July 6, 2004

Ms. Susan Jablonski, Technical Advisor

Office of Permitting, Remediation

 and Registration

Texas Commission on Environmental Quality

P.O. Box 13087, MC 122

Austin, Texas 78711-3087

Dear Ms. Jablonski:

A periodic meeting with the Texas Commission on Environmental Quality (the Commission) was

held on June 7, 2004. The purpose of this meeting was to review and discuss the status of

Texas’ Agreement State Program. I have completed and enclosed a general meeting

summary, including any specific actions that will be taken as a result of the meeting.

If you feel that our conclusions do not accurately summarize the meeting discussion, or have

any additional remarks about the meeting in general, please contact me at (817) 860-8143 or

e-mail VHC@NRC.GOV to discuss your concerns.

Sincerely,

/RA/

Vivian H. Campbell

Regional State Agreements Officer

Enclosure:

Agreement State Periodic Meeting

 Summary for the Commission

cc w/enclosure:

Paul Lohaus, Director, OSTP
Susan Jablonski -2-

bcc w/enclosure via e-mail ADAMS distribution:

E. Collins

M. Satorius

L. McLean

V. Campbell

P. Larkins, OSTP

K. Schneider, OSTP

L. Rakovan, OSTP

W. Maier

C. Cain

DOCUMENT NAME: s:\dnms\sao\periodic meetings\2004\TCEQ summary.wpd final: s:\dnms\ltrs-memos\ 

To receive copy of document, indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy

OFFICE RIV:RSAO

NAME VHCampbell

/RA/

DATE 07/06/04

OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax
Enclosure 1 

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR THE COMMISSION

DATE OF MEETING: June 7, 2004

ATTENDEES:

NRC

Vivian Campbell, Regional State Agreements Officer (RSAO)

Elmo Collins, Director, Division of Nuclear Materials Safety, Region IV

Patricia Larkins, Office of State and Tribal Programs (STP), by telephone

The State of Texas

Susan Jablonski, Low-Level Radioactive Waste Specialist, Office of Permitting, 

Remediation and Registration

George FitzGerald, Team Leader, Waste Permits Division, Office of Permitting,

Remediation and Registration

Don Redmond, Staff Attorney, Environmental Law Division, Office of Legal Services

Dan Eden, Acting Deputy Director, Office of Permitting, Remediation and

Registration

DISCUSSION:

The Texas Agreement State Program is administered by two State agencies, the Texas

Department of Health and the Texas Commission on Environmental Quality (the Commission). 

The Commission has regulatory responsibility for low-level radioactive waste disposal sites and

the decommissioning of former burial sites. The last Integrated Materials Performance

Evaluation Program (IMPEP) Review of Texas’ Agreement State Program was August 27-31,

2001, and the last periodic meeting was held on December 2, 2002.

The following is a summary of the meeting held in Austin, Texas, on June 7, 2004, between

representatives of the NRC and the Commission. During the meeting, the topics suggested in

the letter dated April 12, 2004, from Ms. Campbell to Ms. Jablonski were discussed. The

discussion pertaining to each topic is summarized below. 

1. Strengths and Weaknesses of the Program

a. Program strengths: 

The Commission has received good support from management and the legislature in

preparation to receive applications for the low-level radioactive waste disposal site. The

staff has doubled in size since the last periodic meeting. They anticipate receiving an

additional 1.5 FTE for the next fiscal year for the Commission’s Office of Legal Services. 

In addition, management has approved a process for contracting additional technical
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support through interagency contracts to augment their technical expertise where needed.

The Commission implemented the low-level radioactive waste disposal site rulemaking

package in seven months. They met the legislature’s statutory deadline which was a

major accomplishment.

b. Program weaknesses: 

The Commission expects to receive applications for the low-level radioactive waste

disposal site by August 6, 2004. The formal review process will begin at that time. 

Since this is a new process, the Commission acknowledged that the staff will be

learning during the process.

3. State Feedback on NRC’s Program

Training is a major concern for the Commission because of the need to train the new

staff. The State is still experiencing travel restraints; therefore, out-of-state travel is a

challenge. All out-of-state travel must be approved by the Deputy Director of the Office

of Permitting, Remediation and Registration. The Commission indicated that it would be

beneficial if more training could be regionalized. The Commission is particularly

interested in the Inspecting for Performance course, the MARSSIM course, and a

transportation course specific to transporting low-level radioactive waste. The

Commission expressed their willingness to host any of these courses and indicated that

they have a training facility. The RSAO coordinated with STP staff and instructed the

Commission to prepare a letter to STP outlining their request to provide these training

courses. STP will then forward the letter to Technical Training Division in Chattanooga

to determine the feasibility.

4. Status of State Program

a. Staffing and training:

i) As discussed earlier, the program has doubled its staff since the last periodic

meeting and training the new staff is a challenge for the Commission.

ii) The Commission indicated that there are no vacancies.

iii) The Commission had two staff retire during the period. However, they were

able to fill both positions promptly.

iv The Commission has adequate FTEs to complete the permitting action. 

They have not developed an inspection program specific to the new low-level

radioactive waste disposal licensing action. 
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b. Inspection Program:

i) The Commission does not anticipate implementing an inspection program

until the license is issued and construction is underway. They will be

establishing a resident inspection program specific to the new low-level

radioactive waste disposal licensing action. Currently, the Commission has

one FTE on staff who is experienced in inspection of radioactive material

disposal facilities.

c. Regulations and Legislative changes:

i) The Commission’s Low-level Radioactive Waste rules are finalized and

became effective January 8, 2004. They will need to promulgate rules for fee

setting for commercial disposal of low-level radioactive waste. 

d. Program reorganizations:

i) The Commission was reorganized approximately five years ago into

functional units (Refer to the attached organization chart). Licensing of the

low-level radioactive waste disposal site is the responsibility of the Waste

Permits Division of the Office of Permitting, Remediation and Registration. 

The inspection and associated enforcement activities are the responsibility of

the Office of Compliance and Enforcement. Both Offices report to the

Executive Director, who reports directly to the Commissioners. The

Commission does not anticipate any further reorganization at this time.

e. Changes in Program budget/funding:

i) The Commission expects to get an increase in their budget once they have

an applicant, based on the acquired fees. The applicant is required to pay a

non-refundable application fee in addition to cost-based fees. 

5. Event Reporting

The Commission has not had an event item to report to NRC during this period. 

However, the staff is aware of the NMED system and the procedures for event reporting

in STP procedure SA-300.

6. Response to Allegations

No allegations were referred by NRC to the State during the period.

7. Information exchange and discussion

a. Current State initiatives:

The Commission expressed concern about the advanced notice of proposed

rulemaking (ANPR) issued by EPA on November 18, 2003. The notice outlined

methods that EPA is considering to improve the safe management and disposal of

waste containing small amounts of radioactive materials ('low-activity' radioactive

waste). The comment period closed on May 17, 2004. The Commission expressed
Susan Jablonski -4-

its concern that this regulation could undermine the viability of the low-level

radioactive waste disposal site and requested feedback from NRC.

The RSAO informed the Commission that EPA had received approximately

1500 comments. No decisions have been made and both NRC and EPA will be

evaluating the feasibility of pursuing this rulemaking. The Commission was

provided the link to EPA’s web site in order to follow their efforts on Mixed Waste,

including the ANPR and the comments.

b. State’s mechanisms to evaluate performance, as applicable:

The Commission has internal auditors that assess the performance of the program

and conduct management risk assessments. The Commission will also be providing

periodic update on the progress of licensing the disposal site to the Commissioners

and the Texas Legislature.

8. Schedule for the next IMPEP review. 

The next IMPEP is tentatively scheduled for September 2005. The Commission

requested that NRC consider scheduling the IMPEP late in September because they will

be heavily involved in the license application technical review.