ML20005F559
| ML20005F559 | |
| Person / Time | |
|---|---|
| Issue date: | 12/22/1989 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Jeanne Johnston SENATE, ENERGY & NATURAL RESOURCES |
| Shared Package | |
| ML20005F560 | List: |
| References | |
| NUDOCS 9001160398 | |
| Download: ML20005F559 (2) | |
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UNITED STATES l
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1 December 22, 1989.
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CHAIRMAN ?
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_The Honorable J'..Bennett'Johnston, Chairman Committee: on ' Energy. and Natural Resources f'
United =3tates' Senate
. Washington,;D. C.'
20510
Dear.Mr. Chairman:
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'I~am responding'to your November 13, 1989 requests for the Nuclear-Regulatory Commission's (NRC's) views on S.1304, the-g' n " DOE Nuclear Safety and Environment Act," and S.1802, the i
1;" Department'of Energy Nuclear Facilities Act of 1989."
These-H xbills largely address nuclear safety and waste cleanup at Department lof Energy-(DOE)1 nuclear facilities.
Our: comments Larecrestricted to those provisions of the bills that would affect the:NRC's regulatory program.
- S.1304
/
Section;3041of-S.1304.would change the definition of solid waste settforth in Section 1004(27) of the' Solid Waste Disposal
' Act :to include, the radioactive component of. mixed radioactive
.and' hazardous waste.
This revised definition would not only'
- apply to waste generated at DOE facilities,'but also to-f acilities ' 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 commercial mixed waste under the. Atomic-Energy Act.'and the i
Environmental 1 Protection. Agency (EPA)-has jurisdiction over the
^
' hazardous waste component under the Resource Conservation and-
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LRecovery Act.-
In.our. view, this change'would further compli-cate an already cumbersome system of NRC-EPA dual regulation of commercial mixed-waste by providing EPA with shared jurisdiction over the radioactive component.
NRC's regulation of the radioactive components of the waste is fully adequate to protect'the' pub ~lic 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.
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Title IV of S.1802 relates to radioactive waste remediation research.
Section 402 requires DOE, in consultation with EPA, i
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 L
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 the bi'll 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 l
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 reguiation is not necessary to protect the public health-end safety and the environment from the disposal ofLhigh-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,
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Kenneth M. Carr cc:
Senator James A. McClure
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