ML20238E048

Advises That Work on Rulemaking Re Disposal of Radwaste Below Regulatory Concern Begun,Per Staff Requirements Memo M860806,dtd 860812.Advanced Notice of Proposed Rulemaking Prepared,Per Commission Request

ML20238E048
Person / Time
Issue date:	10/17/1986
From:	Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20238E005	List: IA-87-506, Forwards Paper Requesting Commission Approval to Publish Advance Notice of Proposed Rulemaking on Disposal of Radwastes Below Regulatory Concerns,For Concurrence & Signature ML20238E004 ML20238E014 ML20238E018 ML20238E031 ML20238E036 ML20238E044 ML20238E048 ML20238E052
References
FOIA-87-506 NUDOCS 8709140081
Download: ML20238E048 (2)

Text

_ _ _ _

p OCT 171986 207.6/KD/86/10/14 I MEMORANDUM FOR:

Eric 5. Beckjord, Director Office of Nuclear Regulatory Research FROM:

John G. Davis, Director Office of Nuclear Material Safety and Safeguards

SUBJECT:

ANPRM ON BELOW REGULATORY CONCERN In accordance with the Commission's instructions (see enclosed staff requirements memorandum, M860806, August 12, 1986 from the Secretary to the Executive Director for Operations, et. al.) we have begun limited work on a rulemaking concerning disposal of radioactive wastes below regulatory concern.

The advance notice of proposed rulemaking (ANPRM) requested by the Commission has been prepared.

Following Commission approval, it will be published to solicit public comment.

Since the Commission has already decided to consider rulemaking on this subject, we intend to consider and analyze public comments received in response to the ANPRM.

Assuming the analysis of comments does not rule out the feasibility of rulemaking on this subject, we will prepare the required documents for the Control of Rulemakings procedures at that time.

(SIGNED) Donald B. Mausshanft a

1 John G. Davis, Director y,j O Office of Nuclear Material Safety

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and Safeguards

Enclosure:

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207.6/KD/86/10/14 MEMORANDUM FOR:

Eric S. Beckgord, Director Office of Nuclear Regulatory Research FROM:

John G. Davis, Director 1

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and Safeguards

SUBJECT:

ANPRM ON BELOW REGULATORY CONCERN In accordance with the Commission's instructions (see enclosed staff h

requirements memorandum, M860806, August 12, 1986 from the Secretary to the 1

Executive Director for Operations, et. al.) we have begun limited work on a J

rulemaking concerning disposal of radioactive wastes below regulatory concern. The' advance notice of proposed rulemaking (ANPRM) requested by the Commission has been prepared.

Following Commission approval, it will be published to solicit public comment.

Since the Commission has already decided to consider rulemaking on this subject, we intend to consider and analyze public comments received in response to the ANPRM. Assuming the analysis of comments does not rule out the feasibility of rulemaking on this subject, we will prepare the required documents for the Control of Rulemakings procedures at that time.

John G. Davis, Director Office of Nuclear Material Safety and Safeguards

Enclosure:

Memo dtd. 8/12/86 cc: James Sniezek, ED0 Patricis Norry, ADM DISTRIBUTION:

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REFER TO:

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I Kerr, SP MEMORANDUM FOR:

Victor Ste11o, Jr.

Denton Executive Director for Operations Taylor Ross Carlton Kammerer, Director

.KDragonette Office of Congressional Affairs

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Joseph J. Fouchard, Director Office of Public Affairs h

el J. Chilk, Secretary FROM:

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SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 11:30 A.M., WEDNESDAY, AUGUST 6, 1986, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)

I.

SECY-86-204 - Policy Statement on Radioactive Waate Below Regulatory Concern The Commission, by a 4-0 vote, approved publication of a pol cy statement which establishes-standards and procedures for expedi-tious action on petitions to exempt certain radioactive waste as halow regulatory concern.

The Commission also approved a modification (attached) which indicates that the Commission will also be publishing an Advanced Notice of Proposed Rulemaking within 90 days.

The Commission has also agreed that proposed and final rulemakings on individual petition requests will be subject to Commission approval.

The Federal Register Notice should be revised to reflect the above changes and forwarded to SECY for signature and publication in the Federal Register.

OCA and OPA should advise the appro-priate Congressional Committees and make the appropriate public announcement.

(EDO)

(SECY Suspense ASAP)

The staff is requested to draf t an Advanced Notice of Rulemaking and forward it to the Commission for review and approval.

(EDO)

(SECY Suspense:

10/14/86)

Attachment:

Rec'd Off. EDO As stated g,g.gg M DCjf' 'Re groject AMQ cc:

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9-States will be competing for space in the existing sitas and'the, concept should be applicable nationwide.

Agreement States will' play an important role in ensuring that the system works on a national basis and that it remains equitable.

States have been encouraging findings that certain wastes are below regulatory concern and do not have to go to low-level waste sites. The States have been voicing this

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view for a number of years through forums such as the Conference of Radiation Control Program Directors.

Rulemakings granting petitions will be made a matter of compatibility for Agreement States. Consequently, rulemaking will be coordinated with the States.

IV.

Future Action w i//

The Com-ission =, :;r.; M........,....,,J., n n:- -* - conductiswra generic rulemaking on waste streams below regulatory concern based on a number of factors.

The factci-s include public comments received on the statement, the number and types of petitions for rulemaking received, and how effective the statement is in enabling timely processirg of petitions.

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to provide a more efficient and effective means of accomplishing the goals ja $heece Nol.'sa. $ Avf* so e Aole **e O s2 U f

re'flected in Section 10 of the Act.A Furthermore, the Commission may g p,4 A.

p periodically review all rulemakings in order to assure that the relevant W# M '8 #* l parameters have not changed significantly and tnay ask the petitioner to submit

.