ML20055D280
| ML20055D280 | |
| Person / Time | |
|---|---|
| Issue date: | 05/10/1988 |
| From: | Nussbaumer D NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Doda R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| Shared Package | |
| ML20055D259 | List: |
| References | |
| FOIA-90-169 NUDOCS 9007060089 | |
| Download: ML20055D280 (10) | |
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UNITED 8TATES NUCLEAR REGULATORY COMMISSION WAaMileGTON,D c.30385 an as L
L MEMORANDUM FOR: Robert Doda p
State Agreements Officer E
Region IV FRON:
Donald A. Nussba Assistant Direc' A/46, C#mntd
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-State Agre rogram State, local a Indian Tribe Programs
SUBJECT:
NEBRA$KA DEPARTMENT OF HEALTH LOW-LEVEL WASTE REGULATIONS Per your request, we have reviewed the Nebraska Department of Health low-level waste disposal draft regulations. We have two major comunents which are as follows:
1.
The draft regulations are basically in Ifne with the Suggested State Regulations except for one major problem. Throughout the document in places were the word " disposal" should appear it has been deleted and the word " management" has been inserted.
We do not believe this 1s the way to handle the current situation in Nebraska where two different agencies are preparing to regulate low-level waste. This groblem needs to be resolved and l
changing the term " disposal" to management" is not going to L
solve Nebraska's problem.
L Moreover, we are uncertain what is exactly meant by the tenn
" management" since it was not included in the list of definitions in the regulations. Furthermore, we believe the term " disposal" should not be deleted from this regulation.
It is important that we keep.the terminology consistent throughout the nation.
D 2.
Section 012.30 on page 19, entitled " Alternative Requirements for l
Waste Classification and Characteristics," should be deleted. The.
waste classification system in Part 61 is a matter of compatibility for Agreement States and deviations should not be allowed.
As we discussed, you should meet with Nebraska officials regarding two State agencies regulating the same activity. Cardelia Maupin is available to participate in the meeting.
If you have any questions please contact me at 492-0326 or Ms. Cardelia Maupin at 492-0312.
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NE L 1025 AUTHOR:
McFarland TOF I C :
ENERCY SU3 TOPIC:
NUCLEAR ENERGY AND RADIOACTIVE SUBSTANCES
SUMMARY
Relates to low-level radioactive wastel withdraws Nebraska from the Central Interstate Low-Level Radioactive Waste Disposal Acts provides a duty for the Governor.
STATUS:
1/08/90 INTRODUCED.
NE;L 1135 AUTHOR:
Kristensen N
' TOP I C :
ENVIRONMENTAL PROTECTION ANP POLLUTION CONTROL SU3T3PIC:
HAZARDOUS AND TOXIC SUDSTANCES f
SUMMAPY:
Relating to low-level radioactive waste; to provide that radioactive material accepted for disposal at a facility does not become the property of the state.
STATUS:
1/16/90 INTRODUCEn.
L.
NE L 1145 AUTHOR:
Morrissey McFarland TOPIC:
ENERGY SU3 TOPIC:
NUCLEAR ENERGY AND RADIOACTIVE SUBSTANCES SUMM AR Y:
L Relates to radioactive wastes provides a rebuttable j
presumption concerning 11b111ty and re,sponsibility for
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tadioactive contamination.
STATUS:
1/16/90 INTRODUCED.
NE L 1150 AUTHOR:
Morrissey Dierks l
TOPIC:
POLITICS AND GOVERNMENT SUDTOPIC:
LOCAL GOVERNMFNT e
SUMM AR Y:
Relates to the Low-Level Radioactive Waste Disposal Acti l
requires certain health studies; provides additional powers l-for the local ~ monitoring c ommi t t e el restricts storage or disposal of certain federally flassified low-level radioactive wastel changes provisions relating to the conduct of the environmental impact analysis.
STATUS:
1/16/90 INTRODUCED.
1/16/90 INTRODUCED.
l NE L.1151 AUTHOR:
Morrissey Dierks
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Action Fles Note and Retum Approval For Clearance Por Corwerestion As Requested For Correction Pmpero Reph Circulate For Your Information See Me Comtrent Irwoottoste Signature Coordination Justih REMARKS
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NEBRASKA LOW-LEVEL WASTE PROGRAM REVIEW JUNE 27-JUNE 30, 1988
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LEGISLATION AN
===============D REGULATIONS
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On May 27, 1987, the Nebraska Low-Level Radioactive Waste Disposal Act was enacted..This act provided for the development of a commercial the regulation of this facility. low-level waste facility and the institu In addition, this act designated the Nebraska Department of Environmental Control (DEC) as the agency resp sible for developing a program for the regulation of a commercial low-level waste facility (CLLWF).
The Nebraska Radiation Control Act (revised August 30,1987) designated the Department.of Health (00H) as the agency responsible for the manag ment of low level waste.
The act defines management as handling, storage, reduction in volume, disposal or isolation except the commercial disposal.of low-level radioactive waste.
In terms of regulations, DEC has established low-level waste regulations in Title 194, which.were found to be compatible by NRC Region IV in by State Agreements Program in May 1988 and are t DEC's and 00H's regulations are both compatible with 10 CFR Part year.
61.
The only difference between the two regulations is that where the word " disposal"' appears in the OEC version Suggested State Regulations), the word " management". has been inse
" Operations at the land' disposal facility shall be conduc compliance with the standards for radiation protection in-00H's Title facility which shall be governed by 002 of this Chapter 194)."
in addition, it is important to note that in 1966 when NRC entered into Agreecent with Nebraska. 00H was designated as the agency responsible for the radiation control program for agreement materials.
A meeting on the low-level waste program was held on June Lincoln, Nebraska (attendees:
28,1988 in Maupin, NRC; and R. Doda, NRC).J. Ringenberg, DEC; H. Borchert, DOH; C. H.
authority for the regulation of LLW were discussed.During the meeting the Ifn a low-level waste facilityit was pointed out by DEC that if the Nebraska From the discussion Nebraska that such a facility would be considered aor if a site was funded by public low-level waste site and would be regulated by 00H.
facility is developed in conjunction with the Central InterstateWhereas, if a
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,(-pagQ Low level Radioactive waste compact and the cost of disposal will be borne by the generators of the waste, then the facility is considered a commercial low-level waste facility'and would be regulated by DEC.
In addition, during the June 28 s,eeting, it was stated by the DEC representative that DEC would be responsible for site selection, site construction and monitoring of air and water for the facility.
00H would regulate the handling, transportation, packaging and site operations for the disposal facility. DEC believes that this is clearly stated in their regulations in Section 004, as discussed above.
00H did not offer any comments or clarified any of the remarks given by DEC on 00H's role in the low-level waste regulatory program in Nebraska.
However, in other conversations with 00H, it was pointed out that the responsibilities of the low-level waste program should be invested within their department.
COMMENTS / RECOMMENDATIONSi Clear statutory authority does not exist at the present time for the regulation of radioactive waste disposal.
Based upon the Nebraska statutes, the Agreement between Nebraska and the NRC.
the regulations of DEC and DOH, and the June 28 meeting, we believe the authority for the regulation of low-level radioactive waste.is not-clearly defined and overlaps between the two agencies. We recommend that the State developed procedures-and memorano. to provide for clear under-standing of the divisions of responsibilities and the requirements for coordination.
This package delineating the responsibilities of the two agencies should be submitted to the NRC for review and comment.
ORGANIZATION RAR**AAAAAAAA A.
LOCATION WITHIN THE STATE ORGANIZATIONAL STRUCTURE The Nebraska Low-level Waste Division, DEC and the Division of Radiological Health. 00H are located comparably with other health and safety functions within the State Organization (Please see the enclosed organization charts).
The program directors of these two departments appear to have access to the appropriate levels of State management.
COMMENT / RECOMMENDATION: NO COMMENT.
B.
ADVISORY C0tHITTEE There are essential two advisory committees that will assist in the development of Nebraska's LLW program.
They are the Environmental Control Council and the Local Monitoring Committee. The Environmental Control Council consist of sixteen (16) members appointed by the Governor with the advice and consent of the Legislature. The council members are as follows: one representative of the food products manufacturing 4
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industry, one representative of' conservation agricultural processing industry, one represe,ntative of the chemicalone representati industry, one representative of heavy industry one representative of the power generating industry, one representative o,f agriculture actively engaged in crop production engineer experienced in con, trol of air and water pollution and solidone wastes, one physician knowledgeable in the health stoects of air, waster and land pollution, one representative from county g)vernment, two rural area, one representative of the livestock industry, and o representative of the public at large.
State statute to this committee includes the supervision of theOne of the duties disposal and management of low-level waste.adinistration of the Env The Local Monitoring Committee shall represent the citizens of the proposed site area and maintain communication with the. applicant and DEC to assure protection of public health and safet the air, land, and water resources of the area.y and the protection of This committee will consist of two members from any municipality whose zoning is within in which the facility is locatedfifteen (15) miles of the proposed facility; tw directors of the natural resource;s district in which the facility istwo m proposed; and three members appointed by the Governor who reside within fifty (50) miles of the pro sents environmental groups. posed facility, at least one of whom repre-COMMENT / RECOMMENDATION: NO COMMENT.
C.
CONTRACTUAL ASSISTANCE characterization and environmental sampling.Bechtel National
- In addition, they will be developing'a matrix which outlines the licensing and permitting of a LLRW facility and to identify agencies involved in the-process.
COMMENT /RECOMENDATION: NO Co MENT 0.
DELINEATION OF SITE DEVELOPERS AND REGULATOR The delineation between the site developers and the agency and/or agencies involved in the regulation of the LLRW facility is not clear at this time.
COMMENTS /REcomENDATION:In order to avoid potential conflicts of standards, the licensing, irkpection, and enforcement act regarding and the designing, building, and operation of the facility, it is important that these two different types of responsibilities not be assigned to the same agency.
recommendations:
Therefore, we sake the following
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1.
A clear delineation of responsibilities should be drawn between the agency involved in the development of the low-level waste facility and the agency responsible for the regulation of the site in Nebraska.
2.
The independence of the radiological licensing function should be defined such that no apparent conflict of interest exists between the siting and development activities for the. site, and the licensing, inspection, and enforcement activities relating 1
to the regulatory program for the site.
BUDGET ARRAAR The Nebraska low-level Radioactive Waste Division (LLWD), DEC anticipates receiving $568,000 in rebate money collected by the Department of Energy (DOE) from states who have not meet the milestones in accordance with the provisions of the Low-level Waste Policy Amendments Act of 1985.
In addition, LLWD will receive $250,000 as an application fee for the filing of a LLW facility application.
LLWD plans to use this money ($250,000) to fund health physics position in 00H for the low-level waste regulatory program.
COMMENT / RECOMMENDATION: It is not clear at this time how the OEC Low-Level Waste Division will be funded.
LICENSING PROCEDURES:
==anan===*=======*ama Nebraska plans to use an " umbrella license" approach for licensing their LLWD facility, which would be to allowed the varicus regulatory agencies who would license or permit portions of the application package to review those areas of the package falling within their regulatory purview and to make determinations on the package.
On April 29, 1988 a meeting was held with Bechtel, Nebraska DEC, Nebraska 00H, and Nebraska Department of Labor (00L) to discuss issues related to developing a plan for licensing and permitting a LLRW facility and to identify agencies involved in the process.
During this meeting, Bechtel in conjunction with the LLWD, DEC was assigned the responsibility of developing a matrix for a LLRW facility in Nebraska.
This matrix is to identify and clarify which state agency has lead, review, and approval responsibilities for actions associate with an application and the areas in which contractual assistance will be involved. In addition, it is to identify activities associated with site characterization, design,- permits, safety analysis, environmental report, and operation of the LLRW site and show the state agencies (and
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appropriate federal agencies) which may be involved in the process.
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ComENTS/RECOMENDATIONS: The matrix should be further developed into a complete licensing plan. _ This plan should address items such as staffing, budget month review comp,letion period requirement contained in the Low-Lev Wasta Policy Amendments Act of 1985.
In addition, this plan should identify who will manage the overall licensing plan to ensure deadlines are met and to ensure coordination with other State offices and contractural assistance.
The plan should be submitted to NRC for our review.
MANAGEMENT AND ADMINISTRATION RAARRRAR22RRRARRRARRAAARRR9AR A.
Emergency Response Plan:
The emergency response plan associated with the LLW site has not been fully feveloped at this time.
However, considerations for a plan are being discussed with the Nebraska Department of Civil Defense.
B. Laboratory Suppor'.: This area of concern is still under consideration.
COMMENTS / RECOMMENDATIONS: NO COMMENT PERSONNEL:
At present, there are only two people in the DEC Low-Level Waste-Division (LLRWD), Jay Ringenberg, LLRW Manager, a,nd Merrill,- Secretary (Please see the enclosed organization chart).
However, two other positions are to be filled in this division.
They are a Staff Assistant and a Civil Engineer. In regards to the DOH, Division of Radiological Health (ORH), the staffing level is presently,.9 FTE/100 licenses, which is slightly below the NRC recommended range of 1.0 to 1.5 FTE/ 100 licenses for materials.
In terms of legal assistance, it will be provided through DEC staff attorneys and any additional assistance may be obtained under contract or may be hired.
ComENTS/ REC 0mEH0ATIONS: The present staffing. levels of LLRWD and DRH are not adequate to handle a low-level waste facility according to Table 1 of NUREG-1274, " Review Process for a low-Level Radioactive Waste Disposal License Application Under Low-Level Radioactive Waste Policy Amendments Act."
Moreover, ORH does not meet the recommended staffin level for agreement materials program of 1.0 to 1.5 FTE/100 licenses.g Thus, Nebraska needs to review NUREG-1274 for consideration of staffing need and a staffing plan should be developed indicating which portions of the license review will be done through contractual assistance, permanent staff or interagency loan agreements.
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Document Name NEBRASKA LLW PROGRAN 1/ D Requestor's ID:
OP4 Author's Name:
MAUPIN Document Cosaments:-
JUNE 1988 REPORT ON NEBRASKA LLW PROGRAM REVIEW I
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