ML20059F924
| ML20059F924 | |
| Person / Time | |
|---|---|
| Issue date: | 08/08/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Gingrich N HOUSE OF REP. |
| Shared Package | |
| ML20059F927 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9009120061 | |
| Download: ML20059F924 (4) | |
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UNITED STATES.
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' August 8, 1990 The Honorable Newt Gingrich l
United States House of Representatives Washington, DC 20515
Dear Congressman Gingrich:
I am responding to your letter of June 8,1990,'in which ja requested consideration of issues raised by several of your constituents. The-concerns relate to the disposal of low-level radioactive waste (LLW) which could be Gtegoriked as below regulatory concern or BRC.
As you may be aware, on July 3,1990, the Commission issued a Below Regulatory Concern Policy Statement.
I have enclosed a copy of this ' statement and an explanatory booklet for your information (Enclosures 1 and 2).
I would point out that the )olicy is not self-executing and does not, by itself, deregulate any LLW. Ratler, the policy states the principles and criteria that.would apply to Comission decisions which would allow licensed radioactive material to be released to the environment or to the general public. Any specific exemption decision would be accomplished through rulemaking or licensing actions during which opportuinity for public comment would be provided in those situations where generic exemption provisions have not already.been established.
Furthermore, the policy has implications beyond waste disposals in that it would also provide the basis for decomissioni* decisions' involving.the release of lands, structures, or recycled matet sels fm inrestricted use as well as decisions regarding consumer product.exemptivhs. Ary of these decisions would include record keeping require.aents. and the poss% City of. Other appropriate controls or constra*.s against <hich inspections, com;liance determinations and eni ecement actions coulo a taken.
This policy can be considered an outgrowth of the concepts articulated in the Low-levelRadioactiveWastePolicyAmendmentsActof1985(Pub.L.~99-240).
That Act (i.e., Section 10) directed the Nuclear Regulatory'Comission (NRC) to
"..-establish standards and procedures... and develop the technical-capability i
for considering and acting upon petitions to exempt' specific radioactive' waste streams from regulation... due to the presence of radionuclides in such waste 1
streams in sufficiently low concentrations or quantities as to be below regulatory concern."
In response to the legislation, NRC develo)ed and published-in 1986 a Statement of Policy and Procedures which outlines t1e criteria for considering
'such petitions.
I have enclosed a copy of that statement-which you may find informative (Enclosure 3).
I believe our recently issued broad policy statement reflects much of the basic radiation protection framework described in this earlier Comission policy. The Comission, in both actirns, has acted in the belief that the nation's best interests would be served by policies that establish a consistent risk framework within which exemption decisions can be made with L
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i The' Honorable Newt Gingrich 2
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assurance that human health and the environm nt are protected.
In this regard, we believe our actions are consistent with those of other Federal agencies; i
e.g., the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA), who have formulated or ere attempting to forinulate similar i
policies for the hazardous materials they. regulate.
I also believe our policy will contribute to the focusing of our radiation protection resources on those l
risks with greatest potential impact on public health and safety.
We do not consider the BRC policy to be in opposition to either the Clean-i Air or Safe Drinking Water Acts. While the critoria in NRC's BRC policy and EPA's radionuclide air emission standards are numerically similar, their purposes are different.
The BRC policy's individual dose criterion, combined with the collective dose criterion and other policy conditions and constraints,-
i provide the bases for exempting a practice from the, full scope of regulatory controls. As a result, the analyses to support exemptbn decisions under the BRC policy must take account all significant pathways through which d
exempt material can 1 ct with man.
In contrast, EPA's Clean Air Act standard sets a maxir evel fo
~ dionuclides in airborne emissions from specific classes of e.ussion sources. Other pathways of exposure, such as direct radiation or radionuclides in water, are not considered. The Safe Drinking Water Act (SDWA), on the other hand, has resulted in the definition of specified maximum contaminant levels and a dose level above which water supply operators are required to treat drinking water supplies.
These levels also do not take into account pathways such as direct radiation or airborne radionuclides. When considered in its entirety, any practice exempted through the provisions of the 3RC policy is not likely to cause exposures which would approach these SDWA dose or contamination levels.
Finally, I would emphasize that BRC decisions will not cause "... all kinds of radioactive diseases and destruction...."
In fact, any potential exposure associated with an exemption decision would be only a small fraction of the exposure we all receive from natural background radiation. These exposures occur from radiation that is natural in origin as well as-from sources which' l
involve man-made uses of radioactive material.
In total, as estimated by the National Council on Radiation Protection and Measurements (NCRP Ho. 93), the effective dose equivalent received by an everage 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 I
and its decay products, while medical exposures such as x-rays, when averaged over the U.S. population, contribute an estimated 15 percent (53 millirem per l
year). Other man-made sources, including nuclear fallout, contribute the remaining 1 to 2 percent of the totti exposure.
The remaining 1.to 2 percent also includes the contribution from nuclear power plant effluents.
I am i
presenting this total exposure " picture" to provide a perspective on the hypothetical risks which may be associated with potential BRC waste disposal i
l practices. This perspective is one of several that the Commission believes are relevant to its decisions involving regulatory resource allocations to-control the potential radiological risks associated with the=use of radicactive materials.
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-The Honorable Newt Gingrich 3
In closing, I want.to assure you that we take our mandate to protect the r
health and safety. of.the public very seriously.
I hope sqy responses to your -
constituents' concerns have enhanced the dialogue or, this technically complex and controversial. issue.
Sincerely, J
r g,
xecutive Di1 tor for Operations
Enclosures:
1.
BRC Policy Statement l
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BRC Explanatory Booklet-l 3.
1986 Statement of Policy 1
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CONGRESSIONAL CORRESPONDENCE SYSTEM DOCUMENT PREPARATION CHECKLIST L
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1.
BRIEF DESCRIPTION OF DOCUMENT (S)
/orrespon'dence '
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Bearings (Qs/As) 3.
TYPE OF ~ DOCUMENT 3.
DOCUMENT CONTROL Sensitive (NRC Caly)
M on-Sensitive 4.
CONGRESSIONAL COMMITTEE and SUSCOMMITTEE8 (if applicable)
Congressional Committee A%committea 5.
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SOURCE OF DOCUMENTS (a) 552G (document name (b) an..
(c)
Attachmente (d)
Rekey (e)
Other 7.
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Date CCS receives document y
(c)
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(e)
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COR'4r;NTS
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