July 10, 1978 HEARING CONDUCTED BY HOUSE INTERIOR SUBCOMMITTEE 1. Your state has been subjected to some harsh criticisms this morning regarding its regulatory program. I understand that you do not work in the state agencies responsible for mill licensing, but hope you can answer some questions regarding the program. 11 How many people in your regulatory agency work directly on processing license applications? How many staff do you have for monitoring uranium milling? - Does your mill licensing agency generally receive its full funding request from your state legislature? - Do you think New Mexico would require continual financial assistance in order to meet NRC regulatory standards? - How does your state compare to other Agreement States in these respects? Has your state investigated EPA authorities under the Resource Conservation and REcovery Act or the Clean Air Amendments for applicability to your mine problems? Do you think the Surface Mining Control Act, or the Mining Law could provide the kind of study funds or regulatory authorities you're seeking? 1 Insert A 1. In the State of New Mexico there is presently one director of Radiation and one full-time evaluator of mill license applications within the Environmental Improvement Division (EID) of the Department of Health and Environment. The evaluator seeks comments from a number of state and federal agencies and private citizens to review the application. In addition, each mill operator must contact other sections of the Division who have regulator control over the various mill activities. These include EID water, for a discharge plans; EID air (for control of emissions such as SO2, NOX' non-radioactive particulate, sulfuric acid mix) for a permit, and the State Engineer for water rights. Two more professional people will soon be employed in the mill license section of Radiation and an IPA persion is expected to be loaned from NRC. There are presently two people in the Grants office and one person in Santa Fe responsible for monitoring. By September the monitoring staff should include five people. The Radiation section got four additional positions given to it in the budget funding by the last legislature. This was the addition requested at that time. The Radiation section receives its full funding from funds designated to it by the Legislature except for training aid from NRC. New Mexico, other than through the Legislature, does not now require financial assistance. The State would like to continue in the training program conducted by NRC. Insert B The State is an Agreement State and is required to maintain a program compatible with U.S. NRC in its licensing or uranium mills. The Legislature rescinded the NEPA legislation in a previous session. The States do require an environmental assessment for new licenses. 2. The State is presently evaluating other Acts in regard to mine problems. The State does have licensing authoirty for radium. The State also requires that mill operators comply before they are given a license with all other State regulations. The State is still studying the possibility of funding the uranium mine problem through provisions of the Coal Surface Mining Act. Several sources have stated that the process of cleaning the existing abandoned coal mines should be completed within a couple of years and that, after that time, the legislation will allow the one-and-one-half million dollars per year available to the state under the Act to be applied to cleanup of abandoned uranium mines--at the discretion of the Secretary of the Interior. It would seem that this is a possible source of funding. However, even if the state could get the one and a half million dollars it is no where sufficient to assist with both mine and mill tailings cleanup. H.R.13382 The State would like to recommend that language be added to making the availability of funds under the Coal Surfacing Mining Act for uranium mine cleanup explicit. As we interpret the Act, it only permits, but does not require the Secretary to make funds available for uranium mines. 3. To demonstrate, in further detail, the State's work in this area, we will submit to you under separate cover, a copy of our "Uranium Mill License Application Guidelines." It is our belief . that this document will allow you a better understanding of our present operation. |