetts submits the enclosed material to clarify and supplement the 1990 milestone certification submitted ori December 22, 1989.
This information is sent in response to questions and concerns raised during the meeting with the Low-Level Radioactive Waste Managemont 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.
Massachusetts can and will satisfy the storage, treatment and disposal needs of the over-400 radioactive materials licensees
-in our state, and this work has begun.
In 1987, I signed into-law M.G.L. c.lllH, the Low-Level Radioactive Waste Management Act.
This lcw 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 Appendix B 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 111H, it is the policy of this administration that a facility will be available for waste from Massachusetts before January, 1996.
p.
hl4-maam &-
M 1 XA --
Governor's Certification Letter January 31, 1990 Page 2 For the interim period 1993-1995, when access to the existing l
LLW disposal sites in Nevada, South Carolina and Washington will
[
have ended, Massachusetts is taking the following actions:
(A) Requiring on-site storage for all wastet and, only if necessary (B) Establishing an interim centralized i
storage facility for certain small generators, to avoid triggering the emergency access provisions of federal law.
I submit this additional certification information, with the enclosed attachments, under the provisions of subpart (11) of Section 5(e)(1)(c) of the Federal Low-Level Radioactive Waste Policy Amendments Act of 1985.
I certify 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.
The accompanying material provides additional information on the actions which are being taken to ensure that such capacity exists in Massachusetts.
All these actions are within existing e
1 authorities, f you h4ve further questions about this Massachusetts ce r ti f i'calti
, please address them to Carol C. Amick, Executive Di ctor w-Level Radioactive Waste Management Board, c/o S
e Roo 373, Boston, MA 02133 or (617) 727-2040,
/
i nce
,f 9
l l
Mi e
S. D k
/
G rnor losure MSD CCA:smh O
l Governor's Certification Letter -- Supplement January 31, 1990 Page 3 Projection of Waste Volumes, Cicas and Generator Types for 1993-1995 volumes, Classificction Massachusetts volume of LLW shipped for disposal to the three i
3xisting 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 la 1989, and-is estimated to total over 99 percent of all waste in i
1990.-
Based upon results of a generator survey conop'ted by the Management Board in November, 1989, estimates if waste generation by Volume and Class between 1993 and 1995 are as follows:
1993 1994 1995 Class A 39,753 37,014 35,244 Class B J96 423 453 l
l Class C 27 111 252 Otherl 584 612 641 l
Total 40, 760 38,160 36,590 l
l These figures are estimates.
The actual volumes generated by L
each licensee will be required to be stored on-site during the 1993-1995 period.
Mixed Waste l
Massachusetts is one of the few states which has an l
EPA-authorized program to regulate mixed waste.
The Department I
of Environmental Protection's regulations, as well as the low-level radioactive waste management law, subject mixed waste to strict hazardous waste management standards.
Mixed waste 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 and that do not fall into N?.C classes A, B, C because they do not satisfy the' minimal requirements of 10 CFR 61.55 and 61.56.
l 4
6 l
Governor's Certification Letter -- Supplement January 31, 1990 Page 4 Gen _erator Type 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 operations which produce i
radiopharmaceuticals used in the field world-wide.
The remaining 24 percent of waste comes from commercial nuclear rea: tors.
The table below shows Massachusetts LLW by generator type for the years 1993 through 1995, based on survey results:
1993 1994 1995 Health 10,180 9,770 9,490 Industrial /
Commercial 17,190 15,150 13,660 4
Educational /
Research 4,550 4,660 4,830 Utilities 8,740 8,580 8,610, Total 40,760 38,160 36,590 L
The estimates of volumes by waste class and generator type for L
the 1993-1995 period are based upon current levels of LLW prcduction and existing activities to reduce both source materials and waste volumes.
However, our LLW could drop even more, as it did between 1981 and 1990 when we moved from a l
ranking as the largest generator nationally to number 12.
The Management Board and the Department of Public Health (DPH) is l
using the source and volume minimization requirements of state law (M.G.L. c.111H ss.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 Storage 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 made on the basis of the results from the Board's November, 1989 generator survey, which reported that 99 percent of the waste generated in Massachusetts is produced by 10 licensees.
9 3
w c
- Governor's-.'Ortification Letter -- Supplement January 31, i990 Page 5 The following actions will accomplish the on-site storage objective:
1.
Notice of Loss of Access 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 written communications on April 1, 1990, September 1, 1990, and
{
April 1, 1992.
The next meeting is scheduled for February.
f 2.
Mandatory Generator Reporting k
By October 1, 1990,and every six months thereafter, the 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 and 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 tnd conditions to operate.
This information will be used to confirm the reports submitted to the Management Board in 1989.
4.
Additional Communications l-The Management' Board has established mechanisms to keep generators apprised of its activities and the generators' 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 sutvey, with the individual in each generating company or institution responsible for meeting the state's on-site
-storage requirements, e Newsletters to generators, environmentalists and other public interest organizations from the Management Board and from Nelrad, the generators' association.
e The Msnagement Board will provide technical assistance to generators working together to consolidate on-site storage.
O
,- [,"$4% Y } "
I
=
j Governor's Certification Letter -- Supplement January-31, 1990 Page 6 5.
Progress Reports of the Management Board Chapter li1H 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 summarize progress each generator has made relative to license modifications and expanding on-site storage space.
This portion of the Annual Report will be updated every six months.
6.
Other Actions Chapter lllH requires additional actions which are also being undertaken by the Management Board in connection with the i
short-term 1993-1995 plan.
The Board's deadlines for the i
completion of these activities are:
e source, volume minimization program (06/30/90) e.
Management Plan (06/30/90)
B.-
Emergency Centralized Storage Facility Based upon data collected from the generator survey and subsequent conversations with major generators, the Management Board has determined that 99 percent of Massachusetts waste can be stored on-site.
The measures outlined in A, 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 provisions in A, above, and through the development of an emergency centralized 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 centralized storage facility.
By August, 1, 1990,-certain small. generators-will be advised
.that the state is considering an emergency interim storage facility, to be available to generators facing acute capacity-shortages.
A severe emergency storage surcharge will be o
assessed for the storage services.
2.
By January 1, 1991, determine need for emergency interim storage facility.
e.
' Governor's Certification Letter -- Supplement January'31, 1990 Page 7 1
3.
By March 1, 1991, negotiate site at current licensed i
facility.
4.
By April 1, 1991, apply to NRC for materials license.
5.
By April 1, 1991, approve waste acceptance criteria, execute development contract.
6.
By June 30, 1992, negotiate operating contract, and in cooperation with DPH. establish monitoring program.
7.
By December 31, 1992, complete facility 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 Health, Radiation Control Program.
They are fully authorized Lunder M.G.L.
c.lllH to institute on-site' storage, to establish an-interim storage facility, and to ensure necessary enforcement-by taking the following actions:
1.
Regulate on-site storage to ensure compliance by all generators pursuant to Emergency Storage Plan [M.G.L. c lllH, y
ss.12(b)(10) and 38(b) -- Management Board]
l 2.
Require source minimization and volume reduction to reduce the: Volume and curies of waste to the maximum extent i
feasible.
[M.G.L. c lllH, s.13 - - DPH and. s.12 ( b ) ( 9 )
Management Board]
l
.3.
Issue notices of violation and orders directing generators =to take corrective actions if a determination _is made thst.redioactive waste threatens the public's health, safety or the environment.
[M.G.L. c.lllH, s.8 -- DPH]
L l.
4.
Assess civil penalties up to $100,000 per violation.
L
[M.G.L. c.lllH, s.8 -- DPH]
Vl, 5.
Request'the Attorney General to bring a criminal action in superior court to " restrain, prevent or enjoin" any prohibited conduct, or to " compel action" to comply with orders of'the department.
[M.G.L. c.lllH, s.8 -- DPH]
6.
Monitor and inspect all licensees at any reasonable time to ensure compliance'with the Low-Level ~ Radioactive Waste Management Act, regulations, acA orders.
[M.G.L. c.lllH, s.7 --
DPH and Management Board]
L f7.
Establish criteria for acceptance of waste at emergency
-interim storage facility.-
[M.G.L. c lllH, s.38(b).-- Management Board)
~n l
Governor's Certification Letter -- Supplement January 31, 1990 Page 8 8.
Purchase or lease site for emergency interim storage facility (M.G.L. c.lllH, s.23(g) -- Management Board) 9.
Execute emergency interim storage facility development contract.
[M.G.L. c lllH, s.28 -- Management Board]
- 10. Negotiate operating contract.
(M.G.L. colllH, s.33 --
Management Board]
- 11. Establish environmental monitoring program for emergency interim storage facility.
[M.G.L. c.lllH, s.36 -- DPH]
Continuing negotiations towards consolidation The Management Board will continue to pursue the possibility of contracting for wasto disposal out-of-state or regional compacting in order to consolidate the number of LLW facilities under development.
However, 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 interim storage facility, for the 1993-1995. period.
Resource Allocation 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 interim period of 1993-1995 and-the long-term.
The Governor's FY91-Capital budget establishes priority of.the low-level waste program, with an authorization of $3.75 million in FY91.
Legislation to permit generator fees is being prepared for the 1990 session by legal counsel to the Management Board.
This'particular supplemental document addresses the interim period of 1993-1995.
At the same time, the Management Board will-continue their responsibilities toward management and disposal of low-level radioactive waste from Massachusetts fully described in'the certification submission dated December 22, 1989.
(See Table 11)
O
p
[
IQQ lw.,
C C'M M O N W E A L. f M Or'PUEDTO RICO FE805.1990 t,
- orries or TMs sovrRNOR w
SAN JUAN PUERTO RICO 00901 I
a iO j
e s
January 29, 1990 I
+
Mr. Kenneth Carr 1
Chairman
. Nuclear Regulatory Commission Washington,-DC 20555 c
COMMONWEALTH OF PUERTO RICO CERTIFICATION
+
Dear Mr.-Carr:
.In compliance.with Section 5 (d)(1)(c) of.' the Low Level > Radioactive Waste Policy Amendments - Act of 1985 we hereby. submit our certification that the Commonwealth of Puerto Rico will provide for the safe storage, disposal
.and ' management withinLits-territory.of-low level radioactive ' waste. generated As:
has been
-previously stated in our past communications, Puerto Rico is not a significant_ generator-of' low ~ level = radioactive waste.
Recent' surveys conducted by the Environmental! Quality Board -(EQB) -have shown: that
almost no'lr,w levelyradioactive'wasteLis generated-in our
jurisdiction.> Our only sources for this type of waste are university laboratories and health care' institutions.
The low level radioact
. short halflives, s$ve waste generated by these are of very rendered' harmless ; by the delay ando ' they are currently-being-istgred to b decay method.
After
' delay and' decay the.resulting waste.can be disposed of as J
.any other non hazardous solid' waste.
't.
Another_important fact is that there are no nuclear-energy: power plants or any nuclear reactors in Puerto 1Rico," nor do we have plans to' establish such facilities in our island.
Our energ ouroelectrical' energy y needs are satisfied; adequately by power plants and be. addressed.by improving on this~ system. future demand: can
$UY
~
I;
.1l ~
/
4 4
-Mr. Konneth Carr page 2 The Environmental Quality Board was commissioned by-us to explore the posibility of Puerto Rico becoming a compact member through an interstate compact agreement.
Waste. Authority andEQB attended meetings with the Texas Low Level Ra the South. East Compact Commission and gathered very. valuable information which led to our decision that there is no actual need for the Commonwealth to develop a low level radioactive waste disposal site or becoming a compact. member.
There is no cost effective reason to do so, considering that we are such a small generator of extremely low level radioactive waste.
What we forsee is that before the December 31, 1993
- milestone established by the Low Level Radioactive Waste Policy Amendments Act of 1985, the Commonwealth of Fuerto Rico will be pursuing the contracting alternative which seems to be the most reasonable and cost effective alternative, according to 'our present circustances.
We will be contacting different compact regions to negotiate with them the' terms and conditions of.
contract alternatives.
Mr. -
Santos
- Rohena, Chairman of the Environmental Quality' Board is the appointed Commonwealth liaison with the United States Nuclear Regulatory Commission.
Should you have any doubt regarding this matter do not hesitate to. call him at (809) 767-8056.
Sincerely, Anton
. Colora Act t
D w
n.
unsacas. Auwm -
d s..ee6:emoo fe FEB 0 61993 4
STATE OF VERMONT OFFICE OF THE GOVERNOR fi 199 $7 ATE STp5ET -
MONTPELith. VERMONT OS408 tocal ese sssa January 31, 1990
-Robert M. Bernero:
Director, Office: of Nuclear Material Safety and Safeguards United States Nuclear Regulatory Commission Washington :DC 20555
Dear Mr. Barnero:
This' letter' is: to confirm that - the State of. Vermont has not submitted 'a - certification with. regards to storage, disposal and management of-low-level radioactive waste'at.this time.-
'The = Vermont-legislature -'is currently considering two pieces of
-legislation that will help bring the state into compliance with the
- Low-Level-Radioactive Wasta Policy Amendments of 1985.
If passed,
'the first bill will allow: Vermont.to have a' contract for disposal-
-of low-level waste with the Rocky Mountain Low-level Radjoactive Waste Board 'until - 1993. -
The second piece of legislation will establish.a mache' ism for Vermont : to ' handle the long term
- generation offlow-level waste.
in Sincerely yours, l=
Madeleine M. Kunin Governor' r,
a t
W cc:. 'Phillip-Paul.
Agency.of Natural Resources ww,a 2
1
- 7 v vp MYYI
..f
/
{
l 0-