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OCR for page 97
6
Organizations Concerned with Radiation Protection
of the Public
INTRODUCTION
This chapter describes the important national and international
organizations concerned with radiation protection of the public, including
regulatory authorities in the United States and various national and international
organizations that develop recommendations on radiation protection. In addition
to a general discussion of the role of each organization in radiation protection of
the public, the particular responsibilities for the development of standards for
TENORM are emphasized. The standards for TENORM that have been
developed by each organization are considered in more detail in chapters 7-10.
The principal federal agencies with responsibilities for radiation
protection of the public are the Environmental Protection Agency (EPA), the
Nuclear Regulatory Commission, and the Department of Energy (DOE). Of
these, only EPA and DOE may develop guidances or regulations for TENORM.
State governments also have important responsibilities for radiation protection
of the public, including the development of regulations for TENORM. Finally,
the National Council on Radiation Protection and Measurements (NCRP) and
the Health Physics Society are important national organizations that have
developed recommendations on radiation protection, including
recommendations applicable to TENORM.
The International Commission on Radiological Protection (ICRP) is the
principal international organization concerned with radiation protection. ICRP is
an organization similar to NCRP and also develops recommendations on
radiation protection. Other important international organizations are the
International Atomic Energy Agency (IAEA) and the Commission of the
European Communities (CEC).
97
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98 ORGANIZA TIONS CONCEDED WITH EDIT TION PROTECTION
ENVIRONMENTAL PROTECTION AGENCY
EPA was created by Reorganization Plan No. 3 of 1970. Its mission is
to protect public health and to safeguard the natural environment (the air, water,
and land), on which life depends. Under the authority of several laws, EPA
develops environmental standards for both radiologic and nonradiologic
hazards.
The responsibilities of EPA for radiation protection of the public are
varied and complex. They include the development of federal guidance on
radiation protection of the public; standards for radioactivity in the environment
under authority of the Atomic Energy Act; standards for radioactivity under
various laws, such as the Safe Drinking Water Act and Clean Air Act, that are
concerned primarily with nonradiologic hazards; and guidance and regulations
for indoor radon.
Federal Guidance on Radiation Protection of the Public
Executive Order 10831 assigned to EPA the responsibility for
developing guidance for all federal agencies in the formulation of radiation-
protection standards. This responsibility had been assigned previously to the
Federal Radiation Council (FRC). The existing federal guidance on radiation
protection of the public (FRC 1961; 1960) and EPA's proposed revision of the
federal guidance (EPA 1994d) are discussed in chapter 7.
The federal guidance on radiation protection of the public presents
basic, minimal requirements intended to ensure that reasonably consistent and
adequately protective approaches are implemented by all federal agencies with
regulatory responsibilities for radiation protection, especially the Nuclear
Regulatory Commission and DOE. EPA is not authorized to enforce any
provisions of the federal guidance, but all federal agencies are expected to
comply with the guidance unless there are compelling reasons (such as specific
statutory requirements) not to do so.
The federal guidance on radiation protection of the public is intended
to apply to all controlled sources of exposure, including sources not associated
with operations of the nuclear fuel cycle, but excluding indoor radon and
beneficial medical exposures. Therefore, the federal guidance is intended to
apply to all exposures of the public to TENORM, but not to naturally occurring
radionuclides in their undisturbed state.
However, as indicated by the discussions in this chapter and in
chapters 7 and 9, neither EPA nor any other federal agency with responsibilities
for radiation protection of the public has developed standards that apply to all
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GUIDELINES FOR EXPOSURE TO TENORM
99
exposure situations involving TENORM. Rather, federal regulation of
TENORM is rather fragmentary, and many potentially important sources of
public exposure to TENORM are not regulated by any federal agency.
Environmental Radiation Standards Developed Under Atomic Energy
Act
Under authority of the Atomic Energy Act, EPA is responsible for
developing generally applicable environmental radiation standards for specific
sources or practices associated with the nuclear fuel cycle that also are regulated
by the Nuclear Regulatory Commission or DOE under the act (see later in this
chapter). EPA has developed environmental standards under the Atomic Energy
Act for operations of uranium fuel-cycle facilities, uranium and thorium mill
tailings, and management and disposal of spent nuclear fuel, high-level waste,
and transuranic waste; and it is considering the development of standards for
management and disposal of low-level waste and cleanup of radioactively
contaminated sites (see chapter 7~.
Environmental radiation standards developed by EPA under the
Atomic Energy Act do not apply to TENORM, because such materials are not
defined in the act. Therefore, any environmental standard for TENORM
developed by EPA must be authorized under some other law, as discussed in the
next section.
An important feature of EPA's authority to establish environmental
radiation standards for specific sources or practices under the Atomic Energy
Act is that EPA usually is not the enforcement authority for these standards.
Rather, they are enforced by the Nuclear Regulatory Commission or DOE in
nearly all cases. This division of standard-setting and enforcement authorities
between the EPA and the Nuclear Regulatory Commission or DOE is based on
provisions of the Atomic Energy Act, which antedated the formation of EPA
and assigned to the Atomic Energy Commission (AEC), a forerunner of the
Nuclear Regulatory Commission, the responsibility for protecting public health
and safety in the use of source, special nuclear, and byproduct materials arising
from operations of the nuclear fuel cycle.
Environmental Radiation Standards Developed Under Other Laws
Under the authority of several laws other than the Atomic Energy Act,
EPA is responsible for developing environmental standards for radionuclides
and other nonradiologic hazards. In contrast with the standards developed by
EPA under the Atomic Energy Act and discussed above, EPA also is the
enforcement authority for its environmental standards developed under any
other laws. The most important laws and their applicability to radionuclides
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100 OR GANIZA TIONS CONCERNED WITH RADIA TION PROTECTION
associated with the nuclear fuel cycle and to TENORM are summarized as
follows (the particular standards for radionuclides are discussed in more detail
in chapter 7~.
First, under authority of the Clean Air Act, EPA has established
standards for airborne emissions of radionuclides from nuclear fuel-cycle
facilities (that is, standards for airborne emissions of source, special nuclear, and
byproduct materials which also are regulated under the Atomic Energy Act) and
for particular airborne emissions of TENORM.
Second, under authority of the Clean Water Act, EPA may establish
standards for release of naturally occurring and accelerator-produced radioactive
materials (NARM), which include TENORM, to surface waters; such standards
have been established for release of naturally occurring radionuclides from
particular mines and mills. Source, special nuclear, and byproduct materials
regulated under the Atomic Energy Act are excluded from regulation under the
Clean Water Act, except that discharges of high-level waste into surface waters
are banned.
Third, under authority of the Safe Drinking Water Act, EPA has
established standards for naturally occurring and human-made radionuclides in
public drinking-water supplies. For most public drinking-water supplies
currently regulated under the Safe Drinking Water Act, exposures to naturally
occurring radionuclides are the primary concern.
Fourth, under authority of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), which addresses
environmental releases of hazardous substances that are not adequately
regulated under other environmental laws, EPA has established regulations that
define a process for selecting remedial actions, including the development of
goals for cleanup of contaminated sites. The remediation process and goals for
cleanup apply to sites contaminated with source, special nuclear, or byproduct
materials or with NARM.
In addition, EPA may establish environmental standards for TENORM
under the Toxic Substances Control Act (TSCA), which is concerned with
protection of human health and the environment in the use of toxic substances in
commerce, and the Resource Conservation and Recovery Act (RCRA), which is
concerned in part with management and disposal of hazardous and
nonhazardous solid waste. Particularly under TSCA, EPA could develop
environmental standards for TENORM that apply to all aspects of management
and disposal of these materials. However, EPA has not yet established standards
for TENORM under either of these laws.
In summary, EPA is authorized to establish and enforce standards for
radionuclides in the environment under several laws that are intended primarily
to address nonradiologic hazards. In regard to TENORM, EPA has established
standards for some airborne releases under the Clean Air Act, some releases to
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GUIDELINES FOR EXPOSURE TO TENrORM
101
surface waters under the Clean Water Act, concentrations in public drinking-
water supplies under the Safe Drinking Water Act, and cleanup of contaminated
sites under CERCLA. EPA also may establish standards for TENORM under
TSCA or RCRA, but it has not yet done so.
Thus, public exposures to TENORM are regulated by EPA only in a
rather fragmentary manner under a variety of environmental laws, and no EPA
regulation or set of regulations applies to all exposure situations involving
TENORM. Such regulations could be developed under TSCA.
Guidance and Regulations for Indoor Radon
The Indoor Radon Abatement Act of 1988, which is Title III of TSCA,
provides the authority for EPA's indoor-radon abatement program. The act
requires EPA to issue guidance on mitigation of indoor radon (see chapters 7
and 8~. This guidance is not a standard that is enforceable by EPA or the states,
but it is widely used in the real estate and insurance industries. EPA also is
authorized to issue regulations to carry out the provisions of the Indoor Radon
Abatement Act. However, it has not yet issued any such regulations;
furthermore, it is not authorized to establish enforceable standards for radon
exposure or dose.
NUCLEAR REGULATORY COl\,IlViISSION
The Nuclear Regulatory Commission is an independent regulatory
authority created by the Energy Reorganization Act of 1974, which amended the
Atomic Energy Act by replacing AEC with the Nuclear Regulatory Commission
and a separate agency called the Energy Research and Development
Administration (ERDA), which later became part of DOE. The Energy
Reorganization Act assigned to the Nuclear Regulatory Commission the
previous responsibilities of AEC for protection of public health and safety in the
use of source, special nuclear, and byproduct materials as defined in the Atomic
Energy Act. Those responsibilities are carried out by means of the Nuclear
Regulatory Commission's authority to license all commercial activities
involving the use of these radioactive materials. The Nuclear Regulatory
Commission also was given licensing authority over some facilities operated by
DOE and other federal agencies.
In its role as an enforcement authority for environmental radiation
standards established by EPA under the Atomic Energy Act, the Nuclear
Regulatory Commission enforces any such standards that apply to licensed
commercial activities, as well as the standards that apply to particular DOE
activities.
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102 ORGANIZATIONS CONCERNED WITH RADIATION PROTECTION
The Nuclear Regulatory Commission derives all its regulatory
authority from the Atomic Energy Act. Therefore, it has no regulatory authority
over TENORM as defined in this study, because these materials do not arise
from operations of the nuclear fuel cycle and are not defined in the act.
DEPARTMENT OF ENERGY
DOE was created by the Depa~l~ent of Energy Organization Act of
1977, which amended the Atomic Energy Act by combining ERDA, which had
been created by the Energy Reorganization Act of 1974, with parts of other
federal agencies. DOE is responsible for all atomic-energy defense activities and
other activities involving energy research, development, and demonstration; it
also is assigned the responsibility for protecting public health and safety in
carrying out its authorized activities.
As noted above, DOE is an enforcement authority for environmental
radiation standards established by EPA under the Atomic Energy Act.
Specifically, DOE enforces any such standards that apply to activities of DOE
or its contractors, with the exception of some activities for which EPA or the
Nuclear Regulatory Commission is the enforcement authority.
As in the case of the Nuclear Regulatory Commission discussed in the
previous section, the authority for all DOE activities derives from the Atomic
Energy Act. However, unlike the Nuclear Regulatory Commission, DOE also
has regulatory authority over any NARM and thus TENORM. That is its
responsibility because DOE is required under the act to protect public health and
safety in carrying out its authorized activities and EPA has not yet established
environmental standards for NARM under TSCA. Current DOE requirements
for management and disposal of TENORM contained in DOE Order 5400.5
(DOE 1990) are discussed in chapter 9.
STATE GOVERNMENTS
State governments have two important responsibilities for radiation
protection of the public. First, the so-called agreement-state provisions of the
Atomic Energy Act specify that the Nuclear Regulatory Commission may
transfer to the states portions of its licensing authority over commercial uses of
source, special nuclear, and byproduct materials. This state licensing authority
does not apply to any other radioactive materials (such as TENORM) or to any
DOE activities licensed by the Nuclear Regulatory Commission.
Second, in the absence of federal legislation and EPA regulations that
address all exposure situations involving NARM and thus TENORM in the
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GUIDELINES FOR EXPOSURE TO TENORM
103
environment, these materials are subject to regulation only by the states, except
for the fragmentary regulation of some sources and practices by EPA under a
variety of environmental laws and the responsibilities of DOE for regulating
these materials under its control. The authority for states to regulate NARM is
based on the point of Constitutional law that any responsibilities for protection
of public health and safety not specifically assigned to the federal government
are delegated to the states.
Some states consider that TENORM is regulated under their general
rules on radiation protection. However, as discussed in chapter 9, several states
have developed regulations specifically for TENORM, and the Conference of
Radiation Control Program Directors (CRCPD) has developed suggested state
regulations for TENORM (CRCPD 1997) that are intended to provide guidance
to the states in developing their own standards. The suggested state regulations
have not been issued in final form, and they have not been implemented by any
states.
NATIONAL COUNCIL ON RADIATION PROTECTION AND
MEASUREMENTS
NCRP is a nonprofit corporation chartered by Congress in 1964 that, in
addition to other authorized activities, develops recommendations on radiation
protection. It is the successor organization to an unincorporated association of
scientists called the National Committee on Radiation Protection and
Measurements, which began as the Advisory Committee on X-ray and Radium
Protection in 1929 and was reorganized as the National Committee on Radiation
Protection in 1946.
NCRP is an advisory organization, and it has no authority to establish
or enforce any requirements for radiation protection. However, its
recommendations have been influential in the development of standards and
guidances for radiation protection in the United States, initially by FRC, AEC,
and the Public Health Service and later by the Nuclear Regulatory Commission,
DOE, and EPA.
NCRP has issued many reports addressing NORM and TENORM
(NCRP 1993b; 1993a; 1989a; 1988; 1987a; 1984c; 1984b). Current NCRP
recommendations for control of exposures of the public to indoor radon and
other NORM are discussed in chapters 8 and 9.
HEALTH PHYSICS SOCIETY
The Health Physics Society was formed in 1956 as a scientific
organization concerned with protection of people and the environment from
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104 ORGANIZATIONS CONCERNED WITHRADIATIONPROTECTION
radiation. The society's membership includes professionals representative of all
scientific and technical fields related to radiation protection and drawn from
academe, government, medical institutions, research laboratories, and industry,
both nationally and internationally. The society is chartered in the United States
as a nonprofit scientific organization and is not affiliated with any government
or industrial organization.
As a scientific organization, the Health Physics Society has no
particular responsibilities for developing radiation-protection standards or
recommendations. In recent years, however, the society's Scientific and Public
Issues Committee has issued several position statements on policy matters of
interest to radiation protection in response to opportunities to provide public
comment. The position statement on standards for site cleanup and restoration
and its relevance to regulation of TENORM are discussed in chapter 9.
INTERNATIONAL COMMISSION ON RADIOLOGICAL
PROTECTION
ICRP was established in 1928 as the International X-ray and Radium
Protection Committee and was restructured under its present name in 1950. It is
an association of scientists from many countries, including the United States,
that develops recommendations on all aspects of radiation protection. ICRP has
official relationships with the World Health Organization and IAEA, and it has
important relationships with other national and international organizations
concerned with radiation protection, including NCRP.
Like NCRP, ICRP is an advisory organization with no authority to
establish or enforce any requirements for radiation protection. However, its
recommendations have greatly influenced the development of radiation-
protection standards in many nations, including the United States.
ICRP has issued several reports addressing radon and occupational
exposure to naturally occurring radionuclides in mines (ICRP 1993b; 1987b;
1986; 1981~. Current ICRP recommendations for control of exposures of the
public to indoor radon and other NORM are discussed in chapters 8 and 9.
INTERNATIONAL ATOMIC ENERGY AGENCY
IAEA is an intergovernmental organization established in 1957 under
the auspices of the United Nations. It provides a forum for scientific and
technical cooperation in nuclear activities, and it is the international inspectorate
for the application of nuclear safeguards and verification measures covering
nondefense nuclear programs.
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GUIDELINES FOR EXPOSURE TO TENORM
105
One of IAEA's statutory objectives is to establish radiation-protection
standards. Its current requirements for radiation protection, which essentially
incorporate current ICRP recommendations (ICRP 1993b; 1991), are contained
in the Basic Safety Standards (IAEA 1996a); these are intended to set forth
requirements for member states, including the United States. However, the
member states, not IDEA, are responsible for enforcing the standards. The Basic
Safety Standards have not had any influence on the development of radiation
standards in the United States beyond the influence of the ICRP
recommendations that have provided the basis for the standards.
The Basic Safety Standards include provisions that apply to indoor
radon and other naturally occurring radionuclides. These provisions are
discussed in chapters 8 and 9.
CO1\~IM:ISSION OF THE EUROPEAN COMMUNITIES
CEC is authorized under the Euratom Treaty on Atomic Energy in the
European Communities, which was signed in Rome in 1957, to establish
radiation-protection standards for all members of the European Union.
Enforcement of these standards is the responsibility of each member state, not
CEC.
The current radiation-protection standards developed by CEC are based
on current ICRP recommendations (ICRP 1991~. However, as discussed in
chapter 9, the CEC standards also include a special provision not included in the
ICRP recommendations or in IAEA's Basic Safety Standards (IAEA 1996a) that
addresses substantial increases in exposure due to natural radiation sources other
than radon and would apply, for example, to operations, storage of materials, or
residues containing naturally occurring radionuclides. Member states of the
European Union are to develop requirements consistent with the provisions of
CEC's radiation-protection standards by the year 2000 (Euratom 1996~.
Representative terms from entire chapter:
nuclear regulatory
