ML20211N721

Responds to 870130 Request for Info Re Amended Agreement W/ NRC for Regulating U Mills & Mill Tailings.Actions Listed That State Must Take to Be in Position to Again Regulate U Milling Per U Mill Tailings Radiation Control Act of 1978

ML20211N721
Person / Time
Issue date:	02/20/1987
From:	Doda R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Michael Brown NEW MEXICO, STATE OF
References
NUDOCS 8703020202
Download: ML20211N721 (3)

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FE8 8 0 37 Michael F. Brown, Chief i

Radiation Protection Bureau Environmental Improvement Division Department of Health and Environment.

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P. O. Box 968 Santa Fe; New Mexico 87504-0968'

Dear' Mr. Brown:

i This in regard to your request of' January 30, 1987,'in which you asked for information concerning an amended agreement with the Nuclear ~ Regulatory.

Commission for the purpose of regulating uranium mills and mill tailings. As "we understand, this is for the purpose of having available background information in the event questions are raised within the' State about such an

. amended agreement.

'the New Mexico Environmental Improvement Division (EID) gs'until June 1,1986, Since New Mexico regulated uranium mills and mill tailin is generally well aware of the procedures and requirements for such a regulatory program. The primary purpose of this letter then is to identify those actions the State must.take to be in a position to again regulate uranium milling.in New Mexico in accordance with the Uranium Mill Tailings Radiation Control Act of.1978 (UMTRCA).

The major objectives which must be met before a State may be considered for an amended agreement with NRC are as follows:

1.

The enactment of statutes necessary to implement the requirements of UMTRCA.

2.

Promulgation of State regulations which are at-least equivalent to minimum Federal standards for regulation of uranium mills and mill tailings as outlined in 10 CFR 40, Appendix A, criteria.

3.

Establishment of State organizational relationships with clear lines of authority between State agencies such as the State Engineer's Office, 7

Division of Water Quality, State Laboratories, and other outside consultants who are responsible for and participate in the preparation of l

the written environmental assessment.

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Adequate' staffing levels to meet the NRC criteria and procedures for licensing, inspection, and enforcement actions as outl'ned in Critoria

-n for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by) States Through Agreemnt (Federal Register Notice of January 23, 1981

'5.

Availability of both field instrumentatirIn and laboratory support services sufficient to independently confirm the licensee's control of agreement materials and the measurements made.

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s We have enclosed selected docuroents which provide detailed information regarding this subject. We, of course, would be willing to meet with State legislators or other State representatives regarding this subject, if it we, tid be helpful at some time in the future.

If you have any additional questions regarding this matter, do not hesitate to contact us.

c Sincerely, Signed VU

Of' S "#

I ik e D Robert J. Doda State and Governmental Affairs Staff

Enclosures:

1.

Outline of Material to be Submitted by the Governor in Support of His Request for an Agreement 2.

Appendix A to 10 CFR Part 40 3.

Summary of NRC's Program for Transfer of Regulatory Authority to States, 1/86 4.

Uranium Mill Radiation Control Act -

J Draft Model State Act, 10/26/79 5.

46 FR 7540-7546, 1/23/81, Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption 1 hereof by States Through Agreement 6

46 FR 59341-59350, 12/4/81, Evalua tion of Agreement State Radiation Control Program; General Statement of Policy i

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' R. D.. Smith, URT0 G. F. Sanborn-New Mexico File'.~

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