ML20198E244

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Commission Voting Record on SECY-98-028 Re Regulatory Options for Setting Stds on Clearance of Matl & Equipment Having Residual Radioactivity
ML20198E244
Person / Time
Issue date: 12/17/1998
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
REF-10CFR9.7 SECY-98-028-C, SECY-98-28-C, NUDOCS 9812240004
Download: ML20198E244 (2)


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E o NUCLEAR REGULATORY COMMISSIOP I

WASHINGTON. O C. 20555-0001 e RELEASED TO THE POR ok%, V /# * '[gg// ffORREQEF/A l December 17,1998

,,,,c ,g, COMMISSION VOTING RECORD" , . . .... . . .,,,,,, .gI5b _ a; SECRETARY DECISION ITEM: SECY-98-028 TITLE: REGULATORY OPTIONS FOR SETTING STANDARDS ON CLEARANCE OF MATERIALS AND EQUIPMENT HAVING RESIDUAL RADIOACTIVITY The Commission (with Commissioners Dicus, Diaz, and McGaffigan agreeing) approved Option 3 in the subject paper. Chairman Jackson approved Option 2. The .

results are recorded in the Staff Requirements Memorandum (SRM) of June 30,1998.

This Record contains a summary of voting on this matter together with the individual vote sheets, views and comments of the Commissioners, and the SRM of June 30, 1998.

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Secretary of the Commission Attachments:

1. Voting Summary
2. Commissioner Vote Sheets
3. Final SRM cc: Chairman Jackson I Commissioner Dicus g Commissioner Diaz Commissioner McGaffigan g- 3  !

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VOTING

SUMMARY

- SECY-98-028 l

RECORDED VOTES NOT APRVD DISAPRVD ABSTAIN PARTICIP COMMENTS DATE l

CHRM. JACKSON X X 5/26/98 COMR. DICUS X X 5/5/98 COMR. DIAZ X X 5/22/98 COMR. McGAFFIGAN X X 6/16/98 4 1

COMMENT RESOLUTION l

In their vote sheets, Chairman Jackson and Commissioner Dicus approved Option 2 - I to support EPA promulgation of a clearance standard and to then issue conforming l rules and guidance. Commissioners Diaz and McGaffigan approved Option 3 - to

- proceed independently to promulgate a dose-based regulation for clearance of materials and equipment having residual radioactivity. Commissioner Dicus  :

subsequently agreed to the Option 3 course of action with EPA being explicitly I informed. Subsequently, the comments of the Commission were incorporated into the guidance to staff as reflected in the SRM issued on June 30,1998, i

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p ratog'o UNITED STAT S l',- 8 n NUCLEAR REGULATORY COMMISSION WASHINGTON. O C. 20555-0001 l

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June 30, 1998 f OFFICE OF THE l SECRETARY l

MEMORANDUM TO: L. Joseph Callan b Exe iv Dir tor for Operations .

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FROM
John C. H y , ecretary M

STAFF REQUIREMENTS - SECY-98-028 REGULATORY

SUBJECT:

OPTIONS FOR SETTING STANDARDS ON CLEARANCE OF l MATERIALS AND EQUIPMENT HAVING RESIDUAL l RADIOACTIVITY The Commission has approved Option 3 to proceed independently to promulgate a dose-based regulation for clearance of materials and equipment having residual radioactivity. The staff l

should notify EPA of the planned actions in this regard. This effort should begin in FY 1999.

The staff should pursue an enhanced participatory rulemaking process similar to the Part 35 revision process, including use of the intemet home page to solicit comments prior to start of l

i the formal rulemaking process with particular emphasis on enhanced early Agreement State input. The proposed standard for clearance should not be a detectability standard, but should draw from the IAEA's interim report and the SAIC analysis, it should also draw from ongoing i

practice with regard to NORM and NARM (such as the encouragement for coal ash to be l

recycled in building materials). The rulemaking should focus on the codified clearance levels aboXe background for unrestricted use that are adequately protective of public health and safety. This level should be based on realistic scenarios of health effects from low doses that still allows quantities of materials to be released. The rule should be comprehensive and apply to all metals, equipment, and materials, including soil. If problems that would delay completing the rulemaking arise in certain categories of solid materials, then a decision can be made to l

narrow the scope of the rule.

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f-L SECY NOTE: THIS SRM, SECY-98-028, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE i PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.

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Commissioner McGaffigan

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