ML20140H010
| ML20140H010 | |
| Person / Time | |
|---|---|
| Issue date: | 06/04/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Rosalyn Jones AMERICAN PETROLEUM INSTITUTE |
| Shared Package | |
| ML20013B990 | List: |
| References | |
| NUDOCS 9706170347 | |
| Download: ML20140H010 (2) | |
Text
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NUCLEAR REGULATORY COMMISSION
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UNITED STATES x
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WASHINGTON, D.C. 20555-0001 E
June 4, 1997
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CHAMMAN Mr. Ronald L. Jones Vice President American Petroleum Institute 1220 L Street, N.W.
Washington, D.C. 20004-4070
Dear Mr. Jones:
This is in response to your April 1, 1997, letter indicating the American Petroleum Institute's concern over a recent exchange of letters between the Nuclear Regulatory Commission (NRC) and the Environmental Protection Agency (EPA) regarding NRC's final rulemaking on the radiological criteria for license termination.
In particular, API expressed concern that references to naturally occurring radioactive material (NORM) in my letter to EPA of February 21, 1997, are confusing and misleading. API was concerned that these references could be interpreted to suggest that NORM-contaminated sites and disposal of NORM waste should be handled under the same rubric as NRC license termination.
My letter to EPA of February 21, 1997, expressed a general goal that should be pursued in developing radiation protection regulations for the public, namely, that a uniform regulatory approach should be taken with respect to all sources of radiation (including NORM sources) and that regulatory resources should be focused on the most significant hazards. The letter did not mean to imply that dose criteria developed for NRC's licensees regarding license termination should be the same as those developed for handling NORM, nor is the NRC suggesting at this time that NORM be regulated under the Atomic Energy Act.
The primary purpose of the statement was to emphasize that uniform risk levels are needed.
j NRC's working position on NARM (naturally occurring and accelerator-produced
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materials) (taken from NRC's proposed final rulemaking in SECY-97-046A,
,_, pages 108-110) is paraphrased below, fpgjp With regard to NARM, NRC's legislative and regulatory authority extends to those materials and facilities under the Atomic Energy Act of 1954, as amended, and not to accelerator-produced materials or naturally occurring l
radioactive material, except as it is defined as source material in Section 40.4 of 10 CFR Part 40.
The criteria of this rule apply to residual radioactivity from activities under a licensee's control and not to background radiation (that includes radiation from naturally occurring radioactive material (NORM)).
There are a wide variety of sites containing NORM that are subject to EPA jurisdiction and are not licensed by the NRC.
The extent to which the criteria in this rule would apply to these sites would be based on a yR 6h llll]lllllllll@lllllllglll]llll a
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2 separate evaluation. However, the considerations and analyses done for this rulemaking in the Final GEIS and regulatory analysis regarding large fuel cycle and non-fuel-cycle facilities containing large quantities of naturally
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occurring nuclides such as uranium and thorium are appropriate for certain NORM sites.
The broad provisions of the NRC's proposed rulemaking (such as control of sites with restrictions imposed and public participation aspects regarding these restrictions) may be useful in considering NORM sites.
Nevertheless, the Commission understands that those States that have established criteria for remediation of NORM contaminated sites base their criteria in part on radium concentration limits in soil established by EPA for sites subject to the Uranium Mill Tailings Remediation Control Act.
The criteria established range from levels comparable to background through the EPA /NRC criteria of 5/15 pCi/g radium up to levels in the range of 30 pCi/g radium.
These values result in radiation doses that exceed the unrestricted use release criteria established in the NRC's final rule on decommissioning recently approved by the Commission for Atomic Energy Act regulated material.
I appreciate your interest in this matter and the additional information that you provided to the NRC.
I trust that this letter addresses your concerns about NRC's position on the regulation of NORM.
Sincerely, M [v Shirley Ann Jackson l
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