ML20140F774
| ML20140F774 | |
| Person / Time | |
|---|---|
| Issue date: | 04/25/1997 |
| From: | Reed C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Raju Patel AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20140F780 | List: |
| References | |
| FOIA-97-66 NUDOCS 9705050345 | |
| Download: ML20140F774 (4) | |
Text
i 1 i
U.S. NUCLEAR REGULATORY COMPAISSION
' NRc F OIA HLOULSI NUMBLHISI
,/ h.3 FOIA 66 !
RESPONSE T YPE
[ '
i T RESPONSE TO FREEDOM OF XlRN,R ( 3 rd) l l PARTIAL
.i INFORMATION ACT (FOIA) REQUEST o^"
.....f MH 2 5195; DOCK E T N UVBE RIS) (/t appIncare)
H E QUE ST E R Raiu H. Patel l PART 1,-AGENCY RECORDS RELE ASED OR NOT LOCATED (See checkedboAesi ;
No agency records subject to the request have been located.
i No additional agency records subject to the request have been located.
Requested records.w available through another pubhc distribution program. See Comments section, Agency reco ds subject to the request that are identified in Append.x(es) O are already available for public inspection and copying at the ,
,X NRC Puche Document Room. 2120 L Street, N.W., Washington. DC. l Agency records subject to the request that are identified in Appendix (es) E are oe,ng made avaiiabie for pubiic inspect;on and copying j X at the NRC Public Document Room,2120 L Street, N W., Washington, DC,in a folder under this FOlA number.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f is now being made availabic for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number, Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Documant )
Room identified in the Comments section. 1 Enclosed is information on how you may obta6n access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, X N W., Was,hington, DC.
y Agency records subject to the request are enclosed.
Records subject to the request have been referred to another Federal agancy(ies) for review and direct response to you.
y Fees You will be billed by the N RC for fees totahng S You will receive a refund from the NRC in the amount of S 35.27 in view of NRC's response to this request, no further action is being taken on appeal letter dated No. l PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE l Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public insptction and copying in the NRC Pubhc Document Room,2120 L Stree., N.W., Washington, DC in a folder under this FOI A number, COMMENTS The records identified on enclosed Appendices D and E are the remaining records subject to your request. Copies of Appendix D records are already publicly available at NRC's Public Document Room (PDR). I have enclosed information to assist you in obtaining these records directly from the PDR. Copies of g Appendix E records are enclosed.
O l fpJ.L i j j
I)f7/
YtGN QR E. DIR ECTO ,' DIVI OF F RELDOPA O
.W /CriON AND PUBLICATIONS SERVICES
/
'N ",
f[* h U "i l ' w & p y , ; Q f }:NQgbj e-
~
ff fff fbN*i ~
IE l l l 42 9705050345 970 55 FOIA lil l
- d. lIIlII*
I UllI f '
%d PDR I on mew PATEL97 ,-66
- , PDR , ,, ,
~~ ~~~~~
1 j):
2g Qlp _, .C .9 n,7 Qtp
~ , . .
.!. ' , , 1 t ,
~. - ._ .. . . _ .
4 I
l ls i' i
l APli 2 5 i W F01A-97-66 l I l
l The fees for the processing of your request are noted below:
i l Professional Search - 4 hrs. 10 mins. 0 $33.67 per hr. = S140.28 l l Professional Review - 3 hrs. 5 mins. 0 $33.67 per hr. = 103.81 l Duplication - 107 pgs. 0 $0.20 per pg. = 21.40 Total $265.49 This completes HRC's action on your request. j i
1 1
l i
l I
i
3 i~y .
t Re: FOIA-97-066 i
APPENDIX D 4
4-DOCUMENTS MAINTAINED AT THE PDR 4
1 NUMBER DATE DESCRIPTION /ACC. NO.
- 1. 10/29/93 Letter to The Honorable Martin Hoke from Chairman Selin regarding radioactive i contamination at Northeast Ohio Regional Sewer District, with enclosure, 5
Acc. No. 9311170156.
- 2. 8/22/94 Letter to The Honorable John Glenn, from Chairman Selin regarding NRC response to GAO's report entitled " Nuclear Regulation - Action Needed to Control Radioactive Contamination at Sewage Treatment Plants," with enclosure, Acc. No. 9409070198.
- 3. 6/20/95 SECY-95-162 - Disposal of Radioactive Material into Sanitary Sewer Systems, i Acc. No. 9507060225.
l' .
3 Re: FOIA-97-66 1
APPENDIX E l.
RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES
- 1. 10/1/93 Letter to P. Olson from J. Blaha
( regarding NRC's response to questions, with enclosure, (19 pgs.).
- 2. 11/9/93 Letter to M. Fitzgerald from M. Malsch
! regarding NRC's response to questions, l with enclosure, (7 pgs.).
- 3. 6/10/94 Backup Questions, 17, 18, and 23, for l Commission Use, (3 pgs.).
I I
l l
i I
t f
I i
i r'
i
0
- Patterson Associates, Incorporated i l I .r . 4. om . . . .. :
VIA FACSIMILE '" usuli:n i -
l 43tA4% TQjRM February 21, 1997 U"N -3I? b b .- _-
Dato Radd: _ g -gg{
Action C# Q,4 _
Rnlater i m: ~
Mr. Russell Powell Chief - FOIA/LPDR Branch United States Nuclear Regulatory Commission Mail Stop T6D8 Washington, D.C. 20555-0001
Dear Mr. Powell:
This letter is a request to you that under the Freedom of Information Act (FOIA), I would like to review all available Nuclear Regulatory Commission (NRC) associated documents on the following two issues:
1
- 1. Documentation regarding development of solubility criteria for liquid effluent releases to sanitary sewerage, as regulated l under 10 CFR Part 20.
l 2. Documentation regarding the NRC's position concerning a municipality regulating radioactive discharges to the sanitary sewer on the basta of protecting economic interests. For example, see the enclosed November 9, 1993 NRC letter to Mr. Hugh McFadden, City Attorney, Laramie, Wyoming, ,
communicating this position in response to the municipality's inquiry. Please include all NRC responses to such municipality inquiries.
If you have any comments or questions regarding the above, please call.
Cordially yours, (L
Raju H. Patel Project Engineer
! RHP/jg l
Enclosure cc J. Patterson C. Petropoulou 966039.134 F.3.11 39 SOUTH LA SALLE STREETe SUITE g17 e CHICAGO. ILLINOtS 6000310008 PHONE (312) 3721100 e FAX (312) 372 7188 C 30Vd 08:4 ELE EIG OceSV N09432Yd OE'91 (Ivil 46. !E E3d
__V i r e(,. . _ . _ 3- _ _ v .s a c , a , - ,
' j NUCLEAR REGULATORY COMh..$510N i, b,,me'p/ wsen on, p.c. mamo, gy~ e..g*
kOV 0 $ 1993 Mugh B. McFadden, Esq.
Laramie city Attorney corthell and King -
221 south second street P. c. Box 1147 Laramie, Wyoming 82070
Dear F.r. McFadden:
In your letter to the WRC of September 9, 1993 "Can you requested an a municipality expression uf vins on the follovnng question:
radioactive I
. lawfully regulate or, prohibit the discharge of materials .into its wastewater treatment system, vith or without an industrici .pretreatment program mandated by EPA?" We understand the context of your question to be a city plan to begin producing sludge in 1996, and the related facts that Lara=ia has a hospitel with a nuclear medicine department and that the University of l Wyoming does some research with radioisotopes..
By necessity our respensa has to be general, li=ited to the
, principles of law that govern this The agency andlegal primary its' relationships principle is with states and municipalities.
that the Atomic Energy Act of 1954, as amended, occupies the field with respect to issueo of radiation protection in the usa of source, byproduct, and special nuclear material, as these terms are defined in the Act. If, however, the basis for the state or local.
l governmental action is something other than the protection of Verkers' and public from the health and safety hazards of regulated l
matorisig, the action is not preempted. Sea, e.g. Emelfle ces and riectrie Co. v. state Enercv Resources conservation and Develo_
As a consequence ament of the Atomic
,Foct:rl ss io_n , 461 U. 5. 190 }1933).
~
Energy Act ocicupying the field dual Federal-State reguiction of the radiation hazards associated with use of these materials is not '
allowed. See 10 C.T.R. 8.4 and 10 C.F.R. Part 150, However the extension of these general Faderal preemption i
Principles to actions of state or Localowners government entities in raises
! their ' proprietary, capacity additional issues which have not been resolved definitely.O.More (say as of POTWs) l .
important here, however/ other is thanthatradiation it the cityprotcetion, of Laramietowere.' requireto have sound reasons, l
Protreatmint 'of vastes fro:n the hospital or university to eliminate such protreatment vould not fall afoul of or reduce radioactiviq,Thus, NRC regulations that allow users of l the Atomic natorials regulated Energy Ao),' ,to discharge to sanitary sewers do not compel l a vaste water treatment operator to accept those radioactive t
materi,alsSW4 note, however> that the Etterials regulated by this l
- agency aria exempted from regulation under the Tsdoral Water i
- i. ,
M+2ceed syove ou m m oc, v momy .s n m g . gu
Pollution Centrol Act and the Resource Conservation and Recovery j* Act. Thus protreatment to c11minato or reduce the regulated j
isotopes would not be regu, ired by ,thoco environmental statutes.
! In~ 3nnusry of 1994 nov rules take ef fect in 10 C.F.R. Part 20 that J vill limit the discharge to sanitary sever systems to only those
! licensed materials which are soluble in water or which ar'h readily
- dispersible biological material (such as way be found in a see 10 C.T.R. 20.2003.. Finany, university there is no research limit onlaboratory),
radioactivl.ty that may be discharged to a
- senitary sewer in excrete rrce patients undergoing r.edical diagnosis or therapy. You may wish to consult with the radiation safety officers of the hospital and university to gain an understanding of the technical characteristics of the isotopes used in these institutions and their fate in vaste vatar treatment. !
The problem of certain radioactiva matorialc cnding up in the sludges from vaste water treatment, or in ash from the incineration
- of sludges, is well known to the staff of the NRC.
- . A generic study l
} is underway te understand the dimensions of the issue and whether it poses a particular health 'and safety matter that needs to be i dealt with by nore specific regulation. The Atomic Energy Act encourages the useful and beneficial uses of radioisotopes in medicino and research, at the same time the NRC is highly cognizant of the health risks to third parties that may result from such uses. We believs that our regulation is appropriately balanced betvaan the need to protect the public from the undue hazards of the regulated materials and also te allow their beneficial use in a controlled manner.. I I hope that this response vill be helpful to you. If you have any i further questions you may call oither me at area code 301-504-1740, or Robert L. Fonnor at aree code 301-504-1643.
sincerely o s, ',
Martin c. Malsch
, Deputy General Counsel for Licensing and Regulation e
i l
I
- 1 I
l
J