ML20205J441
| ML20205J441 | |
| Person / Time | |
|---|---|
| Issue date: | 03/08/1999 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20205J400 | List: |
| References | |
| SECY-99-049-C, SECY-99-49-C, NUDOCS 9904120047 | |
| Download: ML20205J441 (2) | |
Text
NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary 3
FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-99-049 - COMPATIBILITY OF AGREEMENT STATE PROGRAMS THAT PROHIBIT THE DISPOSAL OF MIXG.D WASTE Approved Disapproved {
Abstain Not Participating COMM5NTS:
See attached comments.
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e SIGNATURE lJ(
J k, I 0 '!'i DATE Entered on "AS" Yes
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No
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CORRESPONDENCE PDR 9704/L 00 47
,(c'pmissioner McGaffiaan's Comments on SECY-99-049 1
At this time, I disapprove the staff's proposed position that Agreement State programs that prohibit the disposal of mixed waste be found compatible with the NRC's program. While I commend the staff for attempting to resolve the generic issue-the compatibility of Agreement State programs that prohibit the disposal of mixed v'aste in low-level waste-such a decision would be premature in view of current Federal and State efforts in this area.
In a January 27,1999 staff requirements memorandum, the Commission approved the stars proposal to provide technical assistance to the Environmenta! F mtection Agency (EPA) in its efforts to provide increased flexibility to mixed waste generators by allowing the disposal of
.some mixed wastes in facilities permitted to accept hazardous waste pursuant to the Resource Conservation and Recovery Act (RCRA). NRC is also assisting EPA in its efforts to allow the disposal of certain mixed wastes in licensed low-level waste facilities. These efforts may necessitate revision of current Part 61 low-level waste disposal rec.-'irements and therefore any deterraination that the Commission may make now on mixed waste compatibility issues would need to be revisited as part of this effort. I am also sensitive to the legalissue briefly mentioned in the staff paper regarding whether NRC has the authority to require Agreement States to allow the disposal of mixed waste since it contains a hazardous component as well as a radiological component. Therefore I suggest that as part of the ongoing staff effort to assist EPA, the Office l
of the General Counsel should further explore the legalissues and provide input to the
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Commission as part of the staff's efforts to keep the Commission informed on these matters.
With regard to the States' efforts in this area, it is my understanding that the Conference of Radiation Control Program Directors also intends to develop criteria to allow the disposal of mixed waste in RCRA facilities, as envisioned by EPA and NRC, as well as the disposal of RCRA waste in low-level waste facilities. The staff should keep abreast of the CRCPD efforts in i
this area.
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