ML20236H613
| ML20236H613 | |
| Person / Time | |
|---|---|
| Issue date: | 06/16/1998 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20236H538 | List: |
| References | |
| SECY-98-028-C, SECY-98-28-C, NUDOCS 9807070286 | |
| Download: ML20236H613 (3) | |
Text
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NOT ATIO N VOTE
- j. RESPONSE SHEET L 1 L TO: John C. Hoyle, Secretary 5- FROM: COMMISSION' ER MCGAFFIGAN-i !
SUBJECT:
SECY-98-028 - REGULATORY OP flONS FOR SETTING STANDARDS ON CLEARANCE OF MATERIALS AND )
. EQUIPMENT HAVING RESIDUAL RADIOACTIVITY r
Approved --X Disapproved Abstain I
l- Not Participating Request Discussion-COMMENTS:
- . I approve Option 3 subject -to the at'. ached comments.
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SIGNATURE adal % //- .
' Release Vote / x / -
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' Withhold Vote / /
Entered on "AS" Yes -
F No L
9907070286 990630 i POR COPMB fGtCC f:
CORRESPONDENCE PDR {
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Commissioner McGaffiaan's Comments on SECY-98-028
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lIsupport'0ption3.-.toproceedindependentlytopromulgateadose-based
- regulation for clearance. I agree with Commissioner Diaz that this effort should begin in fiscal year 1999. I would recommend an enhanced participatory rulemaking process similar to'that used for Part 35, including-use of the L Internet'home'page to solicit comments prior to start of the formal rulemaking process.
I do not agree that there is no compelling. health and safety need for ciearance standards. In'3ECY-98-075 on DSI-24 Implementation, the staff istated: "The release of materials from licensed facilities appears to merit c:
risk-informed approach to rulemaking. Insignificant safety benefits (emphas_is sadded) have been realized from the. expenditure of agency and licensee resources associated vith this issue." A rulemaking that reduces expenditure, of:NRC and licensee resources; devoted to insignificant safety benefits l
presumably frees up~those limited resources'for more safety-significant-purposes. Moreover, we can not-disregard economic costs caused by gaps in our regulations. 'That was a major motivation in my support of rulemaking on l generically licensed devices. LAs a general matter we need to give higher , '
.p?iority in our rulemaking efforts to cost-beneficial.or burden reductionL
- rulemakings; ,
'ILrecognize that this rulemaking effort will not.be without controversy and p that. it might .have been preferable to work jointly with EPA, for instance, especially.in light of the~large volume of DOE material that would not be-subject to our rulemaking. EBut EPA rulemaking now appears years away._ i l' agree with Commissioner Diaz that a standard proposed'for clearance should not be a-detectability standard. I believe that the NRC proposed standard
'should draw from the IAEA's' interim report and the SAIC analysis. It should
.also draw from ongoing practice with regard'to. NORM and NARM (such as the ,
encouragement for coal ash to be recycled in building materials). In dealing l J
with technologically-enhanced NORM, there obviously is.not a detectability
^ threshold.for' clearance. Nor is'detectability the standard for gaseous and liquid effluents under Part' 20.
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With regard tolthe-first issue raised by staff if Jption 3 is chosen. I am not opposed to restrictedLrelease or graded control options within the rule for 'j ce.rtain categories of material, but I believe the' focus of the rulemaking should be'on the codified clearance levels above background for unrestricted use that are adequately protective of public health and safety.
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With'regardito.the ;econd issue, I would prefer that the proposed release rule be c6mprehensive and apply to all metals, equipment and materials, including cs' oil.' ;If problems that.would. delay completing the rulemaking arise in certain
-categories ofLsolid~ materials then'a-decision can be.made then to narrow the
- scope of.the rule.
a' LFirially, on thel third issue, as I said above. I would follow an enhanced participatory rulemaking process similar to the Part 35 revision process and I
- would'put particular emphasis'on enhanced early Agreement State input.
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. NUCLEAR REGULATORY COMMISSION UNITED STATES WASHINGTON, D C. 20555-0001 g
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,! June'30. 1998.
....+
- . OFFICE OF THE h
SECRETARY g
MEMORANDUM TO: L. Joseph Callan '
Executiv D or for Operations G G FROM: John C. H yle, crEary S'UBJECT: S FF REQUIREMENTS - SECY-98-028 - REGULATORY OPTIONS FOR SETTING STANDARDS ON CLEARANCE OF '
MATERIALS AND EQUIPMENT HAVING RESIDUAL RADIOACTIVITY "The Commission has approved Optior. 3 to proceed independently to promulgate a dose-based regulation for clearance of materials and equipment having residual radioactivity. The staff should notify EPA of the planned actions in this regard. This effort should begin in FY 1999.
The staff should pursue an enhanced participatory rulemaking process similar to the Part 35 revisica process, including use of the Intemet home page to solicit comments prior to start of ~
l _ the formal rulemaking process with particular emphasis on enhanced early Agreement State
. input. The proposed standard for clearance should not be a detectability standard, but should draw from the IAEA's interim report and the SAIC analysis. . It should also draw from ongoing practice 'with regard to NORM and NARM (such as the encouragement for coal ash to be :
recycled in building materials). The rulemaking should focus on the codified clearance levels atgma background for unrestricted use that are adequately protective of public health and safety. This level should be based on realistic scenarios of health effects from low doses that .
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still allows' quantities of materials to be released. The rule should be comprehensive and apply to all metals, equipment, and materials, including soil. If problems that would delay completing the rulemaking arise in certain categories of solid materials, then a decision can be made to narrow the scope of the rule.
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' SECY NOTE: THIS SRM, SECY-98-028, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
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