RE: USA licensing regs

["Fleming, Kenneth" <knflemin@bechtel.com>]

Luke,  Not to put you on the spot, but since you are or were recently with
the USACE, please tell me who now regulates the radioactive material that is
being remediated on the FUSRAP program?  Up until October 1997, the
radioactive material fell under the contractual jurisdiction and rules
promulgated by the Department of Energy (DOE).  After novation (change of
contractual management ownership) of the contract from the DOE to the USACE
there have been many questions as to who truly is responsible for regulatory
authority.

Except for several commercial facilities that were forced by Congress into
being funded by FUSRAP dollars the product and waste material was generated
for the old AEC for weapons production.  Since novation of the contract the
DOE has no funding to regulate radioactive materials at FUSRAP sites.  USACE
states that they are "acting as agents for the DOE" to remediate the
property and therefore have no regulatory authority.  It is also my
understanding that USACE has contacted the NRC at high levels and the NRC
does not want to regulate the material.  More confusion abounds when the you
look into several of the USACE's documents:  Safety and Health Requirements
Manual (EM-1-1), Radiation Protection Manual (EM 385-1-80), or Radiological
Safety (ER-1-80).  They all appear to refer to NRC type regulatory
requirements.  Until the end of the year, when our contract with USACE
terminates, we have been instructed to use 10CFR835 (DOE's occupational
radiation protection rule).

The question has been brought up several times to DOE and USACE upper ups
with varying (180 degree) opinions.  The Natural Resources Defense Council
has also formally questioned the regulatory authority in an article printed
by The Energy Daily (Monday, May 11, 1998) and has threatened an injunction
to stop all remedial activities.  This is only my opinion and read on the
issue.  If there are other items which I'm not aware of, I hope other
RADSAFERS can provide them.

Kenny Fleming CHP CSP
knflemin@bechtel.com
(423.220.2306) 



> -----Original Message-----
> From:	McCormick, Luke [SMTP:mccormickl@hq.hqusareur.army.mil]
> Sent:	Thursday, August 27, 1998 9:24 AM
> To:	Multiple recipients of list
> Subject:	RE: USA licensing regs
> 
> David, 
>    NRC regulates Source, Byproduct and Special Nuclear Material, 
> NRC allows Agreement states to run their own rad program.
> Most agreement states and many non-agreement states have rad protection
> programs that do regulate NARM, as well as x-ray machines.
> OSHA pretty much copied NRC's 10 CFR 20 and applies it to all rad
> materials,
> though  the only action and enforcement I have seen is in non-NRC
> regulated
> arenas.
> Some local governments also have ordinances  involving radioactive
> materials, I have heard that some have even declared themselves "Nuclear
> Free".
> As you can see, you sometimes end up with a large number of interested
> regulators.
> Sorry, its starting to sound like " Who's on First?"
> 
> Luke McCormick, RPSO
> HQ USAREUR & 7A
> ODCSPER Safety Division
> Unit 29351
> APO, AE 09014
> DSN 370-6917, Comm. 06221-57-6917
> Fax: DSN 370-6102, Comm. 06221-57-6102
> mccormickl@hq.hqusareur.army.mil
> 
> 
> 
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