ML20210S711
| ML20210S711 | |
| Person / Time | |
|---|---|
| Site: | Satsop |
| Issue date: | 05/12/1977 |
| From: | Weholt R COMRAN CORP. |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20210S705 | List: |
| References | |
| CON-WNP-1626 NUDOCS 8605290365 | |
| Download: ML20210S711 (8) | |
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/ 2. 17 THE CAMRAN CORPORATION 3 0 4 0 W. C O M M O D O R E WAY + (2 0 6) 2 8 5 0700 S EATTLE. WAS HIN GTO N 9 819 9 -
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D Hay 12, 1977 s.
Director of Nuclear Reactor Regulations U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Attention: Mr. Jim Murray
Dear Mr. Murray:
Enclosed is a copy of our appeal mailed May 6,1977 to the Director.
Yours very truly.
THE CAMRAN CORPORATION Ray Weholt RW:gm Enclosure ear e
D 8605290365 770518 PDR ADOCK 05000508 L
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i APPEAL FROM EFSEC RESOLUTION No. 119
- 1. Appealing Party The Camran Corporation 3040 W. Commodore Fay Seattle, Washington 98159
- 2. Action Appealed From Washington State Energy Facilities Site Evaluation Council (EFSEC) Resolution No. 119,' April 25,.1.977 which authcrized an open burning permit for Washington Public Power Supply Systems (WPPSS) on WPPSS Nuclear Projects No.'3 and No. 5, Elma, Washington.
The resolu-tion waives the requirement for WPPSS t,o comply with WAC 18-12 as required by the Nuclear Regulatory Commis-sion (NRC) Limited Work Authorization (LWA).
- 3. The Project The project involves clearing, grubbing and disposal of land clearing wastes (stumps, cull logs, slash) from 470 acres of main site and access roads on the WPPSS Nuclear Projects No. 3 and No. 5 near Elma, Washington.
The prime contractors to WPPSS are J. J. Welcome and S. J. Groves on two separate contracts.
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- 4. Limited Work Authorization (LWA)
Item 4 of the NRC Limited Work Authorization states as follows:
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If chipping cannot be utilized, the material will be burned in accordance with Washington State Department.of Ecology open burning regulation Chapter 18-12 WAC.
WAC 18-12 WAC 18-12, effective February 4, 1972 was a'pproved by the Environmental Protection Agency as part of the State of Washington Air Quality Implementation Plan on May 31, 1972.
Amendments to WAC 18-12 dated October 5, 1973 were approved by the Environmental Protegtlon Agency on October 22, 1975 (FRL 447-3).'
The pertinent provi, sions of WAC 18-12 include:
WAC 18-12-020 Applicability The provision of this chapter shall apply to open burning in all parts of the State except to:
(2)
Open burning within the boundaries of any activated air pollution control authority where such authority is enforcing its own requirements l
for the control of open burning which are no less stringent than the requirements set forth in j
this. chapter.
WAC 18-12-075 Commercial Open Burning (1)
No permit shall be issued for commercial l
open burning and no commercial open burning shall be conducted (d) where an approved practical alternate method of disposal certified under WAC 18-12-110 is reasonably.available.
(2)
No commercial open burning shall be conducted.,
without a permit from the Depar.tment.
Permits shall be issued only ift (a) none of the provisions of WAC 18-12-075 (1) would be violated by the burning; and (b) the applicant demonstrates that no approved practical alternate method of di'sposal certified under WAC 18-12-110 is reasonably availabler and
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(c) the applicant demonstrates that burning requested is reasonably necessary to success-fully carry out the enterprise the applicant is engaged in; and (d) the burning will not violate any regula-tion of a loc.al fire protection agency autho-rized to issue burning permits in order to prevent or abate nuisance or any local county or city ordinance or resolution pertaining to nuisance.
j WAC 18-12-110 Certification of Alternatives to Open Burning (1)
In order to further the policies of this chapter and the policies expressed in Chapter 70.94 RCW the Department will undertake to cer-tify its approval of alternate methods of disposal of combustible waste materials.
(2)
Certification procedures herein may be ini-tiated by the Department or upon the request of any person who makes a proposal for certification to the Department.
(3) ' Certification of any alternate shall be made only after public hearing when the Department concludes on the basis of information available to it that use of the alternate would be reasonably economical and less harmful to the environment than open burning in identified circumstances.
- 6. Certification Order The Camran Curtain Combustion System was certified on August 1, 1975 effective September 2, 1975 as an alternative to open burning which is " reasonably'economi-cal and less harmful to the environment" on a11 land clearing. projects over five acres in size, if the syste*
was available in a reasonable length of time and at a cost not to exceed $900/ acre for disposal.
- 7. Availability of the Camran System on April 18, 1977 Raymond L. Weholt stated in a telephone conversation to Mr. Wise, of WPPSS, that the
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Camran Air Curtain Combustion System was available to the WPPSS No. 3 and No. 5 projects at a cost esti-mated at $500/ acre in conformance with the time require-ments for the project, and in compliance with WAC 18-12.
On April 25, 1977 this statement was also made for the record at the EFSEC council meeting.
At that meeting 6
l; the use of certified alternatives'was recommended by the Department of Ecology representative to the council.
The Department of Natural Resources representative on the council vigorously opposed the use of certified alter-natives based on increased cost.
At least two members of the council stated for the record there was not sufficient information nor time to make a reasoned j udgment. -
The decision of the councii was to authorize issuance of a Department of Natural Resources open burning permit for the project, thus waiving the'NRC requirement to comply with WAC 18-12.
- 8. Department of Natural Resources Jurisdiction j
The Department of Natural Resources jurisdiction i
related to open burning is defined by RCW 70.94.660 which states as follows:
70.94.660 Burning Permits for Abating or Prevention' l
of Forest Fire Hazards, Instruction or Silvacultural-l Operations--Issuance The Department of Natural Resources shall have the responsibility for issuing and regulating burn-ing permits required by it relating to the follow-ing activities declared to be for the protection.
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k of life or property and/or in the public welfare:
(1)
Abating a forest fire hazard; (2)
Prevention of a fire hazard; (3)
Instruction of public o'ficials in methods f
of forest fire fighting,. and (4)
Any silvacultural operation to improve the forest lands of the state (1971 1st ex.s. c 232 5 2).
The Department of Natural Reso'rces does not have u
statutory authority to issue permits on projects such as WPPSS No. 3 and No. 5 which invol,ve land clearing,
for the purpose of changing the use of the cleared-land.
- 9. Preferential Treatment The subject contracts were bid under the provisions and requirements of WAC 18-12-110.
Inhaivingthe requirements of this regulation, EFSEC and'WPPSS are providing. preferential treatment to Satsop contractors, 1
not enjoyed by those contractors who bid the project l
' expecting that the laws and regulations of the State of Washington would be enforced.
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- 10. Washington Clean Air Act The Washington Clcan Air Act requires state agencies l
l to minimize open burning, strictly regulate and control.,
it, and end it as soon as alternate technology has been i
" developed."
RCW 70.94.740 states:
70.94.740 Limited outdoor burning--policy It is t,he policy of the state to achieve and main-4 l -
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i tain high levels of air quality and to this end to minimize to the greatest extent reasonably possible the burning of outdoor dires.. Consistent with this policy, the legislature declares that such fires should be allowed only'on a limited basis under strict regulation and close control.
70.94.745 Limited outdoor burning--Program
- It shall be the responsibility and duty of the Department of Natural Resources, Department of Ecology, fire districts and local air pollution control authorities, to establish, through regula-tions, ordinances or policy, a limited burning program for the people of this state, consisting of a one-permit system, until such time as an alternate technology or method of disposing of the organic refuse described in this chapter shall l
have been developed which is reasonably economical and less' harmful to the environment.
It is the policy of this state to encourage the fostering and development of such alternate method or technology.,
Consistent with tlais policy, Governor Daniel J.
Evans vetoed a portion of SHB 46 (which became Ch. 136, Laws of 1st Ex. Sess. 1972, now RCW 70.94.740 et seq) and in his veto message wrote as'follows:
l To the Honorable, i
The House of Representatives of the State of Washington (Through the Secretary of State) t l
Ladies and Gentlemen:
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I am filing herewith to be transmitted to the House of Representatives at the next session of l
the, Legislature, without my approval as to one item, Substitute House Bill No. 47, entitled:
i "An Act Relating to air pollution control."
l house Bill 47 provides for certain types of out-door burning on a limited basis, under strict regulation and close control'so as to achieve and maintain high levels of air quality.
In addition, it directs state agencies to establish a one-permit system for burning permits until an alter-nate technology or method of disposing of the organic, refuse shall have been developed.
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i It is clear from section 1 of the bill that the Legislature intended a comprehensive regulation and control of outdoor burning inthe categories allowed and that the best available methods for controlling burning are to be required.
1972 Journal of the House of Representatives, pp 1426-1427 Reflecting this philosophy, the Department of Ecology adopted WAC 18.12.010 which states as follows:
WAC 18-12-010 PURPOSE.
This chapter, for the control of open burning in the state is adopted under the provisions of chapter 70.94 RCW, as amended, in order to:
(1)
Minimize the impact of emissions from open burning; (2)
Establish rules and procedures by which open burning may be conducted; (3)
Encourage the development and use of l
alterne.te methods of disposal of combustible waste materials.
(Order 72-2, 318-12-010, filed 1/24/72, 2/2/74).
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The resolution appealed from does not seek to minimize open burning but to protect it.
- 11. Relief Sought It is requested that the Nuclear Regulatory Commis-sion require,WPPSS compliance with Item 4 of the Limited Work Authorization relating to WAC 18-12.
It is further requested that NRC order no further open burning on the project until this issue is resolved.
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