RE: EPA's authority in setting decommissioning standards

["Spell, Bill" <bills@deq.state.la.us>]

And if one wanted to quote you on this, who would they say said it????  I 
think it is another example of EPA's wanting to be the big dog in the 
radiation arena but not having as big a stick (or as much expertise) as the 
NRC.  Now you see another reason for states continuing to ask for a SINGLE 
federal agency to deal with radiation matters.......and we have for years. 
 The alphabet soup of agencies is almost as confusing to states as it is to 
the regulated community, and the states seem to be becoming more like the 
regulated community!  I'm glad I can see the day when I retire.

This is definitely my opinion, and I'm glad I said it.  I didn't clear it 
with anyone, and if I'm not here tomorrow, you'll know why!  <GRIN>

Bill Spell
bills@deq.state.la.us
 ----------
From: radsafe
To: Multiple recipients of list
Subject: EPA's authority in setting decommissioning standards
Date: Thursday, August 08, 1996 2:03PM

About a month ago, Judd Sills asked for clarification of the EPA's 
regulatory
authority over decommissioned NRC-licensed sites.  Since I have seen no 
answer
on the question, I will take a stab at it.

EPA has stated that Reorganization Plan No. 3 of 1970 [35 Federal Register
15623]
transferred to EPA the functions of the Atomic Energy Commission under the
Atomic Energy Act of 1954 to the extent that such functions of the 
Commission
consist of establishing generally applicable environmental standards.
Therefore
EPA claims the authority to set generally applicable standards applying to
decommissioning.

The AEC was to enforce EPA's generally applicable standards through 
regulation
of discharges to the environment.  EPA's standards would apply outside the
boundaries under the control of persons possessing or using radioactive
materials.
However, once a license is relinquished, the site is outside the boundary of
the
NRC's control.  Therefore the EPA regulations become effective.

The EPA is proposing to accept NRC approval of decommissioning at a site as
meeting the EPA's requirements.  However, EPA would do so only if it
considered
NRC regulations adequate.  If EPA did not consider NRC's requirements
adequate, then after the site had been released by the NRC, the owner would
then
have to clean up to meet EPA standards.

In this way EPA is claiming to have the last say.  Is all this legal?  I'm
not a lawyer,
so I can't possible say.  But it is what EPA is claiming.