ML20042E953

Responds to Re D Cagne Concerns on Low Level Radwaste Disposal.Nrc Has Not Published Any Proposed Regulations Which Would Allow Disposal of Low Level Waste Under BRC Provisions of Publication L.99-240

ML20042E953
Person / Time
Issue date:	03/02/1990
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Boschwitz R SENATE
References
FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9005070014
Download: ML20042E953 (2)

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<E W ASHINGWN, D. C, 20556 i

March 2, 1990-i

. The Honorable' Rudy Boschwitz a

United States $6nator-215.Kellogg Square Bldg.

111 East Kellogg Blvd.

St.. Paul, MN. 55101

Dear Senator Boschwitz:

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- 1. am. responding' to-your letter of February 9,1990,. in which you asked us for

.our views on. matters pertaining to low-level radioactive waste'(LLW) disposal:

raised by'your constituent, Mr. David Gagne-(your File No. 0040150001).

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Specifically, Mr. Gagne's concerns are: directed at Nuclear Regulatory Comission-(NRC)~ activities to exempt specific waste from further regulation if I

its radioactivity content is sufficiently low as:to be "below regulatory concern (BRC)." The BRC terminology ~ reflects a class of material described in Pub. L.99-240, the Low Level Radioactive Waste Policy Amendments Act of 1985.

4 In response to Mr.:Gagne's concerns, I would first note that the Nuclear Regulatory Comission (NRC) has not published any proposed regulations which:

would allow' disposal of low-level waste under theiBRC provisions of Pub. L.99-240. However, in 1986,' we did-issue a final policy (Enclosure 1, 1

-51 FR 30839) which established the standards and procedures that will permit the.

i NRC to act upon "BRC" rulemaking petitions in an expeditious manner, as called.

for in the'Act.

I-The NRC has also' initiated the development'of a br:3dly' applicable _ exemption

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policy. An advance notice of this policy development-effort was issued in the Federal Register on December 12, 1988~(Enclosure 2, 53 FR:49886).: The policy would-publicly express the principles andLcriteria that underlie Comission exemption decisions including those related to BRC waste disposal.: The policy is intended to provide a consistent basis for all of our decisions that allow i

radioactive material to be-exempt from regulatory control.1 Thus, the policy, although applicable to BRC: waste disposal, would also provide the basis.for decomissioning decisions involving the releasetof lands,' structures,.or recycled materials for.. unrestricted use as well'as decisions regarding consumer product exemptions. We believe_the nation's best interests areiserved by a=

policy that _establ.ishes a consistent risk framework within which exemption'.

decisions can be made with assurance'that human health and the environment are-protected. Such a policy will also contribute to focusing limited national resources on those risks with greatest potential impact on public health and o

safety.

i In addressing M'r. Gagne's general concerns regarding BRC waste disposals, I would point out that any LLW considered to be "below regulatory concern" under.

.the provisions of Pub. L.99-240 would only involve materials with the lowest levels of radioactivity content. As a result, the-implication that more Qgg M oog o

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I hazardous radioactive low-level waste:could be disposed of.as BRC waste is incorrect.

In fact, the level of radioactivity for some potential BRC wastes may be such a small fraction of natural background radiation that it may not be readily detectable.

It should be noted that the."1/3 of [the] U.S. radioactive -

i waste " referred to by Mr. Gagne, represents a nuclear ' power industry estimate j

of the volume of.their low-level radioactive waste which may qualify for BRC i

= consideration.- This volume of material has been estimated to contain only about 0.01 percent of-the' radioactivity contained in all LLW discharged by l

these facilities.

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in closing, I want.to assure you that we take our mandate to protect the health j

and safety of the public very seriously.

As a result, the concerns expressed--

i by Mr. Gagne are among.those that we must carefully consider and sddress as we -

carry out out. regulatory mission.-

Sincerely,

, //

I s M. Tay Mr-xecutive' Director for Operations 1

Enclosures:

1.

Final Policy (51 FR 30839) 2.

FederalRegister(53FR49886) 3.

Package Incoming Material i

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