ML20235H459
| ML20235H459 | |
| Person / Time | |
|---|---|
| Issue date: | 02/13/1989 |
| From: | Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML20235H219 | List: |
| References | |
| REF-WM-3 NUDOCS 8902230608 | |
| Download: ML20235H459 (12) | |
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NUCLEAR P,ECULATORY COMMISSION Low-Level Radioactive Waste Policy Amendments Act of 1985 (P.L.99-240);
1990 Milestone Guidance on Governors' Certifications AGENCY: Nuclear Regulatory Commission ACTION: Notice of Guidance 1
SUMMARY
- This notice is ta inform the public of the Nuclear Regulatory Commission's(NRC's)guidanceandotherrelevantinformationprovidedtothe States to assist them in complying with the 1990 milestone of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRUPAA or P.L.99-240).
Section5(e)(1)(C)oftheLLRWPAAprovidestwomethodsofmeetingthis milestone:
1.
Submit a complete license application for a new low-level radioactive waste disposal facility to NRC or the appropriate Agreement State agency; or 2.
Provide a written certification to NRC by the Governor (or Chief Executive Officer) that the State will be capable of providing for, and will provide for, storage, disposal or management of any low-level 89022306f"9 890213 3
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Decembe" 31, 1992. The certification is to include a description of actions to be taken to ensure such capacity exists.
The Act directs f:F.C to transmit the certifications to Congress and publish them in the Federal Register.
Section 5(e)(1)(F) of the Act also allows States to meet the 1990 milestone through disposal agreements with sited Compacts.
States or Compacts that do not meet the mi'estone face loss of surcharge rebates from the U.S. Department of Energy (D0E) as well as denial of acce u to existing Regional disposal facilities by the sited States.
In Section 2(9) of the Act, Congress defined low-level radioactive waste (LLW)-
andwentoninSection3(a)(1)toboundStateresponsibilities-toincludeLLW that "... consists of or contains class A, B or C radioactive waste as defined by section 61.55 of title 10, Code of Federal Regulations...." With respect to the 1990 milestone, States or Compacts are required to demonstrate through the mechanismsdescribedabove(licenseapplication, Governor'scertificationor l
disposal agreement) 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. For the purposes of this milestone, NRC i
interprets this responsibility to include not only discrete Class A, B or C waste, but also any Class A, B or C waste which contains non-radioactive hazardous waste (i.e., mixed waste). To assure that all wastes are covered in documentation for the 1990 milestone, States or Regional Compacts may submit multiple docuraents in cases where they are warranted.
For example, if a
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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.
At this time, we estimate that most States subject to the 1990 milestone requirement will file certifications. Any certification which facia 11y complies with the requirements of the Act will be forwarded to the Congress and published in'the Federal Register. However, NRC has developed and provided to the Governors of the States subject to this milestone the guidance contained in this Notice to help such States begin planning and preparation of certifications to meet this milestone of the Act. This guidance contains suggested format and contents of a certification, specifies procedures for submittal of certifications, 1
and summarizes how NRC will handle the certifications it receives. This Notice provides an opportunity for the public to review this guidance.
FOR FURTHER INFORMATION CONTACT: George Pangburn, Operations Branch, Division of Low-Level Waste Management and Decommissioning, Office of Nuclear Material l
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, Telephone (301)492-0580.
SUPPLEMENTARY INFORMATION: The Low-Level Radioactive Waste Policy Amendments l
Act (LLRWPAA) of 1985 assigns States or Regional Compacts the responsibility
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for providing for their own low-level radioactive waste disposal. The Act
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established an interim access period from January 1,1986 to January 1,1993.
During that period, non-sited States and Compacts 'would be allowed continued access to the Regional low-level radioactive waste disposal facilities of the SoutheastCompact(Barnwell,SC);theNorthwestCompact(Hanford,WA);orthe Rocky Mountain Compact (Beatty, NV).
In exchange for continued access, these non-sited States and Compacts were subjected to a series of milestones, penalties and incentives intended to assure that when the interim access period ceases, LLW would be safely managed at the State or Regional level. Section 5(e) of the LLRWPAA sets forth the milestone requirements for non-sited States and Compacts to have continued access to Regional disposal facilities. To meet the 1990 milestone, States and Compacts must, by January 1, 1990, either:
(1)submitacompletelicense 4
application to NRC or an Agreement State [Section 5(e)(1)(C)(i)]; or (2) submit to NRC a written certification by the Governor that the State will provide for storage, disposal, or management of any low-level radioactive waste generated withintheStateandrequiringdisposalafter1992[Section5(e)(1)(C)(ii)].
This ' certification is to include a description of the actions which will be taken in this regard. The Act directs NRC to transmit the certifications to CongressandpublishthemintheFederalRegister[Section5(e)(1)(E)].
Section 5(e)(1)(F) of the Act also allows States to meet the 1990 milestone through dist.osal 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 to existing Regional disposal facilities by the sited States.
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The'U.S.DepartmentofEnergy(DOE)hasdevelopedpoliciesandprocedures regarding the 1990 milestone and eligibility of States and Compacts for surcharge rebates. These policies and procedures were published in a Federal Register notice on January 23, 1989 (54 FR 3106). Additional information about the DOE's policies and procedures can be obtained from Mr. William F. Newberry, Low-Level Waste Program Manager, U.S. Department of Energy, Division of Waste TreatmentProjects(NE-24),OfficeofNuclearEnergy, Washington,DC 20545.
- To assist the States in filing the certifications to meet the 1990 milestone, NRC sent the Governors of States subject to this milestone guidance and other relevant information. This guidance is contained in the following paragraphs.
GUIDANCE AND OTHER INFORMATION RELEVANT TO THE GOVERNOR'S CERTIFICATION PROVISIONS OF THE LOW-LEVEL RADIOACTIVE WASTE POLICY AltENDMENTS ACT (LLRWPAA) Of 1%6 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 Coranission (NRC) is issuing this guidance in recognition of its role, under the Act, to serve as recipient of the
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certifications, to transmit them to Congress, and to publish them in the Federal Register. NRC is not a party to the compliance determinations of the Department of Energy relative to surcharge rebates or the sited States (South Carolina, Washington, and Nevada) relative to continued access to Regional disposal facilities. Any certification which facia 11y complies with the
.requ rements of the Act will be forwarded to Congress and published in the i
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.
Technical 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 requirenants of the statement of intent are fairly clear: i.e., the Governor tost 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 1
generated within the State and requiring disposal after December 31, 1992.
Hcwever, neither the Act nor the legislative history specifies the content of l
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7 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 coments.
Having considered these comments, NRC believes that the description of actions t
siould 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 hazarduus 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 (or Agreement State) license as well as comments, if any, of such generators on the feasibility and acceptability of on-site storage.
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A statement that the proposed actions are within existing legal authorities and are consistent with NRC or Agreement State regulations and guidance.
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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.
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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.
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9 E0555. Mailing should be done such that the certification is received by January 1, 1990.
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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:
a.
Mr. William F. Newberry U.S. Department of Energy Low-Level Waste Program Manager DivisionofWasteTreatmentProjects(NE-24)
Office of Nuclear Energy Washington, D.C.
20545 b.
Mr. Heyward Shealy Chief, Bureau of Radiological Health Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29211 c.
Ms. Elaine Carlin Low-Level Waste Management Program Department of Ecology i
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Mail Stop PV-11 l
J Olympia, WA 98504 j
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- Mr. Jerry Griepentrog Director, Department of Human Resources l
I 505 East King Street Room 600 l
Carson City, NV 89710
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w iat 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 thera 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 applicale milestone date. However, we also 1
believe that NRC's broad mission for protecting public health and safety under j
the Atomic Energy Act, and our Five-Year Plan objective of providing active N
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leadership may call for a broader role. Consequently, NRC will undertake a
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two-phase approach for the processing of certifications, as outlined in the following paragraphs:
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11 Phase 1--Receipt, Transmittal and Publication Each certification that NRC receives will be. checked to assure that the Governor of the respective state has signed and dated it. We will then transmit each'such certification to both houses of Congress as well as to the 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 States for their conpliance 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 hRC or Agreement State determination as to the licenseability of planned facilities. Rather, NRC believes this review and l
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p 12 consunication can be useful to the States-in identifying potential problems at an early time as they proceed to meet the mandates of the LLRWPAA.
-Dated at Rockville, Maryland, this)@ day of February 1989.
FOR Tiii NUCLEAR REGULATORY COMMISSION O
Paul H. Lohaus Chief, Operations Branch Division of Low-Level Waste Management and Deconsnissioning Office of Nuclear Material Safety and Safeguards l
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