ML20043F263
| ML20043F263 | |
| Person / Time | |
|---|---|
| Issue date: | 01/05/1987 |
| From: | Doda R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Nussbaumer D NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20043F230 | List: |
| References | |
| FOIA-TUYL90-36 NUDOCS 9006140304 | |
| Download: ML20043F263 (4) | |
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NUCLEAR REGULATORY COMMIS$10N i7 l
REGION IV 611 RYAN PLAZA oRIVE. EUITE 1000
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,r ARLINGTON. TEXAS 70011 JAN 5 loci h
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MEMORANDUM FOR: Donald A. Nussbaumer. Assisi ant Director, State Agreements Program, Oifice of State regrams FROM:
Robert J. Doda, State and Governmental Affairs Staff
SUBJECT:
REPORT AND STAFF EVALUATION OF THE TEXAS RADIATION CONTRCL PROGRAM FOR THE PERIOD OF FEBRUARY 20, 1985 THOROUGH AUGUST 29, 1986 Attached is the subject report and staff evaluations.
As noted in the report, the staff believes that the Texas radiation control program is adequate to protect the public health and safety. However, an initial finding of compatibility was not possible because two regulatory amendments had not yet been adopted. The s' tate responded satisfactorily to this one significant Category I coment concerning the state's regulations, by adopting the regulations that were matters of compatibility on November 15, 1986. A finding of adecuacy and compatibility was then transmitted to the State on December 16, 1986.
The state is also addressing four minor coments and recommendations that were developed during the review.
Volume !! of this report on the Texas Uranium Mill Radiation Control Program was reviewed by NMSS staff members D. M. So11enberger and M. J. Seemann, with thesuggestionthatthismemohighlightthefollowingsubjectsforinclusion in the next regularly scheduled review of the Texas program: (1) Examine the financial tests used by Texas for the evaluation of performance bonds for uranium recovery licensees, (2) Af ter the next surety review by the state for the IEC Lamprecht facility, determine the state's conclusion regarding the adequacy of the surety instrument for this licensee, and (3) Review the state's implementation of ground water regulations and the involvement of the Texas Water Comission and the Railroad r ""ssion of Texas in this regulatory area.
Based on the results of this review eting, the staff recomends that the next program review meeting be conducted within 16 to 18 months.
t ert J.
oda State and Governmental Affairs Staff Attachmen :
As stated \\.s 9006140304 900423,
hT 36 PFI BM
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T.?:N OSURE 2 Technical Cere.ents and Recommendations on the Teran Radiation Lontrol Prerram for Uranium Mills I.
Licensing A.
Licensing Procedures (Caterory II indicator) 1.
Comment The program review disclosed that the Bureau had recently terminated three licenses for in situ uranium facilities:
- 1) Urex Santonio (Lic..No. 8-3141), 2) Mobil Nell (Lic.
No. 8-2600), anc 3) Mobil Brelum (Lic. No. 8-2485).
One facility had never operated, another had operated but had little production of uranium, and the last had operated and produced uranium. The Atomic Energy Act of 10$4, as amended by the Uranium Mill Tailings Radiation Control Act, provides that prior to the termination of any Agreceent State license for byproduct material as defined on section 11(e)2 of the Act or for any activity that results in the production of such material, the Commission shall have made a determination that all applicable standards and requirements pertaining to such material have been met. Since NRC had not supplied final procedures for completing this determination to the affected States, no such determinations were made for the above three licenses prior to termination. A conference call between the
.NRC's Uranium Recovery Field Office (URFO) and the Texas Bureau of Radiation Control was held during the review meeting on August 13, 1986.
It was agreed that the Bureau would send certain information to URF0 regarding each license termination.
This information was compiled and sent to URF0 by September 2, 1986.
Recommendation We recommend that the Bureau coordinate any future terminations of uranium mill licenses with URF0 so that the determination can be made that all applicable standards and requirements have been met.
Since these procedures are not fully in place. it is necessary that NRC and the State cooperate early in the license termination process.
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ConquisisTa~ilings Pon
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The Citizens for Oosinis the closed an'd decontaminated la ac.,
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Conquista Tallings Pond cordance with state and federal L'
("CCCTP") today announce auidelines. The 57.1 million their intention to seek both Bollar estimate of dean-up costs legislathe and judicial relief that b TDH's own admissica would prevent the Tenas Depart- "lii v tentathe" because of the ment of Health ("TDH") from lac i laformation on around-transferring Co:sco's license for water contaminat6on. TDH has their 250 acre uran 6um saill tail-no idea how much groundwater ings dump "near Falls Oty to the contamination has occurred F
so called Conoulsta Project because they have not required L.
Corporation (CPC)." CCCTP's Conoco to lastall monitori steering committee made the wells needed to assess decision to seek legislathe and water contaraination. Y TDH judicial relief after recei an has specifically prohibited issues official TDH order on M concerning airemdweier cca.
densing CCCTP's risht to a tamination and wets et dean up and fair hearing on the proposed from being raised in the hearing icones transfer.
on the propoesd traritfer.
The TDH order cape a history More importantly, the cost of
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f agency failure to regulate the clean up is likely to be tens of giant dump site la accordance snillions of dollars. This cost will with the law. TDH's actions be borne by the taxpayers if Con-threaten both the heahh of cur-oco transfers the konse to CPC rest and future Karnes Count >
and CPC lacks the financial residents as well as potentially assets needed to carry out the inillions of dollars in taxpayer clean up. Since CPC has no funds that may be required to assets, the transfer is clean up the site. Because TDH clearly to shift.the costs has refused to address CCCTP's of clean.up Conoco and on-legitimate concerns by shing to the taxpaving pubk.
thera a full and fair hearing on Thus _pH's approval of the T
the transfer of Conoco's konse, transfer arrangement represents CCCTP will carry their case to complete distenard for not only the legislature to the courts, to the health of Karnes County the media, and to the p'ublic. residents, but also for lisaited CCCTP, an maaneins an of 60 state resources. TDH's actions to 70 farmers, ranc%ers, and are doubly reprehensible in light other Karnes Count) residents of the current state budget crunch concemed about the threat to and must be stopped.
pubhc health, livestock, and the
) Since Conoco's license es.
's agricultural econorny red in September 1980 TDH by the continued operation allowed Conoco to amend f Conoco's "Conquista their expired license 11 times
" uranlura raill tailings without notif>
area citizens of p., opposes the transfer from the pro '
area r were to the which had intended license.
o inc.,te, to CPC which in-the si not notified, there was no oppor.
to keep the site open in-tunity for a public hearing on tk finitely as a commercial amendments to the expired pas radioactive maserials dumpsite. mit.
CCCTP was named a party to the (5) One of the amendments to the TDH administrathe hearing on espired permit allowed Rhone-the proposed transfer that was Poulenc to durnp hi,hly radioac-t comened in Falls City on Oc-toe and chemicall> hasardous tober21,1936. The hearing has waste at Conquhaa. This amend-been con tued until Apru 21 ment is clearly illegal.
1937.
Rhone.Poulenc is a giant i TDH's recent decinian prevents French chemical saanufacturer ICCCTP frasa raising questions that was taken oser by France's concerning air, ground, and sur-autalien sostrassent la 1982 and face w r contarainsalon at the is now wholet) owned by the Apru u ame. The decimon fur-French rner Drohibits CCCTp from sa...
government. Rhone.
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M a s ro m r.5 w c c.....
April The decision fur. French gover:Luneat. ' khsne.
ther TCTP ftosa Psulent imports -radi' tive whm. <T D H hasre. charnicals from France, ses.ames
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Conoce and CPC to poet thera at a facihty la $teoport,'
eurett to Tomas and then duseps 5 difteeant the sies wui be waste asreassa at N"
g es t
asate andYederal ns, tailings a
hoopp r.osctive thanngs and I..e De TDH decision to lignit the far mor manium.e or = -fm hea, d.
hasardous chessucal constitudes.
io ing saore than asr a acch m!nistrative " rubber stasap" is not found in mit taill only the most recent stamp 6e of
.TDH tiolated TDH's fmilure to address the mate law when appt legitianate oublic health concerns dumping of one Poulent of Karnes County residents wates u Conquina. The Rhone-at the %me tiene riskina Poulenc wantu we not uraniura while,iauy tens of saillion. oT min tailinas, aat should be potent taapa er dottats the.:.,ad be re-disposed ofat a property uteneed qu to clean up the site, now.lesel radioactise waste TDH's history of failing to disposal site and not la conoco's regulate the Conquista Project in open, unlined tailings paed.
accordance ykh the law includes Since Rhone Poulenc is by far the the followlif lar est waste disposer at Con-1 Conoco a license to operate a, the durnp site in Karnes (h)e facility empired in Septeraber nty is, in effect, an illegal t1930. By allowing Conoco to radioacthe waste durnp for the ue gratins on anged French goscrarnent.
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compl>ina with the federal Furthermore,TDit offleians do Uranium Mill Tallinas Radiation not asen know what other sorts Control Act of 1978 and the of materials are beira durnped at Temas Radiation Control Act of the Conquista site because trucks 1981. Thus nine and sin years dumping there are not sampluito after federal and state laws were determme the cornpWeion of passed to protect public health their waste streams. la iact many from uranium mall tallites, Con. trucks artise at the site in the oco, w6th TDH's blessing, has yet saiddle of the ni ht and dump 6
to comply with the law, their wastes without any supersi.
sion.
(2) Now TDH plans to approve Coseco's transfer of the site to (6) TDH officials have, through the "Conquista Project Corpora-the pars, ignored complaints tion." The name is la quaes from area r*=Mema concarains because CPC is not even a cm. air and water contaminatica goration. CPC's sole prornoter, from the site and further base Carl R.
Pipoly, has merely blamed thestock problems in the reeersed the Conquista Project area onin breeding and poor ran.
Corporation name with the c.hing practices.
Secretary of State, even though Ttds record of TDH downfalls he has been esendng turnself inlicensing and o.ersight of Coo-as the of an utstina oco's Conquista operations eines 1985. TDH of; threatens the health of current a were unaware that CPC and future Karnes County was not a corporation until last res6 dents as well as potentiauy week. Moreoser Mr. Pipely is a millicas of douars in taapaar fcemer Conoco lawyer with little funds. Since TcH has refused to if any thperience in radioacthe address the cmcorns of CCCTP waste raanagement. Mr. Pipoly members by ming them a fuh also used to sell Conoco land in and fair hearfag on the transfer CCCTP has Karnes County where he told a of Conoco's license ir case to the
's bunt that Conoco reached to carry the was the Conquista durnp, legidature, to the courts, to the
's untruthfulness, lack media, and to the pub. lic.
of
,and ties to Conoco COPRACTS: Forrest Balser,'
demonstrate that he is un.
CCCTP Steering Committee Co.
to ate the site while Chair, Fans City, 512-154-338't; clear
's motive to Henry and KeDr. Austin. Tenas, the ista site to a attorneys for CCCTP.
to avoid the 2 479 8125,l(Ask for Stuart or Bd Bunch: Carl R.
of up the Con-site.
Pi
, CPC, San Antonio, 18181*'rDHNewt Millen, in al-la the proposed transfer
$1 has required Conoco and torney'7431; Patrick Duffy.
Aust to poet a $7.1 milhon dollar
$12 458-to guarantee that the site is Rhone Poulenc, Freeport, Teams.
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