ML20125B137
| ML20125B137 | |
| Person / Time | |
|---|---|
| Issue date: | 06/26/1979 |
| From: | Scarano R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Mcgrath E MCGRATH, E. J. |
| Shared Package | |
| ML19250A692 | List: |
| References | |
| REF-PROJ-M-25 NUDOCS 7910240269 | |
| Download: ML20125B137 (2) | |
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i JM 2 61973 WM IMSS Mill file IKHamill HJMiller RAScarano l
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REBrowning JBMartin j
f.r. Eduard J..ScCrath 51 P.onroe Street l
Rcckville, F.aryl and 20050
Dear Mr. McGrath:
1 l
Cn May 17,1970, the Cuamission met to make a deterninetion on the issue of the h
tining of the effectiveness of certain requircuents of the Uranium Mill Tailings ddGiation Control Act of 1978, upon Ubich you provided Concents.
The Ccumission voted to accept the staff interpretation, which it believes to be the oest legal
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interpretation of the Act. i'ecotnizing that the accepted interpretaticn does not confora to the intent of the principal author:, of the legislation as expressed in a letter to t.:e Comission dated April 26, 1979, the Commission is seeking j
clarifying legislation.
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The clarifying legislation will state expressly that the new requircuents that i
apply to Agreeme1t State regulation of tailings and milling operations will not take ef fect until three years after the date of enactnent of the I:ill Tailings Act; i
that the iaC will have no duplicative authority over tailings in Agrecraent States l
during the three-year period; and that the h!!C will have iumediate authority j
under the hill Tcilings Act to regulate tailirgs in non-Agreement States.
(Further, the legislative history uill provide that the I:RC should nahe every effort to assist Agreei cut States in applying the provisions of the Act to the uaximum extent practicable during the three-year interiu.) The proposed reuedial amendraents will l
also clarify the tiaing of Section 83 of the Atomic Energy Act, making it apply i
after hoveMber C,1981, to all licenses renewed, issued, or tennineted after that i
date.
I lutwithstanding the possibility of a change in the law, the Comission will follow what it believes to be the best local interpretation of the hill Tailings Act.
This interpretation concludes that the iew require >ents that apply to Agreement State regulation of tailings and milling operations will not take effect until three years of ter the date of enactment of the hill Tailings t.ct, and that during that
_three-year interiu, the fMC has concurrent jurisdiction ever tailings in Agreei. ant States.
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l The staff plans to issue a general license to own and possess tailings to uills already licer. sed uy Agrecuent States, or i:RC in non-Agreement States, in order to avoid e situation bhere operatcrs would be in tcennical violation of the law. This ceneral license would be subject to any necessary imC remedial action orders.
The authority to cun or possess tailings under the general license i.ould expire when the specific :ailling license expires or comes up for renewal.
h'est licenses and reneuals would requirc, in addition to regular Agreement, State licens-ing requirec.cnts, a specific lIC license for tailincs new licensable as ayproduct material under the Ate:aic Energy Act.
Such i,RC licenses would not be unlike tho:,e presently issued as source material licenses for uraniun willing in non 9.greement i
States.
Graft re,ulativns inple:::enting the Hill Tailings Act and rtablishing standarcs pursuant to the GEIS on Uranium hilling uill be issued for couinent do rtly.
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j Sincerely,
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f Original Sir,ned by Ross A. Scarano, Chief Uranica Recovery Licensing Oranch Division of Waste i:anager,!ent i
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