ML20197C603
| ML20197C603 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Goetz M AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20197C607 | List: |
| References | |
| NUDOCS 9809140121 | |
| Download: ML20197C603 (5) | |
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UNITED STATES g
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2006H001 o
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September 3, 1998 Mr. Melvin Goetz 8751 Neptune El Paso, Texas 79904
Dear Mr. Goetz:
I am writing in response to your August 9,1998, e mail to President Clinton, which was forwarded by the White House to the U.S. Nuclear Regulatory Commission (NRC) for response.
It appears from your e-mail that you question the location of a low level radioactiv9 waste site near the border of Mexico. You also make reference to a treaty or agreement and rahe the question as to who enforces it.
Given the information in your e-mail, I assume that you are referring to the proposed low-It vel radioactive waste site in Hudspeth County, Texas. In this case, the Texas Low-Level Radioactive Waste Disposal Authority (TLLRWDA) has applied to the Texas Natural Resources Conservation Commission (TNRCC) for a license to construct and operate the facility. The concerns raised in your sut nittal involve several different agencies, statutes and areas of policy. In this response, I have addressed only those issues relevant to the NRC.
By way of background, under the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA), each State is responsible for providing, either by itself or in cooperation with other States (i.e., compacts), for the disposal of commercially generated and certain Federal general low-level radioactive waste. It is, therefore, the host States and compacts who have the responsibility under the law for taking the lead in siting and developing new low-level radioactiva waste disposal facilities.
The NRC has no direct regulatory role in the licensing of the proposed facility near Sierra Blanca, Texas. TNRCC has that authority, in 1963, the Atomic Energy Commission (now the NRC) entered into an Agreement with the State of Texas that discontinued NRC's authority over regulatory activities in the State involving certain categories of radioactive material as defined under the Atomic Energy Act (AEA). The exclusive authority acquired by Texas under the Agreement includes the licensing and regulation of low-leve! radioactive waste disposal. As a regulatory agency responsible for ensuring the protection of the public health and safety, the NRC provides limited technical assistance upon the request of Agreement States relative to their responsibility for licensing new low-level radioactive waste disposal facilities. At this time, I
TNRCC has taken no final action to approve or disapprove the TLLRWDA's application for the facility. Public meetings have been held to facilitate public input to the process. Should you
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have further questions on this subject, you can contact:
Alice Hamilton Rogers, TNRCC P.O. Box 13087 l
Austin, TX 78711-3087 INTERNET: AROGERS@TNRCC. STATE.TX.US TELEPHONE: (512) 239-6065.
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Melvin Goetz SEP - 31998 As for your reference to a treaty or agreement and who enforces it, I assume you may be referring to the La Paz Agreement, more formally known as the " Agreement on Cooperation for the Protection and improvement of the Environment in the Border Area." Signsd by the United l
States and Mexico on August 14,1983, the Agreement c~.lis for cooperation in the protection of the environment within a 100-kilometer area on each sidt of the international boundary. The Environmental Protection Agency (EPA) is the lead Federal agency for implementation of the l
La Paz Agreement; therefore, any requests for information you may have on this Agreement l
should be directed to:
Pamela Teel I
Office of Western Hemisphere. and Bilateral Affairs 401 M Street, SW - MC26504 Washington, DC 20460 INTERNET: TEEL.PAM@ EPA. GOV l
TELEPHONE: (202) 564-6424 Alternatively, any questions concerning treatics with Indian Tribes should be addressed to:
David Etheridge l
Office of the Solicitor 1849 C Street, NW - MC6456 Washington, DO 20240 l
lNTERNET: ETHERIDGE @ dol / SOL.HQ @ lOS. DOI. GOV l
TELEPHONE: (202) 208-4361 l
Sincerely,
- < ha d /~ Z a.t J Richard L. Bangart, Direct Office of State Programs #
cc:
Alice Hamilton Rogers, TNRCC Pamela Teel, EPA David Etheridge, DOI Sue J. Smith, Director Office of Agency Liaison The White House I
l
i SEP - 3 1933 M:lvin Goetz As for your reference to a treaty or agreement and who enforces it, I assume you may be referring to the La Paz Agreement, more formally known as the " Agreement on Cooperation for the Protection and improvement of the Environment in the Border Area." Signed by the United States and Mexico on August 14,1983, the Agreement calls for cooperation in the protection of the environment within a 100-kilometer area on each side of the international boundary. The Environmental Protection Agency (EPA)is the lead Federal agency for implementation of the La Paz Agreement; therefore, any requests for information you may have on this Agreement should be directed to:
Pamela Teel Office of Western Hemisphere and Bilateral Affairs 401 M Street, SW - MC2650R Washington, DC 20460 INTERNET: TEEL.PAM@ EPA. GOV TELEPHONE: (202) 564-6424 Alternatively, any questions concerning treaties with Indian Tribes should be addressed to:
David Etheridge Office of the Solicitor 1849 C Street, NW - MC6456 Washington, DC 20240 INTERNET: ETHERIDGE@ dol / SOL.HQ@lOS. DOI. GOV TELEPHONE: (202) 208-4361 Sincerely, OrbinalSigned By BlCHARD L BAP)GART Richard L. Bangart, Director Office of State Programs cc:
Alice Hami' con Rogers, TNRCC Sue J. Smith, Director Pamela Teel, EPA Office of Agency Liaison David Etheridge, DOI The White House Distribution:
DlR RF (8G509)
DCD (SP08)
EDO RF (G980509)
PDR (YESj.__ NO
)
SECY (CRC-98-0784)
CPaperiello, NMSS JGreeves, NMSS HNewsome, OGC EMerschoff, RIV CHackney, RIV WUpshaw, OlP DOCUMENT NAME: G:\\ ROV \\GOETZ
'SEE PREVIOUS CONCURRENCE.
Ta receive a copy of this document, Indicate in the box: 'C' = Copy witnout attachment / enclosure "E" = Copy with attachment / enclosure
- N* = No copy OFFICE OSP l
OSP:DD l
OGC l
OSP:D /),,l NAME RVirgilio:kk:nb PHLohaus FCameron RLBangart%(B DATE 08/31/98
- 09/01/98
- 09/02 /98*
09/fA /98 OSP FILE CODE: SP-AG-27, SP-L-5
o -.
t Melvin Goetz.
As for your reference to a treaty or agreement and who em rces it, I assume you may be referring to the La Paz Agreement, more formally known as,the " Agreement on Cooperation for the Protection and improvement of the Environment in the Border Area." Signed by the United States and Mexico on August 14,1983, the Agreement cal s for cooperation in the protection of the environment within a 100-kilometer area on each side f the international boundary. The Environmental Protection Agency (EPA) is the lead Feder I agency for implementation of the La Paz Agreement; therefore, any requests for informatio you may have on this Agreement should be directed to:
Pamela Teel Office of Western Hemisphere and Bilateral Affa rs 401 M Street, SW - MC2650R Washington, DC 20460 INTERNET: TEEL.PAM@ EPA. GOV TELEPHONE: (202) 564-6424 Altematively, any questions concerning treaties with lodian Tribes should be addressed to:
David Etheridge Office of the Solicitor 1849 C Street, NW - MC6456 Washington, DC 20240 INTERNET: ETHERIDGE @ dol / SOL,HQ O LOS. DOI. GOV TELEPHONE: (202) 208-4361 i
Sincerely, 1
Richard L. Bangart, Director Office of State Programs cc:
Alice Hamilton Rogers, TNRCC Pamela Teel, EPA David Etheridge, DOI Distribution:
DIR RF (8G509)
DCD (SP08)
EDO RF (G980509)
PDR (YES.f__ NO
)
SECY (CRC-98-0784)
CPaperiello, NMSS 1
JGreeves, NMSS HNewsome, OGC EMerschoff, RIV CHackney, RIV WUpshaw, OIP i
N DOCUMENT NAME: G:1 ROV \\GOETZ
/
- SEE PREVIOUS CONCURRENCE.
To receive a copr of thee docuenent, widicate in the box: "C'. Copy without ettachmeW s
- E' = Copy wRh attachment / enclosure *N' = No cecy OFFICE OSP l
OSP:DD I
/ OGC ' l OSP:D l
l NAME RVirgilio:kk:nb PHLohaus
/
- FCameron, RLBangart DATE 08/31/98
- 09/01/98 *!
09/ /_1 5 09/
/98 OSP FILE CODE: SP AG-27 "P-L-5
s
/
/
Melvin Goetz 2
As for your reference to a treaty or agreement and who enforces it, I assume you may be referring to the La Paz Agreement, more formally known as the "Agreemenf on Cooperation for the Protection and Improvement of the Environment in the Border Area Signed by the United States and Mexico on August 14,1983, the Agreement calls for cooperat the environment within a 100-kilometer area on each side of the inter, national boundary. The Environmental Protection Agency (EPA) is the lead Federal agerych for implementation of the La Paz Agreement; therefore, any requests for information you may have on this Agreement should should be addressed to the Department of the Interior, Bure'a,in'g treaties wi be directed to the EPA. Alternatively, any questions concern u of Indian Affairs.
Sinc /
- erely, Richard L. Bangart, Director Office of State Programs cc: Alice Hamilton Rogers, TNRCC
/
Distribution:
DIR RF (8G509)
DCD (SP08)
EDO RF (G980509)
PDR (YES_f_ NO
)
SECY (CRC-98-07p4)
CPaperiello, NMSS JGreeves, NM!%
-FXCameron, OGC-HNewsome/OGC EMerschoff, RIV CHacknpy, RIV WUp/
shaw,OIP DOCUMENT NAME: G:\\ ROV \\GOETZ g
To receive a copf of this document,indichte in the box: "C" = Cppy 4thod attachment /ent:fosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE OSP E
OS wd OGC OSP:D NAME RVirgilio:kk X/
PHLojiMJsI' V
FCameron RLBangart DATE 0.8_/f//98'
")/ / /98
/
/98
/
/98 OSP FILE CODE: SP-AG-27, SP-L-5
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