ML20057D251
| ML20057D251 | |
| Person / Time | |
|---|---|
| Issue date: | 09/16/2019 |
| From: | John Lubinski Office of Nuclear Material Safety and Safeguards |
| To: | Carlson D Waste Control Specialists |
| Dembek S | |
| Shared Package | |
| ML20057D248 | List: |
| References | |
| Download: ML20057D251 (3) | |
Text
September 16, 2019 Mr. David Carlson President & Chief Operating Officer Waste Control Specialists LLC 17101 Preston Road, Suite #115 Dallas, TX 75248
SUBJECT:
WASTE CONTROL SPECIALISTS CONCERNS WITH REGULATORY ISSUE
SUMMARY
(RIS) 2016-11, REQUESTS TO DISPOSE OF VERY LOW-LEVEL RADIOACTIVE WASTE PURSUANT TO 10 CFR 20.2002
Dear Mr. Carlson:
I am responding to your July 17, 2019, letter, Waste Control Specialists Concerns with Regulatory Issue Summary (RIS) 2016-11, Requests to Dispose of Very Low-Level Radioactive Waste Pursuant to 10 CFR 20.2002 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML19206A452). In your letter, you stated that RIS 2016-11 and a subsequent 2018 U.S. Nuclear Regulatory Commission (NRC) enforcement action (EA-18-137) at the South Texas Project Nuclear Operating Companys (STPNOC) South Texas Project Units 1 and 2 have generated confusion among your utility customers. You indicated that this confusion has led to reluctance, among some utilities, to use certain Waste Control Specialists (WCS) facilities for very low-level waste disposal.
Your facilitys Resource Conservation and Recovery Act cell is covered under your Texas Commission on Environmental Quality license. It is regulated pursuant to the Atomic Energy Act of 1954, as amended, Texas Agreement with the NRC, and Texas Title 10 of the Code of Federal Regulations (10 CFR) Part 61 equivalent low-level waste disposal regulations.
Therefore, the transfer of low-level waste from a utility to WCS for disposal is permissible pursuant to 10 CFR 20.2001(a) as long as it meets the waste acceptance criteria and any other applicable requirements. The current issue to which your letter refers, regarding RIS 2016-11 and EA-18-137, concerns NRC licensees that propose to dispose of low-level radioactive waste in an unlicensed facility not subject to an Agreement States low-level waste disposal regulations. The September 6, 2019, meeting attended by you and other stakeholders regarding concerns raised with the guidance in RIS 2016-11, clarified that a two-step process is required for correct implementation of alternate disposal request reviews conducted in accordance with 10 CFR 20.2002. Unlike these 10 CFR 20.2002 processes, the process for disposal at your facility uses the regulations in 10 CFR 20.2001. Therefore, the NRC does not need to review and approve disposals at your facility that are done in accordance with the 10 CFR 20.2001 process.
Please feel free to share this letter with any of your utility customers with questions about to the permissible transfer of licensed material for disposal. If you have any questions, please contact Stephen Dembek at stephen.dembek@nrc.gov or 301-415-2342.
D. Carlson 2
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs ADAMS. The ADAMS is accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html.
Sincerely,
//RA//
John W. Lubinski, Director Office of Nuclear Material Safety and Safeguards
D. Carlson 3
SUBJECT:
WASTE CONTROL SPECIALISTS CONCERNS WITH REGULATORY ISSUE
SUMMARY
(RIS) 2016-11, REQUESTS TO DISPOSE OF VERY LOW-LEVEL RADIOACTIVE WASTE PURSUANT TO 10 CFR 20.2002 DATE: September 16, 2019 ADAMS Package Accession No.: ML19210B090
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DATE 9/9/19 7/26/19 7/29/19 7/29/19 9/9/19 OFFICE OGC Tech Editor NMSS NAME BHarris*NLO LMoorin JLubinski DATE 9/9/19 9/10/19 9/16/19 OFFICIAL RECORD COPY