ML20059F615
| ML20059F615 | |
| Person / Time | |
|---|---|
| Issue date: | 08/16/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Matthew Mcconnell SENATE |
| Shared Package | |
| ML20059F617 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9009110273 | |
| Download: ML20059F615 (3) | |
Text
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~ NUCLEAR REGULATORY COMMISSION 5
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August 16, 1990 The Honorable Mitch McConnell United States-Senate Washington, DC 20510
Dear Senator McConnell:
I am responding to your July 18, 1990, letter in which you requested our consideration of issues raised by your constituent, Mrs. Penny Sanders.
Mrs. Sanders' concerns pertain to the potential classification of certain low-level-radioactive waste (LLW) into a category described as below regulatory concern or BRC..
On July 3,1990, the Commission issued a Below Regulatory Concern Policy Statement.
I have enclosed a copy of this statement together with a companion explanatory booklet (Enclosures 1 and 2) for your information and use in responding to Mrs.-Sanders. The statement identifies the principles and criteria that will govern Commission decisions to exempt certain radioactive material from the full scope of regulatory controls. Thus the policy could apply, but would not be limited, to potential BRC waste determinations.
I would emphasize that the policy is not self-executing and does not, by itself, dereg'.:' ate any LLW. Any specific exemption decisions would be accomplished through rulemaking or licensing actions during which opportunity for public comment would be provided in those situations where generic exemption pro' Mions have not already been established.
I believe the' application of our policy to potential LLW disposal exemptions-is consistent with Section 10 of the Low-level Radioactive Waste Policy. Amendments Actof1905(Pub.L.99-240). The Act directed the Nuclear Regulatory Commission (NRC) to "... establish standards and procedures... and develop the technical capability for considering cnd acting upon petitions to exempt specific radioactive waste streams from regulation... due to the presence of radionuclides in such -
waste strears in sufficiently low concentrations or quantities as to be below regulatcry concern." Under the provisiuns of the'BRC policy, 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 radioactivity content.
In. fact, the level of radioactivity may be such a small fraction of natural y
background radiation that it may not be readily detectable.
Furthermore, any potential implementing action allowing BRC waste disposals from NRC licensed
- facilities would include recordkeeping and the possibility of other appropriate contcols or constraints against which inspection, compliance determinations'and enforcement actions could be taken.
The Comission, in issuing the BRC policy, has acted in the belief that the nation's best interests are served by policies that establish a consistent risk framework within which exemption decisions can be made with assurance that human health and the environment are protected.
In this regard, our actions j
r as73 Mo n6 E W ASM S W Ow Ar
The Honorable Mitch McConnell 2
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.
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 :entinue to do our best in carefully and clearly responding to the issues and questions raised by Mrs. Sanders and other concerned citizens.
Sincerely,
/
r:
V r'
i xecut ' -re rector for l serations
Enclosures:
- 1. BRC Policy Statement
- 2. BRC Explanatory Booklet
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