ML23156A454
| ML23156A454 | |
| Person / Time | |
|---|---|
| Issue date: | 11/15/1989 |
| From: | NRC/SECY |
| To: | |
| References | |
| PR-MISC. NOTICE, 54FR47617 | |
| Download: ML23156A454 (1) | |
Text
DOCUMENT DATE: 11/15/1989
TITLE: PR-MISC. NOTICE - 54FR47617 - STAFF ASSESSMENT OF PROPOSED AMENDED AGREEMENT BETWEEN THE NUCLEAR REGULA TORY COMMISSION AND THE STATE OF U TA H
CASE
REFERENCE:
PR-MISC. NOTICE
54FR47617
KEYWORD: RULEMAKING COMMENTS
Document Sensitivity: Non-sensitive - SUNSI Review Complete STATUS OF RULEMAltING PROPOSED RULE: PR-MISC. NOTICE OPEN ITEM (Y/N) N RULB NAME: STAFF ASSESSMENT OF PROPOSED AMENDED AGREEMENT BET WEEN THE NUCLEAR REGULATORY COMMISSION AND THE STA TE OF UTAH
PROPOSED RULE FED REG CITE: 54FR47617
PROPOSED RULE PUBLICATION DATE: 11/15/89 NUMBER OF COMMENTS: 3 ORIGINAL DATE FOR COMMENTS: 12/15/89 EXTENSION DATE: I I
FINAL RULE FED. REG. CITE: FINAL RULE PUBLICATION DATE: I I
NOTES ON SLITP DIRECTOR SIGNED PROPOSED AMENDED AGREEMENT ON 11/7/89. THERE TATUS WERE 3 ADDITIONAL FR NOTICES: 54FR48333, 54FR49143, 54FR50454.
F RULE FILE LOCATED ON Pl.
THE STAFF CONTACT OR VIEW THE RULEMAltING HISTORY PRESS PAGE DOWN KEY
HISTORY OF THE RULE
PART AFFECTBD: PR-MISC. NOTICE
RULE TITLE: STAFF ASSESSMENT OF PROPOSED AMENDED AGREEMENT BET WEEN THE NUCLEAR REGULATORY COMMISSION AND THE STA TE OF UTAH
.OPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 11/07/89
FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: 90-073 SRM DATE: 04/30/90 SIGNED BY SECRETARY: I I
STAFF CONTACTS ON THE RULE
CONTACTl: VANDY MILLER MAIL STOP: 3-D23 PHONE: 504-0326 CONTACT2: MAIL STOP: PHONE:
Ci!, R,.l;f/?rf E-POULENC
SPECIALTY CHEMICALS GROUP '89 OEC 13 P 3 :SC RHONE - POULENC INC.
6213 HIGHWAY 332-E December 11, 1989 FREEPORT, TEXAS 77541 TEL. (409) 233-7871 TELEX 792716
Secretary of the Convnission U.S. Nuclear Regulatory Commission Washington, DC 20555
Attn: Docketing and Services Branch
Re: Propased Amended Agreement Between the Nuclear Regulatory Convnission and the State of Utah
The following comments are submitted by Rhone-Poulenc Inc. regarding the above rule.
Rhone-Poulenc Inc. is a manufacturer of rare earth compounds at our of applications including catalytic convertors used for pollution control Freeport, Texas facility. Rare Earth compounds are used in a wide variety of automobiles, petroleum cracking catalysts, glass polishing powders, super strength magnets, and in the new field of superconductors. The production of rare earth compounds at our facility generates two NORM
~
radioactive waste streams which require disposal. The NORM radioactive waste streams generated are low activity, high volume and contain Uranium and Thorium in a small percentage.
Amending Article I of the Agreement of March 29, 1984 between the Nuclear Regulatory Commission and the state of Utah to add land disposal of source, by-product and special nuclear material received from other persons to the to dispose of our NORM radioactive waste streams at the Envirocare of Utah, list of materials covered by the Agreement will enable Rhone-Poulenc Inc.
Rhone-Poulenc Inc. representatives shows that it provides a disposal site Inc. facility. A review of the Envirocare of Utah, Inc. facility by which meets (NRC) disposal criteria and protects the public health and safety. The design and operation of the Envirocare site provides the generators of low activity, high volume waste streams a safe, disposal site.
of Utah meets the requirements of Section 274 of the Atomic Energy Act of The Nuclear Regulatory Commission (NRC) staff has determined that the State 1954. The Utah regulations contain provisions relating to the disposal of radioactive materials and are essentially uniform with the regulations in
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10 CFR Par t 20 as well as meet the technical reQuirements set out 1n 10 CFR Part 61. The Utah Bureau of Radiation Control has the appropriate programs, guide lines, and personnel in place to govern the disposal of r adioactive wast e to be compatible with NRC requirements. Therefore it is a ppropriate the sta te of Utah be given reg ulatory authority for permanent disposa l of lo w-level waste containing the material for which Utah has ass ume d regulato ry authority under the 1984 agreement between the NRC and the stat e of Uta h.
Si ncere ly,
RHONE-POULENC INC.
David Oi. Krammer Radiat i on Safety Offi cer OCK:kQ cc : RM. Duffy. Briggs B. Far r an F. Glanc y P. B. O'Hea B. Tan C.R. Te ve baugh oocKET NUMBER PR ~..t4PROPOSED RULE "" - /vuf,ce (Si/~ R '-/'JI)?) *\\.
TERRYE. BRANSTAD, GOVERNOR *a9 ;g:f1~R~~4 OF PUBLIC HEAL TH MARY L. ELLIS, DIRECTOR
December 4, 1989
Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Attention: Docketing and Services Branch
Dear Sir:
Reference is made to Federal Register Publication Vol. 54, No. 219, Wednesday, November 15, 1989, regarding the State of Utah's request to amend its agreement with the u. S.
Nuclear Regulatory Commission to assume regulatory authority for local disposal of source, byproduct and special nuclear material. By this letter we would like to go on record supporting both the Commission and the State of Utah in this effort.
Sincerely,
4-tt-:lli Donald A. Flater, Chief Bureau of Radiological Health 515 / 281-3478
DAF/mrh
cc: Vandy L. Miller, NRC
Larry Anderson, Director Utah Bureau of Radiation Control
RAM Iowa Department of Publlc Health 321 East 12th Street Lucas State Office Building Des Moines IA 5031 9-0075
LUCAS STATE OFFICE BUILDING / DES MOINES, IOWA 50319-0075 / 515-281-5787
&Ii ~UCLEAR REGULATORY COMMIS51vr, DOCKETING & S~RVICE SECTION OFFICE OF ThE S~rRETARY OF T1iE,,.l.*~,,**/ 1 *:c,1 ON 1 ~.,rnER PR M - 1i,,1.
ooc.<Er 1 PROPOSED Ru LE --,-usc i flilp c-e 0 Babcock & Wilcox ( £ C/ f /<. *v 7£ /?) *,. Pennsylvanla Nuclear Service Operations :
a McDermott company 609 North Warren Avenue Apollo, Pennsylvania 15613
'89 DE C - 8 P2 :52 (412) 478*3131
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- rt December 5, 1989
Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555
Attn: Docketing and Services Branch
Reference:
Staff Assessment of the Proposed Amendment Agreement Between the Nuclear Regulatory Commission and the State of state of Utah as Published in the November 15, 1989 Issue of the Federal Register.
Dear sir:
Babcock and Wilcox has reviewed the proposed amended agreement between the Nuclear Regulatory Commission and the State of Utah and supports the State of Utah's position.
No response is required to this comment.
Sincerely,
~~=-Manager, Technical Control
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State of Utah '89 NOV 13 P 3 : 2 1 Staff Assessment of Proposed Amended Agreement Between the NRC and th e State of Utah
AGENCY: U.S. Nuclear Regulatory Corrmission ACTION: Notice of Proposed Amended Agreement with State of Utah.
SUM~ARY: Notice is hereby given that the U.S. Nuclear Regulatory Corrmission is publishing for pu blic corrment the NRC staff assessment of a proposed ame nded agreement received from the Governor of the State of Utah for the assumption of certain of the Commission's regulatory authority pursuant to Section 274 of the Atomic Energy Act of 1954, as amended. Comments are requested on the public health and safety aspects of the proposal.
A staff assessment of the State's proposed amended program for control over sources of radiation is set forth below as supplementary information to this notice. A copy of the proposed amended agreement, pr ogram narrative, including the referenced appendices, applicable State legislation and Utah regulations, is available for public inspection in the Corrmission's public document room at 2120 L Street, NW, Washingotn, DC. Exemptions from the Commission's regulatory authority, which would implement this pr op osed amended agreement, have been published in the Federal Register and codified as Part 150 of the Corm,ission's regulations in Title 10 of the Code of Federal Regulations.
DATES: Corrments must be received on or before (30 days after initial publication).
ADDRESSES: Submit corrments to: the Secretary of the Corrmission, S~ t?
A and Services Branch. Conments may also bU.S. Nuclear Regulatory Corrmission, Washington, DC 20555. Ae delivered to 7920 Norfolk, TTN: Documen5 fc~~r 4 1
- Avenue, Bethesda, Maryland from 8:15 a.m. to 5:00 p.m. Monday through, Re~isf<~ Friday. Copies of corrments received by NRC may be examined at the NRC for Public Document Room, 2120 L Street, NW, Washington, DC. ch~~~es FOR FURTHER IN FIndian Tribe Programs, U.S. Nuclear Regulatory Corrmission, Washington, ORMATION CONTACT: Vandy L. Miller, State, Local and D.C. 20555.., telephone: 301-492-0326.
SUPPLEMENTARY INFORMATION: Assessment of Proposed Amended Utah Program to Regulate Certain Radioactive Materials Pursuant to Section 274 of the Atomic Energy Act of 1954, as amen de d.
The Commission has received a proposal from the Governor of Utah for
- the State to amend its agreement with the NRC whereby the NRC would relinquish and the State would assume regulatory authority for land f ~i J, sic l I f\\ tA e 2 (e J ~,/) I Re9i sfer o" 11-1r-gq JJ!i1.h.f
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E~S io.<<JO*v, ;~*.: c 1u.\\1 *i;*.*. oa disposal of source, byproduct and special nuclear material received from other persons pursuant to Section 274 of the Atomic Energy Act of 1954, as amended.
Section 274e of the Atomic Energy Act of 1954, as amended, requires that the tenns of the proposed agreement be published for public coument once each week for four consecutive weeks. Accordingly, this notice will be published four times in the Federal Register.
I. Background A. Section 274 of the Atomic Energy Act of 1954, as amended, provides a mechanism whereby the NRC may transfer to t~e States certain to assume this authority and the Governor certifies that the State regulatory authority over agreement materials when a State desires that the State's program is compatible with that of the NRC and is has an adequate regulatory program, and when the Co0111ission finds adequate to protect the public health and safety. Section 274g directs the Co111T1iss1on to cooperate with the States in the fonnulation of standards for protection against radiation hazards to assure that State and Comnission programs for radiation protection will be coordinated and compatible. Further, Section 274j provides that the Commission shall periodically review such agreements and actions taken by the States under the agreements to ensure compliance with the provisions of this section.
B. On March 29, 1984, the Governor of Utah signed an agreement with the NRC for the assumption of regulatory authority for byproduct material as defined in Section lle.(1) of the Act, source material and special nuclear material in quantities not sufficient to fonn a critical mass. In a letter dated July 17, 1989, Governor Norman H. Bangerter of the State of Utah requested that the Co1T111ission enter into an amended agreement with the State pursuant to Section 274 of the Atomic Energy Act of 1954, as amended, under which the State would also assume responsibility for regulating the land disposal of these materials received from other persons. The Governor certified that the State of Utah has a program for control of radiation hazards which is adequate to protect the public health and safety with respect to the materials within the State covered by the proposed amendment to the agreement, and that the State of The text of the proposed agreement is shown in Appendix A. Utah desires to assume regulatory responsibility for such materials.
The sp-ecific authority requested is for pennanent disposal of low-level waste containing the material for which Utah has assumed regulatory authority under the 1984 agreement but not containing uranium and
1 A. Byproduct materials as defined in lle.(1)
B. Byproduct materials as defined 1n lle.(2)
- c. Source materials; and D. Special nuclear materials in quantities not sufficient to fonn a critical mass
3 thorium mill tailings (byproduct material as defined in Section lle.(2) of the Act). The State does not wish to assume authority over uranium recovery activities. The State, however, reserves the right to apply at a future date to NRC for an amended agreement to assume authority in this area. The proposed amendment to the agreement covers the following areas:
- 1. Amending Article I of the Agreement of March 29, 1984 to add land disposal of source, byproduct and special nuclear material received from other persons to the 11st of materials covered by the agreement.
- 2. Amending Article II of the Agreement of March 29, 1984 to delete land disposal of source, byproduct and special
- 1ist of materials and activities over which the Comnission nuclear material received from other persons from the continues to retain regulatory authority and responsibility.
- 3. Specifies the effective date of the amended agreement.
C. Utah Code Annotated (UCA) 26-1-27 through 26-1-29 authorizes the State Department of Health to issue licenses to, and perform materials under the 1984 agreement and otherwise carry out a inspections of (see, also, UCA 26-23-8), users of radioactive total radiation control program. Utah Radiation Control Rules URC-10 through URC-80 adopted November 8, 1982 under authority of 26-1-27 through 26-1-29 Utah Code Annotated 1953, as amended, provide standards, licensing, inspection, enforcement and materials. These regulations have been determined to be administrative procedures for agreement and non-a~reement compatible wfth the Comniss1on1 s regulations. Utah Radiation Control Rules R447-10 through R447-70 were amended and recodified in July 1989. Regulations R447-25 were adopted in July 1988 for licensing requirements for land disposal of radioactive waste.
D. On March 29, 1984, under ena.blfng legislation in UCA 26-1-29, lltah assumed regulatory authority for byproduct material as defined in Section lle.(l) of the Act, source material and special nuclear material in quantities not sufficient to fonn a critical mass. The program audits conducted since that time have resulted in an NRC finding that the Utah radiation control program is compatible with that of the NRC and is adequate to protect public health and safety. In addition to Utah's agreement program, Utah is involved in several environmental radiation issues including monitoring indoor radon, monitoring and monitoring and assessment of the State environmental program. uranium mill tailings, particularly at the Vitro uranium mill, a license to receive, store, and dispose, by shallow land burial, In addition, the Department issued to Envirocare of Utah, ~nc.,
naturally occurring radioactive material (NORM) waste with a
4 gram. NORM material is not regulated by the Nuclear radium-226 concentration not to exceed 2,000 picocurfes per Regulatory Corrmission.
E. The State's proposed programs for low-level radioactive waste disposal are assessed under Criteria numbers 9, "Radioactive Waste Disposal" and 20 "Qualification of Regulatory and Inspection Personnel." Additional criteria relating to prior evaluatio~ of uses of radioactive materials, inspection and administration, are addressed as appropriate to supplement 1nfonnation found 1n the staff assessment of the original Utah proposed agreement published in the Federal Register on December jO, 1983 (48 FR 57674-57684).
II. NRC STAFF ASSESSMENT OF THE PROPOSED AMENDMENT TO UTAH PROGRAM FOR CONTROL OF AGREEMENT MATERIALS
Reference:
Criteria for Guidance of States and NRC fn Discontinuance of NRC Regulatory Authority and 3 Assumption Thereof by States Through Agreement.
OBJECTIVES
- 9. Radioactive Waste Disposal.
disposal of radioactive materials into the air, water and (a) Waste disposal by material users. The standards for the sewer, and burial in the soil shall be fn accordance with 10 CFR Part 20. Holders of radioactive material desiring to release or dispose of quantities or concentrations of radioactive materials in excess of prescribed limits shall be required to obtain special permission from the appropriate regulatory authority.
Requirements for transfer of waste for the purpose of ultimate disposal at a land disposal facility (waste transfer and manifest system) shall be in accordance with 10 CFR 20.
The waste disposal standards shall include a waste classification scheme and provisions for waste fonn, applicable to waste generators, that is equivalent to that contained in 10 CFR Part 61.
State shall pr0111Jlgate regulations containing licensing (b) Land Disposal of waste received from other persons. The from other persons which are compatible with the applicable requirements for land disposal of radioactive waste received
2criteria 13, "Prior Evaluation of Hazards and Uses Exceptions,"
and 27, "Coverage, Amendments Reef proci 14, nEvaluatfon Criteria,* 16, "Inspection, Purpose, Frequency," ty."
3NRC Statement of Policy published in the Federal Register January 23, 1981 (46 FR 7540-7546). A correction was published July 16, 1981 (46 FR 36969) and a revision of Criterion 9 published in the Federal Register July 21, 1983 (48 FR 33376).
5 technical definitions, perfonnance objectives, technical requirements and applicable supporting sections set forth in 10 CFR Part 61. Adequate financial arrangements (under tenns established by regulation) shall be required of each waste disposal site licensee to ensure sufficient funds for decontamination, closure and stabilization of a disposal site. In addition, Agreement State financial arrangements for be reviewed and approved by the Con1T1ission prior to relieving long-term monitoring and maintenance of a specific site must the site operator of licensed responsibility (Section 151(a)(2), Pub. L.97-425).
The Utah regulations contain provisions relating to the disposal of radioactive materials into the air, water and sewer and burial in soil which are essentially uniform with those of 10 CFR Part 20. Waste transfer and manifest system requirements for transfer of waste for ultimate disposal at a The waste disposal requirements include a waste classification land disposal facility are included in the Utah regulations.
scheme and provisions for waste fonn eouivalent to that in 10 CFR Part 61.
The Utah regulations provide for land disposal of low-level radioactive waste received from other persons which are compatible with the applicable technical definitions, performance objectives, technical requirements and supporting sections set out in 10 CFR Part 61. The Utah regulations include provisions for financial arrangements for decontamination, closure and stabilization. Under the Nuclear Waste Policy Act of 1982 (Pub. L.97-425), the financial arrangements for long tenn monitoring and maintenance at specific sites in Utah will be subject to Commission review and approval prior to Utah relieving the site operator of licensed responsibility.
URC-R447-304, URC-R447-15-305,
References:
URC-R447-15-310, URC-R447-15-302, URC-R447-15-306, URC-R447-15-303, URC-R447-15-307, URC-R447-15-308, URC-447-15-309, URC-R447-15-311, URC-R447-25; Section 151(a)(2), Pub. L.97-425.
PRIOR EVALUATION OF USES OF RADIOACTIVE MATERIALS
- 13. Prior Evaluation of Hazards and Uses, Exceptions. In the p-resent state of knowledge, it is necessary in regulating the materials that the State regulatory authority require the possession and use of byproduct, source and special nuclear hazards and the capability of the user or possessor prior to submission of infonnation on, and evaluation of, the potential certain exceptions and to continuing reappraisal as knowledge his receipt of the materials. This criterion is subject to and experience 1n the atomic energy field increase. Frequently there are, and increasingly in the future there may be, categories of materials and uses as to which there is sufficient knowledge to pennit possession and use without prior
6 evaluation of the hazards and the capability of the possessor materials and uses which may be completely exempt from and user. These categories fall into two groups -- those regulatory controls, and those materials and uses in which sanctions for misuse are maintained without pre-evaluation of the individual possession or use. In authorizing research and development or other activities involving multiple uses of radioactive materials, where an institution has people with extensive training and experience, the State regulatory authority may wish to provide a means for authorizing broad use of materials without evaluating each specific use.
Prior to the issuance of a specific license for the disposal will require the submission of information on, and will make an of radioactive materials, the Utah Bureau of Radiation Control evaluation of, the potential hazards of such uses, and the capability of the applicant.
References:
URC-R447-25, Utah Program Statement,Section III.D "Procedures for Review of a Low-Level Radioactive Waste Disposal License Application."
- 14. Evaluation Criteria. In evaluating a proposal to use radioactive materials, the regulatory authority shall detennine equipment, his training and experience in the use of'the the adequacy of the applicant's facilities and safety materials for the purpose requested, and his proposed administrative controls. States should develop guidance documents for use by license applicants. This guidance should be consistent w1th NRC 11censing and regulatory guides for various categories of licensed activities.
the Utah Bureau of Radiation Control will make the findings In evaluating a proposal for disposal of radioactive material, required by URC-R447-25-11, including, among others, findings that the issuance of the license will not constitute an unreasonable risk to the health and safety of the public and that the applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that protects health and minimizes danger to life or property.
Other special requirements for the issuance of specific ljcenses are contained in the regulations.
References:
URC-R447-25, see, especially, R447-25-11, Utah Low-Level Radioactive Waste Disposal License Application." Program Statement, Section7TI.D. "Procedures for Review of a
7 INSPECTION
- 16. materials shall be subject to inspection by the regulatory Purpose, Frequency. The possession and use of radioactive authority and shall be subject to the performance of tests, as required by the regulatory authority. Inspection and testing is conducted to detennine and to assist in obtaining compliance with regulatory requirements. Frequency of inspection shall be related directly to the amount and kind of material and type of operation licensed, and it shall be adequate to insure compliance.
Utah low-level waste disposal licensees will be subject to inspection by the Bureau of Radiation Control. Upon instruction from the Bureau, licensees shall perfonn or permit the Bureau to perform such reasonable tests and surveys as the Bureau deems appropriate or necessary. The frequency of inspections is dependent upon the type and scope of the licensed activities and will be at least as frequent as inspections of similar licensees by NRC. Generally, inspections will be unannounced.
References:
Utah Program Statement,Section III.E "Compliance Program for a Low-Level Radioactive Waste Disposal Facility."
PERSONNEL
- 20. ualifications of Re ulator and The regu atory agency s a e sta ed wt su c en rained authorizations and inspection of licensees must be conducted personnel. Prior evaluation of applications for licenses or by persons possessing the training and experience relevant to the type and level of radioactivity 1n the proposed use to be evaluated and inspected. This requires competency to evaluate various potential radiological hazards associated with the many uses of radioactive material and includes concentrations of radioactive materials in air and water, conditions of shielding, the making of radiation measurements, knowledge of radiation instruments-- their selection, use, and calibration-laboratory design, contamination control, other general principles and practices of radiation protection, and use of management controls in assuring adherence to safety procedures. In order to evaluate some complex cases, the State regulatory staff may need to be supplemented by consultants or other State agencies with expertise in geology, hydrology, water quality, radiobiology, and engineering disciplines.
To perfonn the functions involved in evaluation and inspection, it is desirable that there be personnel educated and trained i.n the physical and/or life sciences, including biology, chemistry, physics and engineering, and that the personnel have had training and experience in radiation protection. For example, the person
8 who will be responsible for the actual performance of evaluation and inspection of all of the various uses of come to the regulatory body should have substantial training and byproduct, source and special nuclear material which might extensive experience in the field of radiation protection. It 1s desirable that such a person have a bachelor's degree or equivalent in the physical or life sciences, and specific training in radiation protection.
more limited function in evaluation and inspection. These It 1s recognized that there will also be persons performing a persons will perform the day-to-day work of the regulatory which will be out of the ordinary. These persons should have program and deal with both routine situations as well as some a bachelor's degree or equivalent in the physical or life years of actual work experience in the field of radiation sciences, training in health physics, and approximately two protection.
The foregoing are considered desirable qualifications for the staff who will be respcnsible for the actual performance of evaluation and inspection. In addition, there will probably be trainees associated with regulatory program who will have an as varying awounts of specific training in radiation protection academic background in the physical or life sciences as well but little or no actual work experience in this field. The background and specific training of these persons will indicate These trainees, of course, could be used initi~lly to evaluate to some extent thefr potential role in the regulatory program.
and inspect those applications of radioactive materials which are considered routine or more standardized from the radiation safety standpoint, for example, inspection of industrial gau9es, small research programs, and diagnostic medical programs. As they gain experience and competence in the field, trainees could be used progressively to deal with the more complex or difficult types of radioactive material applications. It is desirable that such trainees have a bachelor's degree or equivalent in the physical or life sciences and specific training in radiation training of individuals in all of the foregoing categories protection. In determining the requirement for academic which has been gained by appropriate technical and radiation proper consideration should be given to equivalent competency protection experience.
It is recognized that radioactive materials and their uses are require skills and experience fn the different disciplines so varied that the evaluation and inspection functions will which will not always reside in one person. The regulatory authority should have the composite of such skills either in its employ or as its comnand, not only for routine functions, but also for emergency cases.
9 Licensinl and Regulation of Pennanent Disposal of Low-Level Rad1oact ve Waste (a) Number of Personnel There are approximately 230 specific licenses in the State of Utah. The Bureau of Radiation Control has responsibility for the low-level waste (LLW) management regulatory program as a jofnt function of Radioactive Materials and Machine Licensing Section and Environmental Monitoring and Mill Tailings Management Section. The assessment of the regulatory framework is included under Criterion 9, *Radioactive Waste Disposal.*
The Bureau of Rad*fatfon Control has identified seven staff members who will provide supervision, technical support and administrative assistance during the various phases of regulating a licensed low-level waste disposal *facility. These personnel and summaries of their duties are:
Larry F. Anderson: Director, Bureau of Radiation Control.
Responsible for administration of Bureau programs.
Mark S. Day: Environmental Health Engineer. Responsible for the Utah's inactive uranium mill tailings remedial action project.
Dane L. Finerfrock: Environmental Health Manager, Environmental Monitoring and M1ll Tailings Management Section.
Responsible for radon-in-residences monitoring, statewide environmental radiation monitoring~ licensing and inspection of low-level radioactive waste disposal facilities, and inactive uranium mill tailings remedial action programs.
Blaine N. Howard: Health Physicist. Responsible for licensing and inspection in materials program.
John D. Hult1uist: Environmental Health Scientist.
Responsibleor inspection of low-level waste disposal facilities, environmental monitoring and inactive uranium mill tailings remedial action project.
Craig W. Jones: Environmental Health Manager, Radioactive Materials and Machine Licensing Section. Responsible for the Agreement State program including licensing and inspection of lew-level disposal facilities.
Raymond G. Nelson: Environmental Health Scientist.
Responsible for regulation of low-level waste disposal facilities, environmental monitoring and inactive uranium mill tailings remedial action project.
Cindy Wignall: Environmental Health Technician. Responsible for supporting both sections as a technical assistant in meeting the Bureau's goals.
10 various disciplines within the Department and other State In addition, Utah has identified staff with expertise in agencies for support during the pre-operational and licensing stage. Expertise in disciplines not provided by Utah personnel either on staff or covered by agreements wfth other State agencies will be provided by contracts with the State.
(b) Training.
The academic and specialized short course training for those persons involved 1n the administration, licensing and inspection of low-level radioactive waste disposal facilities is shown below.
Larrl F. Anderson - B.S. Chemistry, MPA (Health), Brigham Young On versify.
NIOSH Course 549, Recognition, Evaluation, and Control of Occutat1onal Hazards. October !972.
NIOSHourse 582, Samlling and Evaluating Airbourne Asbestos Dust. Apr 1 1 -12, 1973.
Utah State Division of Health, Visible Emission Evaluation Course. June 19, 1973.
American Industrial Hygiene Association, Industrial Toxicology Seminar. A 24-hour course ending April 30, 1975.
OSHA, Fundamentals of Occurtional Injury Investigation. Short course ending Apri 1, 1977.
U.S. Nuclear Regulatory Commission, Radiological Emergency Response Operation Training Course. A 64-hour course ending U.S. Environmental Protection Agency, Grants Administration January 27, 1978.
Safety International Training Center, Hydrogen Sulfide and Seminar. A 16-hour course ending May 16, 1989. -=-
Equipment for Instructors. A 12-hour course ending June 19, 1979.
Rocky Mountain Center for Occupational and Environmental Health, University of Utah, Health and Exaosures in the U.S. Nuclear Regulatory ColllJlission. Smelter Environment. A 20-hour course en ing March 29, 1980. Medical Uses of U.S. Nuclear Regulatory Coll1Jl1ss1on, Industrial Radiography. A Radionuclides. A 40-hour course held 1n January 1984.
Harvard School of Public Health, Biological Effects of Ionizing 40-hour course held May 1985.
Radiation. A 40-hour course held in March 1989.
Mark S. Dal - B.S. Civil and Environmental Engineering, Utah State On versity.
Center for Professional Advancement, Hydraulic Conveying. A 1-week course in 1974.
University of California. Resolution of Construction Claims.
Management Consultants Incorporated, Federal Procurement of A 1-week course in 1983.
Construction Projects. A 1-week course 1n 1985.
11 Air Force Institute of Technology, Contingency Engineerins. A 2-week course in 1986.
Afr Force Institute of Technology, Hazardous Waste Management. A 2-week course in 1986.
Dane L. Ffnerfrock - B.S. Meteorology, B.S. Biology, University of Utah.
Oak Ridge Associated Universities, Health Physics and Radiation Protection. A 10-week course ending April l98l.
U.S. Nuclear Regulatory Co1T111ission, Radiological Emergency Response o 1eration Training Course. A 64-hour course ending U.S. Nuclear Regulatory Comnission, Safety Aspects of August 8, 980.
August 17, 1980. Industrial Radiography. A 40-hour course held 1n
Western Interstate Energy Board, Workshop on Low-Level Radioactive Waste. A 16-hour course ending July 16, 1980.
U.S. Department of Health, Education and Welfare, Basic Course for Investigators: Diagnostic X-Ray SurveillancP. A 80-hour U.S. Nuclear Regulatory Co1T111ission, Introduction Licensing course ending March 14, 1980.
September, 1979. Practices and Procedures. A 80-hour course ending in U.S. Nuclear Regulatory CoTT1TJission, Transportation of Radioactive Materials. A 40-hour course ending 1n U.S. Nuclear Regulatory Co1T111ission, License Ins1November 16, 1984.. ection U.S. Environmental Protection Agency, Reducing Radon in Procedures. A 40-hour course ending 1n June 8, 1985.
Structures. A 24-hour course ending in March 1989.
Blaine N. Howard - B.S. Math and Physics, Ricks College. M.S.. Radiological Health, New York University.
Bureau of Radiological Health, Medical X-Ray Protection. M.S. Physics and Math, Brigham Young University.
U.S. Nuclear Regulatory Conmission, Radiological Emergency Held October 30-November 10, 1972.
Restonse Operation Training Course. A 64-hour course held National Legislative Conference, States Role in Radioactive 1n 978.
U.S. Environmen al Protection Agency, Drinking Water Material Manatement. Held December 9-11, 1974.
_.Re1He d January 10-12, 1978. ulations and Radioanalytical Workshop.
X-Ray WorkshoR, Richfield, Utah. March 14-15, 1979.
Actinides inan and Animals Workshop, Snowbird, Utah. October 15-17, 1979.
U.S. Nuclear Regulatory Conmission, Medical Uses of Radionuclfdes. A 40-hour course ending September 12, 1980.
NWTS Annual Information Meeting, Columbus, Ohio. December 8-10, 1980.
12 Waste Management 1981--American Arizona. February 23-27, 1981. Nuclear Society, Tuscon, U.S. Nuclear Regulatory Comnfssion, Introduction Licensing Practices and Procedures. A 80-hour course ending in U.S. Nuclear Regulatory Comnission, Ins~ect1on Procedures. A September 1982.
U.S. Nuclear Regulatory COOltlissfon, Radon Monitoring. A 40-hour course ending in July 30, 198.
Conference of Radiation Control Program Directors, Radiation 40-hour course ending in November 1982.
U.S. Nuclear Regulatory Corrmfss1on, Gas and 011 Well Logging. Instruments. A 24-hour course ending September 1983.
U.S. Nuclear Regulatory Corrmfssfon, Safety Aspects of A 40-hour course ending in November 1988.
September 1989. Industrial Radiography. A 40-hour course ending
John D. Hultquist - B.S. Environmental Science/Biology, Unfversfty of Tennessee.
U.S. Environmental Protection Agency, Basic Risk and Decision Making. A 16-hour course ending in March 1988.
Utah Division of Comprehensive Emergency Management, Fundamental Course for Radiological ~onitors. An 8-hour U.S. Environmental Protection Agency, Reducing Radon in course ending March 1989.
U.S. Environmental Protection Agency, RCRA Ground Water Structures. A 24-hour course ending in March l989.
Oak Ridge Associated Universities, Health Physics and Radiation Monitoring. A 24-hour course ending in April 1989.
U.S. Department of Energy, First Responders WIPP Training. Protection. A 5-week course ending August 1989.
U.S. Environmental Protection Agency. Hazardous Material An 8-hour course ending August 1989.
Sep ember 1989. Restonse for First Responders. A 40-hour course ending in
Crail W. Jones - B.S. Biology, M.S.P.H. (Industrial Hy~fene}, On versify of Utah.
U.S. Nuclear Regulatory Comnission, Radiolog1ca1 Emergency Response 0¥eration Trafnfng Course. A 64-hour course ending Department of Health and Human Services, Radio~hannaceutical August 8, 980.
U~. Nuc ear Regulatory Corrmissfon, Inssection Procedures. ~ualftr Assurance. A 16-hour course ending ovember 1964.
A 40-hour course ending fn February 1 85.
U.S. Environmental Protection Agency, Afr Surveillance for Hazardous Materials. A 40-hour coursia"ending in April 1985.
U.S. Nuclear Regulatory Conmission. Medical Uses of Radionuc11des. A 40-hour course ending June 1985.
Oak Ridge Associated Universities, Health Phlsics and
- Radiation Protection. A 5-week course end ng August 1985.
U.S. Nuclear Regulatory Corrmission, Introduction Licensing Practices and Procedures. A 40-hour course ending in September 1985.
13 U.S. Nuclear Regulatory Comnfssfon. Radiation Protection Engineering. A 40-hour course ending in Noveiooer l98C.
U.S. Nuclear Regulatory Commission, Gas and 011 Well Logging. A 40-hour course ending in November 1987.
U.S. Nuclear Regulatory Corrmfssion, Transportation of Radioactive Materials. A 40-hour course ending 1n August 1988.
Ra'fihlnd 6. Nelson - Completed 2 years towards B.S.in Geophysics, n versity of Utah.
U.S. Environmental Protection Agency, Basic Risk and Decision Making. A 16-hour course ending in September 1988.
Utah Division of Comprehensive Emergency Management, Fundamental Course for Radiological Monitors. An 8-hour course ending U.S. Environmental Protection Agency, Reducing Radon in March 1989. -
Structures. A 24-hour course ending in March l989.
U.S. Environmental Protection Agency, RCRA Ground Water Monitoring. A 24-hour course endfng,nAprfl 1989.
U.S. Nuclear Regulatory Corrmission, Inspection Procedures.
A 40-hour course ending in June 1989.
U.S. Nuclear Regulatory C01T1T1ission, Transportation of Radioactive Materials. A 40-hour course ending fn U.S. Department of Energy, First Responders WIPP Training. August 1989.
U.S. Environmental Protection Agency, Hazardous Material An 8-hour course ending August 1989.
Response for First Responders. A 40-hour course ending in September 1989.
Reference:
Utah Program Statement,Section II.D "Low-Level Radioactive Waste Management,u Section IV "Staffing, Supervision, and Equipment for a Low-Level Waste Program,* and Appendix E.
ADMINISTRATION
- 27. Coverage, Amendments, Reciprocity.
The proposed amendment to the Utah agreement provides for the assumption of regulatory authority over land disposal of source, byproduct and special nuclear material received from other persons.
Reference:
Proposed Amendment to Agreement,Section I.
III. STAFF CONCLUSION Section 274d of the Atomic Energy Act of 1954, as amended, states:
"The Co111T1fssion shall enter into an agreement under subsection b of this section with any State ff -
14
"(1) The Governor of that State certifies that the State has a program for the control of radiation hazards adequate to materials within the State covered by the proposed protect the public health and safety with respect to the agreement, and that the State desires to assume regulatory responsibility for such materials; and
"(2) the ColTITlission finds that the State program is in accordance with the requirements of subsection o. and in all other respects compatible with the C001Tiission1 s program for the regulation of such materials, and that the State program is adequate to protect the public health and safety with respect to the materials covered by the proposed agreement."
The staff has concluded that the State of Utah meets the requirements of Section 274 of the Act. The State's statutes, regulations, personnel, licensing, inspection and administrative procedures are compatible with those of the Corrmission and adequate to protect the public health and safety with respect to the materials covered by the proposed amendment to the Utah agreement.
Since the ~tate is not seeking authority over uranium milling activities, subsection O. is not applicable to the proposed amendment to the Utah amended agreement. -*J ~ ~- /;.
DATED AT ROCKVILLE, MARYLAND, THIS r 4 DAY OF // ~
198.
FOR THE U.S. NUCLEAR REGULATORY COMP-1I SIO
Carlton Kanmerer, Director State, Local and Indian Tribe Programs Office of Governmental and Public Affairs
15 Appendix A
AMENDMENT TO AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY C0""1ISSION AND THE STATE OF UTAH FOR DISCONTINUANCE OF CERTAIN COW1ISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
referred to as the Comnission) entered into an Agreement (hereinafter WHEREAS, the United States Nuclear Regulatory Comnission {hereinafter referred to as the Agreement of March 29, 1984) with the State of Utah under section 274 of the Atomic Energy Act of 1954, as amended on April 1, 1984, and provided for discontinuance of the regulatory (hereinafter referred to as the Act), which Agreement became effective authority of the Commission within the State uPder Chapters 6, 7, and 8 and Section 161 of the Act with respect to byproduct materials as defined in section lle.(1) of the Act, source materials, and special nuclear materials in quantities not sufficient to fonn a critical mass; and Code Annotated 26-1-29 to enter into this amendment to the Agreement of WHEREAS, the Governor of the State of Utah is authorized under Utah March 29, 1984, between the C001T1ission and the State of Utah; and amendment in accordance with section 274 of the Act by certifying on WHEREAS, the Governor of the State of Utah has requested this con ro o ra at on hazards adequate to protect the public h~alth and (date to be inserted that the State of Utah has a program for the safety with respect to the land disposal within the State of source, byproduct and special nuclear material received from other persons and that the State desires to assume regulatory responsibility for such materials; and for regulation of materials covered by this amendment is in accordance with WHEREAS, The Commission found on (date to be inserted), that the program the requirements of the Act and in all other respects compatible with the_
Comnission's program for the regulation of such materials and is adequate to protect public health and safety; and and importance of cooperation between the Coomission and the State in WHEREAS, the State and the C01TDJ1ission recognize the desirability the formulation of standards for protection against hazards of radiation and in assuring that the State and Co1T111ission programs for protection against hazards of radiation will be coordinated and compatible; and entered into pursuant to the provisions of the Atomfc Energy Act of WHEREAS, this amendment to the Agreement of March 29, 1989, 1s 1954, as amended.
Governor of the State, acting on behalf of the State, as follows: NOW, THEREFORE, it is hereby agreed between the Commission and the Sect1on 1. Article I of the Agreement of March 29, 1984. is amended by deleting 11 and 11 at the end of paragraph B., by adding ";and," after the words "critical mass" in paragraph C., and by inserting the following new paragraph imnediately after paragraph C.:
material received from other persons. D. The land disposal of source, byproduct and special nuclear
amended by deleting paragraph E. and by redesignat1ng paragraph F. as Section 2. Article II of the Agreement of March 29, 1984, 1s paragraph E.
shall remain in effect unless and until such t me as it is terminated This amendment shall become effective on ldate to be inserted), and pursuant to Article VIII of the Agreement of March 29, 1984.
Done at Salt Lake City, Utah, fn triplicate, this ___ day of, 1989.
FOR THE UNITED STATES NUCLEAR REGULATORY COM~ISSION
Kenneth M. Carr, Chainnan
FOR THE STATE OF UTAH
Norman H. Bangerter, Governor
2