The Low-Level Radioactive Waste Program (LLRW Program) was created to administer the Nebraska Department of Environmental Quality's (NDEQ) responsibilities as outlined in Nebraska State Statute through the Low-Level Radioactive Waste Disposal Act. The 1997 NDEQ Annual Report to the Legislature details the LLRW Program activities from 1990 to the present regarding their review of the license application of US Ecology to construct, operate, and close a low-level radioactive waste disposal facility for the member states of the Compact region.
The LLRW Program is a cooperative effort on behalf of NDEQ and the Nebraska Department of Health and Human Services (NHHS). Their technical review of the license application covers eight functional areas including Site Characterization, Performance Assessment, Quality Assurance, Design and Construction, and Facility Operations. In addition to state personnel, the LLRW Program organized and contracted for a team of more than 100 technical reviewers with expertise in more than 20 technical and professional disciplines to assist the NDEQ and NHHS in the review of the application.
According to portions of the NDEQ Annual Report to the Legislature, submitted December 1, 1997, the review of the US Ecology's license application documents concluded with the issuance by the LLRW Program of the draft safety evaluation report and the draft environmental impact analysis. The object of the DEIA is to inform the public and the decision-makers of any potential environmental consequences of the proposed action and possible alternatives to the proposed action. The DSER presents the results of the program's technical review of the license application. It provides the technical basis to allow the LLRW Program to determine if the facility meets applicable state laws and regulations.
In addition to the DSER and DEIA there are several other supporting technical evaluation documents which detail very specific areas of the license application review. The State identified the ending date for the 90 day public comment period and the dates and locations for the four days of public hearings in Boyd County, Nebraska.
The comments gathered during the hearing process will be considered as the state prepares a preliminary decision on whether to grant or deny a license. The next procedural steps of the licensing process are identified as the proposed license decision followed by a public hearing. The public hearing will result in a license decision. A contested case, a final license decision and appeal are possibilities according to the Public Participation chapter of the NDEQ regulations.