ML20042F938
| ML20042F938 | |
| Person / Time | |
|---|---|
| Issue date: | 04/04/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Byrd R SENATE |
| Shared Package | |
| ML20042F939 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9005100197 | |
| Download: ML20042F938 (2) | |
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UNITED STATES 1
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. NUCLEAR REGULATORY COMMISSION i
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WASHINGTON, D. C. 20$65 April 4, 1990 1
l The Honorable Robert C. Byrd United States' Senate Washington, DC 20510
Dear Senator Byrd:
i I am responding to your letter of March 12, 1990, which requested our consideration of issues raised by your constituent, Mr. Robert S. DeMundo, Jr.
Mr. DeMundo's concerns involve the disposal of low-level radioactive wastes; i
specifically, those wastes characterized as'"below regulatory concern" or "BRC."
I would first note that the Nuclear Regulatory Commission (NRC) has not published any pro)osed regulations which would allow disposal of low-level waste (LLW) under tte BRC provisions of the Low-level Radioactive Weste Policy Amendments l
Actof1985(Pub.L.99-240). The Act directed the NRC to "... establish standards and procedures... and develop the technical capability for considering and acting upon petitions to exempt specific radioactive waste i
streams from regulation... due to the presence of radionuclides in such waste streams in sufficiently low concentrations or quantities as to be below regulatory concern."
In response to the legislation, NRC developed and published in 1986, a Statement of Policy and Procedures which outlines the criteria for considering such petitions.
I have enclosed a copy of the statement which you may find useful in responding to your constituent (Enclosure 1),
j Besides this 1986 policy, the Commission continues to be'. active in pursuing the development of a policy that would identify the principles and criteria that govern Commission decisions which could exempt radioactive material from some or all regulatory controls. This policy, the subject of the enclosed advance notice (Enclosure 2), would apply not only to BRC waste disposals but also to-l other decisions which would ellow licensed radioactive material to be-released to the environment or to the general public. The Commission's proposed exemption policy is intended to provide a consistent basis for all our decisions that allow radioactive material to be exempt from regulatory control. Thus, the policy, although applicable to BRC waste disposal, would also provide the basis' for decommissioning decisions involving the release of lands, structures, or recycled materials for unrestricted use as well as decisions regarding consumer product exemptions.
We believe'the nation's best interests are served by a policy that establishes 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 safety.
FULL TEXT ASCll SCAN 9005100197 900404 M
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The Honorable Robert C. Byrd 2
In addressing Mr. DeMundo's general concerns, reflected in the newspaper article he enclosed, I would point out that radioactive wastes (i.e., high level) that are "too ' hot' to handle," are not candidates for BRC consideration. Rather any LLW considered to be "belowTegulatory concern" under the provisions of pub. L.99-240 would only involve materials with the lowest levels of radioactivity content.
In iact, 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 30 percent of nuclear waste, referred to in the article, most likely applies to a nuclear utility industry estimate regarding the volume percentage of their waste which may qualify, in their view, for BRC consideration. This volume has been estimated to contain only about 0.01 percent of the radioactivity discharged as low-level waste by the nation's nuclear utilities.
It may be also helpful to summarire the typical exposures which we all routinely receive from a variety of sources of radiation. These exposures occur f rom radiation that is natural in origin as well as from sources which involve man-made uses of radioactive material.
In total, as estimated by the National Council on Radiation protection and Peasurements (NCRp Report No. 93), the effective dose equivalent received by the United States population averages about 360 millirem per year. Of this total, about 300 millirem per year (or over 80 percent of the total) is a result of natural sources, including radon and its decay products, while medical exposures contribute an estimated 53 millirem per year. Other man-made sources contribute the remaining 1 to 2 I
percent of the tutal exposure.
I am presenting this total exposure " picture" to provide a perspective on the hypothetical risks which may be associated with potential BRC waste disposal practices.
This perspective is one of several that the Commission believes are relevant to its decisions involving regulatory resource allocations to control the potential radiological risks associated with the use of radioactive materials.
In closing I want to assure you that we take our mandate to protect the health and safety of the public very seriously.
As a result, the concerns expressed by Mr. DeMundo are 6mong those that we must carefully consider and address as we carry out our regulatory mission.
Sincerely,
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mes M. T lor xecutive irector for Operations
Enclosures:
1.
Final Policy (51 FR 30839) 2.
FederalRegister(53FR49886) 1 I
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