ML20202C920

Informs of No Comments as Result of Review of Proposed Arizona Radiation Regulatory Agency Articles 3 & 7 Submitted on 980911

ML20202C920
Person / Time
Issue date:	01/15/1999
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Godwin A AFFILIATION NOT ASSIGNED
References
NUDOCS 9902010211
Download: ML20202C920 (11)

Text

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9 Mr. Aubrey V. Godwin, Director M i 5 1333 Arizona Radiation Regulatory Agency

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4814 South 40* Street Phoenix, Arizona 85040-2940

Dear Mr. Godwin:

As requested, we have reviewed the proposed Arizona Radiation Regulatory Agency's Article 3, Radioactive Material Licensing, and Article 7, Use of Radionuclides in the Healing Arts, published in the Arizona Administrative Register on September 11,1998, and submitted with yourletter of September 21,1998. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 30,31,32, and 35. We also discussed our review of the regulations with you on January 7,1999.

As a result of our review, we have no comments. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted without significant change, they would meet the compatibility and health and safety categories established in OSP Procedure SA-200 (formerly, B.7).

We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027, " Request to Highlight Changes to Agreement State Regulations Submitted to NRC for Compatibility Review" (March 1,1996), please highlight the

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final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding the comments, the compatibility and health categories, or any of the NRC regulations used in the review, please contact me or Jim Myers of my staff at (301) 415-2328.

i Sincerely, originalSigned By:

PAUL H. LOHAUS Paul H. Lohaus, Deputy Director Office of State Programs l

Distribution:

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BUsilton g QQ.N Arizona File DOCUMENT NAME: G:\\JHM\\AZREGS.WPD

• SEE PREVIOUS CONCURRENCE.

Tm resolve e cosp r of this document, Indicato in the box: *C" = Copy without attachment / enclosure T = Copy with attachment / enclosure "N" = No copy j

OFFICE OSP l

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l NAME JMyers:kk:nb SNSalomon PHLohaus } I/h E FCameron DATE 01/08/99

• 01/11/99

• 01/11/9' #

01/15/99*

9 OSP FILE CODE: SP-AG-2 C.,5 M g r g g N N myr 9902010211 99o115 PDR STPRO ESGAZ PDR

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UNITED STATES g

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i January 15, 1999 l

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Mr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency l

4814 South 40* Street l

Phoenix, Arizona 85040-2940

Dear Mr. Godwin:

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As requested, we have reviewed the proposed Arizona Radiation Regulatory Agency's Article 3, Radioactive Material Licensing, and Article 7, Use of Radionuclides in the Healing Arts, publisned in the Arizona Administrative Register on September 11,1998, and submitted with i

your letter of September 21,1998. The regulations were reviewed by comparison to the 1

equivalent NRC regulations in 10 CFR Part 30,31,32, and 35. We also discussed our review of the regulations with you on January 7,1999.

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l As a result of our review, we have no comments. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC

)

regulation may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted without significant change, they would meet the compatibility and health and safety categories established in OSP Procedure SA-200 (formerly, B.7).

We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027," Request to Highlight Changes to Agreement State Regulations Submitted to NRC for Compatibility Review"(March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding the comments, the compatibility and health categories, or any of the NRC regulations used in the review, please contact me or Jim Myers of my staff at (301) 415-2328.

rely, V

$a JI H. Lohaus, Deputy Director Office of State Programs i

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^ATTO.WP S-071.1 SENATE BILI. 5059 t

Etate of washington 56th 1.egislature1999 Regular session By senator Brown

.Erad first time Referred to comroittee on.

AN ACT Relating to the transportation impacts of low-level radioactive waste; amending RCW 43.200.010; and adding a new section to chapter 43.200 RCW.

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CE IT ENAl*TED BY THE LEGISI.ATURE OF THE STATE or WASHINGTON:

RCW 43.200.010 and 1983 lot ex.s. c 19 e 1 are each amended to read as Sec.

follows:

The legislature finds that the safe transporting, handling, storage, or otherwi>e

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ctring for radioactive wastes la required to protect the health, safety, and welfare of the citizens of the state,of Washington. It la the purpose of this chapter to ectablish einthority for the state to exercise appropriate oversight and carc for the safe management and dispocal-of radioactive wastep; to es.t.ablish authority for counties affected by t hts waste under the_f_ederal atomic enerov transportption of mill tad inos classifie.d as 11ef75 ct of 1957 to recover reasonable fees to_nlan _for and respond to the movement of such to consult with the federal government and other states on interim or permanent wasten;

storage of these radioactive wastems and to carry out the state responsibilitico under the fedural nuclear waote policy act of 1982.

A new section is added to chaptcr 43.200 RCW to read an follows:

NEW EECTIp,N sec.

a radioactive waste under the i

(1) When the transportation of waste classified as 11e(2) of 1952 from outside thw state into a county within the state is federal atomic energy act j

tuthorized under this chapter, any county through which such waste will be transported may 1

assepa county impact fees to cover the cost reaconably neccesary for the county to prepare for and respond to the movement of ouch vaste through the county.

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(2) County impact fees aescased under this section may be imponed by the affected c,1 1 Cr counties on the entity or untitiva responsible for transporting the wacte only after th MI/c 'Q;, Wk county legislature authority conducts an evidentiary hearing on the following: fy 5,*

%6 The potential transportation and safcty impacte resulting from the movement of g

(a) waste through the county, including the need to plan and preparc for possible degradation j

i of county roads, and potential accidents and spills; and (b) The extent to which the state plan for authorizing the transportation of suchb

- waste addresses the impacts on the af fected county.

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01712/99 Tty 10;30~FAI B09l456 2997 EWO gog3

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SENATE BILL 5067 State of Washington.

56th Legislature 1999 Regular Session By Senator Morton Read first time Referred to Committee on.

1 AN ACT Relating to the reclamation, closure, or decommissioning of 2a uranium or thorium mill or tailings facility; and amending RCW 3 70.121.030.

4 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

6 7

Sec. 1.

RCW 70.121.030 and 1979 ex.s. c 110 s 3 are each amended 8 to read as follows:

9 (1) Any' person who proposes - to operate a uranium or thorium mill 10 within the : state of Washington af ter January 1, 1980., shall obtain a 11 license from the department to mill thorium and uranium.

The period of 12 the license shall be determined by the secretary and shall be initially 13 valid for not more than two years and renewable thereafter for periods i

14.of not more than five years.

No license may be granted unless:

15 (a)~ The owner or operator of the mill submits to the department a 16 plan ' for reclamation and. disposal of tailings and for decommissioning 17 tho site that conforms to the criteria and standards then in effect for 18 the protection of the public safety and health; and

-19 (b).The owner of the mill agrees to transfer or revert to the 20 appropriate; state or federal agency upon termination of the license all 21' lands, bu11 dings, and grounds, and any interests therein, necessary to

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1 fulfill the purposes of this chapter except where the lands are held in

• 2 trust for or are owned by any Indian tribe.

3 (2) Any person operating a uranium or thorium mill on January 1, 4 1980, shall, at the time of application for renewal of his license to 5 mill thorium or uranium, comply with the following conditions for 6 continued operat. ion of the mill:

7 (a)

The owner or operator of the mill shall submit to the 8 department a plan for reclamation and disposal of tailings and for l

9 decommissioning the site that conforms to the criteria and standards 10 then in effect for the protection of the public safety and health; and 11 (b) The owner of the mill shall agree to transfer or revert to the j

12 appropriate state or federal agency upon termination of the license all 13 lands, buildings, and grounds, and any interests therein, necessary to 14 fulfill the purposes of this chapter except where the lands are held in 15 trust for or are owned by any Indian tribe.

16 (3) The department shall, after public notice and opportunity for 17 written comment, hold a public hearing to consider the adequacy of the 18 proposed plan to protect the safety and health of the public required 19 by subsections (1) and (2) of this section.

The proceedings shall be 20 recorded and transcribed.

The public hearing shall provide the j

21 opportunity for cross-examination by both the department and the person 22 proposing the plan required under this section.

The department shall 23 make a written determination as to the licensing of the mill which js 24 based upon the findings included in the determination and upon the 25 evidence presented during the public comment period.

The determination i

26 is subject to judicial review.

If a declaration of nonsignificance is 27 issued for a license renewal application under rules adopted under 28 chapter 43.21C RCW, the public hearing is not required.

29 (4) The department shall set a schedule of license and amendment 30 fees predicated on the cost of reviewing the license application and of 31 monitoring for compliance with the conditions of the license.

A permit 32 for construction of a uranium or thorium mill may be granted by the 33 secretary prior to licensing.

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(5) The department shall not approve a licence or the_ renewal of a 2 license for a, uranium or thorium mine, mill, or tailings facility, if 3 the license is based on a reclamation, closure, or decommissioning that 4 involves the _ receipt, storage, permanent impoundment, or disposal of 5 radioactive materials, including uranium or thorium mill tailings and 6 byproduct material, at a licensed site,or proposed licensed site as 7 defined by rule of, the department,,except where the_ Iadioactive 8 materials proposed for receipt,

storage, permanent impoundment, or 9 disposal, including uranium or thorium mill tailings and byproduct 10 material, is produced at a mine associated with, and under the same 11 operator or ownership as, the licensed site or proposed licensed sito.

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--- END ---

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01;'1W 99 WE 10:32 FAI ~$09 436 2997 Dio 21006 p

S-0346.1 SENATE BILI. 5072 1

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State of Washington 56th Logislature 1999 Regular Sossion By Senator Morton Read first time Referred to Committee on i

1 AN ACT Relating to the reclamation, closure, or decommissioning of 2a uranium or thorium mill or

ailings facility; and amending RCW 3 70.121.030.

4 5 EE IT ENACTED BY THE 1.EGISLATURE OF THE STATE OF WASHINGTON:

6 7

Sec.

1.

RCW 70.121.030 and 1979 ex.s. c 110 s 3 are each amended 8 to read as follows:

9 The Washington state department of health or any other state agency 10 may not issue any permits or grant permission to transport mill 11 tailings classified as lie (2) waste under the federal atomic energy act 12 of 1954 (42 U.S.C. Sec. 2011 et seq.).

13 (1) Any person who proposes to operate a uranium or thorium mill 14 within the state of Washington af ter January 1, 1980, shall obtain a 15 license from the department to mill thorium and uranium.

The period of 16 the license shall be determined by the secretary and shall be initially 17 valid for not more than two years and renewable thereafter for periods 10 of not more than five years.

No license may be granted unless:

19 (a) The owner or operator of the mill submits to the department a 20 plan for reclamation and disposal of tailings and for decommissioning 21 the site that conforms to the criteria and standards then in effect for p.

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s 1 the protection of the public safety and health; and

'2 (b) The owner of the mill agrees to transfer or revert to the 3 appropriate state or federal agency upon termination of the 1.icense all 4 lands, buildings, and grounds, and any interests therein, necessary to 5 fulfill the purposes of this chapter except where the lands are held in 6 trust for or are owned by any Indian tribe.

7 (2) Any person operating a uranium or thorium mill on January 1,

8 1980, shall, at the time of application for renewal of his license to 9 mill thorium or uranium, comply with the following conditjons for 10 continued operation of the mill:

11 (a)

The owner or operator of the mill shall submit to the 12 department a plan for reclamation and disposal of tailings and for 13 decommissioning the site that conforms to the criteria and standards 14 then in effect for the protection of the public safety and health; and 15 (b) The owner of the mill shal) agree to transfer or revert to the 16 appropriate state or federal agency upon termination of the license all 17 lands, buildings, and grounds, and any interests therein, necessary to Iff fulfill the purposes of this chapter except where the lands are held in 19 trust for or are owned by any Indian tribe.

20 (3) The department shall, after public notice and opportunity for 21 written comment, hold a public hearing to consider the adequacy of the 22 proposed plan to protect the safety and health of the public required 23 by subsections (1) and (2) of this section.

The proceedings shall be 24 recorded and transcribed.

The public hearing shall provide the 25 opportunity for cross-examination by both the department and the person 26 proposing the plan required under this section.

The department shall 27 make a writ. ten determination as to the licensing of the mill which is 28 based upon the findings included in the determination and upon the 29 evidence presented during the public comment period.

The determination 30 is subject to judicial review.

If a declaration of nonsignificance is 31 issued for a license renewal application under rules adopted under 32 chapter 43.21C RCW, the public hearing is not required.

33 (4) The department shall set a schedule of license and amendment 34 fees predicated on the cost of reviewing the license application and of l

35 monitoring for compliance with the conditions of the license.

A permit i

36 for construction of a uranium or thorium mill may be granted by the 37 secretary prior to licensing.

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1 (5) The department shall not approve a license or the renewal of a

• 2 license for a uranium or thorium mine, mill, or tailings facility, if 3 the license is based on a reclamation, closure, or decommiss'oning that 4 involves the receipt, storage, permanent impoundment, or disposal of 5 mill tailings classified as 11e (2) waste under the federal atomic 6 energy act of 1954 (42 U.S.C.

Sec. 2011 et seq.),

excep,,t. _whe re the 7 radioactive materials proposed for

receipt, storage, permanent 8 impoundment, or disposal, is produced at a mine associated with, and 9 under_the same operator or ownership as, the licensed site or proposed 10 licensed site.

11 END ---

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