ML20058Q021
| ML20058Q021 | |
| Person / Time | |
|---|---|
| Issue date: | 08/09/1990 |
| From: | Remick F NRC COMMISSION (OCM) |
| To: | Exon J, Kerrey J SENATE |
| Shared Package | |
| ML20058Q023 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 NUDOCS 9008210049 | |
| Download: ML20058Q021 (4) | |
Text
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jo UNITED STATES g
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WASHINGTON, D. C. 20666 k,,,,, #
August 9, 1990 CHAIRMAN i
The Honorable J. Robert Kerrey United $tates Senate Washington, D.C.
20510
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Dear Senator Kerrey:
I am responding to the letter of June 27, 1990, in which you and Senator Exon expressed concern regarding our recently issued Below Regulatory Concern-(BRC)
Policy Statement (Enclosure 1). The BRC policy establishes a risk-based framework for decisions to exempt very low levels of radioactive material from regulator booklet (y control.- As explained in' the policy statement and the enclosed.
' ), the: policy could-be used.to exempt certain: low-level radioactive waste'as BRC in accordance with the p(LLRWPAA, Pub. La 99 rovisions of the Low-Level Radioactive Waste Policy. Amendments Act of 1985
. We i
believe the nation's interests are best' served when such decisions can be made in a uniform, risk-based manner with assurance that human health and the environment are protected.. The BRC policy may also assist both. Federal and State authorities to focus limited radiation protection resources on'those-risks of' greatest concern.
1 i
In response to your concerns on the hypothetical: dispersal of BRC radioactive -
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.l material in hundreds of community landfill sites, implementation'of NRC!s 4
policy will permit only very low levels of radiation exposure to the public from disposal of exempted wastes or from an accumulation of' exempted wastes at any facility.
It is important to understand that even without a BRC policy very low levels of radioactivity from both natural and man-madetsources j
routinely enter landfills today. The real issue involved in BRCLwaste disposal:
i is, "What level of radicactivity-.can we allow to be-disposed of at non-licensed disposal facilities while ensuring protection of-the public health i
and safety and the environment?"
3 On this: point Section 10 of the LLRWPAA, directed the Nuclear Regulatory Comission (NRC),to establish standards and procedures to consider and act upon petitions "to exempt specific radioactive waste streams from regulation... due to the presence of radionuclides...
in sufficiently low concentrations or quantities to be.below regulatory concern."
The Comission is aware that waste exemptions granted under the BRC policy may potentially impact the economics of State and Compact low-level radioactive waste disposal facilities, including the Central States Interstate Compact.
Several States and the Midwest Interstate low-level Radioactive Waste 1
Commission provided coments addressing the economic viability issue in q
response to an advance notice of policy development which was published in'the FederalRegister(53FR49886)onDecember 12, 1988..In addition, the BRC i
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. policy, as it applies to low-level waste disposal, has been discussed at several meetings of the Low-Level Waste Forum over the last few years.. These meetings have been widely attended by Regional Compact officials, including those from the Central States Interstate Compact and the State of Nebraska.
Thus we believe that the States and Compacts have been aware for some time that the implementation of the BRC policy could have economic implications for radioactive waste disposal..
For a number of reasons, however, it is highly speculative to assume that exemptions that might be granted under the BRC policy will have a substantial deleterious impact on waste site economics.
First, the extent to which waste volumes will actually be reduced as a result of petitions approved under the BRC policy is not known.
Second, the-commercial nuclear power industry hit deferred the submittal of a petition to request exemption of certain low-level l
waste streams under this policy. Third, a uniform BRC framework and set of regulations was envisioned in the LLRWPAA to further define the types and quantities-of wastes that, on a national basis, would require disposal at l
low-level waste disposal sites. Thus we believe that the adoption of the'BRC policy at this time will reduce uncertainty in the process of establishing new low-level waste disposal capacity. Finally, the nuclear industry has already significantly reduced the total volume of class A low-level waste through compaction and other waste reduction techniques. Such advances in volume.
reduction technology have the potential to substantially reduce the volume of l
low-level waste independent of any BRC waste exemptions. While the volume of wastes could be reduced further as a result of future BRC waste exemptions, States or Compacts have the. option to set their disposal fees based on activity, risk, or some other criteria and, thereby, provide for the continued economic viability of disposal facilities.
We are aware that a number of States are now considering such approaches.
The Commission carefully considered these and other issues prior to issuing our BRC Policy Statement and continues to believe that implementation of the BRC policy will adequately protect the public health and safety and the environ-ment.
I hope our comments will help resolve your concerns about the objectives-and potential impact of our Policy Statement.
Sincerely, s
or
. Remick A
Chairman 1-
Enclosures:
1.
BRC Policy Statement 2.
BRC Explanatory Booklet i
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UNITED STATES.
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NUCLEAR REGULATORY COMMISSION
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August 9, 1990 CHAIRMAN i
The Honorable J. James Exon L
United States Senate l.
Washington, D.C.
70510 l
Dear St.nator Exon:
I am responding to the letter of June 27, 1990, in which you and Senator Kerrey expressed concern regarding our.recently issued Below Regulatory Concern (BRC) Policy Statement (Enclosure 1). The-BRC policy establishes a risk-based framework for decisions to exempt very low levels of radioactive material from regulator booklet (y control. As explained.in the policy statement and the enclosed )', the policy could be used to exempt certain low-level radioactive waste as BRC in accordance with the provisions of the Low-Level.
Radioactive Waste Policy: Amendments Act of 1985'(LLRWPAA,-Pub. L.99-240). We believe the nation's interests are best served when such decisions can be made in a uniform, risk-based manner with assurance that huaan health and the-environment are protected. The BRC policy may also assist both Federal and.
l State authorities to focus limited radiation protection resources on those l
risks of greatest concern, in response to your concerns on the hypothetical dispersal of BRC radioactive material in hundreds of community landfill sites, implementation of NRC's policy will permit only very low levels of' radiation exposure to thel public' from disposal of exempted wastes or from an accumulation of exempted wastes at any facility.
It is important to understand that even without a BRC policy very low levels of radioactivity from both natural and man-made sources routinely enter landfills today. The real: issue involved in BRC; waste disposal
. 1 is, "What level of radioactivity can we allow to be-disposed of at:
non-licensed disposal facilities while ensuring protection of: the public health and safety and the environment?"
On this point, Section 10 of the LLRWPAA, directed'the Nuclear Regulatory Commission (NRC) to establish standards and procedures to consider and act upon waste streams from regulation... petitions "to exemptispecific radioactive-due to the presence of radionuclides...
in sufficiently low concentrations or quantities to be below regulatory concern."
The Comission.is aware that waste exemptions grant'ed under the' BRC policy may potentially impact the economics of State and Compact low-level radioactive i
waste disposal facilities, including the Central States Interstate Compact.
Several: States and the Midwest Interstate Low-Level Radioactive Waste Commission provided comments addressing the economic viability issue -in response to an advance notice of policy development which.was published in the l
FederalRegister(53'FR49886)onDecember-12','1988.
In addition, the BRC F
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. l I
policy, as it applies to low-level waste disposal, has been discussed at several meetings of the Low-Level Waste Forum over the last few years.
These meetings have been widely attended by Regional Compact officials, including 3
those from the Central States Interstate Compact and the State of Nebraska.
Thus we believe that the States and Compacts.have been aware for some time that the implementation of the BRC policy could have economic implications for radioactive waste disposal.
i For a number of reasons, however, it is highly speculative to assume that exemptions that might be granted under the BRC policy will have a substantial i
deleterious impact on waste site economics.
First, the extent to which waste volumes will actually be reduced as a result of petitions approved under the BRC policy is not known. Second, the commercial nuclear power industry has deferred the submittal of a petition to request exemption of certain low-level waste streams under this policy.
Third, a uniform BRC framework and set of regulations was envisioned in the LLRWPAA to further define the-types and quantities of wastes that, on a national basis, would regire disposal at low-level waste disposal sites. Thus we believe that the adoption of the BRC policy at this time will reduce uncertainty in the process of establishing new low-level waste disposal capacity. Finally, the nuclear industry has already
{
significantly reduced the total volume of ~ class A low-level waste through compaction and other waste reduction techniques. Such advances in volume reduction technology have the potential to substantially reduce the volume of i
low-level waste independent of any BRC waste exemptions. While the volume of wastes could be reduced further as.a result of future BRC' waste exemptions, States or Compacts have the option to set their disposal fees based on i
l activity, risk, or some other criteria and thereby, provide for the continued economic viability of disposal facilities., We are aware that a number of States are now considering such approaches.
The Connission carefully considered these and other issues prior to issuing our BRC Policy Statement and continues to believe that implementation of the BRC policy will cdequately protect the public health and safety and the environ-ment.
I hope our comments will help resolve your concerns about the objectives and potential impact of our Policy Statement.
1 Sincerely, Fo J. Remick ting Chairman
Enclosures:
1.
BRC policy Statement i
2.
BRC Explanatory Booklet i