ML20202D288
| ML20202D288 | |
| Person / Time | |
|---|---|
| Issue date: | 11/17/1997 |
| From: | Little I NRC |
| To: | Hankins G TEXAS, UNIV. OF, HOUSTON, TX |
| References | |
| NUDOCS 9712040226 | |
| Download: ML20202D288 (2) | |
Text
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[p%ft UNITED STATES E
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November 17, 1997 Mr. Grover Hankins, Director Environmental Justice Clinic Thurgood Marshall School of Law Texas Southern University Houston, Texas 77004
Dear Mr. Hankins:
We have reviewed your April 28,1997, letter regarding the " Administrative Complaint Concerning Discriminatory Practices of the Texas Low-Level Radioactive Waste Disposal Authority, Texas Natural Resc.ces Conservation Commission, Maine Advisory Commission on Radioactive Waste, and Vermont Low-Level Radioactive Waste Authority." Your letter contains a variety of concerns regarding a proposed low-level radioactive waste disposal facility in Hudspeth County, Texas. The Texas Low-Level Radioactive Waste Disposal Authority (TLLRWDA) has applied to the Texas Natural Resources Conservation Commission (TNRCC) for a limnse to construct and operate the facility. The concems raised by your submittalinvolve several different agencies, statutes, and areas of pciicy. In this response, we have addressed only those issues relevant to the U.S. Nuclear Regulatory Commission (NRC).
By way of background, we note that 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 NRC) entered into an Agreement with the State of Texas that discontinued NRC's authority overJegulatory. activities 10 the State involving certair1 categories..
of radioactive material as defined under the Atomic Energy e at (AEA). Tha authority acquired by Texas under the Agreement includes the regulation of low-level radioactive waste disposal.
Since the State of Texas exercises exclusive regulatory authority over this activity, any licensing action taken by the State pursuant to the Agreement is not an NRC action.
Among other things, your letter generally alleges racial discrimination under Title VI of the Civil Rights Act of 1964 by the TLLRWDA, TNRCC, the Vermont Low-Level Radioactive Waste Authority, and the Maine Advisory Commission on Radioactive Waste as a result of the propo.,ed facility. Title Vi prohibits discrimination based on race, color or national origin by recipients of Federal financial assistance. NRC's implementing regulations for Title VI are
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found at 10 CFR Part 4, Subpart A. In particular, NRC has jurisdiction to investigate the
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activities of recipients of NRC financial assistance in order to determine whether they have complied with the requirements of Title VI and NRC's Title VI implementing regulations. Under 4
$4.42 of these regulations, persons or classes of individuals may file a written complaint with NRC if they believe that they have been subjected to discrimination prohibited by NRC's Title Vi regulations.
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7 h prohibitions of Title VI and NRC's Title VI regulations apply only to the recipients of financial assistance provided by NRC, Currently, NRC provides some financial assistance to TNRCC in the form of travel and training and, as such, has jurisdiction to investigate the agency's compliance with NRC's Title VI requirements. NRC does not, however, provide financial assistance to the Texas Low-Level Radioactive Waste Disposal Authority, the Maine Advisory Commission on Radioactive Waste, or the Vermont Low-Level Radioactive Waste -
Authority. As such. NRC does not have jurisdiction over the Title VI claims against these entities.
At this time, 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. Adjudicatory hearings under TNRCC's licensing process are scheduled for January 1998, and final action will not occur until late 1998 at the earliest. Given the current status of TNRCC's licensing activities, the complaint is premature. As such, we have not, at this time, i
addressed the merits of the issues raised by your complaint under Title VI.
Your letter also indicates that NRC should conduct an environmental assessment of the propcsed facility. NRC prepares environmental assessments and environmentalimpact etatements as part of its compliance with the National Environmental Policy Act (NEPA) which generally requires federal a0encies to prepare an environmental impact statement for major federal actions significantly affecting the environment. In the context of the proposed low-level radioactive waste disposal facility, there is no current or planned NRC action that would trigger an NRC action under NEPA. Any licensing action for the facility will be made by TNRCC, not NRC.
Finally, your letter also raises concerns under the La Paz Agreement between the United States and Mexico. As you are aware, the La Paz Agreement identifies the EPA as the U.S. r.ational coordnator for its implementation, therefore, requests for information on the La Paz Agreement should be directed to EPA.
Sincerely, Original Signed By:
Irene P. Little Irene P. Little, Director Office of Small Business and Civil Rights OEDO bec:
DISTRIBUTION:
V. Wilson $66 Mr. Rafael DeLeon, Acting Director SDCR RF EDO G970 SBCR SF A. Thadani, DEDE Office of Civil Rights, USLPA E. Tucker, SBCR H. Thompson, DEDR K. Cyr, OGC J. Blaha, OEDO Mr. Corliss S. Moody Director Office of Economic Impact and Diversity, USD0c, R. Bangart, OSP S. Burns, OGC DEDM RF F. Cameron, OGC L. Callan, EDO H. Newsome, OGC DOCUMENT NAME: G:WANKINS.WPD
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