ML20126G215

Notifies That to Continue U Mills & Mill Tailings Regulation After Nov 1980,agreement States Must Enter Into Amended Agreement W/Nrc.Requests That State of or Submit Application for Amend by 810701.Model Amend Encl

ML20126G215
Person / Time
Issue date:	03/13/1981
From:	Hendrie J NRC COMMISSION (OCM)
To:	Atiyeh V OREGON, STATE OF
References
NUDOCS 8103261152
Download: ML20126G215 (41)

Text

6 g ElCg UNITED STATES 4

EI 3 v>

S NUCLEAR REGULATORY COMMISSION

%%;}f WASHINGTON.D.C 20555 Ng March 13, 1981 o

OFFICE OF THE e

g C

br t" "'MAgNq79O k 10 The Honorable Victor Atiyeh

%**,y,%*oer

~

Governor of Oregon Salem, Oregon 97310

• 3 ff

Dear Governor Atiyeh:

On July 1,1965, Oregon became an Agreement State under Section 274 of the Atomic Energy Act of 1954, as amended. Under the provisions of this Act, Oregon assumed, under agreement with the AEC (now NRC), certain regulatory authority over the use of reactor produced isotopes, the source materials uranium and thorium, and small quantities of special nuclear materials.

Under Section 274 of the Atomic Energy Act as amended by the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), Agreement States can continue to regulate uranium mills and mill tailings after November 8,1981, by entering into an amended agreement with the NRC.

In UMTRCA, the Congress also provided, for the first time, funds for grants to States to assist them in preparing their revised regulatory program. Oregon applied for and received a grant of $47,000 under that program, thereby indicating the State *2 interest in pursuing this addi-tional regulatory authority.

For some time, the NRC staff has been working with Mr. Lynn Frank, Director, Oregon Department of Energy, and his staff so that the amended agreement process may proceed smoothly.

The purpose of this letter is to acknowledge the efforts of Mr. Frank and his staff and to identify remaining actions whic.h Oregon must accomplish for a timely amended agreement.

To execute the amendment, the Commission must find not only that the State uranium milling regulatory program provides adequate protection of the public health and safety and is generally compatible with the Com-mission's program of regulation, but also that the State has adopted standards for the protection of the public health, safety and the environment from radiation hazards associated with uranium mill byproduct material, which are equivalent to, or more stringent than, those of the Commission.

As a result of information exchanged between the NRC and Oregon, in April,1980, we provided Mr. Frank with our initial assessment of the readiness of Oregon for :.n amended agreement to regulate uranium mills and tailings. Criteria for this purpose have been developed with Agree-ment State input and State comments were factored in when consistent with NRC rules and policies (Enclosure 1).

'10s280 5

a

-/02.

The Honorable Victor Atiyeh In a subsequent letter of July 22, 1980, to Mr.' Frank, Mr. Robert G. Ryan added a request for documentation of organizational relationships, personnel and measurement capability.

Further detailed' comments resulting from our review just completed are contained in Enclosure 2.

Because Oregon does not have an active mill nor an imminent likelihood of an application, we understand that staffing to handle mill licensing and regulation has been deferred.

We cannot, however, complete a finding regarding Oregon's readiness for an amendment to its agreement unless all criteria have been met, including those for staffing. We suggest, therefore, that Oregon continue to work to put into place the necessary framework and define its organizational relationships, staff requirements and procedures to meet the criteria.

In order that all parties can be aware of Oregon's intention to regulate mills and mill tailings in the event a mill is proposed in the State, we propose that if all criteria are met except for staffing the following statement replace the effective date statement at the end of the enclosed proposed model amendment (Enclosure 3):

This amendment to the Agreement shall become effective upon certification by the Governor to the Commission that the personnel meeting the specifications in the State's submis-sions dated have entered on duty with the State and upon a subsequent finding by the Commission that these personnel meet the criteria and that the State program continues to meet the criteria.

'We presume that the State will reliably know of forthcoming applications, will obtain the necessary staff and then request full implementation of the agreement.

While, in our opinion, Oregon has done much of the work necessary to the amendment, items outlined above need to be set forth.

It will be mutually helpful to receive a timetable as early as possible outlining Oregon's actions to resolve all issues.

In this timetable, we suggest a target date of July 1,1981 for formal submission by Oregon of the application for amendment.

e e

The Honorable Victor Atiyeh We will continue to work with your staff toward an amended agreement._ If you have any questions, please have your staff contact Mr. G. Wayne Kerr, Director of NRC's Office of State Programs (301-492-8170).

Sincerely,

,/Wh c jm J30sephM.Hendrie Chairman

Enclosures:

As stated cc:

Lynn Frank, Oregon, w/encls.

Don Godard, Oregon, w/encls.

Marshall Parrott, Oregon, w/encls.

fSd ~

Tsder:1 Rsgister / Vol 46. No. is / Friday January 03. 1981 / Notices '

~

National Advisory Committee on 5 gned a Washingte:. D.C th!: 16th day and t. mended by Pub.1. 95-6N

- Decupational Safety and Heattt:: Fut:

oNanuary184 appr:ved Neve=be L ivrs.These Oomm!rt e Meetmg and Sut>9roup Lula Binghair.

cnteria are intended to b6cate hcicts s

Meeting Assistan:Secresc/yof4cher.

whl=h the Commission intends to rrit ses, er,. mas n,m.aw mis !

censider in app:twing new c amended Noti:e is hereby given that the ac.ume cooc s w o-w apeements.Teey are not intended to Natonal Advisory Co==.ittee on h=!! Commission discretion in viewing D=upatienal Safety and Health in6v dua! areements er amendments.

l NACCSH) will meet on February 25-U.

NU0iEAR REGUl ATORY in accerdance with these statuto-v 19Et at the Fran:es Ferk. ins Department COMMISSION provisions, when an speement betwee:

1. abor Building. Roo= N4437. Third a State and the NRC is efia: tad. the 1

5treet and Consun: tic: Avenua.N.W.,

Criteria for Gu;canca of States and

- C==ission wiD discontnue its V.'eshingler D.C.The meetmFs w!!)

NRO in Discontinuance of NRO regdate y auienry wiiin that State oeg:n at D:00 a.c.. the publi:is invited to Re9ulatory Authortry and Assumption over one er more of the following i

attend.

Thereof by States Through Agreement materials: byproduct material as defined I

The National Advisory Comm!ttee Assuct U.S. Nudes: Regulato:y in Section ne(1) of the Act was estabushed under Section vta) of Commission.

(radioisotopes), byproduct material an I

.be 00:upational Safety and Health Act Acnoec Statement of Policy.

definedin Section11e(2)of the Act(mul sf 1970 (*9 U.S.C. 656) to advise the tauings or wastes), source material j

. Secreta.y of Labor and the Secretary of suuuAnn The Nuclear Regulatory (uranium and thorium), special nuclear s

-ise.!&, Education and Welfare on Cc= mission has revised its statement of mate-ial (u-a tivs 32, uranium :3$ and I

natters relating to the administration of. policy regarding criteria for guidance of plutonium)in quantties not su5cient to le Act.

States and NRC in discontinuance of fe.= a critical mass and permanent Wednesday. Febr"ary 25,1981 wal be NRC regulatory authority and disposal of low. level waste co.ntaining devoted to Subroup meetings. The assumption of regulatory authority by or.e or more of the materials stated kbpoups wul discuss:

States through agreement.This action is above but notincluding miU tallings necessary to make editonal changes to

2. An speement may be effected -

t Reprodu:Uve Hazad

. Safety and Health U!ects o!New Energy update the poli:y statement, to allow -

between a State and NRC: (1) upon States to enter mto speements for low

• certifl:ation by the Govemor that the

,gegegj,g, 3.1:Iermation Systems fe,r NIOSH/ OSHA level waste only, and ic inct.rporate the State has a propam for the control of Mority Setting.

provisions and requirements of the radiation hazards adequate to protect U anium MDI Tallings Ra6atica Control the public health and safety with respect agen h k M ju an,d *"'

Act of197L Adoption of this policy wiD to the materials within the State covered -

IOSH act iIes(3 ds:~ussioNirepeat

)

~

ereg$ ate des reled po apeemerts w

t. e o as n re a iolations and discussions of otner low level waste sites only. Additionally. responsibility for such materials: and (2) a fe an ea atters relating to those State,s that meet the criteria for after a imding by the Commission that s g an the regulation of uraniu= = ills and the State propam is in accordance with

, Nritten data or views con =ey.mg.

tauings =ay exercise regulatory the requirements of subsection o of

.ese agenda ite=s may be su.mitted i:

authority over these sour:es as provided section r4 and in all other respects ne Division of Consumer Affairs. Sum by the Uranium MiD Tallbgs Radiation ecmpatible with the Commission's jocuments wrach are received before Control Act of1970 as arnended.

propam for the regulation of such ne sr.heduled meeting cates. preferably The revi.ed statement cf p.alicy materials, and is adequate to protect the eith :0 cepies, will be presented to the refie:ts the foDowing prine: pal changes:

public health and safety with respect to

,ommittee and induded in tue official

1. Modification of Criterion r to the materials covered by the proposed emd of the progeedings.

the regulaton oflow level waste as a State have er.abling legislation allow a State to seek an apeement for speement. it is also necessary that the Anyone who wishes to make an oral eesentation snould notify the Division separate categoly'dditional critena for authorizing its Govemor to enter into f Consumer Affairs before the meeting

2. Inclusion o. a such an speemen*

'ete.The request should, include the States wishing to continue regulating 3.The original criteria were published i

. mount of ti:ne cesired, tne capacityin uranium and thorium processors and vhich the person will appear and a brief miu tallings after November t 19B1.

on March 24.19e1 (26 FR 2537) after discussions with various State oscials utline of the content of the

3. Editorial and clarifying changes t I

resentation. Oral presentations will be. make the statement current.

and other State representatives to de Nde ud eM 2 h cheduled at the c,iscretaan of the catts: This policy statement is effe:tave States and the AEC (now NRC)in hairman cf the Committee to the extent January 23.1981.

develeping a regulatory progam which

.nich time permits.

rom runTMen swromuation CONTACT; would be compatible with that of the For additional hie: nation conta:t John F.Kendig. Office of State Propams. NEC.The criteria were circulated nuen:e Page. Division of Censumer U.S. Nuclear ReFulato y Cc= mission, a=:n; States. Federal agencies labor Affairs. O:: pational Safety and

% asbngter DO555. tmpame: 3M-and indust y, and other interested.

2 @ $,.

Hecith Ad=.inistration. 3rd Street and g.oups for comment.

Su EMENTaRY 8N' "M ATI k:

Censtitution Avenue. N.W Rm.

4. The criteria require that the State 1.These criteria were devel4ed to authority consider the total accumulated N3035. Washington. D.C..,

0.

implement a propac, authorized by occupational radiation exposure of.

Telephone 200/5:3-6024.

Pub.1 86.-373 which was ena:ted in the - individuals. To facilitate such an Ofit:ial rec:rds of the meetings wiD fo:in of a new section to the Atomic appeach. It is the view of the NRC that i av Dable for publi:inspe: tion at the Energy Act (Se: tion U4) and approved an overall radiation protection propam

): vision of Consumer Affairs.

by the President on September :3,1959 is desirable.The maximum scope of

/YW

h T dt.ral R: gist;r / Vol. 46. Nc.15 / Friday. January 23.19s1 / Notices 7311 each State's radabon prote:uon exposure ofinbjuaI

..clu "- that seveys. and disposah of matedals; f )

propam is not, however, a necessary or f om son ces wea a c' te ated b.y keep reterds of the receipt and transfer apprepnate subie:t for covereFe in tne it.

c! tne matenals:(:) rrpen sipificet entena. wensequently. tee entena are

' Surve)Is Monitoring. Appropriate tn= dents invohang the matenah, as

~

silent on the quest on cf whether a State o{e1 mon!

unde.-

- es--'+ bed by the reFdatory authon01 surv should have a teta! regulatory propam g

Q ke available upon request of a e

P cove.ng all sources of ra6 acon.

competen pe e

ug m f:=er em.ployee a report of tne melu:mt tnese n:t subie:t to ee:trel by achieving,

Fi p

g

exposure to ra6auen: (e) at

.[ N# O'.^'. **

N$t~-

i d e be c p an i

en a tions.

n p1 ee e hifer ne ans al radation s

5.$ese r Esed c5.1).

p de for

6. Lcbels. Signs. Symbols. It ts exposure: and (f) info = es.h e=ployn ente"Ite category f matenals namely desirable to a nieve un!!c=!!y in in w-iting wnen the e=pl yee as separ ' into an a eement for a labels, signs ud sy=bols, and the received ra6ation exposure in excess c.,

low level waste matenalin permanent posting thereof. However. it is essential tne presenb,ed lentts.

disposal facihnes. They also provide that there be uniformity in labels, sips.

Ixempolons. Consistent with tne ov

1. Aodihone/ Requirements en new entens for States wishms to and s.vmbols afnxed to radiosenve continue reFulating uranium and thorium products which are transferred from c-itena here enumerated and to paocessing and the wastes resulting Person to penen.

a::ommodate special cases or therefrem under the previsions of the 7.1nstrue:lon. persons workbg in or Ura:uum MiU Tallings Radation Control inquenting restricted areas

• shat be circumstances, the State regulatory Act o!1975 (Pub. L 95-604) after instruded with nspe:t to the health authenty shall be authorized in,

indvidual cases to i= pose additional November E.1981. The revised criteria risks asso:iated with exposure to requirements to prciect health and also contain a number of edtenal radioactive matenals and in precautions safety, or to grant necessary exemptions changes such as changing AEC to NRC to tri"te exposure. Worken shad whien wW not jopardze head and where appropriate to confo= to present have the right to request regulate y safety.

practice and law.

L. Inquines about detaib of the authority inspections as per 10 CFR 19' criteria or cther aspects of the NRC se:uon 1G.16 and to be represented Prior Ercluction of Uses ofRadiocetive Feceral.3 tate Relatiens Prog am should dunng inspections as specified in ger,7fej, be addressed to the O!See of State secton 19.14 cf to CG 19.

L." PriorEvcluction ofNczerds an L Stomge. l.icensed radioactive ses. Excepuons. In the pnsen' state of Propams. U.S. Nuclea.: Replatory matenalin storate shat be secured knowledge, it is necessary in regulating Com=ission. Washington. D.C. :2 55.

agair.rt unauth:n=ed removal.

the possession and use ef byproduct.

Criteria 3

9. Wcate Dispos:1. The standards for sour:e and special nuclear matenat Objectives the disposal c! radoactive matenals that the State regulatory authenty into the air, water, and sewers. and regture the submi:sien ofinictmation L Prote:D A State re datory b a the s sh c

ance eak nd safe

{-

a{fd th e p'b of seror of people against matena) desinns to release or dispose of poss er p

,Qo neei e

'a6auon hazards' quantities in excess of the prescribe Red.cuen Protection Stenecid; '

lurJts shaU be required to obtain special. certam. exceptions and to contmuing

.. S: ndcrds. The State replatory permission frer: the appropdate napp aisal a regulatory authority.

expen[ece m, s knowledge anc the ato=m cerg inenase. Fnquently men an.y fWid

[orareg am shall adopt a set of standards 10. Actulaticns Governing S!:!pment shabrotection agamst radatier. which

.ofRodioc:tive Meterials. The State inceasingly in the fumre then may be.

ano apply to byproduct. source and shall to the extent of its juris6ction categories of matenals anc uses as to spemal nuclear materials in quantities not suHicient to form a c-itical mass.

promulgate replations applicable to the which then ts suficist knowledge to

3. Uniformityin Redicuan Standctds.

shipment of radonctive caterials, such permit possession and use with,out pner It is important to stnve for unifo=ity in regulatiora to be compatible with those

~

evaluauen of the hazards and tne technical definitions and terminology.

established by the U.S. Department of capability of the possessor and user.

parti:ularly as related to such things as Transportation end other agencies of the Tnen categones faU into two gaps units of measurecent and radiation United States whose Juns6: tion over those matena.s and uses which may be dese. Then shall be un!!ormity on interstate shipment of such matenals e mpletely exempt from regulato,ry maximum permissible doses and levels necessanly conunues. State regulations controls, and those matenals anc uses of n6ation and concentrations of regarding transportation of radioactive in which aanedons for misun an materials must be ce=patible with 10 maintained without pre-evaluation of ra6cactivity, as fixed by Part ::0 of the CTR Part pt the mvidual possession or use. In NRC rep!stions based on efficially

11. Records cadReports. The State authenzing naarch and cevelepment appreved r 6ation prote: tion pides, replatory propa= shall require that or other activities involving multiple

4. 7c:cl Occupeuenc1Redicuen holden anc usen of ra6oactive uns of radioactive matenals, where an Exposc/x. The aplatery authenry shall materials (a) =tintain records covering institution has people with extensive censider the total oc:upational radiation penonnel radation exposures, radiation training and expenence, tne S im u,m wen Ent uopied tr. February 19e2 regulatory authenty may wish to e

12s FK :ra Marr.t :( isei. and amenced u

• kesmesee m e meusany m aacce,io provide a means for authon=ng bread,

wbch to tottrobee by me bcensee for un pcepos, Nesec;be 1sts ts? rE iso 6L December L 1965).

x.nor eesemi r.r. nee =en a.aoe m lae ssee a of rs6abon prosecuot of indvduals trotr. expoem use of materials Without eva!Uating eacn nGect tu autoo-trv ef the U1 C se ncanon and ncoac.n naienah. Anmmd Specific use.

1ruspomeen ne o samauer.oartment of ans -ar.ah not cruce ary am usee as noioental

14. Evoluotion Criteric. In evalua ting chuee m NO.P.

%ssence sme rereabens ud Sute legaisuon parters, ahac$ e separate rooc er rooms e a a ApMa} b use rabacm mate.9ah.

wi; rn conteet u,.at entem nunoaict mdecual buace.s may be act apart u a m:ncied the replatory authonty shall determine,

an s.

the acequacy of the applicant's facilities

Fraieral Register / Vol. 45. No.15 / F.-icay. Innnary 03. '!9n / Notices 7M2 and safa*y equipment, his training and radioacttytty b the p opoeed use to be experience in this Leli Toe backpound 1

, expenence in tne use of tDe mate.nals evajusted and bspemeiTc:s requires and specific trainmg n! these persons Ier the purpose recuestei and hs competency to evaluate vanous willindi: ate to so:ne extent tnear '

prepond a'"-"iseauve conreis. States patential radiological hazams potential roie in the regulatory propam.'

snould dev: lop Tdcance nocuments fer asso:iated wi$ the many caes of These camees of cou:se.could be used use by beense apph: ants. this rM"-*

radic.'aenve s:stenal and inh initiaDy to evaluate and mapact thau i

stcad be consistent wid NRO bcensing er::entrations of ra6oacuve mate-ids apph:ations of radioactive. materials and replato y pides for vanous ir, ar and water conditions cf shiel6ng, wnich are consiocred rouune or more,

caterones of u:ensed a:mvines the makm; cf r:6aten ::ca.n=t=nents.

sta.ndar6 sed from the ra&suon safety II. humen lise. Tne use n! re 6cactve knowledge of radiation ins: tents-standpobt for exampla.inspe: tics of mate..z.ls and reisten c: c: = numans thet selecuon,use and caUbranco indust:ial geuges. small reseamh snall n.ot be per=med exnept by laboratory desip contar-intion propams, anc sapostic mescal propeny cualified persens lner=ahy concol other peneral prin:: pies and progams. As they Fain experien:e and h:ensed peysicans) possessing practices of ra6ation prote:ne and competence in the field trainees could prest.ribed mint =um. expenence in the use of management controls m assuring be used propessively to deal with the use of ra6oiaotopes or radiation.

adherence to safety procedures. In order more complex or Nt types of Inspect /as to evaluate some complex cases, the rn6ca tve material applications Itis State regulatory staf! may need to be destrable that auch trainees have 3

/

I U "#P#'###'7uency.The supplememed by consultants or other bachelor's depee or equivalent in the possession and use of radioactive State agem.ies with expertist in Feology, Malcal o life sciences and specific matenals shall be sub}ect to inspection hyi don *, water qualm

• raWdm.

caming in radiation protecton. b oy the regulato y authority and shall be and engineerms 6sciplines, ceter=uning the requirerzent for.

subget to the performance of tesa as To perform the functions involved in aca demic trammg of individuals it all of.

regtured by the replatcry author ry.

evaluation and inspection. It is desirable the foregoing cateFories proper Inspection and testmg is conducte. to that there be personnd educated and considerate: should be F ven to i

determine, and te ass,ist in obtai:ing.

trained in the physical and/orlife equivalent competency whid has been cempliance with regtuatory sciences,inclu6ng biology, chedstry, gamed by appropriate teder.al and repremmts.

physics and engineering, and that the radiation prote: tion experience.

it is recopued that radioactive Fregenry c!inspe: ton shaU be personnel have had tramig and materials and their uses are so raried related 6rt:tly to the amount s.nd lu. d expem e b ra6 anon protedon.Fm that the evaluation r.nd inspectica n

cf rnatenal and type of opersucn exampk. the persen who wC be tegens w-;1! require skills and h: cased and it shan be adequate to

,;33, g g gpg experience in the different 6s:iplines u'.un ce=plianza.

of evdunde and bspe:*Jo: of aU of de whi:h will not always reside in one

, u. Inspections Ccmpulserv.

snsU be unde.: ebliFaton bylaw!J:ensees various uses of byproduct. source and authenty should spedd nudear moedd wNd sgM f.erson.The regdato7. seen sAills eitner to au toe composite o FT.e ofg330,0:0.,sgetcys.su is of substantial tainbg and extensive edy fer routine fun:tions, but also for a en to in come to the repleto y body should have A,

in its e= ploy or at its commani not inspecuen. L!:ensees are enutled to be expehmte in 6e Md of ra6 stim advised of the results ofinspections and pmteeds. It is desirable itet su:n a emergency cases' te n t:e es to whether or not they are in pers= have a badelor's depee or Spetic/Nu: lect Meterial Source complianca.

equivalent in the physical or life Meteric/ cnd Tritium Enfor:ement scien:es and spe:i!\\c training radiation

n. Conditions Applicchie to Specici n.Enlctcement Fouession and use prottTion-Nu: lear M::eric!. Scur:e Mc:erial cnd of radioactive materials should be it is recopi:ed that there will also be 77f:fgf h'oth6g in 6e State's 2

a= enable to enforcemem through legal penons in the propa= perf =ing a regulatory propa= shat interfere with san:tions. and the replatc y authenty incre limited functon in evaluabon and the duties i= posed on the holder of the shan be equipped or assisted by 4 w.

inspection. Taase persons wit peric=

materials by the NRC. for example, the wie the necessary powers int prompt the day to-day wo x of the regdatory duty to repo-to the NRC en NRC enf o tement. Tnis rnay indude. as proFa= and deal with bod to:tne presr.ribed fer=s D) transfers of speda!

I situacons as weU as some whid will be nudear material, source materia.1 and i

appropriate, acministratte remeses loobr:g toward urcance of orders out cf the ertlinary.These persons tdtiu and (2) perio:lic im entory data.

requiring afErmative action or shodd havtr a bachelor's depee or

.1 Special Nu: lear Meteriel Defin ed.

surpension or revo:ation of the right to equh alent in the physical er life Special nuder-material. in quantities i

possess and use matenals and the scien:es, train 6;in bealth physics, and not suffident to fottn a critical mass, for impoun64 of meterials, the obtainig appicximately two years of actus! work preser.t ptrposes meant trarJum of m;un:uve rebel and the imposing of experience in the fic,id of ra6atien enrided in the isotepe U-35in cwi! cr :.=inal penalues.

prote: ten.

quaritities n: exceeding 350 Fams of The foregoing are considered centeined U-231: uraniu:r. 232 in Personn,

desirable qualifications ter tne staf* who quantities not ex:re64DD grems:

. Quclific

:icas ofilesulowry and wC be responsible ior the s tual plutoniu= in quantites not ex:eeding Inspe:non Fersonnel.Tne reFulato y performance of evalueben end 200 game: or any c mbinatien cf them apeney shall be staffed wii sufficient inspection b ac6 tion, the e will in a::ordance with the folicrmr g tramed personnel. pnet evduation of probably be tramees essemeted with the formula: Fe-end kind of special applications forlicenses or reFulatory program who wC have an nuclear materid. determine the ratio autnen:.skons and inspeedon of academi: bacxpound in the physical or between the cuentiry of that special i

br.ensees =ust be conducted by persons life sciences es web as va ymg amounts nudear meterial and the quanutv i

possessm; the trembs and expenence cf spe:!fic training in ra6etion spedfied above for the same kin'd of i

re) event to the type and level of prote: tion but litue or no a: ud work spe:ial nudear mate. rial. Tne sum of i

)

j e

Fedsrai Registzr / Vol. 46. No. 2b / Friday, January 03. '!sst / Notices 75 0 sy rabos fer aU of the kinds c!special the f Dowing quantities in ce=bination for the DOE at U.S. Government owned nuc# ear material m cembmacon sbodd would not exceed the li=!taden and are or contrelied sites:

not exceed t"(i.e unity).For ext =ple, within the femda, as follows:

b. Pnme contractersderforming research in. or development.

US (grans cor.tained U-225)

• 50 (grans Lt.222)

• 50 (gra:.s Pv) *, manufacture. storap. tesung. or transportation o!, atomic weapons or

1. 80 200 200 ce= pot.nts thereof:

c. Pras contracte s using or operati.g (This de!'.r.! tion is subject to change by ascentinuance of NRC regulatory nuclear t.ucten or other nuclear funce C:==.issior. ntie or rerdauer )

authority and the assu=puen of devices in a U.S. Government owned replatory authority by tne State may vehicle or vesseh and p** ~_.j,j, ",.. #"

reiste te any ene or =ose of the

d. Any other pnme contractor or

3. State practices for assunng the fair fotowing cate;ories of matenals within subconeactor of DOE or NRC when the and impartial acumnistratics of the State, as conte = plated by Public State and the NRC jointly determine (i) regulatery law, including provisien ic; Law th- ?3 and Public Law s5-604:

that, under the terms of the coneact or puolic participation whee appre;-inte,

a. Byproduct matenals as dehed in subcontract. there is adequate abould be incorporated in procedures section nep)of the Act.

assurance that the work thereunder can fon b, Byprocuet materials as dehed in be accomplished without undue risk to a.Formulat,en of rdes of general section nel:) of tne Act, the public health and safety and (i!) that applicabilityt

c. Source materiala, the exemption c! such coneactor or

b. Approving or denying applicatiens

d. Special nucleu materials in sukoneactor is audo6d by law.

for licenses or autner=ation to possess quantities not sufficient to form a and use radoactive materials, and critical mass.

Additional Criteria fer States Regulating c.Taking disciplinary actions against

e. Low level wastes in pe=anent Uranium or Thorium Processors and licensees.

disposal facilities, as defined by statute Wastes Resulting Therefrom After or Commission rules or regulatiens November a,iss2 Artcqements for Discontinuing A2C containing one or more of the caterial Statutes jurisdi: tion stated in a, c. and d above but not

4. Sicle Agency Designation. The indudng byproduct material as de ined

29. State statutes or duly promu! gated 8

State should indicste which agency or in Section ne(:) of the Actt replatiens should be enacted. if net esencies win have authority fer carrying but must relate to the whole cf such already in place to make clear State on tra prog a= and snould provide the category or categories and not to a pert authority to carry out the requirements er Public Law 9m Uranium Mill NRC with a summary of that legal of any catercry.*1fless than the f2ve authe-ity.There should be assurances categories are induded in anv TaDings Radiation Control Act epinst duplicate replatien and discontinuance of jurisdictio5.

(UMTRCA) as follows:

Licensing by State and local authorities, discontinuance of NRC repJatory a,.. Authority to regulate the tailings er and it may be desirable that there be a authenry and the assc=puen of wastes produced by the exeactier. or smsje or central re,gulatory authenty.

regulato y authority by the State of the concentration of uranium er thonum

.-. xisting AE Licenses cad otners may be accomplished fro = any ore processed pnmarily for its Pene,my Appheericas. In effecting the subsequently by an amendment or by a scurce 7.catnial content.

iscentu.2ance cf jeisdictien, la ter apee=ent.

b.That rm adequate surety (under appropriate arrangements wiu be made The agreement =sy incorporate bv tems established by replation) will be by NRC and the State to ensee that reference provisions of cSer dccus'ents, provided by the licensee to assee the there wt!! be no interference wi$ or incluing these criteria, and the co=pletion of allrequirements Interruptien of licensed activit es or the speement shd! be deemed to established by the (cite appropriate processing oflicense applicatens. by incorporate without spec!S reference State agency) for the decontamination.

reason of tee transfer.For example, ene the provisions of Pub. L B5.4 3 and Pub.

decommissioning. and reda=aten of approach might be that the State,in L g5-634 and the related provisions of sites, seuctures and equipment used in assuming junsdiction. codd recognize the Atomic Energy Act, conjunction with the generation or and continue in affect, for an Arrangements should be made for the disposal of such byproduct material, appropriate period of time under State reciprocal recognition of State licenses

c. Ifin the States' licensing and law, existing NRC licenses,induding and Federallicenses in connection with ' replation of byproduct renterial or of licenses for which timely applications out-cf.the-jurisdiction operations by a any activity which produces byproduct for renewal have been filed. except State or Federallicensee, materid, the State coDects funds from where good cause warrants the earlier t.. ARC cod Departrnent ofInc.77 the licensee or its surety for long. term reexamnation er te=ination of the Contmeters.The State should provide surveiDe.nce and maintenance of such k8 '*-

exemptions for NRC and DOE material, the total amount of the funds 28.. Relations Wid reder /

ceneactors which are substantially collected by the State shad be Corernment end Oder Stctes. There equivalent to the !cllowing exemptiens:

transferred to the U.S. if cusic,dy of the should be an interchange of Feoeral and a.. Pnme contractors pericrming work byproduct material and its disposal site State trJormation and assistance in s transferred to the Feoeral connection with the issuance of A sine wuc.b does not wah to eeeunu Government upon termination of the ref.daticas and licenses or persuaboc cf cruum and thean 3 rocessors and State license. (See 10 GR 15 %)If no a utbCr.nelions, inspection of licensees.

tryproduct ma tanal as cetimed tr. Secuan 11s it of default has occered and the repernar ofincidents and Violations, tne Atonut Lnergy Act as amended, after roovember rec}amatjon or ogget,gondeg acth'ity, gas a.cd enining and education problems.

a 1sn pmunt to PA. t. Ss 4N cay atur.

"**"'Y ** d ** ***"'"' W***"s wen Wn pdomdJuncs for de pu pose

.. Covercse. Amendments, Re !;mcity. An apeement providing for I

~

.l J

Federal Register / Vol. 43. Nc.15 / hiday.' lanuary ::3.1981 / Notices "T :

are not to be transferred te the Federal 31.11is preferable that Str.te stz.t::tes or Fede:al agen:ies in papering the i

Government.Tne funds colle: tad b the conta= the provisions of Se=ue:-6 of the e=vimum ntal assessmem shodd

+

5 tate shall be su!!i:wnt in ensure Model Act. But the fonow g tney be.

designate a lead speney forsupervising i

i c:mpliance with the reydations the steemphshed by adoption of either and coordinating pnparation of this I

Cemrnission estabhshes punuant to -

proceouns by reguletion ce te:hnical s:vtr:r. mental assessme=t. kis l

Se: Don it;X cf the Atomic Enegy A=t.

critena h.any casa authan;y far their scr= ally expesad that tha @*

d in the issuances of bcenses. ar.

i=ple=entation should be noequateiy.

control agency in Ag eement States wil!

c;pr rnm!ty fer written commenu.

supported by statute, regulation or case be the lead age :y Toe bash premise is pubh: hemang (Mth trans:ript) and law as determined by the State Attomey thet the lead agency is re==ad to c-oss examinabet is teced.

General.

p epare the e:ntr::= men:alananasme=t.

e. In the issuan:es of beenses. a In the licensing and replati:n of oms Utihnation of an appis: ant's.

wntten determination of the action to be ' processed pnmarily fertoeir source environmentalreponinlieu of alead

)

taken based upon evidence presented material content and for the disposal of ag::ney assessment of the proposed de:ng the pubb: comment period and byproduct material, procedures shan be project is not adequate o-appropriate.

which is subject to h,dicial nyiew is estabhsbed which provide a written However, the lead agency may prepare required.

analysis of the impact on the an environmental assessment based

f. A bac on major constractie: prior to environment of tne boensing activity.

upon an applicant's environmental ce=pletfon of the aforementioned This analyrie shan be avaliable to the report. Other credible information may-.

stipulations.

pubile before commencement of s be utilized by the Stete as long as su:n

s. An opportunity shall be provided nearings,and shallinclude

• information is verified and documented

a. An assesement of the radiological by the State.

for public participation through wnrien and nonradiohgical public health cMnen a lead agen:y is designsted.

comments, publi: bearings. and judi=ial

. that agency should coordinate review cf rules.

impacts;

b. An essessment of any impa:t on preparation of the statemem.Tr.e other -

30. In the enactment of any supportmg legislatier the State should take into any boc,y of water o,r g-oundwaten agencies involved should prmide -

c. Consideration of alternatives to the assistance with respect to their areas of ec:ount the rese vations of authority to licensed activities and junsdiction and expertise. Factors the U.S. In UhfTRCA es stated in 10 CFR

d. Consideration oflong. term i= pacts relevant in obtaining assistance from 150.15a and surnmanned by the of licensed activities (see item 3Sb.(1).

other agencies include the applicable fcliowing:

" ii4 nsblishment of mini =um Regulations statuto y authcrity,become i:volved.the time se which the agen:ies standards rovermns reclamatier_ long.

31. State regulations should be the magnitude of theirinvolvement.and ter:n surveillan:e or =cistenance, and nnewed for Mgulatoy mquirements, relative expertise with respect to the ownenhip of the byproduct material and where necessary incorporate pre;ect's environmental effects.

b. The determination that prier to the "I*I'** 7 ""8"*8'

• h d 'S '9"iV*I'*1 in order to bring an environmental I

terminatien of a license, the beensee has to tne extent practicabie er more

. assecsmem to a sansfutory ceclh c:mplied with de:entaminanon.

stringent than regulations and standards it is highly n -mended that anidual i

der.o=missioning and rec'amation adopted and enfor:ed by the scoping docu=ent be developed which

~

standards, and ownenhip requirements d by tie clearly delineates the area and sc:pe of for sites at which byproduct materialis

[.*g'hCnb o

,9 werk to be performed by each agency, present.

I within a given time ccnstraim.

c. Tot retsdrement that prior to termination oI any license for byprodu:t Om:nisc fonc]&elationships Within L For those areas in the emironmental assessment where the matena! as defsed in Section 11e.y:). of the States State cannot identL*y a State agency the Atomic Energy Act er for any.

should be established which wilj avaluate tne pmposal or pnpan an

33. Organizational relationships having sufficient expertise to adequately acuvity that resu!:s in the production of such material title to such byproduct provide foran e!!ect:ve regulato.y asseasment, the State should have materist and the dieposalsite be protoamin u aMum udls andmuj provisions for obtatning outside j

transferred to the Federal Government taihngs.

consulting senices. In those instances or State at the option of the State.

a. Charts shomd be developed which where non governmenatal consultants show the management organization and are utihzei procedures should be

)

provided such option is exercised pn.

er to termination of the license.

lines of authority.Tnis chart should established to avoid conflict o! interest 1

& Tne authority to require su:h deSne the specific lines af supervision consistent with State law and menitonng, zna!:tenance, and from program management within the ad=inistrative proceduras.

emergency measures after the license is radiation control group and any c.ther Medical consultants recognized for ter=inated as ne:essary to protect the department within the State responsible thdi expertise in emergency medical for cont-ibutmg to the regulation of matten, such as the Oak Rin,ge and public health and safety for those matenals and proper:y for wni:: the uranium processing and disposal of Henford Nauonal haboratones, relating State has assumec custody punuant to taumss. Wnen other State agencies or to the mtake or uranium and its Pub 1 9 N reginnal cifices are utuized. the hnes :f citegnetis tnereof associated with c.The authon:y to perndt use of the communication and administrative surf ace or subsurface estate. or both cf control between t:.e agencies and/or manium nW and rnnhag should be identified and available to the State for tne land transferred to the United States regions and the Program Dire =ter should acvice anc dire =1 assistanca.

e State pursuant under provision of the be cle@ drawn.

Ur:ruum Mill Ra6ation Taumps Control b.Those States that wn! utnize During the budget preparation, the State abould ahow for fundmg costs Act.

personnel from other State Departments incurred by the use of consultants. In

f. Tne authority to exempt land addition, consultants should be owne: ship transfer requiren.ents of 3i... nsiy,..,n.ne.e is.i. so.4,y p.n.e available for any emergencies whl h k:tien E3loM1);A).

be peo.e w pwhc mm.

i

...J.

d Fed:ral Regist;r / Vol 46. No.15 / Friday. January 03. 1982 / Notices W5 may c:er 'and fer wh2:h their expernse have additiona! training in UrarJu= MiB (b) Geolegs would be needed t=neintely.

Health Pcysics and Enytrenmentd

(:) hy=:togy and water qualits Assessments.

(d} Met *CfDICEY; I###"I

c. Personnelin apen ies cier than the (e) Eackpound radatto=

34. Persennel needed in the processi::g lead agen:y are induded in these total (f)Talhngs retention syste=y of tne license applicauen can be penen year numbe s. If oser agencies (g) biene stabilmatior_ renamation.

identified er pouoed a::ering to the are counted in these nc=bers tnen it an Site De:c=rdssioning Propa=:

fouowmg skihs:Ter.hnicah shaU be de=onstrated that these (h) Radclogical Don Assenment:

Ac==:stabve: and Support.

penennel wil] be avaUahle on a routine (t) Socce te =s L. An 1:ustrative personnel ere these and centinemg basts to a depee

(*) Exposee pathway,

pmens wee will p-ovide internal cialmed as ne: essa y te su::essbl!y (O Dese ec=mitment to m6,vicuals r.: ices. poltry memcranda. reviews and c:=:iy wi1 the teatrements cf W Dese ccent=et te pepdates managenal servi:es ne:essary to assure UMTP.CA and these cnteria.Tne

4) Evaluation of radiolop al:mpacts to tne pubn to include a ceterminatien co=pienen of the beenseg acti=-

arrangements for =aking such resources Suppen penor.nel are those persecs available shan be documented, sud as of ::mphan:e with State and Federa, who provide se:retarial. clerical an interagency memorandum of regulations and compansens with suppen. legal and laborate y services-understanding and cennr=ed by.

baupound valuu,

(6) 0:=;>a bonal oose Technical penonnel are those budgetary cost centers.

(7) Ra6otopeal i= pact to,o, eta other a

t individuals who have the training and Fun:tions To Ee' Covered the man expe-ience in rabstion protection (E) Ra diological monit: ring propa=s, ne:enary to evaluate the eng nenng 35.The States should develop and radological safety aspects cf a procedures for li:ensing, inspection, and pre-o: upational and operataonal (i) Impacts to seface and uranium ccncentrator. Current preparation of environmenta]

pcundwater, botn quality and quantityt in6:stions are that : to 235 total assessments.

0) Envirenmentale5ects of acceents:

professional person years' effon is

a. Licensing and needed to process a new conventional D) Licens ng evaluations or mil! license, in situ license, or majer assessments should bdude in plant (k) Evaluation of tailings management renewal. to meet the requirements of radiological safety aspects in alternatives in tet=s of regdat: ens.

UW'RCA. This number indudes the occupati=al or rest-i:ted areas and

(:)The States are en:oeaged to effo-t for the envir= mental assessment ervironmental1:npacts to populations in ex*-Me the need to expand tse scope, and the in-plant safety review. lt also un estri:ted areas fr0= the ple.nt.

cf the assessmentinto other areas sucs

.indudes the use of :ensdtants. Heap

(:)11is expe:ted that the State will as:

leach appbcations may take less t:me review evaluate and provide (a) Ecology!

and is expected to take 1.0 to i.5 do=u=entatien of these evaluations.

(b) Enwonmental effects of site professional staff yean' effort-Items which should be evaluated are:

preparation and factury cestru uen on enwonment and biota:

depend =g en tne etr== stances (a) Prepesed activities:

ene:cnterei Current indications are (b) Scope of proposed actien:

(c) End-= mental effects of use and that tne pe-sen yean effe-1 for support (c) Specific activities to be cenducted discharge of chemicals and fuels: and and lega! se vices should be one (d) Administretive procedces:

(d) Econemic and social effects.

se: etry for apprcximately :

(e) Facility orpnination and

c. latpections I

cenvenuenrJ ~% r.nd % staff yeen fer radiological safety respcnsibilities.

DJ As a =mimu=. Items which shodd lep! se vices for each noncentested miD authorities, and pencnnel be inspected or included dring the case. ~he i= pact on environ = ental qualifications:

inspection of a uranium mill should medtonng labcrato y suppen servi:es (f) Licensee audits and inspections:

adhere to the items evaluated in the in-is difficult to estimate but should be (g) Radation safety training programs plant safety review. The pnneipal items added inte the personnel requirements.

fer workers:

re:ommended for inspecuen are:

In aditier. consideration should be (b) Radiation safety progra=, control '

(a) Administration:

given to vanous miscellaneous post-and monitoring:

(b) Mill circuit. induding any b:ensing ongoing a:tvities induding the (i) Restn=ted area markings and additions, deletions. or m.:uit changes:

1ssuance of minor emendments, access controh (c) Accidents / incidents:

laspe:tient end ennronemd (J) At existing mills, review of (d) Pan ts or eqmvalent requirements seveillance. it is est:=ated that these morJtori.ng datr exporure records, o! the State;

'l activites may require about C.5 to 1

. licensee audit and inspe: bon records, (e) Action taken on previous findings; person years effort per licensed facihty and other records appucable to existmg (f) A mil! tour to determine i

per yea:. the lattr.r being the case for a mills:

co=plian:e with reFulations, and license major fatibry.These fi;mres de not (k) Environmental monitoring:

cenditionr.

indude et:: power for Title 1 activitives (1) E=eryency pmadures, (g) Taihngs waste maneFement in cf UMTFI>.

radiologicah a::ctdance with renlatens and license

b. In evaluating license applications

(=) Product transpenation: and cendiuons (see NRC Reg. Guide 3.n.1);

the State shall have eccess to necessary (n) S:te end physical deco==issioning (h) Records:

spenalines, e.g. rad.iological saiery.

procedures, einer than tailinFs.

(f) Resp:ratory protection in bycrology. Feclegy and dem (o) E=ployee exposure data e.nd a::ctdance with li::ense conditions or 10 c=s: u:non r.nc operation.

bloessay propams.

CTR Part :3.

In edition to the penennel

b. Invbenmer: c/ Assessment U) Effluent and environmental qualifications listed in the " Guide for D)The environmental evaluation monitonng:

Evalaenon of State Radiatica Centrol should consist of a detailed and (k) Traming propams:

Propr.ms " Revision 3. Februe.ry 1,1983, do:nmented evaluation of the foflowing

(!) Transpenaton and shipping:

the regulate y staf! involved in the items:

(m) Intemal review and audt by regulatery p ocess (Radiation) should (a)Topepsphy; maneFement i'

L?

7546' Federal Registnr / Vol 46. No.15 / Fricey, }anuary 23, 1981 / Notices (n) Exit inte view; and samples in a variety of sample media Subcommittee will review operstmp (c) Final written report documenting resultin; fro = a major a:nident can be experience. depee of success in the results of the inspe: tion and fm6ngs analyzed in a time frame that will allow chminatmg the core power fluctuations.

on each item.

timely decisions to be made regarding cere performe.nce (fuel and structural).

- !:)la addition. the inspector shodd public bealth and safery.

plans for testmg and cperation at levels Mrfor= the Icllowm;:

d. ArranFements should be made to above 70% of rated power and plans for (a) Independent surveys and participate in the Environmental future operations, modifications, sernphnt.

Protecton Agenq quabty assurance refuejing, and shift manning

)

(3) Aeditional ru! dance is contained prograr laborato y performance.

requirments. Notice of this meeting was j

in appropnate NRC replato y and -

Datec ashmper. D.C. this 18th day,;

published lar 1:.,

=spe tion yuices. A ::=plete 3,,,,77,

3er, "Sofety Philospny. Te:hnom, y and inspe: tion shou.id be performed at least For the Nucles^egulatory Comminior Criteric. January :E.1981.Los AnFeies.

1 CA. The Succo=mittee will discuss on:e per year.

gg-

' d. OperationalDate Review requirements Ior new (beyond Nest-(2) 1r. addition to the reporting M#""****T *M'.:

C#"*l##I##~

Term Construction permf t) reactor fra om s2-34m wa.. *.

plants. Notice of this meeting was requirements required by the replations or heense conditions, the licensee will published JarJ14.

submit in writing to the reFulatory

- 'Ex:reme ExternalPhenomenc.

agency within 60 days after Janueq 1 Advisory Committee on Raactor Januay M m, ks Angeks. CA.

and July 1 of eacs yes.r. reports We* PropoW kWs Tne Subcommittee wiD discuss the j

spe:i.8ying the quantity of each of the status of the Seismic Safety Margms

)

prine.ipal radionuclides released to in order to provic,e advance Program. Notice of this meeting was unrestricted areas in liquid and in information ref ardt, g propsed published Jan.14.

gaseous efnuents dunng the previous six meetings of the AChS Subcommittees

. Son Onofre J cad 3. ]anuary 31.1981.

months of op ratien.This data shat be and Working Groups, and of the full Los AnFeles. CA. The Subcommittee will 1

reported in a mr.nner that wiD per=it the Committee, the following preliminary meet to review the seismology and repiatery agency to confirm the schedule reflects the current situation.

peology related he=s for San Onofre j

p:tential annual ra6ation doses to the taking into account additional meetings Units : and 3 for an Operating U:ense.

public.

which have been scheduled and Noti:e of this meeting was published (2) All data from the radiological and meetings which have been postponed or

}an.15.

non.ra6clo;ical environmental cancelled since the last list of proposed

'Reyulclory Activities. February 3.

mon!!cring progra= wiD also be meetmgs published Dec. O.1980 (45 FR 1981. Washington. DC. The sub=itted for the same time periods and M1E:).Taose meetings whid are Subcommittee will discuss proposed f*equency. Tne data will be reported in defmitely scheduled have had, or will Regulatory Guides and Regulations.

c a msnner that wiD allow the repletory have, an inevidual notice published in Notice of this meeting was published agency to confo:= the dose to receptors, the Federal Register approximately 15 Jan.19.

deys (or more) prior to tne meeting.

' Plant Pectures leporten! to Sefety.

Instrumentation Tnose Subcommittee and Working February 3.1931. Washinsten. DC. Tne 35.Tne State should beve available Group meetings for which it is Subcommittee will discuss the NRC both field and laboratory anticipated that there will be a portion definitions of the tenns

• safety g ade",

ins: umentation suf5:ient to ensure the or all of the meeting open to the publi:

• safety related" and "important to licensee's control cf materials and to are in6:sted by an asterisk (').11is safety" as developed for testimony vahdste the licensee's measure:nents.

expe:ted that the sessions of the full related to the Tntu Mile Island Unit 1 a.The State will submit its list of Committee meetmg designated by as restart, as weU as nyiew the Fenen:

instrumentation to the NRC for review.

asterisk [*) will be open in whole or in implications of *te use of these Arrangements should be made for part to the public. ACRS fuD Committee dermitions in the licensing pro:r s.

calibratmg such equipment.

meetings begin at 8:30 as and Notice of this meeting was published b.Laberatory type instrume.ntation Subcommittee and Working Group Jan.19.

should be available in a State aFeney or meetings usually begin at E:30 as Tne

'NRC Safety Research Propcm.

throu;h a commercial servi:e which has time when items listed on the agenda February 4.1981. Washington, DC. Tne the capability for qucntitative and

. wiD be discussed dunng full Committee Subcommittee will discuss NRC's long-qualitative analysis of ra6cnuclides meetmgs and when Subcommittee and range aa.fety research plan and ACRS casociated with natural uranium and its Working Group meetings will start wiD comments on the, Office of Nuclear de:sy cheln. pri narily; U :3E. Re :28.

be pubhshed prior to each meeting.

Regulatery Research response to ACRS Tn.2:0 Pb.30. and En.=1in a variety Infonnatiun as to whether a meeting has recommendations in NUREG-0699.

c! sample media such as will be been finnly scheduled. cancelled, or Notice of this meeting was pt.Mished

'en:ountered frc:: an environmental rescheduled. or whether changes have J an. n.

samphng program.

been made in the agenda for the'

'S:fetfPhilosophy. Te:hnology and Analysis en:i cata reduction from February 1981 ACRS fuD Committee Criteri:. February 4.1981. Washm; ton, laboratory analyu:al facilities should be meeting can be obtained by a prepaid DC. The Subcommittee wiD 6scuss the available te the h:ensing and inspe: tion telephone cad to the Office of the proposed Near Term Construction authorities in a timely manner.

Executive Director of the Committee Permit. Notice of this meeting was NormaDy.the data should be available (telephone :0:/cW3:07. ATTN: Mary E.

pubhshed Jan. n.

withm 30 days of sub=uttal. State Vanderholt) between e:15 as and 5:00

• Ree: tor Radiologicc1Effehs.

ecceptability c! quxhry assurance (QA) ps. Easter Tune.

February 5.1981. [1:00 ps),

Weshington. DC. Tne Subcommittee is programs should also be established for ACAIS Comm fl'8 Ml fl8 to review and ccmment on the NRC tne analyticallaboratones.

c. Arrangements should also be

' fort St. I'rcin. january :".1931, at Staff s paper to the NRC Commissioners cmp'eted so that a large number cf site, near Longmont CO. Toe en the current status of thinking end'

V 7

OREGON Reculations It is noted that the Uranium Mill Tailings Radiation Control Act (UMTRCA) requires that Agreement States have, as of fiovember 1981, regulations which are equivalent to the extent practicable, or more stringent than Comission regulations on uranium milling.

The Comission considers that its recently promulgated regulations are practicable to implement in Agreement States as they are based upon the analysis in the final GEIS which addressed operations in both Agreement and.non-Agreement States. The Comission regulations constitute minimum national standards (10CFR5150.31).

In connection with this, the staff has reviewed Oregon's regulations.

Although the State's regulations address many of the significant issues, they do not adequately. cover all of the points in Appendix A to 10 CFR 40 and 10 CFR 5150.31(b) (which, as indicated above, constitute minimum national standards concerning technical, financial and institutional control aspects of uranium mill tailings disposal).

Comments on the specific provisions of the State's regulations in terms of their equivalency to minimum nati:nal standards are contained in later sections of this enclosure.

In conr.ection with developing these regulations, the State should recognize that the UMTRCA states that duplication of proceedings conducted by the i

Comission is not necessary (last sentence of Section 274o of the AEA, asamended).

Since the Comission developed the substantive regulations (45 Fp,65521) on uranium mills through a full and public rulemaking proceeding (fiUREG-0706), the State may wish to incorporate the record developed by the liRC as a part of any rulemaking that may be necessary

' under State law.

In fact, the simplest approach might be for the State to adopt language identical to that contained in the ilRC regulations.

A d siled review.of the Oregon regulations is attached.

Written Environmental Assessments Oregon regulations contain no requirement for a written environmental analysis to be prepared by the State, as required by Section 274o(3)(c) of the' Atomic Energy Act, as amended (AEA).

Although Mr. Frank's January

)

30, 1980, letter to G. Wayne Kerr indicates that the Energy Facility i

Siting Council anticipates the preparation of a document reviewing the environmental impacts of a proposed uranium mill project, the requirement nust be an explicit programatic requirement.

Such assessments should be prepared for all licensing actions having significant impact on the human environment, i.e., new licensing actions, renewals, and major amendments.

All aspects of the assessment, required by AEA 2740(3)(c)

(including those conducted by other State agencies), must be included in j

the documented analysis.

Further, documented procedures should be provided which assure that this assessment will be made available for public review and coment some reasonable amount of time before proceedings on issuance of the license begin.

h 4

o 2,.

I t

ta.-Licensina Construction P

The Oregon regulations (0RS 469.320) permit on-site construction activity, prior to issuance of the State's environmental assessment, up_ to $250,000 work.

Such pre-licensing and also provide for an exclusion of.. exploratory (3((D) and 10 CFR 150.31(b)(3)(ii construction is prohibited by AEA, Section 274o f

$b o

e l

i

ATTACHMENT DETAILED REVIEW 0F OREGON REGULATIONS IN TERMS OF APPENDIX A, 10 CFR 40 Our review was conducted by comparing the Oregon regulations with Appendix A,10 CFR 40. A mark-up of Appendix A is included and each point which the State regulations must cover in an equivalent manner has been annotated ("A", "A-1", "B-1", etc.). The results of our review are summarized in the following table where we indicate those points that were adequately covered or.not covered in the present. Oregon regulations.

Following the table, we have provided clarifying comments.

ANNOTATED POINTS OF APPENDIX A Section Not Covered Adequately Covered Introduction B, C A

ORS-469.350 92-110?

Criterion.1 A, A-2, B, C, D A-1 92-031(1)

A-3 92-031(2)

C: ' erion 2 A

Criterion 3 A,C,D B

92-031(2)

Criterion 4 A, B, C, C-1, C-2, C-3,-E, F D*

95-120(4)

G, G-1, G-2, G-3, G-4, G-5, H, I, J, K*, L.

Criterion 5 B*, C-2, C-3, E, E-1, E-2, E-3 A

92-040(2)

E-4, F, G, H, I, J, K, K-1, K-3, C-1*95-120(6)

K-4, L D

92-050 K-2 92-031(2)

K-5 92-031(2)

K-6 92-031(2) 9'-120 5

Criterion 6 B,D,E,F A

C 92-031

+ Section of tne Oregon regulations where the identified item from NRC regulations is covered. Unless otherwise stated, the citation of Oregon regulations is in abbreviated form and applies to Section 0AR-345 (for example, Section 0AR-345-92-110 is cited as92-110).

• Clarifying comments are made on this item following the table.

I:

1

'.l Section flot Covered Adequately Covered Criterion.7 A*

B-95-100

)

Criterion 8 B, C, C-1, C-2, C-3, C-4, C-5, A

92-040(1)

C-6, D*, E*, F*

95-070(5)

Criterion 8a A

_95-060(2)-

B 95-115 Criterion 9 D, E*, G, H, I, J K A-1, A-2, B-1 95-150(1 B-2, B-3, C*

95-150(1 F

95-150(4 Criterion 10 A,B,C Criterion 11*

A,B,C,D,E Criterion 22 A,B,C s

CLARIFYING' COMMENTS

==

Introduction:==

None Criterion 1:

None f

Criterion 2:

None Criterion 3:

None Criterion 4:

1.

Item D requires that during reclamation a full self sustaining vegetative cover be established or rock cover employed to reduce erosion to negligible levels.

Although Section 95-120(4) of the

• Clarifying comments are made on this item following the table.

- - - - ~,

4.---

Oregon regulations address this issue, it is recommended that the wording of this requirement be carefully considered since it may necessitate rip rap where this might not be necessary to control erosion.92-021(8) potential is addressed in the 2.

Item K - Consideration of earthquake

however, the requirement Oregon regulations, Section needs to be more specific in terms of defining capable fault and maximum credible earthquake.

Criterion 5:

1.

Item B indicates that any seepage which occurs does not result in the deterioration of existing groundwater supplies from their current or potential uses.

Section 92-040(4) addresses water quality protection; however, it appears that protec. tion is limited to drinking water supplies.

It is necessary for the requirement to be more broad; i.e., prevent deterioration of any water supplies from their current or potential uses.

2.

Item C-1 requires consideration of the installation of low permeability liners.

It is recognized that this is addressed in Section 95-120(6) where it is required that all tailings disposal sites be lined with low permeability natural materials.

It is recomended that the language of this requirement be carefully reviewed since it appears to prohibit the use of synthetic liners which may be adequate or superior in some situations.

Criterion 6:

None Criterion 7:

1.

Item A requires one full year of preoperational monitoring to collect baseline data.

Section 95-I00(1) of the Oregon regulations establishes a requirement for a monitoring program to be initiated at the conclusion of the preoperational program.

Therefore, it 'is clearly intended that baseline environmental data will be collected during the preoperational stage; however, it is unclear how long this preoperational monitoring program must be conducted.

Criterion 8:

Items D, E, and F establish specific requirements for controlling dusting frta diffuse large area sources.

Although Sections95-060(3) and 95-070(5) address this matter, the specific mitigating measures required, or required to be considered by Items D and E are not addressed.

Further, there is no requirement, similar to Item F, that written operating procedures to control dusting be developed.

~

. e Criterion Sa:

None Criterion 9:

1.

Item C-requires that the surety cover the payment of the charge for long term surveillance and control.

Section 95-150(1) requires a surety mechanism sufficient to provide for long term monitorina and maintenance (in addition to providing for decommissioning and recl ama tion.

Although the provision for covering the long term surveillance charge is adequate, discussion of long term maintenance is inappropriate.

2.

Item E - indicates that consolidated sureties would be acceptable only if the arrangements provide equivalent protection and the funds committed to m.ll decommissioning,. reclamation and the provision of the long term charge are clearly identified.

Although Section 95-150(4) permits consolidated sureties, the provisions under which they would be acceptable are not specified.

Cr'iterion 10:

None Criterion 11:

1.

None of the specifics concerning the land ownership requirements of the Uranium Mill Tailings Radiation Control Act and Criterion 11 of 10 CFR 40 Appendix A are contained in the Oregon regulations.

There appears to be adequate authority for the State to take custody of a tailings site, should it choose, and Section 95-150(2) seems to imply that land ownership transfer is being assumed by the State; however, no specific requirements for title transfer are contained in the State regulations.

Other Corrnents:

1.

Section 95-120(1) discusses secondary dams and requires that they must be capable of containing the maximum quantity of tailings which would be released in the case of primary containment failure.

It is stated elsewhere in the regulations (Section 95-040(7)) that all tailings dams shall be constructed in accordance with the procedures specified in USNRC Regulatory Guide 3.11.

Therefore, it should be made clear in Section 95-120(1) that use of a secondary dam does not lead to a relaxation in the standards governing the design and construction integrity of the primary dam.

S t

o e

l 2.

The NRC staff will review amended Oregon regulations to determine that the itetas identified in the above Table-are fully covered in -

the amended regulations.

However, in itemizing Appendix A Criteria as shown in Attachment 2, some of the " fine points" i., the Appendix A Criteria are not brought cut.

The final wording of Appendix A criteria was carefully worked out after considering numerous public comments on the draft criteria (see Appendix A to NUREG-0706).

As a result, in revising its regulations, the State should carefully-consider the wording of each of the Appendix A Criteria noted as

" covered" in the Table,. and where different words are used in State regulations to determine that it is not significant.

An example of this is Item A of Criterion 3.

The definition of below grade is i

not' included in Oregon regulations; this definition was added for t

clarification to NRC regulations following many comments on the matter in the draft NRC regulations.

i l

l e

.i

f

,,M A as Paet as Crtieria kaisung ao the Opersticief UruzadnTRma and the Dwpostuae af Tanings o* Wutes Produced by tne E.xtraction or Coocentre boc of Source Material Fro = Ores Processed Pnaarily for Taeat Sourw Material.

Contect.

- 1strodnetor. Every appbcant foe a license to possoas and ase source amaterialin cooruncbon with stramium or tborinic m!. Lag.

i er* byproduct enatenal at sites forenedy asaccsated with such gr411ng is tsquired by

(

the provtsioc.s of { 40.?13) to indade to a A

barme sembcabcc orcoceed sw 'Ga tums vs.a'.ans to "

cperauens s.nc sae diepostScr cf taihr p e* waste resultmg frosc

,yuch m!!hng actvibes.7 mis appchdut es tabbsbes tactnical fmancial ownershtp.

and long term site survemance critana relatmg to the alting operatacc.

decontaminatior decommissioning. and reclamaban c! r.!!b and ta$ngs or wasta systeens and shes at which seact andHs sad systems an located. As used to this cppendu. the terin *as low as is reasonably acrdevable" has the same sneaning a.s in paragraph 20.1{c) of 3D CE 20 of this Chapte.

In maey cases. Dez!bWty la provided in thi cntena to allow acIseytag an optunum.

laUings disposal propam on a site specifaq basis. However. in such cases the cbiectives.

technical alter auves. ar.d concerns whrch must be taken mio account in deve)oping a taihnps prefram are ice::tified. As proviced by the provtsions of i 40.31bl. appbca bons 4

for licecoe.s r us' elet* deconstrate bow the entena r. ave t>een acensef Tne spede.stens shal! be oeveloped censider.cg tne erpected full capscry of.

talbngs or waste systerns and the lifetune cf c:.!U cpera bons. Wbert la ter expansions of syntetra crr opera bons may be luely (for O(,

exaz:pis. where tarre quantibes of ore now ma.Tinally unecone:r.inal may be stockpued).

the anne cabihry cf tme disposal syster= ii' "

accor.modate increased capacices without de; acation it.long ter= stabWty anc ciner perfermance factors shs!! be evaluated.

Detailed propams sneetm; the technical and fmancial enteria is tl. is Appendtx.

indudm3 ep;repnale espporunF data, analyses, and alterr.atives shall be imeloped by axisting uraniu::n mWmg beensees and !Ued with the Dtrector of Nudear Ma terial Safety and Safes.ards. Lt.S.

Nudear Regulatoy Coc: mission.

Washmpter. DL ""' in connection with beense renewalappbcations er ethin nine months !.-et: the efferuve date of tsu Appenna wnacnever oc Erst.

l i

'THG T.gGvicEuGC W/6 l

L'7EC."TWs MitJA CTAC EcVC//TnJ6 TEOJIM1WhJI CL6/f.4Ke 1*J. J AsJ 's t.

i i

l Attachment to Encl 2

L%.!eelsmum! Obeds l

. _ n. - a,-. 0,.

M M} ahasAr tu(',mf'a thv_ ri rrt-- e 'm F ar' n ?!es the wt laDowso; ann leatutta wract, wiu 6etermine

/

the extent to ut.ich a program meets the broad objecere c.fisol.: tar t'aie talhafs arid j

associa W creta mmacts tram man and tae emve.me.? c:.e.t operanons and for Lnousarwis c, etes LDers. sher Mt' W1 tmpo.r a t-99 catrtmanee. ShaU be

== rec.

• rezmoue.,== from populated anar /"*

l

• byarolog.c and othe natural co7nLons l

es they cont-facts to cxrnunned 1:r.".hobl.bzabon and imo.'abot of contam!Ptants q

trtrcs s.aable S r.=cwater scu es,,L,;/~~

• potenua.! la wie * + *! aros sor.

d.s ts.,,ance. and %o. e,a eor.es cmer tne long==n.

Tee she selecuan procesa shall be an opt==:zatice te the maxirnuar. Extent rt=*=bly acixrable in terms of these

.Qas tury'""*

[ In tne m.h of 6sposal sites. petmary c;;;;dans sha.D be given to 6aolation of ta :gs or war.cs a matter havmg long term

=pacu. a: opposed to opnsideration only ef shon tem cc:rvenience or benef)ts.such as T-'*.i"-i?2 Don cf t t*'

ftaDonorland ecet:isit:C: Cnetif.21e Isolation Cf tallinFs j

e.11 tw s tune.cn c!both sne and enr.neenng OC cesy:. es e-d -e consiciersnon eball be p t: to :t.ng ;estures prec tne long tert:

j.ature c! the tChags hazar[a r

Talhnrs tha:: be 6sposec cfin a manner tha: e a-Ove :-trie ar.cc is requtaed to presem e cona;aona c1 Lne site.

Cnte.nce :~ic a void prchierston cf small wuie 6sposal sites and thereby reduce pc?perLai ru velance obbganens, byproduct matep.a.!! em i: sira extra cuen cperations.

su:b as residues Artrm solution evaporaLion or contaH ated control processea, and.aastes f om cn*S remete above gros:nd extraction o;ersbons shat be 6sposed of at ex.isting la.rre c:d" talbr.ps dsspoaa.1 sites: unlesa, con:ider:ng the r.ature of the wastes, such as the:r roh=ne and rpecific aetwity, and the coets a.nd c:nvtr:tmentalimpacu of trany.mg the wastes to a larFe 6sposa.1 site. ruch c!!aite 6sposal is demonstruied to be i=prac4icable or the advantages of onsite burial cleariy cerweigh the benehts of red"~r the pepetualsu-veClance chhgatons.

l 1

1

.7-28#rso C24T6faAc i

g WUhe *P*hDe c?* der

• Ier dAsposAl o! talbmrt ha piatemeD1 t>elow Tredt, ettner in unm., or ep.cmy exca va tec pisa ltaat is. W3stre the suced for EDy Specta.Uy ccmsenced mannac etroerwe is ahmmat.dl./

kDe eTs.luabon of a.itaTDative tilts arid 6sposal methods performed by mil!

opersto s to suppcrt of their proposed taihrigs cbsposal prograt:(previoed in appbcants' emironmental reporta) ahd Mer senous m - C * = 9 -- ed tais 6sposal moot. In s.ome

/ srtstances. below grade 6sposal may not be the most e:mronmentaDy sound approac}

such as saight be the case if a big.h quehty poundwater formation is relauvely close to tne eurface or not very weU isolated by crrerhus sous and roci A.lso,teolostc arid topes spluc c::mcrions cd;ht c.aie MJ below pode bunaJ tmpractJcable: for example.

bedroci :: y be sufhcien0y near the surfaCa that blast:ng would be required to excavate a 6spesa! psi at excessive cost. and mon suitable alte. ate sites are not asallable V.4 ~ f f Ww e-e d e bm a l is not

• • remt St. tne size of retention structur assm:.e and steepness of slopes of ancst C

iee exposte e=berament Lu be mi. = ted by exc.:yatie to tne aximum exte::t trasenably achievable et appropnete prer. the e elogic and hydrolope conditions rat a[tnese cases.'tt res' be d*wnmed that an soove grace 6 posal prcy sm w prende reasonably e<;uivalent isolauen of trae tailmps f om natural erosional

, forces.

C.ntenen 4--The followinr site and desirn c.ie.s shal: be arncree ic w r.e:ner taatnss or wam s tmwee ei n w cr rew E3.#

t.)IJpstream rainfall caichtnent areas must be ~~W to decreese erosion potential and the size of the snaxJmum possible flood stuch could erode or wash out sections of the 4 tsUings 6sposal aru f""

(b)Toperaphic featuns should prossde good mud protecumf j

(c)Embedment and eever slooes shall be relativeh fm af ter fmal siabihmion so reirnme erosion potential anc to provide

. [C conservauve ! r rs of salery assuring long ierm stab"

,rie broad objecme should be to contou hnal slopes to redes which ue as y )' cic se ai possible to those whiri: wou!d be s

p tmded if talhnps were 6sposed of below g ade: this codd. for enmple. ler.d to slopes of about 1

-.zontal to 3 serwal(10hdv) or less stee n general. slopa'should not be

(*

sicpes a e proposed, r[easons why a slope s t eepe: an about 5h here steeper less sier; than Ihnv would be smpracticable d

should be provided. and compensa'mg factors and concauons which c.ake such sl: pes a:.ce; table shoJd be ider. ;hed-tT C C.dTt \\ 3 Ch m at)E.2 nc g M

(dl'A. lea M -

• N,ayeese,e emw ahaD be estahud nrnack cover unpbyed b reesce wind and water armaaso ta j

snerIarM b

=

Waes a ! wereLative cover is not 1.lely to be self.austairun-due to chmatic or other conance.s. su:2 as m sems and sad and repoma. rod erwe :hal' to. eenleved on p C)co nopes c! tne smpoe.nm,r.1 sysipC renaams this twquatment toe w

ex *eme.ty rcGe s' opes swi. as those wt.ich I '~

may exast oc tne top o'4ae puef j

Toe loh:wtag f=

ar u.at oc cocaidered in establahms tne f.nal rock cover desip* to avoid chs-LW ciroci partacles by

- Q - human and anza! traSc oc by r.a tural

.- /

p oorsaan, a.d te powch.oe smoe =vttsr:; and papmf'

• sha rtza ccurpostnoc.and udatio[

3

'g

-J c! rock ps.rurleriemeeptmawy riimal pavware parnd shall be at Wat cobo.e

-~"

masa er pea tr.

ta:x cover thiMand sani Q

• t6es by sue ag/~~

par T,,.3 e stacpr of smocripng alents/'~

l hdreic2.al rock t asments shaDAe dense /

soun//end resistant to abrasior/and shall be t'ree frem cracis. seams, and other defecta Qihhat would tend to cduly increase theip j,hdertru: tion by wate and frost actions / Weak, pfnable. or lartneied aggregste shall not be S.:sei Snaie, reci lar.matec with shale. 4nd ichens shall net be use.y.,,r-f] eq.on ces er.ng c!alopes may not be F

dad whe tc; covers a:e very thick (on r

"9 f.ne ortier c!10. or pesterYt=poundment epiepes ate ve y renue (on the erder cf10 h1v pavera[.le crosio: resistance charactensues/oua cover ma tenals have inheter.tly /

ict less pind. the*e is cephrinie cratnere catement lana epstna= cf t.te pile and ood wind

/

F p-ote oon as ces= iced c pomts la) and (b}/

pf this Cmeneg=poundment surfaces Tc.ther= ors, aJ t O

thal' b conce:e cenieured te anM areas of eeled aurf ace runcf! of ab-u-i er sha. ; changes in slope pa6ert]c acciuon j to roci cover en siepes, areas toward which 7) surf ace rs=c!! might be dtrected shall be well r./

otecied mut suostanual rock cover inp fre-' in add

cen to p-ovidms for stabibry of t.ne t=pouncmc.nt syste= stsel!. overall etabibry/ eros tuVand reemo phol - I re-roun6ns te'rsin shall f,,)

tie evaluated to acee tnat toen an mot enromg or potental p ooesses sur.h an' gully cosior which would lead to impoundment pstabibf te)he impouru' e.et shall not be loca ted smear a capable fault tr.at eculd canae a e a r-r=n cndible earthquake larger than that which the impoundment could reasonably be expected to withstand. As used in tha entener. the terre

• capable fault" y ///'{

,TA(,,,g g /3 y

t.as the same mear:.cs as defmed in i IIHg) of Appeada A c!10 CT7. icc.ne term D

M

/ O_

• na.samu= credNe eartsquake* snean that earthquale mt.ich werald cause the max.imum g4 g@qgg v!brato y pound anonce based upon an evaluabon of earthenake potental cenaidenng the repoc.a.1 and local geoloEy and seirrnoice and rpec'.fic ' reciensues

/ cf local subsudace nr. ate '

(f) Tne s=pounc=>e='. wnen feestble.

should be cesiped te in:ciperste features which will p-emote depostuen.For example, m

destrn lestures mbact promote deposition of

'p Sediment suspenced m any runoff which f.om s ir.tc tee t tru.d. ment arts raphi be siihtet the ebee: ef such a desica lesten

• owie be to er. nance t.te trackness of coser j e\\ tr t' t

tE4ae h Steps ahd be taken te ndues 3

' me ef sm): matenals into posnowner to too me rtmme erimt e nemably 1

s :chievioia y ocepeye wtuco ooes to:ur shaU + n euft in deiene seem of existry c

r wM =e ',c rman tres, tnw cu. rctr pcime'*sses. Tae lobowug assu ne.

/concerec an onier to ascomphah this djecuve:

I

• 1:uuttatie-cow termasbuin bottase d, lLwn'Wpen syntoruc A:ners an Ma

{

lbeuare cietect2o: ents:n staD be instaM f

e.mecbately below the bner to ensun maior i

. v2 'idures a.n deteced !! tury oczac.This is in

'sddition to tse poundwoter monitonag m'e" tunducted as previced in Cmenon li epere chy Laers are proposed er i

1relanvely tr.m in situ clay soils an to be

~

igrebrd upon fo-seepage cont o' tesu shall be d

cond.ccted with representabve talhngs noiubcas and clay materials to conhrn: that

+

no sig:.!$ cast detenorsben of permesb!11ty or stabibty p-opernes will occur with costmuous expoea, of clay to tail!.nps acsuoans. Testa shat be run for a su.fLeient pened of tme te reveal any effects if they a.re

\\

fo!ng to cc:::: (in some cases, deterioration t.as been c'ose-ved to occur rather rapidly efler about e.tne months of exposure)).

j j

1

• cdU process oesigns which provide the

.es: u-ersetteable nevele of solut: ens anc censenatier. ci water ic reduce the net ilt:Fut cf bc;uid tc tee ta!LnFs irr.poun6ent.

e sewatea ; c! Laihnes by process devices s

end/cr in sau cra safe systemalAt new sites.tailtnts shaU be oewstered by a fj drainare syste= t:stded at the bone:n of the

=poune:ne:t ic lower the phnste su-face and reduce the cL mns head for seepage.

u:0ess testa show ta!hngs an not amenable

to such a snie v.scere in situ dewatenns is

[2-f te be condhcTeTtse i=poundment bottem shal: be c.u.tf te mu.e 1:st the dratns are Q

at a low pemt1;ce crains shsU be protected d

or swtabieTer catends t e s cure tha t e

dTaln! re:04;n e te r'ur.nia a ne Citainage

. [

.syste: shay aisc be acequately sited to jassure Fooc cestsage.).

[ jo!icaic substances.

e DeVtrahtatJcc to pic: note i.t*,mobihlation Wnen F oundwater ir: pacts an occurnns at a.n ex.i.sti.::t site cut to seepage. acue shaU be takaa to a.lievults condJtioru that lead to I

g excessive keepage := pacts and reston poundwa ter quabry to its potential use before :dlh:g operations beFEP to the enaxn=um e.xte.=1 practicabgce specific

/ seepage control and grounowater protecUon method. c* cc=binabon of methoda to be

'ustd :=,nst be woriced out on a site-epecif2c basisfechnical rpecif2 cations shaU be OH prepared to ccetre!instaustion of seepage i

cent ol eysie,,3;is/GTualtry assu ance, testing.

,}and itspecten prograrn. which includes pupervision by a qualihed enFineer or mecast em esablahed to assun the pe scanecu an met CV,5 - CWiuho l

J

e e

Dfat' b primary.JwOnod tI prolactlag I

proundwater sbat be teclaYoo 8!laEings and I Laamps mourtmos. dist.oaallavoMne exrntact !

with groundwater w'!! he r-MM J

MN. _ _ - t--3_tes La an:' analyses arv I

Pr**er,tec ocnons tre tatt abat toe proposed j

s disposa] and trestznent unethods w70et oepsde weter from currunfe;

1. potentaal in sup;scert of a tallings disposal systaan i

D-proposal, the apphcant/operatorget suteh jy I?Icanabem c zn:zrting the loDomsgnr

• Ts,e -int and %dioecove

1. -i t

characu:nso:s of the waste soluti[ D

• Toe charactenstics of the unoersytag so s.nd reeleps fer=at er,rpa ticularly as they

' *C cent c! tra.nepe#c! c=ntacusants and Solucons. 'n.is shad incjode cie,taDed 4

arJormatioy conor 7.ing exten. thipensas,f unilo :Jty, anape, and onenta con of f

&nns etrap.Hydraube pudsents and conducuvit>es of the various formauens shn!!

he c.eiedg This info-mnhan shaU be pathered hem Wes end Bek sm** metheds taken winnin tne preposec trapouncment arts and an surroundary areas wbere contaminsnia cu ht tni rate 10 usable poundwater.The s

f tr.Jorrn. bon 5.thered on boreholes sha!!

snc.lude both pet vs-e end rect >vscre) hr;</

X4

\\

n s..Teier.1 number anc ceFree'o!

6:;ha tau tic

• te s %w d ie*--+=t sir-r

' t 'ea m nies 'rs e' '*es a.!

ch..nt:er er:ernt ef - r-eversube ce-cw: e.. u inesc survey rnetnods are i,sec. ney sr. cult be in additsen twad r.aherated v.m benhole leermef,ycm%,

carstnoters sah as perinea;mi,. shall nat tw g

cetermir ed e, the besis of laborsinry scaly sis of sarnpies alone, a sufhcient s:nount of field testmg (e.g pur ; test.) h.di be conduried to assure actual field prc&nie-are a decuately u-de s'aa ' [esti.; sh.i i be

(

cenducter' to aliow est mstin; chemi sorption f rj ettenuation p*cperties of uncerlying soll ant!

b reg

• Loca uer.. extent, c;ushty, capac:ts and r! *,

cu.- ert oses cf any pt undwater at and near

! D* sitt.

I Furtherrnme steps shall be ta'sen durma stockpihng c!cre te minimize penetrnlinn ut rsdaenuchoes into underlyirtg soils: sut.ible-toethods sat.h.de kning and/or compartsun of ort etorage assas.

/

O

• 9 3

c

-w 4

Criterion M%cient c arth cover, b.: not less tha_e the t-ne a abat be placed m er h g.f taunts or wasles at the sad cJ nGLng e

opersuons to_cesa)!j,a calculated,pedemn to euriacr e'ubon of todon emanaorts try:r. the tallings e* wastes te less ther No tien=mes t>e* scuare thete' pe? escon[d

/ ca=pute.3 reqces taa.angs cover tiscinesses ar.oisture in soils an excess of 3

amounts found connalty in aisdlar soils in s6elar osmstances shaU not be

1. censide edMet Famma exposure Lem the t.&,rs or wastes arde be reduced to

- r" t,ackr.ound levet Ane effecu of any thin s

h,

sptbetic layer ar,aD not be taken into secount an cetemi-'

the calculated redan

~

ex slaten l***'.: noo*oued matenals are pmpened te recuce ta! Lags covers to less

/ C */

than three meters it must be 6emosutrated that such snatenals wiU cot crack or degrek by differrotial setsement, westberms, or stber mecas roer. cver long tenn Ome inemgr seiace c=ver maten.Is (Ls.

/ within Lne icp three metars) shall not include mine waste of rock that ccntams elevated levels er rabe.; scils used for near surface cover must be essentially the same, as far as Og radioactivity is centerned.as that of tuncur.d:!.; s.ris ce seds. Th:s is ic casuie thst surisce racen exhalation is nel sipulicar.ti) ateve D' atapround because of tne cover matenalitsell

/

e b

CEtTcTJA

'] 4 6 A l

~

(cP-tT 8 -weer PME)

Cntenon 7-At least one fuD year pr!2r 19 any map site constructier. a preoperational toonitenrig*propsm shaU be conducted to provide cc=plete baseh* data on a m!!!mg sine and lu c-vvensfinroughout the f constru:6cn a.nc operan.ng phases D! the mill.

as opersbonal mordtortng program shall be conduced in meseurs c evaluate coc:phan:e with apphable standanis an2 regulationc to evaluate perio mance c! c:rntrol rystems and

• procedures: to evaluate environmental impacts cf operstjor.: and to detect potentia]

kona term aflects.,

4 1

Cntenon LA-DaDy inspeeGons of tauings e waste n.rrotson systerns'shaU be cenducted'by aj;talined engineer or scientist j and de-re-teUine appropnete NRC repenas cia e as Ln6cated tn A; pen 6x D of

~

10 07'E Ft.. :~ 0. er the Dneter. Office of Inspectos and f.r.forcemen'. US Nuclear 1

Repds toy Cc==jssic:. Washingter. D.C.

0!!5 shd be t re6etriv neH&ed ef ary l

h = failure tr. a tathngs or waste retenuen rystem which resulu in a release c! talhngs or waste inte t:r.res:i:ted areas, a:d/cr cf amy unusual cen6tions (con 6 bon not I

cente=pleted in the desip of the retention syste=) which !!not correeted could in6cate i

the pote=tal or lead to faucn of the system

.l and result in a release of talhngs or waste into unrestncted arsaa.

/

i

b C'.riter6sm : "N operstiens ehd no

. enoducted so that d airborne a5esat ru'enses an enduced to levels as now as is -

eta sonabty schevs bleMpnma', means a I accomebsFmt uas ar.all be bv means of'~

f errummace onctrama. Anaurunanal controla, such -

as exten6ag the sita h==dary and ear.lusion cisa. may be sum'.oyed to ensure that c5alte

====e hm!n an met but only aher all pn ucaW anessures have been takan to

1. control a=lar.nas at tne sourca.

Notwitnstandag the enstance ofindbvidual

}

done stardar6 emet sannci of eminaltas is ' '.

ma==aaey to aamun taai pepulabec exposures an reduced to LDe mar'==

cxtent reancmably ach}evable and to avoid sina esmtaminabac. ne prestest potential saartme of of.stie radauan expoenn taalde from reden exporws) an dustmg from stry ourfaces of the tailbas dirposal aies not escured by taLaps solabon and enlaakons l

ir== ruowcasa stryus and packasms operatumn.

C:mcks shd be made/

/

and logynd hourly of d parameters la.g di5ervatisJ.

and j

acrubbe water Low totes) determine tne e5cicacy o' ydowcake eminalen 9

enmers! euruipment opers t shd be deterrr.ined whether or not condiboea are -

Mim a range pres:-! bed to ensun that the

• @, eculp:nent is epepstirig consistently riear

)

puk eCoes..r correcuve action shau be taken mben perfort:;nge is outside of presc-ibed re.ne-a.13uent control cievices

.3 abd ba e-w strve at al! t::nes during d.ying and paczapr; opersbons and wnenever att is exnausung t o:n the yeDowcake a D ytng and packapng operstions s te!"ar.ste wnen ecoc" dis an anCpers tive[

Wsen cneck.s in6cata the equipment ts not operstng with= the rampe prescribed for peak e5cienry. -tm sht" ba taken to nstore paramete-s to the pnscribed r W Wnen this ca.nnet be done without shutcown

'[ ar.d repsrt c ymg and pa4 eri eperstions shu casse as soon as practanable.

Opersuons tr.ay not be re-started sher.

cessatec due to c5. normal performance ur.til necced conecnve actions hav een Jdentined and t=plemente

' such

/ cessatens. cene tive actions, and re etarts

(.t. thd be nported to the appropriate NRC.

repocal o5ne as in6cated in Crttarion AA. in omtag, withm1D days of the subsequent

)rectar%

To control dasting from tdingL that porbon not coveemd by ata n Ang liquj4: dall be weMe e-e***>"v etabilized to prevent o-'-iatm blowing and dusting to the marzmme extent reasonably achievable.This requinment may be relaxed if taumps an afiecovely thchered from wmd. surl as may be the case where thry are disposed of below g-ade and the tallinp surface is not exposed to wigtsiderstaon shall be pven in

/ plaruung tailinr: &sposa] proprams to rnethods which would allow phased covecirts S

ent' r th ete-c' tailmes lenpr,unctnents since tnas wt belp sn controutng paru te end reden emiasions during opersben o

/ control cuating trotn dJffu:e sources such as talbnp and on pads where automatic centrob de not apply. operators shall develop enen enerstr-r

• • • dat'es specif>1ng the enetnoes of control actuca wW be titilised."

l

QfigjQ / ( WN aew j. "* L. C.[ ttl-,tOJ lQ

e. g..

s-

.W of larf'ines maart mot be nece'eary to tanact tem 2 2 so smet to tae event anat the'i

- esaud not prwife as coorptaW

1. - a, swety witun the requind tune.

the screty abaD be aviomaticahy coUected prwe to ha en:rsba= Tbe cceditlant ann #.ned eben would beve to be clearly auled at any swety ins tnaneel wbch is moi seeneM e.n te.wsM*d rinst be apwd to by at /

1 seety arraarements remerally *cceptaW to the G. a-

!on an:

4)Saretybandc:

[o) Cash 6cpoetts:

J ic) Cersemies of depost:

Id)D pcmda cf rowsme:*.mecarttier le) 1*revocaW ieners or here of crec.:: and in '&' cons of the above or suca other taes of arragemec by the Co w ni as aay be approved /

owever seF hrt--

er any h,-t which essenhally constrtmas selfinsurance a.g a contreci vth a esate er federal age lncyW,End j

aatr'r the surety regrdrement since itas prmoes ao att. nana) assuranca ether than tr.st wta:h already s:sasu througs Loense

/

8'ensrummasa.

I s

Cntene:Ic--.A to.! mum c.ha ee of I

.LO.0:C 115'"! ccLan) to cover tne costs cf ln; te = rurveUlan:4 sha!J be paid by each m

c; L cperator tc the Femeral treasu y of the p;g g g United S.atei er to as apprepnate State tl:

f" b,

ayens r e 'a ** t*~'a n' " of a uranium M DMIW W TM MMM)$5l lid iQ crthcnu~ t:.; bcense.

Qy

$gW gg ug

/,

If she seveiUance er control requirements f Mn (C)(4).

"A st a parter.dar site ar: determined, on the 8

Lasis o! a ette-epeci5c evaluabon. to be.

v.1hca.n0y pea ter than those epecified in Cnterie:

he accessary() va. if fencing is determined to 10 e g nance in funding 23 regnes:nents may be specined by the Co-asier. In any case the total charge to I

c::n.e the costs oflong term surve1 Hance than be auch that, with and aneuzned 1 perten; t==ua)rea) interest rste the ceDeeted funda v.D peld mierest in an amount su!Dcient to crve tae astuaj cosu of she surveIDance /

Te,- total charye wiD be adiusted annually Wr to a crual payment to recognize innation.

C Tot irl.auen rate to be used as that indacated by the cr.ange In the Censumer Pnce index y ;bbsbed by the U.L Department oflabor.

1-sau cf L4be Stausuca.

/

1

~.

. r.

L.shesm4. o r-o. s tiese castzs ta selstan6 lie

.s emT,erahlp of ts!hre and their distoscl s!!n

. A*

becom stir 1;the on November L 1961.tnd cp;,1y to a" hmses **r-Jng lesutd cae ert*wed n h-tut e ate.

/'

L Aoy traraus c-Snorfum tr.LDig lir-or talhngs Lcense3ha)' eWein such ierma -

cmd condue a aa the C.crn.massics delettrJ.nca necessary to assure thet prior to sert-Jnation cf the Lee. nae, the bcenace wiU tetnply with ownerdJp require =ests cf this crilenon for &!les s. sed k talbr.gs 6sposak /

C. Tide to the byprodet malenal Lcensed tmder this Fart ut La.cl t-&' ~ nev intenst then Le (cther tr.a Last owned by tr.,e tratec btates ce by a ble) whitila used Iof the 6s;osAl c! ar.y auch by;+odue:

Isaierist or u es*-tst te e _ sum the ler.g te : staMi*v ef nutr c:r wsa) ai,te. st.all be trsnale.rred to tre Unitec States or the State b which such land la located. at ti.e cption c euch State 5TTew ci the laet that t+ysicAV/ Let'aM rest te the rman means eflong tem eentret, ud Government lasc ownenrap is a deurable supplementary cuare, e=12erdJp of certain an ersble M subs 4: Maw intmsts (for sum;ac. m ncral h&nts) may tee celerrniped to be unnecasury ggg gV to p otect the pubbe be41th and safety and A()THoEiq 4's5up) the errvirarmett/.n ny case. Lowever the s eppbcontlo;scrator e :st demer.s~a te a OF Ti'MM. MM sinoes effort to cbtata such suosurface /g fi ) rights. and mu L in the event that certain v. h r t ts connet be obtained.=nd r Mcem in lo:al pubhc isne records of the f act tr.at the land as being used for the disposal of radioacus e snaien.1 and is subject to either an h*RC peneral or speedc bcense preh! biting the chsrepuen ud / distetance of the talhngs. In seme rare cases, such as may occur with deep bunal N where no ongoing site surve31ance wiU be requtred. surface land ownerLNp transfer / requirements may be waived.For Lcenses issued before Nos ember L 1981. the Cer.:nissicn sney take into account the siatua

• h of tAe ownership cf such land. and seteresta therein.and the abihty cf a heensee to tarafer tide and custody thereef to the Unned States er a State.

D.1! the Ccemission subsequent to title transfer determines that use of the surface or subsurface estates. cr both. of the land truslerred to the Uruted States or to a State wi1 not endanger the pubhc health, safety, weUare. or envtrcnment the Com:nis4 ion 4 ensy per:rJt the use of the surface cr subsurface estates cr both of such land in a snanner consistent with the provisions provided in these enteria.lf the Cornmission perrnits such use c! such land. it will provide the person who transfernd such land with the tvbt of ftrst refus.al with respect to sud, erse of such land. / L Malenal and land transferred to the Uruled Steles or a State in accordance with this Cntench shs!I be t ensfemt wi4vt 8 cMt to the Ucliec States or a State other than ~ ace. nis tra tave arzd legal cest: incurred in carrving out such transfer. / a T.The prevision. of this Part respecting t snsfer of ude and custody to land and telbngs and weites sha11 riot str)y in the case cflands held in trust tn tne Uruted sie*er W e v Me-m..e c+ms owTied by such incian tnbe subject to a restnction g against ebenstion smposed by the Urdled States. In the case cf such lands which are used fet the d2sposal cf byproduct matenal. as sief.ned in this Fart the bcensee shau enter ir.to arrangements with the Comrnissien es erv be : prer.sie te assu r the len; tern, sun tillance cisuch iands by the United j Stato.

i TV.g.. 4mme Team h bevd::ames Criteries. Sa==The Lt.a} shapoa!6an cd a tah:esY6uies 01 rJ.hng arise abould be - such tut enrN aMw en'-em La not N7 to p est-ve naoa@ll b / I c2imun-ar.nW site inspecoans at.a e '--W py toe mnet arency etMicmg thunale custocy ci the sate where LL'M te wastes are sized to cc:1re. the . 2:Jt:;:nry el the stab.'hzed ta.'hng:s er waste evsm a:4 to dete-Je (De Deed. if any. for m.ame and/m nr.ccdm ts of / tu t:xpeca A " N ~~-#.m - - t-W.re wr.r.m to cays hnr each K3'4*CDoc. De b""'* *!on 3L4 y fe9ti*e core troommet sailmspamos.s 11, ce the basis c.! a nWs evah.a uar. such a moed appears a comacy due to the lastres cf a pamcr.ar tan.ap or wasta dapesal systaan. ) ~, e 4 0 e 4 0 e

~ AMENDMENT TO AGREEMENT BETWEEN THE' UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE STATE OF FOR DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE' STATE PURSUANT-TO SECTION 274 0F THE ATOMIC ENERGY ACT OF 1954, A5 AMENDED 1lHEREAS, the United States Atomic Energy Car,missiord/ (hereinafter referred t'o as the Ccmmission) entered into an Agreement (hereinafter referred to as the A;reement of (date)).with the State of under section 274 of the Atomic Energy Act of 1954, as amended. (hareinaf ter referred to as and pro-the Act), which Agreement became effective on vided for discontinuance of the regulatory authority of the Ccmmission' 4 within the State under Chapters 6, 7,, and 8, and Section 151 cf the Act with re'spect to byproduct materials as defined in section 11e.(1) of the Act, source materialr, and spec' al nuclear materials in cuantites not suffi-i cient to form a critical mass; and WHEREAS, it is necessary to enter into this amendment in order to implement. .l new requirements of section 274 of the Act which become fully effective on ] November 8,1981; and \\ 1/ Uncer tne provisions of the Energy Reorganization Act of 1974, the regulatory functions formerly carried out by the Atomic Energy Commis-sion are now carried out by the Nuclear Regulatory Commission as of January 19, 1975. m u

2- - WHEREAS, the Commission.found on that the program of the State for the regulation of materials covered by this amendment is in accordance with the requirements. of section 274o. of the Act and in all other respects compatible with the Commission's program for the regulation of such materials and is adequate to protect the public health' and safety; and WHEREAS, this amendment is entered into! pursuant to 'the prov'isions of the Atomic Energy Act of 1954, as amended; HOW, THEREFORE, it is hereby agreed between the Commission and the Governor of the State, acting on behalf of the Stake, as follows: Section 1. ARTICLE I of the Agreement of (date) is amended by adding "as defined in section 11e.(1) of the Act;" after the words " byproduct materials" in paragraph A., by redesignating paragraphs B. and C. as paragraphs C. and D., and by inserting the following new paragraph immediately af ter para-graph A.: "B Eyproduct materials as defined in section 11e.(2) of the Act;". 1 i Section 2. ARTICLE II of the Agreement of (date) is amended by inserting "A." before the words "This Agreement," by redesignating paragraphs A. through D. as subparagraphs 1. through 4., and by adding the folloving at the end thereof: "S. Notwithstanding this Agreement, the Car. mission retains the follow-ing authorities pertaining to byproduct materials as defined in section 11e.(2) of the Act: 9 a -e-me o-s--e--c , raw w e- <es+ mw -ve, - ev ~ w -w e e-~

"1.. Prior to the termination of a State license for such byprocuct material, or for any activity that results in the prcduction of such material, the Co. mission shall have made a determinatien that all applicable standards and requirements pertaining to such material have been met. "2. The Commission reserves the authority.to establish minimum standards governing reclamation, long term surveillance or maintenance, and ' ownership of such byproduct material. Such reserved authority includes: "B. The authority to estaolish terms and conditions as the Cor. mission determines necessary to assure that, prior to,te'rmination of any license for such byproduct material, or for any activity that results in the production of such material, the licensee shall comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission; and with ownership repuirements for such materials and its cisposal site; "b. The authority to require that prior to termination of any license for such byproduct material or for any activity that results in the production of such material, title to such byproduct material and its disposal site be transferred to the United States or the State at the option of the State (provided such option is exercised prior to termination of the license); "c. The authority to permit use of surface or subsurface estates, or both, of the land transferred to the United States or the State pursuant to subparagraph S.2.b. of this Article; "d. The authority to require the Secretary of the Department of Energy, other Federal agency, or State, whichever has custody of such 4

.t 4 e i uypro:uci. n.oteriai and its cisposai site, to uncerteke sucn monitoring, ~ i.41ntenen:.e," cod emergency nienures as are necessary to protect the paciic ~ health and safety, and other actions as the C:r. mission ceems necessary; ~and "e. The authority to enter into arrangements as may be appropriate to assure Federal long tena surveillance or maintenance of such byproduct material and its disposal site on land held in trust by the United States for any Indian tribe or land owned by an Indian tribe and subject to. a restriction against alienation imposed by the United States.". Section 3. ARTICLE III cf the Agreement.of (date) is amenced by inserting. "otherwise licensable by the State under Article I of this Agreement" after the wcrds "special nuclear material." Section 4 ARTICLE VII of the Agreement of (date) is amended by inserting ~ "all cr pa rt of" af ter the words " terminate or suspend," by inserting "(1)" af ter the words " finds that," and by adding at the end before the period the j following: , or (2) the State has not complied with one or more of the require-ments of section 274 of the Act. The Commission shall periodically review this Agreement and actions taken by the State under this 5greement to ensure compliance with the provisions of section 274 of the Act.". l t .m.

4 Section 5. ARTICLE VIII of the Agreement cf (da te) is amended by redesig-nating it Article IX and by inserting a new Article VIII as follows: "In -the licensing and regulation of byproduct material as defined in section 11e.(2) of the Act, or of any activity which results in prcduction of such material, the State shall comply with the provisions of section 2740. of the Act. If, in such 1.icensing and regulation, the State requires financial surety arrangements for the reclamatier or long term surveillance or maintenance of such material, "A, The total amount of funos the State cc11ects for such purposes shall be transferred to the United States if custody of such material and its dispesal site is transferred to the United States upon termination of the State license for such material er any activity' which results in the producticn of such material. Such funds include, but are not limited to, sums ccilected for long term surveillance or maintenance. Such funds do not, nckever, include monies held as surety where no default has occurred and the reclamation or other bonded activity has been performed; and "S. Such State surety or other financial requiredents must be suf ficient to ensure compliance with those standards established by the Com- ~ mission partaining to bonds, sureties, and financial arrangements to ensure adequate reclamation and long term management of such byproduct material and its disposal site.". i

4 - T his amencment shall oecome ef fective: on Done at , state of in triplicate this day of FOR THE STATE OF Gove rnor Done at Washington, D.C., in triplicate, this day of FOR THE UNITED STATES NUCLEAR REGULXTORY COMMISSION' I t t 9 ) b P P N 9 m f F ( t 4 er v.w.- =4m.. , n, -n ry, ,,.,, wen,,,, -,,, -~--wm v y 7- -,-m,v-w,- 3--,-~r-

AMurui'u AGREEMEl4 - BETWEEN TH: UNITED STATES ATOMIC ENERGY COMMISSION AND THE STATE OF FOR DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONS!5ILITY WITHIN THE STATE PURSUANT TO SECTION 274 0F THE ATOMIC ENERGY ACT '0F 1954, AS AMENDED WHEREAS, The United States Atomic Energy Commissionb (hereinafter referred to as the Connission) is authori:ed under Section 274 cf the Atomic Energy Act of 1954, as amenced (hereinafter referred to as tne Act) to enter into agreements with the Governor of any State prov king for discontinuance of tne regulatory authority of the Commission within the State under Chapters 6, 7, and 8 and Section 161 of the Act with respect to byproduct materials, source materials, and special nuclear materials in quantities not sufficient to form a critical mass; and WHEREAS, The Governor of the State of is authorized under to enter into tnis Agreement with the Commission; and WHEREAS, The Governor of the State of certified on that the State of (hereinafter referred to as the State) has a program for tne control of radiation ha:ards adequate to pr.otect tne public health and safety with respect to the materials within the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and WHEREAS, The Comission found on that the program of the State for the regulation of the materials covered by tnis Agreement is compatible with the Commission's procram for tne reculation of such materials and is adequate to protect the public healtn and safety; and _/ 2 WHERCAS, The State and the Commission recogni:e the desirability and importance of cooperation between tne Commission and the State in tne formulation of standards for protection against hazarcs of radiation and in assuring that State and Commission programs for protection against hazards of radiation will be coordir.ated and compatible; ana -1/ Under the orovisions of the Enerov Reoroanization Act of 197', the reculatory f unctions formerly carriec out oy tne Atcmic Enercy Commis-sion are now carried out by the Nuclear Reculatory Comission as of January 19, 1975. 2] The amendment to this Aoreement certainine to byoroduct' material as defined in section lle.(2) of the Act contained tne followinc clause-WHEREAS, the Comis; ion found on that the crocram of

ne State f or tne t s.ulation of materials covered oy this amencment is in accorcance witn tne recuirements of section 2740. of tne Act anc in all otner resoccts comoatiDie with :ne Com.ission's crocram for tne reculat1on of sucn materials and is adeouate to orotect tne ouci1c nealtn anc safety;

-a~ WHEREAS, The Comission and the State recoenize the desirability of reciprocal recognition of licenses and exemoiice from licensing of those materials subject to this Agreement; and WHEREAS, This agreement is entered into pursuan t0 the Orovisions of the Atomic Energy Ac of 1954, as amenced; NOW, THEREFORE, it is hereby agreed between the Commissien and the Governor of the State, acting on benalf of the State, as fellows: ARTICLE I Subject to the exceptions provided in Articles II, III, and IV, the Cone.ission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters 6, 7, and 8, and Section 161 of the Act with respect ;o the following materiais: A. Syproduct materials as defined in section 11e.(1) of the Ac:: E Byeroduct materials as defined in section 11e.(2) of the Act; B. C. Source materials; and E. D. Special nuclear materials in quanti-ies not sufficient to form a Critical mass. ARTICLE II A. This Agreement does not provide for discontinuance cf ar.y authority and the Commission shall retain authority and respon-sibility with respect to regulation of: A. 1. The construction and operation of any producticn or utilization facility; E, 2.. The exoort'from or import into the United States of ~ byproduct, source, or special nuclear material, or of any production or utilization facility; C. 3. The disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as defined in' regulations or orders of the Commission; D. 4-The disposal of such other byproduct, source, or'special nuclear material as the Commissicn.from time to time determines by regulation cr order should, because of the ha:ards or potential ha:ards therecf, not be so disposed of without a license from the Cone.ission. w-e.. -.m 4 ~v .-.,...---...,,----,y _---.-,-,y .,_w -- - ~ -,-- --, m r. c

B., Notwithstandine this Acreement, the Commission retains the o Tollowina av:norities certain1ne to ovorocuc: materiais as cefined in section lle.(2) of tne Act: ~ 1_._ cyorocuct material, or for any activity in!.- resuits in Prior to the termination of a State licer.se for such

~e o*ocuttion of sucn materia'., :ne Commissicn snal) nave mace a cetermination ina all acclicatie stancards anc recuirements cerca1nino to sucn material nave oeen met.

2. The Commission reserves l the authority to establish minimum stancards covernino reclamation, lonc term surveillance or maintenance, anc ownersnlo of sucn cycrocut; material. Such reservec autnority incluces: ~~~ The authority to establish terms and conditions a. as the Commission cetermines necessary to assure tnet, orior to termination of any license for sucn byoroduct material, or for anv ac-ivity tna: results in the crocuction of sucn material. One licensee snali comply witn cecontamina lon, cecommissioninc, and reclamation stancarcs ore-scribed by tne Commission; and witn ownersnio ,recuirements for sucn materiais and its discosal site; b., The authority to recuire that orior to termination of any license for sucn byoroduct material or for any ac:1vity nat resuits in :ne crocuc Ton of sucn material, title to sucn byorocuct material anc its ciscosal site be transf erred to :ne Uniteo States or tne State-at :ne cotion of tne State (crovidec such o:: ion is exercised-orier ic termina: Ton of ne license): c., The authority to oermit use of surface or subsurface estates, or botn, of tne land transferrec to the United States or the State cursuant to_succaracraon B.2.b of, oi :nis Article, d. The authority to recuire the Secretary of the Decartment of Enercy, otner Fecerai acency, or State, wnicnever nas ,custocy of such byoroduct material and its discosal site,

D undertake such monitorino, maintenance, and emercency measures as are necessary to orotect tne cuolic nealtn anc safety, anc c:ner actions as tne Commission ceems necessary; and e.,

The authority to enter into arrancements as may be accrocriate to assure Feceral ionc term surveiliance or maintenance of sucn bvorocuct material and its ciscosal site on lanc neia in trus by tne Unitec States for any incian trice or lanc owned by an Indian tribe and subject to a restriction acainst alienation 1moosed by tne United States. 7

F. \\ 4 ARTICLE III Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or order, recuire that tne manufacturer, processor, or producer cf any ecuipment, device, commodity, or other product centaining source, byproduct, or special nuclear material i otherwise licensable by tne State uncer Article I cf this Acreeren: snaii no transfer possession or controi of sucn procuct exce;; pursuan: to a license or an exemption from licensing issued by the Commission. ARTICLE IV l This Agreement shall not affect the authority of the Commission under subsection lol b. or i. of the Act to issue rules, regulations, or. orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material. ARTICLE V The Commission will use its best efforts to cooperate with the ' State and other agreement States in the formulation of standarcs and regulatory programs of the State and the Commission for protection against hatards of radiation and to assure that State and Commission programs for protection against ha:ards c.f'radiatien will be coordinated and compatible. The State will use its best efforts to cooperate with the Commissien and other agreement States in the formulation of standards and regulatory programs of the State and the Commission for protection agains: ha: arcs cf r'diation and to assure that the State's program will a continue to be comcatible with the program of tne Commission for the regula icn of like materials. The State and the Commissicn wiii use their best efforts to keep each other informed of proposed changes in their resoective rules and regulations and licensing, inspection and enfercement policies and criteria, and to obtain the comments and assistance of the other party thereon. ARTICLE VI The Cornission and the State agree that it is desirable to provide for reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any agreement state. Accordingly, the Commission and the State agree to use their best efforts to develop appropriate rules, regualtions, and procedures by which such reciprocity will be accorded. ARTICLE VII The Commission, uoon its own initiative af ter reasonable notice and opportunity for hearing to the State, or upon recuest of the Governor 'Of the State, may terminate or suspend all or nart cf this Agreemen and reassert the licensing and regulatory au;nor1:y vested in it under the 4 \\ e n m -- y e? -m, ew-.-,w--- n --,, .m.-,,.,,nn. -e ,n-

6 ' Act if the Commission finds that (1) such termination or suspension is required to protect the public healtn and safety, or (2) the State has not comolied with one or more of the recuirements ci section 274 of :ne Act. ine Ccmmission snail oeriodically review :nis Acreement anc ections taken by :ne 5: ate uncer tnis Acreement c ensure comoliance w1:n orovisions ci section 274 of :ne Act. ARTICLE VIII In the licensine and eculation cf byoroduct material as defined in sec Ton iie.(2) of :ne Act, or of any activity wnicn resuits in orocuction of sucn material, tne State snali comolv w1:n ne orovisions of secticn 2740. of tne Act. If, in sucn licens.no anc recula: Ton, :ne State recuires financial surety arrancements for :ne reclamation or lone term surveiiiance or maintenance of sucn material, A. The total amount of funds the State collects for such ourcoses snali be transferred to ne Unitec States if custocy of such material and its cisocsal site is transfer-ec to tne Unitec States uoan termination of :ne State license for sucn material or any activity wnich results in the crocuction of sucn material. Sucn funos incluce, out are nc-limited

0. sums coiiected for ionc term surveiilance or maintenance.

Sucn funcs co not, however, incluce monies nele as surety wnere no cefault nas oc:urrec ano tne reclamation or otner concec activ1 y nas oeen cerfermec; anc B. Such State surety or other financ'.al recuirements must be ~ ~~~ suf ficien to ens e ccmoliance w1:n :ncse stancarcs established by :ne Commission certainanc to ocncs sureties, anc 'inanciai arrancements to ensure acecuate reclama:icn anc ionc term manacement of sucn oyoroduct material anc 1:s ciscosai site. MW e 9 s

.o. .,o s ARTICLE IX This Agreement shall become effective on and shall remain in effe:t unless and until such time as it is terminated pursuant to Article VII, Done at State:pf in triplicate, this day ::, .r FOR THE UNITED STATES ATOMIC ENERGY COMMISSION + FOR THE STATE OF 3/ Tne amendment to this Acreement certaininc 00 byoroduct material as cefinec.n section lie.(2) cf :ne Ac: ce: Ems effective on 1: yas signed at , state Of , in tr:Olicate on by fer ne 3 3., cf, an: siene at Wasnincton, D.C.. in triolica e, on OF for tne United States f?uclear Reculatorv Commission. + i l 1 l ..i 4 4 I _ - -. ~., -,,, - - .}}