ML20055D409
| ML20055D409 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/1988 |
| From: | Nussbaumer D NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Lacker D TEXAS, STATE OF |
| Shared Package | |
| ML20055D365 | List:
|
| References | |
| FOIA-TUYL90-36 NUDOCS 9007060276 | |
| Download: ML20055D409 (1) | |
Text
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. SA R/F RDoda, w/ encl.s t j
D i r R/F KNSchneider, w/ enc 1.
TX (fc) w/ enc 1.
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SA/KNS Mr. David lacker, Chief WAR S 01930
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Bureau of Radiation Control Texas Department of Health i
1100 West 49th Street Austin, Texas 78756-3189
Dear Mr. Lacker:
This is in response to your letter of November 19, 1987 regarding NRC scope of technical assistance in the low-level radioactive waste area.
We have prepared a set of guidelines that describe how NRC staff will respond to technical assistance requests from States and compacts, involving either Agreement or non-Agreement States. A copy of this infonnation is attached.
We expect the Agreement States or States seeking low-level waste regulatory authority under a 274b agreement to establish a low-level waste regulatory progra.5 with the appropriate procedures and technical capability to regulate such an activity. We will continue to review L
legislation and regulations that affect the Agreement Program.
During our periodic review of Agreement State Programs, we plan to t
examine those Agreement States who are host States or anticipate l
becoming a host State for the adequacy of their regulations, procedures, i
staffing and technical capability.
NRC does not intend to conduct a complete review of a license application for a low-level radioactive waste disposal license from an Agreement State or duplicate the Agreement State's review.
We will assist in specific areas after the State has completed its review and forwarded its comments along with a statement of the areas for which the State requests technical assistance.
If you have any questions, please let me know.
Sincerely
.. Rosed by:.
- n. 5 DeRussbaug,er c,,
a Donald A. Nussbaumer 84 Assistant Director for
" 7' State Agreements Program h@
State, local and Indian Tribe Programs o80 t
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Enclosure:
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SA/KNS ALL AGREEMENT AND NON AGREEMENT STATES STATE LIAIS0N OFFICERS COMPACT DISTRIBUTION GUIDANCE ON TECHNICAL ASSISTANCE REQUESTS FROM STATES AND COMPACTS On January 22, 1986 NRC issued guidance to States and Compacts on the availability of NRC regulatory assistance and the nature of such assistance.
hRC intends to concentrate limited resources on regulatory related topics associated with disposal site selection, design, licensing and operation and not on developing disposal capacity or management activities. NRC's role is of a regulatory nature due to the nature of the Atomic Energy Act and it is not NRC's responsibility to support or give technical assistance for the development of disposal capacity, a matter which was assigned to DOE in the low-Level Radioactive Weste Policy Amendments Act.
We believe it is appropriate at this time to provide further infomation concerning the scope and extent of technical assistance which can be expected of NRC. Discussions with various State officials indicates that there is not a comon understanding regarding the extent l.
of our program.
L Enclosed for your information are internal NRC. guidelines agreed upon by State, Local and Indian Tribe Program a d the Division of Low-level Waste Management and Decomissioning. Although we have tried to cover i
all major areas, there may be types of technical assistance requests not specifically covered by the enclosed guidelines. Although the guidelines given in the enclosure are to be generally applied, exceptions can be made.
We expect the Agreement States or States seeking low-level waste regulatory authority under a 274b agreement to establish and maintain a reguistory program with the a>propriate legislation, regulation, prN edures and technical capalility to regulate such program. During our periodic reviews of Agreement State Programs, we plan to examine those Agreement States who are host States or anticipate becoming a host State for the adequacy of their legislation, regulations, procedures, staffing and technical capability.
1 NRC does not intend to review in its entirety an application for a low-level radioactive waste disposal license from an Agreement State or to duplicate an Agreement State's review. We will however assist on specific issues or problem areas after the State has completed its review and forwarded its comments along with a statement concerning the areas for which the State requests technical assistance.
s
' i All requests for technical assistance from Agreenent States should be referred to the NRC Regional State Agreement Representative for your i
State.
Non-Agreement States, LLW Compacts and unaffiliated States should refer all requests for technical assistance to either your NRC i
Regional State Agreement Officer or NRC Regional State Liaison Officer (RSLO).
1 We request that each State which intends to regulate a low level radioactive waste disposal facility review its program and inform us l
of the type, scope and timing of technical assistance requests which it intends to make to the NRC.
This information will allow us to plan our program and allocate resources as appropriate. If you have any Questions, please contact Kathleen Schneider or me.
?:1mf/(.
m onald A.
Nussbaumer Assistant Director for State Agreements Program State, local and Indian Tribe Programs
Enclosure:
A; stated t
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NRC STAFF GUIDELINES FOR RESPONDING TO F
TECWICAL A$$1$TANCE REQUESTS FROM AGREDIthT STATES NON-ASEDWIT STATES, LLW C3 FACTS AND UNAFFILIATED $TATES The following evidelines will be used in responding to technical assistance requests from Agreement States, non Agreement $tates, LLW compacts and i
unaffiliated States.
The guidelines cover requests from both Agreement and non-Agreement host states.
NRC intends to concentrate limited resources on regulatory topics associated with disposal site selection, design, construction, Ifeensing and operation.
WC's role is of a reyulatory nature due to the nature of the Atomic Energy Act and it is not NRC s responsibility to support er give technical afsistance for the development of disposal capacity, this function was assigned to DOE in the Low-Level Radioactive Waste N11cy Ameneents Act.
l M C, through $LITP7 has an active role in review of reement $ tate legislation, regulations'and programs under the 2746 rwesent with the States and will c9ntinue to perform these functions vi h assistance when necessary from LLW.**
Requests for technical assistance from Agreement States, non-Agreement States, LLW campacts and unaffiliated States, incInding those initially i
received by LLW, will be referred to SLITP for deters nation according to the following guidelines.
(This guideline does not preclude routine staff interactions, such as discussions on regulatory guidance or on technical or policyissues.) LLW will continue to provide pre licensing guidance to l
applicants and prospective applicants in non-Agreement States.
I.
Review of Agreement States' legislation for the siting, licensing, and operation of low-level weste d'sposal facilities under state regulations equivalent to Part $1.
a.
SLITP will perfore the review of the draft legislation using the suggested State Legislation. These reviews w'11 be coordinated with OGC.** Where $LITP detersines that consultation with LLW is indicated, the matter will be referred to LLW for their review and, comment.
b.
Referrels to LLW will include the following infonnation:
l 1.
Copy of the legislation being(s) viewed re 1
11.
Identification of the section being questioned; 111. Statement of the question (s) or problem (s) requiring i
l resolution for each section identified; and iv. Date by which a response is needed, c.
In those cases where conflicts result in schedules for LLWM review of questions or problems involving State legislation LL W will respondtoregoestsintheorderreceivedunlessadIfferent priority is indicated by $LITP.
- State, Local and Indian Tribe Programs.
- Low-Level Waste Management.
March 28.1988
- 0ffice of th_e General Counsel.
I
!!. Review of Agreement States regulations for the siting, Itcensing and c
operation of low level weste disposal facilities-i.e. state regulations equivalent to Part 61.
]
e.
The Regional State Agreements Representative will perfom the 1
initia review of the draft regulations using Part N and Part 0 of 1
the Suggested State Regulations and SAP Prece& re 8.7 for guidance.
Questions, problems er controversial previsions of the regulations will be referred to SLITP for resolution.
Where $LITP determines that consultation with LLW is indicated, the metter will be referred to LLW for their review and comment.
b.
Referrals to LLW will include the following infomstfon:
Copy of the regulations being(reviewed:
1.
11.
Identification of the section s) being 111. Statement of the question (s) or problemfvestioned's) requiring resolution for each section identified; and iv.
Data by which a response is needed.
In thos'e' cases where conflicts result in schedules for LLW review c.
of questions or problems involving State regulations. LLW will respond to requests in the order received unless a different priority is indicated by $LITP.
!!!. Review of host State selection criteria.
j a.
MC will decline to review such criteria.
Such criteria are considered outside the regulatory responsibilities of MC and involve decisions of the < ndividual compact comissions based on l
procedures and policies unique to each compact comission.
l
!Y.
Review of contractor bid proposals in response to compact consission or unaffiliated State requests for proposals te select contractors to perfore site selection or host State selection studies, to develop site l
or host State selection criteria, to establish design standards or specific designs of disposal facilities, to prep 6?e license applications or to operate disposal facilities.
a.
MC will decline to review such bid proposals.
Such proposals are con'sidered outside the replatory responsibilities of MC and enay place MC staff in a conr ict of interest situation if staff is
,later involved in the review of the contractor's proposal in connection with a licensing action being taken by MC.
V.
Review of site selection and disposal technology criteria, a.
MC will review such criteria to determine if they are consistent with Part 61. Because the siting or disposal technology criteria should reflect Part 61 requirements or Agreement State equivalent regulations MC's review would be directed at ensuring" fatal compatibility with the regulations and to identify any flows" in the criteria.
2
r b.
In the case of Agreement States, $LITP will ensure that the state mgvlatory agency has first coupleted its review of the criteria ans has femarded its comments based on the review to NRC along with a statement of the areas requiring technical assistance from the MC.
i c.
Referrals to LLW will include the following infomstfon 1.
Copy of the criteria being reviewed:-
l 11.
Identification of the section(s) being questioned; 111. Statement of the question (s) or prob 1m(s) requiring resolution for each section identified; and iv.
Date by which a response is needed, d.
In those cases where conflicts result in schedules for LLW review of questions or problems involving State criteria, LLW will respond to roovests in the order received unless a diffemnt priority is indicated by SLITP.
e.
In the. case of non Agreement States, where NRC has regulatory jurisdiction, such reviews would fall within LLift's program of providing pre licensine guidance to applicants or pmspective i
applicants.
Such applicants could include State LLW authorities, siting commissions, contractors or commercial fims.
In th 4/i cases. LLW would deal directly with the applicant er & <v,1ve applicant.
VI.
Technical assistance to Agreement States in the review of applications and environmental assessments for new or amendment of existing disposal facility licenses, s.
$LITP will ensure the State has completed its review of the application and has forwarded its comments based on its review to NRC along with a. statement of the areas for which the state requested technical assistance from the NRC.
NRC-does not intend to conduct a complete review of an appilcation or duplicate the Agreement State's review. Also, in no case will the LLlet staff respond directly to a request from en Agreepent State applicant for assistance. The applicant will be reformd to $LITP or the Agcoement State Agency for guidance and direction.
b.
LLW and SLITP will review those areas identified by the State for technical assistance using Part 61. MC puidance documents, and the licente appiteation and environmenta assessment Standard Review plans.
c.
LLW comments will be forwarded to SLITP for transmittal to the State.
i 3
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