ML20203F369

Expresses Appreciation for to Chairman Jackson, Which Transmitted Correspondence & License Amend from Nevada State Health Div That Transfers License of Beatty LLW Disposal Facility from Us Ecology,Inc to State of Nv

ML20203F369
Person / Time
Issue date:	02/17/1998
From:	Bangart R NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Nagel J AMERICAN ECOLOGY CORP.
Shared Package
ML20203F375	List: ML20203F369
References
NUDOCS 9802270274
Download: ML20203F369 (6)

Text

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FEB 171998 Mr. Joe Nagel i Chief Operating Officer American Ecology Corporation 805 W, Idaho, Suite 200 Boise, ID 83702 8916 l

Dear Mr. Nagel:

Thank you for your letter to Chairman Jackson dated January 19,1998, which transmitted correspondence and a license amendment from the Nevada State Health Division that transfers the license of the Beatty low level radioactive waste disposal facility from U.S. Ecology, Inc., to the State of Nevada, Department of Human Resources, Health Division, Bureau of Health Protection Services.

We tvould like to point out that NRC will actively serve as a " commenting agency" on the Supplementel Erivironmental Impact Statement (SEIS) for the transfer of land from the Federal government to tha State of California, for the development of the Ward Valley low level <

radioactive waste disposal facility, according to the Council on Environmental Quality regulations in 40 CFR 1503.2,

• Duty To Comment." Please refer to the enclosed letter from Chairman Jackson to Secretary of Interior Bruce Babbitt, dated July 22,1997, for additional informatio.1.

Sincerely, INCf L. A JG Richard L. Bangart, irector Office of State Programs t

Enclosure:

As stated Distribution: _

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Mr. Joe Nagel Chief Operating Officer American Ecology Corporation 805 W. Idaho, Suite 200 Boise, ID 83702 8918

Dear Mr. Nagel:

Thank you for your letter to Chairman Jackson dat d January 19,1998, which transmitted correspondence and a license amendment from th Nevada State Health Division that transfers the license of the Beatty low level radioactive waste isposal facility from U.S. Ecology, Inc., to the State of Nevada, Department of Human Resource,s, Health Division, Bureau of Health ProtecHon Services.

We would like to point out that NRC will actively serve as a

• commenting agency" on the Supplemental Environmental Impact Statement (SEIS) lor the transfer of land from the Federal government to the State of California, for the developmht of the Ward Valley low level radioactive waste disposal facility, according to the Coungit on Environmental Quality regulations in 40 CFR 1503.2, ' Duty To Comment.' Plea 6e refer to the enclosed letter from Chairman Jackson to Secretary of Ir:terior Bruce Babbitt, dated July 22,1997, for additional information. \

Sincere ,

Richard L.pangart, Director Office of St te Programs

Enclosure:

As stated Distribution:

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SDroggitis PDR (YES V _ NO )

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t Mr. Joe Nagel  ;

Chief Operating Officer  !

Amencan Ecology Corporation i 805 W. Idaho, Suite 200 i Boise, ID 83702 8916 1  !

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Dear Mr. Nagel:

j Thank you for your letter to Chairman Jackson dated Jknuary 19,1998, which transmitted i correspondence and a license amendment from the Nevada State Health Division that transfers the license of the Beatty low level radioactive waste disposal facility from U.S. Ecology, Inc., to the State of Nevada, Department of Human Resources, Health Division, Bureau of Health Protection Services.  !

We would like to point out that NRC will actively serve as a " commenting agency" on the Supplemental Environmental Impact Statement (SEIS) for the transfer of land from the Federal government to the State of California, for the development'of the Ward Valley low level radioactive waste disposal facility, according to the Council on Environmental Quality regulations in 40 CFR 1503.2, ' Duty To Comment." Please refer to the enclosed letter from Chairman Jackson to Secretary of Interior Bruce Babbitt, dated July 22,1997, for additional information.

Sincerely, Richard L. Bangart, Director Office of State Programs

Enclosure:

As stated Distribution-DIR RF (8G048) DCD (SP08)

SDroggitis PDR (iES.f NO )

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. . . . . February 17, 1998 Mr. Joe Nagel Chief Operating Officer American Ecology Corporation 805 W. Idaho, Suite 200 Boise, ID 83702 8916

Dear Mr. Nagel:

Thank you for your letter to Chairman Jackson dated January 19,1998, which transmitted correspondence and a license amendment from the Nevada State Health Division that transfers the license of the Beatty low-level radioactive waste disposal facility from U.S. Ecology, Inc., to the State of Nevada, Department of Human Resources, Health Division, Bureau of Health Protection Services.

We would like to point out that NRC will actively serve as s ' commenting agency" on the Supplemental Environmental Impact Statement (SEIS) for the transfer of land f um the Federal government to the State of Califomia, for the development of the Ward Valley aw level radioactive waste disposal facility, according to the Council on Environmental Quality regulations in 40 CFR 1503.2,

• Duty To Comment." Please refer to the enclosed letter from Chairman Jackson to Secretary of interior Bruce Babbitt, dated July 22,1997, for additional information.

Sincerely, f) -

IckC:i in p.:

Richard L. Bangart, Director [

Office of State Programs

Enclosure:

As stated

[%[S UNITED STATES NUCLEAR RECUT.ATORY COMMISSION

[ S wAsHIN GTON. o.C. Seeweeri July 22,1W7 k...+

o (MM%MN The Honorable Bruce Babbitt Secretary U.S. Department of Interior Washington, D.C. 20240

Dear Secretary Babbitt:

I am wrtting on behntf of the U.S. Nuclear Regulatory Commission (NRC) to share our views related to the Department of interior's (DOI) actions regarding the proposed Ward Valley low.

level radioactive waste (LLW) disposal facilrty in Califomla, in February 1996, DOI announced that it would prepare a second supplement to an environmental Impad statement (SEIS) for the transfer of land from the Federal govemment to the State of Califomia, for the development of the Ward Valley low level radioactive waste (LLW) disposal facility. We understand that DOI has identified 13 issues that it believes need to be addressed in the SEIS. dol also stated that it would not make a decision on the land transfer until the SEIS was completed. NRC will actively serve as s *oomm9nting agency" on the SEIS in accordance with the Council of Environmental Quality regulations in 40 CFR 1503.2, " Duty To Comment." NRC's interest in the Ward Va' ley disposal facility is focussed on protection of public heatth and safety, and many of the 13 isauta to be addressed in the SElS are related to our areas of expertise. M e commenting spatcy, we will review the draft SEIS, and provide comments based on the requirements in federallaw and regulations, and our knowledge of policy, technical, and legal issues in LLW management We would also be available to discuss these issues with dol, bo',h beform and after publiation of the draft SElS.

On a rolsted matter, it is our understanding that Deputy Secretary John Garamendi of DOI held a press conference on Juty 22,1996, addressing the effect of Ward Valley facility availability on the use of radioisotopes in medidne and medical research. it was recently brought to our attention that 001 distributed a document entitled, '1/,edical, Research, and Academic Low Level Radioactive Waste (LLRW) Fact Sheet" at the press conference. This Fed Sheet contains several errors and statements that may mislead the reader. To assist DOI, we have addressed these errors and statements in the endosure to this letter Some of the points contained in the Fed Sheet are useful and contribute to the dialogue on this issue; however, NRC is concemed that some of the subjective information of the document is charadertred as factual. We are particularly concer,,ed by the statement that the NRC defin} tion of LLW "...is an unfortunate and misleading catch all definition..." in fact, NRC's definition is taken from Federal law, specifically the Low-Level Radioactive Waste Policy Act of 1980, and the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA).

Additionally, it is NRC's view that some of the information that wLs referenced or relied on in y;o,')7 5CC gp.

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the Fact Sheet may not represent a balanced perspective based on facts. Fw example, a table of the sources and amounts of radioactive waste that is projected to go to the Ward ,

Valley facility is erroneously attributed to NRC, the U.S. Department of Energy (DOE), U.S.

J Ecology, the Southwestem Compact, and the Ward Valley EIS. Raw data frcm the sources l l guoted appear to have been interpreted based on uncertain assumptions about future '

i activities of generators to produos the fleures in the table. Additionally, NRC noted that the

! figures in the table are identical to those in a March 1994 Committee to Bridge the Gap i report.

4 With respect to the relationship between LLW disposal policy and medicine and medical .

I research, we note that the National Academy of Solences Board on Radiation Effects Research has prepared a Prospectus for a study entitled,'The impact of UnNed States Low.

J Level Radioactive Weste Management Policy on Biomedical Research." The study would, ,

4 among other things, " Evaluate the effects of higher disposal costs and on elle storspe on the outront and future activNies of biomedical research, including the effects of stats non-compliance [with the LLRWPAA of 1980) on institutions conducting biological and biomedical i research and on hospitals who's radioisotopes are crucial for the diagnosis and treatment of i disease." Thus, the issue of medical uses of radioisotopes and how they have been effected '

by the Ward Valley process is far less clear than the Fact Sheet portrays.

Finally, since there are no formal arrangemente that permit NRC to review and comment on the technical accuracy of various DOI documents on LLW and Ward Valley, we may not be ,

aware such documents exist, thus the absence of NRC comments does not imply an NRC 4 judgment with Taspect to the technical accuracy or completeness of such documents.

I trust our comments will be helpful in your efforts to address Ward Valley issues.

Sincerely, L

l Shirley Ann Jackson i i

Enclosure:

As stated t

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- NRC STAFF COMMENTS ON THE DEPARTMENT OF INTERIOR

" FACT SHEET *' /

1. The Fact Sheet contains a projection of LLW to be sent to the Ward Valley disposal

. facility over Ns 30 year Iffe, and attributes the table to the Department of Energy, the l

U.S. Nuclear Regulatory Commission, the Southwestem Compact, U.S. Ecology, and the Ward Valley environmental impact statement, in fact, the figures in the table are '

j identical to those in a table from a March 1994 Committee to Bridge the Gap report, j are substantially different from Califomia projections, and are based on assumptions

that are rd identified. The actual assumptions used are contained in the Committee

to Sridge the Gap report and minimize the amount and importswo of the medical i weste stream.

2. The Fact Sheet is incomplete in that it provides only anecdotal evidence of the impact i of not having the Ward Valley disposal facility ev611able to medical generators, ,

Although its arguments about short4ived radionuclides appear to be generally true, l

the Fact Sheet downplays the effects on generators that use longer 4tved radionuclides. According to the Fact Sheet, there are an estimated 53 research 4 hospitals 'n Califomia, out of some 500 hospitals overall. The Fact Sheet describes i the impact at three of these research organizations and concludes that they can manage their waste, either by disposing of it at an out of-state facility (Samwell or Envirocare), storing it, or, for sealed sources, sending them back to the manufacturer.

The Fact Sheet concludes that there is no health and safety impact from the approach, but does not address broader issues such as the continued availability of i existing dispresal sites as an option, and the fact that transferring a sealed source to a manufacturer does not eliminate the problem, but simply shifts it from one i organization to another,

3. The Fact Sheet Joes nct address the more complex issues concoming ute of radioisotopes in medicine, such as how medical rssearch in general has been affected

by issues such as disposal and storage cost increases, and the need to switch from longer lived radionuclides to short lived nuclides or non-radioactive materials. The i National Academy of Sciences Board on Radiation Effects Research has prepared a

Prospectus for a study entitled "The impact of Uritted States Low-Level Radioactive Weste Management Policy on Sioiwdical Research." The study would, among other things, " Evaluate the effects of higt.or disposal costs and on site storage on the ouffent and future actMties of biomedical research, including the effects e, state non-j . compliance on institutions conducting biological and biomedical research and on 1 hospitals where radioisotopes are crucial for the diagnosis and treatmen* W disease."

i Thus, the issue of medical uses of radioisotopes and how they have be. Jtected by i the Ward Valley process is far less clear than the Fact Sheet portrays,

' '14edical, Research, and Academic Low Level Radioactive Weste (LLRW) Fact Sheet."

U.S. Department of Interior, Office of the Deouty Secretary, Distributed at a press conference of the Deputy Secretary on July 22,1996.

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[ 4. The Fad Sheet charactertres the NRC deAnttion of LLW in 10 CFR Part 61 as i

• unfortunate and misleading" because N includes both long4Ned and shortdived

radionucJides. M falls to acknowledge that this deAnNion is contained in Federal law (the Low Level Radioactks Weste Policy Act of 1980 and the Low Level Radioactive Waste Po!!cy Amendments Act of 1985) and that information on the kinds and

a

nourus of radionuclides contained in LLW for .u disposalis widely available in NRC regulations and/or NUREGS, and from DOE. In der:ti oping Part 61 in the early 16tos, NRC rought publi: comment on the proposed rule, and provided extenske information o) the ammptions, analyses, and proposed content of the regulation for

. review. In develoW he regulations for LLW, including how different classes are i denned, NRC reosked and considered extensNe public input. Four >gional l

workshops were heH, and 107 persons commented on the draft rulenking, for 10

- CFR Part 61, which defines LLW. In short, NRC oncoursped public invokoment in j

• developing the definition of, and defining the risk assoolated with, LLW.

The Fact Sheet focuses on the half 4tfe of radionudides, but falls to discuss risk to the

. public from the effects of ionming radiation and how they are affeded by the half Irfe of radionuclides. Public health and safety is measured in terms of risk, not half 4 fe.

Risk is a function of radiation dose, and the determination of risk depends or a variety )

of faclors, including the type of radiation emitted, the concentration of radionuclides in the medium in which they are present, the likelihood that baniers isolating the radionuclides will be effective, and the likelihood of exposure if radioactke materials sto not fully contained. The Fact Sheet is misleading when it states that the hatf life of l* used in medicine is 13 hours1.50463e-4 days <br />0.00361 hours <br />2.149471e-5 weeks <br />4.9465e-6 months <br />, and that of l* from nuclear power plants is 16 l million years and that N remains hazardous for 160 320 million years. Ettber isotope con be a risk to the public, depending upon the other factors discussed above, anc'

half 4tfe by itsalf does not ind!cate risk, i 5. In the definition section, the Fact Sheet deAnos "redioactNo half 44fe" as 'The genera!

, rule is that the hazardous life of a radioactive substance is 10 20 times its half 4ife "

This definnion contains a new term (hazardous life) rd used by the national or I

intomational health physics or radiation protection communities, and not defined in the

Fe". Sheet. l

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4 ACTION (

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i EL*O Principal Correspondence Control 4

l FROM - DUE: / / EDO CONTROL G980048

-DOC:DTt 01/19/98

, _ Joo Hagel FINAL REPLY:

-Am3rican' Ecology 1 TO:

Chairman Jackson '

FOR SIGNATURE OF : ** GRN **

CRC NO: 98-0062

~DESC ROUTING:

NEVADA'S RADIOACTIVE MATERIAL LICENSE Callan '

Thadani Thompson

Norry Blaha 5 DATE: 01/28/98 Burns Paperiello,NMg i' ASSIGNED tot CONTACT L a

SP Yc Bangart-yO (J)

SPECIAL INGTRUCTIONS OR REMARKS "

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4 For' Appropriate Action. N u"

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. E OFFICE OF THE SECRETARY

, CORRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC .a8-0062 LOGGING DATE: Jan 26 98 '

ACTION OFFICE: EDO r

- AUTHOR: JOE NAGEL AFFILIATION: IDAHO ADDRESSEE: CHAIRMAN J1CKSON LLETTER DATE: Jan 19 90 FILE CODE: MAT. 20

SUBJECT:

NEVADA' RADIOACTIVE MATERIAL LICENSE NO.

13-11-0043-02

- ACTION: Appropriate DISTRIBUTION: CHAIRMAN, COMRS.  ;

3 SPECIAL HANDLING: NONE CONSTITUENT:

NOTES:'

DATE DUE:

, SIGNATURE: . DATE SIGNED:

AFFILIATION:-

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4 4

4 EDO -- G980043

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