ML20209G774
| ML20209G774 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/1985 |
| From: | Nussbaumer D NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Sanborn G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| Shared Package | |
| ML20209G768 | List: |
| References | |
| FOIA-85-583 NUDOCS 8509190690 | |
| Download: ML20209G774 (62) | |
Text
F-' U 13 LI I UU 4 I Ull .
SA R/F
,y- Dir R/F l KNSchneider /
RDoda SDakota file (fc) MAY 7 1985 Ref: SA/KNS MEMORANDUH FOR: Gary Sanborn Regional State Liaison Officer Region IV FROM: Donald A. Nussbaumer Assistant Director for i
State Agreements Program Office of State Programs
SUBJECT:
AGREEMENT INFORMATION FOR STATE OF SOUTH DAKOTA For your response to the April 24, 1985 letter from Joci Smith, South Dakota, you should send the following:
- 1. Summary of NRC's Program for Transfer of Regulatory Authority to States
- 2. Section 274 of the Atomic Energy Act, as amended
- 3. Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement
- 4. Agreement with the State of Utah
- 5. Evaluation of Agreement State Radiation Control Programs; General Statement of Policy
- 6. Guidance on Limited State Agreements for Regulation of Low-Level Radioactive Waste Disposal (Enclosed)
- 7. Model State Legislation edited for Low-Level Waste Only (Enclosed)
- 8. Listing of low-Level Waste Regulatory Guides and Technical Positions.(Enclosed)
In no.5, under Personnel, a minimum of 2 professionals is necessary to assure continued coverage. For a State actively pursuing an Agreement, it would normally take 1 to 2 years to submit the formal request to the NRC. The NRC evaluation usually takes an additional three months before finalizing the agreement.
If you need any additional information please contact me.
Originni cicned byt D.Uussban :r 8509190690 850904 Donald A. Nussbaumer Ass an c r for 85 f33 PDR State Agreements Program Office of State Programs
Enclosures:
As stated
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Suggested State Legislation STATE RADIATION CONTROL ACT (Modified for Low Level Waste Only)
The Council of State Governments' SUGGESTED STATE LEGISLATION - PROGRAM FOR 1961 included a model State Radiation Control Act which has been used by many of the states as a framework for developing comprehensive radiation control programs. Since publication of the model act numerous changes have occurred in federal and state radiation control programs for which revised and addi-tional provisions to the model act are needed. Therefore a complete updating of the 1961 model act which may be enacted in its entirety or on a section-by-section basis to amend existing state legislation is now being prepared. This is an edited version of the draft-revision of the model act which has been further revised to provide for states to enter into limited agreements with the Nuclear Regulatory Commission for low-level radioactive waste disposal t- only.
6 The Low Level Radioactive Waste Policy Act of 1980, the National Governors Association and the State Planning Council on Radioactive Waste Management have endorsed a policy of state responsibility for providing the availability of capacity for disposal of low-level radioactive waste and regional imple-mentation of such facilities. A similar policy statement has been added to Section 1 of the model act. Section 6 authorizes the negotiation of regional 1
interstate compacts for radioactive waste disposal, the acquisition of land for disposal sites and the establishment of a waste disposal service.
1 Reference 3
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Section 4 of the model act provides for designation of a state radiation control agency (ies). In order to avoid the potential for conflicts of interest between regulatory and developmental or operational responsibilities, these responsibilities should not be assigned to the same agency. In the case of radioactive waste disposal, the state agency responsible for proprietary activities, including facility acquisition and operation or contracting with a facility operator, should be separate from the radiation control agency responsible for licensing and regulating the waste disposal activity.
The General Accounting Office, in a review of the Agreement States program, recommended that the states charge user fees to offset, at least partially, the cost of administering their radiation control programs. Section 7 provides for the radiation control agency to collect user fees for services of licensing, inspection and environmental surveillance.
The surety requirements of Section 8 incorporate the Nuclear Regulatory Commission's requirements and recommendations of the Conference of Radiation Control Program Directors' task force on bonding and perpetual care of 6
licensed nuclear facilities. Under Section 8, licensees would be required to provide financial surety to ensure site closure and stabilization of low-level radioactive waste disposal facilities prior to license termination, and long-term care funds would be required to cover custodial services for waste disposal sites after license termination.
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Procedural requirements for public participation in licensing the disposal of radioactive waste, environmental impact analysis, and judicial review are included fi. Section 14, Administrative Procedure and Judicial Review. These procedural requirements conform to Commission procedures for licensing waste disposal and are the same as those established by the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) for tailings (waste) from processing uranium and thorium ores.
Section 13, Penalties, includes authority for the states to assess and collect civil monetary penalties for violations of licensing requirements. This is similar to NRC's authority under Section 234 of the Atomic Energy Act and it 4
provides an alternative and effective enforcement penalty which is more severe than correspondence about corrective action and less severe ~than license suspension or revocation or criminal penalties.
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Suggested Legislation (Edited for disposal of low-level radioactive wastes only)
[ Title should conform to state requirements.] l (Be it enacted, etc.)
1 Section 1. Declaration of Policy. It is the policy of the State 2 of in furtherance of its responsibility to 3 protect the [ occupational and] public health and safety and the 4 environment:
5 (1) to provide for the availability of capacity either within 6 or outside the state for the disposal of low-level radioactive 7 waste generated within the state except for waste generated as a 8 result of defense or federal research and development activities 9 and to recognize that such radioactive waste can be most safely and
(. 10 efficiently managed on a regional basis; and 11 (2) to institute and maintain a regulatory program for disposal 4 12 of low-level radioactive waste so as to provide for (a) compatibility 13 and equivalency with the standards and regulatory programs of the 14 federal government and (b) a system consonant insofar as possible 15' with those of other states.
1 Section 2. Purpose. It is the purpose of this act to effectuate 2 the policies set forth _in Section 1 by providing for:
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_ _ - - - _ __m__--__..__.m_.-. ____-___-___-__ __._m___.m_
- 9 3 (1) a program of effective regulation of disposal of low-level 4 radioactive waste for the protection of the [ occupational and] public 5 health and safety; and 6 (2) a program to establish procedures for assumption and 7 performance of certain regulatory responsibilities with respect to 8 disposal of byproduct, source, special nuclear and other radioactive 9 materials.
1 Section 3. Definitions.
2 (a) Byproduct materials means 3 (1) any radioactive material (except special nuclear material) 4 yielded in or made radioactive by exposure to the radiation incident 5 to the process of producing or utilizing special nuclear material, 6 and 7 (2) the tailings or wastes produced by the extraction or 8 concentration of uranium or thorium from any ore processed primarily 9 for its source material content.
t- 10 (b) Civil penalty means any monetary penalty levied on a licensee 11 because of violations of statutes, regulations or licenses, but e- 12 does not include criminal penalties.
13 (c) Closure - see Site closure and stabilization 14 (d) Decommissioning means final operational activities at a 15 facility to dismantle site structures, to decontaminate site surfaces 16 and remaining structures, to stabilize and contain residual 17 ~ radioactive material, and to carry out any other activities to 18 prepare the site for post operational care.
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19 (e) Disposal means the isolation of radioactive waste from the 20 biosphere by emplacement in a land disposal facility.
21 (f) High-level radioactive waste means (1) irradiated reactor 22 fuel, (2) liquid wastes resulting from the operation of the first 23 cycle solvent extraction system, or equivalent, and the concentrated 24 wastes from subsequent extraction cycles, or equivalent, in a facility 25 for reprocessing irradiated reactor fuel, (3) solids into which such 26- liquid wastes have been converted, and (4) other highly radioactive 27 waste material as defined by the U.S. Nuclear Regulatory Commission.
28 (g) Land disposal facility means the land, buildings, and 29 equipment which is intended to be used for the disposal of radioactive 30 wastes into the subsurface of the land.
31 (h) Low-level radioactive waste means radioactive waste not 32 classified as high-level radioactive waste, transuranic waste, 33 spent nuclear fuel or byproduct material as defined in 34 subsection 3(a)(2).
35 (i) Person means any individual, corporation, partnership, firm, g, 36 association, trust, estate, public or private institution, group, 37 agency of this state other than [ agency], political subdivision of 38 this state, any other state or political subdivision or agency 39 thereof, and any legal successor, representative, agent, or agency 40 of the foregoing, but not including federal government agencies.
The term " agency" appears in brackets throughout this_Act. Wherever it so appears, the name of the appropriate agency or agencies should be inserted (see Section 4).
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41 (j) Radioactive material means any material (solid, liquid or gas) 42 which emits ionizing radiation spontaneously. It includes accelerator-43 produced, byproduct, naturally occurring, source and special nuclear 44 materials.
45 (k) Site closure and stabilization means those actions that are 46 taken upon completion of operations that prepare the disposal site 47 for custodial care and that assure that the disposal site remain 48 stable and will not need ongoing active maintenance.
49 (1) Source material means (1) uranium or thorium, or any 50 combination thereof, in any chemical or physical form; or (2) ores 51 which contain by weight one-twentieth of one percent (0.05 percent) 52 or more of (i) uranium, (ii) thorium, or (iii) any combination 53 thereof. Source material does not include special nuclear material.
54 (m) Special nuclear material means (1) plutonium, uranium 233, and 55 uranium enriched in the isotope 233 or in the isotope 235, but does 56 not include source material; or (2) any material artificially enriched
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57 by any of the foregoing, but does not include source material, t- 58 (n) Spent nuclear fuel means irradiated nuclear fuel that has 59 undergone at least one year's decay since being used as a source of
& 60 energy -in a power reactor. Spent fuel includes the special nuclear 61 material, byproduct material, source material and other radioactive 62 material associated with fuel assemblies.
63 (o) Transuranic waste means radioactive waste containing alpna 64 emitting transuranic elements at levels determined by the U.S.
65 Nuclear Regulatory Commission to be transuranic waste, or at more 66 stringent levels determined by the [ agency].
67 (p) [ Additional definitions may be included.]
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1 Section 4. State Radiation Control Agency.
l 2 (a) [The Department of is hereby designated as the 3 State Radiation Control Agency, hereinafter referred to as the 4 [ Agency).] [There is hereby created a State Radiation Control Agency, 5 hereinafter referred to as the [ Agency]. The [ Agency] shall be an 6 organizational component of the State Department of .]
7 [There is hereby created an independent State Radiation Control Agency, 8 hereinafter referred to as the [ Agency].]
9 (b) The [ head] of the State Department of shall 10 [ designate an individual to] be Director of the [ agency], hereinafter 11 referred to as the Director, who shall perform the functions vested 4
12 in the [ agency] pursuant to the provisions of this act.
If an independent State Radiation Control Agency is created, the Governor should appoint the Director.
13 (c) In accordance with the laws of the state, the [ agency] may
- g. 14 employ, compensate, and prescribe the powers and duties of such
, 15 individuals as may be necessary to carry out the provisions of l
g 16 this act.
I 17 (d) The [ agency] shall for the protectio 1 of the [ occupational and]
18 public health and safety [and the environment]:
19 (1) Develop a program with due regard for compatibility with 20 federal programs for regulation of disposal of low-level radioactive l 21 waste; 22 (2) Formulate, adopt, promulgate and repeal codes, rules and 23 regulations, which include provisions for licensing, relating to 8
. , . . 's, 24 disposal of low-level radioactive waste.
25 (3) Issue such orders or modifications thereof as may be 26 necessary in connection with proceedings under Section 5 of this 27 act [or cite appropriate act];
This power is intended for use in conjunction with any licensing authority. The act or acts providing this authority should be cited.
28 (4) Advise, consult, and cooperate with other agencies of the 29 state, the federal government, other states and interstate agencies, 30 political subdivisions, and other organizations concerned with
. 31 control of sources of radiation; 32 (5) Have the authority to accept and administer loans, grants or 33 other funds or gifts, conditional or otherwise, in furtherance of its 34 functions, from the federal government and from other sources, public 35 or private; t- 1 Section 5. Licensing of Disposal of Low-Level Radioactive Waste.
2 (a) The [ agency] shall provide by rule or regulation for
& 3 licensing of disposal of low-level radioactive waste. Such rule or 4 regulation shall provide for amendment, suspension or revocation of 5 licenses. Such rule or regulation shall provide that:
6 (1) Each application for a license shall be in writing and 7 shall state such information as the [ agency], by rule or regulation, 8 may determine to be necessary to decide the technical and finan-9 cial qualifications or any other qualifications of the applicant as the 10 [ agency] may deem reasonable and necessary to protect the [ occupational 9
z . . .
11 and] public health and safety. The [ agency] may at any time after the 12 filing of the application, and before the expiration of the license, 13 require further written statements and may make such inspections as the 14 [ agency] may deem necessary in order to determine whether the license 15 should be modified, suspended or revoked. All applications and statements 16 shall be signed by the applicant or licensee. The [ agency] may require 17 any applications or statements to be made under oath or affirmation; 18 (2) Each license shall be in such form and contain such terms and 19 conditions as the [ agency] may by rule or regulation prescribe; 20 (3) No license issued under the authority of this act [or cite 21 appropriate act] and no right to possess or utilize radioactive 22 material granted by any license shall be assigned or in any manner 23 disposed of unless the [ agency] shall, after securing full informa-24 tion, find that the transfer is in accordance with the provisions 25 of this act, and shall give its consent in writing.
Where the clause "[or cite appropriate act]" appears throughout the
- s. remainder of the act, cite act or acts which provide for regulation of sources of radiation.
4 26 (4) the terms and conditions of all licenses shall be subject 27 to amendment, revision, or modification by rules, regulations or 28 orders issued in accordance with the provisions of this act [or 29 cite appropriate act].
30 (5) The [ agency] shall not approve any application for a license 31 to receive radioactive waste from other persons for disposal on land 32 not owned by the state or federal government.
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L Section 6 Low-Level Radioactive Waste Disposal Facilities 1 (a) The [ agency] is authorized to enter into negotiations for
- - 2 - a compact with other states for the establishment and operation of 3 a regional facility for disposal of low-level radioactive waste.
4 Any such compact, before being put into effect, shall be ratified by
- 5 the legislatures of the several states and consented to by the Congress 6 of the United States.
i To avoid the appearance of conflict of interests between regulatory and operational responsibilities, the agency designated in subsections (a),
i (b), (c) and (d) for custody and operational management of facilities for the disposal of radioactive waste should not be the same agency as desig-nated in Section 4 as the radiation control agency. The licensing agency 4
designated in subsection (d) (third reference) is the radiation control agency, as is the regulatory agency having jurisdiction in subsection (c).
7 (b) The state is authorized to accept or acquire, by gift, L- 8 transfer or purchase, from another government agency or private 9 person, suitable sites including land and appurtenances for the 6 10 disposal of low-level radioactive waste. Sites received by gift or 11 transfer are-subject to approval and acceptance by the [ agency on
, 12. behalf of the] state.
13 '(c) Lands and appurtenances which are used for the disposal of 14 low-level radioactive waste shall be acquired in-fee simple absolute:
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'15. and used exclusively: for such purpose, unless or until the [ regulatory 1
- 16 - ' agency having licensing jurisdiction over the site] determines that 17 such exclusive use is not required to protect the public-health, 11-i l-i m -~,e 4 - , -, . - - . - - -, ,- - -~,m. m, - - - ,, , , . - . ~ , a me..-,
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18 safety, welfare, or environment. Before such a site is leased 19 for other use, the [ regulatory agency] shall require and assure that 20 the radioactive waste history of the site be recorded in the perma-21 nent land records of the site. All radioactive material accepted 22 by the [ agency] or by any agent of the [ agency] for disposal on a 23 radioactive waste disposal site shall become the property of the 25 state.
26 (d) The [ agency] is authorized to arrange for the availability of 27 a service for disposal of low-level radioactive waste by contract [or 28 agency] operation of a disposal site acquired pursuant to subsec-29 tion (b) or already owned by the state. The operator shall be 30 subject to licensing by the [ agency] and a contract operator shall 31 be subject to the surety and long-term care funding provisions of 32 Section 8 of this act.
1 Section 7. Radiation User Fees.
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2 (a) The [ agency] shall prescribe and collect such fees as may be s- 3 established by regulation for radiation protection services provided 4 under this Act. Services for which fees may be established include 4 5 (1) issuance, amendment and renewal of licenses for radioactive 6 materials, 7 (2) inspection of licensees, and 8 (3) environmental surveillance activities to assess the 9 radiological impact of activities conducted by licensees.
10 (b) In determining rates of such fees, the [ agency] shall, as an 11 objective, obtain sufficient funds therefrom to reimburse the state 12 for all or a substantial portion of the direct and indirect costs of f
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13 the radiation protection services specified in subsection (a). The 14 [ agency] shall take into account any special arrangements between the 15 state and a licensee, another state or a federal agency whereby the 16 cost of the service is otherwise partially or fully recovered.
17 (c) Notwithstanding the provisions of subsection (a), fees for 18 licenses for radioactive materials shall not be required for an 19 agency of the state or any political subdivision thereof.
20 (d) When a licensee fails to pay the applicable fee, the [ agency]
21 may suspend or revoke the license or may issue an appropriate order.
1 Section 8. Surety Requirements.
2 (a) For licensed activities involving disposal of low-level 3 radioactive waste the [ agency] shall establish by rule or regulation 4 standards and procedures to ensure that the licensee will provide an 5 adequate surety or other financial arrangement to permit the com-6 pletion of all requirements established by the [ agency] for the 7 decontamination, decommissioning, site closure and stabilization of t- 8 sites, structures and equipment used in conjunction with such 9 licensed activity, in case the licensee should default for any reason 6 10 in performing such requirements.
Acceptable sureties would include bonds issued by fidelity or surety companies authorized to do business in [ state], cash deposits, certificates of deposit, deposits of government securities, irrevocable letters or lines of credit, trust funds, escrow accounts or such other types of arrangements, but not including any arrangement which essentially constitutes self insurance.
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This subsection (a) can be amended, if desired, to require the surety to also ensure payment of the long-term care funds required by subsection (c).
10 (b) All sureties required pursuant to subsection (a) which are 11 forfeited shall be paid to the [ agency] for deposit by the [stcte 12 treasurer] in a special fund called the [ radiation site closure and 13 reclamation fund]. All monies in this fund are hereby appropriated 14 and may be expended by the [ agency] as necessary to complete such 15 requirements on which licensees have defaulted. Monies in this fund 16 shall not be used for normal operating expenses of the [ agency].
The state may want to consider ways of maximizing this fund by 4
authorizing the investment of unexpended monies of the fund in a manner consistent with state policy and statutes.
17 (c) For licensed activities involving the disposal of low-level 18 radioactive waste the [ agency] shall establish by rule or regulation t- 19 standards and procedures to ensure that the licensee, before termi-20 nation of the license, will make available such funding arrangements 6 21 as may be necessary to provide for long-term site surveillance and 22 care.
23 (d) All funds collected from licensees pursuant to subsection (c) 24 shall be paid to the [ agency] for deposit by the [ state treasurer]
25 in a special fund called the [ radiation long-term care fund]. All 26 funds accrued as interest on monies deposited in this fund are 27 hereby appropriated and may be expended by the [ agency] for the 28 continuing long-term surveillance, maintenance and other care of 14 I
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p 29 facilities from which such funds are collected as necessary for 30 protection of the public health, safety and environment. Notwith-31 standing any other provisions of this subsection, if title to and 32 custody of any radicactive material and its disposal site are 33 transferred to the United States upon termination of any license for 34 which funds have been collected for such long-term care, the 35 collected funds and interest accrued thereon shall be transferred 36 to the United States.
The state may want to authorize appropriations and expenditures from the corpus of this fund to carry out the purposes of subsections (c) and (d) and may want to maximize this fund by authorizing the investment of the corpus and unexpended appropriated interest in a manner consistent with state policy and statutes.
37 (e) The sureties or other financial arrangements and funds 38 required by subsections (a) and (c) shall be established in amounts
'- 39 sufficient to ensure compliance with those standards, if any, estab-40 lished by the U.S. Nuclear Regulatory Commission pertaining to 6- 41 closure, decommissioning and long-term site surveillance and care 42 of such facilities and sites.
43 (f) The [ agency] may by contract,' agreement, lease or license 44 with any person, including another state agency, provide for the 45 decontamination, closure, decommissioning, reclamation, surveillance 46 or other care of a site subject to this section as needed to carry 47 out the purposes of this section.
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48 [(g) All state, local, or other government agencies shall be 49 exempt from the requirements,of subsections (a) and (c).]
1 Section 9. Inspection. The [ agency] or its duly authorized 2 representatives shall have the power to enter at all reasonable times 3 upon any private or public property for the purpose of determining 4 whether or not there is compliance with or violation of the provi-5 sions of this act [or cite appropriate act] and rules and regulations 6 issued thereunder, except that entry into areas under the jurisdic-7 tion of the federal government shall be effected only with the 8 concurrence of the federal government or its duly designated 9 representative.
1 Section 10. Records. The [ agency] is authorized to require by 2 rule, regulation or order, the keeping of such records with respect 3 to activities under licenses and registration certificates issued 4 pursuant to this Act as may be necessary to effectuate the purposes t- 5 of this Act. These records shall be made available for inspection 6 by, or copies thereof shall be submitted to, the [ agency] on request.
6 1 Section 11. Federal-State Agreements.
2 (a) The governor, on behalf of this state, is authorized to enter 3 into agreements with the U.S. Nuclear Regulatory Commission pursuant 4 to Section 274b of the Atomic Energy Act of 1954, as amended, pro-5 viding for discontinuance of certain of the Commission's licensing 6 and related regulatory authority with respect to disposal of low-7 level wastes containing byproduct, source and=special nuclear 16 i
8 ' materials and the assumption of regulatory authority therefor by 9 this state.
10 (b) Any person who, on the effective date of an agreement under 11 subsection (a) above, possesses a license issued by the U.S. Nuclear 12 Regulatory Commission for radioactive' materials subject to the 13 agreement shall be deemed to possess a like license issued under 14 this act [or cite appropriate act], which shall expire either 90 days 15 after receipt from the [ agency] of a notice of expiration of such 16 license, or on the date of expiration specified in the Nuclear 17 Regulatory Commission license, whichever is earlier.
1 Section 12. Inspection Agreements and Training Programs.
2 (a) The [ agency] is authorized to enter into [ subject to the 3 approval of the governor,] an agreement or agreements with the U.S.
4 Nuclear Regulatory Commission pursuant to Section 274i of the Atomic 5 Energy Act of 1954, as amended, other federal government agencies as 6 authorized by law, other states or interstate agencies, whereby this 7 state will perform on a cooperative basis with the commission, other 8 federal agencies, other states or interstate agencies, inspections or 6 9 other functions relating to disposal of low-level radioactive waste.
10 (b) .The [ agency] may institute training programs for the 11 purpose of qualifying personnel to carry out the provisions of this 12 act [or cite appropriate act], and may make personnel available for 13 participation in any program or programs of the federal government, 14 other states or interstate agencies in furtherance of the purposes of this act [or cite appropriate act].
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1 Section 13. Conflicting Laws. Ordinances, resolutions or i
2 regulations, now or hereafter in effect, of the governing body of a 3 municipality or county or of state agencies other than the agency 4 named in Section 4 relating to byproduct, source and special nuclear 5 materials shall not be superseded by this act; provided, that such 6 ordinances or regulations are and continue to be consistent with the 7 provisions of this act, amendments thereto and rules and regulaticns 8 thereunder.
1 Section 14. Administrative Procedure and Judicial Review.
2 (a) In any proceeding for the issuance or modification of rules 3 or regulations relating to disposal of low-level radioactive wastes, 4 the [ agency] shall provide an opportunity for public participation 5 through written comments or a public hearing.
6 (b) In any proceeding for the denial of an application for 7 license or for revocation, suspension or modification of a license, 8 the [ agency] shall provide to the applicant or licensee an t- 9 opportunity for a hearing on the record.
- 10 (c) In any proceeding for licensing disposal of low-level CL 11 radioactive wastes, the [ agency] shall provide; 12 (1) an opportunity, after public notice, for written comments 13 and a public hearing, with a transcript; 14 (2) an' opportunity for cross examination; and 15 (3) a written determination of the action to be taken which is 16 based upon findings included in the determination and upon evidence 17 presented during the public comment period.
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18 (d) In any proceeding for licensing disposal of low-level 19 . radioactive wastes, the [ agency] shall prepare, for each licensed 20 activity which has a significant impact on the human environment, 21 a written analysis of the impact of such licensed activity on the 22 environment. The analysis shall be available to the public before 23 the commencement of hearings held pursuant to subsection (c) and 24 shall ir,clude:
25 (1) an assessment of the radiological and nonradiological 26 impacts to the public health; 27 (2) an assessment of any impact on any waterway and groundwater; 28 (3) consideration of alternatives, including alternative sites 29 and engineering methods, to the activities to be conducted; and 30 (4) consideration of the long-term impacts, including closure, 31 decommissioning, decontamination and reclamation of facilities and 32 sites associated with the licensed activities and management of any 33 radioactive caterials which will remain on the site after such 34 closure, decommissioning, decontamination and reclamation, t- 35 (e) The [ agency] shall prohibit any major construction with 36 respect to any activity for which an environmental impact analysis 6 37 is required by subsection (d) prior to completion of such analysis.
38- (f) Whenever the [ agency] finds that an emergency exists 39 requiring immediate action to protect the public health and safety, 40 the [ agency] may, without notice or hearing, issue a regulation or 41 . order reciting the existence of such emergency and requiring that 42 such action be taken as is necessary to meet the emergency. Not-43 withstanding any provision of this act [or cite appropriate act],
44 such regulation or order shall be effective immediately. Any 19 l
45 person to whom such regulation or order is directed shall comply 46 therewith immediately, but on application to the [ agency] shall be 47 afforded a hearing within days. On the basis of such hearing, 48 the emergency regulation or order shall be continued, modified or 49 revoked within [30] days after such hearing.
50 (g) Any final agency action or order entered in any proceeding 51 under subsections (a), (b), (c) and (f) above shall be subject to 52 judicial review by the [ appropriate court] in the manner prescribed 53 in (cite appropriate state act setting out procedure for appeal.]
1 Section 15. Injunction Proceedings. Whenever, in the judgment of 2 the [ agency], any person has engaged in or is about to engage in 3 any acts or practices which constitute or will constitute a viola-4 tion of any provision of this act [or cite appropriate act], or any 5 rule, regulation or order issued thereunder, [and at the request of 6 the agency,] the Attorney General may make application to the
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7 [ appropriate court] for an order enjoining such acts or practices, t- 8 or for an order directing compliance, and upon a showing by the
! 9 -[ agency] that such person has engaged er is about~to engage in any 6 10 such acts or practices, a permanent or temporary injunction, 11 restraining order, or other order may be granted.
1 Section 16. Prohibited Uses. .It shall be unlawful for any 2 person to receive, possess or dispose of low-level radioactive waste 3 unless licensed by the [ agency] in conformance with rules and 4~ regulations promulgated in accordance with the provisions of this 5 act.
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.. . p, 1 Section 17. Impounding of Materials. The [ agency] shall have 2 the authority in the event of an emergency to impound or order the 3 impounding of low-level radioactive waste in the possession of any 4 person who is not equipped to observe or fails to observe the 5 provisions of this act or any rules or regulations issued 6 thereunder.
1 Section 18. Penalties.
2 (a) Criminal penalties. Any person who [ willfully] violates any 3 of the provisions of this act [or cite appropriate act] or rules, 4 regulations or orders of the [ agency] in effect pursuant thereto 5 shall upon conviction thereof, be punished by [ fine, imprisonment, 6 or both].
6 (b) Civil penalties 7 (1) Any person who (i) violates any licensing provision of 8 this act or any rule, regulation or order issued thereunder, or any 9 term, condition or limitation of any license issued thereunder, or
- t. 10 (ii) commits any violation for which a license may be revoked under 11 rules or regulations issued pursuant to this act may be subject to g 12 a civil penalty, to be imposed by the [ agency], not to exceed 13 [ insert appropriate dollar amount]. If any violation is a continu-14 ing one, each day of such violation shall constitute a separate 15 violation for the purpose of computing the applicable civil penalty.
16 The [ agency] shall have the power to compromise, mitigate, or remit 17 such penalties.
18 (2) Whenever the [ agency] proposes to subject a person to 19 the imposition of a civil penalty under the provisions of this 21
20 subsection (b), it shall notify such person in writing--
21 (i) setting forth the date, facts, and nature of each act 22 or omission with which the person is charged; 23 (ii) specifically identifying the particular provision or 24 provisions of the section, rule, regulation, crder or license 25 involved in the violation; and 26 (iii) advising of each penalty which the [ agency] proposes 27 to impose and its amount.
28 Such written notice shall be sent by registered or certified mail 29 by the [ agency] to the last known address of such person. The 30 person so notified shall be granted an opportunity to show in 31 writing, within such reasonable period as the [ agency] shall by 32 rule or regulation prescribe, why such penalty should not be 33 imposed. The notice shall also advise such person that upon failure 34 to pay the civil penalty subsequently determined by the [ agency),
35 if any, the penalty may be collected by civil action.
4- Any person upon whom a civil penalty is imposed may appeal such action
. pursuant to [ state administra';ive procedure act].
C-36 (3) On the request of the [ agency], the [name appropriate 37 state agency, e.g., attorney general] is authorized to institute a 38 civil action to collect a penalty imposeri pursuant to this sub-39 section (b). The [name appropriate state agency, e.g., attorney 40 general] shall have the exclusive power to compromise, mitigate,.or 41 remit such civil penalties as are referred to him for collection.
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- . e' 42 (4) All monies collected from civil penalties shall be paid to 43 the [ state treasurer] for deposit in the general fund. Monies 44 collected from civil penalties shall not be used for normal operat-45 ing expenses of the [ agency] except as appropriations are made from 46 the general fund in the normal budgetary process.
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1 Section 19. Authorization of Appropriations. [ Insert appropriate 2 section.]
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l Section 20. Severability. [ Insert appropriate section.]
1 Section 21. Repeal. [ Insert appropriate section.]
1 Section 22. Effective Date. [The provisions of this act 2 relating to the licensing and regulation of byproduct, source and 3 special nuclear materials shall become effective on the effective 4 date of the agreement between the U.S. Nuclear Regulatory Commission t- 5 and this state as provided in Section 11 of this act or on [ insert 6 effective date], whichever occurs later. The other provisions of 6 7 this act shall take effect on [ insert effective date].]
23
Suggested State Legislation STATE RADIATION CONTROL ACT (Modified for Low Level Waste Only)
The Council of State Governments' SUGGESTED STATE LEGISLATION - PROGRAM FOR e
1961 included a model State Radiation Control Act which has been used by many of the states as a framework for developing comprehensive radiation control programs. Since publication of the model act numerous changes have occurred in federal and state radiation control programs for which revised and addi-tional provisions to the model act are needed.
Therefore a complete updating of the 1961 model act which may be enacted in i+,4 entirety or on a section-by-section basis to amend existing state legisktion is now being prepared. This is an edited version of the draf t revision of the model act which has been further revised to provide for states to enter into limited agreements with the Nuclear Regulatory Commission for low-level radioactive waste disposal only.
The Low Level Radioactive Waste Policy Act of 1980, the National Governors Association and the State Planning Council on Radioactive Waste Management have endorsed a policy of state responsibility for providing the hvailability of capacity for disposal of low-level radioactive waste and regional imple-mentation of such facilities. A similar policy statement has been added to l Section 1 of the model act. Section 6 authorizes the negotiation of regional interstate compacts for radioactive waste disposal, the acquisition of land for disposal sites and the establishment of a waste disposal service.
1 Reference 3 $3
- j Section 4 of the model act provides for designation of a state radiation control agency (ies). In order to avoid the potential for conflicts of
)
interest between regulatory and developmental or operational responsibilities, these responsibilities should not be assigned to the same agency. In the case of radioactive waste disposal, the state agency responsible for proprietary activities, including facility acquisition and operation or contracting with a facility operator, should be separate from the radiation control agency responsible for licensing and regulisting the waste disposal activity.
The General Accounting Office, in a review of the Agreement States program, recommended that the states charge user fees to offset, at least partially, the cost of administering their radiation control programs. Section 7 provides for the radiation control agency to collect user fees for services of licensing, inspection and environmental surveillance.
The surety requirements of Section 8 incorporate the Nuclear Regulatory Commission's requirements and recommendations of the Conference of Radiation Control Program Directors' task force on bonding and perpetual care of licensed nuclear facilities. Under Section 8, licensees would be required to provide financial surety to ensure site closure and stabilization of low-level l radioactive vaste disposal facilities prior to license termination, and long-term care funds would be required to cover custodial services for waste disposal sites after license termination. ;
i 2
- ^. .'
Procedural requirements for public participation in licensing the disposal of radioactive waste, environmental impact analysis, and judicial review are included in Section 14, Administrative Procedure and Judicial Review. These procedural requirements conform to Commission procedures for licensing waste disposal and are the same as those established by the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) for tailings (waste) from processing uranium and thorium ores.
Section 18, Penalties, includes authority for the states to assess and collect civil monetary penalties for violations of licensing requirements. This is
- similar to NRC's authority under Section 234 of the Atomic Energy Act and it provides an alternative and effective enforcement penalty which is more severe than correspondence about corrective action and less severe'than license suspension or revocation or criminal penalties.
3 y.,-- - + + -,, ,,-,---r,,--<e---,--w- r-=+-,-,.---. . - ,,,,y ~,
Suouested Legislation (Edited for disposal of low-level radioactive wastes only)
[ Title should conform to state requirements.)
(Be it enacted, etc.)
1 Section 1. Declaration of Policy. It is the policy of the State 2 of in furtherance of its responsibility to 3 protect the [ occupational and) public health and safety and the 4 environment:
5 (1) to provide for the availability of capacity either within 6 or outside the state for the disposal of low-level radioactive 7 waste generated within the state except for waste generated as a 8 result of defense or federal research and development activities 9 and to recognize that such radioactive waste can be most safely and 10 efficiently managed on a regional basis; and 11 (2) to institute and maintain a regulatory program for disposal 12 of low-level radioactive waste so as to provide for (a) compatibility 13 and equivalency with the standards and regulatory programs of the 14 federal government and (b) a system consonant insofar as possible 15 with those of other states.
- 1. Section 2. Purpose. It is the purpose of this act to effectuate 2 the policies set forth in Section 1 by providing for:
1 I
-4 4
~
3 (1) a program of effective regulation of disposal of low-level 4 rwdioactivc waste for the protection of the [ occupational and] public 5 health and safety; and 6 (2) a program to establish procedures for assumption and 7 performance of certain regulatory responsibilities with respect to 8 disposal of byproduct, source, special nuclear and other radioactive 9 materials.
I Section 3. Definitions.
2 (a) Byproduct materials means
(.
3 (1) any radioactive material (except special nuclear material) 4 yielded in or made radioactive by exposure to the radiation incident 5 to the process of producing or utilizing special nuclear material, 6 and 7 (2) the tailings or wastes produced by the extraction or 8 concentration of uranium or thorium from any ore processed primarily 9 for its source material content.
10 (b) Civil penalty means any monetary penalty levied on a licensee 11 because of violations of statutes, regulations or licenses, but 12 does not include criminal penalties.
13 (c) Closure - see Site closure and stobilization 14 (d) Decommissioning means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces 15 16 and remaining structures, to stabilize and contain residual 17 radioactive material, and to carry out any other activities to 18 prepare the site for post-operational care.
5
19 (e) Disposal means the isolation of radioactive waste from the 20 biosphere by emplacement in a land disposal facility. ,
1 21 (f) High-level radioactive waste means (1) irradiated reactor 22 fuel, (2) liquid wastes resulting from the operation of the first 23 cycle solvent extraction system, or equivalent, and the concentrated 24 wastes from subsequent extraction cycles, or equivalent, in a facility 25 for reprocessing irradiated reactor fuel, (3) solids into which such 26 liquid wastes have been converted, and (4) other highly radioactive
' 27 waste material as defined by the U.S. Nuclear Regulatory Commission.
28 (g) Land disposal facility means the land, buildings, and 29 equipment which is intended to be used for the disposal of radioactive 30 wastes into the subsurface of the land.
31 (h) Low-level radioactive waste means radioactive waste not 32 classified as high-level radioactive waste, transuranic waste, 33 spent nuclear fuel or byproduct material as defined in 34 subsection 3(a)(2).
35 (i) Person means any individual, corporation, partnership, firm, 36 association, trust, estate, public or private institution, group, 37 agency of this state other than [ agency], political subdivision of 38 this state, any other state or political subdivision or agency 39 thereof, and any legal successor, representative, agent, or agency 40 of the foregoing, but not including federal government agencies.
l The term " agency" appears in brackets throughout this Act. Wherever it so appears, the name of the appropriate agency or agencies should be inserted (see Section 4).
(
6 l
41 (j) Radioactive material means any material (solid, liquid or gas) ,
42 which emits ionizing radiation spontaneously. It includes accelerator-43 produced, byproduct, naturally occurring, source and special nuclear i 44 materials.
45 (k) Site closure and stabilization means those actions that are 46 taken upon completion of operations that prepare the disposal site 47 for custodial care and that assure that the disposal site re:asin 48 stable and will not need ongoing active maintenance.
49 (1) Source material means (1) uranium or thorium, or any 50 combination thereof, in any chemical or physical form; or (2) ores 51 which contain by weight one-twentieth of one percent (0.05 percent) 52 or more of (i) uranium, (ii) thorium, or (iii) any combination 53 thereof. Source material does not include special nuclear material.
54 (m) Special nuclear material means (1) plutonium, uranium 233, and 55 uranium enriched in the isotope 233 or in the isotope 235, but does 56 not include source material; or (2) any material artificially enriched 57 by any of the foregoing, but does not include source material.
58 (n) Spent nuclear fuel means irradiated nuclear fuel that has 59 undergone at least one year's decay since being used as a source of 60 energy in a power reactor. Spent fuel includes the special nuclear 61 material, byproduct material, source material and other radioactive 62 material associated with fuel assemblies.
63 (o) Transuranic waste means radioactive waste containing alpha
,64 emitting transuranic elements at levels determined by the U.S.
i
, 65 Nuclear Regulatory Commission to be transuranic waste, or at more i
66 stringent levels determined by the [ agency).
67 (p) [ Additional definitions may be included.)
7
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1 Section 4. State Radiation Control Agency. ,
2 (a) [The Department of is hereby designated as the 3 State Radiation Control Agency, hereinafter referred to as the 4 [ Agency).~ [There is hereby created a State Radiation Control Agency, j 5 hereinifter referred to as the [ Agency]. The [ Agency] shall be an
! 6 organ.zational component of the State Department of .)
7 [There is hereby created an independent State Radiation Control Agency, 8 hereinafter referred to as the [ Agency].)
9 (b) The [ head) of the State Department of shall 10 [ designate an individual to] be Director of the [ agency), hereinafter d
11 referred to as the Director, who shall perform the functions vested 12 in the [ agency] pursuant to the provisions of this act.
, If an independent State Radiation Control Agency is created, the i Governor should appoint the Director.
i 13 (c) In accordance with the laws of the state, the [ agency] may
(
employ, compensate, and prescribe the powers and duties of such 14 15 individuals as may be necessary to carry out the provisions of ,
16 this act.
17 (d) The [ agency) shall for the protection of the [ occupational and]
18 public health and safety [and the environment):
19 (1) Develop a program with due regard for compatibility with l
20 federal programs for regulation of disposal of low-level radioactive l
21 waste; 22 (2) Formulate, adopt, promulgate and repeal codes, rules and 23 regulations, which include provisions for licensing, relating tc 8
i
E .
24 disposal of low-level radioactive waste.
25 (3) Issue such orders or modifications thereof as may be 26 necessary in connection with proceedings under Section 5 of this 27 act [or cite appropriate act);
This power is intended for use in conjunction with any licensing authority. The act or acts providing this authority should be cited.
28 (4) Advise, consult,andcooperatewithotheragenciesofthe 29' state, the federal government, other states and interstate agencies, 30 political subdivisions, and other organizations concerned with
. 31 control of sources of radiation; 32 (5) Have the authority to accept and administer loans, grants or 33 other funds or gifts, conditional or otherwise, in furtherance of its 34 functions, from the federal government and from other sources, public 35 or private; 1 Section 5. Licensing of Disposal of Low-Level Radioactive Waste.
2 (a) The [ agency] shall provide by rule or regulation for 3 licensing of disposal of low-level radioactive waste. Such rule or 4 regulation shall provide for amendment, suspension or revocation of 5 licenses. Such rule or regulation shall provide that:
6 (1) Each application for a license shall be in writing and 7 shall state such information as the [ agency], by rule or regulation, 8 may determine to be necessary to decide the technical and finan-9 cial qualifications or any other qualifications of the applicant as the 10 [ agency] may deem reasonable and necessary to protect the [ occupational 9
11 and] public health and safety. The [ agency] may at any time after the 12 filing of the application, and before the expiration of the license, 13 require further written statements and may make such inspections as the 14 [ agency) may deem necessary in order to determine whether the license 15 should be modified, suspended or revoked. All applications and statements 16 shall be signed by the applicant or licensee. The [ agency) may require 17 any applications or statements to be made under oath or affirmation; 18 (2) Each license shall be in such form and contain such terms and 19 conditions as the [ agency] may by rule or regulation prescribe; 20 (3) No license issued under the authority of this act [or cite 21 appropriate act] and no right to possess or utilize radioactive .
22 material granted by any license shall be assigned or in any manner 23 disposed of unless the [ agency] shall, after securing full informa-24 tion, find that the transfer is in accordance with the provisions 25 of this act, and shall give its consent in writing.
- Where the clause "[or c.ite appropriate act]" appears throughout the remainder of the act, cite act or acts which provide for regulation of sources of radiation. -
26 (4) the, terms and conditions of all licenses shall be subject 27 to amendment, revision, or modification by rules, regulations or 28 orders issued in accordance with the provisions of this act [or 29- cite appropriate act].
. 30 (5) The [ agency] shall not approve any application for a license 31 to receive radioactive waste from other persons for disposki on land 32 not owned by the state or federal government.
! 10 l
Section 6 Low-Level Radioactive Waste Disposal Facilities 1 (a) The [ agency) is authorized to enter into negotiations for 2 a compact with other states for the establishment and operation of 3 a regional facility for disposal of low-level radioactive waste.
4 Any such compact, before being put into effect, shall be ratified by 5 the legislatures of the several states and consented to by the Congress 6 of the United States.
To avoid the appearance of conflict of interests between regulatory and operational responsibilities, the agency designated in subsections (a),
(b), (c) and (d) for custody and operational management of facilities for the disposal of radioactive waste should not be the same agency as desig-nated in Section 4 as the radiation control agency. The licensing agency designated in subsection (d) (third reference) is the radiation control agency, as is the regulatory agency having jurisdiction in subsection (c).
7 (b) The state is authorized to accept or acquire, by gift, 8 transfer or purchase, from another government agency or private 9 person, suitable sites including land and appurtenances for the 10 disposal of low-level radioactive waste. Sites received by gift or 31 transfer are subject to approval and acceptance by the [ agency on 12 behalf of the] state.
13 (c) Lands and appurtenances which are used for the disposal of 14 low-level radioactive waste shall be acquired in fee simple absolute 15 and used exclusively for such purpose, unless or until the [ regulatory 16 agency having licensing jurisdiction over the slte] determines that 17 such exclusive use is not required to protect the public health, 11
18 safety, welfare, or environment. Before such a site is leased 19 for other use, the (regulatory agency] shall require and assure that 20 the radioactive waste history of the site be recorded in the perma-21 nent land records of the site. All radioactive material accepted 22 by the [ agency] or by any agent of the [ agency] for disposal on a 23 radioactive waste disposal site shall become the property of the 25 state.
26 (d) The [ agency) is authorized to arrange for the availability of
- 27 a service for disposal of low-level radioactive waste by contract [or 28 agency] operation of a disposal site acquired pursuant to subsec-29 tion (b) or already owned by the state. The operator shall be 30 subject to licensing by the [ agency] and a contract operator shall 31 be subject to the surety and long-term care funding provisions of 32 Section 8 of this act.
1 Section 7. Radiation User Fees.
2 (a) The [ agency] shall prescribe and collect such fees as may be 3 established by regulation for radiation protection services provided 4 under this Act. Services for which fees may be established include
, 5 (1) issuance, amendment and renewal of licenses for radioactive 6 materials, 7 (2) inspection of licensees, and 8 (3) environment'al surveillance activities to assess the y 9 radiological impact of activities c'nducted o by licensees.
10 -(b) In determining rates of such fees, the [ agency] shall, as an 11 objective, obtain sufficient funds therefrom to reimburse the state 12 for all or a substantial portion of the direct and indirect costs of A4-12
1
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l 13 the radiation protection services specified in subsection (a). The 14 [ agency] shall take into account any special arrangements between the 15 state and a licensee, another state or a federal agency whereby the 16 cost of the service is otherwis~e partially or fully recovered.
17 (c) Notwithstanding the provisions of subsection (a), fees for 18 licenses for radioactive materials shall not be required for an 19 agency of the state or any political subdivision thereof.
20 (d) When a licensee fails to pay the applicable fee, the [ agency]
21 may suspend or reycke the license or may issue an appropriate order.
1 Section 8. Surety Requirements.
2 (a) For licensed activities involving disposal of low-level 3 radioactive waste the [ agency] shall establish by rule or regulation 4 standards and procedures to ensure that the licensee will provide an 5 adequate surety or other financial arrangement to permit the com-6 pletion of all requirements established by the [ agency] for the 7 decontamination, decommissioning, site closure and stabilization of 8 sites, structures and equipment used in conjunction with such 9 licSsed activity, in case the licensee should default for any reason 10 in performing such requirements.
Acceptable sureties would include bonds issued by fidelity or surety companies authorized to do business in [ state], cash' deposits, certificates
, of deposit, deposits of government securities, irrevocable letters or lines of credit, trust funds, escrow accounts or such other types of arrangements, but not including any arrangement which essentially constitutes self insurance.
13
This subsection (a) can be amended, if desired, to require the surety to
~
also ensure payment of the long-term care funds required by subsection (c).
10 (b) All sureties required pursuant to subsection (a) which are 11 forfeited shall be paid to the [ agency] for deposit by the [ state 12 treasurer) in a special fund called the [ radiation site closure and 13 reclamation fund). All monies in this fund are hereby appropriated 14 and may be expended by the [ agency) as necessary to complete such 15 requirements on which licensees have defaulted. Monies in this fund
. 16 shall not be used for normal operating expenses of the [ agency).
The state may want to consider ways of maximizing this fund by authorizing the investment of unexpended monies of the fund in a manner consistent with state policy and statutes.
17 (c) For licensed activities involving the disposal of low-level 18 radioactive waste the [ agency) shall establish by rule or regulation i
19 standards and procedures to ensure that the licensee, before termi-20 nation of the license, will make available such funding arrangements 21 as may be necessary to provide for long-term site surveillance and 22 care.
23 (d) All funds collected from licensees pursuant to subsection (c) 24 shall be paid to the [ agency) for deposit by the [ state treasurer) 25 in a special fund called the [ radiation long-term care fund]. All 26 funds accrued as interest on monies deposited in this fund are 27 hereby appropriated and may be expended by the [ agency) for the
'28 continuing long-term surveillance, maintenance and other care of 14
4 29 facilities from which such funds are collected as necessary for 30 protection of the public health, safety and environment. Notwith-31 standing any other provisions of this subsection, if title to and 32 custody of any radioactive material and its disposal site are 33 transferred to the United States upon termination of any license for 34 which funds have been collected for such long-term care, the 35 collected funds and interest accrued thereon shall be transferred 36 to the United States.
The state may want to authorize appropriations and expenditures from j the corpus of this fund to carry out the purposes of subsections (c) and i
(d) and may want to maximize this fund by authorizing the investment of the corpus and unexpended appropriated interest in a manner consistent with state policy and statutes.
37 (e) The sureties or other financial arrangements and funds 38 required by subsections (a) and (c) shall be established in amounts 39 sufficient to ensure compliance with those standards,'if any, estab-40 lished by the U.S. Nuclear Regulatory Commission pertaining to
- 41 closure, decommissioning and long-term site surveillance and care
! 42 of such facilities and sites.
! 43 (f) The [ agency) may by contract, agreement, lease or license 44 with any person, including another state agency, provide for the 45 decontamination, closure, decommissioning, reclamation, surveillance 46 or other care of a site subject to this section as needed to carry l
47 out the purposes of this section. ,
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l 1
l 1
48 [(g) All state, local, or other government agencies shall be i 49 exempt from the requirements ,of subsections (a) and (c).]
1 Section 9. Inspection. The [ agency) or its duly authorized 2 representatives shall have the power to enter at all reasonable times 3 upon any private or public property for the purpose of determining 4 whether or not there is compliance with or violation of the provi-5 sions of this act [or cite appropriate act] and rules and regulations 6 issued thereunder, except that entry into areas under the jurisdic-7 tion of the federal government shall be effected only with the 8 concurrence of the federal government or its duly designated 9 representative.
1 Section 10. Records. The [ agency] is authorized to require by 2 rule, regulation or order, the keeping of such records with respect 3 to activities under licenses and registration certificates issued 4 pursuant to this Act as may be necessary to effectuate the purposes 1
5 of this Act. These records shall be made available for inspection 6 by, or copies thereof shall be submitted to, the [ agency] on request.
l 1 Section 11. Federal-State Agreements.
2 (a) The governor, on behalf of this state, is authorized to enter 3 into agreements with the U.S. Nuclear Regulatory Commission pursuant 4 to Section 274b of the Atomic Energy Act of 1954, as amended, pro-5 viding for discontinuance of certain of the Commission's licensing and related regulatory authority with respect to disposal of low-6 7 level wastes containing byproduct, source and special nuclear 16
8 materials and the assumption of regulatory authority therefor by l 9 this state.
10 (b) Any person who, on the effective date of an agreement under 11 subsection (a) above, possesses a license issued by the U.S. Nuclear 12 Regulatory Commission for radioactive materials subject to the 13 agreement shall be deemed to possess a like license issued under 14 this act [or cite appropriate act), which shall expire either 90 days 15 after receipt from the [ agency] of a notice of expiration of such 16 license, or on the date of expiration specified in the Nuclear 17 Regulatory Commission license, whichever is earlier.
1 Section 12. Inspection Agreements and Training Programs.
2 (a) The [ agency) is authorized to enter into [ subject to the 3 approval of the governor,] an agreement or agreements with the U.S.
4 Nuclear Regulatory Commission pursuant to Section 2741 of the Atomic 5 Energy Act of 1954, as amended, other federal government agencies as 6 authorized by law, other states or interstate agencies, whereby this 7 state will perform on a cooperative basis with the commission, other 8 federal agencies, other states or interstate agencies, inspections or 9 other functions relating to disposal of low-level radioactive waste.
10 (b) The [ agency] may institute training programs for the 11 purpose of qualifying personnel to carry out the provisions of this 12 act [or cite appropriate act], and may make personnel available for
,13 participation in any program or programs of the federal government, 14 other states or interstate agencies in furtherance of the purposes 15 of this act [or cite appropriate act].
17
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1 i
1 Section 13. Conflicting Laws. Ordinances, resolutions or 2 regulations, now or hereafter in effect, of the governing body of a 3 municipality or county or of state agencies other than the agency 4 named in Section 4 relating to byproduct, source and special nuclear 5 materials shall not be superseded by this act; provided, that such 6 ordinances or regulations are and continue to be consistent with the 7 provisions of this act, amendments thereto and rules and regulations 8 thereunder.
1 Section 14. Administrative Procedure and Judicial Review.
2 (a) In any proceeding for the issuance or modification of rules 3 or regulations relating to disposal of low-level radioactive wastes, 4 the [ agency] shall provide an opportunity for public participation 5 through written comments or a public hearing.
6 (b) In any proceeding for the denial of an application for 7 license or for revocation, suspension or modification of a license, 8 the [ agency] shall provide to the applicant or licensee an 9 opportunity for a hearing on the record.
10 (c) In any proceeding for licensing disposal of low-level 11 radioactive wastes, the [ agency) shall provide; 12 (1) an opportunity, after public notice, for written comments i
l 13 and a public hearing, with a transcript; l
l l
14 (2) an opportunity for cross examination; and l 15 (3) a written determination of the action to be.taken which is
?
16 based upon findings.. included in the determination and upon evidence 17 presented during the public comment period.
18
18 (d) In any proceeding for licensing disposal of low-level 19 radioactive wastes, the [ agency] shall prepare, for each licensed 20 activity which has a significant impact on the human environment, 21 a written analysis of the impact of such licensed activity on the 22 environment. The analysis shall be available to the public before 23 the commencement of hearings held pursuant to subsection (c) and 24 shall include:
25 (1) an assessment of the radiological and nonradiological 26 impacts to the public health; 27 (2) an assessment of any impact on any waterway and groundwater; 28 (3) consideration of alternatives, including alternative sites
, 29 and engineering methods, to the activities to be conducted; and 30 (4) consideration of the long-term impacts, including closure, 31 decommissioning, decontamination and reclamation of facilities and 32 sites associated with the licensed activities and management of any 33 radioactive materials which will remain on the site after such 34 closure, decommissioning, decontamination and reclamation.
35 (e) The [ agency] shall prohibit any major construction with 36 respect to any activity for which .an environmental impact analysis 37 is required by subsection (d) prior to completion of such analysis, i
j 38 (f) Whenever the [ agency) finds that an emergency exists 39 requiring immediate action to protect the public health and safety,
- 40. the [ agency) may, without notice or hearing, issue a regulation or 41 order reciting the existence of .such emergency and requiring that
(
42 such action be taken as is necessary to meet the emergency. Not-43 withstanding any provision of this act [or cite appropriate act],
44 such regulation or order shall be effective immediately. Any 1
19
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45 person to whom such regulation or order is directed shall compl; 46 therewith immediately, but on application to the [ agency] shall be 47 afforded a hearing within days. On the basis of such hearing, 48 the emergency regulation or order shall be continued, modified or 49 revoked within [30] days after such hearing.
50 (g) Any final agency action or order entered in any proceeding 51 under subsections (a), (b), (c) and (f) above shall be subject to 52 judicial review by the [ appropriate court] in the manner prescribed 53 in [ cite appropriate state act setting out procedure for appeal.]
1 Section 15. Injunetion Proceedings. Whenever, in the judgment of
, 2 the [ agency], any person has engaged in or is about to engage in 3 any acts or practices which constitute or will constitute a viola-4 tion of any provision of this act [or cite appropriate act), or any 5 rule, regulation or order issued thereunder, [and at the request of 6 the agency,] the Attorney General may make application to the 7 [ appropriate court) for an order enjoining such acts or practices, 8 or for an order directing compliance, and upon a showing by the 9 [ agency) that such person has engaged or is about to engage in any 10 such acts or practices, a permanent or temporary injunction, j 11 restraining order, or other order may be granted.
l l -
l 1 Section 16. Prohibited Uses. It shall be unlawful for any i
2 person to receive, possess or dispose of low-level radioactive waste 3 unless licensed by'the [ agency) in conformance with rules and 4 regulations promulgated in accordance with the provisions of this 5 act.
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L 1 Section 17. Impounding of Materials. The [ agency) shall have 2 the authority in'the event of an emergency to impound or order the 3 impounding of low-level radioactive waste in the possession of any 4 person who is not equipped to observe or fails to observe the 5 provisions of this act or any rules or regulations issued 6 thereunder.
1 Section 18. Penalties.
, . 2 (a) Crialnalpenalties. Any person who (willfully) violates any 3 of the provisions of this act [or cite appropriate act) or rules, 4 regulations or croers of the [ agency) in effect pursuant thereto
, 5 shall upon conviction thereof, be punished by [ fine, imprisonment, 6 or both).
6 (b) Civil penalties
, 7 (1) Any person who (i) violates any licensing provision of l 8 this act or any rule, regulation or order issued thereunder, or any 9 term, condition or limitation of any license issued thereunder, or 10 (ii) commits any violation for wnich a license may be revoked under 11 rules or regulations issued pursuant to this act may be subject to 12 a civil penalty, to be imposed by the [ agency), not to exceed 13 [ insert appropriate dollar amount). If any violation is a continu-14 ing one, each day of su h violation shall constitute a separate
. . . 15 violation for the purpose of computing-the applicable civil penalty.
I 16 The.[ agency) shall have the power to compromise, mitigate, or remit 17 such penalties.
18 (2) Whenever the [ agency) proposes to subject a person to 19 the imposition of a civil penalty under the provisions of this 21
_ __ _ _ ~ _ .- _ _._-__._
l
. l 20 subsection (b), it shall notify such person in writing--
21 (i) setting forth the date, facts, and nature of each act 22 or omission with which the person is charged; 23 (ii) specifically identifying the particular provision or 24 provisions of the section, rule, regulation, order or license 25 involved in the violation; and 26 (iii) advising of each penalty which the [ agency) proposes 27 to impose and its amount.
28 Such written notice shall be sent by registered or certified mail 29 by the [ agency] to the last known address of such person. The 30 person so notified shall be granted an opportunity to show in 31 writing, within such reasonable period as the [ agency] shall by 32 rule or regulation prescribe, why such penalty should not be 33 imposed. The notice shall also advise such person that upon failure 34' to pay the civil penalty subsequently determined by the [ agency),
35 if any, the penalty may be collected by civil action.
Any person upon whom a civil penalty is imposed may appeal such action
, pursuant to [ state administrative procedure act].
I 36 (3) On the request of the [ agency), the [name appropriate 37 state agency, e.g. , attorney general] is authorized to institute a 38 civil action to collect a penalty imposed pursuant to this sub-39 section (b). The [name appropriate state agency, e.g. , attorne/
40 general]'shall have the exclusive power to compromise, mitigate, or 41 remit such civil penalties as are referred to him for collection.
l 1
22
42 (4) All monies collected from civil penalties shall be paid to 43 the [ state treasurer) for deposit in the general fund. Monies 44 collected from civil penalties shall not be used for normal operat-45 ing expenses of the [ agency] except as appropriations are made from 46 the general fund in the normal budgetary process.
I Section 19. Authorization of Appropriations. [ Insert appropriate 2 section.]
1 Section 20. Severability. [ Insert appropriate section.]
1 Section 21. Repeal. [ Insect appropriate section.]
1 Section 22. Effective Date. [The provisions of this act 2 relating to the licensing and regulation of byproduct, source and 3 special nuclear mater,ials shall become effective on the effective 4 date of the agreement between the U.S. Nuclear Regulatory Commission 5 and this state as provided in Section 11 of this act or on [ insert
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6 effective date], whichever occurs later. The other provisions of 7
this act shall take effect on [ insert effective date).]
4 p.
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GUIDANCE ON LIMITED STATE AGREEM OF LOW-LEVEL RADI0 ACTIVE WASTE DIS The Low-Level Radioactive Waste Policy Act of 1980
, Public Law 96-573, established national policy that each State is responsible f or providing for the availability of capacity either within or out id s e the State for the disposal of low-level radioactive waste e generat d within its border (except for waste generated as a result c of defense a ti i v ties or Federal research and development activities), and that low lev l e radioactive waste can be most safely and efficiently managed on a re i g onal basis.
, The Act sanctioned regional solutions to waste mana interstate compacts. gement by way of The National Governors' Association Planning Council on Radioactive Waste Management h ave endorsed this policy of State responsibility for providing the capacit y for disposal of such wastes and the regional implementation t es.
of suc In conjunction with the current widespread interest and activity in establishing interstate compacts and planning a waste for region l disposal facilities, interest has also been expr does not now regulate radioactive materials undeessed that a r an agreement with the
, Nuclear Regulatory Comission may wish to regulat e the disposal of low-level radioactive waste as host State for a regi facility. onal disposal Section 274b of the Atomic Energy Act provides for th e discontinuance of Nuclear Regulatory Comission regulatory authorit y over certain radioactive materials and the assumption thereof by the St ates through er . 12/84_ _-- - ~
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agreements.
The materials subject to these agreement s are source material (natural uranium and thorium which energy), byproduct material (reactor e produc dare raw ma radioisotopes) and small quantities of special nuclear (fissionable) materials.
the State Agreements now in effect incl d Twenty-six of disposal of these materials as low lev lu e authority to reg e waste.*
Subsection 274.b provides that the Consission shall enter it if (1) the Governor certifies that the St tn o an agreemen of radiation hazards adequate to protect tha e has a prog with respect to the materials covered by th e public heal the State desires to assume regulator e proposed agreement and that and (2) the Comission finds that the Staty responsibility the Commission's program for regulati e program is compatible with adequate to protect the public health and saf ton of e y with respect to the materials covered by the proposed n.
agreeme t i
In January 1981, the Commission updated guidance of the States and the Comission iand republish under section 274 of the Atomic Energy Act n entering into ag On July 21, 1983 the criteria were revised to reflect regulations (Reference 1).
recent cha nges in low-level waste radioactive wastes in pemanent disposal c
- evel fa i ties as a separate category of transferable authority.
authority for regulating such waste facilitieA State m s without seeking authority for the other radioactivec materials whi h are customarily included in Tutan signed an Igreement o n March 29, 1984 authority to regulate disposal oferials. these matwhich did not inclu
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these agreements.
An agreement for transfer of authority n y for such ol waste disposal is referred to as a limited a greement.
applicability of the January Annotations on 23, 1981 criteri low-level waste disposal are contained a to limited in A agreements for guidance applicable to waste disposal to supplppend contained in Appendix 2. ement the criteria is The Council of State Governments' SUGGEST FOR 1961 included a modelSTATE StateLEGISLATION Radiatio - PR States have used as a framework a of legisl tin Control 4
comprehensive radiation control programs ve authority for developing of this model act was published (Reference 2)In 19 the Office of State Programs.) (Copies available from act (Reference 3) has been prepared for spe c applicability to States which desire to enter into limited agreement regulating low-level radioactive waste disp s with the Com osal only.
Parts A, C, D. J and M of the Suggested S Radiation * (Reference 4) are applicable t tate Regulations while parts B, E, F, G, H and Icable. are not applio regulating Particular attention i
Prepared by the Conference of Radiati Nuclear Regulatory Commission, the Envion Control Direc the Bureau of Radiological Health of th Services. ronmental Protection Agency and e Department of Health and Human 12/84
2 m _
/ I is invited to section M 9 of these ua reg l ti license will not be issued to receive radi ons which provide persons for disposal on land not owned by a Stoactive Government. ate or the Federal i
The final 10 CFR Part 61 was published in th December e Federal Register on 28, 1982 (Reference 5). ,
4 objectives for land disposal of waste; technic selection, design, operation and closure of a ne require ar-surface disposal facility; technical requirements on form f land burial; classification of waste; institor waste to be di State ownership and proprietary responsibilitiutional re es; financial requirements; requirements for submitting a conduct waste burial activities and procedurepplications follow in the issuance of such s which the Commission will licenses Criterion 9 of the criteria applies the te h i Part 61 in judging the adequacy and c n cal comcriteria contained in to regulate low-level waste disposal purpatibility of a State section 274.b of the Atomic Energy Act. suant to an agreemen the rule such as waste classification n a dCertain technical not work unless these standards are adopted bmanifest re y the States.
The procedural requirements of Part 61 on h processed, including the opportunity for publiow an applicat proceedings and the preparation ofcwritten hearings on licensing e
nvironmental impact analyses
%2PA
t . .
Comission practice in its o ar.d, while encouraged for Agreemwn licensing sposal of lo a matter of compatibility. ent States, such provisison are not made Adequate financial arrangement closure and stabilization of a dis shall be required a on, fo sposal site.
151(a)(2),NuclearWastePolic In addition, Section and approve financial arrangementy Act, P.L.97-425 o review maintenance of a site prior to th s for long-term monitorin licensed responsibility
. e State relieving the site operat or of NRC has developed guides and t implementation of 10 CFR Part 61echnical rtposition pa Office of State Programs can b A listing of those available th rough e found in Reference 6 The Office of State Programs i consultation and assistance by HRCs prepared or to prov Agreement States in evaluating waste disposal progr can include furnishing computer mod l This assistance .
computer analyses of data e submitt d e ing programs a e, for u preparation of environmentala yses.
by an thel State and assistance i n the should be made with the State Programs.
Agr Arrangements for assistance eements staff of theateOffice of S For further specific guidanc considering and preparing for an Age or n to discuss 6 authority, contact the Office of S reement for transfer ory of regula tate Programs, Nuclear a ory Regul t 12/8
1 .
Commission, Washington DC 20555, telephone (301) 492-8170 or the appropriate Regional Administrator of the Commission.
Region I '
631 Park AvenueOffice of the Executive Director for Oper King of Prussia PA 19406 (215)337-5000 Region II Office of the Executive Director for Operations 101 Marietta Street, Suite 3100 Atlants, GA 30303 (404)221-4503
- Region III 799 Roosevelt RoadOffice of the Executive Director for O Glen Ellyn, IL 60137 (312)790-5500 Region IV Office of the Executive Director for Operations 611 Ryan Plaza Drive Suite 1000 Arlington, TX 76011 (817)860-8100 Region V Office of the Executive Director for Operations 1450 Maria Lane, Suite 210 Walnut Creek, CA 94596 (415)943-3700
=
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- I . ..'
t Appendices 1.
2.
Annotations on Applicability of Criteria tosposal Waste Di Guidance for States in Regulating the Disposal of LLRW References 1.
(Copies available from the Office of State Program
- 2. Criteria for NRC State Agreements, January 23 3.
Suggested State Legislaiton 1983, 1981 Governments vol.as42 amended.
aeCouncil of St 4.
5 6
Suggested State Regulations yfor Control 10 CFR Part 61 Listing of Regulatory Guides and Technical Positions l
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f 1
i 12/84 !
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APPENDIX 1 ANNOTATIONS ON CRITERIA FOR -
- APPLICABILITY TOVELOW-LEVEL RA The Criteria for Guidance of Stat WASTE DISPOSAL
( Regulatory Authority and Assumpti es and NRC in Disco which were originally published in 1961on Thereo ent Register, with additions, on Janua were republished in the Federa ry 23,1981.
that a State and the Commission Criterion 27 provides limited to regulation of low-levelmay enter into an agree disposal facilities. radioactive wastes in permanent Disposal was published ,1983 July 21Ac revisionve Waste to C Most of the criteria uary in the Jan 23, 1981 to a limited agreement for low l publication are applicable usual NRC-State agreements for all of th- evel wa e
i 'i in section 274.b of the Atomic e categoriesEnof materials listed a few of the criteria are anot applic blergy Act and in C However, Criterion 15 which applies toemedi to waste disposal, vis.,
Criteria 29 through 36 which appl cal uses of radioactive thorium.
In addition, guidance is provided iy to the p considerations pertaining to low-level n Appendix 2 on several new waste disposal.
Criterion 9 refers to waste a dispos l of waste received from other persons by material users and 9 requires promulgation of regulati For a limited agreement ncriterio -
waste to be compatible with r 61.
10 CFR Pa tons for land disp i
12/84 __
- 4 s Criterion 24, State Agency Desig State agency or agencies which w nation, was written e to materials.
both proprietary responsibilitieI ties the State may have e
operation or contracting for operatios for the selec responsibilities for establishment n of the facility and regulatory and enforcement of regulatory requi of standards, lice rements.
l possibility of conflict of intere s t b In order to avoid the regulatory functions, it is import etween these proprietary and responsibilities not be assigned to thant that the two d e same State agency.
Pursuant to Section 150.10 of th Part 150, Federal government ag e Comission's regula Agreement States and Criterion 28encies are not y subjec exemptions from their regulatory req iprovides for the contractors of the Comission and th u rements for designate prime contracts at government owned e Department of E and Savannah River, Southsites such as Hanford, Washingto Carolina i
the disposal of radioactive es.
which wast include among their es activiti Policy Act provides (in section 3( ) The t.ow-1.evel Ra the Act or actions taken a )under that compacts established unde the transportation, management such compactso shall not waste from atomic energy c defense a tior disposal of low i
Department of Energy) or Federal vities of the Secretary (of the i
research and development activities ,
The legislative history of c the A t 6 i
was thus drawn to insure that Stat makes it clear that the legis es by compact will not be empowered o 12/84 _ _- -
restrict from such States the transportation wastes from the atomic energy defense activities, man of the Secretary and from the research and development activiti Federal departments and agencies. es of the Secretary and other against State regulation of Federal radioact
, permissible, and in fact is customary, for facili i e managem research reactors, laboratories and hospitals of Ft es su ederal agencies, other than the Department of Energy, to utilize co nnercial waste disposal services at licensed burial sitesnon-government generators of similar wastes.
in the same i
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APPENDIX 2 GUIDANCE TO SUPPLEMENT FOR STATES IN CRIT REGULATING THE DISPOSAL OF L VEL RADIOACTIVE WAS Financial Sureties.
adequate bond, surety or other fiThe State res to require that an the licensee to assurenancial the c arrangement will be pro i v ded by the State radiation control aompletion of all requiremen a lished by decommissioning and reclamati gency for the decontamin
' , closure, in conjuncticn with the disposalon of sites, pment structures used an ensure that sufficient funds will bof low-leve monitoring and long-tem to e available to cover the co
~
operational and closure activities bcare ter of the f y the licensee are terminated .
Public Participation and He arings.* In the disposal of low-levelc radioa ti case of licenses for the s
ve waste, the State should provide (a) 1 An opportunity, af tero public n ti a public hearing with aptranscri
, and t for written comments and ce, (b)
(
A written detemination of the findings included in such det action to be taken based upon
, during the public comment peri deminationented and upon evide review.
o , with an opportunity for judicial
ThiseTuTdanci low-level radioactive items waste~confom dis to Co 6
, Agreement States is reconnended posal and their adoption by the of and urged by the Connission.
12/84 ~~
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t Environmental Impact Analysis.* For each li low-level radioactive waste and for each a cense for disp license which has a significant impact on thmendment o State should prepare a written canalysis (whi he human the public before comencement of any should hea bei available to human environment of such licensed y.
activitr ng) of the include: The analysis should
. - (a) impacts; An assessment of the radiological and non radiological health (b) groundwater; An assessment of any impact on any body of water and (c)
(d) Consideration of alternatives to the licen sed activity; Consideration of long-term impacts decomissioning, decontamination, and including re l site closure, (e) c amation; and A weighing of the costs and benefits of th considering the available alternatives. e proposed activity.
Limitation on Construction.* The State should prohib t any major construction activity prior to the issuance of connectinn with any proposed licensing action foa record of impact analysis is requireo. r which an environmental i
These guidanceltems conform to Comi States is recommended an urged by the Com e r ado ssion. ption by the Agreement 12/84
t 4
Personnel and Organization. \
which discusses the qualifications ofThis guide personnel for Agreement State programs regulatory and In addition to persons qualified by training and experience to protection aspects of hand 1:ng and use ofregulate the regulation of radioactive waste disposal radioactive materials, the i
fields of geology, hydrology requires capability in the regulate the natural characteristics of, ecology an i
effectiveness of design and operational fa proposed dis j, facility to isolate and contain theeatures b of a weste disposal
! minimum, a State radiation control proguried As a radioa through consultants the capability ram shouldt have on its staff o analysis that the established perfonnano make an indep 10 CFR Part 61) will be metceand objectives to p (e.g., Subpart C of I
analysis of the licensed activity. repare an environmental impact
! When it is planned to use consulta t universities or other sources, it is necen s from other S ssary that these persons be available when and to the . extent needed i
assured by appropriate memoranda of understThis ava
< and budgeted funds. anding, consultant contracts i
in using consultants from other State is important to consider possible problagencies or State univ i
with both the State agency having prop i tems if the same selection and operation of a disposal siter e ary responsibi i and the regulatory agency.
12/64
s NRC estimates that the professional staff time required f or issuance of a license for low-level waste disposal is aboutr renewal 4 man-yea of a license, about 2 man-years; and for a major amendment
,about 1 man-yea r.
Post-licensing regulatory activities related to ng the existi waste burial facilities, including resident inspectors eratingat the sites op
. and environmental monitoring, are estimated at about one t person-years per site per year.
t In addition to the technical personnel discussed above and n Criterion 20 a State program for regulating radioactive waste dispo sal needs to .
- have adequate staffing or support for legal, a administr ti aspects of the program. ve and clerical Instrumentation and Laboratory racilities.
The state should have available both field and laboratory instruments n and rela for verifying the measurements and environmental ng of the monitori licensee and to conduct independent measurements nmental and env monitoring.
Laboratory facilities should be available in the radiation control agency, in another State agency or through a consercial servi provide qualitative and quantitative analyses of environmental operational and possible accidental release samples.
12/84
The instruments and laboratory facilities should be described, including their availability and the State's related quality assurance program.
If laboratory facilities or services outside the radiation control agency are relied on, information on what contract or other comitments assure their availability on a timely basis should be included.
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. l Route 1, Box 2 Provo , SD 57774 December 29, 1984 G. 'ilsyne Kerr, Director Office of State Programs U.S. Nuclear Pegulatory Commission Visshington, D.C. 20555
Dear Mr. Eerr:
As Chairman of the Fall Fiver Citizens Against The nuclea r Dump , an organization which represents well over 500 Ball Biver County residents, I am writing to express our concern about Chem-Uuclear's proposed wn ste site.
We supported Initiative no.1, which was passed by an overwhelming majority of South Sakota voters, with 61 of 66 counties voting in favor o f the measure. Fassage of this initiative gives the voters statewide the power to decide if South Jskota joins with other states to dispose of low-level nucleer ws ste and if the state is the site-
~
of a nuclea r waste dump.
The only strong support for Chem-Luclear is found in 3dgemont, which is located seven miles upwind of Igloo (therefore out of the danger f zone for airborne rediation) . 3dgement uses w ter from the deep Madison aquifer, while much of the rest of the county depends upon shsllow wells. .ut the run-off from the proposed site drains into the Gheyenne 3iver, Lake Oahe, Missouri Biver, and the Mississippi Biver.
Approximately 70 people live within about two miles of the prorosed site, and a lerge percentage of the rural population lives downwind of the sita. hese people vo ted overwhelmingly against the project.
These facts demonstrate that there is significant opposition to es tablishing this type of a disposal site in this caunty.
' e do not thir.k the proposed site is geologically suitatie for a waste dump. 'ie
. feel any kind of below-ground disposal is dangerous because the contaminants eventually seep into the ground water.
Also, we believe there are other options to be considered.
Any help you may be eble to give us will be deeply appreciated.
Sincerely, c=.! Y A d Howard Henderson, Chairman Fall Biver Gitizens Against The Muclear Sump
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$ DISTRIBUTION: WM 85-005 NMSS r/f WMLU r/f JAN 1g 793 API s/f RE Browning MJ Bell JO Bunting KC Jackson 61MCJ/85/1/14 Howard Henderson, Chairman Fall River Citizens Against the Nuclear Dump Route 1, Box 2 Provo, South Dakota 57774
Dear Mr. Henderson:
Your letter to Mr. Wayne Kerr, Director, NRC's Office of State Programs, expresses concerns regarding Chem-Nuclear's ef forts to astablish a low-level radioactive waste disposal facility near Edgemont, South Dakota.
It appears that the citizens of South Dakota, by voting approval of the referendum, wish to have the final say as to whether or where a low. level radioactive waste disposal site may be established. Once that part of the process is decided, the Nuclear Regulatory Comission (NRC) would apply the criteria in its regulations in evaluating any application for a waste disposal site and facility.
Before any such facility can be established, the persons proposing to build and operate the facility must perform and document activitias designed to demonstrate that the site is suitable for waste disposal. The site and facility so proposed must comply with technical and performance requirements contained in regulations of either the Nuclear Regulatory Comission or a regulating NRC Agreement State. A license is 1ssued by the cognizant regulatory authority to build and operate the facility only on satisfactory findings resulting from a rigorous and complete evaluation of information supplied by the persons proposing the facility. The licensing process will likely provide opportunity for public hearing of all legal, technical and environmental issues in contention.
I am enclosing a copy of the NRC regulation which applies to the licensing of a waste disposal facility such as that which may eventually be proposed for South Dakota. Note that one of the requirements in the regulation is that commercial waste disposal facilities must be sited on land owned by either the Federal or a State government.
NRC's regulatory responsibility requires it to ensure in its regulatory process that operation of any nuclear facility is conducted in a manner which provides protection of the public health and safety and the environment. Therefore, before any disposal facility is built and operated, questions regarding health 0FC :WMLU kJ :WMLU : : : : :
NAME :KJackson :LHigginbotham : : : : :
DATE 885/01/14 :85/01/ : : : : : 2
~ c,~ , ,~ - a u., a s e
411.4/KCJ/85/1/14 JAN 15 1383 and safety and environmental implications must be addressed in a manner which satisfies NRC (or State) regulations.
If you have further questions, you may call me (301/427-4434) or Mr. Kenneth C.
Jackson (301/427-4500).
Sincerely, ,
Oddnd sismed by '
leo D. liiggiubotham Leo B. Higginbotham, Chief Low-Level Waste and Uranium Recovery Projects Branch Division of Waste Management
Enclosure:
10 CFR Part 61 cc: Wayne ~ Kerr, Director OSP -
wo/ encl.
J i
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NOTE TO FILE ENCLOSURE " FINAL RULEMAKING ON LAND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE"
- See previous concurrence l 0FC :WMLU kJ :WHL
......:............:.. }.....::............:............::............:............::...........
JNAME :KJackson :LHi nbotham : : : ::
- 85/01/gdg : : : : :
DfTE285/01/14
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, ~4t00 TING AND TitANSMITTAL SUP 1/2/85 :
1Gn (Innme. onice symbeL toom number, Enitishe Date 6eddag, Agency / Post) 3, Bob Browning, WM '
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Action File Note and Retum Approvel For Clearance Per Conversation i _ As Rectuested For correction Propero Repy Circulate For Your information See Me Comment investigate Signature
- Coordinetton Justih l D4 ARKS
. v I thig it would be more aooropriate foifyou toveoly '
to this letter, 5.
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00 NOT use this form os e RECORD of approvels, concurrences, crisposals.
clearances, and similar actions l
FROti- (Neme, org. symbol, Agency / Post) Room No.-Bldg. l AR-5301 Wayne Kerr Pnon. No, j 28170
- essa-ass OMIONAL FORM 41 (Rev. 7-763 Presenene by Ge4 j eGPO
- 1981 0 - 3*l.529 (109) FPteR (44 CFR) 101-II.2on 4
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nww, - - - - - - - - - - ~ - , - - - - . . - - - - , - - -
Chem-Nuclear reta. ins lead.ing engmeering,pg firm to. engineer proposed site in Edgem'ont
?
'& - " .. alternative disposal technologies and Chem Nuclear Systems. Inc. has ' work on h site and will continue to ~ past disposal practices at lowavel' retakesd one of b world's leading work with Domes and Moore. waste sites. g "We are committed to bringing the The company is currently conduct.
enguesering firme. Dames and Moore of Ime Angelse. California, to . highest caliber of professional engia. Ing studies for h Southeastern ;
G end. lI esordinate the engineering of a eering to this projoet." Corpetein Central Interstate 14w 14 vel Radio.
propened low-levql nuclear waste . said. "and we believe contreeting active Waste Management Compact N disposal facility asar Ed,crt. with Dames and Moore has achieved Cmamiss'eas and has completed Paul Corpstein. Chem. Nuclear our goal." dispe:al site studies for Texas and <b Projoet Manager, announced today Dames and Moore is one of the top ' Virginia.
the seisetion se Dames and Moore"to ten engineering and consulting Srms . Heading b Dames and Moore assist in finalisation of phase one site la the United States and has South Dakota team wiu be Robert investisptions and to coordinate all extensive experience in lowevel Kupp a ;;t"" in nuclear waste sies geeingy and envi:4emental radioactive waste managessent, management technelegy. Kopp hae
- l testing for the jealnese o( the They were he technical support ever 39 years experienee in nuclear I proposed project." " contractor to N United States eng'r c'.r.g in a wide variety of -
He said ht Dames and Moore will Nuclear Regulatory Commission nuclear He has been during development of 10 CFR 61 ;x r p:rojects.
suppleaieet effects bg the eingineer. . for many waste treet.
leg firm of Hoskine Western regulations. regarding low level ame;t, and diapa==I projects for both , ,
- Senderegger. tae. of Rapid City who .waste disposal. The firm's work for the Federal Government aad private
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here done prolindnery engineering the NaC also ineleded studies ei ladustry. I
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