ML20205H917

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Staff Requirements Memo Re SECY-99-049, Compatability of Agreement State Programs That Prohibit Disposal of Mixed Waste
ML20205H917
Person / Time
Issue date: 04/06/1999
From: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
To: Cyr K, Travers W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 SECY-99-049-C, SECY-99-49-C, NUDOCS 9904090114
Download: ML20205H917 (2)


Text

(,,v*"*%,k RELEASED TO cue PDR UNITED STATES i

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NUCLEAR REGULATORY COMMISSION g

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OFFICE OF THE SECRETARY MEMORANDUM TO:

William D. Travers Executive Director for Operations j

Karen D. Cyr General Counsel y

FROM:

Annette Vietti-Cook, Secretary '

SUBJECT:

STAFF REQUIREMENTS - SECY-99-049 - COMPATIBILITY OF AGREEMENT STATE PROGRAMS THAT PROHIBIT THE DISPOSAL OF MIXED WASTE The Commission has disapproved the staff's recommendation that Agreement State programs that prohibit the disposal of mixed waste are compatible with NRC's regulatory program at this time. The staff should keep abreast of activities by the Conference of Radiation Control Program Directors in their efforts to develop criteria to allow the disposal of mixed waste and keep the Commission informed on these matters. The staff should also keep the Commission I

informed of progress in the technical assistance being provided to EPA in an effort to provide g

increased flexibility in permitting LLW disposal facilities to accept mixed waste pursuant to the Resource Conservation and Recovery Act (RCRA).

)@IJ3 The Commission requests Office of General Counsel (OGC) interpretation of the legal requirements and the potential ramifications of each option discussed in SECY-99-049, arid any sdditional option which OGC believes may be appropriate. In particular, the analysis should include a discussion of whether the NRC has the authority to require Agreement States to allow for disposal of mixed waste, and consider the merits of deferring a decision pending a more satisfactory resolution of the mixed waste problem at the Federallevel.

(OGC/EDO)

(SECY Suspense:

7/30/99) m e

9904090114 990406 g grggof PDR 10CFR PDR PT9.7 c.ga24

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cc:

Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC CIO -

CFO OCA OlG OPA i

Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

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