ML20042F944

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Responds to Re MD Cleveland Concerns Involving Disposal of Low Level Radwaste Below Regulatory Concern
ML20042F944
Person / Time
Issue date: 04/04/1990
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Goodling B
HOUSE OF REP.
Shared Package
ML20042F945 List:
References
FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9005100207
Download: ML20042F944 (2)


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April 4,1990 The Honorable Bill Goodling United States House of Representatives Washington, DC 20515

Dear Congressman Goodling:

I am responding to youe letter of March 13, 1990, which requested our consideration of issue *, raised by your constituent, Mr. Matthew D. Cleveland.

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Mr. Cleveland's concerns involve the disposal of low-level radioactive wastest i

specifically, those wastes characterized as "below regulatory concern" or "BRC."

I would first note that the Nuclear Regulatory Comission (NRC) has not published any pro)osed regulations which would allow disposal of low-level waste {LLW)

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under tse BRC provisions of the Low-Level Radioactive Waste policy Amendments Actof1985(Pub.L.99-240). The Act directed the NRC to "... establish standards and procedures... and develop the technical capability for considering and act3ng upon petitions to exempt specific radioactive waste 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 ennsidering such petitions.

I have enclosed a copy of the statement which you may find useful in responding to your constituent (Enclosure 1)'.

Besides this 1986 policy, the Comission continues to be active in pursting the development of a policy that would identify the principles and criterb that govern Comission decisions which could exempt radioactive material from some or all regulatory controls. This policy, the subject of the enclosed advance notice (D elosure 2), would apply not only to BRC waste disposals but also to 1

other deusions which would allow licensed radioactive material to be released l

to the environment or to the general public. The Comission'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 decomissioning 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.

In addressing Mr. Cleveland's general concerns on the dangers of radiation, I l

would point out that any LLW considered to be "below regulatory concern" under 9005100207 9004o4 PDR ORG NE E Full. TEXT AS0ll SCAfCD1 l

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l The Horiorable Bill Goodling

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the provisions of Pub. L.99-240 would only involve materials with the lowest levels of radioactivity content.

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 may be also helpful to summarize the typical exposures which we all routinely receive from a variety of sources of radiation. These exposures occur from radiation that is natural in origin bs well as from sources which involve man-made uses of radioactive material.

In total, as estinated by the National Council on Radiation Protection and Measurements (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 totsi) is a result of natural sources, including redon and its decay products, while medical exposures contribute an estimated 53 millirem per year.

Other man-made sources contribute the remaining 1 to 2 percent of the total exposure.

I am presenting this total exposure " picture" to provide a perspective on the hypothetical risks which may be associated with potential ERC 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 oncerns expressed by Mr. Cleveland are among those that we must carefully consider and address os we carry out our regulatory mission.

Sincerely, l

1. Tay l

E cutive D rector for Operations

Enclosures:

1.

Final Policy (51 FR 30839) 2.

Federal Reaister (53 FR 49686) 3.

Letter from M. Cleveland to B. Goodling dated March 6, 1990 l

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