HO. 7 bere DOE Form ADIOA (12-77) U.S. DE. ARTMENT OF ENERGY sure AUG.O8 1879 memorandum REPLY TO ATTN OF: SUBJECT: TO. EV-21 werd LEGAL BASIS FOR RADIATION EXPOSURE CRITERIA AND THEIR APPLICABILITY OUTSIDE OF THE UNITED STATES Steve Greenleigh Office of General Counsel It is clear that Mr. Ted Mitchell, legal counsel to the Enewetak people, intends to challenge the basis for and the applicability of Federal radiation exposure criteria to the Enewetak people. The background is as follows: 1) The Federal Radiation Council (FRC) exposure criteria were 2) The FRC documents establish exposure guidance for the maximum 3) In addition, the FRC Guidance provides for exposure levels in 4) An Environmental Impact Statement (EIS) for the-cleanup and 5) By letter of February 28, 1974, (copy attached), the 6) By letter of December 12, 1974, (copy attached, see page 2, 7) DOE is advisor to the Department of Interior (DOI) and to the 8) One island, Enjebi, is likely to be of particular concern , published as Federal Guidance in the Federal Register in 1960 over the approval of President Eisenhower. exposed individual, for an ayerage exposure level for critical subgroups of the population (when individual levels are not known), and for 30year genetic exposure levels. excess of the guidance if the benefits outweigh the potential risk. resettlement of Enewetak included an AEC Task Group Report which recommended that, for planning purposes, values equal to 80% of the FRC guidance for 30-year genetic exposures and 50% of the maximum individual exposure be used because of the uncertainties inyolyed in monitoring and in predicting life styles and exposure levels at Enewetak. Environmental Protection Agency (EPA) stated that the residents of the Trust Territory (i.e., the Marshall Islands) are entitled to protection of U.S. criteria. first paragraph), the EPA stated that they considered the recommendation in the EIS to be "upper limits," and that these limits should be reassessed after the cleanup with the intent of lowering them, Defense Nuclear Agency on radiological matters. because it is the home island of one group of the Enewetak people, the dri-Enjebi, and it is likely to result in exposure levels in excess of the EIS recommendation, and possibly the FRC guidance, if the people return to live there, Sone re se trmnnen meme neemares = wy ama carmate 20 mo 3 4 : SETIErres AO Lecter oieoo. WTO TNE pee TE