ML20205S227

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Recommends Approval of Initiation of Rulemaking Action Re Amend to 10CFR20.305 Concerning Removal of Restrictions on Onsite Incineration of Slightly Contaminated Waste Oil
ML20205S227
Person / Time
Issue date: 03/11/1987
From: Beckjord E
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20195E797 List:
References
FRN-53FR32914, RULE-PR-20, RULE-PRM-20-15 AC14-1-18, NUDOCS 8811100296
Download: ML20205S227 (5)


Text

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  • WEMORANDUM FOR: Victor Stello, Jr. i Erecutive Director for Operations  !

l FROM: Eric S. Beck.ierd. Director I l

Office of Nuclear Regulatory Pesearch [

SUBJECT:

CONTPOL OF NRC RULEMAKINr - THITIATION OF RES-SPONSORED RULEMAKING -- AMENMENT TO 10 CFR PART l 20.305 (DISPOSAL OF PASTE Olt RY INCINERATION) l Based on our review of the proposed RES-sponsored proposed rulemakino packace, (

"Rule to Amend 10 CFR Part ?0.305," (which would remove restrictions on the  :

on-site incineration of slightly contaminated waste oil) PFS recomends that approval be given to initiate this rulemaking action. This recomendation, in (

draft form, has been coordinated with the Office of Nuclear Reactor Pegulation  !

l and the Office of Nuclear Materials Safety and Safeguards. l t

t l This proposed rulemaking responds to a petition from the Edison Electric  !

I Institute and the Utility Nuclear Waste Management Group (PRM-20-15, dated [

July 31, 1984) which rcquests that the Comission define radionuclide }

concentrations in waste oil below which disposal might be carried out without  !

l regard to the radioactive material content of that waste. Comission policy, t l

as expressed in the supplementary infomation accompanying the publication of I l 10 CFR Part 61, viewed the establishment of a de minimis standard for l l radioactive wastes os being beneficial, and wouTd, among other things, reduce  !

l disposal and long tem disposal site maintenance costs and help preserve i l disposal capacity for wastes with higher activity levels. This policy further ,

expressed the willingness of the Comission to accept petitions for rule- L 1 making... "for declaring certain waste streams to be below regulatory concern" and identified some of the infomation necessary to support a petition of this <

type, l l

RES recognizes, as does the Comission, the potential benefits of permitting certain low level wastes to be disposed of by means other than licensed shallnw (

land burial and believes that for this class, waste oil, some modification of i current regulatory practice is warranted now. l l

However, for several reasons RES does not believe that it is appropriate in l this action to establish, for this class of waste, a generic level of radioactivity which is "below regulatory concern" as requested by the peti-tioner. These reasons include consideration of EPA's authority over radio. i active materials released to the general environment, EPA's Federal guidance [

responsibility to recomend to the President acceptable levels of radiation j exposure for the general public and, most importantly, the fact that NMSS has i recently published for coment an Advanced Notice of Proposed Rulemaking on the (

general subject of wastes which are "below regulatory concern." [

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Victor Stello, Jr. 2

. ggg3g Accordingly RES is proposing to respond to the EE! petition by a rulemaking to consider arrending 10 CFR Part 20.305 to remove for waste oil, the current restrictions on Part 50 reactor licensees regarding on site incineration of waste, and to add clarifying language with respect to the procedures to te followed by a licensee in carrying out such disposal within the context of existing requirefrents of 10 CFR Part 50.

The complete RES review package has been sent to OEDO (Attention: DEDROGR) and the Directors, NRR and NMSS.

Ise m, ma Eric S. Beck,iord, Director Office of Nuclear Regulatory Research

)lSTRIBUTION:

A A subJ/rdg circ /chron ESBeckjerd DFRoss KRGoller GHMarcus REAlexander CBartlett RECORD NOTE: Telephone concurrences received from:

hMSS (K. Dragonette) on 2/11/87; NRR (R. Cleveland) with one modification on 2/17/87.

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  • ESPeckjord :  : :

DATE: 0?/d /87 :02/d /87 :02/ /P7 :0?////87 :0V///87 :03h1/87  : :_

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/0A RES INDEPENDEN1 REyl[W 90ARD VOTING 5 HEE 1 TO: K. N Coller, Chaiman, Rh FRDM: G. A. Arlotto. Meter. RIRB f d>Mm/,-fj; TITLEOFRULEMAKING:[g, Q 4, .4 y M~,x/2f. j -

W* CU (WITH m%ADRAri REST Rm Pant,REQUEST (/2du) RlRE AGREE INDEPENDENT RECOMENDATIONS MIETING*

- IN DRATT INDEPINDENT REVIEW PACKAGE.

8001FY DRAri RES NOT FARTICIPATING.

INDEPENDENT RECOMINDATIONS X A5 INDICATED BELOW.

COW.EKIS AND $UGGE5'10N5:

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RIS INDEPENDENT REVIEW BOARD VOTING N EET - l TO: K. & Goller, Chairman, RIRB na s. v erri. , u.*=,un M

' TITLE OF RULEMAKING:

WW O't) 7 bM N ?A"4 f M ( P d 10bF REQUEST RIRB

! AGREE WITH DRAn RES

/ INDEPENDENT RECOMMENDATIONS w MEETING.

1 IN DRAM INDEPENDENT REVIEW PAEKAGE.

" ' NOT PARTICIPATitlG. -

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EDIM DRAn RES l INDEPENDENT RECOMMENDATIONS L .

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COMMENTS AND SUGGESTIONS:

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