ML20033G559
| ML20033G559 | |
| Person / Time | |
|---|---|
| Issue date: | 03/28/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Coleman R HOUSE OF REP. |
| Shared Package | |
| ML20033G560 | List: |
| References | |
| REF-WM-3 NUDOCS 9004100286 | |
| Download: ML20033G559 (7) | |
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UNITED STATES o
s NUCLEAR REGULATORY COMMISSION n
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I W ASHINGTON, D, C. 20665
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March 28, 1990 CHAIRMAN The Honorable Ronald D. Coleman United States House of Representatives Washington, D.C.
20515
Dear Congressman Coleman:
I am responding to your letter of January 8, 1990, concerning the selection by the state of Texas of a site in Hudspeth County for the disposal of low-level radioactive waste.
Although you raised a number of technical issues concerning the suitability of this site, the State of Texas has assumed the authority for licensing the disposal of low-level waste and therefore has the lead responsibility for evaluating the suitability of the site.
As you are aware, Texas is an Agreement State pursuant to Section 274 of the Atomic Energy Act of 1954.
By the terms of that Agreement, the Texas Department of Health, Bureau-of Radiation l
Control, has the authority, responsibility, and the resources to license and regulate the use of radioactive material in Texas, l
including the disposal of low-level radioactive waste.
We have referred your letter to Mr. David Lacker, Chief of the Bureau, for l
his information.
NRC conducts an annual evaluation of the State's capability to administer its responsibilities under the agreement.
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Based on our evaluations, the NRC is confident that the Bureau of Radiation Control will ensure that the disposal facility, if licensed, will adequately protect the public and the environment.
l In addition, the State can request NRC technical assistance in specific technical areas, such as you mentioned, if it decides l
that such assistance would benefit the State's regulatory program.
To date, however, Texas has not requested the NRC to provide an independent site evaluation.
With regard to the " Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Area" with Mexico, we have received no information that would indicate that the location of the proposed disposal facility at the Fort Hancock site in Hudspeth County is a violation of that Agreement.
The NRC agrees that the provisions of the Agreement calling for l
consultation and coordination on measures to prevent and control pollution in the border area should be observed with respect to any site within the border area.
Under Article 8 of the 9004100286 900328 h
PDR COMMS NRCC
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Agreement, the U. S. Environmental Protection Agency (EPA) is the national coordinator for the United States.
On September 21, 1987, a U.S. delegation led by the Department of State (DOS) and including EPA, NRC, the International Boundary and Water Commission, and the State of Texas met with Mexican officials to discuss the Fort Hancock site.
There were a number of subsequent meetings, but we are unaware of an opinion expressed at any of the meetings that the site would be in violation of the Agreement.
EPA or the DOS should be able to advise you further on the implementation of the terms of the Agreement.
For the foregoing reasons, the NRC does not intend to conduct an independent evaluation of the Fort Hancock site.
In response to your request, however, we will send an NRC representative as an observer to the public hearing on the site scheduled for later this spring.
I regret that the NRC cannot be more helpful i n addressing the concerns you have raised, and I hope this letter clarifies NRC's role in Agreement State matters, including the regulation of low-level waste disposal.
Sincerely, mb.
v Kenneth M. Carr cc:
Mr. David lacker, Chief Bureau of Radiation Control Texas Department of Health e
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