ML20237C522
| ML20237C522 | |
| Person / Time | |
|---|---|
| Issue date: | 06/27/1991 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Oge M ENVIRONMENTAL PROTECTION AGENCY |
| Shared Package | |
| ML20237C508 | List: |
| References | |
| FOIA-98-224 NUDOCS 9808210242 | |
| Download: ML20237C522 (3) | |
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.q % UMTED STATES f
ic- .i NUCLEAR REGULATORY COMMISSION oh, ,' , #,1 wAsmNGToN. O C. FM
%,,,,, m t * 'NI Ms. Margo T. Oge, Acting Director Of f ice of Radiation Programs
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U.S. Environment l Protection Agenry 401 M Street SW Washington, DC 20460
Dear Ms. Oge:
The purposes of this letter are to: (1) document our understanding of how the Environmental Protection Agency (EPA) and the fluclear Regulatory Commission (liRC) will consult on activitics related to EPA's current rulemaking on Subpart I of a0 CFR Part 61, and (2) express our' concerns about Subparts T and W of 40 CFR Part 61.
By way of background, Section 112(d)(9) of the Clean Air Act (CAA) Amendments of 1990 requires that EPA consult with flRC during the' conduct of EPA rulemakings on whether ilRC's regulatory program provides an ample margin of safety to protect the public health. On f ebruary 27, 1991, we met with Richard Guimond and others to discuss EPA plans for obtaining source / receptor configuration information, f rom flRC and its Agreement State licensees subject to Subpart I, through a survey.
At that meeting, we committed to providing EPA with lists of flRC and Agreement State licensees, by various categories of licensed activities. We have generated such a list of our licensees (minus licensees possessing scaled sources only, wh would be exempt) and are in the process of obtaining the Agreement State in f orma t ion. These lists will be sent to Albert Colli of your staff shortly.
TheOf'ficeofManagementandBudget(OMB)heldameetingonNpril 11, 1991, on the proposed EPA survey of licensees subject to Subpart 1. Representing OM8 were Art fraas, Ron Minsk, and Steve Goldberg. Richard Guimond, Bill Gunter, and four others represented EPA. Representing tN tlational Institutes of itcalth (tilH) were Bob Zoon and Ted f.owlker, flRC was represented by John Austin, Ron Bellamy, and Kitty Dragonette. At that necting, EPA made the following commitments: (1) EPA will share all information with flRC, including raw data received from the survey of hRC licensees; (2) EPA will work with flRC to better understand flRC's overall regulatory program, including how the "As low As is Reasonably Achievable" principle is impicmented; (3) EPA will be ficxible, realistic, cooperative, and will consider changes to assumptions; and (4) EPA will share with flRC its results (i.e., COMPLY code results) as it proceeds in the study, and will consult with flRC to determine if the tiRC program can be
, changed to correct any problems identified. OMB asked that it be kept informed of the progress of the interactions between EPA and flRC during the course of the study. EPA also indicated that it would keep OMB informed c,f the overall progress in the program, flRC recently adopted major revisions to 10 CFR Part 20, " Standards for Protection ?, gainst Radiation." A significant addition to those regulations is the requirement that:
The licensee shall use, to the extent practicable, procedures and engineering controls based upon sound radiation protection principles to achieve occupational doses and doses to members of the public'that 3 are as low as is reasonably achievable (' LARA)
A (10 CFR 620.1101(b)). /.(,e e 9808210242 980812 '
PDR FOIA I FIELDS99-224 PDR u.
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)i e-flargo T. Oge Since ALARA will become mandatory, not exhortatory, on the effective date of the revised Part 20 for all licensees, flRC has initiated the process for developing I guidance on what constitutes ALARA for emissions from licensee facilitics and on how to demonstrate compliance with this ALARA requirement. Such guidance should be an important consideration in the aforementioned second commitment, regarding EPA's understanding of flRC's overall regulatory program.
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We are comitted to working extensive!y with EPA on the study of emissions from licensed facilitics. flRC believes that if the study is conducted in a reasonable manner, and if suf ficient consultation takes place on ifRC's current and evolving l program, EPA will be able to make the determination that the ilRC program provides an "ampic margin of safety" and be able to revoke Subpart I for all licensecs. ]
flow that Subpart I is stayed, implementation of Section 112(d)(9) of the 1990 I l
CAA Amendments for this subpart is proceeding in a reasonabic manner. On the l
other hand, EPA's recent response to Senator Alan Simpson suggests that EPA has not developed a schedule for reconsideration under Section ll2(d)(9) of Subparts T and W for radon emissions from uranium nill tailings. I urge you to proceed promptly with your reconsideration of Subparts T and W and to address interim {
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concerns we have, related to the impending deadline of Occcmber 15, 1991, for closure of non-operational impoundments.
With regard to the reconsideration, our letter dated February 12, 1990, asked that EPA reconsider Subparts T and W, as well as Subpart 1. We stated that, {
l "flRC strongly believes that dual regulation of itRC-licensed facilitics, as '
would be provided in all three subparts, is unnecessary from any health and safety or environmental standpoint and is undesirabic as a matter of policy."
We continue to hold this view and believe that the 1990 CAA Amend ents provide !
j the flexibility to remedy the situation. I As you are aware, tailings remain hazardous for thousands of years, and your !
requirements in 40 CFR Part 192 were developed to address these time frames. I Our licensees aircady have approved reclamation plans and schedules for these wastes designed to meet the long-term stability requirements established by your standards in Part 192, and reflected in Appendix A to our regulations in 10 CFR Part 40. In EPA's rulemaking for Subparts T and W. EPA acknowledged the physical limitations and problems associated with early closure before adequate drying time to provide a stable foundation for the covers. Consequently, we expect that you would agree that it is in the best interest of the public to close thesc sites in a manner that gives priority to the long-term hazards tht se ,
l materials represent, rather than arbitrary deadlines addressing short-term considerations. It is also in the best interest of the public for the Federal Government to avoid imposing centlicting requirements on licensces. Our technical concerns with premature coverage of tailings are sufficiently high to make us consider inYoking Section 122 of the CAA, that provides for NRC to set aside CAA standards that would compromise public health and safety.
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. Margo T. Oge -3 Since EPA has not initiated'the process that would revoke Subparts T and W, and EPA's regional of fices are implementing these ef fective regulations, it is likely that dual regulation will extend past the December 15, 1991, deadline. If the December 16, 1991, deadline remains in effect. we are concerned that orders that EPA may issue or compliance agreements EPA may negotiate with licensees may compromise our license conditions and the long-tern stability of the sites. To avoid such compromises, we ask that we be notified at least 3 months ahead of tirm (i.e. . by mid-September 1991) of any orders or planned actions that would af fect the reclamation plans or schedules. Such notice would enibir us to negotiate nutually acceptable plans for reclamation before EPA takes formal action, and would provide lead time for any license amendments necessary to accomodate the dual requirements. Any disagreements on appropriate reclamation actions wevld need to be resolved quickly. Any natters that cannot be resolved at the staf f level should be promptly clevated to cur respective regional nanagement or to Headquarters upper management, including consideration by the Administrator ar.d Commission', if necessary.
Please confirm your agreement with our proposal for managing the interin impacts of Subparts T and W and indicate the appropriate contact (s) for site specific actions and :'olicy issues. Mr. Ramon E. Hall, Director of cur Regico IV liranium Recovery Field Of fice is the appropriate contact for licensing matters at specific sitas subject to Subparts T and W. He can be reached on FTS 554 5800, and his .
address i M0 Sims Street, Suite 100, Golden, Colorado 80401. Generic policy l issues steuld ':e addressed to me. I can be reached a t 301-492 3352.
i:ccr.use cf the irportance of the Congressior, ally manda ted ef fort on bpart I, i 1 r,rcrose that we meet once a nonth threughout the course of the stuoy to discuss the status cf it, to discuss any problems or issues that are energing, and to ciplore alternative solutions to those problems or issues. I propose that our first ret tir.] te held at 9:00 a.m. on July 12, 1991. Also, I propose that our staf fi have weekly telephone contacts to discuss ongoing activities of both agencio. John Austin of my staf f will be our contact for this effort; he can be reached at 201-492-0560.
I look forward to working with you in your current capacity.
Sincerely, W.,,1) Rc W '4 -
, Pobert 11. Bernero, Director I e
Of fice of Huclear Paterial Safety and Safeguards 31str 4ution: Central Flief HMSS r/f LLDR r/f HDenton
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l DATE:06,35/91 -
/14/91:05/17/91:;3/17/91:05/17/91:05/14/91:05/23/91:rf/j//91 :r[j/g//91 t]
0Fl!CIAL PECOPD 00FY
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