ML20237C527
| ML20237C527 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/1991 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Shapiro M ENVIRONMENTAL PROTECTION AGENCY |
| Shared Package | |
| ML20237C508 | List: |
| References | |
| FOIA-98-224 NUDOCS 9808210249 | |
| Download: ML20237C527 (3) | |
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l Michael H.
Shapiro Deputy Assistant Administrator for Air and Radiation I
U.S.
Environmental protection Agency 401 M Street, S.W.
Washington, DC 20460
Dear Mr. Shapiro:
In response to our productive meeting with you and your staff on August 16, 1991, vc have carefully ctnsidered options for reconsideration of Subparts T and W of 40 CTR Part 61.
I am i
enclosing for your consideration a copy of our proposed approach for demonstrating that the existing regulatory program under the Atomic Energy Act already provides protection of the public with an ample margin of safety.
We look forward to discussing this proposal with you and your staff on September 4, 1991.
Sincerely, 1
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,. e Robert M.
Dernero, Director Office of Nuclear Material Safety and safeguards
Enclosure:
As Stated 9808210249 980812 PDR FOIA FIELDS98-224 PDR.
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W without modifications to 40 CFR Part 192 on the basis that NRC's existing program alzeady provides an ample margin of safety.
5.
If the comparison in item 3 indicates that maximum lifetime risks f rom radon emissions generally' exceed EPA's risk framework, then NRC will cooperate with EPA in developing by June 30, 1992, proposed amendments to the standards in 40 CFR Part 192 to:
- Require all non-operational tailings impoundments to comply with the 20 pCi/m s emissions limit by January 1,
1997, with provisions for up to two one-year extensions of this date based on technical feasibility considerations.
- Require licensees to perform a one-time measurement of radon emissions through earthen covers using the Standard Method identified in Appendix 115 (of 40 CFR Part 61) as a basis for site-specific validation of the design calculations for radon barriers.
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- Require operational tailings impoundments (both existing and future) to comply with the 20 pCi/m's emissions limit as demonstrated through measurements of radon flux using Standard Method 115 (of 40 CFR Part 61).
I EPA will justify these standards under the A'.omic Energy Act I
and Uranium Mill Tailings Radiation Control Act on the basis that they are needed to provide adequate protection to the l
public and environment.
NRC will then incorporate these standards in conforming amendments to 10 CFR Part 40, Appendix A.
The Agreement States would implement compatible requirements as Division,I items of compatibility.
These I
amendments, in conjunction with the current regulatory l
programs of NRC and the Agreement States, will then be used by EPA as the basis for rescinding Subparts T and W because these programs will provide an ample margin of safety.
6.
NRC will conduct enforcement actions in accordance with Appendix C of 10 CFR Part 2 to compel licennee adherence to reclamation plan schedules, except for instances where the licensee demonstrates that cover placement in accordance with the schedule would be premature because consolidation is not yet complete.
NRC will also allow extensions of reclamation schedules because of factors beyond the control of the licensees (e.g.,
adverse weather conditions, litigation, and contractor bankruptcy).
'I f the comparison indicates that a limited number of mills pose the greatest risks, but that most mills pose risks below the l
benzene risk levels, then NRC and Agreement States will cooperate to compel licensees to mitigate these releases without the need to
,j amend EPA standards in 40 CFR Part 192.
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l SUEJECT ACSTRACT:
flRC PROPOSAL FOR EPA RECONSIDERAT10tl 0F SUCPARTS T & W 0F 40 CFR PAP.T 61
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