ML20137M847
| ML20137M847 | |
| Person / Time | |
|---|---|
| Issue date: | 05/14/1985 |
| From: | Minogue R NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20136E683 | List: |
| References | |
| FRN-49FR46418, RULE-PR-40 AB50-2-17, NUDOCS 8512040017 | |
| Download: ML20137M847 (10) | |
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MEMORANDUM FOR: William J. Dircks Executive Director for Operations _64 hrE' .OJfc __ M22fe vot_
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Robert B. Minogue, Director
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FROM: /
Office of "iuclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW OF EFFECTIVE RULEMAKING SPONSORED BY NMSS ,
8ased on our independent review of the rulemaking, " Uranium Mill Tailings Regulations (10CFRPart40): Conforming NRC Requirements to EPA Standards,"
sponsored by NMSS, RES egrees with the reconenendation of the Director, NMSS, that the rulemaking effort should continue.
The basis for oui recommendations is as follows:
Under section 18(a) of Pub. L.97-415, the NRC Authorization Act for FY 82 & 83, the NRC is required to conform its regulations to EPA's standards in Subparts D and E of 40 CFR Part 192 by no later than March 31, 1984. In keeping with section 18(a), NRC suspended portions of its Oct. 3,1980, mill tailings regulations in App. A of 10 CFR Part 40 in 1983. Those portions of the regulations suspended were detemined to be in conflict or inconsistent with EPA's standards.
(The suspension terminates automatically upon conclusion of this
, conforming rulemaking.)
On Nov. 26, 1984 NRC published a proposed rule not only to conform its regulations to EPA's standards under UMTRCA, but also to )
establish general requirements for the management of uranium and I thorium byproduct materials at least comparable to requirements applicable to the management of similar hazardous wastes regulated by the EPA under the Solid Waste Disposal Act (The rulemaking is consistent with 1985 policy and planning guidance with respect to timing).
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2 MAY 141985 This ongoing wiemaking (a companion to the mill tailings regulation on groundwater protection) may be characterized as a matter which does not require a Conrnission decision at a meeting, but nevertheless requires Commission concurrence. (SECY-83-523 submitted the notice of proposed rulemaking to the.Connission for Notation Vote.)
The complete RES independent review package has been sent to OEDO (Attention:
DEDROGR) and to the Lirector, M1SS.
Robert B. Minogue, m rector Office of Nuclear Regulatory Research e
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I RES INDEPENDENT REVIEW PACKAGE i
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l RES INDEPENDENT REVIEW BOARD VOTING SHEET TO: RIRB FROM: F. P. Gillespie, Chairman, RIRB TITLE OF RULEMAKING: Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards (Part 40)
,j AGREE WITH DRAFT RES REQUEST RIRB V INDEPENDENT RECOMMENDATIONS MEETING.
IN DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOM1ENDATIONS AS INDICATED BELOW.
CON 4ENTS AND SUGGESTIONS: t gn55 T*)g A e wsrs p c!C h a Nf (7 4*@*Se ""lGj 3
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RES INDEPENDENT REVIEW BOARD VOTING SHEET TO: F. P. GILLESPIE, CHAIRMAN, RIRB FROM: G. A. Arlotto, Herter, RIRB l l
TITLE OF RULEMAKING: Uranium liill Tailings Regulations: Conforming NRC Rea:tiremer6ts to EPA Standards (Part 40)
/' AGREE WITH DRAFT RES REQUEST RIRB h INDEPENDENT REC 0KMENDATIONS IN DRAFT INDEPENDENT REVIEW MEETING.
PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS '
AS INDICATED BELOW. -
'I COMMENTS AND SUGGESTIONS:
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. . . . - . . :... ; . - .: : = - ' ---.- r RES INDEPENDENT REVIEW BOARD VOTING SHEET TO: F. P. GILLESPIE, CHAIRMAN, RIRB FROM: W. M. Morrison, Member, RIRB l
'N TITLE OF RULEMAKING: Uranium Mill Tailings Regulations: Groundwater ;
Protection and Other Issues (Part 40)
O AGREE WITH DRAFT RES REQUEST RIRB INDEPENDENT RECOMMENDATIONS MEETING.
/ IN DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS
_ AS INDICATED BELOW.
COMMENTS AND SUGGESTIONS:
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Straight approval .
W/WO m A W. M. MORRISON MEN ER, RIRB
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We are at step III.C.2. "RIRS deliberations.' of.the .
RES independent review procedu'es .
r for the< attached specific ongoing rulemaking sponsored by NM55.
Please evaluate' the . attached dra'ft independent review package and provide RM1RB with your voting sheet indicating your position on the rulemaking, l
Your response by c.o.b. 1 will assist in RES' making independent recommendations to the ED0 in a timely sanner. !
30 esor use ads tonn se e asconD et asseusets, sensenesses, esponets, eleseness, and elsneer angiene M M es W Agensy#eng Room kW.
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MEMORANDUM RES TO EDO WITH DIVISION DIRECTOR CONCURRENCE O
52 MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: Robert B. Minogue Director Office of Nuclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW OF EFFECTIVE RULEMAKING SPONSORED BY NMSS Based on our independent review of the rulemaking, " Uranium Mill Tailings Regulations (10 CFR Part 40): Conforming NRC Requirements to EPA Standards,"
sponsored by NMSS, RES agrees with the recommendation of the Director, NMSS, that the rulemaking effort should continue.
The basis for our recommendations is as follows:
NRC must comply with the Congressional mandate to conform existing NRC regulations for uranium mill tailings to EPA standards. In addition, certain provisions of Appendix A of 10 CFR Part 40 are in conflict, or are inconsistent with recent EPA standards.
Proceeding with effective rulemaking is in conformance with NRC
~
Planning Guidance for uranium mill tailings regulations which indicates that the remaining changes for implementing EPA's standards shall be completed by January 1,1988.
At this time RES is not aware of any reasonable alternative to proceeding with this rulemaking effort to make NRC's non-groundwater regulation consistent with EPA standards as directed by Congressional mandate.
Robert B. Minogue, Director Office of Nuclear Regulatory Research DISTRIBUTION Subj. FCostanzi Circ. KGoller Chron. Dross WMB/rf RMinogue JStewart WOTT NOTE
- See previous concurrence OFC: DRPES/WMB :DRPES/WMB :DRPES/D :RES/DD :RES/D :RIRB :
NAME:JStewart:pd :FCostanzi :KGoller : Dross :RMinogue :FGillespie :
DATE:3/ /85 :3/ /85 :3/ /85 :3/ /85 :3/ /85 :3/ /85 :
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1 MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: Robert B. Minogue Director Office of Nuclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW OF EFFECTIVE RULEMAKING SPONSORED BY NMSS Based on our independent review of the rulemaking " Uranium Mill Tailings I Regulations (10 CFR Part 40); Conforming NRC Requirements to EPA Standards," !
sponsored by NMSS, RES agrees with the reconnendation of the Director, NMSS, I that the rulemaking effort should continue.
l The basis for our reconnendations is as follows:
NRC must comply with the Congressional mandate to conform existing NRC regulations for uranium mill tailings to EPA standards. In addition, certain provisions of Appendix A of 10CFR Part 40 are in conflict or inconsistent with recent EPA standards.
Proceeding with effective rulemaking is in conformance with NRC Planning Guidance for uranium mill tailings regulations which indicates that the remaining changes for implementing EPA's standards shall be completed by January 1, 1988.
At this time RES is not aware of any reasonable alternative to proceeding with this rulemaking effort to make NRC's non-groundwater regulation consistent with EPA standards as directed by Congressional '
mandate.
1 Robert B. Minogue, Director Office of Nuclear Regulatory Research DISTRIBUTION Subj. FCostanzi Cire. KGoller Chron. Dross WMB/rf RMinogue l
JStewart WOTT I NOTE *See previous concurrence l
\\ P l OFC: DRPE WMB : RPES/WMB :S :RES/DD :RES/D : RIRB :
NAME:JSte :pd :__ ,d nzi :KGol r : Dross :RMinogue :FGilespie : ,
DATE:3/a 85 :3/1g/85 :3/%/85 :3/ /85 :3/ /85 : :
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