ML20059G120
| ML20059G120 | |
| Person / Time | |
|---|---|
| Issue date: | 08/08/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Levin C SENATE |
| Shared Package | |
| ML20059G123 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9009120137 | |
| Download: ML20059G120 (3) | |
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UNITED STATES g
E, NUCLEAR REGULATORY COMMISSION.
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i WASHINGTONiD. C. 20666
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August 8,.1990 f
The Honorable Carl Levin United States Senate Washington','D.C. 20510 i
Dear Senator Levin:
]
I 'am responding to your letter of June,18,1990, in which you asked us to address the concerns of your' constituent, Ms. Dorothy Wolf. Ms. Wolf's
' concerns:are directed at the disposal of low-level radioactive wastes (LLW)-
$l and, in particular, that waste which may be classified as below regulatory:
-concern or BRC.
In my letter of November 14, 1989, I discussed Commission:
policy development activities directed;at defining the principles and criteria that would govern _Comission decisions related to the exemption of radioactive materials frem the. full scope of regulatory controls, including those directed 1
at BRC waste oisposals. As you may be-aware, the ' Commission on July 3,1990, issued its Below Regulatory Concern-Policy Statement.. I have enclosed a copy of this policy'(Enclosure 1) and a companion explanatory booklet-(Enclosure 2) which you may fino useful in responding to your constituent.
I would point out that the policy is not self-executing.and dces not, by itself, deregulate 4
any LLW. Any specific exemption decision would be accomplished through rulemaking or licensing actions during which opportunity for public comment would be provided in those situations where generic exemption provisions.have not already been established.
1 I believe that Ms. Wolf and others are incorrect in' describing-our BRC'as nothing more than " linguistic detoxification." Rather; our-policy embraces R
-the same concept as that expressed in Section 10 of the Low-Level Radioactive Waste Policy Amendments Act of 1985-(Pub' L.99-240). The Act states that waste streams may'be exempted from regulation "...due to the presence of radionuclides in such waste streams in sufficiently low c'oncentrations or quantities to be below' regulatory concern," and where "... regulation...is not necessary to protect the public health and safety...."
The Commission believes that the principles and criteria expressed in its BRC Policy Statement provide the bases for granting exemptions under the concept articulated in the Act.
Finally, on the issue of defining risks which should not require the full range of regulatory controls,_ I would suggest that our policy is in general concert with actions of other Federal agencies (e.g., the Environmental Protection Agency and the Food and Drug Administration). These agencies are 4
also faced with similar exemption decisions which impact on the proper allocation of their regulatory resources-to control the hazardous material under their purview.
FULL TEXT ASCil SCAN
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. The H'onorable Carl Levin.
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l I hope these views-and the. enclosed information will prove useful'in responding-t
. to your constituent and in responsibly expanding the dialogue on this: controversial L
and-technically complex issue.-
' t Sincerely,-
J-D. g
(
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ecutive Director a
'- for.0perations
Enclosures:
1.
BRC Policy Statement--
2.
'BRC Explanatory Booklet-7
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