ML20149F270
| ML20149F270 | |
| Person / Time | |
|---|---|
| Issue date: | 08/05/1994 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Nielson D UTAH, STATE OF |
| References | |
| FRN-59FR39485 AE-88-3, AE88-1-003, AE88-1-3, AE88-1-4, NUDOCS 9408100053 | |
| Download: ML20149F270 (5) | |
Text
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UNITED STATES S
NUCLEAR REGULATORY COMMISSION E
"f WASHINGTON, D.C. 20AM001
%,...../
August 5, 1994 Dianne R. Nielson, Ph.D Executive Director Utah Department of Environmental Quality 168 North 1950 West P.O. Box 144810 Salt Lake City, UT 84114-4810
Dear Dr. Nielson:
The Office of State Programs informed you in a letter dated June 28, 1993 that the U.S. Nuclear Regulatory Commission (NRC) had decided that the State of Utah's rationale of exercising effective control of the Envirocare of Utah, Inc, low-level radioactive waste (LLRW) disposal site without State or Federal land ownership was acceptable provided that proper implementing mechanisms were put in place. As you know, the Commission received a petition from US Ecology, Inc. for the review and suspension or revocation of Utah's Agreement State Program for failure to require State or Federal site ownership at the Envirocare LLRW disposal facility.
An issue has been identified as part of the NRC staff review of the US Ecology petition which requires additional information from the State of Utah. The l
issue relates to liability for remediation and corrective measures in the event of an off-site release of radioactive materials from the disposal facility.
We recognize that Envirocare or any future site owner would be i
responsible for such action. We also recognize that some money set aside in the surety and controlled by the State of Utah could be used for remediation.
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However, in the event no licensee exists and significant off-site releases occur, remediation could be required.
In such a case, the need to identify i
and compel a responsible party to perform the remediation and any necessary corrective measures would be present.
Furthermore, the amount of money i
required for such remediation may be in excess of the amounts currently
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planned for the existing surety instrument.
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Although a number of events would need to occur for liability associated with I
remediation of an off-site release to become a concern, we request that the State identify actions the State could take in response to such an event.
The State of Utah's responses to these questions will be helpful to the NRC in addressing the US Ecology petition. The resolution of this issue will not l
affect our recent program review and our ability to close an open previous review comment dealing with Federal or State land ownership of the Envirocare site.
If new concerns are identified, they will be addressed separately.
The liability question as it relates to the need for Federal or State land l
ownership of LLRW disposal sites is also identified in the enclosed Advance i
Notice of Proposed Rulemaking (ANPR). NRC would be very interested in Utah's responses to the questions posed in the ANPR.
T 9408100053 940805 1
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Dianne R. Nielson ALIG 5 1994 The NRC views this matter as important and requests that the State provide this information within 30 days, if possible. This information will allow the NRC to address the issues identified in the petition. We will be pleased to meet with you to discuss this issue if you believe such a meeting would be beneficial.
If you have any questions, I can be reached at (301) 504-3340.
Sincerely, DDBY RICHARD L BAm8 AT Richard L. Bangart, Director i
Office of State Programs j
Enclosure:
As stated cc: Anthony J. Thompson, Esq.
Shaw, Pittman, Potts & Trowbridge l
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Distribution:
DIR RF HLThompson, EDO RBangart KStablein, EDO PLohaus BDoda, RIV RSA0 Utah file DGauch, 0GC LLW File KSchneider SDroggitis MMalsch, OGC JGreeves, NMSS DCD (SP01) PDR YES X NO
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Dianne R. Nielson 'AllG 5 - 1994 The NRC views this matter as important and requests that the State provide this information within 30 days, if possible.
This information will allow the NRC to address the issues identified in the petition. We will be pleased to meet with you to discuss this issue if you believe such a meeting would be beneficial.
If you have any questions, I can be reached at (301) 504-3340.
Sincerely, kdttf w
O fM Richard L. Bangart, Directp'r Office of State Programs //
Enclosure:
As stated cc: Anthony J. Thompson, Esq.
I
Fadeth! Jtegister / Vol. Mt. No.148 / Wednesday, Angust 3.1994 / F==4 Edes 394B5 l
JedmT AssrrawNT TABLE--
akas as an alternative to thecurraw seipensible for the sies asade.r the license Coniioued requizament for FederalorState through the s 90 year post closure period g%gon%)
ownership. Information to twehe (referred se es abe active institutional questions is requested to assist in corrtaalpecied).
mS h Con *sion determininE K sue 4 cbange cmildbe The Gosamiasioniaulallyseviewed
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scation sector OrTt54 made arithout adversely knpacting the Stateof Utah'samismption in April I
6302222010' publicionalthand safety, 1222.and d-'"ad that the State of O.4091 4.4252 CATES:
6302222020 0 M 91 V8252 Theanumment period erpires Utah had mot psovidad sufficient i
630231 220 W
CM October 3,199L Nunt nems ac'dved rationaleletissuing the asezmption to l
. aher this date will be contMe ed ifst is Abeland osmershipsequirement.
t practicaho<lo se,but the CommJsaion Stib6eq ue n t.ly. 2he NRC propos ed. and m023t21:20i 081E2 0.8504 as able toassureconsidention saly for Die State afUtah and Envirocare agreed 63023t2030
'1.1689 1.2150 cormnants ancaisest en er befsce this to, additional provisionsimposed by the,
vst2312040:
te182 c.8504 data.
Siste of Utah upon Envirocare.
5302312055; t2182-C.8504 go,iggpeg. Mallcmnmems to?The The restrana on the land imposed L802312090:
CM2 C8504 i
4302322020, t.4091.
CA252 SetreteWehuion.V'5*
by the State ATUtal wereanning the j
property forIndustrial waste and h
3h 6
g 5
"D W" dO
- 4 r,30 ppt 000' D 5844 A6074 Docieting and Service Branch.
added as as marustation to the land E3075120001 D.87E5 0 91t1 Dehvercornmerrts to:11555 Rockville record. The covenant adds additional 1
$302513000 0 5644 CSD74 Pile Rockville, Mar 3 azd.between 7:45 restrictions regarding futee nctivrties 1
Os02Me000 02122 t B504 s in. and a 15 p.tc.Federalworidays.
and uses of the Jand Aoensureits
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63026000$5' 1.1609 11150 Examine rqpies cicortunents rec' ived integrity, and Tornains in eUect a
4302000020i 1.0520 1 2954 at: The NRC Public Document Room, indefinitely.
4302600030i 1LQ520 1?!934 2120 L Street NW. ILower.Levell.
Toprodde asurance of hnancial 4 302910005.
1 0520 1.0934 Washington.DC.
surety.theState.of Dtab required 43029100*6 i 1 A 659 12150 6302310026 1.0520 1.0934 FOR FURTHEa #NP.DRamaW0s CONTAO:r: Ennirocare to establish a trust account
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Mark 11alsfield, Office uf Nm. lear under thecontrolof the State. The 5'
Regulatory Research, U.S. Nuclear dishursornent of the funds from the 6302910050' 1,0520 1.D934 Regulatory Commission, Washington.
eccountnaast beepprm ed b) the State.
630P910000' 12520 1.0934 DC 20555, telephone (301) 415-.6196.
The Comm}suon staU,in response to 6303140000' C9448 0 9823 E303910000 0 0.t29 '
C 6082 suPPLEwINTARY INFOWATION:
a 2.206 petition hem US Ecology.u terie. wing who03er the State of Utah is
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6303920000 C2A22 t.3037 Background controlling Envirocare's 1.LW site in a 6304111000 4E29 1,1048 6304190500 4.0520 14934 The NRC regulan.nns forlicensing rnanner that Prmides a substantially C 0419tD00 1.16E9 12150 land dis osal of radioactive waste q ui h b d d pr e h h '
(y 7,3gg g, g,.gublic healtband adety as i E304191500, C 4D91 04252 scquire at theland must beowned by C30:192000 04091 04252 the Federd er State govemment g
63089100?O C.9351 0 T,719 ($ 61.59lall. This requirctment was Enyh dm} pie nEd tsDa9P0000' 05351 09719 issued to esrure car: m! s.f tbe disposal C858 f r private +wnership. On the otb r 6 SOS 401540 13210 12275 ste after r3csttre.and sberebyTodtree the
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65059020c0 0.9935 10326 olential fer inadverie: st Jctr.usion e ntrols could be ased at other 1.LW 65059025a5 i Cf.544 C 6074 er ensure irneg*' ry Of the 631 d
es withot Tequhi hf M.2a 29H fadditate snomtarmS of site ouwshipptherefare.g govermnerftthe Co:nmission i
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g consideringamWmt 30 CFR Prrt 61 to Ad*'*"*'*
o en June 28.1993, the NRC pms e aigonnNs far adouing 6e FR Dot $s-ten'su c 6-:-R 845 $ml found acceptable an ere=pnom tothe arse d ruch omnianis as an ahes, sus e tv abe6eiland ownership 7equzramem that Eocannssein swnership.
- 5 ***E *um was grarrtad to Envirocare af Utah inc.
Specific?roposai (EnvarocarelQ theState of D:ah (an NUCLEAM itEDui.ATORY Ag e I tt tete cf Usah, The ComwJuana is<ansidering U
I nasandmg 6 61.H toadlow pib ate C0thkSS40N resu allons.lauedan eisemptJontothe ' owantship Ufa ELWdisposal site under 10 CFA Aert44 land ownarshipsequirsment whenit rovisions similarao Abose used for issued a linenta d o Inyhocare on March virocare by the Stateef Utah as 9WMH964EtB 21,1992, for (he land disposal ef low-h**hve. WcaDV 6 63.39la)
Land Ownership Requirements for levelendioactive asaste ILLWJ. Undar would besnodded to pe: snit private Low Level Waste Sites the exemption.'Envirocare will remain ezW d Eu dis al idedtha' he the prqpertyowner andie.rnain
[s osalsiteIs en AGENCY:&clearT,:gulatarv a er c orure.
Commisslan"
'P"'5"nuo me hanmy st or mu.
S ecifictemalderations P
ameridad 'the Opfenasston twiths sutt. ort'y to ACTW: Adenaeactiteciproposed rehng.aeb,.n.r iu,.si.:n,y.i,rtann.. sw e.
Addonard secaramendauans on a rulemaking.
conansant van m.wns. e.termmation its: the proposed rule reflecting the foregoing swa reshowwamanompet.ta, wim the and on anyother pofuts considered SUIMifaRT@e NC' lear Regulatory Commimog) ar.6 =W m 2 gara the putheperahnent are Erweted drom allitteresled Comrntsrion tsoonsiderine amending 1ts y $
ag g,$ $ g,',j' persons. Gomaneras and supporting a
reguistionstoatlow priva:e owner.shly cf Low 4avitl1tadioactive Waste fac1Lty euinsuu
.ad,m. w a s reasons ape perucalarly requested an the followingquestions:
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39486 Federal Register / Vol. 59. No.148 / Wednesday. August 3.1994 / Propose *d Rules
- 1. The Commission considers that an control criod (licensee is site owner),
the NCUA' Electronic Bulletin Board, amendment to 10 CFR Part 61 a's would i ere be a need for this records contact Carey D. Savage. Jr.. System described in this ANPRM could transfer?
facilitate the objectives of the Low.Les el Operator. Office of Public and Radioactive Waste Pobey Act of 1985, as List of Subjects in to CFR Part 61
$18-6335.""
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"E"8' amended, by allowing States additional Criminal penalties. Low. level waste.
flexibility in developing new low les el Nuclear materials. Reporting and SWEmTap maataTM radioactive waste disposal facilities.
recordleeping requirements. Waste (1) Background Would this change be useful for other treatment and disposal.
LLW disposal sites or is it likely that the The authority s.itation for this document The purpose of the Truth in Savings Utah exemption was one of a Lind? The is: secs. 53.57.62.63.65.81.163.182.183, Act ("TISA")(12 U.S.C. 4301 et seg ) is NRC would specifically request 68 Stat. 930. 932, e33. 935. 94 8,953. e 54. as to assist members in comparing share Compacts and Agreement States to amended (4 2 U.S C. 2073. 2077. 2092. 2093 and deposit accounts offered by credit unions. TISA requires credit unions to inform us if private ownership for an
{95;211122,1232223h,sg disclose fees the dividend or interest l
06.
1 potential site in their region is possib e 3
or is precluded by State laws or other secs. to and 14. Pub. L.95-601. 92 Stat. 2951 rate, the annual percentage yield, and 142 U.S C. 2021a and 5851).
other account terms whenever a member
? l ould this chan8e facilitate or Dated at Rockville Maryland, this 15th day requests the information and before an i
in er future licensing of LLW of July.1994 account is opened. Fees and other ror the Nuclear Regulatory Commission, information also must be provided on obld this change ha.e an James M.Ta3 or, any riodic statement the credit union 3
f adi ert.e impacts on public healtb and Lecuris e Derectorfor Opemtions.
['r"eas to the mem r Rules are set fonh safety and protection of the (FR Doc. 94-18r35 Filed B-2-94: a 45 am) emironment?
advenisements and advance notices to amo coos um
- 4. M ould the responsible regulatory account holders of adverse changes in i
terms. TISA restricts how credit unions d
al si eif a s oo ed by the NATIONAL CREDIT UNION
'b Tederal or State hovernment?
ADMINISTRATION
,hi h 5
t t
- 5. Are there sa id reasons why land calculated. TIS /ris implemented by part ownership requirements for NR'C-12 CFR Part 707 707 of the NCUA s Rules and regulated disposal sites should be more ReMations ("part 707")(12 CFR part restrictise than EPA regulated Truth in Savings 707). which becorr.es effective on u erf fac Ifti s nI n n h eg e n' ment, 5 a ze s ua o ac a Ad ni tion-hi i 11 i
staffinterpretations of the regulation.
ut priNte o n rshfp ACM Pr Posed rule; official staf,f The Board is publishing a proposed ow affect liability for a disposal site?
interpretaH n.
- 7. Would States' concerns about commentary to Part 707. The proposalis
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SUMMARY
- The NCUA Board is designed to provide guidance to credit ouuming liability for a disposal site be publishirg for comment a proposed un! n> in 8PP ying the regulation to l
alleviated by this proposal?
- 8. Would deletion of the State or official staff commentary to Part 707 of speciDe transactions and is a substitute rederal ownership requirement the NCUA Rules and Regulations (Truth i r, and a supplement to. individual climinate governmental liability under in Savings). The commentary applies StaffinterPretations. The Board l
j C niemP ates updating the commentary the comprehensive Environmental and interprets the requirements of Part Response. Compensation, and Liability 707 and is a substitute for individual peri dically to address significant esti ns tnat arise. It is expected that Act of 1980 (CERCLAi for releases from staff interpretations. The proposed yis commentary will be adopted in t
commentary incor guidance provideborates much of thehen the re ulation Gnal form in the fall of 1994, with an the site and,if so does this change have any ads erse impacts on public health was adopted. and addresses adkitional effectne date of the comphance date of j
and safety and protection of the Part 707. Due to the special needs of entironment, including after the active buestions that have been raised about small,n neut mated credit unions,and l
nstitutional control period?
e application ofits requirements.
DATES: Comments must be postmarked for the reasons explained by the Board
- 9. Should the NRC consider allowing sted on the NCUA electronic in the Final Rule adopted at the Julv a site owner to be only the licensee, or or fletin board by September 19.1994 Board meeting, the Board has decided to bu f
broaden the proposal to allow other extend the compliance date of part 707 private ownership?
ADDRESSES: Send comments to Becky until January 1,1996 for credit unions
- 10. Should there be a time period after Baker Secretary of the Board, National u hich the licensee can request Credit Union Administration,1775 that are not automated and are under 52 termination of thelicense, even though Duke Street. Alexandria. VA 22314-million in assets as of December 31.
- 3993, the land might remain in private 3428.
ownership?
FOR FURTHER INFORMaDON CONTACT:
(2) Proposed Cornmentary
- 11. lf the NRC were toimplement this Martin S. Conrey. Staff Attomey, Office The Federal Register notices proposal, are the surety requirements of General Counsel, telephone (703) containing the regulation that contained in to CFR Part 61 Subpart E, 518-4540; William Ryan, Compliance implemented TISA and notices for sufficient?
Officer, Division of Supervision. Office subsequent amendments set forth a larEe
- 12. Under $ 61.80le), all records are to of Examination and Insurance, amount of supplementary material be transferred 1o Federal and/or Stste telephone (703) 518-6360; or Annette interpreting the new regulation. (See agencies at the time oflicense Moore, Senior Analyst Division of final rule published on September 27, termination. If the license remains in Supervision, Region V telephone (512) 1993 (58 FR 50394), and fmal rule, effect during the active institutional 482-4500. For furJ)er information about corrections and correcting amendmera.
L e