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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~.