ML20059N651
| ML20059N651 | |
| Person / Time | |
|---|---|
| Issue date: | 09/12/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Dodd C SENATE |
| Shared Package | |
| ML20059N652 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 CCS, NUDOCS 9010170086 | |
| Download: ML20059N651 (2) | |
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I UNITED STATES -.
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~h-NUCLEAR REGULATORY COMMISSION lt j
WASHINGTON, D, C. 20555
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September 12, 1990 l
3 The Honorable Christopher L Dodd
'f United States Senate Washington, D.C.
20510
Dear Senator Dodd:
I am responding.to your August 2, 1990, letter in which you asked us to address-
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the concerns of your constituent, Mr. Richard H. Goodwin. Mr. Goodwin expressed q
- his distress over the development:of, a Nuclear Regulatory Commission. policy which could be used to classify certain low-level radioactive waste (LLW) as below.
i regulatory concern 'or BRC. -
As you may be aware,: on July 3,1990, the Commission issued a-Below Regulatory d
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 -
.t in responding to Mr. Goodwin. The statement identifies the principles and criteria that will govern Commission decisions'to exempt certain radioactive material-from-1 the full' scope of'regul6 tory controls. Thus the policy could apply,. but would not be limited, to potential:BRC waste determinations.
I would emphasize that-the; policy is at self-executing and!does not, by itself, deregulate any LLW..Any
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specific earption decisio'ns would;be accomplished through rulemaking or' licensing actions during which '.aportunity for public coment would be provided in,those =
rituations wherc gmeric exemption provisions-have not already been established.
4 The policy can'be considered an-outgrowth of the concepts articulatednin the L
Low-Level Radioactive Waste Policy Amendments Act of 1985 (Pub.,L.99-240).-cThat 1.
l-Act ( ~ r., Section 10)' directed 'the"NRC to " establish standards and' procedures...
I L-and 3 val.,p theLtechnical capability for:considering and acting-upon petitions to l
exempt specific radioactive. waste streams from regulation...due toithe presence of i
radionuclides in such waste streamscin sufficiently low concentrations"or quan-C L
tities-as to be below regulatory concern."
In response to the legislation, NRC.
'l developed and published in-1986 a Statement of Policy and Procedures which outlines i
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the criteria for considering such pntitions. Our recently(e.g.ued broad policy-l' statement, which hassimp11 cations beyond waste disposals
, applicable to or structures)g decis_ ions; involving.the release'of residua 11y-contaminated'1 an decommissionin in this-earlier Comission' policy. The Commi.ssion,;in both; actions, has acted in-1 the belief that the nation's.best; interests are served-by policies that establish
.i a consistent risk framework within~which exemption decisions 1can be made with.
i assurance that human 1 health-and the environment are protected.
In this regard, p
we:believe our. actions a're. consistent with those of other Federal agencies; e.g.,
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'the EnvironmentalfProt'ection Agency (EPA) Land the Food and Drug Administration.
(FDA), who'have formulated or are attempting to formulate similar-policies for the hazardous materials they regulate.-
InrespondingtoMr.Go$dwin'sconcernwiththedifficultyinmonitoringthe disposal of deregulated radioactive waste and enforcing standards for radiation a
exposure, I' can assure you that any low-level waste that would be to g
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S 9010170086 900912 PDR ORG NE ED PDC 49_
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Horiorable Christopher J. Dodd '
for BRC classification would involve only' materials withithe lowest-levels of
- radioactive content.
These= levels are generally so low.that' they -are difficult to distinguish from naturally-occurring background radiation. That is, any increase in radioactivity would be comparable to natural variations in background
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radiation. On the matter of enforcement,' I would point out that' prior to granting i
an exemption for a given practice, the NRC will conduct a thorough technical review and will establish the necessary conditions, constraints, or requirements-to. assure,
that the practice continues to meet the principles and criteria of the policy -
stateent.
If an exemption is granted, a licensed activity producing an exempt material will continue to be subject to the full range-of-regulatory, oversight, m
inspection, and enforcement actions up to and including the point of transfer to exempt status.-
Mr. Goodwin's concern regarding the potential health and environmental risks from low-level radiation would seem to be based on a report of recent estimates.by the National Research Council's Committee on the Biological Effects of Ionizing Radiation'(BEIR) and perhaps also thel estimates recently(made.by)the United N Scientific Committee on the Effects of. Atomic-Radiation UNSCEAR.
For the purpose of prudently establishing exposure limits for occupational workers-and the:public,
' international and national regulatory bodies,> including EPA and NRC, have used the health effects information from various scientific committees, including UNSCEAR -
-and BEIR to estimate risks at low doses and dose rates based on' extrapolations from the risk estimates applicable. to the Japanese atomic. bomb: survivors.
We'have used this:most recent information in the formulation of the BRC'polic It should be noted, however, that the recently-issued BEIR V report, entitled "y.Health' Effects 3
of Exposures to Low Levels of Ionizing Radiation," states that the possibility cannot be ruled out that there ma be no risks from exposures; comparable to external natural background radia ion.
l In closing, I can assure you that we take our mandate to protect the health and L
safety of the public very seriously.
As a result, we will. continue to do our best 0
in carefully and clearly responding:to the issues and questions raised by l<
Mr. Goodwin and other concerned citizens.
1.
L Sincerely,
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.Tay[
N' imes xecutive Difector y
for. Operations
Enclosures:
1.
BRC Policy Statement l,
2.
BRC Explanatory Booklet l'
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