ML20059L848
| ML20059L848 | |
| Person / Time | |
|---|---|
| Issue date: | 10/14/1993 |
| From: | Deplaque E NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9311170446 | |
| Download: ML20059L848 (2) | |
Text
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NOTATION V0TE
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RESPONSE SNEET
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SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM:
COMMISSIONER DE PLANQUE
SUBJECT:
SECY-93-249 - PROPOSED RULE: URANIUM MILL TAILINGS REGULATIONS; CONFORMING NRC i
REQUIREMENTS TO EPA STANDARDS J
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APPROVED x (w/ comments) DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION COMMENTS:
Whether this proposed rule is categorized as a Division 2 matter of compatibility appears to be irrelevant to the State of Illinois' special case since it does not regard uranium mill l
tailings.
It is rather Section 274o that enables Illinois to enact alternative requirements to NRC's current Appendix A of 10 i
CFR Part 40.
See attached edits for clarification on this matter as well as a reordering of the sentences in the response to the State of Illinois' comment (pages 14 and 15 of Enclosure 2).
j Further, it is my understanding that in NRC's proposed rule the staff will 1) make clear NRC's interpretation of any ambiguous
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provisions of EPA's final rule, and 2) include a notification in the Statement of Consideration that NRC does not view EPA's rule, a
j which includes prescriptive implementation requirements, as establishing any precedent with regard to what constitutes a generally applicable environmental standard.
9311170446 931014 Mfh PDR COMMS NRCC coaaesPoncenCe enn SIGNATURE RELEASE VOTE
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october 14, 1993 i
DATE WITHHOLD VOTE
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ENTERED ON "AS" YES NO vv W,
s 170012 1
i Resnonse. This proposed rule is intended to conform to proposed revisions to 40 CFR part 192, i
subpart D which only applies to uranium mill tailings, and does not extend to thorium mill tailings. Not extending the additional verification requirements of this proposed rule to thorium byproduct materials does not discount the environmental and radiation and health and safety considerations related to radon releases from thorium byproduct material. In the case of either uranium or thorium byproduct material disposal, the NRC considers the design standard of existing Criterion 6 (paragraph (1) in proposed text) to be of primary importance in the control of radon releases from closed tailings impoundments. The need for a radon cover meeting the design l
requirements is determined by concentrations of decay products of both uranium and thorium (existing provision appearing at paragraph (6) of the proposed text of Criterion 6). The NRC does j
not consider it necessary or appropriate to require radon measurement generic ally for closed i
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thorium mill tailings impoundmtats. The facility of concern to this State is unique in that the waste is thorium tailings with significant concentrations of radium-226. U>ader the provisions of section 274o of the Atomic Energy Act. the State may add further requirements in this case to address this unique situation.
A few minor clarifications were also made as a result of State comments.
issue of Compatibility with Agreement S.ates The Commission proposes these changes as Division 2 matters of compatibility. Under Division 2, States must adopt the provisions of an NR.C rule, but can adopt more stringeret provisions. It cannot adopt less stringent ones. This designation (Division 2) is compatible with section 274o of the Atomic Energy Act (AEA). [ Delete remainder of paragranh.]
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