ML20059F415
| ML20059F415 | |
| Person / Time | |
|---|---|
| Issue date: | 08/20/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Lugar R SENATE |
| Shared Package | |
| ML20059F419 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9009110207 | |
| Download: ML20059F415 (3) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 205b6
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August 20, 1990 The Honorable Richard G. Lugar United States Senate Washington, D.C.
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Dear Senator Lugar:
I am responding to yor July 19, 1990 letter in which you requested our consideratior of issues raised by your constituent Ms. Charlotte J. Read.
Ms. Read's cucerns are directed at the Comission,s recen'ly issued Below Regulatory Concern (BRC) Policy Statement and, specifica11,r the potential disposal or recycle of certain low-level radioactive waste (LLW) which could be permitted under policy provisions.
You may recall that the development of this policy was the subject of my previous letter to you dated April 19, 1990.
On July 3,1990, the Comission issued the aforementioned policy statement.
I-have enclosed two cop (Enclosures 1 and 2) for your information and use in ies of both the policy statement and a companion explanatory booklet responding to your constituent. The statement identifies the principles and criteria that will govern Comission decisions to exempt certain radioactive material from the full scope of regulatory controls. Thus the policy could nply, but would not be limited, to potential BRC waste determinations.
I
.iould emphasize that the policy is not self-executing and does not, by itself, dere aulate any LLW. Any specific exemption decisions tould be accomplished
- through rulemaking or licensing actions during which opportunity for public coment would be provided in those situations where generic exemption provisions have not alrea(y been established.
I believe the application of our policy to potential JW d"cosal exemptions is consistent with Section 10 of the Low-twel Radioactive Wa a Policy Amendments Actof1985(Pub.L.99-240). The Act directed the Nuc ear Regulatory Comission (NRC) to "... establish standards and proted ree,... and develop the technical capability for considersng'and acting upon pe.itions to exempt specific radioactive waste streams from regulation... due to the presence of radionuclides in such waste streams in sufficier<tly low concentrations or quantities as to be below regulatory concern.'
In response to the.legisistion, the NRC develo
'and published in 1986 the Statement of Policy and Mr.cebres (Enclo9ure 3) ped referred to.in iny previous letter, which outiinos The criteHa far considering such petitions.
I think you wil' find our broad slicy statement reflects much of the basic radiction protection approach descriaed in this earlie.r policy.
Under the provisions of either poHey, I can assure you that any low-level waste that could be considered for BRC classification would involve only materials with the lowest _ levels of radicactivity content.
In fact, the level of radioactivity may be such a sma'il fraction of natural background radiation that it may not be readily detectable.
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The Honorable Richard Lugar 2
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The Comission, in issuing both of these policies, has acted in the belief that the nation's best interests are served by policies that establish a consistent risk framework within w.,1ch exemption decisions can be made with assurance that human health and the environment are protected.
in this regard, our actions are in concert with those of other Federal agencies; e.g., the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA), who have formulated or are attempting to formulate similar policies for the hazardous material they regulate, i
Ms. Read's concern regarding the potential health and environmental risks from low-level radiation may be based, in part, on reports of the estimates recently made by the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR) and the National Research Council's Committee on the Biological Effects of Ionizing Radiation (BEIR).
For the purpose of prudently establishing exposure limits for occupational workers and the public, international and national regulatory bodies, including EPA and NRC, have used the health effects information from various scientific committees, including UNSCEAR and BEIR, to estimate risks at low doses and dose rates based on extrapolations from the risk estimates applicable to the Japanese atomic bomb survivors. We have used this most recent information in the formulation of the BRC policy.
In responding to Ms. Read's concern regarding recycling, the Commission would assess potential public exposures from BRC waste disposals, including those that could result from any recycling.
The exposure estimates would be compared with the BRC policy's individual and collective dose criteria.
In certain cases where doses approach the policy criteria or where uncertainties i
in dose estimates are suf M ently important, appropriate etnstraints to minimize the potential-for recycle could be intorporated into the ex mption decision.
i These constraints, together with others deemed to be appro"riate, would be imposed on our licensees and would be subject to the CommO.sion's inspection and enforcement program.
In closing, I can assure you that we take our mandate to protect the health and safety of the public very seriously. As a result, we will continue to do i
our best in carefully and clearly responding to the issues and questions raised by Ms. Read and other concerned citizens.
l Sincerely, i
es M. Ta r
xecutive D rector for Operations
Enclosures:
DRC Policy Statement (2)(2) t 1.
BRC-Explanatory Booklet 2.
3.
1986 Statement of Policy and Procedures
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