ML20005F311

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Responds to Requesting Consideration of Issues Raised by Constituent,M Manetas Re Disposal of Low Level Radwastes Characterized as Below Regulatory Concern.Nrc Preparing Policy Statement on Regulatory Exemptions
ML20005F311
Person / Time
Issue date: 12/28/1989
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Wilson P
SENATE
Shared Package
ML20005F312 List:
References
FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9001160165
Download: ML20005F311 (3)


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'g UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D C. 20666 4

December 28, 1989 1

q The Honorable Pete Wilson United States Senate Washington, DC 20510

Dear Senator Wilson:

I am responding to your letter of November 27, 1989, which requested our consideration of issues raised by your constituent, Mr. Michael Manetas (reference your case 9264060020).- Mr. Manetas' concerns. involve the disposal of very low-level radioactive wastes; specifically,1those wastes which could-potentially fall into a category characterized as "below regulatory concern" or "BRC."

You may recall that n previous letter to you on August 11, 1989, addressed this same subject. Mr. Manetas' concerns were-directed at and have been considered in our efforts to develop the broadly. applicable exemption policy described in y August letter.

Section 10 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Pub. L.99-240) directed the Comission to "... establish standards.and procedures... and develop the technical capability for-considering and acting upon petitions to exempt specific radioactive waste streams from regulation by the Commission due to the presence of radionuclides in-sufficiently low concentrations or quantities as to be below regulatory concern."- The Act was based upon the premise that, if risks from BRC waste disposals are sufficiently small, the governments resources and those_ of 1ts' licensees, would be better directed to more important public health and safety concerns.

In response to this Act, the NRC published a final policy statement-on August.29, 1986, J

(51FR30839, enclosed). More recently, the Commission has been preparing a policy statement on exemptions from regulatory control that will identify the principles and criteria that would govern a wide' range'of Comission exemption decisions,. including the BRC proposals addressed.by-Mr. Manetas. Thus, contrary.

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to Mr. Manetas' view, we believe we are being faithful to our public health and-safety responsibilities by promulgating rational and defensible: policies for i

the control of radioactive. materials.

In further responding to Mr. Manetas' concerns,.I would point' ou't that any

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low-level waste considered to be "below regulatory concern" would only involve materials with the-lowest levels of radioactivity content.

In fact, the level of radioactivity for some BRC

  • pastes _may be such a small-fraction.of natural.

background radiation that it may not be readily-detectable. : As a result,'any exposure an individual might receive from such disposals'or,-for that matter, from any practice exempted by the Commission from some or_ all regulatory _ control, would be expected to be a very small fraction of the natural background radiation.

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The Honorable Pete Wilson.

2 By way of further comparison, the exposures would typically be less than that-additional increment an individual receives from cosmic radiation during a cross-country plane flight or from living in a brick instead of a frame house.

In closing, I want to again assure you that we take our mandate to protect the health and safety of the public very seriously. -Therefore, we will continue to carefully consider the views of Mr. Manetas and other concerned citizens.

4 Sincerely, s/'

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.s M. Tay r ecutive Director for Operations

Enclosure:

Policy Statement, Part 2 i

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1 December 28 1989) l The Honorable Pete Wilsnn United States Senate i

Washington, DC 20510 5

Dear Senator Wilson:

I am responding to your letter of' November 27, 1989, which requested our.

consideration of issues raised by your constituent, Mr. Michael Manetas (reference your. case 9264060020). Mr. Manetas' concerns involve the disposal ~

I of very low-level radioactive wastes; specifically, those wastes which could potentially, f all into a category characterized as "below regulatory concern' or -

"BRC.".You may recall-that my previous _ letter;to you on August 11. 1989,.

addressed this same subject. Mr. Manetas' concerns were directed at and have been considered in our efforts to-develop the broadly applicable exemption-policy described in y August letter.

Section 10 of the Low-Level Radioactive Waste Policy Amendments Act of 1985~

(Pub.'L 99-240) directed the Commission to "... establish standards and-procedures... and develop the technical capability for considering:and acting upon petitions to exempt specific radioactive waste streams from regulation by the Commission due to the presence of radionuclides in sufficiently low concentrations or quantities-as to-be' below regulatory concern." The Act was based upon the premise that, if risks from BRC-waste disposals are sufficiently small, the governments resources, and those of its' licensees, would be_better directed to more important public health and< safety concerns.

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