ML20153F122
| ML20153F122 | |
| Person / Time | |
|---|---|
| Issue date: | 08/31/1998 |
| From: | Mclean M NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Rogers A TEXAS, STATE OF |
| References | |
| NUDOCS 9809290015 | |
| Download: ML20153F122 (7) | |
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Q, Ptb S C.b Ms. Alice H. Rogers, Section Manager
,3 g, gpo Ms. Alice H. Rogers, Section Manager Texas Natural Resource Conservation Commission Radioactive Waste Section P.O. Box 13087 Austin, Texas 78711-3087
Dear Ms. Rogers:
This year's annual meeting with Texas was held on July 16,1998. The purpose of this meeting was to review and discuss the status of Texas's Agreement State program. The NRC was represented by Mr. Ross Scarano, Director of the Division of Nuclear Materials Safety of this office, Mr. James Myers from NRC's Office of State Programs, Mr. Richard Woodruff from NRC's Region 11 office, and me.
I have enclosed the meeting summary, including any specific actions that will be taken as a result of the meeting.
If you feel that our conclusions do not accurately summarize the meeting discussion, or if you have any additional remarks about the meeting in general, please contact me a (817) 860-811tj or e-mail mim1 @ nrc. gov to discuss your concerns.
l Sincerely,
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MrhW M. Linda McLean Region IV State Agreements Officer
Enclosure:
As stated cc w/ encl:
Minor Hibbs, Director, v>
Industrial & Hazardous Waste Division 9
Texas Natural Resource Conservation Commission 4o P.O. Box 13087 w'
Austin, TX 78711-3087 E
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AR LONGTON, TEXAS 760118064 August 31, 1998 Ms. Alice H. Rogers, Section Manager Texas Natural Resource Conservation Commission Radioactive Waste Section P.O. Box 13087 Austin, Texas 78711-3087
Dear Ms. Rogers:
This year's annual meeting with Texas was held on July 16,1998. The purpose of this meeting was to review and discuss the status of Texas's Agreement State program. The NRC was represented by Mr. Ross Scarano, Director of the Division of Nuclear Materials Safety of this office, Mr. James Myers from NRC's Office of State Programs, Mr. Richard Woodruff from NRC's Region 11 office, and me.
I have enclosed the meeting summary, including any specific actions that will be taken as a
. result of the meeting.
If you feel that our conclusions do not accurately summarize the meeting discussion, or if you have any additional remarks about the meeting in general, please contact me at (817) 860-8116 or e-mail mim1 @nrc. gov to discuss your concerns.
Sincerely, s /NhW M. Linda McLean Region IV State Agreements Officer
Enclosure:
As stated cc w/ encl:
Minor Hibbs, Director, industrial & Hazardous Waste Division Texas Natural Resource Conservation Commission P.O. Box 13087 Austiri, TX 78711-3087
Ms. Alice H. Rogers, Section Manager ENCLOSURE AGREEMENT STATE ANNUAL MEETING
SUMMARY
FOR TEXAS Date of Meeting: July 16,1998 ATTENDEES:
Texas Natural Resource Conservation Commission (TNRCC)
Alice H. Rogers, Section Manager Madeline Boyer, Staff Attorney Kelly Mego, Staff Attorney Dale Kohler, Team Leader Minor Hibbs, Director George Fitzgerald, Team Leader Kathy Vail, Regulatory Specialist James Givens, Administrative Technician NRC Ross A. Scarano, Director, Division of Nuclear Materials Safety Unda McLean, Regional State Agreements Officer, Region IV James Myers, Agreement State Project Officer, Office of State Programs (OSP)
Richard Woodruff, Regional State Agreements Officer, Rll DISCUSSION The following is a summary of the meeting held in Austin on July 16,1998, between representatives of the NRC and the State of Texas. During the meeting, the topics suggested in a letter dated May 14,1998, from Mrs. McLean to Ms. Rogers were discussed. The discussion pertaining to each topic is summarized below.
- Action on Previous IMPEP Review Findinas The previous Integrated Materials Performance Evaluation Program (IMPEP) review was conducted during the period June 16-27,1997, with the findings discussed in a meeting between the State and the IMPEP Management Review Board (MRB) on September 22,1997.
The results were issued in a final report dated January 26,1998. At that time the MRB found that the Texas radiation control program was adequate to protect public health and safety and compatible with NRC's program. The recommendations made in the final report are listed below l
followed by a summary of the State's actions in response to each recommendation and the staff's recommendation as to closure of the item.
l i
Ms. Alice H. Rogers, Section Manager 2
1.
The team recommends that TNRCC vigorously pursue the changes necessary to make Texas law (statutes and regulations) compatible with those of NRC in the low-level waste area and, h necessary, raise this issue to higher levels in the State government.
Response: The TNRCC met on June 12,1998, with representatives of the Texas House Committee on Environmental Regulation, the Texas Department of Health, the Texas Low-Level Radioactive Waste Disposal Authority, and the Railroad Commission of Texas regarding legislation to change the definition of low-level radioactive waste. TNRCC is currently drafting language for the Committee.
The staff recommends that this item remain open.
2.
The review team suggests that, if warranted by the amount of data, the baseline data should be entered into a computer database to facilitate its review and use.
Response: The database is in progress. The TNRCC staff provided a sample of the baseline database to the NRC.
The staff recommends that this item be closed.
3.
The review team suggests that a consolidated training record be developed to enable assessment of training across the entire program.
Response: The TNRCC staff provided the NRC copies of training records and a wish list for future training for the staff. The database records included all staff and included all the NRC courses attended and future courses that they hope to attend.
The staff recommends that this item be closed.
4.
The review team suggests that TNRCC complete their efforts to document the bases for all staff findings.
Response: Voluminous prefiled testimony and transcripts of live testimony are available for NRC inspection upon request.
The staff recommends that this item be closed.
5.
The review team recommends that the TNRCC ensure that well documented technical bases exist for the performance assessment. Sensitivity analyses could be completed to ensure that key aspects of the performance assessment analysis have been reviewed.
Response: As stated in our December 18,1997 and February 25,1998 letters, the TNRCC continues to disagree with the NRC that additional sensitivity analyses would materbily add to the technical credibility of TNRCC's review. However, additional sensitivity analyses (of the type recommended by the NRC) were performed by the TLLRWDA during preparation of the application. These analyses were not submitted with the application.
The staff recommends that this item be closed.
Ms. Alice H. Rogers, Section Manager 3
l S_trenaths and Challenoes of the Texas Proaram The following strengths were identified by the TNRCC:
l Low-level Radioactive Waste Disoosal Proaram -the TNRCC has an effective LLW licensing program (as evidenced by NRC's last IMPEP review and progress on licensing the Texas compact site). TNRCC is now redirecting staff efforts to putting a program in place to ensure compliance at the TLLRWDA site.
l Rules - the TNRCC is progressing steadily towards adopting new rules to ensure l
compatibility.
. Buried Waste Sites - the TNRCC is working towards bring the licensed and unlicensed buried wasta sites into compliance with the NRC's timeliness in decomrnissioning rule and decommissioning standard rules. Several of these cases (TexTin and ASARCO)
' involve Superfund issues as well as NRC decommissioning issues. TNRCC is uniquely qualified to handle these issues efficiently as the EPA's Superfund program is delegated to TNRCC.
Radiation Control Expertise Available to Other Environmental Proarams at TNRCC - the TNRCC's radiation control staff provides in house expertise to solid waste, mixed waste, and air radiation issues. Examples include: Radiation Monitors at municipal solid waste facilities; reviewing Waste Control Specialists RCRA Waste Analysis Plan for mdiation screening; providing expertise to Office of Air's Radionuclide NESHAPs rules; reviewing data from Pantex to ensure cleanup at radionuclide cleanup sites.
l The following weaknesses were identified by the TNRCC:
Sufficient but Small Staff - Smallness of staff necessitates frequent rea:ocation of projects among staff to ensure that priority work is done first.
Travel Fundina - NRC ceased funding Agreement State training and travel at the same time that the Texas legislature put a 95% travel cap on all state agencies. Therefore, TNRCC has been unable to make up the difference in travel money lost by NRC's stopping funding.
NRC not sendina all NUREGS to TNRCC - Examples: CR 5512 and NUREG 1496. It appears all of the copies are going to TDH.
Recent or Peno~na State Proaram Chanaes Chanaes in Proaram Staff:
Changes in program staff (including pending changes such as scheduled resignations)
(since June 18,1997)
m I-Ms. Alice H. Rogers, Section Manager' 4
TNRCC Staff that was transferred due to Uranium Licensina Jurisdiction Chanae Health Physicist, transferred to UIC, July,1997 L
Geologist, transferred to UIC, July,1997-Two Health Physicist, transferred to Petroleum Storage Tanks, September,1997 Health Physicist, transferred from Licensing to_ Inspections, July,1997-TNRCC Staff that has Left for Other Reamns i
. Attomey, Resignation, August,1998 Biologist, Retirement, January,1998 New Staff
- Health Physicist, starts July,1998 Leaislative Chances:
In accordance with Sentte Bill 1857,74th Texas Legislature, Jurisdiction for source
_ material recovery and processing, and by-product disposal was transferred to the Texas Department of Health.
TNRCC's budget for 1999 has not been finalized. The TNRP.C has requested an additional FTE and appropriate incidental funding for the Resident inspector for the LLW she. TNRCC's management's decision on this request must be made in accordance with legislative mandates to: have no agency-wide increases in the number of FTEs and keep travel expenses to 95% of those expended in FY 97.-
~ NRC Proaram or Policy Chanaes That Could impact Aareement States The elimination of the funding for Agreement State training may impact future training for the i.JCC staff. Also, the TNRCC staff expressed some concerns regarding NRC's decummissioning standards vs. EPA's.
Intemal Proaram Audits or Self Assessments
- The TNRCC commissioned a contractor to look at ways to consolidate and streamline business processes. Workgroups have been formed to implement the recommendations. The URW Section is developing quality assurance program and procedures manuals for monitoring compliance at the TLLRWDA's site.
- Status of Alleaations Referred by NRC to The Texas Radiation Control Proaram l[
There were no allegations forwarded to the TNRCC during this period.
Compatibility of Aareement State reaulations With the exception to the recommendation made by the IMPEP team on the low 'evel 7
- waste regulations, the TNRCC were on schedule for compatibility.
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'l Ms. Alice H. Rogers, Section Manager 5
' Nuclear Material Events Database (NMED)
The TNRCC staff have had difficulties using the NMED system. The problems noted will be discussed with the appropriate NRC headquarters staff.
j Schedule for next IMPEP Review l August or September 2001 Action items identified Durina Meetina Training in Texas-Investigate possibility of having NRC courses in either Austin or.
Arlington. Examples of courses of interest to the TNRCC staff are RESRAD, D & D, and
- NMED, Apparently not all of the published and distributed NUREGs are being sent to the TNRCC. (For example CR 5512 and NUREG 1496 have not been sent to TNRCC.) It appears that all of the copies are going to TDH.
Other issues State Office of Administrative Hearings (SOAH) issued Proposal For Final Decision July l
7,1998. A copy may be obtained on SOAH's web page (WWW.SOAH. STATE.TX.US).
ALJ's recommend denial based on faulting beneath site and socmconomics.
Exceptions from parties due July 27,1998. Responses to Exceptions due August 6, 1998, it is possible (although rare) that ALJ's can change their recommendation.. Expect matter to come before TNRCC Commission around late September /early October.
Commission has four options: 1) issue license; 2) deny license; 3) remand to SOAH for further evidence; 4) remand to Executive Director for further technical study.
j Effectiveness of Annual Meetinas:
The attendees agreed that the annual visits are helpful to maintain a good working relationship between the NRC and the Agreement State.
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