ML20044A624

Agrees W/Recipient Concerns Re Preemption of Authority on Low Level Waste,In Response to 900426 Request for Review of State of CT Low Level Waste Regulations.General Concerns Should Be Pointed Out to State of CT Officials

ML20044A624
Person / Time
Issue date:	06/27/1990
From:	Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Miller V NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
References
REF-WM-3 NUDOCS 9006290301
Download: ML20044A624 (4)

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MEMORANDUM TOR:

Vandy L. Miller, Assistant Director for State Agreements program State Programs, GpA FROM:

paul H. Lohaus, Chief Operations Branch Division of low-Level Weste Management and Decommissioning, HMSS

SUBJECT:

CONNECTICUT LOW LEVEL WASTE MANAGEMENT in res ponse to your April 26, 1990, request to me to review Connecticut Low-level Waste Regulations, the LLWM staff offers the following for your consideration.

The LLWM staff agrees with your concerns regarding preemption of authority regarding low level waste.

Further, it was unclear to us in reading the Connecticut regulations, as to their intended purpose and scope. Clearly, the State has.the responsibility and authority for regulating the disposal of naturally occuring and accelerator produced radioactive material (NARM).

Equally clearly, NRC, in the absence of Agreement State status, has the authority and responsibility for regulating the disposal of low-level waste.

The Conr.ccticut regulations seem to iuply some State regulatory authority over source, byproduct, and special nuclear material that, pursuant to the Atomic Energy Act, is regulated by either NRC or a duly authorized Agreement State.

While our limited review did not indicate any direct contradictions with NRC low-level waste regulations (except for the differences in definitions pointed out in your memorandum to me), the Connecticut regulations do imply a regulatory role and approval process currently reserved for NRC.

In some cases this may only impose a redundancy.

In other cases for example waste form and classification requirements (Section 22a-163f(a)-S(e)), the regulations suggest regulatory authority that would conflict with that of NRC.

Your concern regarding the use of the NRC classification system for NARM material is particularly germane if one assumes co-disposal of NARM and NRC regulated LLW. The Cornecticut regulation seems to imply such co-disposal.

Connecticut has the authority to adopt any criteria that it chooses for disposal of NARM material without NRC oversight.

However, to the extent that jI such disposal may impact the performance of an NRC regulated disposal facility, LLWM staff would have to evaluate such impacts to ensure they would not affect the ability of the facility to meet the performance objectives.

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l JS/V.l11LLER/6/7 2-t It is our view that these general concerns, as well as the specific concerns regarding inconsistency in definitions alluded to in your neniorandum, should be pointed out to Connecticut officials responsibic for the protnulgation of the rcgulations.

Thank you for the opportunity to consnent on these regulations.

(SIGNED) PAULH,LOHAUS l

Paul H. Lohaus, Chief Operations Branch i

Division of Low. Level Weste fianagement and Deconsnissioning, i:HSS t

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It is ouhview that these general concerns, as well as the specific concerns regarding i.nconsistency in definitions alluded to in your memorandum should be pointed outito Connecticut officials responsible for the promulgation of the

. regulations.4 Thank you for the opportunity to conment on these regulations.

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Distribution: (LLWM90-096)

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