ML20136H654

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Informs That NRC Will Proceed According to Terms of site-specific MOU Between Us EPA & NRC Which Was Consummated After EPA R6 Signed an Administrative Order on Consent W/Sfc,Based on Previous Response
ML20136H654
Person / Time
Issue date: 03/13/1997
From: James Shepherd
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Broderick M
OKLAHOMA, STATE OF
References
REF-WM-3 NUDOCS 9703190236
Download: ML20136H654 (5)


Text

.. Mr. Mike Broderick. March 13, 1997 Environmental Program Administrator

-Waste Management Division Oklahoma De)artment of Environmental Quality 1003 NE 10t1 Street

' Oklahoma City. Oklahoma 73117-1212

Dear Mr. Broderick:

In your response of February 20. 1997, to our request for Oklahoma Department of Environmental Quality (DEO) action on ground water classification at the SFC facility. you have stated that "...it is appropriate that [the U.S.

Nuclear. Regulatory Commission] determine aquifer classification, based.on the applicable 0klahoma Water Quality Standards." We wanted to provide Oklahoma with an early opportunity to make a determination on.the issue of ground water classification. which is an important consideration in the Sequoyah Fuels Corporation (SFC) case'. NRC believes that DEO has the relevant legal jurisdiction and. technical expertise in this area, and we believe that the State of OklahomaEis the. appropriate entity.to~make.this decision as a cooperating agency 1in'the development of the enviror. mental impact statement.

SFC has proposed that the ground water:at'its site be classified as non-potable. If the State of Oklahoma disagree.s withithat position, we would like toknowthatassoonas;possible. , .

Based on your previous response.' wb %ill,proce'ed!according to terms of the site-specific memorandum of ' understanding (MOU) betwsen'the U.S. Environmental Protection Agency Region 6.(EPA!R6) and'NRC which was consummated after EPA R6 signed an Administrative! Order on Consent (AOC)'with SFC. Under provisions of {

that MOU and the Reso0rce Conservation and Recovery Act Facility Investigation i required by the AOC,-NRC and EPA agreed that EPA'R6..will take the lead in determining the classification .of <the ground water at the SFC site. After EPA l and NRC reach agreement 'on this matter our decision will be sent to you. as '

the technical expert, for concurrence'in accordance with your role as a cooperating agency.which is responsible for ground water quality.

If you have any questions, please. contact me at (301) 415-6712.

Sincerely.

[0RIGINAL SIGNED BY]

James C. Shepherd. Project Manager low-Level Waste and Decommissioning Projects Branch Division of Waste Management Office of Nuclear Material Safety I cc: Enclosed list and Safeguards

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0FC LLDP* LLDP* LLDP* LLQV 6 I NAME JShepherd/cv JCopeland TCJohnson JHIckey  :

DATE 3/06/97 3/06/97 3/11/97 3//J/97 i

.. OFFICIAL RECORD COPY ,

ACNW: YES NO X Category: Proprietary or CF Only l IG : YES N0 l LSS . .: YES NO Delete file after distribution: Yes No 9703190236 970313 PDR WASTE 9 7. f3 2aoo33 gggigENi#

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%,***** f March 13, 1997 l

i l Mr. Mike Broderick l Ervironmental Program Administrator

! Waste Management Division l Oklahoma De)artment of Environmental Quality 1000 NE 10t1 Street Oklahoma City. Oklahoma 73117-1212

Dear Mr. Broderick:

In your response of February 20. 1997, to our request for Oklahoma Department of Environmental Quality (DE0) action on ground water classification at the SFC facility you have stated that " .it is appro riate that [the U.S.

Nuclear Reguiatory Commission] determine aquifer c assification, based on the applicable Oklahoma Water Quality Standards." We wanted to provide Oklahoma with an early opportunity to make a determination on the issue of ground water classification, which is an important consideration in the Sequoyah Fuels i

Corporation (SFC) case. NRC believes that DEO has the relevant legal jurisdiction and technical expertise in this area, and we believe that the State of Oklahoma is the appropriate entity to make this decision as a cooperating agency in the development of the environmental impact statement.

SFC has proposed that the ground water at its site be classified as non-potable. If the State of Oklahoma disagrees with that position, we would like to know that as soon as possible.

Based on your previous response, we will proceed according to terms of the site-specific memorandum of understanding (MOU) between the U.S. Environmental Protection Agency Region 6 (EPA R6) and NRC which was consummated after EPA R6 signed an Administrative Order on Consent (AOC) with SFC. Under provisions of that MOU and the Resource Conservation and Recovery Act Facility Investigation required by the AOC NRC and EPA agreed that EPA R6 will take the lead in determining the classification of the ground water at the SFC site. After EPA and NRC reach agreement on this matter, our decision will be sent to you, as the technical expert, for concurrence in accordance with your role as a cooperating agency which is responsible for ground water quality.

If you have any questions, please contact me, at (301) 415-6712.

Sincerely, f

[ / /

L James C. Shepherd. Project Manager Low-Level Waste and Decommissioning Projects Branch i Division of Waste Management i Office of Nuclear Material Safety and Safeguards cc: Enclosed list 4

Mr. Mike Broderick March 13, 1997 -

Environmental Program Administrator Waste Management Division -

Oklahoma De]artment of Environmental Quality i

1000 NE 10t1 Street .

Oklahoma City. Oklahoma 73117-1212 1

Dear Mr. Broderick:

In your response of February 20. 1997 to our request for Oklahoma Department of Environmental Quality (DEO) action on ground water classification at the SFC facility, you have stated that " .it is appropriate that [the U.S.

Nuclear Regulatory Commission] determine aquifer classification, based on the applicable Oklahoma Water Quality Standards." We wanted to provide Oklahoma with an early opportunity to make a determination on the issue of ground water classification, which is an important consideration in the Sequoyah Fuels Corporation (SFC) case. NRC believes that DE0 has the relevant legal jurisdiction and technical expertise in this area. and we believe that the State of Oklahoma is the appropriate entity to make this decision as a cooperating agency in the development of the environmental impact statement.

SFC has proposed that the ground water at its site be classified as non-potable. If the State of Oklahoma disagrees with that position, we would like to know that as soon as possible.

Based on your previous response we will proceed according to terms of the site-specific memorandum of uncerstanding (MOU) between the U.S. Environmental Protection Agency Region 6 (EPA R6) and NRC which was consummated after EPA R6 signed an Administrative Order on Consent (AOC) with SFC. Under provisions of that MOU and the Resource Conservation and Recovery Act Facility Investigation required by the AOC. NRC and EPA agreed that EPA R6 will take the lead in determining the classification of the ground water at the SFC site. After EPA and NRC reach agreement on this matter, our decision will be sent to you, as the technical expert. for concurrence in accordance with your role as a cooperating agency which is responsible for ground water quality.

If you have any questions, please contact me. at (301) 415-6712. l Sincerely.

[0RIGINAL SIGNED BY]

James C. Shepherd. Project Manager Low-Level Waste and Decommissioning Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards cc: Enclosed list DISTRIBUTION: Central File PUBLIC NMSS r/f Path & File Name: s:\dwm\lldp\jcs\sfc-eis\ok-gw2.ltr *SEE PREVIOUS CONCURRENCE OFC LLDP* LLDP* LLDP* LLl)]V 6 NAME- JShepherd/cv JCopeland TCJohnson JHIckey DATE 3/06/97 3/06/97 3/11/97 3/S/97 0FFICIAL RECORD COPY ACNW: YES N0 X Category: Proprietary or CF Only IG . YES NO LSS : YES NO Delete file after distribution: Yes No

, cc: Alvin Gutterman, Esq.

Craig Harlin j Diane Curran, Esq.

Lance Hughes James Wilcoxen, Esq.

Pat Gwin

, Stephen Duncan, Esq.

Michael Hebert, P.E.

Col. Timothy L. Sanford i Kathy Peter  ;

1 Charles Scott  !

Merritt Youngdeer '

, Troy Poteete President, S.A.F.E.S.T l Jeannine Hale, Esq.

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..- Mr. Mike Broderick Environmental Program Administrator Waste Management Division

- Oklahoma De)artment of Environmental Quality

. 1000 NE 10t1 Street Oklahoma City, Oklahoma 73117-1212

Dear Mr. Broderick:

In your response of February 20, 1997, to our requ for Oklahoma Department of Environmental Quality (DE0) action on ground er classification at the Sequoyah Fuels Corporation (SFC) facility, you ave stated that "...it'is appropriate that [the Nuclear Regulatory Co 'ssion] determine aquifer classification. based on the applicable Ok1 oma Water Quality Standards."

The Nuclear Regulatory Commission believe that DEO has the relevant legal jurisdiction and technical expertise in his area, and we strongly believe that the State of Oklahoma is the appr riate entity to make this decision as )

a coo)erating agency in the developm t of the environmental impact statement i for t1e decommissioning of the SFC acility.

As you know, there is a site-sp ific memorandum of understanding (MOU) between the U.S. Environmental rotection Agency Region 6 (EPA R6) and NRC which was consummated after A R6 signed an Administrative Order on Consent (AOC) with SFC. Under prov ions of that MOU and the Resource Conservation and Recovery Act Facility nvestigation required by the AOC. NRC and EPA have determined that EPA R6 w 1 take the lead in determining the classification of the ground water at the FC site. After EPA and NRC reach agreement on this ,

matter, our decision- 11 be sent to you as the technical expert for  !

concurrence in accor nce with the Oklahoma Environmental Quality Act at l 27A:S1-3-101, that ates in part ". . DE0 must insure proper protection of ._ i ground water quali y", and your role as a cooperating agency. l

~

If you have.any uestions, please contact me, at (301) 415-6712.

Sincerely.

I James C. Shepherd, Project Manager Low-Level Waste and Decommissioning Projects Branch Division of Waste Management i Office of Nuclear Material Safety and Safeguards cc: Enclosed list

--DISTRIBUTION- Central File PUBLIC DWM r/f NMSS r/f To receive a cohy of this document in small box on "0FC:" line enter: *C" = Copy without attachment / enclosure: "E" -

Copy eith attachment / enclosure: "N" = No copy Path & File Name: s:\dwm\1ldp\jcs\ok-gw2.ltr 0FC LLDP, LLD U LLDP LLDP NAME JShephdrd/cv JCo[ eland TCJohnson JHickey DATE 3/'(9/97 3/(o/97 3/ /97 3/ /97 0FFICIAL RECORD COPY ACNW: YES NO X Category: Proprietary or CF Only IG : YES NO LSS : YES NO Delete file after distribution: Yes No