ML20212K287
| ML20212K287 | |
| Person / Time | |
|---|---|
| Issue date: | 10/03/1986 |
| From: | Starmer R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Jim Hickey NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20210H056 | List:
|
| References | |
| FOIA-87-47 NUDOCS 8703090265 | |
| Download: ML20212K287 (5) | |
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,4 OCT 0 3 iso 6 MEMORANDUM FOR:
John Hickey, Section Leader Materials Licensing Branch Division of Fuel Cycle and Material Safety, NMSS FROM:
R. John Starmer, Section Leader Low-Level Waste and Uranium Recovery Projects Branch Division of Waste Management, NMSS
SUBJECT:
REVIEW OF WASTE MANAGEMENT SECTIONS OF THE APPLICATION FOR AGREEMENT STATE STATUS BY THE STATE OF ILLIN0IS Per your request to John S tarmer (dated 09/11/86), the Low-Level Waste Section staff has reviewed the sections of the Illinois draft Application for Agreement State Status (dated 09/08/86) which relate to low-level waste (LLW) management.
As part of the review, staff also reviewed drafts of Volume. II Statutes, and Volume III, Regulations.
Overall, as in our 08/21/85 review of an earlier draft, we find the proposed Illinois program to be compatible with the NRC program for management of low-level waste and could find nothing in the application that would preclude the granting of agreement state status based on inadequacies in the low-level waste management program.
We offer the following observations for your consideration in your response to the Office of State Programs.
1)
The application is unclear as to Illinois' internal mechanism for developing and regulating a low-level waste site. For instance, will the process be similar to that of Texas or California or will some other process be used?
Will the Illinois Department of Nuclear Safety (IDNS) undertake all three roles of developer, landlord, and regulator, and how will separation between these roles be instituted?
2)
The section on the Sheffield Low-Level Waste Disposal Facility lacks detail on closure and post-closure activities. For instance, no infomation is given on: the time table for state takeover, what group will have which responsibilities during what time period, specific activities that can be expected, or plans for the legal proceedings in the Thirteenth Judicial Circuit of Bureau County, Illinois.
3)
Nowhere in the applicable Illinois statutes, or in supporting regulations, is there a specific requirement for an Environmental Report or 1
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' Environmental Impact Statement in support of activities related to low-level waste disposal.
Illinois Revised Statute 1985. Supp. ch. Illi,
- p. 241-10d does require an Environmental Impact Study of proposed LLW sites.
4)
Illinois enabling legislation (Illinois Rev. Statute 1985, ch.127,
- p. 63b17) appears to give IDNS adequate authority to carry out its low-level waste management responsibilities. The legislation gives IDNS the prime responsibility for state waste management activities, some of which will be carried out "in cooperation with" (111. Rev. Stat.1985 ch.111 1, par.
241-10) other state agencies such as the State Geologic and Water Resources Surveys. Some mechanism, such as memoranda of understanding, should be established between IDNS and the other agencies to outline the procedural steps for coordination of waste management activities.
5:
It is unclear as to whether IDNS or IEPA or both would have authority over the disposal of mixed waste. The State Environment Protection Act (Illinois Rev. Statute 1983, par. 1004, 1025a-1025b, 1030-1045) seems to give IEPA authority over LLW sites with mixed waste. However, the enabling legislation (Illinois Rev. Statute 1985, ch.127, par. 63b17) transfers some of IEPA's powers to IDNS, particularly relating to power plants and reprocessing plants. OELD should ascertain whether or not this transfer of powers also applies to LLW sites.
6)
The staffing list (p. 27) is unclear as to how many full time positions versus part time positions are slated for each discipline.
7)
OELD should ascertain if the application should rovide for revision of state regulations as necessary should NRC chang its regulations.
8) 1111nois regulations for land disposal of low-level radioactive waste (32 Illinois Adm. Code 601) and portions of the Standards for Protection Against Radiation (32 Illinois Adm. Code 340) are generally compatible with the intent of 10 CFR 61 and 10 CFR 20.
In reviewing the Illinois regulations the following discrepancies with NRC regulations here noted.
Part 601 In section 601.20, definitions of " license," "near surface disposal facility," " Department," and " person" were not provided. The definition of " land disposal facility" is different from the definition in 10 CFR 61.2.
O b Section 601.50 does not require that an Environmental Report accompany the license application.
In section 601.110 (c & d), the phrase, "... including equipment, facilities and procedures..." should be in parentheses to avoid ambiguity.
Further, 601.110(c) should not tie releases to public water supply to 601.190. Standards for water supply are set by EPA and are more restrictive than requirements in 601.190.
Section 601.120 is significantly different than its 10 CFR 61.24 equivalent. Also, Illinois proposes no equivalent to 10 CFR 61.25 or 61.26.
Section 601.150 does not specify the beginning of the post closure period.
Section 601.230 lists two siting criteria (1 and m) required by state law in addition to those listed in 10 CFR 61.50.
Section 601.250(1) seems to imply a willingness to dispose of greater than Class C waste.
Part 340 Part 340 contains requirements for waste classification and waste form which are consistent with requirements in 10 CFR 61.55 and 61.56.
It also contains manifest reporting requirements similar to those in 10 CFR 20.311.
Section 340.3070 is silent on greater than Class C waste.
Either definitions for terms such at " stability" and " chelating agent" should be provided in Section 340, or reference should be made to Section 601 and definitions included there.
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- e 4-If you have any questions about the above coments, please call Maxine Dunkelman, Project Manager on extension x74032.
R. John Starner, Section Leader Low-Level Waste and Uranium Recovery Projects Branch Division of Waste Management cc:
D. Nussbaumer, SP 4
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