ML20205J450
| ML20205J450 | |
| Person / Time | |
|---|---|
| Issue date: | 03/08/1999 |
| From: | Merrifield J 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 9904120050 | |
| Download: ML20205J450 (2) | |
Text
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l NOTATION VOTE 1SPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MERRIFIELD
SUBJECT:
SECY-99-049 - COMPATIBILITY OF AGREEMENT STATE PROGRAMS THAT PROHIBIT THE DISPOSAL OF MIXED j
WASTE Approved Disapproved x
Abstain Not Participating COMMENTS:
See attached comments.
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March 8, 1999 DATE Entered on "AS" Yes x
No is"$odiO E0f CORRESPONDENCE PDR MM7z00$o
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- Commissioner Merrifield's comments on SECY-99-049
Without an OGC interpretation of the legal requirements and the potential ramifications of each option, I do not approve the staff proposal that States be allowed to exclude mixed waste in a low level radioactive waste disposal facility by State legislation. The paper should be resubmitted once OGC's input is received. My initial inclination is that in order to ensure a consisterJt national policy and to prohibit formation of an orphan waste in a compact or State we should not allow States to exclude mixed wastes by State legislatiort from a low-level radioactive waste repository. Nevertheless, I would like to have the benefit of OGC's analysis prior to making a final decision.
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UNITED STATES
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April 6,'1999 OFFICE OF THE SECRETARY MEMORANDUM TO:
William D. Travers Executive Director for Operations Karen D. Cyr General Counsel q
w FROM:
Annette Vietti-C.cok, 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 informed of progress in the technical assistance being provided to EPA in an effort to provide h
increased flexibility in permitting LLW disposal facilities to accep mixed waste pursuant to the Resource Conservation and Recovery Act (RCRA).
The Commission requests Office of General Counsel (OGC) interpretation of the legal requirements and the potential ramifications of each option disc,ussed in SECY-99-049, and any additional option which OGC believes may be appropriate. In particular, the analysis should include a discussion of whether the NRC has the authority to rec,uire 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 Federal level.
(OGC/EDO)
(SECY Suspense:
7/30/99)
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cc:
Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan 1
Commissioner Merrifield OGC CIO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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