ML20206H468
| ML20206H468 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Minogue R NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| References | |
| NUDOCS 8606260096 | |
| Download: ML20206H468 (6) | |
Text
APR 3 0 W MEMORANDUM FOR:
Robert B. Minogue, Director Office of Nuclear Regulatory Research FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
CONTROL 0F NRC RULEMAKING By memorandum of February 13, 1985, I withheld approval to continue the RES sponsored revision of 10 CFR Part 71, Packaging and Transportation of Radio-active Material until such time that there was justification to continue the ialemaking. Your memorandum of April 16, 1985, provided such justification.
Based on this justification, which should be included in the rulemaking package, I approve continuation of the rulemaking.
The NRC Regulatory Agenda (NUREG_0936) should be modified to reflect the status of this rulemaking.
(Signed) William J.Dirckt William J. Dircks Executive Director for Operations cc:
V. Stello J. Roe H. R. Denton J. Taylor J. G. Davis P. G. Norry Distribution WSchwink DEDR0GR cf JSniezek Central File VStello WDircks ED0 rf JPhilips 8606260096 850430 EDO RM 71 PDR
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i MEMORANDU" FOR: William J. Dircks y0 Executive Director for Operations Qfp6 [jd {
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Robert B. Minogue, Director 4
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SUBJECT:
CONTROL OF NRC RULEMAKING: RES REVIEW 0F a
ONG9ING RES SPONSORED RULEMAKIt'G M'
In my January 29, 1985 r.amorandum on the RES sponsored rulemaking, "Transporta-
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tion of LSA Material" RES recommended that this rulemaking be continued. Your mamorandum of February 13, 1985, pointed out that information from two tables in the Regulatory Analysis accompanying the rulemaking were not addressed in the RES independent review.
(The Regulatory Analysis referred to is a draft document prepared over a year ago and an updating would be part of any con.
tinued rulemaking activity.) These tables indicated that the proposed action would likely increase non-radinlogical deaths and injuries due to traffic acci-dents, which are based on truck miles driven, while only slightly reducing the man-rem exposure at considerable dollar cost. You, therefore, requested that this issue be explained prior to any decision to continue this rulemaking.
The issue you raise regarding the public health and economic costs was considered by both NMSS and RES. However, for this rulenaking activity, the issue involves other considerations besides the economic costs and the rela-tively small differences in public health identified in the regulatory analy-sis. One consideration involves the regulatory intent to assure that low spe-cific activity (LSA) materials continue to be relatively innocuous from a radiological safety viewpoint (i.e., in the same class as uranium ores). To maintain this LSA materials definition, an intent of the rulemaking activity is to define a limit, expressed in terms of a maximum individual radiological dose rate at a prescribed distance, on the direct radiation which LSA materials could impase in the event of a transportation accident. Another consideration is that the patterns of LSA transportation and the composition of shipnents have altered during the past two decades. Ore transport constituted a sizeable fractior, of past shipments whereas a large fractinn of present shipments are reactor wastes, such as dewatered resins.
Without a dose rate linit for LSA materials, which would consider mterial fom and packaging, a severs-transportation accident enuld result in radiation levels which could produce individuc1 radiological doses estimated at several emes >
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tar.s of rens. Radiation loveIs of this magnitur4 veuld recessitate. extarsie LSA claan-up activities thn* rauld cruse widesprerd disrun+1nn. There clean-up ectivities enuld be crn91ox urd tin consu :ing dm. in ocrt ta the n.nt' to prop-crl" pretact cleanun workers. Such tetivities enuld c.eute rcrootion of tra'fic tr:o the mr for artare through lectl reichhorhnnds, nr a' e r.iniru., sarious traffic flow res+rictions.
Ir. BMition, such cr. e.cciduit could strair, or exceed th9 c v bil44.ies of thr-IncAl authnrities to r:51ntein edeqete survail-lance end manitorinn nf evc-ts ir the area, rnd wind-blown resins enuld cause wid' spread enr.ttminn. tion. L'hatevtr the extent of this set of emplicatinns, additinncl costr. and the potertici for increased risk to public health and safe'v could be expected te occur. In edditinn the resulting widespread public sporeb.m sim. nd c.,ncern enuld larr' to substantiel adverse public sentirnnt end perh:ps unwwrented palitical actiar egainst all shipmen +s c' radioP.ctive nate-rial.
Our recvmwdatinns were based on the existinn writter m-tarial supnlemnted be varhal excher. gas er.c' resarch su" knowledoc and,iudotads.
In acenrd.in.e with thn panarcl policy of thr-independent reviewr te riinic.ize extrc effort nn th part of the staff fer the refie e proce.ss, the Rs.gult. tory Ar.r.lv-is wc s nnt updat~d for the purp7ss of rcer.plishing this review. However, the augretec'
,iustification for continuing tha LSA rulemaking describ.?d ir, this nerarer.dum should have been provided initiallv to you, since it does substantially differ from thr-draft Regulatory Analysis.
If further infon:ation is reovired, oleese have your staff contact Williar: R.
Lohs (X37874). No further work will proceed on this rule until vnur approval is received.
Robert B. !!inocua, Director Office of Nuclear Regulatnr,y Research Distribution RAMRB r/f R-M t+.03
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WASHINGTON, D. C. 20555 FEB 131985 MEMORANDUM FOR:
Robert B. Minogue, Director Office of Nuclear Regulatory Research FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
CONTROL OF NRC RULEMAKING l
By menorandum of February 13, 1984, " Control of NRC Rulemaking by Offices Reporting to the EDO," Offices were directed that effective April 1, 1984, (1) all offices under EDO purview must obtain n1y approval to begin and/or continue a specific rulemaking, (2) resources were not to be expended on rule-makings that have not been approved, and (3) RES would independently review rulemaking proposals forwarded for my approval and make recommendations to me concerning whether or not and how to proceed with the rulemakings.
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In accordance with my directive, the following proposal concerning rulemaking l
has been forwarded for my approval.
Proposed revision of 10 CFR Part 71, Packaging and Transportation of Radioactive Material, to change allowed specific activity limits for certain waste shipments.
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(Sponsored by RES - memorandum, Minogue to ED0 dated January 29,1985.) The i
proposal included:
1.
A Regulatory Analysis,
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the sponsoring office (RES) Director's recomendation to continue the rulemaking, 3.
the user office's (NMSS) concurrence with the sponsoring office director's recommendation to continue the rulemaking, and 4.
the RES independent review finding that the rulemaking should proceed.
I call your attention to Tables 1 and 2 of the Regulatory Analysis accompanying the rulemaking. These tables indicate that the rulemaking, if l
finalized and implemented, would likely increase nonradiological deaths and
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injuries due to traffic accidents while only slightly reducing the man-rem exposure at considerable dollar cost.
I note that this matter was not addressed in the RES independent review.
Consequently, I do not approve continuation of this rulemaking until such time as this issue is explained to my satisfaction.
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. The NRC Regulatory Agenda (NUREG 0936) should be modified to reflect the status of this proposal.
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William J. Dircks Executive Director for Operations V. Stello J. Roe H. R. Denton J. Taylor J. G. Davis P. G. Norry l
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RES Central File R-2913.01 CIRC /CHRON RAMRB Subject / Reading DHopkins JMalaro MErnst FGillespie Dross RMinogue JAN 2 9 B85 MEMORANDU:1 FOR: William J. Dircks Executive Director for Operations FROM:
Robert B. Minogue, Director Office of Nuclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING: RES REVIEW OF ONGOING RES SPONSORED RULEMAKING Based on our review of the ongoing RES sponsored rulemaking " Transportation of LSA Material," RES recomends that this rulemaking be continued. This recomendation, in draft form, has been coordinated with the Office of Nuclear Material Safety and Safeguards.
The basis for our recomendation is as follows:
Existing NRC regulations limit the content of LSA packages (which do not o
~have to meet strict NRC accident resistance requirenents) based on potential internel radiation hazards which could result from breach of package integrity during a transportation accident.
In sone cases, these limits are not restrictive enough to adequately linit the consequences of external radiation levels which could result from transportation accidents involving one or more of these packages. This rulenaking would limit the content of LSA packages based on consideration of both internal and external hazards, Consistancy of international and donestic rules enhances safety by unifor-o mity of application and applicability of worldwide experience, The need for new categories of LSA materials as a result of decomissioning o
activities is close at hand.
The direction and scope of this rulemaking has been modified based on coments received fron NMSS in the course of this review. The complete RES review packagehasbeensenttoOEDO(Attention: DEDROGR) end to the Director, Office of Nuclear Material Safety and Safeguards.
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NC obert B. Minogue, Director 4
Office of Nuclear Regulatory Research
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