ML20058N458
| ML20058N458 | |
| Person / Time | |
|---|---|
| Issue date: | 07/26/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Geoffrey Miller HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| Shared Package | |
| ML20055H726 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 CCS, MILLER-900726, NUDOCS 9008140147 | |
| Download: ML20058N458 (4) | |
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4 QUESTIONS-10_ ' According to'the Environmental Protection Agency's February 2;-
AND-11. 1989 comments on the NRC's Advanced Notice _concerning the BRC policy, the EPA,. not the NRC, has.the primary federal-responsibility for regulating offsite11evels of radiation.
In addition,-it is my understanding.that EPA,:not the NRC, has the authority to determine acceptable: levels _of; radioactive contamination'in soil.
In light _of the above,'whi has NRC
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.i issued the below regulatory concern policy (BRC) without l
support of EPA?
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How can the NRC effectively implement the BRC policy for 1
wastes and decomissioning before EPA has determined "how-clean is clean" as it applies to-radioactive contamination-in soil? 'If the NRC implements BRC before'an EPA standard 1
is established, is it possible that materials and sites deemed BRC by NRC will not' meet EPA standards?
ANSWER Under the Atomic Energy-Act, as amended, the NRC has the authority to exempt radioactive materials from regulatory control. Exemption decisions are'an j
essential part of our regulatory program.
In recognition of this, over the-ri past seven years we have pursued with EPA the development of uniform federal standards to guide such exemption decisions.
NRC has the authority and responsibility to establish levels of radiation. that are below regulatory concern to serve as criteria for implementing sections 9008140147-900720 l
PDR COMMS NRCC CORRESPONDENCE PDC t
l OVESTION10/11.-.(Continued)
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57d, 62,'and 81 of the Atomic Energy Act. Additionally, section 10 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 specifically 1
directs' the NRC to develop standards and-procedures for making BRC' exemption -
1 decisions for low-level. radioactive waste.
Under. Reorganization' Plan No. 3 of 1970,. the. functions under the Atomic Energy' Act of establishing generally applicable environmental standards for protection of the environment from radioactive materials.was transferred to EPA.~ However, the-specific. authority to exempt materials from regulation in sections 57d,162,.and 81 of the Act was not transferred to EPA. Any actions that NRC might take pursuant to these sections would need to be consistent with any applicable general-environmental-standards that EPA may issue under the Atomic Energy Act.
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NRC'is faced, on a day to day basis, with making the kind of. exemption decisions covered by the BRC policy.
We have been making these types of decisions for the past 20 years and have no reason to'believe that the need to 4
l make such decisions will cease or decrease in the.near future.
Such decisions
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are an essential part of a regulatory program of.any agency charged with l
ensuring the safety of the American public.
Federal and State agencies have developed and' implemented similar exemptions.
The FDA,-for. example, l
applies risk-based guidelines in regulation of food additives and contami-nants. Similarly, EPA applies exemption or threshold'. levels in the regulation L
~ f pesticides, and other toxic and carcinogenic chemicals.
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l One example'is the need to make decisions on when to terminate licenses for-activities that use radioactive materials. These decisions involve judgments i
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q QUESTION 10/11. (Continued),
on "how clean is clean enough," for which uniform,' generally applicable federal standards have not yet been established.- Despite the absence of such y
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standards,.the NRC has'made cleanup decisions using as benchmarks 10 CFR Part 20'" Standards for Protection Against Radiation;" Regulatory Guide 1.86; 1
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" Guidelines for Decontamination of Facilities u d Equipment Prior to the' Pelease for Unrestricted Use or Termination of Licenses for Source, Special
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9 Nuclear, or Byproduct Material;" the "as low as reasonably achievable"-(ALARA) principle; conservative.. state-of-the-art risk assessments; and the 'sensi-tivity levels of radiation detection instruments'.. The BRC policy provides the bcsis for achieving a consist'ent level of protection for such cleanup decisions in the fature.
L As reflected in testimony last year before the House Subcommittee on Environment, Energy and Natural Resources 'of the Ccomittee o'n Government Operations, efforts to establish uniform, generally-applicable; standards for l
clean-up have been considerably delayed as a result of higher priorities at EPA.
In the meantime,'we established and implemented general requirements for deconnissioning nuclear facilities [53 Federal Register 24018).
In accordance with these requirements by July.27,1990, certain licensees will be required to certify their ability to pay for cleanup and decounissioning in proportion to anticipated costs.. In order to ensure the adequacy of these certifica-L tions, we need to establish safe levels of residual contamination.
Accordingly, we have been working for the past several years to develop regulatory guidance and the basis for a rulemaking to establish these levels.
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QUESTION 10/11.-(Continued)
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l l-We recognize the possibility that EPA could-set a more stringent standard than the one used in past or current deconnissioning. projects-and, therefore, that NP.C would have to revisit these decisions.
However, we still need to make cleanup and deconnissioning decisions even in the absence of uniform, generally applicable federal standards.
Based on current EPA projections, we i
do not expect that these standards will be~ established until the mid-to late t
1990s. We will, of course, continue to work with EPA to develop such standards to ensure protection of the public health and safety and the enyironment.
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