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Letter Re Examples of Local/Non-Agreement State Efforts 1800 M Street, N.W. Morgan Lwis Washington, D.C. 20036-5869 &Bockius 202-467-7000 COUNSELORS AT LAW FaxL 202-467-7176 BY EMAIL AND HAND - DELIVERY Don Silverman 202-467-7502 dsilverman•,morqanlewis.com July 27, 2001 James Lieberman, Esq. Office of General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Re: Examples of Local/Non-Agreement State Efforts to Regulate Atomic Energy Act Materials Dear Jim: In accordance with our prior conversations and in anticipation of the August 2 meeting between UniTech Services Group, Inc. (UniTech) representatives and the NRC of Staff, I am providing you with six copies of a brief summary containing examples regulatory requirements that have been imposed by local or non-Agreement State governments on radioactive material subject to the Nuclear Regulatory Commission's (NRC) exclusive regulatory authority under the Atomic Energy Act (AEA materials). The package also contains some relevant supporting reference materials. While these are not the only examples that could be identified, we believe that they are sufficient to demonstrate the nature of UniTech's concern and the need for corrective or clarifying action by the NRC. As you review the enclosed materials, please note that in each case the primary, if not exclusive, purpose of the regulation is to protect workers or the public from the radiation hazards of AEA materials. Local and non-Agreement State governments simply may not regulate in the preempted field, let alone in a manner that is more stringent than, and potentially in conflict with, NRC requirements. Philadelphia Washington New York Los Angeles Miami Harrisburg Pittsburgh Princeton I-WA/639357.1 London Brussels Frankfurt Tokyo )C. 1::ýý & 6C/ James Lieberman, Esq. Morgmn Lewis July 27, 2001 &Bockiis LL Page 2 I hope that the enclosed information will help facilitate our discussion when we meet. In the meantime, if you have any questions, I can be reached at 202-467-7502. Sincerely Donald J. Silverman cc: George Bakevich Mike Fuller I-WA11639357.1 ATTACHMENT Examples of Local and Non-Agreement State Regulation of AEA Material Jurisdiction Summary of Regulation Status References Pennsylvania Pennsylvania's Department of The rules are * 25 Pa. Code Environmental Protection ("DEP") has in effect. §§ 273.140a; 273.223. adopted rules setting forth regulatory (Ref. A). requirements for solid waste facilities * Guidance Document on to: (1) implement and obtain approval Radioactivity of a radiation protection action plan in Monitoring at Solid the event of a radiation alarm; Waste Processing and (2) monitor for radiation in accordance Disposal Facilities, with a DEP guidance document; Department of (3) conduct radiological surveys of Environmental vehicles; and (4) notify the DEP and Protection. (Ref. A). take response actions in the event of a radiation alarm or if certain dose rates are detected. The DEP applies, among other things, a 4 mrem drinking water pathway standard. Kentucky The Kentucky Natural Resources and In a decision of United States v. Environmental Protection Cabinet the Sixth Circuit Kentucky, 2001 U.S. issued a RCRA permit to DOE Court of App. LEXIS 11591 authorizing operation of a solid waste Appeals, the (June 5, 2001). landfill at the Paducah Gaseous court affirmed a (Ref. B). Diffusion Plant. The RCRA permit District Court contained conditions prohibiting decision that the placement in the landfill of"[s]olid permit waste that exhibits radioactivity above conditions were de minimis levels" and prohibiting preempted by the placement of "solid waste that contains AEA. United radionuclides" prior to review and States v. approval of a Waste Characterization Kentucky, 2001 Plan. U.S. App. LEXIS 11591 (June 5, 2001). Oak Ridge, Oak Ridge developed a methodology This program * Guidance on Tennessee for establishing radionuclide limits for is in effect. Radioactive Materials its sewage sludge. According to the in Sewage Sludge and City of Oak Ridge Department of Public Ash at Publicly Owned Works, the Industrial Pretreatment Treatment Works, I -WA/i 637945.1 Morgan, Lewis & Bockius LLP Program ("IPP") is a set of guidelines ISCORS, Revised that has been adopted pursuant to the Draft, June 2000 (see Clean Water Act. pp. F-2 to F-3). (Ref. The City of Oak Ridge used the C). sewage sludge criteria outlined in the " Affidavit of Elisabeth IPP to establish facility specific Stetar, Interstate discharge limitations for entities that Nuclear Services Corp. discharge radioactive materials to the v. City of Santa Fe, POTW. The IPP includes limits on CIV 98-1224 (Dist. N. discharges of individual radionuclides M. Oct. 13, 1999)(see and general quantity limits that are more pp. 6-8). (Ref. D). stringent than the NRC limitations. "* Conversation with Thus, Oak Ridge regulates discharges of Kenneth Glass, AEA materials in a manner more Wastewater Treatment restrictive than the NRC and relies on Facility, Oak Ridge, the Clean Water Act for its authority. TN, June 6, 2001. "* Conversation with Bruce Giles, City of Oak Ridge Department of Public Works, July 6,2001. .1 I+ St. Louis, MO The City of St. Louis has adopted a The City "* Metropolitan St. Louis local ordinance (Metropolitan St. Louis Ordinance is in Sewer District Sewer District Ordinance No. 8472 effect. Ordinance No. 8472, (Article V, Section 13)) to limit Article V(A)13, (Aug. radioactive discharges from industrial 14, 1991)(see pp. 14 users. The draft NRC POTW Guidance 15). (Ref. E). document states that the purpose of " Guidance on these requirements is to ensure that the Radioactive Materials concentration of radioactive discharges in Sewage Sludge and does not pose a hazard for the Sewer Ash at Publicly Owned District employees and does not Treatment Works, adversely affect the district's sludge ISCORS, Revised disposal options. Draft, June 2000 (see p. The Ordinance prohibits the discharge F-2). (Ref. C). of "any radioactive material except those wastes which are authorized for disposal into sanitary sewers under applicable State and Federal regulations and as specifically authorizedby the Director"of the sewer district. The Ordinance also contains a limit of 1 curie per yearfor the aggregate dischargefrom all users to each of the plants which sewer.... district's treatment A ________________ I S.. I-WA/1637945.1 Morgan, Lewis &Bockius LLP -2- I I is a more conservative requirement than that of the NRC. Excreta from individuals undergoing medical diagnosis or treatment with radiological materials are exempt from this prohibition. Licensees are required to write the sewer district requesting approval to discharge radioactive materials and indicating the isotopes and the amounts to be discharged annually. The district then approves the discharges. The district requires quarterly reports from the licensees to ensure compliance with the Ordinance and State and Federal North East NEORSD in Cleveland regulates This regulatory e Affidavit of Elisabeth Ohio Regional discharges of radiological materials to program is in Stetar, Interstate Sewer District its system by use of questionnnaires and effect. Nuclear Services Corp. ("NEORSD") permit conditions. NEORSD restricts v. City of Santa Fe, the concentrations of cobalt-60 that can CIV 98-1224 (Dist. N. be discharged to the sewer by a licensee M. Oct. 13, 1999)(see to 100 pCi/l, whereas the NRC sewer p. 9). (Ref. D). discharge limit is 3,000 pCi/l. 1-WA/1637945.1 Morgan, Lewis &Bockius LLP -3- Pennsylvania Code http ://www.pacode.com/secure/data/025/chapter273/subchapAtoc.html Subchapter A. GENERAL See. 273.1. Scooe. § 273.1. Scope. This chapter sets forth application and operating requirements for persons and municipalities that operate municipal waste landfills. The requirements in this chapter are in addition to the applicable requirements in Chapter 271 (relating to municipal waste management-general provisions). No part of the information on this site may be reproduced for profit or sold for profit. This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version. 7/26/2001 9:43 AM , 25 Pa. Code § 273.140a. Radiation protection action plan. http://www.pacode.com/secure/data/025/chapter273/s273.140a.htnl F ; I' -f , § 273.140a. Radiation protection action plan. (a) An application shall contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting. (b) The action plan shall be prepared in accordance with the Department's "Guidance Document on RadioactivityMonitoring at Solid Waste Processingand DisposalFacilities," Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements. (c) The action plan shall be incorporated into the landfill's approved waste analysis plan, under § 271.613 (relating to waste analysis plan). Source The provisions of this § 273.140a adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Cross References This section cited in 25 Pa. Code § 273.223 (relating to radiation monitoring and response). No part of the information on this site may be reproduced for profit or sold for profit. This material has been drawn directly from the official
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