ML20012B934
| ML20012B934 | |
| Person / Time | |
|---|---|
| Issue date: | 09/06/1989 |
| From: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Weiss E AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20011B768 | List: |
| References | |
| FOIA-90-44 NUDOCS 9003190185 | |
| Download: ML20012B934 (2) | |
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WASH 6NGTON, D. C. 20005 fa Septem.ber 6, 1989 Mrs. Elinor Weiss 20 Moorfields Court East Amherst, New York 14051
Dear Mrs. Weiss:
Your August 10, 1989, letter to Senator D'Amato was forwarded to this office
' for response to the three questions you raised regarding potential "below-
- regulation concern" (UC) waste. disposal practices.
The Low Level Radioactive Waste Policy) Amendments Acts, PL-99-240, directe the Nuclear Regulatory Commission (NRC that certain types of. waste.are BRC.
In response to this legislation, NRC developed and published in 1986 a Statement of Policy and Procedures which outlines the criteria for considering petitions for rulemaking on an expedited basis. A copy of the statement is enclosed for your information (enclosure 1).
Your first question asked for a description of the steps the NRC must go through to adopt BRC regulations. Tne process of rulem king.for BRC regulations is similar to that used for any type of ruknaking.
In this particelar case, we would expect the rulemaking'prncess to'be initiated by a petition for rulemaking from some outside source such as the nuclear industry.
-The first step would be to publish a notice of receipt and provide an opportunity for public coment on the petition. The NRC would then evaluate the proposal and the comments on their respective merits and, if warranted, prepare a proposed rule for public coment.- Based 'upon the proposed rule and -
Alternatively, the
-public coments, aLfinal rule:could then be prepared.
- petition-could'be denied, or the rulemaking terminated, if the NRC staff finds 3
that such an action is warranted by the technical merits or public coments.
Your second question asked which part of this process is-the NRC presently in L
L with regard to BRC regulations.
At the present time, the NRC staff has not, received any petitions which have qualified for rulemaking under the 1986 statement of policy. However, we are aware that.the Nation's nuclear utilities are attempting to prepare such a petition which they expect to submit in the L
near future. The NRC has received other petitions for rulemaking related to
. incineration of waste oil and extension of the exemptions for small' quantities D
. wastes. The staff is at varying stages of review on these petitions.
Recently, the NRC initiated the development of a policy statement on exemptions from regulatory control. The policy statement will establish the principles
- and-criteria that govern Comission decisions related to the transfer of radio-active material from a controlled to an uncontrolled status, and thus is a separate' but related activity to the BRC waste disposal issue..As a key step
+-inthisInitiative,theCommissionissuedanadvancenoticeforpubliccomment on December 12,1988 (enclosure 2). In response to this notice, over 225
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2 copnent 1etters were received. The issues raised by these coment letters have been analyzed and used by the NRC staff in preparing a revised proposed policy.
This proposal is currently being corsidered by the Comission.
It should be noted that the_ @licy statement does not constitute regulation of the industry.
A formal-rulema king or licensing action, as described above, would still be required to implement the-policy in a specific area such as waste disposal or consumer; products.
~Your third question asked which radioactive elements fall into the BRC category, Because the criteria for BRC involve dose and risk, rather than specific isotopes, a BRC regulation may involve many different radioactive elements. However, in the context of any specific petition and rulemaking, the types and Auantities of radioactive material will be defined. This approach is reflected in exemptions which have been embodied in Comission regulations for some time. These. exemptions, for example, allow certain radioactive materials to be disposed of in sanitary sewer systems and to be used in a number of consumer products (e.g., watches and smoke detectors)..
you call Mr. William Lahs of nty staff, w1ose telephone is (301) ggest that If. you have additional questions relating to these matters. I su 492-3774.
Sincerely',
0:istnalshed By Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
1;. Statement of Policy & Procedures 2.
Federal Register advance notice dated 12/12/88 cc: Senator Alfonse M. D'Amato
' Distribution:
[ Weiss) subj-circ-chron Reading Files
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