ML20141G922
| ML20141G922 | |
| Person / Time | |
|---|---|
| Issue date: | 11/18/1985 |
| From: | Nussbaumer D NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Lash T ILLINOIS, STATE OF |
| Shared Package | |
| ML20140C976 | List: |
| References | |
| NUDOCS 8604240025 | |
| Download: ML20141G922 (25) | |
Text
'
),ub Ref: SA/JOL
'NOV 181985 z}
l Mr. Terry Lash, Director Department of Huclear Safety 1035 Outer Park Drive Springfield, Illinois 62704
Dear Hr. Lash:
As promised in my November 15, 1985 letter to you, I am writing to I convey the rest of our comments on the draft proposal for a Section 274b l Agreement.
Enclosure 1 contains our suggested ch.anges to the draft Agreement and to the draf t letter from the Governor. These changes will help satisfy the statutory requirements for certification by the Governor. Other minor editorial changes are also indicated. '
Enclosure 2 contains our coments on the " Program Statement" portion of the draft application. As we discussed, the suggested changes will help :
show that the criteria provided in the MRC Policy Statement for such applications have been met by the Illinois proposal.
We belie've it would be prudent to let us review the revised Program Statement prior to fomal submittal by the Governor to assure that no unresolved questions remain. We would also appreciate receiving a copy of the proposed regulations when they are published for public coment.
Volume II, " Statutes" should be revised to include the recently enacted amendments to your statutes.
Enclosure 3 includes a copy of our internal procedure for review of Agreement State programs and includes the questionnaire you requested and stich we use as a basis for reviews (See Appendix E).
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ac Pone ns ac sm Naev cuo OFFICIAL RECORD COPY
Mr. Terry Lash ,
If you have any questions, please do not hesitate to call Joel Lubenau at 301-492-9887.
Sincerely,igned Original s by,3 D. Nussbau=er.J
Donald A. Nussbaumer Assistant Director for State Agreements Program Office of State Programs
Enclosures:
As stated cc: R. Lickus, RIII, w/encls.
1 Distribution- !
SA R/F Dir R/F J0Lubenau, w/ encl.
DANussbaumer, w/ encl.
JSaltzman, w/ encl.
JHickey, FC, w/ enc 1.
JMipes. ELD, w/ enc 1.
Illinois file. (fc) w/ enc 1.
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OSLb - /S 6 $ %
t AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION l AND THE STATE OF ILLINDIS FOR DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY
' WITHIN THE STATE PURSUANT TO SECTION 274 0F THE ATOMIC ENERGY ACT OF 1954, AS AMENDED 7 -
WHEREAS, the United States Nuclear Regulatory Comission (hereinafter referred to as the Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for discontinuance of the regJlatory authority of the Comission within the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1) and (2) of the Act, source materials and special nuclear materials in quantities not sufficient to form a critical nasst and, WHEREAS, the Governor of the State of Illinois is authorized under "
- Illinois Revised Statutes, 1983, ch. 111 1/2, par. 216b and 1984 Supp. to Illinois Revised Statutes, 1903, ch. 111 1/2, par. 241-19 to enter into this l Agreement with the Comission; and, p
WHEREAS, the Comission found on *
$here that the program of the State for the regulation of the materials covered by this Agreement is compatible with the Comission's program for the regulation of such materials and is adequate to protect the public health and safety; and, i
g WHEREAS, the State and the Comission recognize the desirability and 1
importance of cooperation between the Comission and the State in the formulation of standards for protection against hazards of radiation and in
{ assuring that State and Comission progracs for protection against hazards of r
radiation will be coordinated and compatible; and, j j WHEREAS, the Comission and the State recognize the desirability of f reciprocal recognition of licenses and exemptions from licensing of those i
materials subject to this Agreement; and, VHEREAS, this Agreement is entered into pursuant to the provisions of the j Atomic Energy Act of 1954, as amended; 4
NOW, THEREFORE, IT IS HEREBY AGREED between the Comission and the
- Governor of the State, acting in behalf of the State as follows
WerI # " #
ARTICLE I Subject to the exceptions provided in Articles II, IV and Vjthe Comission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Comission in the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to the following:
A. Byproduct materials as defined in section 11e.(1) of the Act; B. Source materials;
C.
Special nuclear materials in quantities not sufficient to form a critical mass; and, u
D.
The land disposal of source, byproduct and special nuclear material received from other persons.
ARTICLE II This Agreement does not provide for discontinuance of any authority and the Comissien regulation of: shall retain authority and responsibility with respect to A.
The construction and operation of any production or utilization facility; B.
The export from or import into the United States. of byproduct, source or special nuclear material, or of any production or utilization facility; C.
The disposal into the ocean or sea of byproduct, source or special nuclear waste materials as defined in. regulations or orders of the Comission; -
D.
The disposal of such other byproduct, source, or special nuclear material as tha Comission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Comission; and, E.
The extraction or concentration of source material from source material byproduct ore and the management and disposal of the resulting material.
ARTICLE III pC This Agreement may be amended, upon application) by the State and approval by the Commission, to include the additional area.specified in Article II, paragraph stated E, whereby the State can exert regulatory control over the materials therein.
ARTICLE IV Notwithstanding this Agreement, the Comission may from time to time by rule, regulation or order, require that the mar.ufacturer, processor, or producer of any equipment, device, comodity, or other product containing source, byproduct or special nuclear material shall not transfer possession or control of issued suchby product except pursuant to a license or an exemption from licensing the Comission.
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i ARTICLE V .
This Agreement shall not affect the authority of the Comission under .
subsection 16.1 b. or 1. of the Act to issue rules, regulations or orders to j protect the comon defense and security, to protect restricted data or to l-guard ag3 inst the loss or diversion of special nuclear material.
i ARTICLE VI The Comission will use its best efforts to cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of 1
tne State and the Comission for protection against hazards of radiation and
- to assure that State and Comission programs for protection against hazards of radiation will be coordinated and compatible. The State will use its best efforts to cooperate with the Comission and other Agreement States in the formJlation of standards and regulatory programs of the State and the Comission for protection against hazards of radiation and to assure that the
- X State's program will continued to be compatible with the program of the .
' v'f Comission for the regulation of like materials. The State and the Comission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensing, inspection and enforcement policies and criteria and to obtain the coments and assistance of the other party thereon.
ARTICLE VII -
The Comission and the State . gree that it is desirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any Agreement State. Accordingly, the Comission and the State agree to use their best ef. forts to develop appropriate rules, regulations and procedures by wnich such reciprocity will be accorded. ;
ARTICLE VIII I
The Comission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the
' State, may terminate or suspend all or part of this Agreement and reassert the licensing and regulatory authority vested in it under the Act if the Comission finds that (I) such termination or suspension is required to protect the public health and safety, or (2) the State has not complied with ;
one or more of the requirements of Section 274 of the Act. The Comission may l
A also, pursuant to Section 279fof the Act, temporarily suspend all or part x
- $ of this Agreement if, in the Judgment of the Comission, an emergency 0 ". sitJation exists reqJiring imediate action to protect public health and MJ safety and tne State has failed to take necessary steps. The Comission shall periodically review this Agreement and actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act.
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ARTICLE IX This Agreement shall become effective on , and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII.
Done at , in triplicate, this day of
/
For the United States Nuclear Regulatory Commission Chairman For the State of Illinois Governor
% kM 10 ror tne united states Nuclear Regulatory commission gdt t Y'g}b Director, Office of State Programs I
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Cnairman- ,
DRAFT U.S. Nuclear Regulatory Comission Washington, D.C. 20555
Dear Mr. Chairman:
By this letter I request establishment of an Agreement between the U.S.
Nuclear Regulatory Comission (NRC) and the State of Illinois, as authorized
/ under Section 27 f the Atomic Energy Act of 1954, as amended, under which y the NRC will discontinue and the State of Illinois will assume certain regulatory authority for radioactive materials now under Federal f.srisdiction. I am authorized by the Illinois Radiation Protection Act (Ill.
Rev. Stat.1983, ch.111 1/2, par 2160) and the Illinois Low-Level Radioactive Waste Management Act (1984 Supp. to Ill. Rev. Stat.1983, ch.111 1/2, par. 241-19) to enter into such an Agreement with NRC. The specific '
regulatory authority requested at this time is for:
a.
ByIp rodJct materialias defined in Section lle(1) of the Atomic Energy <
Act of 1954, as amended;(cad:dictepei),-
b.
Source materia 13, Mea'u !ad ther!=);-
- c. Special nuclear material f fr:-f u- ?", cr:rf r 2 5 end p% 1vo; ; in ,
quantities not sufficient to form a critical mass; and,
- d. Land disposal of source, by oduct and special nuclear material received from other persons.
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- . ,The State of Illinois desires to assume this regulatory responsibility, and I-certify t at the Stat has an ad unte progra within hedepar nt of ghe[ g Wuclea Safety to ontrol radi tion hazar #"
and to rotect t pubite alth and afety In support of this proposal. I am submitting detailed information describing the State's radiation control program and regulatory capabilities and a copy of the State's radiation control regulations.
At this time, the State does not wish to assume authority over uranium milling 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.
We are very much interested in having a formal signing ceremony for the Agreement. If possible, we would like to have the ceremony take place in Chicago, Illinois, with the Agreement to become effective on July 1,1986.
Sincerely, Governor
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l Draft Agreement The preamble of the draft agreement does not contain a statement acknowledging the required certification by the Governor. The following text should be inserted immediately following the second "Whereas" paragraph:
"WHEREAS, the Governor of the State of Illinois certified on that the State of Illinois (hereinafter referred to as the State) has a program for the control of radiation hazards adequate to protect the public beelth and safety with respect to the materials within the State covered by this Agreement, and that the i State desires to assume regulatory responsibility for such I materials; and" Some minor typographical corrections are marked directly on the draft agreement.
Draft Letter from the Governor Since the Governer's certification is an essential statutory requirement, the language used (see first sentence on page 2 of the Governor's letter) should track the exact language used in i 274d(l) of the Atomic Energy Act of 1954, as amended. Accordingly, the sentence referred to should be revised to read as follows:
"I certify that the State of Illinois has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the
. State covered by the proposed agreement, and that the State desires to assume regulatory responsibility for such materials."
We would recomend that the description of the materials covered by the proposed agreement, as set out on the first page of the Governor's draft letter, be identical to that used in Article I of the agreement. The statutory reference on page 1, line 3 of the draft letter should be changed from "Section 274" to "Section 274b."
_ . . . _ _ - . . . _ .__._. ._ . ~.
Enclosure 2 Comments on Volume I, "Prcgram Statement" l
Pace Comment !
2-9 The discussion on your statutes should be revised to reflect the recent amendments to your statutes.
1 24 Line 9: Insert " license and" before l decommissioning to reflect the fact that the NRC license for the Sheffield disposal site will be
- transferred to Illinois.
I j 26 This may be the most appropriate place to specifically note that the 1 State will license this site under l the term of the Section 274b Agreement.
27 Section c: We suggest expanding this section to provide more detail on the IDNS plans and role in site selection, selection of an operator, I issuance of a license to the operator i e and subsequent regulation of the site operator licensee. Particular l attention should be paid to the possibility of, or appearance of, conflict of interest in these roles for IDNS.
l 28-29 Note should be made here that the Kress Creek contamination, if deemed
, i
- to be " source material," will become l 4
the regulatory responsibility of IDNS '
under the Agreement.
39-40 1.Section III.A: More and detailed
~~information on IDNS staffing for the material program is needed. An updated staffing chart showing all authorized staff positions should be provided in Appendix 7. When filled, names of incumbents should be provided. A list of the professional staff b filled)y, position, title and name (if function (administration, supervision, licensing, inspection) and percent of time spent in the materials program is also needed
either in the text or as en appendix.
Up-to-date resume's (which include NRC training) for all incumbents should be included in your appendix.
- 2. In this section, please note the current status of attendance of staff at NRC training courses and describe your plans for requesting such training in the future. In general, we believe initial priority should be '
given to supervisory and senior staff
, who can then instruct other staff. )
Note should also be made here of past and planned accompaniments by your staff of NRC inspectors for training purposes.
, 3. This section should also include l a discussion of the special staff j i
resources (technical knowledge and i FTE's) needed for licensing and inspection of Allied Chemical. We suggest coordinating development of
, this discussion with Region III through Roland Lickus. Plans should be developed and described to assure that your staff has a working
. familiarity with this plant through accompaniments of NRC inspectors or other arrangements.
40 Section III.B: Reference should be 3 made here to your earlier discussion regarding the potential or perceived problem of conflict of interest. It will be helpful to know how many waste licenses (in addition to .
Sheffield and a new LLW disposal site) that this program will be responsibl e . for_ ._._ _ _ _ . . _ _ . - - - - - - .
As in our coments on p.39,Section III.A above, more and detailed information for the IONS staffing for regulation of the LLW disposal sites will be needed. The same coments contained in paragraph 1 above apply here as well. To the extent applicable, the suggestions in paragraph 2 should also be followed here.
42 Section D: The last paragraph of this section should be expanded to specifically address the special
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skills and areas of expertise that will be needed to effectively regulate a LLW disposal site and the specific arrangements IONS has made to assure that these services will be available when they are needed.
These could include ROU's or other letters of agreement (particularly applicable to other State agencies.
such as State Geological Survey),
availability of funds specifica1'y .
budgeted for contractual services, retainer contracts, etc. Examples of such arrangements utilized by Agreement States regulating uranium mills are attached to this enclosure.
54 This chart needs updating. ,
63 Apropos of the comment on p.42, the section on contractual budget should be expanded to demonstrate that adequate funds are available to contract for consultant services as needed to assist in the regulation of the existing and new LLW disposal sites.
64ff. Appendix 5. As noted above, this appendix should be updated a'nd should include reference to all NRC training that has been received by the staff.
Resume's of all materials staff on board should be included.The resume's , -
for Nuclear Facility Safety staff should be deleted. _ _ _ _ . -
86ff. Appendix 6. The job descriptions for nuclear safety specialist and civil engineers should be deleted since they are not used for staffing the materials program.
95ff. Appendices 7 and 8. These charts should be updated, showing all authorized positions, and where filled, names of incumbents.
100ff. Appendix 9. See comments on Appendix 5,
121 This page appears to be extraneous.
I
QJ f C<f Z. _
l by the Radiation Control Secticn, the Radiation, Control Section has calculated a dose assessment to individuals on the boundary of the controlled area for Western Nuclear Incorporated's Sherwood Project.
As part of Dawn Mining Company's environmental impact statement, the radiological assessment for Dawn was performed by the Nuclear Regulatory Commission. This radiological assessment continues to be refined by the Nuclear Regulatory Com=ission and a final radiological assessment should be included in the environmental impact statement for the renewal of the Dawn license, to be issued by December 1981. Both uranium mills are required to have environmental monitoring pregrams which not only meet but in many instances exceed the requirements of the Nuclear Regulatory Commission regulatory guides.
Staff Resources and Organizational Relationships The Washington response dated November 7, 1980, indicated that 2.55 staff years effort was dedicated to all uranium mill activities, environmental monitoring, compliance, and licensing. An organizational change has been proposed as indicated in attachment 4, organizational chart. That chart indicates that we will have three individuals devoted to licensing uranium mills. 'apartmental approval to fill two of these vacant positions is expected shortly. This staffing level is in addition to 2.0 FTEs spent on environmental rac. ? tion aspects of uranium milling,
.10 percent ITE devoted to uranium milling complisnee, and .15 ITE devoted to administrative support of uranium milling activities. (Total post-licensing activities = 2.25 FTEs) Position descriptions and short resumes, including training of the individuals in the ' Radiation Control Section are
() included as attachment 5 to these comments.
Memoranda of Understanding are about to be finalized between the Radiation Control Section and the Department of Ecology for dam safety, the Water Supply and Waste Section for evaluation of potential impacts on drinking water supplies, and the Department of Natural Resources for evaluation of g'eological perimeters.
The Radiation Control Section has contracts with the following consultants:
Geotechnical Engineer - John Nelson, Fort Collins, Colorado; and Hart-Crowser Associates, Tacoma, Washington for hydrogeological expertise; Hanford Environmental Health roundation will furnish medical assistance and the Depart =ent of Social and Health Services will provide socio economic consulting services. The Environmental Radiation and Emergency Response Unit of the Radiation Control Section will perform dose assessment capability. Copiei of all me=oranda of understanding and contracts are included as attachuent 6 to these comments. ,
An organizational chart outlining the organizational relationships between l the Radiation Control Section and various state agencies with whom we have memoranda of understanding is included as attachment 7. According to
. procedure contained in attachment 1, our use of consultants will be to perform an independent review of an applicant's proposal. Our memoranda of understanding provide fer an evaluation of our consultant's work. Both
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the work of the consultants and the repor't of the other state agencies shall be submitted to the Radiation Control Section for further evaluation and incorporation into an independent environmental impact statement, issued in accordance with the provisions of the State Environmental Policy Act. In all of the memoranda of understanding we are asking other state agencies or programs only to do the work that they are require'd to do by law. By law all agencies are additionally required to participate .in the SEPA process. The memoranda of understanding acts as a contract with provision for dispute. Consultants will be paid on a fee for services .
basis to be reimbursed through the provisions of Chapter 402-70 Washington Administrative Code, pertaining to environmental reports. A copy of our regulations is included as attachment 2 to these comments.
Inspections .
d The state of Washington, Radiation Control Section will be performing at least one inspection every year of each uranium mill. In the past, we have inspected uranium mills as frequently as twice a year, with the composite of the two inspections covering all required areas.
Public Hearings Our regulations are being revised to indicate that a public. hearing will .
be provided, regardless of environmental significance upon issuance of a new license in addition to the adequacy of reclamation disposal decommis-sioning and decommissioning plan. Detailed review of Washington's
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regulations in terms of Appendix A, 10 CFR 40, the state of Washington believes that, with the adoption of the suggested state regulations for radiation protection, the 12 criteria specified in Appendix A, 10 CFR 40 are indeed met.
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b.e INTERAGENCY ,
AGREEMENT
- between STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES
. AND DEPARTMENT OF ECOLOGY THIS AGREEIENT, PURSUANT TO RCW 39.34.080 is entered into by and between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, hereinafter referred to as "DSilS", and the CEPARTMENT OF ECOLOGY, hereinafter ref' erred to as "W DO E" .
IT IS THE PURPOSE OF THIS CONTRACT FOR WDOE TO pmvide to DSHS, witnin 60 days of a written request by DSHS, an independent written eval-uatic1 of an independent consultant's or other contractor's study and
{
' recomendations prepared by DSHS concerning the safety and construction of a proposed or existing uranium or thorium tailings impoundment struc-ture. Tailings impoundments shall be reviewed against tha criteria in the U.S. Nuclear Regulatory Comission Regulatory Guidas 3.11 " Design, Construction and Inspection of E2ankment Systems for Uranium Mills" and 3.11.1 " Operational Inspection and Surveillance of E2ankment Retention Systems for Uranium Mill Tailings", and Washington State regulations governing impoundment structures.
IT 15. THEREFORE, MUTUt'U AGREED THAT:
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- 1. DUTIES OF DSHS DSHS will issue a formal written request to WD0E to perform said written review. WDOE's Review shall not consist of an independent study, but rather shall be an independent review of the consultant's or contractor's independent study. DSHS will furnish to WD0E suff'cient copies of the independent study which is the subject of review. CSHS will rely upon information contained in WD0E's review document to determine the adequacy of the consultant's report (s) when composing DSHS's Environmental Impact Statement (EIS) or Environmental Report (ER). The EIS or.ER would be part of the justification for the issuance or denial of a radioactive materials licensing action. -
DSHS shall, through its association with the U.S. Nuclear Regulatory Commission, provide training to employce(s) of WD0E in the area of Tailings Impoundment Structure - Analysis and Design and other appropriate training
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as it becomes available during the contract period.
DSHS shall pay all transportation and per diem cost associated with attend-ance at public hearings or any other activities, including on-site field inspections, associated with an analysis by WDOE. Reimbursement of WDOE by DSHS shall not exceed $1000.00 except as provided in Section 3.
- 2. DUTIES OF WDOE WDOE will provide, within 60 days or other mutually agreed upon time from receipt of the request, a written analysis of the independent cousultant's study as it relates to the effects of the proposal on the safety of the impoundnient structure.
WDOE's analysis of an impoundment structure shall be solely in regard to
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W the structural integrity and safety related aspects of the impoundment structure .and shall not include any analysis of any potential hazards or consequences that may result from the containment or release of .
radioactive materials or wastes.
WDOE's analyses shall include:
(a) areas which require further information, if any, before a_de_ cision can be made as to whether to allow the proposed action; (b) evaluation of the recommendations made in the report; (c) recommendations for additional requirements su.-h as installation of monitoring devices; (d) a determination of the adequacy of the consultant's/ contractor's study and recommendations. For impoundment structures WDOE shall use NRC Regulatory Guides 3.11 and 3.11.1 as evaluation criteria.
WDOE's analyses will fonn the basis for the DSHS's independent review C . of an applicant's proposal and its Environmental Impact Statement.
WDOE will make available to DSHS for public hearing and trial purposes those employees who have participated in WDOE's evaluation.
It is understood that WDOE has the independent responsibility and
- authority to control water pollution from ind'ustrial and commercial activities. This is authorized under RCW 90.48 and implemented with 173-201 WAC,173-220 WAC,173-225 WAC,173-240 WAC and 372-24 WAC.
The water pollution responsibilities exclude radiation which is the responsibility of DSHS. WDOE will exercise its responsibilities in l
the water pollution aspects of uranium or thorium mining and milling directly with the owner / operator and advice DSHS of these activities in a timely manner. .
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- 3. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this contract shall commence on the 1st day of August 1981 and be completed on the 30th da'y of August 1983, provided either party may terminate this agreement upon 90 day written notification thereof. This contract may be renewed or amended by consent of both agencies.
- 4. The HDOE by entering into this agreement shall not be held liable nor shall contribution be sought by any party for any act taken by WDOE within the scope of this contract.
- 5. DISPUTES In the event that a dispute arises under this contract, it shall be resolved in the following manner: The Secretary of DSHS shall appoint -
a menter to the Dispute Board. The Director of WDOE shall appoint a
(
member to the Dispute Board. The Secretary of DSHS and the Director ;
of WDOE shall jointly appoint a member of the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. .The detemination of the Dispute Board shall be final and be binding on the parties hereto.
l IN WITNESS WHEREOF, the parties have executed this contract l L
on this day of , 1981.
1 John Spencer John A. Beare, M.D. , M.P.H.
Deputy Director Director l Department of Ecology Division of Health
. 25 -
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INTEROFFICE AGREEMENT BETWEEN RADIATION CONTROL SECTION AND
' WATER SUPPLY AND WASTE SECTION THIS AGREEMENT is entered into by and between the RADIATION CONTROL SECTION, hereinafter referred to as "RCS", 'and the WATER SUPPLY AND WASTE SECTION, hereinafter referred to as "WSWS".
IT IS THE PURPOSE OF THIS AGREEMENT FOR WSWS TO PROVIDE TO RCS within 60 days of a written request by RCS, an independent written
[ evaluatie,n of an independent consultant's or other contractor's study and reconnendations prepared for RCS concerning the potential and real effects of a proposed or existing uranium or thorium milling operation and its associated tailings on the-drinking water of the mill and that of surrounding residents.
IT 15. THEREFORE, MUTUALLY AGREED THAT:
- 1. DUTIES OF RCS .
RCS will issue a fonnal written request to WSWS to perform said written review. WSWS's review shall not consist of an independent study, but rather shall be an independent review of th'e consultant's e
6 or contractor's independent study. RCS will furnish to WSWS sufficient copies of the independent study which is the subject of review. RCS will rely upon information contained in WSWS's review document to detennine the adequacy of the consultant's report (s) when composing the Department of Social and Health Services' (DSHS) Environmental' Impact Statement (EIS) or Environmental Report (ER). The EIS or ER would be part of the justification for the issuance or denial of a radioactive materials licensing a. tion.
RCS shall pay all transportation and per diem costs associated with attendance at public hearings or any other activities, including on-site field inspecticas, associated with an analysis by WSWS.
b 2. DUTIES OF WSWS WSWS will provide, within 60 days or other mutually agreed upon time from receipt of the request, a written analysis of the independent i
consultant's study as 1.t relates to the potential and real effects of a proposed or existing uranium or thoritsa milling operation and its associated tailings on the drinking water quality of public and private drinking water sources. ,
- 3. PERIOD OF PERFORMANCE .
i Subject to its other provisions, the period of perfonnance of this contract shall connence on the 1st day of June 1981 and be completed on the 31st day of.May 1983, provided either party may terminate this
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agreement upon 90 day writte'n notification th'ereof. This contract may be renewed or amended by consent of both parties.
- 4. DISPUTES In the event that a dispute arises under this contract, it shall be resolved in the following manner: RCS and WSWS Section Heads l shall each appoint members to the Dispute Board. The WSWS Section Head and the RCS Section Head shall jointly appoint a member of the Dispute Board. The Dispute Board shall evaluate the dispute and I nake a determination of the dispute. The determination of the Dispute Board shall be final and be binding on the parties hereto.
IN WITNESS WHEREOF, the parties have executed this contract I
( on this $3)h day of . gljf ,1981.
l I
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J l Head, Radiation Control Section Head, Water Supply and Waste Section 1
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I INTERAGENCY -
AGREEMENT .
l BETWEEN STATE OF WASHINGTON I DEPARTMENT OF SOCIAL AND HEALTH SERVICES AND DEPARTMENT OF NATURAL RESOURCES ;
THIS AGREEMENT, PURSUANT TO RCW 39.34.080 is entered into by and between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, hereinafter l i
referred to as "DSHS", and the CEPARTMENT OF NATURAL RESOURCES, hereinafter 1
I referred to as "DNR".
I ITISTHEPURPOSEOFTHISCO?jiRACTFORDNRT0provideto
. DSHS, within 60 days of a written request by D3HS, an independent written evaluation of an independent consultant's or other contractor's study and l recomendations prepared for DSHS concerning the properties of the physical .
environment to include natural resource development, energy production and consumption, land use and management in conjunction with the uranium or thorium milling industry.
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IT IS THEREFORE,t0TUALLY AGREED THAT:
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, 1. DUTIES OF DSHS
. DSHS will issue a formal written request to DNR to perforn'said written review. DNR's review shall not consist of an independent study, but rather shall be an independent review of the consultant's or contractor's independent study. DSHS will furnish to DNR sufficient copies of the independent study which is the subject of review. DSHS will rely upon information contained'in DNR's review document to determine the adequacy
{ of the consultant's report (s) when composing DSHS's Environmental Impact i
l justification for the issuance or denial of a radioactive materials I'
licensing' action, j DSHS may through its association with the U.S. Nuclear Regulatory 1 -
l Comission, provide training to employee (s) of DNR as it becomes C.
i available during the contract period.
DSHS shall pay all transportation and per diem costs associated with i attendance at public hearings or any other activities, including on-site field inspections, associated with analysis by DNR. Reimbursement j for this activity shall not exceed $1000.00.
l
- 2. DUTIES OF DNR -
l DNR will provide, within 60 days or other mutually agreed upon time from l receipt of the request, a written analysis of the independent consultant's study as it relates to the uranium or thorium milling industry.
DNR's analysis shall be solely in regard to elements of the physical -
environment, as stated above, and shall not include any analysis of i
- - . - _ _ - - . . . - . . . . .. - . . . ~ . .
any potential hazards or consequences that may result from the contain-ment or release of radioactive materials or wastes. This analysis shall include:
(a) areas whigh require further information, if any, before a decision can be made as to whether to allow the proposed action; (b) evaluation of the recommendations made in the report; (c) recomendations for additional development such as alternatives; (d) a deterrrination of the adequacy of the consultant's/ contractor's study and recomendations.
The analysis will fonn the basis for the DSHS's independent review of an applicant's proposal and its Environmenta'l Impact Statement. DNR will make available to DSHS for public hearing purposes those employees who
. have participated til DNR's evaluation.
0
- 3. PERIOD OF PERFORMANCE Subject;to its other provisions, the period of performance of this contract shall commence on the 1st day of September,1981 and be completed on the 31st day of October,1983, provided either party may terminate this agree-i ment upon 90 day written notification thereof. This contract may be renewed or amended by consent of both agencies.
- 4. The DNR by entering into this agreement shall not be held liable nor shall contribution be sought by any party for any act taken by DNR within the scope of this contract.
.5. DISPUTES .
In the event that a dispute arises under this contract, it shall be resolved in the following manner: The Secretary of DSHS shall appoint
' - - - - - - :.. . ,o . _m...._._ _
l .
a member to the Dispute Board. The Cormiissioner of DNR shall appoint a 1
member to the Dispute Board. The Secretary of DSHS and the Commissioner :
i of DNR shall jointly appoint a member of the Dispute Board. The Dispute Board shall evaluate the dispute and make determination of the dispute.
The determination of the Dispute Board shall be final and be binding on the parties hereto. l l
. I IN WITNESS WHEREOF, the parties have executed this contract on this day of , 1981.
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-_ - ___ - . . . . . - ._ -_ = _ . . - . . ~ . . . .. . ~ . . ~ . . . -
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'NOV 181985 , l l l
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. 1 1
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Mr. Terry Lash, Director
- Department of Kuclear safety
- 1035 Outer Park Drive l
Springfield. Illinois 62704 i
Dear Hr. Lash:
l 1 As promised in my November 15, 1985 letter to you, I am writing to i convey the rest of our coments on the draft proposal for a Section 274b l Agreement.
1 Enclosure 1 contains our suggested changes to the draft Agreement and to l the draft letter from the Governor. These changes will help satisfy the
- j statutcry requirements for certification by the Governor. Other minor editorial changes are also indicated.
i j
Enclosure 2 contains our coments on the " Program Statement" portion of the draft application. As we discussed, the suggested changes will help show that the criteria provided in the MRC Policy Statecient for such g applications have been met by the Illinois proposal.
-' We belie've it would be prudent to let us review the revised Program Statenant prior to formal submittal by the Governor to assure that no j
unresolved q'vestions remain. We would also appreciate receiving a copy j of the proposed regulations when they are published for public contient.
Volume 11. " Statutes" should be revised to include the recently enacted j amendments to your statutes.
I Enclosure 3 includes a copy of our internal procedure for review of l
A;reement State programs and includes the questionnaire you requested ar.dwhichweuseasabasisforreviews(SeeAppendixE). .
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==c roav sie uo.eCl N ACM C24o OFFICIAL RECORD COPY
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Mr. Terry Lash -
If you have any questions, please do not hesitate to call Joel* Lubenau at 301-492-9887. ,-
Sincerely. .-
Original signed by.s D.
- .Nussbaumer ,,8 ' .-
Donald A. Nussbaumer Assistant Director for State Agreements Program Office of State Programs
Enclosures:
/ /2 del
- As stated cc: R.1.ickus,RI!!,w/encls.
Distribution: '
SA R/F Dir R/F J0Lubenau,w/ enc 1.
I DANussbaumer,w/ enc 1.
JSaltzman, w/ enc 1.
JHickey. FC w/ enc 1.
JMapes. ELD. w/ enc 1.
Illinois file (fc) w/ enc 1, m: .
l f ,
cercup .. :.5 ..... .. .A. . . . . . . .........,,,. .............. ............, ............. ............
==> .. J . . .a.uf,b,h, ,D,A, , ,s,s,b,a,u,m,e,r, ,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,
- ^"> 1 1/,1.s/,s.s. , , , ,,1,14/s.,,, ,,,,,,....... .............. . ,,,,,,,,,,, ,,,.......... .. .........
cac er.u nio nesoi nacu eno OFFICIAL RECORD COPY t
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Y
_ O GL b - /*tk M Q ,
A3REEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMISSION
/R3 THE STATE OF ILLINDIS FOR DISCONTINUANCE OF CERTAIN COMISSION REGULATORY AUTHORITY AND RESPONSIBILITY s
' WITHIN THE STATE PURSUANT TO SECTION 274 0F
- e THE ATOMIC ENERGY ACT OF 1954 AS AMENDED ,
f .
WHEREAS, the United States Nuclear Regulatory Comission (hereinafter referred to as the .Comission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for discontinuance af the regJlatory authority of the Ccmission within the State under' Chapters 6, 7 and 8, and Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1) and (2) of the Act, source materials and special nuclear materials in quantities not sufficient to form a critical mass and, WHEREAS, the Governor of the State of Illinois is authorized under *
- Illinois Revised Statutes,1983, ch.111 1/2, par. 216b and 1984 Suops to Illinois Revised Statutes,1983, ch.1113/2, par. 241-19 to enter into this j Agreement with the Comission; and,
$Aere WHEREAS, the Comission found on that the program of the' State for the regulation of the materials covered by this Agreement is compatible with the Comission's program for the regulation of such materials and is adequate to protect the public health and safety; cnd, WHEREAS, the State and the Comission recognize the desirability and importance of cooperation between the Comission and the State in the formulation of standards for protection against hazards of radiation and in assuring that State and Comission programs for protection against hazards of radiation will, be' coordinated and compatible; and, ,
WHEREAS, the Comission and the State recognize .he desirability of reciprocal recognition of licenses and exemptions from licensing of those materials subject to this Agreement; and, .
WHEREAS, this Agreement is entered into pursuant to the provisions of the Atomic Energy Act of 1954, as amended; NOW, THEREFORE, IT IS HEREBY AGREED between the Comission and the Governor of the State, acting in behalf of the State as follows: '
'gget Wk "
ARTICLE I Subject to the. exceptions provided in Articles II, !Y and Vjthe Comission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Comission in the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to the following:
- A. Byproduct materials as defined in section 11e.(1) of the Act;
- 8. Source materials;
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C. Special nuclear materials in quantities not sufficient to f re ta critical mass; and, ,
s D. The land disposal of source, byproduct and special nuclear sinterial received from other persons. , ,
i ARTICLE !!
This Agreement does not provide for discontinuance of any authority and the Comission shall retain authority and responsibility with respect to regulation of:
A. The construction and operation of any production or utilization facility; B. The esport from or import into the United States. of byproduct, source or special nuclear raaterial, or of any production or utilization facility; .
C. The disposal into the ocean or sea of byproduct, source or special nuclear waste materials as defined in. regulations or orders of the Comission; .
D. The disposal of such other byproduct, source, or special nuclear material as the Comission from time to time determines by regulation or order should, because of the hazards or potential hazard; thereof,
. not be so disposed of without a license from the Comissior.; and, ,
E. The extraction or concentration of source material from source material ore and the management and disposal of the resulting '
byproduct material. .
ARTICLE !!! geh. C This Agreement may be amended, upon application) by the State and approval by the Comission, to include the additional area specified in Article !!,
paragraph E, whereby the State can exert regulatory control over the materials stated therein.
ARTICLE IV .
Notwithstanding this Agreement, the Comission may from time to timesby rule, regulation or order, require that the manufacturer, processor, or producer of any equipment, device, comodity, or other product containing source, byproduct or special nuclear material shall not transfer possession or control of such product except pursuant to a license or an exemptien from licensing issued by the Comission.
i f 1
- ARTICLE Y f
Tnis Agreement shall not affect the authority of the Comission under subsection 16.1 b. or i. cf the A:t to issue rules, regulations or ordess to l
( ;
l protect the comen defense and security, to protect restricted data or.to ,
guard against the loss or diversion of special nuclear mate, rial.
(
ARTICLE VI The Comission will use its best efforts to cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of !
the State and the Comission for protection against hazards of radiation and to assure that State and Comission programs.for protection against hazards of radiation will be coordinated and compatible. The State will use its best efforts to cooperate with the Comission and other Agreenent States in the formslation of standards and regulatory programs of the State and the Comission for protection against hazards of radiation and to assure that the x State's program will continue (to be compatible with the program of the v
Comission for the regulation of like e.aterials. The State and the Comission will use their best efforts to keep each other informed of proposed changes in -
their respective rules and regulations and licensing, inspection and enforcement policies and criteria and to obtain the coments and assistance of the other party thereon.
ARTICLE VII The Comission and the State agree that it is desirable to provide reciprocal
--eecognition of licenses for the materials listed in Article 1 licensed by the ,
other party or by any Agreement State. Accordingly, the Comission ar.d the State agree to use their best efforts to develop appropriate rules, regulations and procedures by which such reciprocity will be accorded.
ARTICLE VI!!
The Comission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may tenninate or suspend all or part of this Agreement and reassert the licensing and regulatory) authority vested in it under the Act if thesuch termin Comission finds that (1 protect the public health and safety, or (2) the State has not complied with one or more of the reqJirements of Section 274 of the Act. The Comission may x A
$* .$ofsitJationalso, this existspursuant Agreement to Section if, in the Tudgment reqJiring imediate of the Comission, action to protect 27@jf an emergency public of and health The Comission shall the Act, temp MJ safety and the State has failed to take necessary steps.
periodically review this Agreement and actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act.
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. ARTICLE IX This Agreement shall become effe:tive on iandsh11 7 remain in effect unless and until such time as it is terminate'd pursuant to Article VIII. _
Done at , in triplicate, this ** day of
/
For the United States Nuclear Regulatory Commission
- nairman i
For the State of Illinois ,
g 9 4
Governor 4
w
- For the United States Nuclear Regulatory Comission -
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"g j Director, Office of 5 tate Programs ,,,. ,,
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Cnairman- r DRAFT ,
U.S. Nuclear Regulatory Comission Uashington, D.C. 20555 . .
Dear Mr. Chairman:
By this letter I request establishment of an Agreement between the U.S.
Nuclear Regulatory Comission (NRC) and the State of Illinois, as authorized
/ under Section 27 f the Atomic Energy Act of 1954, as amended, under which ,
the NRC will discantinue and the State of Illinois will assume certain regulatory' authority for radioactive materials now under Federal .
jJri$ diction. I am authorized by the Illinois Radiation Protection Act (111.
Rev. Stat.1983, ch.1111/2, par. 216b) and the Illinois Low-level Radioactive Waste Management Act (1984 Supp. to 111. Rev. Stat.1983, ch.111 1/2, par. 241-19) to enter into such an Agreement with NRC. The specific regulatory authority requested at this time is for: ,
- a. By-product rateriaitas defined in Section lle(1) of the Atomic Energy <
l Act of 1954, as amendedj !. .didist@ed,- ,
l l
- b. Source materia 18, h e-f r e-f t"-!=);- ,
1
- c. Special nuclear materia J 1 'r:-f r- '", r:-f r 22: .c.; ;, Liv .l ; in .
quantities not sufficient to form a critical mass; and,
, d. Land disposal of source, by oduct and special nuclear material ,
received from other persons. -
E.
. . ~ . . _ _ _ . ~ . . . . . . _ . . . . . . . _ . - . . . _ . . . . . . . _ - ~ . _ . _ . . .. , . . . _ . . . . . . _ -
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, The State of Illinois desires to assume this regulatory responsibility, and 2-j [' . .
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certify t at the Stat has an ad unte progra within he Depar nt of
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Nuclea Safety to entrol radi tion hazar and to rotect t pub 1t[4ealth l and afety[ In support of this proposal. I am submitting detailed information describing the State's radiation control program and regulatory capabilities 4
f and a copy of the State's radiation control regulations.
1 i At this time, the State does not wlsh to assume authority over uranium milling ,
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.
i a
f j We are very much interested in having a formal signing ceremony for the
! Agreement. If possible, we would like to have the ceremony take place in I
Chicago, Illinois, with the Agreement to become effective on July 1,1986.
, ===== .
- Sincerely, Governor i
o a
n
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~
i k Draft Agreement :
l The preamble of the draft agreement does not contain a statement acknowledging
! the required certification by the Governor. The following text should be l inserted immediately following the second "Whereas" paragraph:
i "WHEREAS, the Governor of the State of Illinois certified
, on that the State of Illinois i
(hereinafterreferredtoastheState)hasaprogramfor the control of radiation hazards adequate to protect the j public health and safety with respect to the materials i
within the State covered by this Agreement, and that the i State desires to assume regulatory responsibility for such
! . materials; and" '
! Some minor typographical corrections are marked directly on the draft ;
agreement. ,
t j Draft Letter from the Governor l i l J Since the Governer's certification is an essential statutory requirement, the '
! language used (see first sentence on page 2 of the Governor's letter) should j track the exact language used in i 274d(1) of the Atomic Energy Act of 1954, f as ,arended. Accordingly, the sentence referred to should be revised to read ;
- j r.=as follows
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! "I certify that the State of Illinois has a program for the i control of radiation hazards adequate to protect the public '
health and safety with respect to the materials within the
) . State covered by the proposed agreement, and that the State j , desires to assume regulatory responsibility for such j materials."
i We would recorwend that the description of the materials covered by the
- l proposed agreement, as set out on the first page of the Governor's draf t i
' letter, be identical to that used in Article I of the agreement. The statutory reference on page I, line 3 of the draft letter should be changed i from "Section 274" to "Section 274b."
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Enclosure 2 s
Coments on Volume I " Program Statement" -
Page Coment 2-9 The discussion on your statutes should be revised to reflect the I recent amendments to your statutes.
24 Line 9: Insert " license and" before decomissioning to reflect the fact that the NRC license for the Sheffield disposal site will be- l transferred to Illinois. l 26 This may be the most appropriate place to specifically note that the State will license this site under the term of the Section 274b Agreement. -
27 Section c: We suggest expanding this section to provide more detail on the IDNS plans and role in site selection, selection of an operator.
issuance of a license to the operator and subsequent regulation of the site operator licensee. Particular attention should be paid to the .'
possibility of, or appearance of.
. conflict of interest in these roles for IDNS.
28-29 Note should be made here that the Kress Creek contamination if deemed to be " source material." will become the regulatory responsibility of IDNS under the Agreement. ,
1 39-40 1.Section III.A: More and detailed l information on IDNS staffing for the material program is needed. An updated staffing chart showing all authorized staff positions should be provided in Appendix 7. When filled, names of incumbents should be provided. A list of the professional staff b filled)y,position,(title and name (if function administration, supervision licensing, inspection) and percent of time spent in the materials program is also needed
4 l*'
- 2 4
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l either in the text or as an appendix.
i Up-to-date resume's (which include
- NRC training) for all ingabents should be included in your appendix. <
j l l 2. In this section, please note the l
- current status of attendapce of staff l at NRC training courses and describe your plans for requesting such
! training in the future. In general, l we believe initial priority should be i given to supervisory and senior staff i who can then instruct other staff.
l Note should also be made here of past j and planned accompaniments by your e staff of NRC inspectors for training i purposes.
1
! 3. This section should also include 1 '
a discussion of the special staff j resources (technical knowl. edge and j FTE's) needed for licensing and ,
i inspection of Allied Chemical. We suggest coordinating development of
{ this discussion with Region III 4
i - through Roland Lickus. Plans should i be developed and described to assure i that your staff has a working 3 familiarity with this plant through 1 accompaniments of NRC inspectors or j
other arrangements.
{ ,
i 40 . Section III.B: Reference should be
( made here to your earlier discussion regarding the potential or perceived j
- problem of conflict of interest. It i will be helpful to know how sany
! wastelicenses(inadditionto.
{
Sheffield and a new LLW disposal
{
site) that this program will be '
j responsible for.
As in our coments on p.39 Section
- III.A above, more and detailed
! information for the IDNS staffing for i i regulation of the LLW disposal sites
! will be needed. The same coments ,
! contained in paragraph 1 above apply i
- here as well. To the extent applicable, the suggestions in j aragraph 2 should also be followed ere.
i i
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f 42 Section D: The last paragraph of l this section should be expanded to specifically address the special
! skills and areas of expertise that will be needed to effectively regulate a LLW disposal site and the specific arrangements IONS has made to assure that these services will be available when Jthe are needed.
These cou1TTnc1ude HOU's or other lettersofagreement(particularly 4 applicable to other State agencies, s such as State Geological Survey),
! availability of funds specifically 3 -
budgeted for contractual services, i retainer contracts, etc. Examples of
- such arrangements utilized by Agreement States regulating uranium mills are attached to this enclosure.
'54 This chart needs updating.
63 Apropos of the coment on p.42, the section on contractual budget should be expanded to demonstrate that adequate funds are available to contract for consultant services as needed to assist in the regulation of the existing and new LLW disposal !
sites. l
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- 64ff.
- Appendix 5. As noted above, this s appendix should be updated ar.d should
. include reference to all NRC training that has been received by the staff.
Resume's of all materials staff on board should be included.The resume's for Nuclear Facility Safety staff should be deleted.
l 86ff. Appendix 6. The job descriptions for nuclear safety specialist and civil engineers should be deleted since they are not used for staffing the materials program.
95ff. Appendices 7 and 8. These charts should be updated, showing all authorized positions, and where i filled, names of incumeents..
100ff. Appendix 9. See coments on Appendix 5.
121 This page appears to be extraneous. l l
i_.- - _ _ - - - - . - - - - . - - - - - - - - - . - _ _ _ _ - , - , . . - - . - - - . - ,
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I by the Radiation Control Section, the Radiation, Control Section has
! calculated a dose assessment to individuals on the boundary of the l
controlledareaforWesternNuclearIncorporated'sSherwoodPrpact.
- As part of Dawn Mining Company's environmental impact statement., the i radiological assessment for Dawn was performed by the Nuclear Kegulatory i j Commission. This radiological assessment continues to be refined by the '
j - Nuclear Regulatory Cosumission and a final radiological assessment shuuld '
be included in the environmental impact statement for the renadal of the l l Dawn license, to be issued by December 1981. Both uranium mills are ,
j required to have environmental monitoring programs which not caly meet ;
but in many instances exceed the requirements of the Nuclear Tagulatory i Commission regulatory guides.
Staff Resources and Oraanizational Relationships l
1 The Washington response dated November 7,1980, indicated that 2.55 )
{
staff years effort was dedicated to all uranium mill activities.
- environmental monitoring, compliance, and licensing. An organisational f change has been proposed as indicated in attachment 4, organisational
! chart. That chart indicates that we will have three individuals devoted j . to licensing uranium mills. Departmental approval to fill two of these
' vacant positions is espected shortly. This staffing level is in addition ,
{
. to 2.0 77Es spent on environmental radiation aspects of uranium milling,
! .10 percent FIE devoted to uranium milling compliance, and *.15 FIE devoted to administrative support of uranium milling activities. (Total post-licensing activities = 2.25 TTEa) Position descriptions and short resumes,
! including training of the individuals in the'Badiation Control Section eru
{ bI .
included as attachment 5 to these comuments. - n Memoranda of Understanding are about to be finalized between the Radiation i
. Control Section and the Department of Ecology for das safety, the Water
, = = *
- Supply and. Waste Section for evaluation of potential impacts on drinking 7 water supplies, and the Department of Natural Resources for evaluation of
} geological perincters. ,
1 l
The Radiation control Section has contracts with the following consultants:
i Geotechnical Engineer - John Nelson, Fort Collins, Colorado; and Matt-
! Crowser Associates. Tacoma, Washington for hydrogeological espertise;
} Eanford Environmental Health Toundation will furnish medical assistance and l f the Department of Social and Health Services will provide socio economic ,
l
{
consulting services. The Environmental Radiation and Emergency Response 1 - Unit of the Radiation Control Section will perfora dose assessment j capability. Copies of all memoranda of understanding and contracts are 1 included as attachment 6 to these consents. , l 4 l
' An organisational chart outlining the organisational relationships between the Radiation Control Section and various state agencies with whom we have
! memoranda of understanding is included as attachse6t 7. According to
! . procedure contained in attachment 1, our use of consultants' vill be to j perform an independent review of an applicant's proposal. Our memoranda j of understanding provide for an evaluation of our consultant's work. Acth I
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f the work of the consultants and the report of the other state agencie.s shall be submitted to the Radiation Control Section for further evaluation and incorporation into an independent environmental impact statement, ,
issued in accordance with the provisions of the State Environmenth1 Policy !
Act.
In all of the memorande of understanding we are asking other state agencies or programs only to do the work that they are required ta do by law. Ey law allThe agencies are additionally required to participate .in the SEFA process.
memoranda of understanding acts as a contract-with Consultants will be paid on a fee for services . ] ;
provision for dispute. f i basf a to be reimbursed through the provisions of Chapter 402-70 Washington A copy of our Administrative Code, pertaining to environmental reports. l tegulations is included as attachment 2 to these comments.
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i Inspections .
The state of Washington, Radiation Control Section will In betheperformingpast, weat least one inspection every year of each uranium adal.
have inspected uranium udlls as frequently as twice a year, with the composite of the two inspections covering all required areas.
Pub 1ie Hearings '
Our regulations are being revised to indicate that a public. hearing will.
be provided, regardless of environmental significance upon issuance of a new license in addition to the adequacy of raclamation disposal decommis-sioning and decommissioning plan. Detailed : eview of Washington's regulations in terna of Appendix A,10 CTR 40, the state of Washington .
i
(_) believes that, with the adoption of the suggested state regulations for I
radiation protection, the 12 criteria specified in Appendix A,10 CFR 40 are indeed met.,
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- INTERAGENCY ,
AGREEMENT
. between STATE OF WASHINGTON y, DEPARTMENT OF SOCIAL AND HEALTH SERVICES
. MD s DEPARTMENT OF ECOLOGY THIS AGREEMENT, PURSUANT TO RCW 39.34.080 is entered into by and betwean the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, hereinafter referred to as "DSHS", and the CEPARTMENT OF ECOLOGY, hereinafter referred to as "WDOE". !
IT IS THE PURPOSE OF THIS CONTRACT FOR WDOE TO provide to DSHS.
within 60 days of a written request by DSHS, an independent written eval-untion of an independent consultant's or other contractor's study and
{ ,s .
recomendations prepared by DSHS conceming the safety and construction
. of a proposed or existing uran um i or thorium tailings impoundment struc- .
== * --
ture. Tailings jmpoundments shall be reviewed against the criteria in the U.S. Nuclear Regulatory Comission Regulatory Guides 3.11 " Design, Construction and Inspection of E2ankment Systems for Uranium Mills" and 1
3.11.1 " Operational Inspection and Surveillar.ce of E2ankment Retention -
)
Systems for Uranium Mill Tailings", and Washington State ragthtions .
. governing impoundment structures. .
IT 15. THEREFORE, MUTUALLY AGREED THAT: '
c
.& . *" U s' .
- 1
- 1. DUTIES OF 0511S DSHS will issue a formal written request to WDOE to perform said written review. WDOE's Review shall not consist of an independent stidy, but rather shall be an independent review of the consultant's or contractor's independent study. DSHS will furnish to WDOE sufficient copies of the independent study which is the subject of review. LSHS will rely upon information contained in WDOE's review document to determine the adequacy of the consultant's report (s) when composing DSHS's Environmental Impact Statement (EIS)orEnvironmentalReport(ER). The EIS or.ER would be part of the justification for the issuance or denial of a radioactive materials licensing action. .
DSHS shall, through its association with the U.S. Nuclear Regulatory Comission, provide training to employee (s) of WDOE in the area of Tailings Impoundment Structura - Analysis ind Design and other appropriate training
{
- as it becomes available during the contract period.
DSHS shall pay all transportation and per diem cost associated with attend-e ance at public hearings or any other activities, in:1uding on-site field inspections, associated with "naanalysis by WD0E. Reimbursement of WDDE by DSHS shall not exceed $1000.00 except as provided in Section 3.
- 2. DUTIES OF WDOE WD0E will provide, within 60 days or other mutually agreed upon time from -
receipt of the request, a writ, ten analysis of the independent cousultant's study as it relates to the effects of the proposal on the safety of the impoundment structure.
WDOE's analysis of an impoundment structure shall be solely in regard to
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the structural integrity and safety related aspects of the impoundment structure and shall not include any analysis of any potential hazards i
or consequences that may result from the containment or mieard of
=.-
radioactive materials or wastes.
WDOE's analyses shall include:
(a) areas which require further information, if any, before a decision can be made as to whether to allow the proposed action; (b) evaluation of the recomendations made in the report; (c) recomendations for additional mquirements such as installation of monitoring devices; (d) a determination of the adequacy of the consultant's/ contractor's study and recommendations. For igoundment structures WDOE shall .-
use NRC Regulatory Guides 3.11 and 3.11.1 as evaluation criteria. -
WDOE's analyses will form the basis for the DSHS's independent review C .
of an applicant's proposal and its Environmental Impact Statement.
WDOE will make available to DSHS for public hearing and trial purposes
"" those employees who have participated in WD0E's evaluation. ,
It is understood that WDOE has the independent responsibility and
. authority to control water pollution from industrial and comercial activities. This is authorized under RCW 90.48 and implemented with 173-201 WAC.173-220 WAC,173-225 WAC,173-240 WAC and 372-24 WAC.
The water pollution responsibilities exclude radiation which is the responsibility of DSHS. WDOE will exercise its responsibilities in the water pollution aspects of uranium or thoNum mining and milling
! directly with the owner / operator and advice DSHS of these activities in a timely manner. .
- 4. ? .a ,
e 4
ea e ge, e
- r
- 3. PERIOD OF PERFORMANCE -
Subject to its other provisions, the period of performance of this contract 4
shall comence on the 1st day of August 1981 and be completedtn the 30th '
da'y of August 1983, provided either party may terminate this agreement upon 93 day written notification thereof. This contract may be renewed or anended by consent of both agencies.
- 4. The WDOE by entering into this agreement shall not be held liable nor shall contribution be sought by any party for any act taken by WDOE within the scope of this contract.
- 5. DISPUTES In' the event that a dispute arisas under this contract. it shall be resolved in the following manner: The Secretary of DSHS shall appoint -
a menber to the Dispute Board. The Director of WD05 shall appoint a
(
meter to the Dispute Board. The Secretary of DSHS and the Director of WDOE shall jointly appoint a menber of the Dispute Board. The
.- Dispute Soard shall evaluate the dispute and make a determination of ,
the dispute. 'The determination of the Dispute Board shall be final and be binding on the parties hereto. ,
IN WITNESS WHEREOF. the parties have executed this contract
. on this day of 1981. -
John Spencer John A. Beare. M.D. , M.P.H.
Deputy Director Director Depsrtment of Ecology Division of Health 5
. ; J3 -
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- INTEROFFICE AGREEMENT BETWEEN g, RADIATION CONTROL SECTION
- [
AND ,,
' WATER SUPPLY AND WASTE SECTION THIS AGREEMENT is entered into by and between the RADIATION CONTROL SECTION, hereinafter referred to as "RCS", 'and the WATER SUPPLY AND WASTE SECTION, hereinafter referred to as "WSWS".
IT IS THE PURPOSE OF THIS AGREEMENT FOR WSWS TO PROVIDE TO RCS within 60 days of a written request by RCS, an independent written
( evaluation of an independent consultant's or other contractor's study and recomendations prepared for RCS concerning the potential and real
~
--- e ffects of a proposed or existing uranium or thorium milling operation r-and its associated tailings on the drinking water of the mill and that of surmunding residents.
IT 15. THEREFORE, MUTUALLY AGREED THAT:
- 1. DUTIES OF RCS .
RCS will issue a formal written request to WSWS to perfonn said written review. WSWS's review shall not consht of an independent study, but rather shall be an independent review of th's coqultant's O
i or contractor's independent study. RCS will furnish to WSW 6 -
copies of the independent study which'is the subject of rev will rely upon information contained in WSWS's review docum determine the adequacy of the consultant's report (s) when c the Department of Social and Health Services' (DSHS) Enviro Impact Statement (EIS) or Environmental Report (ER). The E would be part of the j' ustification for the issuance or deni radioactive materials licensing action.
~
RCS shall pay all transportation and per diem costs associa attendance at public hearings or any other activit'ies. inc1 p g ; _,.,
site field inspections, associated with an analysis by WSWS r ~. . - ,,
- - " P F'ihEM- , . .bg h r-=
b -
- 2. DUTIES OF WSWS
- ~~ "
s WSWS will provide, within 60 days or other mutually agreed
=== ,
, from receipt of the request, a written analysis of the indt consultant's study as it relates to the potential and real of a proposed or existing uranium or thorium milling operat its associated tailings on the drinking water quality of pt private drinking water sources. .
- 3. PERIOD OF PERFORMANCE .
Subject to its other provisions, the period of perfomance contract shall comence on the 1st day of June 1981 and be on the 31st day of.May 1983, provide (either party may terr t
.. . ._ . _ - - .s _ . :....:..._ - . . _ _ .
- * . 1 0 .
agreement upon 90 day written notification th'ereof. This contract may be renewed or amended by consent of both parties. .I s
a s
. 4. DISPUTES In the event that a dispute arises under this contract, it shall
- be resolved in the following manner: RCS and WSWS Section Heads s
shall each appoint members to the Dispute Board. The WSWS Section
- Head and the RCS Section Head shall jointly appoint a menber of the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The detennination of the Dispute Board shall be final and be binding on the parties hereto. .,
9 IN WITNESS WHEREOF, the parties have executed this contract
( on this [ day of [,1981.
= = ~ s 1 ,
1
! Baad, Radiation Control Section Baad, Water Supply and Waste Section S e e
O e e 8
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j
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- INTERAGENCY ~
! AGREEMENT . .
, BETWEEN STATE OF WASHINGTON i DEPARTMENT OF SOCIAL AND HEALTH SERVICES AND .
DEPARTMENT OF NATURAL RESOURCES i
- j. THIS AGREEMENT, PURSUANT TO RCW 39.34.080 is entered into by and between the DEPARTMENT OF SOCIAL AND HEALTH SERVICES, hereinafter l -
' referred to as "DSHS", and the DEPARTMEf'T OF NATURAL RESOURCES, hereinafter ,
I referred to as "DNR".
- IT IS THE PURPOSE OF THIS CONTRACT FOR DNR TO provide to l
fb .
DSHS, within 60 days of a written request by DSHS, an independent written evaluation of an independent consultant's or other contractor's study and e
- recomendatt'ons prepared for DSHS concerning the properties of the physical ,
f environment to include natural resource development, energy production and
! consumption, land use and management in conjunction with the uranium or 3
thocturc milling industry.
- IT IS. THEREFORE, MLTTUALLY AGP.EED THAT
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- 1. DUTIES OF DSHS
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DSHS will issue a fomal written request to DNR to perform sfid written l review. DNR's review shall not consist of an independent study, but rather shall be an independent review of the consultant's or' contractor's independent study. DSHS will furnish to DNR sufficient copies of i;he independent study which is the subject of review. DSHS will rely upon-
! information contained'in DNR's review document to determine the adequacy l of the con::ultant's report (s) when composing DSHS's Environmental Impact Statement (EIS) or Environmental Report. The EIS would be part of the j justification for the issuance or denial of a radioactive materials 1
l licensing action.
DSHS may through its association with the U.S. Nuclear Regulatory l '
~
}
, Comission, provide training to employee (s) of DNR as it becomes t (1 -
available during the contract period.
{
l .
j === DSHS sha,11 pay all transportation and per diem costs associated with i attendance a't public hearings or any other activities, including on-site 1
l field inspections, associated with analysis by DNR. Reicibursement
- for this activity shall not exceed $1000.00, i
- 2. DUTIES OF DNR DNR will provide, within 60 days or other mutually agreed upon time from receipt of the request, a written analysis of the independent consultant's
. study as it relates to the uranium or thorium milling industry.
' - DNR's analysis shall be :;olely in regard to elements of the physical
~
environment, as stated above, and shall not include any analysis of i
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any potential hazards or consequences that may result from the contain-ment or release of radioactive materials or wastes. Thisanhysisshall include:
i (a) areas whi9 h require further information, if any, before~a decision can be made as to whether to allow the proposed action;
} (b) evaluation of the recomendations made in the report; (c) recomendations for additional development such as alternatives; (d) a determination of the adequacy of the consultant's/ contractor's study and recomendations.
i The analysis will fom the basis for the DSHS's independent review of an
~
applicant's proposal and its Environmenta'1 Impact Statement. DNR will i make available to DSHS for public hearing purposes those employees who l .
have participated in DNR's evaluation.
l U .
- 3. PERIOD DF PERFORMANCE
-~ Subject to its other provisions, the period of performance of this contract i
i shall comence on the 1st day of September,1981 and be completed on the i
31st day of October,1983, provided either party may terminate this agree-l ment upon 90 day written notification thereof. This contract may be renewed or amended by consent of both agencies.
l.
> 4. The DNR by entering into this agreement shall not be held liable nor shall '
contribution be sought by any party for any act taken by DNR within the scope of this contract. ,
.5.
DISPUTES In the event that a dispute arises under this contract, it shall be resolved in the following manner: TheSecretaryofDSHSshallappoknt 1
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or < . .
r o, a member to the Dispute Board. The Comissioner of DNR shall appoint a member to the Dispute Board. The Secretary of DSHS and the hissioner of DNR shall jointly appoint a member of the Dispute Board. -The Dispute Board shall evaluate the dispute and make detemination of the dispute.
The determination of the Dispute Board shall be final and be binding on the parties hereto.
IN WITNESS' WHEREOF. the parties have executed this contract day of 1981.
on this .
O. O M .'M .i
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. Wg 9nw ENCLOSURE 3
") J Ref: SA/JOL I
e, ".
'NOV 181985 ,
t Mr. Terry Lash. Director Department of Huclear Safety 1035 Outer Park Drive Springfield Illinois 62704
Dear Hr. Lash:
As promised in my November 15,1985 letter to you. I am writing to convey the rest of our coments on the draft proposal for a Section 274b
. Agreement.
dnclosure 1 contains our suggested changes to the draft Agreement and to the draf t letter from the Governor. These changes will help satisfy the
- statutory requirements for certification by the Governor. Other minor editorial changes are also indicated.
Enclosure 2 contains our coments on the "Frogram Statement" portion of i the draft application. As we discussed, the suggested changes will help show that the criteria provided in the KRC Policy Statement for such applications have been met by the Illinois proposal.
- 1
-. We belie've it would be prudent to let us review the revised Program . j Statenent prior to formal submittal by the Governor to assure that no l unresolved q'uestions remain. We would also appreciate receiving a copy of the proposed regulations when they are published for public coment.
Volume II. " Statutes
- should be revised to include the recently enacted amendments to your statutes.
Enclosure 3 includes a copy of our internal procedure for review of Agreement State programs and includes the questionnaire you requested and which we use as a basis for reviews (See Appendix E).
l I
- m. >l%................. ................... . . . . . . . . . . . . .. . . . . . . . . . . . . . < .
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g............. ....................,............. ..,........ ,....
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. .. f * * * * *}-* . * 'k __
ic eenv m no-osi acw cuo OFFICIAL RECORD COPY
-. ._n.... ~ ...._.: . . . . . . - . _ . . ~ . - . - . . . . .. . .
Mr. Terry Lash '
If you have any questions, please do not hesitate to call Joe 11.ubenau
- at 301-492-9BS7.
Sincerely. .-
Original signed by:
D. Nussbaumer,,' .-
Donald A. Nussbaumer Assistant Director for State Agreements Program Office of State Programs p.
Enclosures:
/12 Stl ,
As stated v cc: R. Lickus, RIII. w/encls.
Distribution:
SA R/F Dir R/F J0Lubenau,w/ enc 1.
DANussbaumer, w/ enc 1.
JSaltzman, w/ enc 1.
JHickey. FC, w/ enc 1.
JMapes. ELD, w/ enc 1.
Illinois file (fe) w/ enc 1.
== - .
- F 8Ct ) - . . .$ .... .. .A....... ............. .............. ............. .. .......... ............
~ > - .. . . . .a.uf,b,h, ,0,A, , ,s,s,b,a,um,e,r, ,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,
- '8 > 11/.1.8/.8.5. . . . .1.1 m /.85.... .............. ............. .............. .........
ac escu sie nosoi acu eno OFFICIAL RECORD COPY
i
, . . s I
4 Enclosure 2 -
g .
Coments on Volume I, " Program Statement" -
Page Coment 2-9 The discussion on your statutes should be revised to reflect the i recent amendments to your statutes.
24 Line 9: Insert " license and" before 3
decomissioning to reflect the fact
. that the NRC license for the
- Sheffield disposal site will be transferred to 1111noic.
i 26 This may be the rest appropriate i place to specifically note that the State will license this site under 4 the term of the Section 274b Agreement. -
! 27 Section c: We suggest expanding this section to provide scre detail on the i IDNS plans and role in site j - selection, selection of an operator,
- 1ssuance of a license to the operator
- and subsequent regulation of the site operator licensee. Particular attention should be paid to the possibility of, or appearance of, l . conflict of interest in these roles j . for IDNS.
! - 28-29 Note should be made here that the i
Kress Creek contamination, if deemed i to be " source material," will become j the regulatory responsibility of IDNS under the Agreement.
39-40 1. Section III.A: More and detailed
! information on IONS staffing for the material program is needed. An i updated staffing chart showing all i authorizcd staff positions should be l provided in Appendix 7. When filled.
names of incumbents should be provided. A list of the professional staff by position, title and name (if filled), function (administration, supervision, licensing, inspection) and percent of time spent in the materials program is also needed L
.11/6~
ENCLOSURE 3 /
") J Ref: SA/JOL I
. .f e,
'NOV 181985 $
Mr. Terry Lash Director f Department of Huclear Safety 1035 Outer Park Drive Springfield Illinois 62704
Dear Hr. Lash:
As promised in my Novee.ber 15, 1985 letter to you, I am writing to convey the rest of our cor:vnents on the draft' proposal for a Section 274b Agreement.
Enclosure I contains our suggested changes to the draft Agreement and to the draf t letter from the Governor. These changes will help satisfy the ~
statutory requirements for certification by the Governor. Other minor editorial changes are also indicated.
Enclosure 2 contains our coments on the ' Program Statement" portion of the draf t application. As we discussed, the suggested changes will help show that the criteria provided in the MRC Policy Statecent for such applications have been met by the Illinois proposal.
-" We belie've it would be prudent to let us review the revised Program .
Statenent prior to formal submittal by the Governor to assure that no unresolved q'uestions remain. We would also appreciate receiving a copy of the proposed regulations when they are published for public cocraent.
Volume II. " Statutes" should be revised to include the recently enacted amendments to your statutes.
Enclosure 3 includes a copy of our internal procedure for review of ,
Agreement State programs and includes the questionnaire you requested ,
and which we use as a basis for reviews (See Appendix E). !
l e: l
?........... . . . . . ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g............... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . ....e. . . . . . . .
.....7- .
..........4 . . . . . . . . . . . .. ..
ane m ineeoi .cw sr.o OFFICIAL RECORD COPY
I .
i Mr. Terry Lash - 2-If you have any questions, please do not hesitate to call Joel*Lubenau -
at 301-492-9887. .-
Sincerely, .-
Original signed bit ~
D. Wassbau=er ,,e .-
Donald A. Nussbaumer l Assistant Director for 1 State Agreements Program ;
Office of State Programs :
)
/- I
Enclosures:
/ /2 Al ,
As stated cc: R. Lickus, RIII, w/encls.
Distribution:
SA R/F Dir R/F J0Lubenau,w/ enc 1.
DANussbaumer,w/ enc 1.
JSaltzman, w/ enc 1.
JHickey. FC, w/ enc 1. ,
JMape.s, ELD w/ enc 1.
Illinois file (fc) w/ enc 1.
.==. -
t l
l oresce > S .... .. .A....... ............. .............. ............. ............. ...........
~ .. . .
.a.uf,b,h. , , , , ,s,s,b.a,um,e,r, ,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,,
ears > .11/.1.8/.8.5. . . . .1.1 /.85.... ............. .............. .............
e cnocu mis oooon.acu as.o OFFICIAL RECORD COPY
_ . . _ _ . , - , - - . ,, - , _ . . . - - - r- - - - - -
r
,1 s
Enclosure 2 ,
m.
Coments on Volume 1. " Program Statement" -
Page Coment 2-9 The discussion on your statutes should be revised to reflect the recent amendments to your statutes.
. 24 Line 9: Insert " license and" before decomissioning to reflect the fact that the NRC license for the Sheffield disposal site will be -
transferred to Illinois.
26 This may be the most appropriate place to specifically note that the
~
State will Itcense this site under the tem of the Section 274b Agreement. -
27 Sectiori c: We suggest expanding this section to provide more detail on the
. IONS plans and role in site selection, selection of an operator.
issuance of a license to the operator and subsequent regulation of the site operator licensee. Particular attention should be paid to the ,
possibility of, or appearance of.
. conflict of interest in these roles l for IONS.
28-29 Note should be made here that the Kress Creek contamination, if deemed to be " source material." will become the regulatory responsibility of IONS under the Agrsement.
. 39-40 1.Section III.A: More and detailed information on IDNS staffing for the
>- material program is needed. An updated staffing chart showing all authorized staff positions should be provided in Appendix 7. knen filled,
~
names of ircuncent:: should be
[ provided. A list of the prc,fessional staff by position, title and name (if
. filled), function (administration.
supervision licensing, inspection) and percent of time spent in the materials program is also needed
- ,_ _ __