ML20245G600

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Responds to Re Low Level Radwaste Disposal Facility Siting Process in State of Tx.It Is Not Appropriate for NRC to Enter Site Selection or Regulatory Process Being Carried Out at State Level within Tx
ML20245G600
Person / Time
Issue date: 06/16/1989
From: Lohaus P
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Turnbough M
TEXAS, STATE OF
Shared Package
ML20245G604 List:
References
REF-WM-3 NUDOCS 8906290189
Download: ML20245G600 (5)
v • d • e


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Mark iurnbough, Ph. D.

Director, Special Projects i

Rio Grande Council of Governments 123 Pioneer Plaza, $uite 210 El Paso, Texas 79901

Dear Dr. Turnbough:

Thank you for your May 1,1989 letter on the low-level radioactive waste disposal facility siting process in Texas.

I appreciated the opportunity to attend the April 26th meeting as an observer. The meeting was well focused and mediated and provided an opportunity for presentation and discussion of the technical data and conclusions of the technical consultants.

I have outlined below, a number of points about NRC's areas of responsibility and proper limitations in implementing that responsibility, which I hope are responsive to the issues and concerns raised in your letter.

It is not appropriate foi NRC, as a Federal regulatory agency, to enter the site selection or regulatory process being carried out at the State level within Texas. As discussed in your letter, Texas is an Agreement State and has assumed from the NRC, the authority and responsibility to establish regulations compatible with those contained in 10 CFR Part 61 and to license and otherwise regulate any low-level waste disposal facility established in Texas. The regulations adopted by the Texas Bureau of Radiation Control for disposal of low-level waste are compatible with Part 61 and they contain siting requirements equivalent to those contained in Part 61. The Texas Bureau of Radiation Control is the proper agency to provide technical guidance and direction to the siting process in Texas that is taking place under Texas law.

In many cases, Agreement State regulatory agencies apply and use in their programs guidance developed by the NRC, such as our Standard Format and Content Guide and Standard Review Plan for licensing low-level waste disposal facilities. They may also revise and reissue such guidance to reflect specific State statutes.

Also, under the Agreement State program, NRC may provide technical assistance to individual Agreement State radiation c mtrol preg: 3ms if the licensing agency requests it. Such technical ass utance could include trainic; in a number of areas such as licensing and inspection as well as specific assistance dealing with individual licensing cases. Finally, NRC has responsibility for periodic review of Agreement State programs to ensure compatibility and ar'equacy of the State programs. This responsibility is exercised through a number of mechanisms including routine exchange of informatio, and regularly scht.duled on-site reviews of Agreement State radiation control programs. NRC will continue in its periodic review program, and if problems are identified, ensure that they are corrected.

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-MARK TURNBOUGH/JS 1

2 On Page 2 of your letter, you state that Texas has gone on record (in my-presence at the meeting) as not intending to follow even the most fundamental requirements for site selection, e.g. 10 CFR 61.50.

I do not recall hearing such a statement having been made at the meeting.

In this particular section of your letter, you also ask that NRC intervene in the process. As I noted

above, it'is not appropriate for NRC to intervene.

Finally, I appreciate your having provided for our information copies of the site studies enclosed with your letter. However, we will not be able to review these documents.

If you have any questions, please call me at (301)492-3345.

-Sincerely, (SIGNED) PAUL 11LOHAUS Paul H. Lohaus, Chief Operations Branch Division of Low-Level Waste Management and Decommissioning.

Office of Nuclear Material Safety and Safeguards Central file!.#L4091446 k ',89-036)

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iq MARK TURNBOUGH/JS

-2 Page 2 of your letter, you state that Texas h'as gone on record (in my pre nce at the meeting) as not-intending to follow even the most fundamental requi ments for site selection, e.g. 10 CFR 61.50.

I do not recall hearing such a tatement having.been made at the meeting.

In this particular section of your tter, you also ask that NRC intervene in the process. As I noted above, it not appropriate for NRC to intervene.

Finally, I ap eciate your having provided for our information copies of the site studies en losed with your letter. However, we will not be able to i

review.these doc ents. If you have any questions, please call me at (301)492-3345.

Sincerely, Paul H. Lohaus, Chief Operations Branch Division of Low-Level Waste Management and Decommissioning fice of Nuclear Material Safety id Safeguards

- Distribution:.(TICKET # LLWM 89-036)

Central File # 409.44 RBangart, LLWM JGreeves. LLWM MBell, LLRB JSurmeier, LLTB PLohaus, LLOB JShaffner, LLOB VMiller, SLITP KSchneider, SLITP RDada R IV AHenry, LLWM JJones, LLOB tf JJones, LLOB rf HMSS rf PDR YES /T"7 PDR NO

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i MARK TURNBOUGH/JS 2

l On Page 2 of your letter, you state that Texas has gone on record (in my presence at the meeting) as not intending to follow even the most fundamental requirements for site selection, e.g. 10 CFR 61.50.

I do not recall hearing such a statement having been made at the meeting. In this particular section of your letter, you also ask that NRC intervene in the process. As I noted above, it is not appropriate for NRC to intervene.

F appreciate your having provided for our information copies of the site dies enclosed with your letter.

If you have any questions, please call me (301)492-3345.

Sincerely, Paul H. Lohaus, Chief Operations Branch Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards

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