ML20237E447

Responds to 980611 & 0709 Ltrs Requesting NRC Position on Regulatory Responsibilities Re Colonie,Ny Site.Site & Vicinity Properties Assigned by Congress to DOE in 1983

ML20237E447
Person / Time
Issue date:	08/10/1998
From:	Bangart R NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Merges P NEW YORK, STATE OF
References
NUDOCS 9808310285
Download: ML20237E447 (8)

Text

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's Pz01 J. Merges,' Ph.D.

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L Director l Bureau of Pesticides and Radiation.

- Division of Solid & Hazardous Materials

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4 l Albany, NY 12233-7255

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Dear Dr. Merges:

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i am writing in response to your June 11 and July 9/1998 letters in which you requested the

~ NRC's position on its regulatory resl possibilities regarding the Colonie, New York site., Congress y

. assigned the site and its vicinity properties, which were form' rly licensed by the Nuclear e

Regulatory Commission (NRC) and the State of New York under the State's Agreement State

' program, to the U.S. Department of Energy (DOE) in 1983. The site and its vicinity properties are currently being remediated under DOE's Formerly Utilized Sites Remedial Action Program ?

' (FUSRAP) by the U.S. Army Corps of Engineers (USACE).

LAlthough the site and its vicinity properties were previously licensed by both the NRC and the State of New York, when Congress assigned these to DOE, both the NRC and the State 1 terminated their respective licenses and DOE took possession of, and regulatory responsibility 4

' for,'the site and its vicinity properties. All activities since that time'at the site or vicinity properties '

. have been conducted by DOE or its contractors; therefore, they are not subject to NRC or the

- State's regulation.

Cbngress' assignment through~ appropriations legislation of cleanuo authority to USACE for the FUSRAP sites has left some uncertainty regarding the responsibilities of DOE and USACE;'

4

. however, the NRC will continue to address the Colonie site as DOE owned.' DOE is exempt ~

from.NRC licensing except where explicitly specified in legislation.-

Sincerely, L

RT Richard L. Bangart, Director.

l Office of State Programs

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' 'We would note that the Senate Appropristbos Committee Report on Defense Facihties Closure Projects.

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indicated that "the Committee expects the Department [ DOE] to fulfill its responsibilities at FUSRAP sites, exclusive

~ of remedeal achons to be performed by the Corps " in the same vein, the House Report on Energy and Water b-Appropnotions stated ths.t "[ijn appropriating FUSRAP funds to the Corps of Engineers, the Committee intended to

- only transfer the responsibihty for administration and execution of cleanup activities at eligible sites where -

remodschon had not been completed. We did not intend to transfer ownership of and accountabikty for the property ip interests that remsen with the Department of Energy.*

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Paul J. Merges, Ph.D.'

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- r L Director, Bureau of Pesticides and Radiation L'

Division of Solid % Hazardous Materials

' NYS Department o Environmental Conservation 50 Wolf Road, Roo(m 402 '

Albany; NY 12233-7f 5 '

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Dear Dr. Merges:

I am writing in response to our June 11 and July 9,1998 letters in which you requested the

.NRC's position on its regula ry responsibilities.regarding the Colonie, New York site. Through

- ' legislation the site and its vici properties were assigned to the U.S. Department of Energy

(DOE)in 1983.TThe site was rmerly licensed by the Nuclear Regulatory Commission (NRC)

"and the' State of New York. Th site and its vicinity properties are currently being remediated s

u'nder DOE's Formerly Utilized Smes Remedial Action Program'(FUSRAP) by the U.S. Army J Corps of Engineers (USACE). Whjn the site and vicinity properties were assigned to DOE, both the NRC and the State termina(ed their respective licenses and DOE took possession of,

'and regulato_ry responsibility for, the te and its vicinity properties.1 All activities since that time

at the site or vicinity properties have b en conducted by DOE or its contractors; therefore, they

. are not subject to NRC or the State's r ulation?

~~

lThe transfer of FUSRAP responsibility fr DOE to USACE has left some uncertainty regarding these agencies' respective res sibilities; however, the NRC will continue to

- address the Colonie sitei as DOE owned unt directed otherwise by Congress. We will treat USACE as a DOE contractor.- Because DO

's exempt from NRC licensing unless specifically

'specified by Congress; under the same condit n, USACE, as a DOE contractor, is also exempt

' from NRC licensing.'

Sincerely -

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ichard' L. Bangart, Director M

'fice of State Programs O ',

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UNITED STATES j

V NUCLEAR REGULATORY COMMISSION WAsMINGToN, D.C. Soess com e,g

. August 10, 1998 t

Paul J. Merges, Ph.D.-

Director, Bureau of Pesticides and Radiation Division of Solid & Hazardous Materials NYS Department of Environmental Conservation

- 50 Wolf Road, Room 402 Albany, NY 12233-7255

Dear Dr. Merges:

I am writing in response to your June 11 aad July 9,.1998 letters in which you requested the

. NRC's position on its regulatory responsibilities regarding the Colonie, New York. site. Congress L assigned the pte and its vicinity properties, which were formerly licensed by the Nuclear

, Regulatory Commission (NRC) and the State of New York under the State's Agreement State V

_ program, to the U.S. Department of Energy (DOE) in 1983. The site and its vicinity properties are currently being remediated under DOE's Formerly Utilized Sites Remedial Action Program

- (FUSRAP) by the U.S. Army Corps of Engineers (USACE).'

Although the site and its vicinity properties were previously licensed by both the NRC and the State of New York, when Congress assigned these to DOE, both the NRC and the State

' terminated their respective licenses and DOE took possession of, and regulatory responsibility for, the site and its vicinity properties. All activities since that time at the site or vicinity properties have been conducted by DOE or its contractors; therefore, they are not subject to NRC or the State's regulation.

Congress' assignment through appropriations legislation of cleanup authority to USACE for the LFUSRAP sites has left some uncertainty regarding the responsibilities of DOE and USACE;'

however, the NPO will continue to address the Colonie site as DOE owned. DOE is exempt from NRC licensing except where explicitly specified in legislation.

Sincerely, k

dit At Richard L. Bangart, Director Office of State Programs j

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'We would note that th& Senate Appropriations Committee Report on Defense Facilities Closure Projects

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. g' indicated that "the Committee expects the Department [ DOE] to fulfill its responsibilities at FUSRAP sites, exclusive

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of remedial schons to be portormed by the Co@s." in the same vein, the House Report on Energy and Water

. Appropriations stated that "li}n appropriating FUSRAP funds to the Corps of Engirmrs, the Committee intended to E only transfer the responsetnlity for administration and execution of cleanup acwities at eligible sites where remodetion had cot been comoleted We did not intend to transfer ownership of m accountat,ility for the property interests that remain with the Department of Energy,"

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Bureau of Pesticides and Radiation, Room 498 50 Wolf Road, Albany, New York 12233-7255 Phone: (518) 485-8981 FAX: (518) 485-8390 j

John P. Cahill Commissioner

.RJL 919E Mr. Richard L. Bangart Director, Office of State Programs U. S. Nuclear Regulatory Commission

- Washington, D.C. 20666-0001

Dear Mr. Bangart:

In October 1997, the Federal Government's Formerly Utilized Sites Remedial Action Program

' (FUSRAP) was transferred from the United States Depanment of Energy (USDOE) to the United States Army Corps of Engineers (USACE). As a result, the USACE has begun remedial activities at the former National Lead Industries (NL) site in Colonie, New York.

NL ha'd manufactured various items from depleted uranium and other radioisotopes which were possessed under radioactive materials licenses issued by the United States Nuclear Regulatory Commission (USNRC) and the New York State Department ofLabor. Those licenses were apparently terminated before the site was decommissioned and decontaminated to meet existing standards for unrestricted release. While the USDOE was decontaminating the site, there was no need for a radioactive materials license to authorize their on-site radiological activities. However, now the USACE is implementing the FUSRAP program. The Corps and its contractors are handling the formerly USNRC licensed radioactive materials on the site. We expect that the radioactive materials license will be reinstated by your agency. This Department will enforce its regulations for discharges ofradioactive material to the emironment and transportation oflow-level radioactive waste (6 NYCRR Parts 380 and 381) at the site. However, it is clearly the USNRC's responsibility to assure USACE's radiological activities occur pursuant to a radioactive materials license issued to the Corps, or its contractors, by the USNRC.

Failure to act promptly to this request, and that in my enclosed June 11,1998 letter to you, will result in a delay in the USACE remediation efforts at this site.

Sincerely, lky Paul J. h erges, Ph.D.

Director, Bureau of Pestiddes and Radiation Division of Solid & Hazardous Materials Enclosure cc: w/ encl. -

R. Aldrich, NYSDOL I

K. Rimawi, NYSDOH R. Battaglia, USACE G. Thomas, USACE W. Seay, USDOE

3. Jackson, USNRC OnMiwi36 /p

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, Bure:u of PIsticidIs & Radiation 50 Wolf Rord, Albiny, Nsw York 12233-7255 518-485-8981 FAX 518 485-8390 w

John P. CaniH Mr. Richard L. Bangart M 11 EB co m mi.. ion,

Director, Office of State Programs U.S. Nuclear Regulatory Commission Washington, D.C. 20666-0001

Dear Mr. Bangart:

the NRC' jurisdiction over the 11(c)(2) by pro New York State. With respect to those sites, you concluded that A sites in the Army Corps of Engineers' activities are moot because the NRC nsing of i

York State, to which this conclusion does not apply.

rs ct on over 1

ew use 11(e)(2) material in its manufacturmg p nuclear material and depleted uranium under both New York State a materials licenses.

A large volume of soil contaminated with this licensed material r Corps of Engmeers and its contractors will be undertaking reme dist"rbing the material, removing it, and sending it to a licensed facihty. This Department's regulations apply to the discharge and d materials, but there is an exemption for any activities regulated by regulatory actions with the NRC, we need to know the scope of act NRC has imposed or will impose its licensing authority. If the NRC Corps on this issue, we would appreciate receiving a copy of an the Corps.

If you have any questions, please call me.

Sincerely, Paul J.. Ierges, Ph..

Director, Bureau of Pesticides & Radiation Division of Solid & Hazardous Materials t

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PLEASE FORWARD IMMEDIATELY l

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U. S. NUCLEAR REGULATORY COMMISSION l

- OFFICE OF STATE PRCGRAMS OFFICE OF STATE PROGRAMS FAX: (301) 415-3502 NUMBER OF PAGES: _2_ including this page j

i i

DATE:

AUGUST 11,1998 TO:

DR. PAUL J. MERGES i

FROM:

RICHARD L. BANGART, DIRECTOR OFFICE OF STATE PROGRAMS (301) 415-3340

SUBJECT:

COLONIE, NEW YORK SITE VERIFICATION -(301) 415-3340 l

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