ML20199L225

Informs That Commission Has Concerns in Several Areas That NRC Hopes Could Be Addressed in Superfund Reauthorization Legislation Re Site Decontamination & Decommissioning

ML20199L225
Person / Time
Issue date:	11/07/1997
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Oxley M HOUSE OF REP.
References
CCS, NUDOCS 9802090151
Download: ML20199L225 (2)

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UNITED STATES g

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NUCLEAR REGULATORY COMMISSION s

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WAsHINeToN, D.C. asseMom e.,,,

November 7, 1997 I

The Honorable Michael G. Oxley House Commerce Committee Subcommittee on Finance and Hazardous Materials U.S. House of Repr3sertatives Washington, DC 20515-35 %

Dear Congressman Oxley; i

The Commission has concems in sovsmi areas that the NRC hoper could be addressed in Superfund ret.uthorization legislation. In particular, the Commission would like to see legislation which would achieve finality in Commission decisions in site decontamination and decommissioning, avoid negative impact on NRC's Agreement State programs and avoid inappropriate use of Safe Drinking Water Act established Maximum Contaminant Levels for cleanup of radionuclides, The Commission hat, written previously to the Congress stating policy views on these issues and suggesting legislation that would address these issues, On October 10,1997, Caalrman Shirley Ann Jackson wrote you in support of a draft legis!ative product based upon staff to staff discussions. Based on additional staff discussions, the NRC could support the enclosed draft legislation, which would address the basic issues.

if you wish to discuss any of these matters further, please feel free to contact me or my staff.

Sincerely, i

- ?;"__7f Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As Stated 4

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NUCLEAR REGULATORY COMMISSION PROPOSED DRAFT LEGISI.ATION TO AMEND CERCLA

1. Section 121 of the Comprehensive Environmental Response, Compensation ano Liability Ad of 1980 (42 U.S.C. $9621) is further amended by adding the following new paragraph at the end of subsection (b):'

• (4) SOURCE, BYPRODUCT, AND SPECLAL NUCLEAR MATERIAL. No authority of this Act may be used to commence an administrative or judicial action with respect to source, special nuclear or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commlasion for license termination under the Atomic Energy Act of 1954, or by a State which has entered into an agreement pusuant to section 247b. of that Act, unless soch action is requested by the Nuclear Regulatory Commission or, in the case of such material under the jurisdiction of a State which has entered into an agreement pursuant to section 247b.

of that Act, the Govemor of the State.

2. Section 101(10) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. $9601(10)) is amended by inserting the following before the period at the end of paragraph (K):

• or any release of such material in accordance with regulations of the Nuclear Regulatory Commission following termination of a license issued by the Nuclear Regulatory Commission pursuant to the Atomic Energy Act of 1954 (42 USC $2011 et seq.) or by a State acting under an agreement entered into pursuant to section 274 of the Atomic Energy Act of 1954.

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• Note that this placement of the proposed amendment of section 121 is based on draft tall provisions developed by members of the House Commerce Committee. The exact placement of the amendrnent in the legislation will depend on the version of the bill under consideration. Conforming changes may also be needed in other provisions of the bill.

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CONGRESSIONAL CORRBSPONDENG SYSTEM

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DOCUMENT PREPARATIOV GECEIST

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i 1his check list is to be submitted with each document (or gimp of Qs/As) sentforprocessing into the CCS.

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1. BRIEFDESCRIPTION OFDOCUMENT(5)___ l b -

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2. TYPE OFDOCUMENT X CCRRESPONDENG RE4 RINGS (Qs/As)

3. DOCUMENT CONTROL _ SENSITIVE (NRC ONLY) X NON-SENSITIVE

4. CONGkE5510NAL COMMITTEE AND SUBCOMMITIEE ((f applicable)

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Congressional Committee 4

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S. SUBIECTCODES (A) 1 (B) i-(C) 6, SOURCE OFDOCUMENT5 (A) 5520 (DOCUMENT NAME

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