ML20059G415
| ML20059G415 | |
| Person / Time | |
|---|---|
| Issue date: | 08/29/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Machtley R HOUSE OF REP. |
| Shared Package | |
| ML20059G418 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9009120298 | |
| Download: ML20059G415 (4) | |
Text
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WASHINGTON, D. C. 20555 k.4,[
August 29, 1990 CHAIRMAN i
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The Honorable Ron Machtley i
United States House of Representatives Washington, D.C.-
20515 l
Dear Congressman Machtley:
I am responding to your July 18, 1990 letter in which you expressed your j
concern regarding the classification of certain low-level radioactive wastes o
(LLW) as below regulatory concern or BRC.~ As you may be aware, the Commission issued a Below Regulatory Concern Policy Statement on ~ June 27, 1990. 'I have enclosed a copy of this statement together with an explanatory booklet for.your:
information (Enclosures 1 and 2).
The policy is not self-implementing and does not, by~ itself, allow any licensee to dispose of radioactive wastes in -landfills or other unlicensed. facilities, j
Rather, the policy sets-forth the principles and critoria that would apply to Consnission decisions which could exempt small quantities of radioactive material from the more comprehensive regulations that-are imposed lon more hazardous material. Any specific exemption decision will be accomplished through rulemaking or licensing actions, which may impose regulatory conditions for release as exempted material. Opportunity for public comment will be provided with each rulemaking and each licensing. action where generic exemption provisions have not already been established.
l This policy is a direct outgrowth of concepts articulated:in the Low-Level l
Radioactive Waste Policy Amendments Act of 1985 (Pub 'L.99-240). Section 10 of that Act directed the Nuclear. Regulatory Consnission (NRC) to "... establish standards and procedures... and develop the technical capability for.
considering and acting upon petitions to exempt specific radioactive waste stream frce regulation... due to the presence of radionuclides in such waste streams in sufficiently low concentrations or quantities as to be below regulatory concern."
In response to the legislation, the NRC develo published in 1986 a Statement of Policy and Procedures (Enclosure'3) ped and which outlines the criteria for considering such petitions.
Our recently issued BRC policy statement builds upon this earlier policy to provide a more comprehensive framework for making exemption decisions. The
)olicy has applications beyond waste disposaltin that it would also provide the
) asis for deconsnissioning decisions involving the cleanup and release of lands.
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FUl.L TEXT ASCll SCAN CORRESPONDENCE PDC.
.TheSonorableRonMachtley 2
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1 and structures for unrestricted use, as well as decisions regarding consumer
)roduct exemptions.
In issuing these two BRC policy statements, the Comission las acted in the belief that the Nation's interests are best served when exemption decisions are made on a uniform basis which ensures that human health and the environment are protected.
In this regard, our actions are consistent with those of other Federal agencies, such as 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.
Our BRC policy is based on the best available scientific information.. I can assure you that future exemption decisions will be based on risk estimates consistent with the most recent recomendations of national and international-scientific bodies of experts, such as the United Nations Scientific Comittee on the Effects of Atomic Radiation (UNSCEAR) and the National Research Council's Comittee on the Biological Effects of Ionizing Radiation (BEIR).
The BEIR Comittee has recently issued a report, " Health Effects of Exposures to low-levels of Ionizing Radiation," comonly referred to as the BEIR V report. Risk estimates in this report were based primarily on the data from the high doses and dose rates associated with exposures of the Japanese-atomic-bomb survivors (e.g., 10's to 100's of Rems in a matter of minutes),
s The potential exposure levels which may be associated with BRC waste disposals are thousands of times smaller than those received by-the bomb survivors and, in fact, would only represent a small fraction of natural background exposures.
On this issue, the BEIR V report states that the possibility cannot be ruled out that there may be no risks from exposures comparable to external natural background radiation.
For the purpose of establishing conservative exposure limits for occupational workers and the public, however, international and national regulatory bodies, including EPA and NRC, have extrapolated the health effects information from bomb survivors to low doses and dose rates.
The Comission used this approach and the BEIR V information in the formulation of its BRC policy. The risk estimates that support the BRC policy are intentionally conservative to ensure proper protection of public health.
In responding to your concern regarding recycling, the Comission would assess all potential public exposures from BRC waste disposals, including those that could result from any recycling.
The NRC will continue to analyze and-scrutinize each proposed exemption to ensure that any radiation doses will be extremely low.
In approving an exemption with the potential for public exposure via recycling, the Comission would impose appropriate constraints to
6 The konorable Ron Machtley 3
ensure continued protection of public health and safety and the environment.
The NRC will regulate, inspect, and enforce production of exempt material up to and including the point of exemption.
The Commission also intends to periodically evaluate the effectiveness of this policy.
The Commission carefully censidered these and other issues prior to issuing our BRC Policy Statement and continues to believe that the implementation of the BRC policy will adequately protect the public health and safety and the environment.
I hope our coments will help resolve your concerns about the objectives and potential impact of our policy statement.
Sincerely, L.L Kenneth M. Carr 1
Enclosures:
1.
BRC Policy Statement 2.
BRC Explanatory Booklet 3.
BRC Waste Policy (1986) t
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