ML20202C945

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Informs That NRC Conducted Cursory Review of Washington Legislative Proposals Faxed by Recipient Staff on 990112. There Were Three Legislative Proposals,Senate Bills 5069, 5067 & 5072
ML20202C945
Person / Time
Issue date: 01/19/1999
From: Lohaus P
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Robertson G
WASHINGTON, STATE OF
Shared Package
ML20202C949 List:
References
NUDOCS 9902010218
Download: ML20202C945 (6)
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UNITED STATES NUCLEAR REGULATORY COMMISSION f

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January 19, 1999 Gary L Robertson, Head Waste Management Section Division of Radiation Protection Department of Health 7171 Cleanwater Lane, Building #5 P.O. Box 47827 Olympia, WA 98504-7827

Dear Mr. Robertson:

We have conducted a cursory review of the Washington legislative proposals faxed to us by your staff on January 12,1999. There were three legislative proposals; Senate Bills 5069, 5067, and 5072.

Senate Bill 5059: As we understand this proposal, it appears to allow taxing of waste shipments through any county in the State to recoup costs to the county. The NRC staff evaluation is that this change would not be inconsistent with the current compatibility policy and implementing guidance.

Senate Bill 5067, Section 1, RCW 70.121.030 and 1979 ex.s. c 110 s 3: Paragraph (5) as written appears to prohibit the issuance or renewal of a license for the commercial disposal (taking waste from others) for 11e.(2) byproduct material. We have two comments on this provision:

(1) The provision appears to apply only to closure, reclamation, and decommissioning. It is unclear whether it would apply to material received for the purposes of processing. This could be clarified.

(2) As a general matter, NRC regulations allow licensees who possess 11e.(2) byproduct material to receive 11c.(2) material for disposal on a case by case basis if their license allows for such activity (see e.g.10 CFR 640.51). The compatibility designations in Part 40 do not specifically indicate that the Agreement States must allow licensees to conduct this type of activity. Nevertheless, to the extent that the legislation effectively prohibits the consolidation of mill tailings sites through transfer of material for disposal at other sites, it is possible that the NRC could find that the State provision precludes a practice in the national interest and, as such, raises a compatibility concern (see 02 FR 46517,46525; September 3,1997). We hasten to add, however, that the Commission has never specifically addressed this issue. As such, we are unable to provide a definitive agency position on the matter at this time.

Senate Bill 5072, Section 1, RCW 70.121.030 and 1979 ex.s. c 110 s 3: The opening paragraph states that the regulatory agency is prohibited from issuing permits or permission to transport 11e(2) byproduct material. This paragraph is very vague and appears to conflict with g

the Department of Transportation and NRC regulations for the safe transportation of radioactive materials between authorized individuals. This paragraph appears to prohibit the transportation i

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Gary L. Robertson JAN 191933 of materials authorized to be transported in paragraph (5) of this section which could prohibit i

the timely decommissioning of a facility where materials from one company were at severa!

locations. Since the intent of this paragraph is unclear and the language appears to conflict I

with Federal interstate commerce, this paragraph may be inconsistent with compatibility policy and implementing procedures.

Paragraph (5) of Senate Bill 5072: See comments on paragraph (5) of Senate Bill 5067.

If you have any questions on this letter, please call me at 301-415-2326 or Dennis Soller'berger at 301-415-2819.

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-l Gary L. Robertson # N 1 g 1993 of materials authorized to be transported in paragraph (5) of this section which could prohibit the timely decommissioning of a facility where materials from one company were at several locations. Since the intent of this paragraph is unclear and the language appears to conflict with Federal interstate commerce, this paragraph may be inconsistent with compatibility policy and implementing procedures.

Paragraph (5) of Senate Bill 5072: See comments on paragraph (5) of Senate Bill 5067.

If you have any questions on this letter, please call me at 301-415-2326 or Dennis Sollenberger at 301-415-2819.

Sincerely, Original Signed By:

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

Distribution:

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NAME DSollenberdd/M:nb PHLOhaus FCameronbW DATE 01/li/99 01/fV99 01/l'\\/69' OSP FILE CODE: SP-AG-29 y(

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Mr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40'" Street Phoenix, Arizona 85040-2940 i

Dear Mr. Godwin:

1 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 your letter 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 estab!ished 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 compatioliity 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.

Sincerely,

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Paul H. Lohaus, Deputy Director Office of State Programs Distribution:

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Mr. Aubrey, V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40th 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/ealing Arts, published in the Arizona Administrative Register on September 11,199 The regulations were reviewed byc,8, and submitted wit your letter of September 21,1998.

omparison to the equivalent NRC regulations in 10 CFR Part 30,31,32, and 35. W '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 fjrfal State regulation. However, we have determined that if your proposed regulations werdadopted without significant change, j

they would meet the compatibility and health and safdty categories established in OSP Procedure SA-200 (formerly, B.7).

We request that when the proposed regulatiop 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, "Regu'est 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 e comments, the compatibility and health categories, or any of the NRC regulations usepi'n the review, please contact me or Jim Myers of my staff at (301) 415-2328.

Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs Distribution:

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