ML20127H001
| ML20127H001 | |
| Person / Time | |
|---|---|
| Issue date: | 05/25/1983 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Ottinger R HOUSE OF REP., ENERGY & COMMERCE |
| Shared Package | |
| ML20127A611 | List: |
| References | |
| FOIA-84-709 NUDOCS 8506260174 | |
| Download: ML20127H001 (5) | |
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GAY 2 5 1953 406.3.6/KSD/83/05/23 The Honorable Richard L. Ottinger, Chairman Subcomittee on. Energy Conserva~ tion and Power Comittee on Energy and Commerce
,. United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Comission (NRC) is planning to publish a proposed action suspending portions of the Comission's rules for licensing uranium mills and disposal of mill tailings and waste.
The NRC Authorization Act for FY 1983 (Public Law 97-415 signed January 4,
.- 1983) contained a provision requiring NRC review and possible suspension of certain portions of the Comission's uranium mill tailings regulations.
Specifically, the Act amended the Uranium Mill Tailings Radiation Control Actof1978.(UMTRCA)toadd:
"(2) Following the proposal by the Administrator of standards under subsection b., the Commission shall review the October 3 regulations, and, not later than 90 days after the date of such proposal, suspend implementation and enforcement of any provision
. of such regulations which the Comission determines after notice and, opportunity for public comment to require a major action or major comitment by licensees which would be unnecessary if--
"(A) the standards proposed by the Administrator are promulgated in final form without mo'dification, and *
"(B) ' the Comission's requirements are modified to conform to
, such standards.
'Such suspension shall terminate on the earlier of April 1, 1984 or the date on which the Comission amends .the October.3 regulations to conform to final standards promulgated by the Administrator under subsection b. During the period of such suspension, the Comission shall continue to regulate byproduct material' (as definedinSection11e.(2))underthisActonalicensee-by-licensee basis as.the Comission deems necessary to, protect public health, safety, and the environment."
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The proposed standards referenced in the Act are general. environmental standards for mill tailings management and disposal to b'e..iss.ued by the Environmental Protection Agency (EPA) under Title II of UMTRCA. The EPA published proposed standards on April 29, 1983 (48 FR 19584). The October 3 NRC Regulations referenced in the Act are contained in Appendix A of 10 CFR Part 40, " Domestic Licensing of Source Material."
The staff has reviewed the provisions of Appendix A against the
, statutory mandate to suspend portions of the regulations that would require unnecessary major action or major commitments by licensees. A copy of the Federal Register Notice detailing the results of that review and proposed suspensions is enclosed for your information. The notice is being sent to the Office of the Federal Register for publication. A copy of a public announcement to be released by the NRC on this matter is also enclosed.
Sincerely,
, (Sisned) John G. Davis John G. Davis, Director Office of Nuclear Material
% Safety and Safegbards
Enclosures:
- 1. Federal Register Notice
- 2. Public Announcement , ,,
cc: Rep. Carlos Moorhead c
1 Identical letters sent to those on attached list.
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4 Identical letters sent to: ,
The Honorable Alan Simpson, Chairman The Honorable Lyle Williams Subcommittee on Nuclear Regulation Subconnittee 50n Environment, Committee'on Environment and Public Works Energy and Natural Resources United States Senate' Committee on Government Washington, DC 20510 Operations-
! - U.S. House of Representatives i The Honorable Gary Hart Washington, DC 20515
~ ~ Subcommittee on Nuclear Regulation i
Committee on Environment and Public Works The Honorable Samuel Stratton, United States Senate Chairman Washington, DC 20510 Subcommittee on Procurement and Military Nuclear Systems
- Committee on Armed Services The Honorable Morris K. Udall, Chairman U.S. House of Representatives Subcommittee on Energy and the Environment Washington, DC 20515 Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515 The Honorable Manuel Lujan Subcommittbe on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515 The Honorable Carlos Moorhead *
.. Subcommittee on Energy Conservation and Po'wer Committee on Ene.rgy and Commerce United States House of Representatives Washington, DC 20515 The Honorable Mike Synar, Chairman Subcommittee on Environment, Energy and Natural Resources Committee on Government Operations United States House of Representatives Washington, DC 20515 -
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[g/j g p..e,w NUCLEAR REGULATORY COMMISSION Office of Public Affairs Washington, D.C. 20555 No. 83-86 FOR IMMEDIATE RELEASE Tel. 301/492-7715 .(Thursday, May 26, 1983)
NRC PROPOSES TO SUSPEND PORTIONS OF
! o URANIUM MILL TAILINGS REGULATIONS The Nuclear Regulatory Commission is proposing to suspend portions of its regulations on uranium mill tailings to comply with a Congressional directive requiring suspension of the implementation or enforcement of requirements that would be unnecessary if standards recently proposed by the Environmental Protection Agency are adopted in final form.
In the NRC's Authorization Act for Fiscal Year 1983 (Public Law 97-415), Congress amended the Uranium Mill Tailings Radiation Control Act of 1978 to require that, when the EPA publishes proposed general environmental standards for mill tailings management and disposal, the NRC must review its uranium milling requirements issued on October 3, 1980.. Within 90 days of the' EPA proposal, the NRC must suspend any orovisions of its October 3 regulations that would requne a major action by licensees but would be unnecessary if the standards proposed by EPA are published in final form without modification and the NRC's require-ments are changed to conform.
Under the Authorization Act, the NRC's suspension of the regulations is to end on April 1, 1984, or the date on which the Commission amends its October 3 regulations to conform to final EPA standards, whichever is earlier.
Since December 4, 1981, th~e NRC has been embargoed by
' law from spending any appropriated funds for implementation or enforcement of the October 3 regulations. Thus, under present'C~ongressional constraints, the suspension would not directly impact any' Commission licensee. Each licensee is regulated on a case-by-case basis through individual license y\ conditions. .
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No. 83-86 The proposed EPA general environmental standards were published on April 29, 1983. After reviewing these against the NRC's October 3 requirements, which are contained in Appendix A to Part 40 of the Commission's regulations, the Commission believes the portions of its rules that should be suspended include:
~ (1) A technical criterion stating that the " prime option" for disposal of tailings is placement below grade, either in mines or specially excavated pits. Suspension of this criterion would provide the licensee with more flexi-bility to consider alternative methods consistent with the proposed EPA standards.
(2) A broad objective that the disposal program isolate tailings from the environment during operations and for " thousands of years thereafter without ongoing active maintenance." In contrast, EPA's proposed standards say that the cover over the tailings should be effective for one thousand years and that the need for maintenance should be
" minimized," not totally eliminated.
(3) A requirement to reduce saepage of toxic materials into groundwater "to the maximum extent reasonably achievable."
The groundwater pro.tection standards in the EPA proposal do not pe'rmit any seepage to groundwater whatsoever.
(4) A criterion that not less than three meters of earth cover must be placed over the tailings. The EPA proposed standard does not stipulate a mimimum cover, but rather a longevity period for wha.tever cover is~ applied.
(5) A criterion that radon releases to air be limited to 2 picocuries per square meter per second. The EPA standard stipulates a 20 picocuries per square meter radon release limit.
' A complete listing of the portions of the regulations proposed to be suspended is contained in a Federal Register notice published on May 26, 1983.
Interested persons are invited to submit written comments on the proposed suspension to the Secretary, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and S'ervice Branch, by June 27, 1983.
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