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DOE Form ADIOA

(12-77)

U.S. DE. ARTMENT OF ENERGY

sure AUG.O8 1879

memorandum

REPLY TO
ATTN OF:
SUBJECT:

TO.

EV-21

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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,

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