ML20216G191

Responds to 980219-20 Ltrs from T Fields & R Wilson to L Callan,Edo.Ltrs Responded to Draft MOU Sent on 970806 & Ltr That Forwarded Us NRC Comments on Us EPA Guidance Document

ML20216G191
Person / Time
Issue date:	04/09/1998
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Browner C ENVIRONMENTAL PROTECTION AGENCY
Shared Package
ML20216G195	List: ML20216G191 ML20216G207 ML20216G221 ML20216G227
References
NUDOCS 9804200032
Download: ML20216G191 (5)

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UNITED STATES e

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NUCLEAR REGULATO3Y COMMISSION Distribution:

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JBlaha CPaperiello, NMSS RNelson, NMSS The Honorable Carol M. Browner KCyr, 0GC Administrator GT980103/GT980114 EDO r/f U.S. Environmental Protection Agency 401 M. Street, S.W.

- Washington, D.C. 20460

Dear Administrator Browner:

I am responding to letters dated February 19 and 20,1998, from Acting Assistant Administrators Timothy Fields, Jr., and Richard D. Wilson, to L. Joseph Callan, our Executive Director for Operations. These letters responded to the draft Memorandum of Understanding (MOU) that I sent you on August 6,1997, and my letter to you dated December 12,1997, that forwarded U.S.

Nuclear Regulatory Commission (NRC) comments on the U.S. Environmental Protection Agency's (EPA) guidance document dated August 22,1997, concoming cleanup of radioactive contamination at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites.

The Commission appreciates your staffs effort in developing these respesos, but believes that fundamental differences exist between the two agencies, on the basis for protection of public health and safety and the environment. We further believe that our fundamental differences extend beyond the small number of sites discussed in the February 20,1998 letter to other areas of our Jurisdiction and has the potential to severely impact areas such as high level waste, transportation, and the widespread use of radioactive material in medicine and industry.

The reiteration of your agency's commitment to its current regulatory approach and CERCLA standards differs from our commitment to fundamental radiation protection standards, as described in national and intemational standards. In addition, the NRC considers costs, benefits and socio-economic factors as well as risk, when developing its radiation protection standards.

We recognize that the resolution of the differences between EPA and the NRC is a matter of policy that can best be solved by Congressional action and last September, I submitted a legislative proposal to the Congress for its consideration. Dual regulation is wasteful of both govemment resources and the resources of American citizens to whom the regulations apply.

We continue to believe, consistent with the standards of the intemational community, that the approach used in NRC's cleanup rule provides all the regulation necessary for adequate protection of public health and safety and the environment.

Sincerely,

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9804200032 980409 Shirley Ann Jackson PDR COMMS NRCC CORRESPONDENCE PDR l

Originated by:- [RNelson,NMSS]

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The Honorable Carol M. Browner *

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Should you agree that such a meeting could be productive, I suggest that representatives of the Department of Energy, Department of Defensei, and the Office of Management and Budget participate in such discussions.

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I look forward to your response., ~'

Sincerely, Shirley Ann Jackson DISTRIBUTION: G980103 & G980114 Central File LLDP rM DWM t-rM NMSSr#

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UNITED STATES h

NUCLEAR REGULATORY COMMISSION Distribution:

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April 9, 1998 PNorry CHAMAN riello, NMSS RNelson, NMSS KCyr, 0GC The Honorable Carol M. Browner GT980103/GT980114 Administrator E00 r/f U.S. Environmental Protection Agency 401 M. Street, S.W.

Washington, D.C. 20460

Dear Administrator Browner:

I am responding to letters dated February 19 and 20,1998, from Acting Assistant Administrators Timothy Fields, Jr., and Richard D. Wilson, to L. Joseph Callan, our Executive Director for Operations. These letters responded to the draft Memorandum of Understanding (MOU) that I sent you on August 6, ';37, and my letter to you dated December 12,1997, that forwarded U.S.

Nuclear Regulatory Commission (NRC) comments on the U.S. Environmental Protection Agency's (EPA) guidance document dated August 22,1997, concerning cleanup of radioactive contamination at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites.

The Commission appreciates your staffs effort in developing these responses, but believes that fundamental differences exist between the two agencies, on the basis for protection of public health and safety and the environment. We further believe that our fundamental differences extend beyond the small number of sites discussed in the February 20,1998 letter to other areas of our jurisdiction and has the potential to severely impact areas such as high level waste, transportation, and the widespread use of radioactive material in medicine and industry.

The reiteration of your agency's commitment to its current regulatory approach and CERCLA standards differs from our commitment to fundamental radiation protection standards, as described in national and intemational standards. In addition, the NRC considers costs, benefits and socio-economic factors as well as risk, when developing its radiation protection standards.

We recognize that the resolution of the differences between EPA and the NRC is a matter of policy that can best be solved by Congressional action and last September, I submitted a legislative proposal to the Congress for its consideration. Dual regulation is wasteful of both govemment resources and the resources of American citizens to whom the regulations apply.

We continue to believe, consistent with the standards of the intemational community, that the approach used in NRC's cleanup rule provides all the regulation necessary for adequate protection of public health and safety and the environment.

Sincerely, Shirley Ann Jackson Originated by:

[RNelson,NMSS]

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The Honorable Carol M. Browner Should you agree that such a meeting could be,p oductive, I suggest that representatives of the Department of Energy, Departrnent of Defe e, and the Office of Management and Budget participate in such discussions.

Ilook forward to your response.

/

Sincerely, Shirley Ann Jackson DISTRIBUTION: G980103 & G980114 Central File LLDPr#

DWM t-rA NMSSrM NMSS DO rA EDOr4 JCallan HThompson SBums KCyr JGreeves MFederline Fcameron CJones PTressler CPoland DOCUMENT NAME:A:\\ BROWNER.WPD

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The Honortble Carol M. Browner Administre. tor U.S. Environmental Protection Agency 401 M. Street, S.W.

Washington, DC 20460

Dear Administrator Browner:

I am responding to letters dated February 19 and 20,1998, from Acting Assistant Administrators Timothy Fields, Jr., and Richard D. Wilson, to L. Joseph Callan, our Executive Director for Operations. These letters responded to the draft Memorandum of Understanding (MOU) that I sent you on August 6,1997, and my letter to you dated December 12,1997, that forwarded U.S. Nuclear Regulatory Commission comments on the U.S. Environmental Protection Agency's guidance concerning cleanup of radioactive contamination at Comprehensive Environniental Response, Compensation, and Liability Act (CERCLA) stes.

sN The Commission appreciates'yQur staff's effort in developing these responses, but lieves that fundamental differences exist beyeen the two agencies, on the basis for protecti of the public health and safety and the enyironment, that cannot be resolved by further iscussions at the staff level. We believe that our ~ erences of opinion on what constitutes otectiveness of human health and the environment e nds beyond the small number of site discussed in the February 20,1998, letter, to other areas f our jurisdiction. The reiteration your agency's commitment to CERCLA standards and a roach differs from our own co mitment to fundamental radiation protection standards, described in national and ' temational standards. Resolution of these differences is a atter of policy at the h' hest levels of our agencies. Therefore, consistent with our MOU da d March 16,1992, suggest that we meet to discuss approaches to resolving these difference including possi le legislation. Should you agree that such a meeting could be productive, I ggest that r resentatives of the Department of Energy, Department of Defense, and the ice of anagement and Budget participate in such discussions.

l I look forward to your response.

Sincerely, Shirley Ann J ckson DISTRIBUTION: G980103 & G980114 C:ntrrl File LLDP r/f DWM t-r/f NMSS r/f NMSS r/f EDO r/f JCallan HThompson SBurns KCyr JGreeves MFede ine Fcameron CJones PTn:ssler CPoland DOCUMENT NAME:A:\\ BROWNER.WPD

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- The Honor:ble C rol M. Browner Administrator U.S. Environmental Protection Agency 401 M. Street, S.W.

Washington, DC 20460 Dear Administrator Browner; I am responding to letters dated February 19 and 20,1998, from Acting Assistant Administrators Timothy Fields, Jr., and Richard D. Wilson, to L. Joseph Callan, our Executive Director for Operations. These letters responded to the draft Memorandum of Understanding that I sent you on August 6,1997, and my letter to you dated December 12,1997, that

. forwarded U.S. Nuclear Regulatory Commission comments on the U.S. Environmental Protection Agency's guidance concerning cleanup of radioactive contamination at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites.

The Commission appreciates your staff's effort in developing these responses, but believes that fundamental differences exist between the two agencies, on the basis for protection of the public health and safety and the environment, that cannot be resolved by further discussions at the staff level. We believe that our differences of opinion on what constitutes protectiveness of human health and the environment extends beyond the small number of sites discussed in the February 20,1998, letter, to other areas of our jurisdiction. The reiteration of your agency's commitment to CERCLA standards and approach differs from our own commitment to fundamental radiation protection standards, as described in national and international standards. Resolution of these differences is a matter of policy at the highest levels of our agencies. Therefore, consistent with our Memorandum of Understanding dated March 16, 1992, I suggest that we meet to discuss approaches to resolving these differences, including possible legislation. Should you agree that such a meeting could be productive, I suggest that representatives of the Department of Energy, Department of Defense, and the Office of Management and Budget participate in such discussions.

I look forward to your response.

Sincerely, Shirley Ann Jackson TICKET:G980103 & G980114 DISTRIBUTION:

Central File LLDP r/f DWM t-r/f NMSS r/f NMMS DO r/f EDO r/f JCallan HThompson SBurns KCyr CPaperiello WKane JGreeves MFederline FCameronCJones PTressler CPoland DOCUMENT NAME:A:\\BROVyNER.WPD

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