ML20207B142

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Responds to in Which Recipient Expressed Interest of CRCPD in Staff Proposals to Revise Regulations for U Recovery Facilities.Record Copy
ML20207B142
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
References
NUDOCS 9905280130
Download: ML20207B142 (9)


Text

. ~ Mr. Stev:n C. Collins, Chairm::n

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Conf:r:nce of Radi: tion Control D

Progrcm Dir:ctors, Inc.

205 Capital Avenue Frankfort, KY 40601

Dear Mr. Co!! ins:

I am responding to your April 8,1999, letter, in which you express the interest of the Conference of Radiation Control Program Directors, Inc. (CRCPp) in staff proposals to revise regulations for uranium recovery facilities. You urge that a repr sentative of the U.S. Nuclear Regulatory Commission (NRC) attend the CRCPD workshop anned for late summer 1999.

NRC is pleased to be invited and willsend a representative summer meeting.

participale in the CRCPD As you note in your letter, in August 1998, our staff hel meetings in several Western States to discuss proposed changes to the current regulations overning the operation and reclamation of uranium recovery facilities. These meetings wer part of an effort staff initiated to gather feedback from stakeholders regarding the develo ent of a rule specific to the regulation of uranium recovery facilities. As part of its evalua on of the framework under which uranium recovery operations are regulated, staff is con dering the issues raised % the White Paper submitted to the Commission by the National ining Association (NMA)in April 1998. In a June 1998 letter (enclosure) to Ms. Katie Sween, Associate General Counsel for the NMA, I notified NMA of NRC's plans and committ to solicit the input of stakeholders, including the States, other Federal Agencies, and me ers of the public, regarding Commission decisions on the proposed rulemaking and issue aised by NMA.

At this time the Commission is tenta ' ely planning to have an open meeting to discuss current uranium recovery regulatory issues during the week of June 14,1999, here at our offices in Rockville, Maryland. We will notif you of our plans for this meeting when the schedule is made final.

When you have further details bout the time and place of the upcoming CRCPD meeting, please notify John Greeves, irector of the Division of Waste Management.

9905280130 990506 PDR COMMS NRCC CORRESPONDENCE PDR Shirley Ann Jackson I

Enclosure:

June 1998 letter to K. Sweeney, NMA g [ [.

"This correspondence formulates policy or expands, revises, or interprets policy, involves 7

matters pending Commission decision, contains items related to the performance of Commission duties and responsibilities, or involves items of high Commission interest."

DISTRIBUTION:

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CHAIRMAN CPaperiello, NMSS CAbrams, NMSS Mr. Steven C. Collins, Chairman KCyr, OGC Conference of Radiation Control PLohaus, SP Program Directors, Inc.

G19990194 205 Capital Avenue ED0 r/f Frankfort, Kentucky 40601

Dear Mr. Collins:

i 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.

As you note in your letter, our staff held meetings in August 1998 in several Western States to discuss proposed changes to the current regulations governing the operation and reclamation i

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, othe; Federal Agencies, and members of the public, regarding Commission decisions on the proposed rulemaking and issues raised by NMA.

i The staff recently fonvarded three papers for Commission review and approval that inclu' e a d

rulemaking plan and ciscussion 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. > nd 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 recovery 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, b{(v Shirley Ann Jackson

Enclosure:

June 1998 letter to K. Sweeney, NMA Originated by:

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June 16, 1998 CHAIRMAN Ms. Katie Sweeney Associate General Counsel National Mining Association 113017th Street, N.W.

Washington, D.C. 20036-4677

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 to 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 leach 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 that will 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 Paper 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 Commission the opportunity to decide whether a formal agency policy is necessary. Therefore, we do not plan to respond separately to the NMA White Paper, but will do so in coordination with the 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 (UMTRCA) and as a result, NRC may have limited regulatory flexibility in this area.

Enclosure M AM h/-

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The Commission appreciates your providing the White Paper to us. It is obvious that significant j

l effort went into its development. The issues you raisr, 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.

1 Sincerely, h"

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Shirley Ann Jackson l

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Conference of Radiation Control Program Directors, Inc.

Office of Executive Director + 205 Capital Avenue + Frankfort, KY 40601 1

i Phone: 502/227-4543 + Fax: 502/227-7862 + Web Site: www.crcpd.org Central E-mail: staff @crcpd.org April 8,1999 nEc'a Df sEcr 12 W 99 li M Chairman Shirley Jackson, Ph.D.

U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 l

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Dear Chairman Jackson:

Ch:Irperson steve C ""'

During August of 1998, staff of the U.S. Nuclear Regulatory Commission (NRC) i conducted public scoping meetings in several western states concerning the future of uranium cicirperson-riec' mills and tailings regulation. During the public scoping meetings, the NRC received input from Dj",y'jy various interested stakeholders. Specific changes to the NRC's uranium industry regulatory scheme were suggested in a white paper by the National Mining Association (NMA). The NMA chriIerson issues of concern includedjurisdiction over non-radiological aspects of 11.e.(2) material by non-Agreement states, jurisdiction over in-situ mining wastes, guidance involving direct disposal of Jill Lincti. Ph.D.

non-11.e.(2) material, and processing of altemate feed material for uranium recovery and ultimate er treesur,r disposal.

James McNegs A*""'

Since this initial scoping session last August, no specific strategy has evolved from the I

members-at-r.orge NRC regarding the future of uranium mills and tailings regulation which could involve major i

Cynthia Cardwell changes to the NRC mies. Any new initiative by the NRC regarding miemaking should include garnidn7autman early input from stakeholders in both Agreement and Non-Agreement States for the uranium mills l

cama and tailings program.

Gary 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 Executive Director Part U - Source Material Milling of the model state 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 M Hadn already raised DCfore 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 report and discuss recommendations in regard to possible changes to the NRC rules.

As co-regulators of this important industry, we are committed to work together to facilitate a solution that will be supported by allinterested parties.

A Partnership Dedicatzd to Radiation Protection MO OMCL Op/.

Page Two The Honorable Chairman Jackson April 8,1999 Please contact Henry Porter at (803) 896-4245 for further details regarding this request.

Thank you for consideration.

Sincerely, b

Steven C. Collins CRCPD Chairman

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John Greeves, Director, NRC Division of Waste Management, NMSS i

N. King Stablein, Acting Chief, Uranium Recovery Branch Paul Lohaus, Director,. NRC Office of State Programs Stan Marshall, Chairman, Organization of Agreement States CRCPD Board ofDirectors Henry Poder, Chairperson, E-5 Committee 1

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Mr. St2v;n C. Collins, Chairmin

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Conf:r;nca of Rtdiation Control l

Program Directors, Inc.

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205 Capital Avenue

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Frankfort, KY 40601

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Dear Mr. Collins:

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3 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, to provide a status report and to discuss CRCPD recommendations related to possible changes in these regulations. This letter is to notify you that NRC will be pleased to send a representative to participate in the CRCPD summer meeting.

/

/

f As you note in your letter, in August 1998, our staff held rpeetings in several Western States to discuss proposed changes to the current regulations gogerning the operation and reclamation of uranium recovery facilities. These meetings were part bf an effort staff initiated to gather f

feedback from stakeholders regarding the development of a rule specific to the regulation of uranium recovery facilities. As part of its evaluatio h recovery operations are regulated, staff is considgn,rf f the framework under whi ng the issues raised in the White Paper f

submitted to the Commission by the National Mi ing Association (NMA)in April 1998. In a June 1998 letter (enclosure) to Mt. Katie Sweeney, Kssociate General Counsel for the NMA, I notified NMA of NRC's plans and committed to solicit tlie input of stakeh'olders, including the States, j

other Federal Agencies, and members of thypublic, regarding Commission decisions on the proposed rulemaking and issues raised by MA.

When you have further details about the ime and place of the upcoming CRCPD meeting, please notify John Greeves, Director o he Division of Waste Management.

Sincerely, Shirley Ann Jackson

Enclosure:

June 1998 letter to K.

weeney, NMA "This correspondence formulates licy or expands, revises, or interprets policy, involves matters pending Commission decision, contains it.' s related to the performance of Commission duties and responsibilities, or involves item of high Commission interest?

DISTRIBUTION:

G19990194 FILE CENTER PUBLIC URLL r/f DWM r/f-t/f NMSS Dir.Off. r/f BSpitzberg/RI NMSS r/f JHolonich CAbrams EDO r/f PTr:ssler FMiraglia WTravers SBurns PLohaus KCyr SECY-CRC-99-0328 JKennedy CPoland DOCUMENT NAME: S:\\DWM\\UR EA\\ DOC 113.WPD

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Mr. St;v:n C. Collins, Ch:irmin Conf;r:nce of Ridirtion Control Program Directors, Inc.

' 205 Capital Avenue Frankfort, KY 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, to provide a sta.us report and to discuss CRCPD recommendations related to possible changes in these regkations. This letter is to notify you that NRC will be pleased to send a representative to participate in the CRCPD summer meeting.

As you note in your letter, in August 1998, our staff held meetings in several Western States to 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 framework under which uranium recovery operations are regulated, 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 NRC's 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.

When you have further details about the time and place of the upcoming CRCPD meeting, please notify John Greeves, Director of the Division of Waste Management.

Sincerely, Shirley Ann Jackson p

Enclosure:

As stated DISTRIBUTION:

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  • d-15'-1999 3:39PM FROM t t-i rt.x-KRAUS. INC.

202 537 5133 P. d 84H,ib.1Lff) 1!5551 eMtd/ / / / /

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Mr. Steven C. Colles, Chairman Conference of Radsten Control Progrant Dweetors, Inc.

205 Capilel Avenue Franidort. KY 40001 Deer Mr. Collins:

I am respmdeng to your April 8,1999, wtuch you express the interest d the Conference ofRadiabm Coritrol Program Desctors, I CRCPO) in staff psoposals to rewme regulooons for uranium enoovery fec4 ties. You uqpe that e representsteve of the U.S. Nuclear Regulatory Commiseon (NRC) attend the CRCPD workshop planned for Isle summer 1900, to provide a status repart and to docuss CRCPD rer.ommendsbons reisted to possible changes in these reguistiorm. This leser is to notify you that NRC win be plassed to send a representehve to particemenin the CRCPD As you rbin your n AugusteF1006 meetingsin severalb kates to docuss proposed changes to current reigulatons garvemog thep greclamation of urarturn recovery facWhos These meebngs were part W en eNortG M/-,

gather W

hwn etshoholders regarding the development of a rule specific to the reguisbon of unmium ncovery m. As part ofits evolueton of the framework underwhich uranium recoveryoperations are regulated, staff is considering the lesues ra'med in the White Paper

=A..:^qto the Commresen by the National Meung Associaban (M4A) in April 1998. In a June 1996 letter (enclosed) to Ms. Katie Seconey, Associate Generet Counsel for the NMA, I notl Red NMA of NRC's plans and committed to solicit the input of staleholders, mclud' G the States, m

other Fedwel Agencies, and members of the pubse, regarding Commesion decisions on the proposed fulemslang erwl issues remed NMA.

When you have further details time and place of the upcoming CRCPD mesteg, pienee noWy John Greeves, Drector of the Dmeion of Waste

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Sincerely, Sheley Ann Jackson Enclosure As stated DEIBIBUDON.

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EDO Principal Correspondence. Control FROM:

'DUE:_04/22/99 EDO CONTROL: G19990194 DOC DT: 04/08/99 FINAL REPLY:

Stsysn C.. Collins Conference of Radiation Control Program Directors, Inc. (CRCPD) l

.TO:

i Chairman' Jackson FOR SIGNATURE OF :

_ Chairman _.

DESC:

ROUTING:

REQUEST.NRC REPRESENTATIVE ATTEND CRCPD LOW-LEVEL Travers

' WASTE REGULATORS WORKSHOP CONCERNING FUTURE OF Knapp UNRANIUM MILLS & TAILINGS REGULATION Miraglia Norry Blaha Burns DATE '04/14/99 Lohaus, SP Cyr, OGC ASSIGNED lTO:

CONTACT:

NMSS Paperiello

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'SPECIAL INSTRUCTIONS OR REMARKS:

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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET I

PAPER NUMBER:

CRC-99-0328 LOGGING DATE: Apr 12 99 ACTION OFFICE:

EDO AUTHOR:

STEVEN COLLINS AFFILIATION:

KENTUCKY ADDRESSEE:

CHAIRMAN JACKSON

' LETTER DATEi Apr 8 99 FILE CODE: MH&S 11 URAN. MILL. TAIL.

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SUBJECT:

REQUEST FOR AN NRC'S REPRESENTATIVE ATTEND THE CRCPD LOW-LEVEL WASTE REGULATORS WORKSHOP TO PROVIDE A STATUS REPORT CONCERNING THE FUTURE i

URANIUM MILLS AND TAILINGS REGULATION ACTION:

Signature of Chairman.

I DISTRIBUTION:

CHAIRMAN, COMRS, RF SPECIAL HANDLING: SECY TO ACK.

CONSTITUENT:

l NOTES:

DATE DUE:

Apr 26 99 l

SIGNATURE:

DATE SIGNED:

AFFILIATION:

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Conference of Radiation Control Program Directors, Inc.

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Office of Executive Director + 205 Capital Avenue + Frankfort, KY 40601 Phone: 502/227-4543 + Fax: 502/227-7862 + Web Site: www.crcpd.org l

Central E-mail: staff @crepd.org s,

April 8,1999

@EC'D Bf SECf 1

12 APR 99 1! 31 Chairman Shirley Jackson, Ph.D.

j U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

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Dear Chairman Jackson:

Ctcirperson S'*v* C "i""

During August of 1998, staff of the U.S. Nuclear Reguhtory Commission (NRC) conducted public scoping meetings in several western states concerning the future of uranium Ch::frperson-Elect mills and tailiDgs regulation. During the public scoping meetings, the NRC received input from

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various interested stakeholders. Specific changes to the NRC's uranium industry regulatory y,

scheme were suggested in a white paper by the National Mining Association (NMA). The NMA Cn: lie' son issues of concern includedjurisdiction over non-radiological aspects of 11.e.(2) material by non-r Agreement states, jurisdiction over in-situ mining wastes, guidance involving direct disposal of Jill Linati. Ph.D.

  • *mer non-11.e.(2) material, and processing of alternate feed material for uranium recovery and ultimate Treasurer disposal.

James McNees d*""'

Since this initial scoping session last August, no specific strategy has evolved from the semaers.,r.targe NRC regarding the future of uranium mills and tailings regulation which could involve major Cynthia Cardwgli Changes to the NRC rules. Any new initiative by the NRC regarding rulemaking should include Carly iDPut from stakeholders in both Agreement and Non-Agreement States for the uranium mills Kathlee Kaufman camomia and tailings program.

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 Executive Directo, Part U - Source Material Milling of the model state regulations is another forum in which to solicit ideas regarding changes to Part 40, as well as an alternate viewpoint in regard to issues U"*1*,'nU"y"*"

already raised before the Commission. We would urge that a representative of the NRC attend the CRCPD Low-Level Waste Regulators Workshop planned for late summer 1999 to provide a status report and discuss recommendations in regard to possible changes to the NRC rules.

As co-regulators of this important industry, we are committed to work together to facilitate a solution that will be supported by all interested parties.

l I

A Partnership Dedicated to Radiation Protection Me,L W

Page Two The Honorable Chairman Jackson April 8,1999 Please contact Henry Porter at (803) 896-4245 for further details regarding this request.

Thank you for consideration.

Sincerely, kb Steven C. Collins CRCPD Chairman ec:

John Greeves, Director, NRC Division of Waste Management, NMSS N. King Stablein, Acting Chief, Uranium Recovery Branch Paul Lohaus, Director,. NRC Office of State Programs Stan Marshall, Chairman, Organization of Agreement States CRCPD Board ofDirectors Henry Porter, Chairperson, E-5 Committee

  • 4-15-1999 3:39PM FROM et:.14t.H-KRAUS. INC.

202 537 5133 P. 2 i

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I Mr.19teven C. Collins, Chairman Consorerum of Radshon Control Prograrn Dwectors, Inc.

205 CapitalAvenue Franidort, KY 40001 Deer Mr. Collins:

I am ressonding to your April 8,1999, which you express theinterest of the Coneererce of Radiation Control Program Drectors, Inc. (CRCPD) in staff proposals to j

revise nuulebons for uranium recovery facilities. ~You u'ge that a representabve of the U.S. Nuclear Regulatory Commissen (NRC) attend the CRCPD workshop planned for late surnmer 1999, to provide a status report and to discuss CRCPD recommendacons related ttl possible d..ye6 in those regulations. This letter is to notify you that NRC will be pb to send a representatrve to participate in the CRCPD summerireLg.

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t As you p in your Anquet i

held rrs^ 55 in several 2

b to~ discuss changes to the current regulat%ns goveming the opersbori and reclamation of uranium recovery facilities These meetings were part of an efforti gather feedback from stakeholders regarding the developrnent of a rule specific to the regulation of uranium recovery facilities. As part of its evaknition of the kamework under which uramurn recovery operations are regulated, stasis etnsidenng the issues raised in the White Paper submitted to the Commission bythe Notonal Mining Associabon (NMA) in April 1998. In a June 1998 letter l

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  • h-15-1999 3:39PM FROM FETZER-KRAUS. INC.

202 537 5133 P. 3 n n.u.as>>

s swe e ooose<uo tCv. 4 su V.o (enclosell) to Ms. Katie Sweeney. Associate Genemi Counset for the NMA, I nobfied NMA of plRC/s plans and committed to sclicit the input of stakeholders, including the States, cher Federal Agencies and members of the public, regarding Ceis.,s.;.sion decision 0 on the proposed rulemaking and issues raised by MA.

When yoJ have further details the time and place of the upcoming CRCPD meebng, please notify John Greeves. Drector of the Division of Weste Management #

yourpine Sincerely, i

l Shirley Ann Jackson I

i Enclosuris: As stated 4

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