ML20055D110

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Responds to Re P Blockey-OBrien Concerns Involving Disposal of Low Level Radwaste Characterized as Below Regulatory Concern.Nrc Assures That Mandate to Protect Health & Safety of Public Taken Seriously
ML20055D110
Person / Time
Issue date: 06/05/1990
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Nunn S
SENATE
Shared Package
ML20055D111 List:
References
FRN-53FR49886, RULE-PR-CHP1 NUDOCS 9007030225
Download: ML20055D110 (2)


Text

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((k. RIO je UNITED STATES g

NUCLEAR REGULATORY COMMISSION g

WASHINGTON, D. C 20655 aj

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June 5,1990 The Honorable Sam Nunn United States Senator Suite 1700 75 Spring Street, S.W.

Atlanta, Georgia 30303

Dear Senator Nunn:

I am responding to your letter of May 9,1990, which requested our consideration of issues raised by your constituent Mrs. Pamela Blockey-O'Brien.

Mrs.Blockey-O'Brien'sconcernsinvolvethedisposaloflow-levelradioactive wastes and, in particular, those wastes characterized as "below regulatory concern" or "BRC."

Specifically, her concerns were reflected in the information she provided which originated from the Nuclear Information and Resource Service.

I would first note that the Nuclear Regulatory Commission (NRC) has not waste (LLW) y proposed regulations which would allow disposal of low-level published an under the BRC provisions of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Pub. L.99-240). However, 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 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 Mrs. Blockey-O'Brien (Enclosure 1). We are aware that the nation's nuclear power utilities have prepared such a petition but, to date, this petition has not been submitted to us.

Besides this 1986 policy, the Commission continues to be active in pursuing the development of a broad policy that would identify the principles and criteria that govern Commission decisions which could exempt radioactive material from some or all regulatory controls. This broad policy, the subject of the enclosed advance notice (Enclosure 2), would apply not only to BRC waste disposals but also to other decisions which would allow licensed radioactive material to be released to the environmet or to the general public.

Thus, the policy would g

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 would be served by a policy that establishes a consistent risk framework within which exemption decisions can be made with assurance that human health and the environtent are protected.

Such a policy would also contribute to the focusing of our limited national resources on those risks with greatest potential impact on public health and safety.

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e The Honorable Sam Nunn 2

My response to the specific points raised by the Nuclear Information and Resource Service ere provided in Enclosure 3.

However, in further addressing your constituent's concerns regarding potential BRC waste disposals, I would point out that any LLW considered to be "' elow regulatory concern" under the o

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 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 Measurements (NCRP Report No. 93), the effective dose equivalent received by an average individual in the United States opulation is about 360 millirem per year. Of this total, over 83 percent p(about 300 millirem per year) is a result of natural sources, including radon and its decay products, while medical exposures such as x-rays (53 millirem per when averaged over the U. S. population, contribute an estimated 15 percent year). Other man-made sources, including nuclear f allout, contribute the remaining 1 to 2 percent of the total exposure. The remaining 1 to 2 percent also includes the contribution from nuclear power plant effluents._ 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 Connission 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 your constituent are among those that we must carefully consider and address as we carry out our regulatory mission.

Sincerely, 1

J a-

M. Taylor Ex utive Director for Operations

Enclosures:

1. Final Policy (51 FR 30839) 2.FederalRegister(53FR49886)
3. Response to NIRS Statements J