ML20129B324

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Informs That Revised Policy Statement on Mill Tailings Regulation Unacceptable.Nrc Interpretation of Law Accurate
ML20129B324
Person / Time
Issue date: 08/06/1984
From: Asselstine J
NRC COMMISSION (OCM)
To: Palladino
NRC COMMISSION (OCM)
Shared Package
ML20129B225 List:
References
FOIA-84-709 NUDOCS 8506050189
Download: ML20129B324 (1)


Text

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/ a8e\o f *t, UNITED STATES NUCLEAR REGULATORY COMMISSION h g WASHIN GTON, D.C. 20555 E $lLilo

%*****+ 9M OFFICE OF THE WH BOCKET CONTR8L CENTER ~N COMMISSloNER August 6, 1984

'84 AUG ~7 P3;33 (p P MEMORANDUM FOR: Chairman Palladino FROM:

James K. Asselstineso p ggA

SUBJECT:

YOUR REVISED MILL TAILINGS IMPLEMENTATION AND ENFORCEMENT POLICY .

I have reviewed the August 3, 1984 revised mill tailings implementation and enforcement policy that you requested. I continue to believe that it is inappropriate to request comments on our legal interpretation of the meaning and intent of the Uranium Mill Tailings Radiation Control Act (UMTRCA) - an interpretation endorsed by both of the NRC's legal offices. Moreover, I continue to have serious. difficulties with the Commission's efforts to rescind a final Commission action based upon political pressure from the staff of one of our Oversight Committees. The draft memorandum circulated by you last week confirms that this is-the basis for the Commission's direction to request the return of the two proposed rules after they had been submitted to the Federal Register.

Finally, your revised policy statement is unacceptable to me because it goes far beyond simply requesting public comment on our interpretation of the statute. It weakens that interpretation and postpones NRC enforcement of the EPA standard. If you are going to request public comment, I strongly recommend that you simply publish the policy statement that the Commission had previously agreed to with the addition of asking for public comment on it. The policy statement should be made effective during the comment period.

cc: Commissioner Roberts g y 9 ,. , ,

Commissioner Bernthal \.I #8 C - --

Commissioner Zech O h. Deckel No.

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