ML20236S042
| ML20236S042 | |
| Person / Time | |
|---|---|
| Issue date: | 07/15/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Hardin C CONFERENCE OF RADIATION CONTROL PROGRAM DIRECTORS |
| Shared Package | |
| ML20236S043 | List: |
| References | |
| NUDOCS 9807240097 | |
| Download: ML20236S042 (4) | |
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e NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 30866-0001
,,g # July 15, 1998 Mr. Charles M. Hardin, Executive Director Conference of Radiation Control Program Directors, Inc.
' 205 Capital Avenue Frankfort, KY 40601
Dear Mr. Hardin:
Thank you for the June 11,1998, letter to Chairman Jackson submitting a resolution adopted by the Conference of Radiation Control Program Directors, Inc. (CRCPD). The resolution requests that the Nuclear Regulatory Commission (NRC) reconsider its position on its lack of jurisdiction over residual material, (in your letter referred to as 11e.(2) byproduct material),
processed before the Atomic Energy Act of 1954, (AEA),42 U.S.C. 2011 et seq., was amended by the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), P.L.95-604,92 Stat.
3021. This reconsideration was requested with particular interest in the impact on the material in the Formerly Utilized Sites Remedial Action Program (FUSRAP) with the transfer of program activities from the Department of Energy (DOE) to the Army Corps of Engineers (COE).
Prior to the enactment of UMTRCA, neither the Atomic Energy Commission (AEC) nor the NRC claimed statutory jurisdiction over the tailings from ore processed for source material. NRC exercised some safety and environmental control over such tailings only in conjunction with the licensed processing of ore for source material, drawing primarily on National Environmental Policy Act requirements for environmental mitigation. The passage of UMTRCA in 1978 gave NRC statutory authority over such tailings, but only over tailings resulting from activities licensed by NRC on the effective date of the Act (November 8,1978), or thereafter. See, Section 83 of the Atomic Energy Act of 1954, as amended. Therefore, NRC does not have jurisdiction over uranium mill tailings generated by activities not licensed by NRC on or after 1978. This view reflects NRC's position regarding the scope of its statutory jurisdiction. As such, NRC does not have discretion to follow a different approach absent specific direction from Congress.
In the context of FUSRAP, it is our understanding that many of the sites involved contain material which does not fall under NRC's jurisdiction because the residuals at the listed sites were generated by activities not licensed by NRC when UMTRCA was enacted. As such, NRC i\
1 today has no basis to assert any regulatory authority over the handling of those residuals at \
those sites. While there are several FUSRAP sites which may contain material (e.g., source material) other than that discussed above, NRC has not exercised jurisdiction at these sites because remediation activities were to be accomplished under DOE control.
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gg y 3 g Charles M. Hardin in implementing its mission to protect the public health and safety from the hazards of radioactive material, NRC is limited by its statutory authority and is required to operate within those constraints. As such, it is appropriate, as noted in the resolution itself, that CRCPD plans to communicate its views to the responsible Senate and House Subcommittees. NRC has been following efforts by the COE, the DOE, and the Congress to clarify the jurisdictional questions related to the COE's implementation of FUSRAP. NRC will take any appropriate actions within our regulatory jurisdiction once this issue is resolved.
l Sincerely, l
W
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' ichard L Bangart, Director /
Office of State Programs v j-l l.
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Charles M. Hardin 2 L 151998 in implementing its mission to protect the public health and safety from the hazards of radioactive material, NRC is limited by its statutory authority and is required to operate within those constraints. As such, it is appropriate, as noted in the resolution itself, that CRCPD plans to communicate its views to the responsible Senate and House Subcommittees. NRC has been following efforts by the COE, the DOE, and the Congress to clarify the jurisdictional questions related to the COE's implementation of FUSRAP. NRC will take any appropriate actions within our regulatory jurisdiction once this issue is resolved.
Sincerely, j lC Af . W ii ^
Richard L. Bangart, Director Office of State Programs i
i i
l l
l Distribution:
DIR RF (8G384) ,
EDO RF (G980384) !
SECY (CRC-98-0560) DCD (SP03) i SDroggitis PDR (YES/)
DOCUMENT NAME: G:\CRCPDRES.DMS h l PREVIOUS CONCURRENCE. '
1 D recolwe e copr of thle document, indicate in the box: "C" = Copy without attachment / enclosure "E" e Copy wit att)c1 enclosure "N" = No copy ;
i OSP !
l OFFICE l OSP:DD l URB /DWM l \ bd(C
, OSP:D[ _
l NAME DMSollenberger:gd:kk PHLohaus JJHolonich FXCameron RLBangart'L/T ,
DATE 06/29/98
- 06/29/98
- 06/29/98
- 07//p8 07/g/98 ' l 1 07/14/98 * '
Charl;s M. H:rdin, Executiva Director Conf:r:nce of R:diation Control Program Directors, Inc.
205 Capital Avenue Frankfort, KY 40601
Dear Mr. Hardin:
Thank you for the June 11,1998, letter to Chairman Jackson n adopted submitting by tho Conference of Radiation Control Program Directors,Inc (CRCPD). Thefdsolution requests that the Nuclear Regulatory Commission (NRC) reconsider its position on its lack of jurisdiction over 11e(2) byproduct material processed before the enactmen}ff the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978. This reconsideration ) Mas requested with particular interest in the impact on the material in the Formerly Utilized Sites Remedial Action Program (FUSRAP) with the transfer of the implementation responsibility from the Department of Energy (DOE) to the Army Corps of Engineers (COE). _.
The NRC staff has evalurad this issue. Until the passage of UMTRCA, the NRC did not have .
jurisdiction under the Atomic Energy Act of 1954 (AEA) over tiie wastes from the processing of ores for their source material content. Under UMTRCA Title'll (42 USC Section 2014), the NRC assumed jurisdiction over the material at sites actively licensed at that time (1978). Materials at sites with terminated licenses are covered under Title 1.{42 USC Section 7911) of UMTRCA if they are designated in UMTRCA or were specifically,d'esignated by DOE or Congress.
However, UMTRCA does not address jurisdiction over much of the material covered under FUSRAP such as some of the material generated'under the Manhattan project or materials under the control of DOE. DOE had already initiated the Formerly Utilized Sites Remedial Action Program (FUSRAP) in 1974, four years prior to the passage of UMTRCA. Although some of the materials at FUSRAP sites map meet the AEA definition of 11e(2) byproduct material, the material does not fall under the scope of either Title I or Title il of UMTRCA.
Therefore, the material does not fall under the NRC's regulatory authority nor that relinquished to the States through the Agreement State program.
/
We are concerned with public health and safety, but NRC is limited by its statutory authority and is required to work within thosfconstraints. Thus , NRC considers it appropriate that your resolution also addressed an action to convey CRCPD's position to responsible Senate and House Committees and Suticommittees. NRC has been following efforts by COE, DOE and the Congress to clarify the jurisdictional questions related to the Corps' implementation of FUSRAP.
NRC will take any appropriate actions within our regulatory jurisdiction once this issue is resolved. ,
/
Sincerely,
- l. Richard L. Bangart, Director
, Office of State Programs Distribution:
l- DIR RF (8G384) DCD (SP03)
SDroggitis PDR (YES/)
BUsilton CRCFD File
- DOCUMENT NAME: G:\CRCPDRES.DMS To rece6ve a copt of this docueneest, Indicate in the box: "C" = Copy without attachment /encicaure "E" = Copy with attachrnent/ enclosure "N" = No copy OFFICE OSPM@ l q QSP:DD l URB /DWM OGC l l OSP:D l NAME- DMSollenbefger :gd JJHolonichn AA'c # FXCameron l RLBangart
{At.MausM DATE 06/498 06/4h/98 06/7)'98 06/ /98 l 06/ /98 OSP FILE CODE: SP-C-7 l
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