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Re: USA licensing regs
There were some basic discussions about USACE and FUSRAP and regulation.
This is a very interesting area that I have heard many things about, but can
offer no comments because I just don't know.
Can somebody offer some information about how FUSRAP sites are controlled
and how sub-contractors area licensed to do work at these sites. I have
talked with some people doing work at some sites and have heard that no
licensing is required.
This just don't make sense to me. Is the USACE in control under and NRC
license? Is DOE in control - or at least providing some sort of
administrative license support?
Does anybody know?
Tom O'Dou
tom_dixie@msn.com
-----Original Message-----
From: McCormick, Luke <mccormickl@hq.hqusareur.army.mil>
To: Multiple recipients of list <radsafe@romulus.ehs.uiuc.edu>
Date: Thursday, August 27, 1998 11:39 PM
Subject: RE: USA licensing regs
>Kenny,
> Sorry to worm out of this one, but I left USACE for DA Europe in May
>'97, before they got the FUSRAP program. Its an interesting problem,
>though. Give me a couple of days to check with some old co-workers and I'll
>try to find out.
>
> My opinion, at first glance, is that USACE was given the mission to
>clean up the FUSRAP sites, novation of the clean-up, not ownership of the
>sites. I would not expect USACE to have any regulatory authority (there
tend
>to be problems when the military starts regulating the civilians). DOE may
>not have been funded to regulate the FUSRAP materials, but I think they
>still have ownership, and I would think that implies regulatory authority.
>
> I seem to remember that NRC and DOE were working together to try to
>standardize the regs so that they were completely compatible. Maybe Mr.
>Willis or someone can tell us whether this was just a dream I had or if
>there is work on this
>
> Since USACE works worldwide, 385-1-1, and 385-1-80 were written in
very
>generally, (note that without consultation with the HP folks at the CX, the
>USACE action limits are 1/10th of NRC dose limits.) to try to be in
>compliance with all Federal, State, host nation regs. Both documents were
>written before USACE got the FUSRAP program, and were geared toward the
>types of remediation we were doing then; EPA Superfund sites in Landsdown,
>Ottawa, Ames Labs, Montclair-Glenridge, US Radium, the Air Force pipe
>sites, and the ALE at Hanford. I remember the 3 tiered approach to dose
>limits was copied out of the Richland Office's implementing order for one
of
>the 5000 series DOE orders just for the Hanford project.
>
>
>
>
>> ----------
>> From: Fleming, Kenneth[SMTP:knflemin@bechtel.com]
>> Reply To: radsafe@romulus.ehs.uiuc.edu
>> Sent: Thursday, August 27, 1998 6:58 PM
>> To: Multiple recipients of list
>> Subject: RE: USA licensing regs
>>
>> 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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>> > >
>> >
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