ML20141G960
| ML20141G960 | |
| Person / Time | |
|---|---|
| Issue date: | 03/05/1986 |
| From: | Nussbaumer D NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Seiple S ILLINOIS, STATE OF |
| Shared Package | |
| ML20140C976 | List: |
| References | |
| NUDOCS 8604240034 | |
| Download: ML20141G960 (3) | |
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c MAR 5 1986 Ref: SA/JCL ,
lir. Stephen W. Seiple Chief Legal Counsel Department of Huclear Safety 1035 Outer Park Drive Springfield, Illinois 62704
Dear Mr. Seiple:
. Thank you for the opportunity to review the proposed amendments to the Department's regulations that were noticed in the Illinois Register on January 24, 1986. We have 3 coments which concern compatibility of the proposed regulations with those of HRC. These were discussed by
, telephone with Ms. Kathleen Knepper on March 3, 1986.
- 1. In our opinion, the language used by Illinois to revise the Scope section of Part 310($310.10) is overly broad in that it only limits the applicability of the Illinois regulations with respect to those matters "for which Federal law gives exclusive regulatory jurisdiction to the U.S. Nuclear Regulatory Comission." (Emphasis supplied.) Although it can be argued that the language used by Illinois accurately reflects the fact that under the provisions of the 1959 Federal-State Amendment to the Atomic Energy Act, ,
regulatory authority over Atonic Energy Act materials was either to be exercised by the Comissiun or by the State but not by both, the criterion of " exclusive jurisdiction" if applied literally would pennit the State to claim that Illinois regulations remain applicable in those cases in which regulatory authority over atomic energy materials is exercised by NRC and by any other Federal or State authority. EPA's authority to regulate radioactive pollutants under the Clean Air Act Amendments of 1977, and EPA's Atomic Energy Act authority to establish generally applicable j environmental standards for the protection of the general environmentfromradioactivematerialarecgsesinpoint. The preferred language is that used in the SSR. However, the problem I
Section A.1 of the SSR text reads in part: "provided, however, that nothing in these regulations shall apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Comission."
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could also be remedied by striking the word " exclusive" from the text of $310.10.
The proposed revision of $320.10. Registration, presents a similar problem. In this case, it is our view that the words "unless -
Federal law gives exclusive regulatory jurisdiction over such
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operation to the U.S. Nuclear Regulatory Comission," should be replaced by the following substitute text: "Except to the extent that the U.S. Nuclear Regulatory Comission has regulatory jurisdiction over such operation, any operator of a facility where radiation machines are used or where radioictive material is ;
produced, transported, stored, used, or disposed of any purpose, shall register such radiation installation with the Department...."
Either of the remedies suggested earlier would be acceptable here i as well.
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- 2. Section 601.20, Definitions, provides a definition for (low-level radioactive) waste and states that the term " waste" "has the same
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megning as in the Low Level Radioactive Policy Act, P.L.96-573."
That act was amended in 1985 and the definition of waste should J track the recent amendments. The following would be acceptable:
" ...has the same meaning as in the Low Level Radioactive Policy Act, P.L.96-573, as amended, i.e., radioactive i material that (A) is not.high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in section 11e.(2) of the Atomic Energy Act of 1954(42U.S.C.
2014(e)(2))); and (B) the Nuclear Regulatory Conaission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste."
l 3. In Section 340.3110, Transfer for Disposal and Manifests, j subparagraph a) states that "Each shipment of radioactive waste to a licensed laiid disposal facility shall be accompanied by a shipment manifest that contains the.name, address, and telephone number of the person transporting the waste to the land disposal facility" (underlining added). The person identified on the manifest must be the person generatins the waste. The generator will be the person who itill be knowle< geable about the contents of the waste shipment (as described in the manifest). The change is also necessary to assure nationally uniform requirements for ,
manifests, regardless of origin or destination of the licensed l waste shipment. We apologize for not having brought this to your ,
attention earlier. i The above coments must be accommodated in' order for the NRC staff to recomend a finding of compatibility for the proposed amendments. If you wish, we will be pleased to discuss these coments or alternatives
- with you. Please call me at 301-492-7767. Joel Lubenau is also available at 302-492-9887 and Jane Hapes of our legal staff can be '
i reached at 301-492-8695.
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Mr. Stephen W. Seiple -
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Joel Lubenau will write you shortly with other coments on the proposed amendments (e.g.,"CategoryIIandIII" items). I would however, like to ask the Department to reconsider an earlier " Category II" comment.
In Section 340.3110 d,), we would suggest inserting of the word
" generating" in front of the word "1.icense" in lines 1 and 3. The requirements of this section should not be applicable to licensees who receive prepackaged waste for storage and reshipment only (waste l brokers). Adding the modifier, " generating" makes this distinction clear to readers of the regulations.
Sincerely, Ori;inal signed by,3 ,
D. Eussbaumer I' Donald A. Nussbaumer Assistant Director for State Agreements Program Office of State Programs Distribution:
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