ML20246D404
| ML20246D404 | |
| Person / Time | |
|---|---|
| Issue date: | 08/22/1989 |
| From: | Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Sims B MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMIS |
| References | |
| REF-WM-3 NUDOCS 8908280071 | |
| Download: ML20246D404 (1) | |
Text
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39:221989 i
Barbara Lindsey:Sims,~ Chair.-
Midwest Interstate Low. Level
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' Radioactive Waste Commission-l
'350 N. Robert Street, Room 588' l
.St. Paul, Minnesota 55101 1
Dear Ms. Sims:
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In your April 19,1989, letter you requested clarification on 'certain q
provisions.of U.S. Nuclear Regulatory Commission's published guidance relative
-to the Governor's Certifications for the~1990 milestone.
- The attached. letter dated August 9,1989, signed. by Mr. Robert Mi Bernero, j
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' addresses: theTpoints in your letter as well as certain other. issues focusing
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.upon mixed waste and submittal of joint certifications.
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'Ifwemafb'eoffurtherassistanceplease.donothesitatetocontactme.
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Sincerely, OfWGN#LSIGNED BY Paul H. Lohaus, Chief Operations Branch Division of Low. Level _ Waste Management and Decommissioning, NMSS
Enclosure:
As stated i
DISTRIBUTION:
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SUBJECT' ABSTRACT:
R EP0NSE TO MS.~5TMS RE: 1990 MILESTONE O /l O
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DATE 108/aA/89
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NUCLEAR REGULATORY COMMISSION n
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WASHINGTON, D. C. 20556
.....f AUG 91989 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
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ther relevant information to assist States in meeting the Governor's c*
' cation requirements of the 1990 milestone.
Since that time, we have rs..,ed 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 f.ctcchment 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 certification shi11 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 approvah 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 Midwest 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 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 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
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2 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, dw Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards i
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ENCLOSURE 1
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UNITED STATES
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FEB 101989 Honorable Rose Mofford Governor of Arizona State House Phoenix, Arizona 85007
Dear Governor Mofford:
This letter.is to provide you with guidance and other relevant information to-assist your State in meeting the 1990 milestone re Radioactive Waste Policy Amendments Act (LLRWPAA) quirements of the Low-Level of 1985. Section5(e)(1)(C) of the Act provides two methods of meeting this milestone:
1.
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 is to include a description of actions to be taken to ensure that such capacity exists.
Section 5(e)(1)(F) of the Act also allows States to meet the 1990 milestone j
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 disposal of low-level radioactive waste
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to the States or Regional Compacts.
For the 1990 milestone, States or Compacts i
must demonstrate through the sachanisms 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.
1 This demonstration sust include not only discrete Class A, 8, 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 waste To assure that all wastes are covered in documentation for the 1990 milestone, States or Regional Compacts may submit smitiple documents in cases where they are warranted.
For example, if a Regional Compact does nct 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 f
NRC detailing that State's plans for storing, disposing, or managing mixed waste 1
after 1992.
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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 Retister. However, we have developed and are providing the guidance containec in Attachment B to help States begin planning and preparation of certifications to meet this milestone of the Act. This 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.
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 Management and Deconsissioning. Mr. Pangburn can be reached at 301/492-0580.
We look forward to working with you and your staff over the coming months.
Sincerely, f
u_<
Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards Attachments:
l A. Requirements of the Act B. Guidance and Other Information t
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ATTAc% ENT A
N REQUIREMENTS OF THE ACT Section 5 (e) of the Low-Level Radioactive Waste Policy Amendments Act (P.L.99-240) sets forth the milestone requirements for continued access to Regional disposal facilities.
Under Section 5(e)(1)(C), States and Compacts must, by January 1,1990, either:
1.
Submit a complete license application to the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State [Section 5(e)(1)(C)(1)]; or
"(i) a complete applicatase (as determined by the Nuclear Regulatory Commissima or the appropriate agency of an eersement State) shall be Gled for a license to o to a low level radioactive waste disposal git wi each tad emapact region or within 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 requiring disposal after 1992
[Section5(e)(1)(C)(ii)].
"(ii) the Governor (or. for any State without a Gov.
ernor, the chief szecutive odicer) of any State that is not a member of a compact region in compliance with clause (i), or has not coenplied tvith such clause by its own actions, shall provide a written certification to the Nuclear Regulatory r%==&=== that such State will be capable of providing for, and will provide for, the storage, disposal, or
M of any low-level radasective waste withis such State and Dessaber 31.1998, and include a
of the actions that will be takaa to ensure that capacity esista.
The Act directs NRC to transmit the certifications to Congress and publish them intheFederalRegister[Section5(e)(1)(E)].
'YD ne Nuclear Regula th=3==&aa shall transenit any certification received ph C to the g and publish any such in 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 (DOE) as well as denial of access by the sited States to the Regional disposal facilities (Barnwell, Hanford,'and Beatty).
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sh ATTACMENT B t
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GUIDANCE AND OTHER INFORMATION RELEVANT TO l
THE GOVERN 0k'S CERTIFICATION PROVISIDHS OF THE j
1 LOW-LEVEL RADI0 ACTIVE WASTE POLICY AMENDMENTS ACT (LLRWPAA) 0F 1985 Introduction i
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 Federal Register. NRC is not a party to the compliance determinations of the Department of Energy relative to surcharge rebates cr the sited States (South Carolina, Washington, and Nevada) relative to continued access to Regional disposal facilities. Any certification which facia 11y complies with the 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 intr, three actions:
1.
Technical content of the certifications; 2.
Procedures for submiittal of certifications to NRC; and 3.
What NRC will do with the certifications.
Technical Content of the Certifications 1
The LLRWPAA requires that the certifications contain a statement of intent as I
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 wit.hin 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. MRC has provided preliminary technical guidance on this tubject, in response to a request from the Midwest Interstate Compact.
In addition, hRC disseminated this guidance to State Liaison Officers, Agreement a d Non-Agreement States and Coopact Officials, soliciting their views and comments.
Having considered these comments, NRC believes that the description of actions should address the following points:
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An estimate of the volume and types of waste and who will generate it after 12/31/92.
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A description of the proposed storage, disp l
generated within the State and requiring disposal after including low-level radioactive waste contaminated with 12/31/92 non-radioactive hazardous waste (i.e., mixed weste.
certification provides for continued storage of suc)h waste by the Where 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 genera (or Agreement State) license as well as comments, if any, of generators on the feasibility and acceptability of on-site storage.
3 3.
A statement that the proposed actions are within existing legal authorities and are consistent with %C cr 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 necessary, to specify procedures for submitting certifications to meet the 199
, if not milestone of the Act.
These procedures are specified in the following paragraphs:
1.
Format:
The certification should contain the statener.ts required by the Act.
The Governor (or Chief Executive Officer, if applicable) should sign and date the original certification.
2.
Copies:
certification, nine complete official copies of the certif t
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 Cosmission, Washington, D.C.
20555.
Mailing should be done such that the certification is received by lanuary 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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, 4 Mr. William F. Newberry a.
U.S. Department of Energy Low-Level Waste Program Manager Division of Waste Treate nt Projects (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 Colusibia, 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 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 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 two-phase approach for the processing of certifications, as outlined in the following paragraphs:
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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, States for their compliance determinations. Copies of the transmitta NRC wt11 not review the certifications at this time, but will respond to Congressional inquiries on a.
case-by-case basis.
Phase 2--Content Review will conduct a review of any technical or implementation with the program described in that State's certification.
This review is not the licenseability of planned facilities. intended to influence any subseq Rather, NRC believes this review at an early time as they proceed to meet the mandates of th l
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