ML20155J817
| ML20155J817 | |
| Person / Time | |
|---|---|
| Issue date: | 08/29/1985 |
| From: | Starmer R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Mcelroy N NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20155J788 | List: |
| References | |
| FOIA-86-247 NUDOCS 8605270208 | |
| Download: ML20155J817 (11) | |
Text
1 DISTRIBUTION WM s f MKnapp
- WMLU rf JGre:ves NMSS rf 409.14/JAS/85/08/29 RBrowning NBell JBunting LHigginbotham JStarmer (DRAFT JAS: kj '85_/08,/.~29)"' "'
JSha ffner DMartin
\ MSeemann MEMORANDUM FOR: Norman McElroy KDragonette Materials' Licensing Branch Acehman, OSP Division of' Fuel Cycle and Material Safety - gv. . >w., .i-FROM: R. John Starmer, Section Leader Low-Level Waste and Uranium Recovery Projects Branch Division of Waste Management
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SUBJECT:
REVIEW 0F WASTE MANAGEMENT SECTIONS
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OF THE APPLICATION FOR AGREEMENT STATE STATUS BY THE STATE OF ftLIN0IS
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Per your request to Joe Bunting (note dated 08/21/85) the Waste Management staff has reviewed the sections of the subject application which relate to low-level waste management. As part of the review, staff members also reviewed appropriate statutes contained in Volume II and draft regulations contained in Volume III.
Overall, we find the proposed Illinois program to be compatible with the NRC program for management of low-level waste and could find nothing in the application that would preclude the granting of agreement state status based on inadequacies in the low-level waste management program.
We offer the following observations for your consideration in your response to the Office of State Programs.
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1 409.14/JAS/85/08/29
- 1) Nowhere in the applicable Illinois statutes, or in supporting regulations, is there a specific requirement for an Environmental Report or Environmental Impact Statement in support of activities related to low-level waste disposal. Illinois Rev. Statute 1984, Supp. ch. 111\ p. 241-10 d does require an Environmental Impact Study of proposed LLW sites.
63b17) appears to give IONS adequate authority to carry out its low-level waste management responsibilities. The legislation gives IDNS the prime responsibility for coordination of state waste management activities, some of which will be carried out by other state agencies under the direction of IDNS. It would seem appropriate that Memoranda of Understanding be established between IDNS and the other agencies which outline the procedural steps for coordination of waste management activities.
- 3) Ill. Rev. Statue 1983, ch. 111 par. 230.6 requires that land used for waste disposal be dedicated in perpetuity to this purpose. This requirement goes beyond the 10 CFR Part 61 requirement for 100 year institutional control.
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- 4) It is unclear as to whether IDNS or IEPA or both would hase authority over the disposal of mixed waste. The State Environment Protection Act (Illinois Rev. Statute 1983, par. 1004, 1025a-1025b, 1030-1045) seems to give IEPA authority over LLW sites with mixed waste.
However, the enabling legislation (Illinois Rev. Statute 1983, ch.
127 par. 63b17) transfers some of IEPA's powers to IDNS, particularly relating to power plants and reprocessing plants. OELD should ascertain whether or not this transfer of powers also applies to LLW sites.
- 5) Within IDNS the Office of Environmental Safety has programmatic responsibility for all waste management activities. Major activities include:
a) Oversight of decommissioning of radioactive waste disposal sites.
b) Developing siting criteria for new facilities, c) Developing criteria for waste treatment and storage, d) Developing criteria for contractor selection.
e) Developing criteria for liability compensation.
f) Environmental Surveillance.
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409.14/JAS/85/08/29 Responsibility for these activities is divided among three divisions
, within the office. There is an implied interrelationship among these divisions to carry out the major activities, as the professional disciplines necessary to carry out the activities are not represented in each of the divisions. The application should be expanded somewhat to explain the coordination and interaction among the divisions which will be necessary to accomplish major programmatic activities.
- 6) It was noted that IONS plans to. increase WM staff over the next two F.Y.'s However, they do not indicate that they plan to add personnel in all disciplines necessary for waste facility licensing (e.g.,
materials engineers, transportation specialists and hydrogeologists).
The application should clarify the extent to which this expertise will be available, either by contract or agreement with other state agencies, for the licensing process.
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- 7) The application should provide for revision of state regulations as i
necessary if NRC changes its regulations.
Illinois regulations for land disposal of (Low-level) Radioactive 8)
Waste (32 Illinois Adm. Code 601) and portions of the Standards for, OFC :WMLU kj :WMLU : : : : :
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409.14/JAS/85/08/29 Protection Against Radiation (32 Illinois Adm. Code 340) are generally compatible with the intent of 10 CFR Part 61 and 10 CFR Part 20. In reviewing the Illinois regulations the following discrepencies with NRC regulations were noted.
Section 601.2 Definitions of " license", "near surface disposal facility" and " person" were not provided. The definition of " land disposal facility" is different from the definition in 10 CFR 61.2.
t fl (Section601.5doesnotrequirethatanEnvironmentalReportaccompany the license application.
1 The word " Department" should be defined since it is used throughout j
the regulation to mean the Illinois Department of Nuclear Safety ,/
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Part 601 does not contain an equivalent to 10 CFR 61.16 covering special nuclear material.
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l Section 601.11 c & d. The phrase ...... including equipment, l
- facilities and procedures.. . . . . should be in parentheses to avoid 4
ambiguity. Further 601.11(c) should not tie releases to public water 1
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409.14/JAS/85/08/29 supply to 601.19. Standards for water supply are set by EPA and are more restrictive than requirements in 601.19.
Section 601.12 should cite the Federal Statute by which NRC can transfer authority to the state.
Section 601.12 is significantly different than its Part 61 equivalent (61.24). Also, Illinois proposes no equivalent to 61.25 or 61.26.
The implications of this should be scrutinized by OELD.
Section 601.13 contains no language to ensure licensee responsibility after the license expiration date.
Section 601.14 a)2) contains a subtle word change related to backfill (see Part 61.28 a)2)) which may or may not be an intentional attempt to incorporate above ground disposl.
Section 601.15 does not specify the beginning of the post closure period. Further, it mandates that the observation period continue until license transfer. It also specifies that closure must be complete prior to transfer. (See 10 CFR Part 61.29) l 1
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409.14/JAS/85/08/29 Section 601.16 specifies transfer of funds to the custodian rather than the site owner. (61.30)
Section 601.23 contains two additional siting criteria required by state law. (61.50)
Section 601.25 b) contains ambiguous wording regarding isolation of Class C waste. (61.52 a)2))
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Section 601.25 %) the word "may" should be changed to "must". This clause seems to imply a willingness to dispose of greater than Class C waste.
4 Section 601.31 a)2). The last two sentences of this paragraph, beginning with "These assurances shall be based on ...." should be moved out to the margin as they apply to both 601.31 a)1) and a)2).
di It is suggested that the phrase "and the license Section 601.31 f).
has been transferred to the site owner" be added to the last sentence.
General Note on Part 601:
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409.14/JAS/85/08/29 Since Performance Objectives and Technical Requirements are referred to generically throughout the Part, the sections containing these elements should be specifically labelled " Performance Objectives" and
" Technical Requirements".
Comments on Part 340 related to Waste Management:
Part 340 contains requirements for waste classification and waste form which are consistent with requirements in 61.55 and 61.56. It also contains Manifest Reporting requirements similar to those in 10 CFR 20.311.
Section 340.307 is silent on greater than Class C waste.
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These comments are taken from a memorandum from B. Thomas, WPC to Jim Shaffner, WMLU dated 08/28/85 and should be considered preliminary pending review by Mary Jo Seeman, WMPC.
Section 340.307 b)2). The word " stability" should be defined in Part 340 or specific reference made to definition in Part 601.
Section 340.307 d)4) seems inconsistent with Part 601 (601.25 1).
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409.14/JAS/85/08/29
_g-Section 340.308 a)3) and a)4) do not give a practical limit for-determining the presence of free liquids as does 61.56 a)3).
4 Section 340.308 a)7) does not caution against the disposal of pyrophorics to the extent that Part 61 (61.56 a)6)) does. Also "pyrophoric" should be defined in Part 340.
Section 340.308 b)2) says the same thing as 340.308 a)4). Both are too general because they allow for Department approval of wastes with more than 1% liquid, i
Section 340.311 a) - Chelating agent should be defined in Part 340.
Section 340.311 d)e)f) - Several manifest reporting requirements are tied to "these regulations". Numerical references to specific regulations should be made.
4 If you have any questions about the above comments, please call Jim Shaffner, i
Project Manager at X74698.
R. John Starmer, Section Leader J
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409.14/JAS/85/08/29 Low-Level Waste and Uranium Recovery Projects Branch Division of Waste Management
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