ML20245G569
| ML20245G569 | |
| Person / Time | |
|---|---|
| Issue date: | 08/09/1989 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| REF-WM-3 NUDOCS 8908160100 | |
| Download: ML20245G569 (2) | |
Text
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AUG 9 1989 STATE LIAISON OFFICERS LOW-LEVEL WASTE COMPACT DISTRIBUTION ALL AGREEMENT AND NON-AGREEMENT STATES GOVERNOR'S CERTIFICATION On February 10, 1989, NRC sent identical letters (see Enclosure 1) to the 33 Governors of States subject to the 1990 milestone of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA).
These letters provided guidance and other relevant information to assist States in meeting the Governor's certification requirements of the 199'O milestone.
Since that time, we have received several requests for interpretation and clarification of specific language contained in the guidance. The purpose of this letter is to provide that interpretation and clarification.
In Attachment B of the cited letter, under the heading " Technical Content of the Certifications," NRC stated its belief that "Where the certification provides for continued storage of such waste by the generator, the l
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...."
The Midwest Interstate Compact in a letter of April 19, 1989 has indicated that compliance with this language may not be possible since (1) generators will be storing the waste and must go about securing license amendments and any other necessary permits or approvals themselves; and (2) in most cases, States lack the authority to secure, or require generators to secure, such amendments, permits and approvals.
NRC recognizes the concern expressed by the tiidwest Compact as well as other States regarding this language. Our intent was not to require States or Governors to undertake an action which is beyond their jurisdiction or authority.
Rather, we are looking for the States to describe in their certifications that if they are relying on generators to store waste, what State actions have been or will be taken to assess the feasibility and acceptability of such storage as it relates to State obligations under the l
LLRWPAA.
For example, the State could show that it had:
(1) informed generators of its plans to rely on them for storage after 1992; (2) requested the generators to determine if license amendments, permits or approvals were necessary and, if so, that the generators were willing to apply for them; and (3) solicited comments from generators on the State's reliance on storage after December 31, 1992.
A second issue posed to us has to do with the filing of a complete application for a low-level radioactive waste disposal facility as a way of meeting the 1990 milestone.
In our guidance to the Governors, we stated that States or Regional Compacts must assure that all wastes are covered in documentation for J
that milestone, including mixed wastes.
Some States have indicated concern that, although they plan to develop a license application for disposal of all LLW in their Compact, including mixed waste, the absence of a RCRA mixed waste authorized permitting agency in their State could restrict their ability to jf/11$
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file a complete application. In Section 5 (e)(1)(C)(1), the LLRWPAA assigns the determination of a complete application for the 1990 milestone to NRC or the appropriate radiation protection agency of an Agreement State.
Consequently, the NRC or agreement state agency has authority to make a completeness determination on the entire application under the LLRWPAA.
Therefore, the absence of a RCRA permitting agency does not restrict the ability to file a complete application.
However, the application should describe the steps that will be taken to manage and regulate all components of low-level waste, including mixed waste.
If a particular state is seeking, but at the time of the application has not yet obtained, mixed waste authority, the application should outline the process and timetable, to the extent practicable, for obtaining such authority. The agency, in determining application completeness, should be able to conclude that: (1) the applicant understands the process necessary to secure appropriate approvals and (2) that the plan identified in the application appears reasonable, timely, and sufficient to manage waste that will require disposal after 1992.
Finally, some compacts have expressed their intention to submit joint certifications covering all their member States and signed by all the Governors of those States. While we continue to believe that a joint certification meets the intent of the Act, we stress that each separate State's certification and plans for managing its waste after 1992 should be discrete and clearly defined from those of the other States.
We hope that the clarification contained in the above paragraphs is useful to you.
If you have further questions, please contact Paul Lohaus, Chief, Operations Branch, Division of Low-Level Waste Management and Decommissioning, at (301)492-0553.
Sincerely, Wind) hooett M. Betnero Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards Distribution:
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