ML20206S799
| ML20206S799 | |
| Person / Time | |
|---|---|
| Issue date: | 05/06/1999 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Collins S CONFERENCE OF RADIATION CONTROL PROGRAM DIRECTORS |
| Shared Package | |
| ML20206S806 | List: |
| References | |
| NUDOCS 9905240005 | |
| Download: ML20206S799 (1) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION e
WASHINGTON, D.C. 20555-0001 M ay 6,1999
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CHAIRMAN Mr. Steven C. Collins, Chairman Conference of Radiation Control Program Directors, Inc.
205 Capital Avenue Frankfort, Kentucky 40601
Dear Mr. Collins:
'I am responding to your April 8,1999, letter, in which you express the interest of the Conference of Radiation Control Program Directors, Inc. (CRCPD) in staff proposals to revise regulations for uranium recovery facilities. You urge that a representative of the U.S. Nuclear Regulatory Commission (NRC) attend the CRCPD workshop planned for late summer 1999.
The NRC is pleased to be invited and will send a representative to participate in the CRCPD summer meeting.
j As you note in your letter, our staff held meetings in August 1998 in several Western States to l
discuss proposed changes to the current regulations governing the operation and reclamation of uranium recovery facilities. These meetings were part of an effort staff initiated to gather feedback from stakeholders regarding the development of a rule specific to the regulation of uranium recovery facilities. As part of its evaluation of the regulatory framework for uranium recovery operations, staff is considering the issues raised in the White Paper submitted to the Commission by the National Mining Association (NMA) in April 1998. In a June 1998 letter (enclosure) to Ms. Katie Sweeney, Associate General Counsel for the NMA, I notified NMA of the NRC plans and committed to solicit the input of stakeholders, including the States, other Federal Agencies, and members of the public, regarding Commission decisions on the proposed rulemaking and issues raised by NMA.
The staff recently forwarded three papers for Commission review and approval that include a rulemaking plan and discussion of two key issues -- regulation at in-situ leach facilities and the processing of alternate feed material. At the direction of the Commission, these papers (SECY-99-011,99-012, and 99-013) were recently made publicly available through the Public Document Room and NRC website. At this time the Commission tentatively is planning to have an open meeting to discuss current uranium recovety regulatory issues, during the week of June 14,1999, here at our offices in Rockville, Maryland. We would like to invite you to participate in this meeting as a representative of the CRCPD and Agreement States.
When you have further details about the time and place of the upcoming CRCPD workshop, please notify John Greeves, Director of the Division of Waste Management, at (301) 415-7437.
Sincerely, c D.'OO3 I'
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' M'CD Shirley Ann Jackson s
Enclosure:
June 1998 letter to K. Sweeney, NMA 9905240005 990506 PDR COMMS NRCC CORRESPONDENCE PDR
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I CHAIRMAN Ms. Katie Sweeney Associate General Counsel National Mining Association 113017th Street, N W.
Washington, D.C. 20036-4677 j
Dear Ms. Sweeney:
On April 22,1998, the National Mining Association (NMA) provided the Commission with a White Paper entitled " Recommendations for a Coordinated Approach to Regulating the Uranium Recovery Industry." In the White Paper, NMA provides its views on four areas regarding the regulation of uranium recovery facilities, in which it would like the Commission te develop a policy. These four areas relate to: 1) concurrent jurisdiction by the U.S. Nuclear Regulatory Commission (NRC) and individual States over the nonradiological hazards of lie.(2) byproduct material; 2) NRC jurisdiction over ground water at in situ teach facilities; 3) disposal of material other than 11e.(2) byproduct material in tailings impoundments; and 4) NRC's attemate feed policy for mills wanting to process material other than natural ore. In the White Paper, NMA recognizes that NRC staff has positions on these matters, but NMA requests that the Commission review these issues, and develop a formal agency policy.
Presently, NRC staff is evaluating the entire framework under which uranium recovery operations are regulated and is developing a detailed approach on how best to proceed be submitted to the Commission for approval in the near future. As the NMA White Paper recognizes, one option is a rulemaking to either revise the current 10 CFR Part 40, or promulgate a new part specifically for uranium recovery facilities. Regardless of whether rulemaking is the preferred option of the Commission, the issues raised in the NMA White Pap will be considered and NRC will solicit input from affected parties including the States and other Federal agencies, and members of the public. This approach will also afford the Commissio the opportunity to decide whether a formal agency policy is necessary. Therefore, we do n plan to respond separately to the NMA White Paper, but will do so in coordination with t current effort of evaluating the uranium recovery framework.
It is important to understand that at least two of the issues you raised are directly related to NRC's responsibilities under the Uranium Mill Tailings Radiation Control Act of 1978 (UMTR and as a result, NRC may have limitad regulatory flexibility in this area.
Enclosure I
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1 2-The Commission appreciates your providing the White Paper to us. It is obvious that significant effort went into its development. The issues you raise are important issues that need to be addressed by the Agency, and we anticipate hearing more on these issues when the Commission meets with the NMA on June 17,1998.
Sincerely, t
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Conference of Radiation Control Program Directors, Inc.
Office of Executive Director + 20; Capital Avenue + Frankfort, KY 40001
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Phone: 502/227 4;43 + fax: 502/227-7862 + Web Mite: wwmcrcpd org Central E-mail: statf a ( rcpd.org April 8,1999 EEC'D Bf SECf 12 APR w.1.; 31 Chairman Shirley Jackson, Ph.D.
U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Board of Directors
Dear Chairman Jackson:
Ch:Irperson steve conins During August of 1998, staff of the U.S. Nuclear Regulatory Commission (NRC) conducted public scoping meetings in several western states concerning the future of uranium Chi /rpirson-Elect mills and tailings regulation. During the public scoping meetings, the NRC received input from Bj$$
various interested stakeholders. Specific changes to the NRC's uranium industry regulatory scheme were suggested in a white paper by the National Mining Association (NM A). The NMA issues ofConcern included jurisdiction over non-radiological aspects of I l.e.(2) material by non-Chil erson Agreement states, jurisdiction over in-situ mining wastes, guidance involving direct disposal of Jill Liooti. Ph.D.
- *'ser non-11.e.(2) material, and processing of alternate feed material for uranium recovery and ultimate Tr:asurer d SpoSal.
JametMctiees Since this initial scoping session last August, no specific strategy has evolved from the u mhers.at.r.,rge NRC regarding the future of uranium mills and tailings regulation which could involve major Cynthia camell changes to the NRC rules. Any new initiative by the NRC regarding rulemaking should include g,yn early input from stakeholders in both Agreement and Non-Agreement States for the uranium mills
,g,,, n and tailings program.
cow =a Garv Robertson The Conference of Radiation Control Program Directors (CRCPD), through the E-5 Committee on Radioactive Waste Management, and the CRCPD Committee SR-1 Subgroup for Exicutive Director Part U - Source Material Milling of the model str.te regulations is another forum in which to solicit ideas regarding changes to Part 40, as well as an alternate viewpoint in regard to issues Cha es Hadn already raised before the Commission. We would urge that a representative of the NRC attend n
the CRCPD Low-Level Waste Regulators Workshop planned for late summer 1999 to provide a status repon and discuss recommendations in regard to possible changes to the NRC rules.
As co-regulators of this imponant industry, we are committed to work together to facilitate a solution that will be supported by all interested parties.
A Partnership Dedicated to Radiation Protection