ML20005F279
| ML20005F279 | |
| Person / Time | |
|---|---|
| Issue date: | 12/22/1989 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Jeanne Johnston SENATE, ENERGY & NATURAL RESOURCES |
| Shared Package | |
| ML20005F280 | List: |
| References | |
| CCS, NUDOCS 9001160126 | |
| Download: ML20005F279 (2) | |
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UNITED STATES
.Dy' NUCLEAR REGULATORY COMMISSION a
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, WASHWGTON, D. C,30006 -
l December 22, 1989 1
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4 {.A The-Honorable J.,
Bennett Johnston, Chairman Committee on Energy and Natural Resources 1
United States Senate Washington rD. C.
-20510
Dear-Mr. Chairman:
I am responding to :your November 13, 1989 requests: for the
-Nuclear. Regulatory Commission's'(NRC's) views on S.1304, the
" DOE Nuclear Safety and Environment Act," and S.1802, the
" Department.of Energy Nuclear Facilities Act of 1989."
These y"
bills largely~ address nuclear safety and waste cleanup at Department of Energy -(DOE) nuclear facilities.
Our comments 1
are restricted ~to those provi. ions of the bills that.would affect the NRC's regulatory program.
1L1191 Section 304 -of S.1304 would change the definition of solid waste set forth-in-Section 1004(27) of the Solid Waste Disposal c
Act to include the' radioactive component of mixed radioactive andihazardous' waste.
This revised-definition would not only.
apply to= waste generated at DOE facilities, but also to facilities ~ regulated by the NRC.
The NRC strongly opposes this change.
Under:present law, NRC has-sole jurisdiction over the source, byproduct,'and special nuclear material components of
- commercialimixed waste under the Atomic Energy Act..and the Environmental Protection Agency (EPA) has jurisdiction over the hazardous waste-component under the Resource Conservation and
. Recovery Act.
In our view, this change would further compli-
~
cate ansa 1 ready cumbersome system of NRC-EPA dual regulation of commercial mixed waste by providing EPA'with shared
~
- s jurisdiction over the radioactive component.
NRC's regulation
'of the radioactive components of the waste is fully adequate to protect the public health and safety and the environment.
There is no justification for additional regulation of the radioactive component of the waste.
Therefore, we unequi-vocally recommend that this proposed change not be enacted, t
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.c 5.1802-Title IV'of S.1802 relates to radioactive waste remediation research.
Section 402 requires DOE. in consultation with EPA, NRC and the National Academy of Sciences, to establish a comprehensive program of research, development, demonstration, and transfer to the private sector of advanced methods for the management of mixed waste generated at DOE nuclear facilities.
.The Commission supports this proposed program and believes a consultative role for the NRC is appropriate.
Section 403 of the bill, however. gives the NRC greater responsibility.
This section would require the NRC. in con-sultation with EPA. to develop model standards and regulations for the disposal of mixed wastes generated at DOE facilities.
DOE would fund the NRC effort.
The NRC opposes this provision because it would require NRC to develop a scheme for regulation of activities outside'of NRC's purview that are only remotely related to NRC responsibilities for regulating commercial mixed waste.
With'the exception of facilities for disposal of high-level wastes and Greater-than-Class C low-level wastes.
NRC has no_ regulatory. responsibility for DOE waste activities.
The-Commission has consistently opposed any legislation which would give.the NRC authority over other military-related activities of_ DOE.
Accordingly, we are opposed to being required to develop model regulations applicable to DOE defense facilities not currently subject to NRC regulation.
-Section 701 of-Title VII of t,he bill would revise the defini-
-tion of solid waste in the Solid Waste Disposal Act. 42 U.S.C.
6903(27), to exclude waste emplaced in a high-level-radioactive
- waste' repository.
The Commission supports this provision because it'makes it explicit that high-level radioactive waste and spent nuclear fuel-are not subject to dual regulation under the Nuclear Waste Policy Act of 1982 and the Solid Waste Disposal Act.
Dual regulation is not necessary to protect the public health and safety and the environment from the disposal of high-level radioactive waste and-spent nuclear fuel.
If you or members of your Committee have further questions regarding these bills, please do not hesitate to contact me.
Sincerely.
Kenneth M. Carr cc:
Senator James A. McClure i
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COMMITTEE ON.
c ao sus.E...'sY.o' c5 eY.v'I..s.a o.mtv ENERGY AND NATURAL RESOURCES '
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i NOV 13 I!B9
- Chairman Lando W..Zech, Jr.
U.S. Nuclear Regulatory j
Commission =
Washington,.DC-20555
Dear-Chairman Zech:
i The Senate Committee on Energy and Natural Resources is herewith
- transmitting'8./35[ for.your study and report.
Please send your report, along with 50 copies, to the Committee on Energy and Natural R2 sources,'SD-364, Dirksen Senate Office Building, Washington, DC 20510,' Attention:
Mia' Miranda.
Hand delivered copies should be taken'
'to-SD-317.-
-Submit your report within 30 days.
If you cannot do so, let us know as~soon as possible.
Sinc
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