ML20137M791
| ML20137M791 | |
| Person / Time | |
|---|---|
| Issue date: | 11/02/1984 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20136E683 | List: |
| References | |
| FRN-49FR46418, RULE-PR-40 AB50-2-11, NUDOCS 8512040010 | |
| Download: ML20137M791 (10) | |
Text
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- p November 2, 1984 DMartin, NMSS GCunningham Kerr OFFICE OF THE SECRETARY Minogue Felton Philips Besaw Shelton MEMORANDUM FOR:
William J. Dircks, Executiv Director for Operations
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FROM:
Samuel J. Chilk, Secreta
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SUBJECT:
COMMISSION ACTION ON URAI MILL TAILINGS REGULATIONS
' This is to advise you that the Commission (with Chairman
\\PalladinoandCommissionersRoberts,Asselstine,Bernthal, and Zech approving) has agreed to proceed with publication of the proposed rule and advanced notice of rulemaking subject
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to:
h 1.
The advanced notice of proposed rulemaking should be
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revised by removing the section (pages 8-11) on "Imple-S mentation and Enforcement Policy" and inserting in its place a section (Attachment 1) on " Commission Authority a
and Responsibility".
2.
The proposed rule should be revised by removing the section (pages 13-16) on " Implementation and Enforcement Policy" and inserting in its place the section (as above) on " Commission Authority and Responsibility".
These changes should be made and the Federal Register Notice should be returned for signature and publication.
( g (SECY SUSPENSE:
ASAP) u hand Senators Simpson and Domenici to be consistent with theYou b
above notice and return the letters for Commission review and 3
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signature, j
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. Commissioner Asselstine would have preferred the original Jmplementation and Enforcement Policy Statement agreed to by the Commission.
Attachments:
As Stated cc:
Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech OGC OPE l
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pq TT Ac I4 PT & N T S i
Commission Authority and Resoonsibility
' ~ Section 84c. of the Atomic Energy Ac't states that:
A Licensee may propose alternatives to specific requirements adopted and enforced by the Commission under this act. Such alternative proposals may take into account local or regional conditions, including geology, topography, hydrology and meteo-rology.
The Commission may treat such alternatives as satisfying Commission requirements if the Commission determines that such alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards ~and requirements adopted and enforced by the Commission for the same purpose and any final standards promulgated by the Administrator of th'e Environmental Protection Agency in accordance with Section 275.
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2_
The Comission historically has had the authority and responsibility to regulate the activities of persons licensed under the Atomic Energy Act of 1954, as amended. Consistent with that authority and in accordance with Section 84c. of that Act, the Comission has the discretion to review and aporove site specific alternatives to standards promulgated by the Comission and by the Administrator of the Environmental Protection M ency.
In the exercise of this authority, Section 84c.
does not require the Commission to obtain the concurrence of the Administrator in any site specific alternative which satisfies Comission requirements for the level of protection for public health, safety, and the environment from radiological and nonradiological hazards at uranium mill tailings sites. As an example, the Comission need not seek concurrence of the Administrator in case-by-case determinations of alternative concentration limits and delisting of hazardous constituents for specific sites.
It should be understood that the proposed conforming regulations deal with the exercise of the Comission's responsibility and authority under the Atomic Energy Act of 1954, solely as regards uranium mill tailings sites and have no broader connotation.
The Commission believes that licensee proposals for alternatives can be an important and effective way to help deal with the problems associated with implementing the new EPA standards. The Commission expects that it may require several years to have its conforming regulations fully in place.
It expects to use the flexibility provided by Section 84 in the interim to consider and approve alternative proposals from licensees. Section 84c. provides NRC sufficient authority to independently approve alternatives so long as the Commission can make the required determination.
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11/03<84 12:32 N.R.C. H ST NO.
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'y y 3as MEMORANDUM FOR:
William J. Dircks, Execut ?
Director for Operations FROM:
Samuel J. Chilk, Secreta:
COMMISSION ACTION ON UBAlfth MILL
SUBJECT:
TAILINGS REGULATIONS This is to advise you that the Comatission (with Chairman Palladino and Commissioners Roberts, Asselstine, Bernthal, and Zech approving) has agreed to proceed with publication of the proposed rule and advanced notice of rulemaking subject to 1.
The advanced notice of proposed rulemakirog should be D
revised by removing the section (pages 8-11) on "Imple-mentation and Enforceme~nt Policy
- and inserting in its place a section (Attachment 1) on " Commission Authority and Responsibility".
I 2.
The proposed rule should be revised by removing the section (pages 13-16) on "Implementa< tion and Enforcement Policy" and inserting in'its place the section (as above) on " Commission Authority and Responsibility".
These changes should be made and the Federal Register Notice should be returned for signature and publication.
(EDO) (SECY SUSPENSE:
ASAP)
You should also revise the draft letters to Congressman Udall
{
and Senators Simpson and Domenic$ to be consistent with the above notice and return the letters for Connaission review and d
signature.,
.k (EDO) (SECY SUSP K :
ASAP)
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- 11/03 84 12:32 N.R.C. H $T NO.001 002 1
Connaissioner Asselstine would have preferred the original Implementation and Enforcement Policy Statement agreed to by the comunission.
Attachments:
As Stated cc:
Chairman Palladino Commissioner Roberts Commissioner Asselstine Cossaissioner Bernthal Commissioner sech OGC 0P2
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lie 03/84 12:33 N.R.C. H ST NO.001 003
- A TTY 4c I4 !"1 G t\\t T l Commission _ Authority and Responsibility
' Section 84c. of the Atomic Energy Act states that:
A Licensee may propose alternatives to specific requirements adopted and enforced by the Commission under this act. Such alternative proposals may take into account local or regional conditions, including geology, topography, hydrology and meteo-rology.
The Comission may treat such alternatives as satisfying Consission requirements if the Comission determines that such al,trenatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards'and requirements adopted and enforced by the Commission for the same purpose and j
any final standards promulgated by the Administrator of the Environmental protection Agency in accordance with Section 275.
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11 03/64 12:33 N.R.C. H ST NO.001 004
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The Cosutission historically has had the authority and responsibility to regulate the activities of persons licensed under the Atomic Energy Act of 1954, as amended. Consistent with that authority and in accordance with Section 84c. of that Act, the Cosuiission has the discretion to review and approve site specific alternatives to standards promulgated by the Commission and by the Administrator of the Envircnmental 1
Protection Agency.
In the exercise of this authority. Section 84c.
does not require the Commission to obtain the concurrence of the Administrator in any site specific alternative which satisfies Consiission requirements for the level of protection for public health, safety, and the environment from radiological and nonradiological hazards at uranium mill tailings sites. As an example, the Commission need not seek concurrence of the Administrator in esse-by-case l
determinations of alternative concentration limits and delisting of i
hazardous constituents for specific sites.
It abould be understood that the proposed conforming regulations deal with the exercise of the Comunission's responsibility and authority under the Atomic Energy Act of 1954, solely as regards uranium mill tailings sites and have no
~
broader connotation.
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. The Commission believes that licensee proposals for alternatives can be an important and effective way to help deal with the problems associated with implementing the new EPA standards. The Connission expects that it may require several years to have its confonning regulations fully in place.
It expects to use the flexibility provided by Section 84 in the interim to consider and approve alternative proposals from licensees. Section 84c. provides NRC sufficient authority to independently approve alternatives so long as the Commission can make the required determination.
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