I. Mission
The Office of Environmental Management (EM) Low-Level Waste Disposal Facility Federal Review Group (LFRG) was established to fulfill the requirements contained in Section I.2.E(1)(a) of DOE Order 435.1 and exercised by the upper-level managers of the Office of Environmental Management (EM). The LFRG assists upper-level EM managers in the review of documentation related to the approval of PAs and CAs or appropriate Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) documentation as described in Section II of this charter. Through its efforts, the LFRG supports the issuance of Disposal Authorization Statements for low-level radioactive waste disposal. The LFRG also assists in other duties associated with low-level waste (LLW) disposal authorizations as assigned by upper-level EM managers.
II. Objectives
Through the establishment and implementation of the LFRG process, the Department evaluates operational suitability of DOE disposal facilities through compliance with DOE LLW disposal requirements. The LFRG process supports the self-regulation responsibility imposed on the Department of Energy (DOE) under the Atomic Energy Act of 1954 as amended.
The specific objectives of the LFRG are:
Track the preparation and completion status of documents prepared to demonstrate compliance with DOE LLW disposal requirements and report this information to upper-level EM managers;
Develop and conduct a formal review process that documents an auditable analysis and review of key documents and provides for creation and maintenance of the administrative record of the LFRG and its actions;
Review documentation submitted by LLW disposal facility host sites and support the process of granting Disposal Authorization Statements;
Provide the cognizant upper-level EM managers with approval recommendations that represent the decisions of the LFRG membership;
Prepare Disposal Authorization Statements, with conditions when justified, for DOE LLW disposal facilities; and Conduct reviews and assessments as directed by upper-level EM managers and provide recommendations.
The key documents, utilized to support development and approval of Disposal Authorization Statements for DOE LLW disposal facilities, consist of one of two document sets: (1) an approved PA and CA; or (2) appropriate CERCLA documentation that demonstrates compliance with the substantive requirements of DOE Order 435.1. Demonstration of compliance through the appropriate CERCLA documentation shall be summarized with a crosswalk that identifies each DOE LLW requirement satisfied by CERCLA. Substantive DOE LLW requirements unsatisfied by CERCLA are to be complied with separately. The LFRG is responsible for the determination of the adequacy of CERCLA documentation and for demonstrating compliance with DOE LLW requirements.
Based upon the review of either document set, a Disposal Authorization Statement is prepared by the LFRG for consideration by the cognizant upper-level EM manager. Upon approval, the Disposal Authorization Statement is signed by the cognizant upper-level EM manager.
III. Organization
The Co-Chairs of the LFRG are appointed by upper-level EM managers from among their staffs. The Co-Chairs are responsible for establishing and maintaining LFRG membership and establishing operating procedures, conducting meetings, and communicating results of LFRG deliberations to affected sites and to upper-level EM managers. Procedures, responsibilities, schedules, and other appropriate information for organization and operation of the LFRG will be documented in the LFRG Program Management Plan.
Members of the LFRG are recruited by the Co-Chairs in consultation with upper-level EM managers. The membership of the LFRG shall consist of Federal employees from Headquarters and field organizations. A representative from the DOE Office of Environment, Safety and Health (EH) shall serve on the LFRG to provide environment, safety, and health technical expertise. Members of the LFRG are expected to be competent in the technical evaluation of the documentation to be reviewed by the LFRG, to possess expertise in policy analysis, and to hold positions that authorize them to act on behalf of their respective organizations. The members of the LFRG are responsible for participation in the meetings of the LFRG and other activities as directed by the Co-Chairs. Continued membership on the LFRG is dependent upon adequate participation and timely review of documentation as determined by the Co-Chairs. Members of the LFRG shall serve until replaced or removed by the Co-Chairs.
A Review Team is established for each specific site review. A Review Team leader is selected by the LFRG Co-Chairs in consultation with the LFRG members and must be a Federal employee. The Review Team leader selects the balance of Review Team members with the concurrence of the Co-Chairs. Review Team members are selected based on their qualifications for addressing key elements of the documentation to be reviewed. One or more of the Review Team members will be an LFRG member.
IV. Quorum and Voting
The desired quorum for deliberations by the full LFRG is a majority of the current membership (which includes the Co-Chairs). The LFRG Co-Chairs seek a consensus on the decisions of the LFRG. Ultimately, decisions are approved by affirmative vote of a simple majority of the LFRG members and Co-Chairs. Minority reports may be appended to records of LFRG decisions at the request of any member or Co-Chair. Only LFRG members have voting rights. These rights may not be delegated to individuals participating in LFRG activities as representatives of the members.
In instances when a majority cannot be achieved, the LFRG Co-Chairs may jointly act on behalf of the LFRG. Decisions made solely by the Co-Chairs on behalf of the majority must be documented in writing and noted as having been made by the Co-Chairs rather than by majority.
V. Authorizations
Mark W. Frei
Acting Deputy Assistant Secretary for Waste Management
James J. Fiore
Acting Deputy Assistant Secretary for Environmental Management
VI. Concurrences
Jay Rhoderick
LFRG Co-Chair
William E. Murphie
LFRG Co-Chair |
