ML20141D554

Forwards Electronic File of Gagner 970124 Response to Inquiries That May Be of Some Interest to Commissioner Dicus

ML20141D554
Person / Time
Issue date:	02/07/1997
From:	Lefevre H NRC
To:	Stablein N NRC
Shared Package
ML20140B583	List: ML20141D554 ML20141F342
References
FOIA-97-68 NUDOCS 9705200139
Download: ML20141D554 (3)

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From:

Harold Lefevre To:

WND1.WNP1.NKS Date:

2/7/9710:29am

Subject:

Commissioner Dieus - Envirocare LLW Forum Talking Points 3

i King:

As we discussed earlier attached is the above file. In addition I've located (and have also J

attached) an electronic file'of Sue Gagner's (OPA) January 24,1997, response to inquiries that may be of some interest to Commissioner Dicus.

i' Harold l

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4 9705200139 970514 PDR FOIA KYTE97....P DR.

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ENVIROCARE OF UTAH, INC.

COMMISSIONER DICUS TALKING POINTS - LOW LEVEL WASTE FORUM Regulatory Background o Site was used for disposal by DOE of mill wastes.

o Utah issued license for NORM disposal on February 2. 1988.

o March 21, 1991, license amended to permit disposal of low concentrations of by-product and Special Nuclear Material; application to renew the license filed in January 1996 and is under State review: License under timely renewal.

o Licensed by NRC in November 1993 to dispose Uranium / Thorium mill tailings.

o Site also has a hazardous waste 3ermit from Utah. a Hazardous and Solid Waste permit from EPA Region VIII tlat allows treatment and disposal of mixed wastec, and 3 groundwater discharge permit from Utah.

o Utah program reviewed by NRC in 1994 (pre-Integrated Material Performance Evaluation Program [IMPEP] - Adequacy and Compatibility [A&C]).

Utah also participated in NRC IMPEP A&C pilot in 1994.

o NRC conducted a routine inspection on January 27-30, 1997: this was a follow-up to the NRC's November 18-22. 1996, routine inspection.

o Two minor non-safety related violations were identified as a result of the January 1997 inspection; one violation pertained to changes made at the facility without NRC or Envirocare safety panel approval; the second violation pertained to failure to ensure conformance of a procedure with a 1icense condition.

o Utah Licensing authority now in Department of Environmental Quality (DEO):

I Utah Radiation Control Board (URCB) oversees the DEO Division of Radiation i

I Control: Mr. Semnani. President of Envirocare. a member of URCB. is on a two l

~ month leave of absence.

Recent Filings o Natural Resources Defense Council petition - requests NRC (1) revoke all State and NRC permits / licenses. (2) prohibit future licenses for Mr. Semnani, and (3) suspend the agreement with Utah transferring NRC's regulatory authority to the State - response in progress.

o American College of Nuclear Physicians (California Chapter) has petitioned both the Utah Radiation Control Board and the NRC - petition to NRC asks for review of Utah program, especially financial assurance requirements - response l

in progress.

Old Filing o A 1992 2.206 petition was filed by US Ecology requesting sus)ension or r deral or revocation of agreement because of Utah exemption of site from e

State ownership requirements - denied in 1995.

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t-o.On October 21, 1992. Envirocare'of Utah filed a petition.to exempt 'very low j

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specific activity waste; contaminated.with special nuclear material from-cr.itical mass ~ limits inlPart 150.

The petition is still being reviewed by the technical staff.

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