ML20212B536
| ML20212B536 | |
| Person / Time | |
|---|---|
| Issue date: | 10/10/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Oxley M HOUSE OF REP. |
| References | |
| NUDOCS 9710280115 | |
| Download: ML20212B536 (3) | |
Text
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't UNITEo STATES l'
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I'g NUCLEAR REGULATORY COMMISSION WA$HINGTON. D.C. 20666 4001 October 10, 1997 comuAN
-The !bnorable Michael G. Oxley Hwie Comerce Comittee Suburnittee on Finance and Hazardous Materials U.S. House of Representatives Washington. DC 20515 3504-
Dear Congressman Oxley:
As you know, the Comission has been concerned in several areas in the event that Congress should enact Superfund reauthorization legislation.
In particular, the Comission would like to see legislation which would achieve finality in Comission decisions in site decontamination and decomissioning, avoid negative impact on NRC's Agreement State program and avoid inappropriate use of Safe Orinking Wrter Act established Maximum Contaminant levels for cleanup of radionuclides.
The Comission has written previously to the Congress stating policy views on these issues, in addition, that was the subject of my telephone conversation with you several weeks ago.
Comission staff has also met with your staff to discuss our concerns.
In this connection, we have reviewed the draft legislative product of our staff to-staff discussions and find that it would achieve the policy objectives set forth in our letters to Congress.
-1 Consequently, we support the enclosed alternative draft legislation.
If you wish to discuss any of these matters further, please feel free to contact me or my staff.
Sincerely.
])h
Enclosure:
As stated O ',' u n d 1
?DR 00 N f
CORRESPONDENCE PDR
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LEGIStATIVE MEMORANDUM IN SUPPORT OF PROPOSED CERCLA AMENDMENT in July 1997, the Nuclear Regulatory Commission issued a final rule that establishes the radiological enteria for the termination of licenses that fall under the regulatory authority of the Commission. These regulations provide a clear and consistent regulatory basis for determining the adequacy < remediation of residual radioactivity resulting from the possession of Atomic Energy Act material. Creating an additiona! cleanup standard, whether by Federal statute or by regulation, may make it extremely difficult for the cleanup of a site containing residual radioactivity to reach finality. As a result, potential cleanup liability of parties who have been associated with an affected site may be viewed as being limitless in duration and amount. The proposed amendment is intended to establish that NRC's cleanup standards are protective for CERCLA purposes, and that NRC standards govem the cleanup of sites and materiallicensed by the Commission.
The amendment is needed not only because of potential conflicts on the Federallevel, but because of implications for the States. Section 274 of the Atomic Energy Act of 1954 provides a program under which an interested State may enter into an agreement with the Commission (thereby becoming an Agreement State) for the Commission to discontinue its authority over radioactivo material within the State. (The Commission retains continuing responsibility to review the State's regulatory program to ensure, among other things, that the program is adequate to protect the public health and safety and is compatible with the Commission's program ) Currently, there are 30 Agreement States. As part of its agreement, an Agreement State may undertake to regula'
- e. termination of Atomic Energy Act materiallicenses.
Accordingly, some States als.
sue radiological criteria for the termination of licenses. The State's enteria must be at least as stringent as the Commission's la order for the State program to be found compatible, and may be more stringent than the Commission's. Based on past experience, most Agreement States willlikely adopt the Commission's cleanup criteria, which are supported by the data presented in the Commission's Generic Environmental Impact Statement for its final cleanup rule. The proposed amendment would avoid the development of conflicts between the standards presenbed by CERCI.A or EPA, on the one hand, and the enteria developed by the Commission and the Agreements States, on the other hand.
The proposed amendment would make it clear that the standards issued by the Commission and Agreement States would govern cleanup of Atomic Energy Act material at licensed facilities. The Commission or an Agreement State would invoke the application of CERCLA i
only in circumstances where it is necessary to effect adequate cleanup. That could conceivably be the case in rare cases where the regulatory effoits of the NRC or an Agreement State have not accomplished results that are satisfactory to the NRC or the Agreement State.
The amendment of section 101(10)(K) would make it clear that the exceptions to the notification and liability provisions of CERCl.A sections 102 and 107 that apply to Federally permitted releases of Atomic Energy Act material by a licensee also apply to a release of Atomic Energy Act material after a license has been terminated. This would ensure that releases presenting the same risk receive the same treatment under the notification and liability requirements of the Act.
i
NUCLEAR REGULATORY COMMISSION PROPOSED DRAFT LEGISLATION TO AMEND CERCLA
- 1. Section 121 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9621) is further amended by adding the following new paragrapn at the and of subsection (b):'
- (4) SOURCE, BYPRODUCT, AND SPECIAL NUCLEAR MATERIAL-No authority of this Act may be used to commence an administrative orjudicial action with respect to source, special nuclear, or byproduct material that is subjec' to decontamination regulations issued by 3
the Nuclear Regulatory Commission for license termination undcr the Atomic Energy Act of 1954, or by a State which has entered into an agreement pursuant to section 274b. of that Act, unless such action is requested by the Nuclear Regulatory Commission or, in the esse of such mater 4/ *Nor the junsdiction of a State which has entered into an agreement pursuant to section 26.. of that Act, the Govemor of the State.
- 2. Sect'on 101(iC) of the Comprehensive Environmental Response, Compensatioit and Liability Act (42 U.S.C. $9601(10)) is amended by inserting the following before the period at the end os paragraph (K):
- or any release of such materialin accordance with regulations of the Nuc' ear
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Reguintory Commission following termination of a license issued by the Nuclear
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Regulatory Commission pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 62011 et seq.) or by a State acting under an Agreement entered into pursuant to section 274 of the Atomic Energy Act of 1954.*
Note that the section of ths bill that contains this amendment'should also contain a separate provision that provides the following:
"the amendment of sectbn 101(10)(K) contained in this section shall be effective only with respect to licenses terminated on or after the effective date of this Act."
Note that this placement of the proposed amendment of section 121 is based on draft bill provisions developed by members of t'r' House Commerce Committee. The exact placemsnt of the amendmera :n the legislation will depend on the version of the bill under considerttion.
Conforming changes may also be needed in other provisions of the bill.
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