ML19275K013
| ML19275K013 | |
| Person / Time | |
|---|---|
| Issue date: | 11/06/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML19275J999 | List: |
| References | |
| REF-10CFR9.7, TASK-RIA, TASK-SE SECY-81-640, NUDOCS 8112020158 | |
| Download: ML19275K013 (39) | |
Text
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'm :f Noven er 6, 1981 SECY-Sl-640 RULEMAKING ISSUE
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For:
The Commissioners From-William J. Dircks
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Executive Director for Operations subject:
FINAL AMENCMENTS TO 10 CFR PARTS 71 AND 73 FOR ADVANCE NOTIFICATICN TO GOVERNORS OF TRANSPORTATION OF NUCLEAR WASTE INCLUDING SPENT FUEL
Purpose:
To obtain Commission approval to publish final arrendments to ccmply with certain provisions of the Nuclear Regulatory Commission Appropriation / Authorization Act for Fiscal Yaar 1980 (P.L.96-295).
Category A minor regulatory action re;;uiring Commission approval.
Resource estimates, Category 1, preliminary.
Discussion:
Section 301(a) of the NRC Appropriation / Authorization Act, for Fiscal Year 1980 (enacted as Public Law 96-295 or. June 30, 1980)
- provides, "The Nuclear Regulatory Commission, within 90 days of enactment of this Act, shall prcmulgate regulations pro-viding for timely notification to the Governor of any State prior to the transport of nuclear waste, including spent nuclear fuel, to, through, or across the boundaries of such State.
Such notification require ent shall not apply to nuclear waste in such quantities and of such types as the Commission specifically determines co not pose a potentially significant hazard to the health and safety of the puDlic."
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The Commissioners 2
Discussion:
In response to this mandate, proposed amendments to 10 CFR Part 71 (Cont'd) and 10 CFR Part 73 were published for public comments (45 FR 81058 and 45 FR 81060, December 9, 1980).
Comment has been received and addressed.
Final amendments to 10 CFR Part 71 and 10 CFR Part 73 have been drafted for Commission review and approval.
As noticed in the Federal Register, the proposed rule would require licensees to give prior notification directly to state governors for all shipments of radioactive wastes required under 10 CFR Part 71 to be shipped in Type 3 containers.
Advance notification for spent fuel in excess of approximately 100 grams is covered under the proposed amendment to 10 CFR Part 73 since information regcrding these shipments contains sensitive safeguards data which must be protected.
The staff estimated that Type B shipments of radioactive waste would number about 24,000 annually with spent fuel shipments numbering a few hundred annually.
In response to the proposed rulemaking notice, " Advance Noti.4-cation to Governors Concerning Shipments of Irradiated D.eactor Fuel," (45 FR 81060, December 9, 1980), staff received some 60 letters commenting on the proposed amendment to 10 CFR Part 73.
Of these, 24 were from state governors or agenf.as, 23 were from the public, 9 were from industry, 3 were frem fec!eral agencies, and 1 was from a city mayor.
Staff consideration of the 60 letters of comment did not indicate a need for any major changes to the proposed Part 73 amendment.
Three minor chan were made, they are discussed commencing on page 3 of Enclosure A.
The amendment to 10 CFR Part 73 will require licensees to supply the following information:
- 1) point of origin, 2) estimated date and time of departure, 3) estimated date and time c' arrival at state boundaries, 4) a description of the shipment route to be used within the state, and 5) the name, address and telephone number of the shipper, carrier and receiver of the shipment, and
- 6) description of the material to be transported.
This informa-tion would be provided by mail, postmarked at least seven days or delivared by messenger at least four days in advance of the tstimatd date of departure, to the offices of the governors (or governor's designees) of affected states.
Any oerson receiving schedule information would be required to protect it against unauthorized disclosure.
The information protection measures are set forth in S73.21 and are the subject of a separate rule-making notice, " Protection of Unclassified Safeguards Information,"
(46 FR 51718, October 22, 1981).
Schedule information would be downgraded a short time aftnr completion of the shipment, so that protection need not be continued.
The state official would be renotified in the event of schedule changes in excess of six hours.
In response to the proposed rulemaking notice, " Advance Notifica-tion to States of Transportation of Certain Types of Nuclear Waste," (45 FR 81058, December 9, 1980), staff received come
The Commissioners 3
Discussion:
62 letters commenting on the proposed amendments to 10 CFR (Cont'd)
Part 71.
Of these, 21 were from state governors or agencies, 19 were from the public, 18 were from industry, 3 were from federal agencies, and I was from a city mayor.
Comments from state governors generally favored the proposed amendment but requested that the notifications be sent to specific state agencies.
Some also expressed concern that the rule would preempt state regula-tory authority.
Other comments varied.
A general concern centered on the scope of the advanca notification.
The staff has considered comment wf th respect to the proposed amendment to 10 CFR Part 71.
One uf the issues raised concerned what radioactive wastes needed to be included.
Comment received ranged from favoring inclusion of almost all radioactive wastes for prenotificdtion to not promu. gating any amendment at aP In its consideration of the proposed amendment, the staff directed its attention more to consideration of waste quantity than of packaging.
The role of packaging is. however, a'so crucial to the question of safe shipment of wastes, a point covered in the comments.
Type B packaging designs are required to be accident resistant, because Type B quantities of radioactive wastes are potentially a more significant hazard to the public health and safety if they are not adequately contained.
However, the NRC regulatory requirements for Type B packaging have been found to be adequate.
In its Withdrawal of Advance Notice of Rulemaking, " Radioactive Material Packaging and Transportation by Air," (46 FR 21619, April 13, 1981), the Commission has recently affirmed the adequacy with respect to safety of i.ts existing transportation regulations ir in CFR Part 71.
In reaching this conclusion, the Commission cited 'UREG-0170, the Final Environmental Statement on the Transpt tation of Radioactive Material by Air and Other Modes,
- which, fter considering the types and quantities of materials shippec in Type A and Type B cnd large quantity packaging, indicates the potential risk of transportation is small.
Spent fuel s'~pment was considered in NUREG-0170 and is covered under existi1g 10 CFR Part 71.
However, the Congress in Sec. 301 of PL 96-295 has specifically included spent fuel for prenotification.
Thus, while Congress authorizes the Commission to determine, on the basis of potential significant hazard to public health and safety, which types of nuclear waste may be excluded from prenotification, it has also mace it clear that at least one type of material, spent fuel, is not to be excluded from the prenotification requirement.
How should the prenotification requirement be applied to other types of nuclear waste? Shipments of spent fuel are almost all large quantity (defined in 971.4(f) as exceeding Type B radio-activity limits) shipments.
Most such shipments will be covered
The Commissioners 4
Discus lon:
under the proposed amendment to 10 CFR Part 73. While at present, (Cont'd F large quantity shipments, excluding spent fuel shipments, are of low level waste, in the future, should reprocessing of power reactor spent fuel resume, shipments of solidified high level waste would be expected to occur.
Such shipments would be expected to be in large quantities, and the characteristics of such high level waste would be similar, it terms of radioactivity and heat load, to spent fuel.
Accordingly, the staff now recommends that prenotification for other types of nuclear waste, under the advanced notificetion amendment to 10 CFR Part 71, include all large quantity shipments of radioactive waste and of spent fuel not covered under the amendment to 10 CFR Part 73 (generally 100 grams mass or less) required to be shipped in Type B packaging.
The staff believes that a decision to require prenotification only for large quantities of nuclear waste, including spent fuel, required to be shipped in Type B packaging will allow the Commission both to meet the intent of Congress and to meet, to an extent, the varying concerns of the states.
In its recent June 8,1981 meeting, the State Planning Council on Radioactive Waste Management endorsed prenotification for high-level or large quantity shipments of radioactive materials, including spent fuel, rather than all Type B package shipments.
Requiring advance notification only for large quantity chipments required to be shipped in Type B packaging is also a better decision for administrative reasons.
Recent Department of Transportation rulemaking, " Radioactive Materials:
Routing and Driver Training Requirements" (46 FR 5298, 01/19/81). is concerned with large quantity shipments.
Moreover, the staff believes that inclusion of all shipments of Type B packaged waste, which will number about 24,000 annually by 1985, would cause an unwieldy paper management problem and reduce the utility of the notifica-tion system.
Limiting advance notification to large quantity shipments will reduce the administrative burden of such notification on states and shippers.
The number of shipments requiring prenotifir.ation is expected to be at most a few hundred annually and will probably be less than one parcent of the 24,000 Type B shipments per year previously estimated in the proposed rule.
The reduced number of notifications required will redua cnsts ana administrative burden to both the states and the industry.
The staff also notes that, while the term "large quantity" itself may be eliminated as a result of proposed rulemaking to revise regulations for the transportation of radioactive material to make them compatible with those of the International Atomic Energy Agency (" Packaging of Radioactive Material for Transportation and Transportatiun of Radioactive Material Under Certain Conditions, Compatibility with IAEA Regulations," 44 FR 48234, at 48236, August 17, 1979), this revision will address types and quantities of radioactive materials presently covered under these regulations
The Commissioners 5
Discussion:
including large quantities so that no purpose would be served at (Cont' d) this time in attempting in this rulemaking to separately redefine the term "large quantity" for advance notification.
To assure that advance notification information is sent to the offices of the governors of states on a timely basis, under the advance notification amendment to Part 71, licensees will be required to mail or deliver advance notification to the offices of governors of states affected, or their designees, and to IE regional offices.
This will avoid the unnecessary government expense and delay that would be caused if licensees mailed reports to NRC which in turn would send these reports to states.
Undte the amendment to Part 73, prenotifications, which would normally include protected information, shall also be mailed or delivered to either a governor or his designee, if the governor so selects.
Also a governor may choose not to receive prenotif-ications required under Part 73 since such prenotifications would include protected information.
A list of governors and designees with their mailing addresses will be maintained by the Office of St?te Programs.
The Office of State Programs will periodically update this mailing list and publish it for advance notification purposes pursuant to Parts 71 and 73 in the Federal Register and will take other appropriate measures, as required, to assure that licensees are edequately informed of it.
The notification under 10 CFR Part 71 for nuclear waste would include the following information:
- 1) point of origin, 2) estimated period of departee, 3) estimated periods of arrival at state boundaries, 4) destination, 5) estimated period of arrival at destination, 6) identification of shioper, carrier, and receiver, 7) a description of the nuclear weste to be trans-ported, and 8) the name and telephone number of the licensee cmtact so that a state can communicate directly with the
,1censee for more detailed information.
Since postshipment routing information for large quantity shipments, which are not on fixed routes, is to be supplied bj DOT to interested parties
. nder its recent rulemaking (46 FR 5298, 01/19/81), such informa-tion, which would be duplicative and less accurate than that provided by DOT, is not required for prior notification under Part 71.
The f'nal rule affects only NRC licensees, and will temporarily result in the situation where governors wi'l not receive notif-ication concerning a fraction of the total number of shipments of nuclear waste (excluding spent fuel), since some shipments of interest will be made by Agreement State licensees.
This titu-ation was anticipated, as noted in the additional views of several representatives appearing at page 37 of H. Rept.96-194, Part 2 (June 29, 1979):
The Commissioners 6
Discussion:
"Further, the NRC currently licenses possession of radio-(Cont'd) active materials in only 25 [now 24] states.
Under agreements between the NRC and the remaining states, those states wculd also have to implement regulations under this amendment."
The Office of State Procrams will work with the Agreement States to assure that Agreement State regulations are compatible with NRC regulations in the matter of prenotification.
RESOURCE ESTIMATES The Office of Inspection and Enforcement has determined that the inspection of state records at locations away from licensee or port facilities (e.g., state capitals), necessitated by this rule change, will require additional inspection resources.
This additional cost, while of low priority, is imperative to provide, (1) reasonable enforcement of the rule, (2) equitable relations with each concerned state, (3) a positive public perception of the Commission's efforts to ensure health and safety, and (4) aid in resolution of difficulties engendered by this rule change.
A biennial inspection, by personnel enroute to other facilities, is adequate for the program outset.
Thereafter, quadrennial visits could suf fice.
It is estimated that the enroute visits to state capitals will incur one additional day for two inspectors, twenty times each of the first two years, and then one additional day for two inspectors, ten times each of the following years.
The travel fare would be minimal.
During each of these visits to state capitals, records maintained in response to the proposed, similar change to Part 71, woula be examined.
No separable resource requirements are identified for any other NRC office except for the Office of State Programs which estimates 1 staff month of effort will be required during the first year in which this rule is e'fective.
Recommendation:
That the Commission:
1.
!nprove publication of Federal Register nd
.s (t.nclusures "A" and "B") promulgating amendments to 10 FR Parts 71 and 73 in final form which provide for advtace notification of transportation of nuclear waste including spent fuel.
2.
Note a.
That the Subcommittee on Nuclear Regulation of the Senate Coenittee on the Environment and Public Works, tne Subcommittee on Energy and Environment of the House Committee on Interior and Insular Affairs, the Subcommittee ' Energy
The Commissioners 7
Recommendation:
and 'ower.of the House Committee on Interstate (Cont'd) and Foreign Commerce and the Subcommittee on tnvironment, Energy and Natural Resources of the House Committee on Government Operations will be informed.
b.
That a public announcement will be issued when the notice is filed with the Office of the Federal Register (Enclosure "C").
c.
That in accordance with 10 CFR 51.5(d)(3), an environmental impact statement, negative declar-ation or environmental impact appraisal need not be prepared in connection with this rulemaking action because the amendments are nonsubstantive and insignificant from the standpoint of environ-mental impact.
d.
That this final rule contains information collection requirements that are subject to review by the Office of Management and Budget.
Upon Commission affirmation, formal request for OMB review and clearance will be initiated.
OMB review may take 60-90 days from the date of publication in the Federal Register.
Implementation of the regulations may require an additional 60 to 90 days after 0MB approval to allow State Governors to appoint designees for receipt of notifications, for Governors to institute procedures for handling protected information pursuant to Part 73, and for NRC to publish a list of Governors' designees in the Federal Register.
Therefore, the effective date for these rules will be 180 days after their publication in the Federal Register.
If approval is der,ied by CMB, the Commission will be notified.
e.
That the final rule is not subject to the pro-visions of the Regulatory Flexibility Act because the notice of proposed rulemaking was issued on December 9, 1980 before the effective date of that Act (Sec. 4, Pub. L.96-354, approved September 19, 1980, effective January 1, 1981, 94 Stat. 1170; see also 5 U.S.C. 601, note).
f.
That the development of these rules was discussed with the Department of Transportation and with the State Planning Council on Radioactive Waste Management established by the President (Executive Order 12192, February 12, 1980).
The Commissioners 8
Recommendation:
g.
That the Federal Register notice of final rule-(Cont'd.)
making will be distributed by ADM:TIDC to affected licensees and other interested persons.
L William J. Dircks Executive Director for Operations
Enclosures:
(A) Federal Register Notice Containing the Final Amendment to 10 CFR Part 73 (B) Federal Register Notice Containing the Final Amendment to 10 CFR Part 71 (C) Draft Public Announcement Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b.
Mnnday Nnva-hor 30. 1981 Commission Staff Office comments, if any, should be submitted to the Commissioners NLT November 18, 1981, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expr ited.
This
_per s tentatively scheduled for affirmation at an Open Meeting during the 7
icember 7,1981 Please refer to the appropriate Weekly Commission we.
s Schev..:
wnen published, for a specific date and time.
DISTRIBUTTON Commissioner Commission Staff Offices Exec Dir for Operations Exec Legal Director ACRS ASLBP Secretariat
ENCLOSURE A
NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 Advance Notification to Governors Concerning Shipments of Irradiated Reactor Fuel AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final Rule.
SUMMARY
- The Commission is amer,aing its regulations to implement a federal statute which requires the NRC to promulgate regulations regarding not.ificatio n to state governors of the transport of spent fuel through a state. This noti-fication will provide the governor advance information, not otherwise available to the governor, related to spent fuel transportation in his state. Shipment of certain other forms of nuclear waste is covered under a separate amendment to the Commission's regulation 10 CFR Part 71.
Separate amendments are needed because information regarding spent fuel shipments contains sensitive safebuards data which must be protected.
The information pertaining to the other waste shipments is not sensitive.
EFFECTIVE DATE:
(Insert date 180 days after publication in the Federal Register).
ADDRESS:
The comments received may be examined at the NRC Public Document Room at 1717 H Street, N. W., Washington, D. C.
FOR FURTHER INFORMATION CONTACT:
Tom R. Allen, Regulatory Improvements Branch, Office of Nuclear Material Safety and Safeguards, U. S. Nuclear Regulatory 1
Enclosure "A"
i Comission, Washington, D.C. 20555 (Telephone:
301-427-4181).
SUPPLEMENTARY INFORMATION:
Background
Section 301(a) of Public Law 96-295 states:
"The Nuclear Regulatory Comission, within 90 days of enactment of this Act, shall promulgate regulations providing for timely notification to the Governor of any State prior to the transport of nuclear waste, including spent nuclear fuel, to, through, or across ue bound-artes of such State.
Such notification requirements shall not apply to nuclear waste in such quantities and of such types as the Comission specifically determines do not pose a potentially signficant hazard to the health and safety of the public."
On December 9,1980, the NRC published a Federal Register notice (45 FR 81060) inviting public coments on a proposed rule providing for advance notification to governors of states of the transportation of spent fuel. The 90-day coment period expired March 9,1981. Copies of the proposed rule, with a request for coments, were also sent to state governors.
The final rule is essentially the same as the proposed rule except that it has been modified to permit notification of a governor's designee (rather than the governor).
The Rule The amendment to 10 CFR Part 73 will require licensees to supply the following i nformation:
the name, address, and telephone number of the shf oper, carrier and receiver of the shipment, a description of the material to be transportad, point 2
Enclosure "A"
of origin, estimated date and time of departure, estimated date and time of arrival at state boundaries, and a description of the shipment route to be used within the state. This information would be provided by mail, postmarked at least seven days or delivered by messenger at least four days in advance of the estimated date of departure, to the offices of the governors (or governors' designees) of affected states. Any person receiving schedule information would be required to protect it against unauthorized disclosure.
The information protection measures are set forth in 573.21 of 10 CFR Part 73 and are the subject of a separate rulemaking notice (46 FR 51718, October 22,1981).
Schedule information would,be downgraded a short time after completion of the shipment, so that protection need not be continued.
The state official would we renotified in the event of schedule changes in exces of six hours.
The Comments NRC received 60 letters containing more than 300 comments on the proposed rule.
Comments were received from these entities as follows:
state governors or state agencies...............
24 i ndivi dual s f rom public sector.................. 23 n u c l e a r i n d u s try.................................
9 federal agencies................................
3 c i ty may o r.......................................
1 Total:
60 commentors Sone of these corments resulted in minor changes to the rule or in changes in the way the NRC will administer the rule. These comments relate to three general groupings.
3 Enclosure "A"
The first such group of comments resulted in modification of the rule.
A number of connents requested that the regulation be modified to require advance notifi-cations be sent to a state official designated by the governor, rather than being sent to the governor himself. The Commission has decided that notification of a governor's designee has significant information handling and information protection advantages. Accordingly, the final rule has been modified to provide for notifi-cation of a governor's designee.
O e coment requested that the advance notification information include the telephone number of the shipper and receiver. This suggestion is being adopted because during times of emergencies it would allow quick access to additional technical information about a shipment at insignificant additional cost. For completeness, the rule modification has been expanded to include the telephone number of the carrier.
A final comment requested that the regulation make clear that renotification can be done routinely by telephone.
Paragraph 173.37(f)(4) in the regulation has been modified to make this point clear.
in addition to the revisions resulting from public comment revisions were also made to simplify the information protection provisions of 573.37(f)(3) and to clarify that they apply to intrastate shipments as well as to interstate shipments.
The second such group of comments made suggestions that were adopted but did not result in modification of the rule.
Rather, these suggestions will be carried out by the NRC in the administration of the rule.
One conment in this group stressed the importance of a governor's right to decline to receive notifications and suggested that the regulations make this 4
Encicsure "A"
right explicit, while opposing comments insisted that a governor should not be given the option of declining to receive the notifications. The Commission continues to believe that in view of the information protection recuirements of 573.21, a governor should have the option to decline to receive advance notifi-cation information relevant to spent fuel shipments.
If requested by a governor, the NRC will remove that governor's name from the list of governors to be notified.
One of these comments suggested that the notification should be made to a single contact within each state, and that localities within the state that need the information would obtain it from that contact.
Another suggested that the NRC should make available to licensees a list of the responsible persons in each state to be notified in the event of a change of schedule.
The Commission has decided that it is consistent with the intent of Congress that notifications should be made to a single designated individual within each state who is to receive notifications and renotifications. The NRC will make available a list of these individual s.
One comment requested that the list of governors to receive advance notifications snould include the executives of certain Pacific Island territories and the 0.S. Secretary of Interior (for shipments that would stop over at these Pacific Island territories). This suggestion is consistent with the language of the statute, which includes territories as states.
The list of governors will be so modi fied.
One comment requested that a standardized advance notification form be used.
The NRC adopted the suggestion and will issue a suggested format as a guidance docurent.
5 Enclosure "A"
The Commission also received comments which were evaluated but not adopted.
Some of these were in the form of suggestions, while others provided information for consideration.
Some dealt with matters beyond the scope of this regulatory action or with matters beyond the authority of the Comission.
These comments are discussed below:
~
1.
Scope of the Rule Several comments made suggestions concerned with the scope of the rule.
These suggestions were rejected because they would modify the scope of the rule in ways that are inconsistent with NRC understanding of law or inconsistent with the aims of this particular rulemaking.
a.
Application to other than NRC licensees or to non-radioactive materials One comment suggested that the rule should apply to all transporters of radioactive fuel, rather than being limited to NRC licensees.
Another comment expressed concern that the rule would be unjustifiably extended to include vast numbers of shipments of nonradioactive waste. These coments were rejected because the NRC has no authority to apply the rule to persons other than NRC licensees.
b.
Promulgation of the rule by DOT, rather than NRC One coment contended that the DOT, rather than the NRC, should promulgate the rule.
However, since Congress specifically directed the NRC to issue the rule, DOT has not undertaken the promulgation of such a rule.
c... Emergency response and other state actions Some corments requested that the NRC identify state actions needed for optimum utilization of the information and provide more information on emergency response.
Apart from information protection rules, which was 6
Enclosure "A"
required by Public 1.aw 96-295, the NRC does not regulate state use of advance notification information. Accordingly, it would be inappropriate to incorporate advice 4 +ning state use of notification information in a regulation. Although emergency response by states is a timely and important subject, these issues are already being addressed outside this rulemaking action, and therefore do not require further discussion here.
As the Comission noted on April 13, 1981 in its withdrawal of advance notice of rulemaking (46 FR 21619):
"In another separate action, the NRC in cooperation with the Federal Emergency Management Agency and other federal agencies is currently developing guidance material to be used by state agencies in developing emergency response plans for transportation accidents involving radio-active material."
d.
State and local authority A group of comments pointed out differences between the proposed rule and existing state laws and asked whether the rule would preempt the existing state laws.
In that regard, local regulations that call for the advance disclosure of spent fuel shipment schedule information could be affected by new NRC requirements for the protection of such schedule information.
In accordance with a separate rulemaking, NRC licensees as tell as any other person who has advance schedule information will be prohibited from furnish-ing it to any local official other than a member of a local enforcement authority that is responsible for responding to requests for assistance during safeguards emergencies (see 573.21(c) in 46 FR 51718,.0ctober 22, 19E1). It should be noted that the protection provisions of 573.21(c) do 7
Enclosure "A"
not apply to any of the other information provided to governors or the designees in accordance with this regulation.
Other comments requested that the rule provide for advance notification of citizens a'iong spent fuel shipment routes.
The NRC has not adopted this suggestion because it is beyond the scope of P.L.96-295, and because a local official could obtain such information from his state governor's office as appropriate.
e.
Routing Some coments suggested that the rule require that shipments be routed on interstate highways and that the NRC consult with state police before approving a route. The issue of whether to route shipments only on interstates is outside the scope of the advance notification rule.
Routing of spent fuel shipments is covered in 10 CFR 573.37 and in DDT regulation 49 CFR 173 and 177.
However, it should be noted that the NRC encourages the use of interstate highways and, routinely consults with state police before approving a route.
2.
Impacts 56me coments contended chat the rule was unsupported and would be burdensome and ineffective.
Congress has decided that, rather than being burdensome and ineffective, advance notification to states is beneficial because it enables states of contribute to the security, safety, and ease of transport of shipments.
Therefore, Congress directed the NRC to issue requirements for its licensees to carry or.t advance notification.
8 Enclosure "A"
3.
Administrative Comments in this grcup generally requested clarification of how various details of the rule would be interpreted and administered or set forth alternatives to the measures proposed. The specific comments are discussed below.
a.
Waterborne and airborne shipments One comment asked how the rule will apply to waterborne and airborne shipments. Notifications for waterborne shipmsnts would be given as for highway shipments. There are no airborne shipments of spent fuel.
Shipper-carrier division of responsibility b.
Some comments asked whether the shipper or the carrier is intended to be responsible for notification under various conditions.
Generally two licensees, a shipper and a carrier, are involved in each spent fuel shipment.
Both are responsible fer physical protection, including advance notification.
As a practical matter, division of responsibility for carrying out the physical protection requirements is a subject of agreement between the shipper and the carrier.
c.
Series shipments One comment requested clarification concerning the way in which series of shipments are related with respect to protection of schedule infor-mation.
Shipments in a series are related in the sense that knowledge of
. the schedule details of one shipment in the series could aid in predicting the schedule of subsequent shipments in the series.
For this reason, schedule information protection is required until after the last shipment in a series is completed.
9 Enclosure "A"
d.
Documentation to demonstrate compliance One comment asked what documentation a licensee must maintain to demonstrate compliance with the regulation. The Commission has decided that maintenance of a recordkeeping system by 11censees is not required at this time.
For its inspections the NRC will rely on a sampling process wherein NRC records concerning the details of notification will be checked against state records for the same shipment.
e.
Notification lead times Some comments inquired about the basis for the proposed lead times for notifications, suggested various alternative lead times, and asked whether there are circumstances under which a shipment could be made with less than taur days advance notification. The notification lead times are selected to Sffer a reasonable compromise between the needs for (1) timely advance notification, (2) avoidance of unnecessarily long periods for protection of scheJule information, and (3) avoidance of unnecessary nimbers of renotifi-cations stemming from schedule changes.
NRC regulations in 10 CFR Part 73 provide for the granting of exceptions to the provisions of Part 73, including the provision for four-day notification lead time, but there must be good cause for the exception to be granted.
f.
Confirmation of receipt of notification One comment suggested that, prior to entering a state with a shipment, licensees obtain confirmation from the state that notification has been received. The suggestion was not adopted because it could lead to signi-ficant delays of shipments en route and thereby weaken safeguards of the shipments.
10 Enclosure "A"
g.
Use of recistered or certified mail One comment suggested that notifications be sent only by certified or registered mail to ensure delivery. The suggestion was not adopted because NRC analysis showed insignificant benefit.
h.
Clearinghouse for notifications One comment suggested that the NRC establish a Federal clearinghouse or other centralized unit to transmit notifications to states. The suggestion was not adopted because it is not necessary to the notification process, it would be costly, and it could cause notification delays.
- i. JJo,'.ification through mutual agreement One comment suggested that notifications be carried out through mutual agreen,9nt between licensee and state, rather than having the details specifieo by the NRC in a regulation. The suggestion was rejected because notifications would likely be nonuniform from state to state and would be difficult for the NRC to enforce.
1 Schedule tolerance Several coments suggested various alternatives to the proposed + 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> schedule tolerance be considered. The + 6 hour6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> tolerance was retained because it appears to be a reasonable compromise between (1) the need for carriers to be allowed to have significant flexibility in schedules for long distance shipments and (2) the need for schedule accuracy in order to assure that states have the opportunity to contribute to the security and safety of transport of shipments.
11 Enclosure."A"
k.
Relevant state law Some comments contended that the NRC should have evaluated all of the relevant advance notification rules no., in force in reveral of the states.
The NRC staff reviewed a number but not all of the state advance notifica-tion laws and consulted with r$presentatives of some states that have operational advance notification laws.
Some provisions of the proposed rule were adopted from state laws.
1.
General rather than specific notifications Some coments suggested that states need only general information (routes, number of shipments using that route, typical quantity of material'in a shipment, etc.) rather than shipment specific information.
The suggeetion was rejected because states will have a greater range of alternativas to contribute to the security, safety, and ease of transport of spent ruel shipments if the notifications are in advance and are shipment specific.
4.
Information protection Numerous comments were concerned with the information protection provisions in the proposed rule, under which shipment schedule information would be required to be protected.
Concerns surrounding the basis for protection of information, and the ways in which such information should be handled, are addressed in a separate rulemaking (see 10 CFR 573.21, 46 FR 51718, October 22,1981).
12 Enclosure "A"
After careful consideration of these comments, the Commission has adopted the amendment in final form.
ENVIRONMENTAL IMPACT STATEMENT In accordance with 10 CFR 551.5(d)(3), an environmental impact statement, negative declaration, or environmental impact appraisal need not be prepared in connection with this rulemaking action because the amendments are nonsub-stantive and insignificant from the standpoint of environmental impact.
PAPERWORK STATEMENT The Nuclear Regulatory Commission has submitted this rule to the Office of Management and Budget for such review as may be appropriate under the Paperwork Reduction Act. P.L.96-511. The SF-83, " Request for Clearance," Supporting Statement, and other related documentation submitted to OMB have been placed in the NRC Public Document Room at 1717 H Street, N.W., Washington, D.C. 20555 for
'(nspection and copying for a fee.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, Section 301 of Public Law 96-295 (94 Stat. 789-706), and Section 552 and 553 of title 5 of the United States Code, the following e i ents m
to 10 CFR Part 73 are published as a document subject to codification.
13 Enclosure "A"
PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS 1.
The authority citation for Part 73 is revised to read as follows:
AUTHORITY:
Secs. 53, 147, 161b, 1611, 161o, Pub. L.85-703, 68 Stats. 930, 948-950, as amended, Pub. L.85-507, 72 Stat. 327, Pub. L.88-489, Stat.
602, Pub. L.93-377, 88 Stats. 475, Pub. L.96-295, 94 Stat. 780 (42 U.S.C. 2073, 2201, 2167); Sec. 201, Pub. L. 93.438, 88 Stat.1242,1243, as amended, Pub. L.
94-79, 89 Stat. 413 (42 U.S.C. 5841).
For the purposes of Sec. 223, 68 Stat. 958, as amended, 42 U.S.C. 2273, 573.37(g) and 173.55 are issued under Sec.161b, 68 Stat. 948, as amended, 42 U.S.C. ^?01(b); 5573.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are isued under Sec.1611, 68 Stat. 949, as amended, 42 U.S.C. 2201(1); and 5573.20(c)(i), 73.24(b)(i),
73.26(b)(3),(h)(6), (i)(6) and (k)(4), 73.27(a) and (b), 73.37(f), 73.40(b) and (d),
73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(iii)(B) and (h), 73.55(h)(2), and (4)(iii)(B), 73.70, 73.71 and 73.72 are issued under Sec. 1610, 68 Stat. 950, as amended, 42 U.S.C. 2201(0).
Paragraph 73.37(f) also is issued under Section 301 Pub. L.96-295, 94 Stat. 280.
2.
Section 73.37 is amended by adding paragraphs (f) and (g) to read as follows:
573.37 Requirements for physical protection of irradiated reactor fuel in transit.
(f) Prior to the transport of spent fuel within or through a state a licensee subject to this section shall notify the 14 Enclosure "A"
governor or the governor's designee. The licensee shall comply with the following criteria in regcrd to a notification:
(1) ine notification must be in writing and sent to the office of each appropriate governor cr the governor's designee.
A notification delivered by mail must be postmarked at least 7 days before transport of a shipment within or through the state. A notification delivered by messenger must reach the office of the governor or the governor's designee at least 4 days before transport of a shipment within or through the state.
A list of the mailing addresses of governors and governors' designees is available upon request from the Director, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
(2) The notification must include the following information:
~
(1) The name, address, and telephone number of the shipper, carrier and receiver.
(ii) I description of the shipment as specified by the Department of Transportation in 49 CFR 5172.202 and 5172.293(d).
(iii) A listing of the routes to be used within the state.
(iv)
A statement that the information described below in 573.37(f)(3) is required by NRC regulations to be protected in accordance with the requirements of 573.21.
15 Erclosure "A"
(3)
The lictnsee shall provide the following information on a separate enclosure to the written notification:
(i) The estimated date and time of departure from the point of origin of the shipment.
(ii) The estimated date and time of entry into the governor's state.
(iii) For the case of a single shipment whose schedule is not related to the schedule of any subsequent shipment, a statement that schedule information must be protected in accordance with the provisions of 573.21 until at least 10 days after the shipment has entered or originated within the state.
(iv) For the case of a shipment in a series of shipments whose schedules are related, a statement that schedule information must be protected in accordance with the provisions of 573.21 until 10 days after the last shipment in the series has entered or originated within the state and an estimate of the date on which the last shipment in the series will enter or orginate within the state.
(4)
A licensee shall notify by telephone or other means a responsible individual in the office of the governor or in the office of the governor's designee of any schedule change that differs by more than 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> from the schedule information previously furnished in accordance with 573.37(f)(3), and shall inform that individual of the number of hours of advancr or delay relative to the written schedule information previously furnished.
16 Enclosure "A"
(g)
State officials, state employees, and other individuals, whether or not licensees of the Commission, who receive schedule information of the kind specified in 573.37(f)(3) shall protect that information against unauthorized disclosure as specified in 73.21.
Dated at Washington, D.C. this day of
, 1981.
For the U.S. Nuclear Regulatory Commission Samuel J. Chilk Secretary of the Commission 17 Enclosure "A"
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ENCLOSURE B s
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NUCLEAR REGULATORY COMMISSION 10 CFR PART 71 Advance Notification to States of Transportation of Certairs Types of Nuclear Waste AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final Rule.
SUMMARY
The Commission is amending its regulations to implement a federal statute which requires the NRC to promulgate regulations providing for timely notification to the governor of any state prior to transport of certain types of nuclear waste, including spent fuel, to, through, or across the boundary of that state.
This notification provides the governor advance information, not otherwise available to the governor, related to nuclear waste transportation in his state.
Chipment of spent fuel is cosered under a separate amendment to the Commission's regulations on the physical protection of plants and materials since information regarding these shipments contains sensitive safeguards data which must be protected.
EFFECTIVE DATE:
(Insert date 180 days after publication in the Federal Register)
FOR FURTHER INFORMATION CONTACT:
John P. Roberts, Office of Nuclear Material SeTety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555 (Telephone:
301-427-4205).
1 f.nclosure "B"
SUPPLEMENTARY INFORMATION:
Background
Section 301(a) of Public Law 96-295 requires the Nuclear Regulatory Commission to
" promulgate regulations providing for timely notification to the Governor of any State prior to the transport of nuclear waste, including spent nuclear fuel, to, through, or across the boundaries of such State.
Such notification requirement shall not apply to nuclear waste in such quantities and of such types as the Commission specifically determines do not pose a potentially significant hazard to the health and safety of the public."
On December 9, 1980, the NRC published a Federal Reoister notice (45 FR 81058) inviting public comments on a proposed rule providing for advance notification to governors of states of the transportation of nuclear waste.
The 90-day comment period expired March 9, 1981.
Copies of the proposed rule with a request for comments were also sent to state governors.
The final rule is essentially the same as the proposed rule except that its scope has been restricted to cover only large quantity (defined in 671.4(f) as exceeding Type B radioactivity limits) shipments of radioactive waste and spent fuel not covered under advance notification provisions of 10 CFR Part 73.
The Rule The Commission and the U.S. Department of Transportation (DOT) have established packaging standards for packages for various quantities of radioactive material to provide for adequate safety of the public.
There are two basic categories 2
Enclosure "B'
of packages, Type A and Type B.
Type A packages must be designed to withstand the rigors of normal transport but are not designed to withstand transport accidents.
Therefore, the quant.ities and types of radioactive nterial which may be transported in Type A packages are limited so that, if material release occurs in an accident, no significant hazard to public health and safety would result.
Type B packages, which contain larger quantities of radioactive material, are designed to withstand both tne normal conditions of transport and speci'fied accident conditions. While limits are set for Type B quantities cf radioactive materials, there are no quantity limits for radioactive material per se in Type B containers.
Accordingly, quantities larger than Type B, designated large quantities, may also be transported in Type B containers.
However, regulatory requirements, which set limits on such factors as weight, volume, decay heat generation, and criticality control, place practical restrictions on the contents of Type B containers.
The NRC has recently affirmed the adequacy with respect to safety of existing 10 CFR Part 71 in its Withdrawal of Advance Notice of Rulemaking, " Radioactive Material Packaging and Transportation by Air," (46 FR 21619, April 13,1981).
In reaching this conclusion, it cited NUREG-0170, the Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes, which, after considering the types and quantities of materials shipped in Type A and Type B and large quantity packaging, states that the patential risk of transportation is small.
Radioactive material shipments, including spent fuel shipments, were considered in NUREG-0170 and are subject to the NRC regulations in 10 CFR Part 71 which 3
Enclosure "B"
the Commission found to be adequate with respect to transportation safety.
However, the Congress in Section 301(a) of Public Law 96-295 has specifically required prenotification for spent fuel shipments.
Thus, while Congress leaves to the Commission's judgment, on the basis of potential significant hazard to public health and safety, which types of nuclear waste may be excluded from prenotification, it has also made it clear that at least one type of material, spent fuel, is not to be excluded.
Shipments of spent fuel are almost all large quantity (defined in 971.41(f) as exceading Type B radioactivity limits) shipments.
Almost all spent fuel shipments will contain in excess of 100 grams mass of spent fuel and will be covered under tne amendment to 10 CFR Part 73.
At the present time, all large quantity shipments of radioactive waste, excluding spent fuel, are of low level waste.
In the future, should reprocessing of power reactor spent fuel resume, shipments of solidified high level waste would be expected to occur.
Such shipments would be expected to be in large quantities, and the characteristics of such high level waste would be similar, in terms of radioactivity and heat load, to spent fuel.
After reviewing the data on radioactive waste shipments which is currently available, the Commission has determined that its conclusion on the adequacy of existing 10 CFR Part 71 with respect to the safety of radioactive material transportation should be reaffirmed.
It also has determined that, in accord-ance with the intent of Congress in Section 301 of Public Law 96-295, for shipments of radioactive waste which include large quantities of radioactive 4
Enclosure "B"
waste and spent fuel required to be shipped in Type B packaging, prenotifica-tion shall be required.
Shipments of all other types of radioactive materials do not pose a potentially significant hazard to the public health safety, and such types of materials are excluded from shipment prenotification requirements.
The NRC also recognizes that, while the term "large quantity" may be eliminated as a result ci' proposed rulemaking to revise regulations for the transportation of radioactive material to make tham compatible with those of the International Atomic Energy Agency (" Packaging of Radioactive Material for Transportation and Transportation of Radioactive Material Under Certain Conditions, Compatibility with IAEA Regulations," 44 FR 48234, at 48236, August 17, 1979), this revision will address types and quantities of radioactive materials presently covered under these regulai ors so that no purpose would be served at this time in attempting in this rulemaking to separately redefins the term "large quantity" for advance notification.
In accordance with the intent of Congress and consistent with the Commission's determination that shipments of radioactive waste do not pose a potentially significant hazard to the health and safety of the public, the Commission is amending its regulations in 10 CFR Part 71 to require NRC licensees to notify state governors in advance of all large quantity shipments of radioactive waste and of spent fuel rot covered under the amendment to 10 CFR Part 73 (generally 100 grams mass or less) required to be shipped in Type B packaging.
Advance notification requirements for spent fuel shipments in excess of 100 grams mass are being addressed by the Commission in a separate rulemaking action in 5
Enclosure "B'
10 CFR Part 73 for safeguards purpeses.
A companion notice covering this action is published elsewhere in this issue of the Federal Register.
Shipments of large quantities (defined in p?1.4(f) as exceeding Type B radioactivity limits) of radioactive waste. including spent fuel not subject to 10 CFR Part 73 (approximately 100 grams mass or less) are covered in this amendment to 10 CFR Part 71.
The amendment to 10 CFR Part 71 will requ' ire licensees to supply the following information:
the name, address, and telephone number of the shipper, carrier and receiver of the shipment, a description of the material to be transported, point of origin, estimated period of departure, estimated periods of arrival at state boundaries, the destination of the shipment, the estimated period of arrival, and a point of contact for current shipment information.
This infor-mation would be provided by mail postmarked at least seven days or delivered by messenger at least four days in advance of the estimated period of departure, to the offices of the governors of affected states or their designees.
A new information requirement containad in a recent DOT rulemaking (" Radioactive Materials; Routing and Driver Training Requirements," 46 FR 5298, January 19, 1981) may lessen the impact of this amendment since shippers are on notice that they may need to develop procedures for reporting to DOT and can arrange to extend this effort to include NRC.
The DOT Final Rule " Radioactive Materials; Routing and Driver Training Requirements," would require that route plans for large quantity shipments be submitted to the DOT Materials Transpo-Ltion Bureau (49 CFR 173.22(c) 46 FR 5298 at 5316, January 19, 1981).
6 Enclosure "B"
This final rule, unlike the DOT Final Rule (46 FR 5298), affects only NRC licensees, resulting, at the outset, in a situation where governors will not receive notification concerning a fraction of the total number of shipments, since some shipments of interest will be made by Agraement State licensees.
This situation was anticipated, as noted in the additional views of several representatives (opposed to the requirement of Section 301) appearing at page 37 of H. Rept.96-194, Part 2 (June 29, 1979):
"Further, the NRC currently licenses possession of radioactive materials in only 25 [now 24] states.
Under agreements between the NRC and the remaining states, those states would also have to implement regulations under this amendment."
The Comments NRC received 62 letters containing more than 300 comments on the proposed rule.
Comments were received from these entities as follows:
state governors or state agencies........ 21 individuals from public sector.........
.. 19 n u c l e a r i n d u s t ry......................... 18 federal agencies.........................
3 city mayor...........
....................._1 Total:
62 commentors 7
Enclosure "B"
The comments covered three general categories:
(1) the scope of the rule, (2) its impacts and (3) administrative considerations.
1.
Scope of the Rule a.
,C.ontents of packaaes suoject to prenotification requirement Coaments received ranged from favoring inclusion of almost all radioactive wastes for prenotification to not promulgating any amendment at all.
Initially, the NRC contemplated that all waste required to be shipped in Type B packaging should be included.
Type B packaging designs are required to be accident resistant because Type B quantities of radioactive wastes are potentially a more significant hazard to the public health and safety if they are not adequately contained.
However, NRC regulatory requirements for Type B packaging have been found to be adequate.
As has been ncted ' erein, the NRC has recently affirmed the adetJacy with respect to safety of Type B packaging in a withdrawal of Advance Notice of Rulemaking, " Radioactive Material; Packaging and Transportation by Air" (46 FR 21619, April 13,1981).
In reaching this conclusion, it cited NUREG-0170, the Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes, which, after cunsidering the types and quantities of materials shipped in Type A and Type B and large quantity packaging states that the potential risk of transportation is small.
Upon further consideration and review of the currently available data on radioactive waste shipments, the Commission has determined that ship-ments of radioactive waste do not pose a potentially significant hazard to 8
Enclosure "B"
the health and safety of the public.
However, Congress has specifically required prenotification of shipments of spent fuel, which are almost always large quantity shipments, for prenotification.
Accordingly, the Commission is amending the regulations in 10 CFR Part 71 to require NRC licensees to notify state governors or their designees in advance of all large quantity shipments of radioactive waste and of spent fuel not covered under the amendment to 10 CFR Part 73 required to be in Type B packaging.
In the opinion of the Commission, this amendment is consistent with the intent of Congress which specifically included spent fuel, almost always shipped in large quantities, in the prenotification provisions of Section 301(a) of Public Law 96-295, but also authorized the Commission to determine which types of radioactive waste may be excluded from prenotification requirements.
The NRC also believes that the varying concerns of the states can best be addressed by limiting NRC prenotification requirements to large quantity shipments of radioactive waste, including spent fuel.
In its recent June 8, 1981 meeting, the State Planning Council on Radioactive Waste Management endorsed prenotification of high-level or large quantity shipments of radio-active materials, including spent fuel.
Finally, after consideration of comments, the NRC believes that inclusion of all shipments of Type B packaged waste is likely to cause an unwieldy paper management problem and reduce the utility of the notification system.
For this reason the NRC determines that limiting advance notification to lacge quantity shipments will significantly re duce an undue administrative burde, of 9
Enclosure "B"
notification on states and shippers.
The number of shipments expected under this more restricted rule is a few hundred annually and will more likely be less than one percent of the 24,000 Type B shipments per year previously estimated in i.he proposed rule.
b.
Emeraency preparedness concerns These issues are already being addressed outside this rulemaking action and therefore do not require further discussion at this time.
As the Commission noted on April 13, 1981 in its Withdrawal of Advance Notice of Rulemaking (46 FR 21619),
"In another separate action, the NRC, in cooperation with the Federal Emergency Management Agency and other federal agencies is currently developing guidance material to be used by state agencies in developing emergency response plans for transportation accidents involving radioactive material."
c.
State and local authority Since the advance notification rule is solely informational and does not in any way preempt existing state or local authority with respect to regulation of transportation of radioactive materials, the concerns raised on the impact of the rule on state and local authority, particularly on the issue of preemption, are not germane.
With respect to concerns over the failure to include Agreement State licensees under prenotification requirements, Congress did not choose to amend the Atomic Energy Act of 1954, as amended, to subject 10 Enclosure "B"
Agreement State licensees to this requirement.
However, NRC plans to work with Agreement states to make regulations equivalent to this rule a matter of compatibility.
2.
Imoacts Concern was expressed over the potential impacts that the proposed amendment could have on the public health and on the safety of radioactive materials shipping.
Such comment varied considerably because of widely differing views of commenters as to the present dangers to the public of radioactive waste shipping and whether a greater degree of regulation would enhance or diminish public safety.
Concern was also expressed over potential problems for shipping accruing from the implementation of the proposed amendment.
Potential problems raised included additional radiation exposure to the public, impeding efficient shipping, the financial and administrative burden of reporting on shippers, carriers, state agencies, and safeguards.
In general, these comments indicated concern that the impact of the amendment was negative.
However, with respect to safeguards, inclusion of all Type B shipments under proposed 973.37(f) was also advocated.
A third area of concern was that NRC regulations be coordinated with the Department of Transportation.
This concern was generally directed toward the prospect of alleviating the administrative burden resulting from federal regulations on shipping.
The NRC has already addressed the issue of shipment safety in determining what types of wastes should be excluded from prenotification.
In accordance with the provisions of Section 301 (a) of Public Law 96-295 only shipments of large 11 Enclosure "B"
quantities of radioactive waste, including spent fuel, required to be shipped in Type B packaging are subject to the prenotification requirement.
Under existing transpnrtation regulations, such shipments are placarded and informa-tion on them is not restricted from the public.
Moreover, this regulation does not precmpt existing state and local authority over transportation.
The NRC has therefore concluded that requiring prenotification for large quantity shipments of spent fuel and radioactive waste will have negligible negative impacts on public health and safety and efficient shipping.
The Commission also believes that the exclusion from the prenotification requirement of all radioactive waste shipments except large quantities required to be shipped in Type B packaging, including spent fuel not covered under the amendment on advance notification to 10 CFR Part 73, will significantly reduce the financial and administrative burden on states, carriers, and shippers of such notification.
Based on estimates contained in NUREG-0170, the Final Envi-ronmental Statement on the Transportation of Radioactive Material by Air and Other Modes, in 1985 shipments of Type B wastes are expected to number 24,000 while large quantity shipments are only expected to number, at most, a few hundred annually and more probably less than one percent of the 24,000 Type B waste shipments.
With respect to coordination with the Department of Transportation, DOT announced in the preamble to its final rule on " Radioactive Materials; Routing and Driver Training Requirements" (46 FR 5298, January 19, 1981) that, 12 Enclosure "B"
"In order to prevent a possibly severe inconsistency between NRC and DOT transportation requirements, the DOT will have to wait at least until final rules are issued for NRC licensees before undertaking a rulemaking proceeding to consider specific prenotification requirements for other types of large quantity shipments."
3.
Administrative Considerations A number of changes which were suggested or raised for consideration in comments may be categorized as administrative in nature.
These included:
inclusion of route information, use of generic reporting, creation of a federal clearing-house for notification, designation of a state agency addressee for notifica-tion receipt other than the office of the governor, restrictions on notification information to be supplied, clearer definition of carrier and licensee responsi-bilities, requesting state acknowledgement of notification before a shipment could enter a state, additional documentation requirements related to notification, and changes in the period required prior to shipment.
With one exception, notification to a governor's designee, which will serve to facilitate state response, these comments have not been adopted in this rule.
Three of these comments, inclusion of route information, use of generic reporting, and the creation of a federal clearinghouse for reporting information were sub-stantially resolved in the recent DOT rulemaking on " Radioactive Materials; Routing and Diiver Training Requirements" (46 FR 5298, January 19, 1981), the preamble to this final DOT rule states in part, 13 Enclosure "B"
"Also a provision is added to S173.22(c) to require shippers of a large quantity package of radioactive materials to file a copy of the route plan prepared for that shipment within 90 days following the shipment with D0T.
The Department intends to consolidate the information contained in the route plans and supply it to interested parties."
This effort by DOT to obtain post-shipment information is likely to provide greater accuracy in such reporting, and any NRC efforts would be largely duplicative.
The Commission believes that r,coposals on restricting information to be supplied in reporting would be confusing and burdensome.
Provision for some state governors to decline to receive prenotification would also be a burden to licensees.
Governors are not required to take any action on prenotifications received and are free to dispose of them since they will not contain protected information that Part 73 prenotifications will.
Provision for receipt of partial information, which was also suggested, would result in increased paperwork since, for a single shipment, different amounts of information would be required for different states and militate against use of a standard reporting form.
As already noted, summary information is expected tc be available from 00T as a result of its h:ghway routing rule.
In addition, NRC staff plans to forward to DOT advance notifications received for DOT's data base.
Another restriction suggested, requiring a state to reapply periodically for continued receipt of notification, does not comport with congressional intent in Section 301 of Public Law 96-295.
14 Enclosure "B"
The text of S71.5a makes it clear that responsibility for advance notification of a shipment of nuclear waste, as defined in S71.4(r), rests with the licensee, i.e., the shipper, not the carrier.
Requiring shippers to await state acknowl-edgement of notifications would likely impede interstate shipping and could burden interstate commerce by effectively excluding shipments f rom states which did not choose to establish means of promptly acknowledging such notifi-cations.
With regard to suggestions that would require additional documentation from licensees, such as, for example, requiring licensees to document telephoned notification changes by letter, the NRC concludes that the additional burden on industry and states is not worth such effort.
No change has been made in the period of time within which advance notification of a shipment must be given.
A shorter period would tend to reduce the effectiveness of notification by mail and a longer period does not seem necessary.
Basing the period on arrival at individual state boundaries rather than shipment departure '<oula result in multiple and differing notifications for a single shipment which would reouire additional effort and possibly contribute to confusion in reporting.
ENVIRONMENTAL IMPACT STATEMENT In accordance with 10 CFR 51.5(d)(3), an environmental impact statement, negative declaration, or environmental impact appraisal need not be prepared in connection with this rulemaking action because the amendments are nonsubstantive and insignificant from the standpoint of environmental impact.
15 Enclosure "B"
PAPERWORK STATEMENT The Nuclear Regulatory Commission has submitted this rule to the Office of Management and Budget for such review as may be appropriate under the Paperwork Reduction Act, P.L.96-511.
The SF-83, " Request for Clearance," Supporting Statement, and other related documentation submitted to OMB have been placed in the NRC Publ Document Room at 1717 H Street NW, Washington, DC 20555 for inspection and pying for a fee.
After careful consideration of the comments on the proposed rule, the Commission, for the reasons set out in the preamble and pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, Section 301 of Public Law 96-295 (94 Stat. 789-790), and Sections 552 and 553 of title 5 of the United States Code, has adopted the following amendments to 10 CFR Part 71 which are published as a document subject to codification.
PART 71 - PACKAGING OF RADI0 ACTIVE MATERIAL FOR TRANSPORT AND TRANSPORTATION OF RADI0 ACTIVE MATERIAL UNDER CERTAIN CONDITIONS 1.
In the table of contents for 10 CFR Part 71, the portion of Subpart A which precedes the center heading " Exemptions" is revised to read as follows:
16 Enclosure "<'
Subpart A - General Provisions Sec.
71.1 Purpose.
71.2 Scope.
71.3 Requirement for license.
71.4 Definitions.
71.5 Transportation of licensed material.
ADVANCE NOTIFICATION TO STATES OF TRANSPORT OF NUCLEAR WASTE 71.5a Transport of nuclear waste--Advance notification requirement 71.5b Advance notification of shipment of nuclear waste; Revision notice; Cancellation notice.
EXEMPTIONS 2.
The authority for 10 CFR Part 71 is revised to read as follows:
Authority:
Secs. 53, 57, 62, 63, 81, 161b, i and o, 182, 183, Pub. L.83-703, 68 Stat. 930, 932, 933, 935, 948, 949, 950, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201(b), (i) and (o),
17 Enclosure "B"
2232 and 2233), Secs. 201, 202, and 206, Pub. L.93-438, 88 Stat. 1242 as amended, 1244, and 1246 (42 U.S.C. 5841, 5842 and 5846).
For the purposes of Sec. 223, Pub. L.83-703, 68 Stat. 958, as amended (42 U.S.C. 2273), 9971.61-71.63 issued under Sec. 1610, 68 Stat. 950 as amended (42 U.S.C. 2201(o)).
Secs. 71.4(r) and (s), 71.5a and 71.5b also issued under Sec. 301, Pub. L.96-295, 94 Stat. 789-790.
3.
In $71.4, new paragraphs (r) and (s) are added to read as follows:
571.4 Definitions (r) " Nuclear waste" as used in SS71.5a-71.5b means (1) Any large quantity of source, byproduct, or special nuclear material required by this part to be in Type B packaging while transported to, through, or across state boundaries to a disposal site, or to a collection point for transport to a disposal site, or (2) Any large quantity of irradiated fuel required by this part to be in Type B packaging while transported to, through, or across state boundaries irrespective of destination if the quantity of irradiated fuel is less than that subject to advance notification requirements of 10 CFR Part 73.
(s) "5: ' e" as used in S$71.5a-71.5b means the several States of the Union, the Disit ict of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 18 Enclosure "B"
Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
4.
Immediately following S71.5, a new centerhead and new SS71.5a and 71.5b are added to read as follows:
Advance Notification to States of Transport of Nuclear Waste 571.5a Transport of Nuclear Waste--Advance Notifiration Requirement.
Prior to the transport of any nuclear waste outside of the confines of the licensee's plant or other place of use or storage, or prior to the delivery of any nuclear waste to a carrier for transport, each licensee shall comply with the procedures in 571.5b for advance notification to the governor of a state or the governor's designee for the transport of nuclear waste to, through, or across the boundary of the state.
S71.5b Advance Notification of Shipment of Nuclear Waste; Revision Notice; Cancellation Notice.
(a) Where, when, and how advance notification must be sent.
The notification required by S71.5a must be made in writing to the office of each appropriate governor or governor's designee and to the Director of the appropriate Nuclear Regulatory Commission Inspection and Enforcement Regional Office listed in Appendix A of Part 73 of this chapter.
A notification delivered by mail must be postmarked at least seven days before the beginning of the seven-day period during which departure of tne shipment is estimated to occur.
A notification delivered by messenger must reach the office of the governor or of the goverr.or's 19 Enclosure "B"
designee at least four days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.
A list of the mailing addresses of the governors and governor's designees is available upon request from the Director, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
A copy of the notification shall be retained by the licensee as a record for one year.
(b) Information to be furnished in advance notification of shipment.
Each advance notification of shipment of nuclear waste must contain the following information:
(1) The name, address, and telephone number of the shipper, carrier, and receiver of the nuclear waste shipment.
(2) A description of u e nuclear waste contained in the shipment as required by the regulations of the U.S. Department of Transportation in 49 CFR 95172.202 and 172.203(d).
(3) The point of origin of the shipment, and the seven-day period during which departure of the shipment is estimated to occur; (4) The seven-day period during which arrival of the shipment at state boundaries is estimated to occur; (5) The destination of the shipment, and the seven-day period during which arrival of the shipment is estimated to occur; and 20 Enclosure "B"
(6) A point of contact with a telephone number for current shipment information.
(c) Revision Notice.
A licensee who finds that schedule information previously furnished to a governor or governor's designee in accordance with 971.5b(b) will not be met, shall telephone a responsible individual in the office of the governor of the state or of the governor's designee and inform that individual of the extent of the delr/ relative to the schedule originally reported in writing under the provisions of 971.5b(b).
The licensee shall maintain a record of the name of the individual contacted for one year.
(d) Cancellation notice.
(1) Each licensee who cancels a nuclear waste shipment for which advance notification has been sent as required by S71.5a shall send a cancellation notice to the governor of each state or'the governor's designee previously notified and to the Director of the appropriate Nuclear Regulatory Commission Inspection and Enforcement Regional Office listed in Appendix A of Part 73 of this chapter.
(2) The notice shall state that it is a cancellation and shall identify the advance notification which is being cancelled.
A copy of the notice shall be retained by the licensee as a record for one year.
Dated at Washington, D.C. this day of
, 1981.
For the U.S. Nuclear Regulatory Commission.
Samuel J. Chilk, Secretary of the Commissicn 21 Enclosure "B"
ENCLOSURE C
4 NRC ADOPTS REGULATIONS FOR NOTIFICATION OF GOVERNORS ON NUCLEAR WASTE SHIPMENTS The Nuclear Regulatory Commission is changing its regulations to require licensees to notify governors in advance when shipments of spent nuclear fuel or potentially hazardous nuclear wastes will be passing through their states.
The revisions to the regulations implement Section 301 of Public Law 96-295, under which Congress required the NRC to " promulgate regulations providing for timely notification to the governor of any state prior to the transport of nuclear waste, including spent nuclear fuel, to, through, or across the boundaries of such state." The law indicates that the notification requirements should not apply to nuclear wastes of amounts and types that the Commission determines do not present a potentially significant hazard to the public health and safety.
Propos'ed regulations were published in the Federal Register on December 9, 1980, for public comment.
For spent fuel shipments, the final rule is essentially the same as the one proposed, except that licensees are required to provide notification of shipments to the governor's designee--
rather than the governor--if the governor so desires.
The Enclosure "C"
. 2 amendments on this subject are contained in Part 73 of the Commissi n's regulations.
After consideration of the public comments received on the proposed regulation for notification of governors on potentially hazardous nuclear wastes, other than spent fuel, the Commission has decided to change the scope of the rule so as to cover only large quantities of nuclear waste, as defined in the Commission's regulations.
As proposed, the amendments to Part 71 of the Commission's regulations would have required advance notification of governors for approximately 24,000 radioactive waste ship-ments per year.
After consideration of the comments received, the NRC believes that inclusion of all these shipments is likely to cause an unwieldly paper management problem and reduce the usefulness of the notification system.
Also, the Commission affirmed on April 13, 1981, that its present regulations governing the transportation of radioactive material are adequate with respect to safety.
This conclusion was reached as the result of a public ru]e-making proceeding initiated in 1975 and was based largely on the NRC's " Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes" (NUREG-0170), which was issued in 1977.
Enclosure "C"
Congress, while specifically requiring that governors be prenotified on spent fuel shipments, has left to the Commission's judgment--based on potential hazard--which other types of nuclear materials will be subject to pre-notification.
The Commission accordingly has determined that--in accordance with the intent of Congress and con-sistent with the Commission's determination that shipments of radioactive waste do not pose a potentially significant hazard to the public health and safety--prenotification will be required only fc r large quantities of radioactive waste.
This will considerably lessen the administrative burden, since only a few hundred shirnents of large quantities of radioactive waste are made annually.
The revised regulations will be effective
(
days af+.er publication in the Federal Register on
)
Enclost.rt "C" ac