ML20141H671
| ML20141H671 | |
| Person / Time | |
|---|---|
| Issue date: | 07/23/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Shinn R NEW JERSEY, STATE OF |
| Shared Package | |
| ML20141H675 | List: |
| References | |
| NUDOCS 9708010078 | |
| Download: ML20141H671 (2) | |
Text
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'e July 23,1997 CHAIRMAN Robert C. Shinn, Jr., Commissioner Department of Environmental Protection Office of the Commissioner CN 402 Trenton, New Jersey 08625-0404
Dear Commissioner Shinn:
This is in response to your letter of June 20,1997, regarding the clean-up of a residence in Union, New Jersey, contaminated by tritium in an " EXIT" sign removed from a nearby building demolition site. Tritium " EXIT" signs are commonly used in commercial buildings as self-illuminating devices to mark avenues of escape in case of fire or other emergency.
However, like other devices containing radioactive material, they must be properly managed and disposed of in accordance with Nuclear Regulatory Commission (NRC) requirements in order to protect public health and safety. In this case, an alleged lack of control over the
" EXIT" sign in question led to contamination of a residence.
1 You indicate initial satisfaction with the NRC response to the incident but concem and disappointment with NRC's legalinability to spend funds for the clean up of private property.
The identification of the party responsible for remediation and the attendant costs is a matter that normally should be promptly resolved. In this case, where the remediation activity has been completed, and the issue is what entity should bear the cost, the matter involves legal processes. As your letter indicates, NRC already has identified the original owner of the
" EXIT" sign (Abex), as well as successor parties (Setrite and Carco). The NRC staff is considering whether any of the three companies violated NRC requirements.
Your letter refers to the Federal Radiological Emergency Pesponse Plan (FRERP), and it is therefore important to be clear regarding that document's scope. The FRERP describes the Federal coordination and resources in monitoring and assessment activities associated with peacetime radiological emergencies. The types of Federal assistance in monitoring and assessment are discussed throughout the document. Furthermore, the FRERP recognizes the preeminent role of State and local govemments for taking emergency actions. The FRERP, however, was not intended to address a Federal role in disposal, clean up or site remediation.
While the processes followed to date in this case were sufficient to protect public safety, your letter identifies several areas in need of improvement and clarification. The Commission is interested in these issues including the control and accountability of generally licensed devices and remediation responsibilities. NRC, the Department of Energy (DOE),
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2 the Environmental Protection Agency (EPA) and other federal and State agencies are working to define roles in responding to situations involving orphaned sources and other radioactive material in the public domain, under their respective, existing legal authorities. In addition, EPA has been actively exploring its use of National Contingency Plan funds for radiological cleanup purposes in an t.+ fort to assist States in contamination situations.
The NRC staff is preparing recommendations for Commission consideration, addressing the broader question of increased regulatory oversight of devices containing radioactive material, as well as possible actions to ensure the proper handling and final disposition of orphaned devices. Furthermore, in light of the Corimission's strategic assessment and rebaselining efforts, the Commission has directed the NRC staff to examine the applicability of risk-informed approaches to regulation of nuclear material licensees. The NRC staff has established a nuclear byproduct material risk review group to identify and document a technical basis for a risk-informed approach to regulatory oversight, and to formulate approaches to regulation of all nuclear byproduct material regulated under 10 CFR Parts 30-39 based on risk information.
We appreciate your letter and look forward to working with you and receiving your views as we further address the questions and reach decisions.
Sincerely, L