ML20212C532
| ML20212C532 | |
| Person / Time | |
|---|---|
| Issue date: | 08/27/1999 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20212C516 | List: |
| References | |
| REF-10CFR9.7 SECY-99-214-C, NUDOCS 9909220020 | |
| Download: ML20212C532 (3) | |
Text
r A F F I R M A T I O N VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER DIAZ I
SUBJECT:
SECY-99-214 - OPTIONS FOR PROCEEDING WITH NRC.S
)
EFFORTS REGARDING THE RELEASE OF SOLID MATERIALS Approved Disapproved XX I Abstain
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Not Participating COMMENTS:
See attached comments.
Mme SIGNATUR9 8/'27 /99 DATE Entered on "AS" Yes **
No PJ,2ggg gpo CORRESPONDENCE PDR j
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L COMMISSIONER DIAZ's COMMENTS ON SECY-99-214: " OPTIONS FOR PROCEEDING l
I WITH NRC's EFFORTS REGARDING THE RELEASE OF SOLID MATERIALS" The reason for, and goal of, this proposed rulemaking is to provide reasonable protection of public health and safety and the environment. There is not, and cannot be, any other reason.
The staff knows this better than anyone. This point should have been clearly made in the discussion of Option 1 in the paper. The direction provided by the Commission in the June 30, 1998, SRM to initiate a rulemaking continues to be needed. Without such direction there will be no regulations for the continued control nor consideration for release of NRC regulated solid material (e.g., metals, equipment, soil). The lack of national standards and regulations has led, and will continue to lead, to radioactive material being introduced into the environment without any assurance that public health and safety and the environment are protected. We cannot put this off for the future because the future is now. I believe the Commission must act without delay on this important matter.
Radioactive materials, both naturally occurring and man-made, enter the public domain from myriad sources. Unlike the NRC regulations governing liquid and gaseous effluents from Atomic Energy Act materials, there are no standards or controlling rules goveming release of solid radioactive materials. The regulatory control over solid materiais is uneven. Increasingly, such materials appearin everyday commerce, generally unbeknownst to the people.' The Federal govemment has already recognized this as one of the unavoidable results of an increasingly open global economy. The EPA, working with the Department of State, has begun efforts to develop clearance levels for the importation of very slightly radioactive materials, consistent with intemational practice, as established in draft lAEA standards that are nearing completion. Indeed, other nations have recognized this issue and are ahead of the United i
States in addressing it.
I, therefore, disapprove the staff's recommendation, and approve Option 1. The staff should proceed with the enhanced participatory rulemaking plan and schedule already established. As part of implementing Option 1, I propose the following actions:
1.
The staff should continue work on a generic environmental impact statement to provide the public with the necessary technical information to allow for meaningful public particloation. In this regard, I propose that a series of public meetings to discuss the preliminary generic environmental impact statement be held.
2.
Similar to our process for revising Part 35, periodi Commission meetings should be held at the completion of pertinent milestones. These meetings will provide additional public fora and will keep the Commission informed of public concerns and the progress in developing the rule.
'In the United States, the NRC and Agreement States have approved the release of
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contaminated materials using case-specific evaluations. An example is the current controversy in Tennessee over the State's granting permission to release some slightly contaminated materials resulting from the decommissioning of a facility at Oak Ridge. A consistent and coherent national standard would ameliorate these difficulties.
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Appoint an ombudsman for this sensitive ru'emaking who will be responsible and j
accountable for all activities related to this endeavor. The Ombudsman should have I
direct access to the Commissioners while still working within the established staff organization. The Ombudsman should not be hindered by previous Agency experiences with this issue. I would expect the Ombudsman to keep the Commissioners fully and currently informed of the status and progress of the rulemaking, especially of interactions with the public.
In summary, the NRC rule dealing with clearance of solid materials must establish a holistic regulatory framework that is both orotective and oractical. It is in the Nationalinterest for the NRC to set a regulatory framework that would serve as a model for other governmental agencies, at the Federal, State, and local levels.
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