ML20235G150
| ML20235G150 | |
| Person / Time | |
|---|---|
| Issue date: | 02/10/1989 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Mofford R ARIZONA, STATE OF |
| References | |
| REF-WM-3 NUDOCS 8902230141 | |
| Download: ML20235G150 (9) | |
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i-FEB 101999 lionorable Rose Mofford Governor of Arizona State House Phoenix, Arizona 85007
Dear Governor Hofford:
This letter is to provide you with guidance and other relevant information to Radioactive Waste Policy Amendments Act (LLRWPAA) quirements of the Low-LevelSect assist your State in meeting the 1990 milestcne re of 1985.
of the Act provides two methods of meeting this milestone:
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Submit a complete license application for a new low-level radioactive waste disposal facility to the U.S. Nuclear Regulatory Commission (NRC) or the appropriate Agreement State agency; or 2.
Provide a written certification to NRC by the Governor (or Chief Executive Officer, if applicable) that the State will be capable of providing for, and will provide for, storage, disposal or management of any low-level radioactive waste generated within the State and requiring disposal after December 31, 1992. The certification !s to include a description of actions to be taken to ensure that such capacity exists.
Section5(e)(1)(F)oftheActalsoallowsStatestomeetthe1990 milestone through disposal agreements with sited Compacts. States or Compacts which do not meet the milestone face loss of surcharge rebates from the U. S. Department of Energy ~(DOE), as well as denial of access by the sited States to existing regional disposal facilities. Attachment A provides additional information on the relevant sections of the Act.
The Act assigns the responsibility for dis)osal of low-level radioactive waste to the States or Regional Compacts.
For tie 1990 milestone, States or Compacts must demonstrate through the mechanisms described above that they will be capable of storing, disposing or managing any low-level radioactive waste generated within the State and requiring disposal after December 31, 1992.
This demonstration must include not only discrete Class A, B, or C waste as defined in Title 10, Code of Federal Regulations, Part 61, but also any Class A B, or C waste which contains non-radioactive hazardous waste (i.e., mixed wastef.
To assure that all wastes are covered in documentation for the 1990 milestone, States or Regional Compacts may submit multiple documents in cases where they are warranted. For example, if a Regional Compact does not plan to address mixed waste in its license application for a low-level waste disposal facility, a separate Governor's certification should be submitted by each member State to NRC detailing that State's plans for storing, disposing, or managing mixed waste after 1992.
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l At this time, we estimate that most States subject to the 1990 milestone requirements will file certifications. Any certification which facially complies with the requirements of the Act will be forwarded to the Congress and published in the Federal Register.
However, we have developed and are i
providing the guidance contained in Attachment B to help States begin planning
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and preparation of certifications to meet this milestone of the Act. This i
guidance provides suggested format and contents of a certification, specifies procedures for submittal of certifications, and summarizes how NRC will handle the certifications it receives.
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We hope this information will assist you in your efforts. As a general rule, we are urging all States planning to submit certifications to do so as early as possible. Should you have questions regarding the information contained here or should you wish to consult with us, our project manager for this effort is Mr. George Pangburn of the Division of Low-Level Waste fianagement and Decommissioning. Mr. Pangbur., can be reached at 301/492 0580.
We look forward to working with you and your staff over the coming months.
Sincerely, 0W:2 EIED BY Robert M. Bernero, Dire _;or Office of Nuclear Material Safety and Safeguards Attachments:
A. Requirements of the Act (IDENTICAL LETTERS ARE BEING SENT TO B. Guidance and Other Information THE OTHER 32 GOVERNORS SUBJECT TO THE 1990MILESTONEOFTHELLRWPAA.)
Distribution:
Central File 1 214' PDR NUDOCS LPDR NMSS rf LLOB rf RBangart, R IV JGreeves, LLWM MBell, LLRB JSurmeier, LLTB PLohaus, LLOB GPangburn, LLOB RPerson, LLOB MKnapp, NMSS RBernero, HMSS FCombs, GPA/SLITP RFonner, 0GC KSchneider, SLITP TCombs, OCA RCunningham, ItiNS TMurley, ilRR EBeckjord,RES WParler, 0GC HThompson, ED0 JTaylor, EDO JBlaha, EDO VStello, ED0 CKammer,GPA/SLITP HDenton, GPA WRussell, RI RMartin, RIV MErust, Rll JMartin, RV er BDavis, RIII
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I REQUIREMENTS OF THE ACT Section5(e)oftheLow-LevelRadioactiveWastePolicyAmendmentsAct 1
(P.L.99-240) sets forth the milestone requirements for continued access to
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Regional disposal facilities. Under Section 5(e)(1)(C), States and Compacts must, by January 1,1990, either.
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Submit a complete license application to the U.S. Nuclear Regulatory Commission (NRC)oranAgreementState[Section5(e)(1)(C)(1)];or
"(i) a complete application (as determined by the Nuclear Regulatory Commission or the appropriate agency of an agreement State) shall be filed for a license to operate a low level radioactive waste disposal facility within each noneited compact region or within each non member State;or 2.
Provide to NRC a written' certification by the Governor that the State will be capable of providing for, and will provide for, storage, disposal, or management of any low-level radioactive waste generated within the State and recuiring disposal after 1992
[Section5(e)(1)(C)(ii):.
"(ii) the Governor (or, for any State without a Gov.
ernor, the chief executive officer) of any State that is not a member of a cornpact region in compliance with clause (i), or has not complied with such clause by its own actions, shall provide a written certification to the Nuclear Regulatory Commission, that such State will be capable of providing for, and will provide for, the storage, disposal, or management of any low level radioactive waste generated within s:ch State and requiring disposal after December 31,1992, and include a description of the actions that will be taken to ensure that such capacity exists.
The Act directs NRC to transmit the certifications to Congress and publish them intheFederalRegister[Section5(e)(1)(E)].
"(E) The Nuclear Regulatory Commission shall transmit l
any certifiution received under subparagraph (C) to the Co and publish any such certification m the Federal Section 5(e)(1)(F) of the Act also allows States to meet the 1990 milestone by making disposal agreements with sited compacts. States or Compacts which do not meet the milestone face loss of surcharge rebates from the U.S. Department of Energy (D0E) as well as denial of access by the sited States to the Regional disposal facilities (Barnwell, Hanford, and Beatty).
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ATTACHMENT B i
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GUIDANCE AND OTHER INFORMATION RELEVANT TO THE GOVERN 0R'S CERTIFICATION PROVISIONS OF THE LOW-LEVEL RADI0 ACTIVE WASTE POLICY AMENDMENTS ACT (LLRWPAA) 0F 1985 Introduction-This document provides guidance and other information intended to assist States-that are seeking to comply with the 1990 milestone of the LLRWPAA by filing.
Governors' certifications pursuant to Section 5(e)(1)(C)(ii) of the Act. The U.S. Nuclear Regulatory Commission (NRC) is issuing this guidance in recognition of its role, under the Act, to serve as recipient of the certifications, to transmit them to Congress, and to publish them in the i
Federal Register.
NRC is not a party to the compliance determinations of the 1
Department of Energy relative to surcharge rebates or the sited States (South Carolina, Washington, and Nevada) relative to continued access to Regional l
disposal facilities. Any certification which facia 11y complies with the l
requirements of the Act will be forwarded to Congress and published in the Federal Register.
However, NRC considers provision of this guidance to be responsive to the needs of the States and Regional Compacts.
This document is organized into three sections:
1.
Technical content of the certifications; 2.
Procedures for submittal of certifications to NRC; and 3.
What NRC will do with the certifications.
Techrsical Content of the Certifications The LLRWPAA requires that the certifications contain a statement of intent as well as a description of actions that will be taken by each State. The requirements of the statement of intent are fairly clear: 1.e., the Governor
~ must certify that the State will be capable of providing for, and will provide for, the storage, disposal or management of any low-level radioactive waste generated within the State and requiring disposal after December 31, 1992.
However, neither the Act nor the legislative history specifies the content of the required description of the actions to be taken to ensure such capacity exists. NRC has provided preliminary technical guidance on this subject, in response to a request from the Midwest Interstate Compact.
In addition, NRC disseminated this guidance to State Liaison Officers, Agreement and Non-Agreement States and Compact Officials, soliciting their views and comments.
j Having considered these comments, NRC believes that the description of actions should address the following points:
. 1.
An estimate of the. volume and types of waste and who will generate it after 12/31/92.
2.
A' description of the proposed storage, disposal or management actions to be taken with respect to any low-level radioactive waste generated within the State and requiring disposal after 12/31/92, including low-level radioactive waste contaminated with non-radioactive hazardous waste (i.e., mixed waste). Where the certification provides for continued storage of such waste by the generator, the certification shall set forth the actions to be taken by the State'to secure all applicable permits and approvals, including any amendments that may be required in the generator's NRC (orAgreementState)licenseaswellascomments,ifany,ofsuch generators on the feasibility and acceptability of on-site storage.
3.
A statement that the proposed actions are within existing legal authorities and are consistent with NRC or Agreement State regulations and guidance.
4.
The logistics of the proposed action in terms of organizational responsibility, timing and scheduling.
Procedures for Submittal of Certifications to NRC Upon passage of the LLRWPAA, NRC recognized that it would be useful, if not necessary, to specify procedures for submitting certifications to meet the 1990 milestone of the Act. These procedures are specified in the following paragraphs:
1.
Format: The certification should contain the statements required by the Act. TheGovernor(orChiefExecutiveOfficer, inapplicable) should sign and date the original certification.,
2.
Copies: The State should send to NRC, along with the original signed certification, nine complete official copies of the certification.
3.
Address: The State should submit the original certification and-copies to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555. Mailing should be done such that the certification is received by January 1,1990.
4.
Additional Copies:.Although NRC is the designated recipient for the certifications under the LLRWPAA, States should also send copies to the following parties, for their milestone compliance determinations:
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a.: LMr. William F. Newberry U.S. Department of Energy.
Low-Level Waste Program Manager.
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DivisionofWasteTreatmentProjects'(NE-24).;
Office of Nuclear Energy Washington, D.C.
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Mr. Heyward Shealy Chief, Bureau of Radiological Health Department of-Health and Environmental Control 2600 Bull Street:
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Columbia, SC 29211' c.
Ms. Elaine Carlin Low-Level Waste Management Program.
Department'of Ecology Mail Stop PV-11 Olympia, WA 98504 d.
Mr. Jerry Griepentrog Director, Department of Human Resources 505 East King Street Room 600 Carson City, NV 89710 j
d What NRC will do with the certifications The Act directs that NRC serve as a location for submittal of certifications; transmit them to Congress; and publish them in the Federal Register. We; believe'that NRC should not take any role which could interfere with the 1990 milestone compliance determinations of DOE'and the. sited States.
In the case-of DOE, these determinations'and the consequent surcharge rebates must, by law, be completed within 30 days 'of the applicable milestone date. However, we also believe that NRC's broad mission for protecting public health and safety under i
the Atomic Energy Act, and our Five-Year Plan objective of.providing. active
. leadership may call for a broader role. Consequently, NRC'will undertake a i
two-phase approach for the processing of certifications, as outlined in the following paragraphs:
Phase,1--Receipt. Transmittal and Publication
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Each certification that NRC receives will be checked to assure that the i
Governor of the respective state has signed and dated it. We will then i
transmit each such certification to both houses of Congress as well as to the i
Federal Register for publication. These actions will fulfill NRC's statutory obligation.
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. Copies of the transmittals to Congress will also be sent to DOE and the sited l
States for their compliance determinations. NRC will not review the certifications at this time, but will respond to Congressional inquiries on a case-by-case basis.
Phase 2--Content Review Upon completion of Phase I, if the Governor requests and resources permit, NRC will conduct a review of any technical or implementation issues associated with the program described in that State's certification. This review is not intended to influence any subsequent NRC or Agreement State determination as to the licenseability of planned facilities.
Rather, NRC believes this review and co:nmunication can be useful to the States in identifying potential problems at an early time as they proceed to nieet the mandates of the LLRWPAA.
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