ML19305B935

Forwards 800229 & 0303 Fr Notices Re Immediate Reporting of Significant Events by Licensees & Proposed Revisions of NRC Environ Protection Regulations

ML19305B935
Person / Time
Site:	Crane
Issue date:	03/14/1980
From:	Swartz L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Herbein J, Sholly S, Trowbridge G AFFILIATION NOT ASSIGNED, METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
References
NUDOCS 8003250363
Download: ML19305B935 (33)

Text

.

?

[t UNITED STATES

+

5 g

NUCLEAR REGULATORY COMMISSION g

E WASHING TON, D. C. 20555

..... p' March 14, 1980 MULTIPLE ADDRESSEES (SeeAttachedListofParties)

In the Matter of:

METROPOLITAN EDISON COMPANY, ET AL.

(Three Mile Island, Unit TT -

Docket No. 50-289

Dear Parties:

Enclosed are two Federal Register notices for your information.

The notice dated February 29, 1980 deals with the immediate reporting of significant events to NRC by licensees. The notice of March 3,1980 concerns proposed revisions of NRC environmental protection regulations.

Sincerely,

%C L'. lk(L 6%U

%4 c?

Lucinda Low Swartz Counsel for NRC Staff cc w/ enclosures:

Ivan W. Smith, Esq., Chairman Dr. Walter H. Jordan Dr. Lind' W. Little 8 008250 M

. LIST OF PARTIES, George F. Trowbridge, Esq.

Mr. Thomas Gerusky Shaw, Pittman, Potts & Trowbridge Bureau of Radiation Protection 1800 M Street, N.W.

Dept. of Environmental Resources Washington, D. C.

20006 P. O. Box 2063 Harrisburg, Pennsylvania 17120 Karin W. Carter, Esq.

505 Executive House Mr. Marvin I. Lewis P. O. Box 2357 6504 Bradford Terrace Harrisburg, Pennsylvania 17120 Philadelphia, Pennsylvania 19149 Honorable Mark Cohen Metropolitan Edison Company 512 D-3 Main Capital Building ATTN:

J. G. Herbein Vice President Harrisburg, Pennsylvania 17120 P. O. Box 542 Reading, Pennsylvania 19603 Mr. Steven C. Sholly 304 South Market Street Ms. Jane Lee Mechanicsburg, Pennsylvania 17055 R.D. 3; Box 3521 Etters, Pennsylvania 17319 John Levin, Esq.

Pennsylvania Public Utilities Comm.

Walter W. Cohen, Consumer Advocate Box 3265 Department of Justice Harrisburg, Pennsylvania 17120 Strawberry Square, 14th Floor Harrisburg, Pennsylvania 17127 Ms. Frieda Berryhill, Chairman Coalition for Nuclear Power Plant Holly S. Keck Postponement Anti-Nuclear Group Representing York

-2610 Grendon Drive 245 W. Philadelphia Street Wilmington, Delaware 19808 York, Pennsylvania 17404 Chauncey Kepford Mr. Ellyn R. Weiss Judith H. Johnsrud Sheldon, Harmon, Roisman & Weiss Environmental Coalition on Nuclear Power 1725 I Street, N.W.

433 Orlando Avenue Suite 506 State College, Pennsylvania 16801 Washington, D. C.

20006 Robert Q. Pollard Jordan D. Cunningham, Esq.

Chesapeak Energy Alliance Fox, Farr and Cunningham 609 Montpelier Street 2320 North 2nd Street Baltimore, Maryland 21218 Harrisburg, Pennsylvania 17110

e

. l Allen R. Carter, Chairman Ms. Marjorie M. Aamodt Joint Legislative Committee on Energy R.D. #5 Post Office Box 142 Coatesville, Pennsylvania 19320 Suite 513 Senate Gressette Building

• Atomic Safety and Licensing Appeal Board Columbia, South Carolina 29202 U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Theodore A. Adler, Esq.

WID0FF REAGER SELK0WITZ & ADLER

• Atomic Safety and Licensing Board Panel Post Office Box 1547 U. S. Nuclear Regulatory Commission Harrisburg, Pennsylvani: 17105 Washington, D. C.

20555 Ms. Karen Sheldon

• Docketing and Service Section Sheldon, Harmon, Roisman & Weiss U. S. Nuclear Regulatory Commission 1725 I Street, N.L'.

Washington, D. C.

20555 Suite 506 Washington, D. C.

20006 t

l 13434 Federal Register / Vol. 45 No. 42 / Friday, February 29, 1980 / Rules and Regulations policies of the new Act will govern for public. The U.S. Customs Service has no sUPPt.fMENTARY NePORMATION:De permits issued under the new Act.

objection to the closure of this port.

capability of the NRC to make timely Bob Bergland, In the light of the foregoing, the decisions and to provide adequate Secretary.

following amendment is hereby assurances regarding actual or potential February 22.1980.

prescribed to Chapter I of Title 8 of the threats to public health and safety, in Doc. ames ra.d s-zwa a es..]

Code of Federal Regulations:

depends heavily on the rapidity with awwo coot mui-as which significant events are PART 100-STATEMENT OF communicated by nuclear power reactor

~

~~

- ~ ~ -

ORGANIZATION licensees to NRC. The majority of events DEPARTMENT OF JUSTICE In Part 100. I 100.4(c)(2) is amended occurnng throughout the nuclear b del ting In us Minn from e li t f industry pose little or no serious or d

immediate threats to the public health Immigration and Naturalization Service and safety: however, certain events do 10-St. Paul, Minn. As amended, 4 CFR Part 100 l 100.4(c)(2) reads in pertinent part, as pose'"

b or generate fear or ua1 c i U ws:

NRC has an important obligation to Closing of Port of Entry at Indus, Minn.

I 100.4 Fiesd service.

collect facts quickly and accurately about significant events, assess the j

AGENCY: Immigration and Naturalization Service, justice.

(c) Suboffices.* * *

' facts, take necessary action, and inform the public about the extent of the threat, actioec Final rule.

if any, to public health and safety. Not

SUMMARY

This final rulemaking order (2) Ports of entryfor ab. ens arriving only must NRC act promptly to prevent amends the regulations of the by Fe88el r by I nd fron8Portation.

or minimize possible injury to the public,

)

Immigration and Natura!!zation Service It must also take appropriate action to l

to close the Class B port of entry at Dstrict No.10-St. Paul, Minn.

alleviate fear or concern created as a 1

Indus, Minnesota, and delete reference result of such events.

to that port from the Code of Federal After the accident at Three Mile Regulations. %e amendment is Class D island on March 28,1979, the NRC staff necessary because the inspector, who Crane Lake. Minn.

acted to ensure the timely and accurate served as an excepted immigration Oak Island. Minn.

flow ofinformation from licensees of

)

operating nuclear power reactors l

inspector has retired, and will not be replaced on account of Service (Sec.103 la U.S.C.1103))

following significant events. Dedicated telephone lines have been installed from manpower considerations. The Effective date. This amendme.nt becomes effective on March J1,1980.

aU perating power plants to the NRC amendment is intended to amend the Code of Federal Regulations to reflect Operations Center and the Regional the closing of this port.

Dated. February 23.1980.

Offices. A line is located in each control EFFECTIVE DATE: March 11,1980.

David Crosland.

room with provisions made for FOR FURTHER INFORMATION CONTACT:

F. P. Murphy. Deputy Assistant specified locations at the facihty. When Naturchiatwo.

Commissioner for Inspections, IFR Doc e>eos nWs-am a es amj these phones are picked up to report

"""o caos 44m gn cant evenu, thy automancaHy Immigration and Naturalization Service.

n8 at Perahs hr and Telephone: (202) 633-3275.

can be held open as long as needed.

SUPPLEMENTARY INFORMAtlooc NUCLEAR REGUt.ATORY NRC's Office ofInspection and Reference is made to the Notice of COMMISSION Enforcement (OIE) issued Dulletins and Proposed Rulemaking published on sent letters requestimt each licensee to March 13,1979 at 44 FR 14562 in which it 10 CFR Parts 20 and 50 review its prompt reporting procedures was proposed to close the Class D port to NRC. These were intended to make of entry at Indus, Minnesota, and delete immediate Reporting of Significant certain that each licensee notifies NRC rderence to it from the Code of Federal Events at Operating Nuclear Power within one hour of the time the reactor is Regulations.

Reactors not in a controlled or expected condition Only one representation was received of operation. Once the licensee has AcENCv:U.S. Nuclear Regulatory in connection with this proposed rule making. ilowever, that comment did not Commission.

notified NRC, an open, continuous communication channel is established take issue with our proposal to close the ACTiow: Final rule.

and maintained between the licensee port. After careful consideration of that and NRC.

SUMMARY

The Nuclear Regulatory representation it has been decided t The NRC staff has contm, ued to close the port of entry at Indus, MN, and Commission (NRC)is amending its delete reference to it from the Code of regula tions, effective immedia tely, to evaluate licensees

• responses to OIE's I

Federal Regulations, require timely and accurate information Bulletins and letters and to analyze taa kinds of significant events that should persons who would have sought to Q rn licensees to NRC following enter the United States at the port of sigmficant events at operating nuclear be reported immediately. Dy their very nature. O!E's Bulletins and letters did Indus may apply for admission and/or power reactors.

not impose requirements on licensees, Canadian Boat landing Cards at the EFFECTIVE DATE: February 29.1980.

and in severalinstances licensees have port of entry located at International FoA FuRTHER NFoRMATION CONTACT:

not immediately reported significant Falls, Minnesota. International Falls is a Dudley Thompson Office ofInspection events to NRC. Moreover, the Bulletins short distance away from indus. It is, and Enforcement, U.S. Nuclear and letters did not describe in sufficient therefore not anticipated that the Regulatory Commission. Washington.

detail the specific types of significant closure ofIndus willinconvenience the D.C. 20555, phone 301-492-8177.

events NRC determined had to be l

i Federal Register / Vol. 45. No. 42 / Friday. February 29, 1980 / Rules and Regulations 13435 i i reported immediately.The Commission PART 20-STANDARDS FOR (7) Any event resulting in manual or has found that in order to take PROTECTION AGAINST RADIATION automatic actuation of Engineered necessary action to protect the health Safety Features. including the Reactor and safety of the public, twelve types of

1. Section 20.403 is amended by significant events should be reported adding a new paragraph (d) to read as Protection System.

(8) Any accidental, unplanned, or I

W8-immediately (within one hour) to it.

uncontrolled radioactive release.

Consequently. NRC has decided to f 20.403 Notification of incidents.

(Normal or expected releases from publish a rule requiring the immediate maintenance or other operational reporting by telephone of these events.

(d) For nuclear power reactors activities are not included.).

The events, which are described in licensed under l 50.21 or i 50.22. the (9) Any fatality or serious injury detail in the rule, include serious events incidents included in paragraph (a) and

',cc nbo" 8

that could result in an impact on the parsgraph (b) in this section shall in r

e 1

gy public health and safety such as those add don be reported pursuant to i 50L72.

for treatment ~

leading to initiation of the licensee's (10) Any serious personnel radioactive emergency plan or any section of the PART 50-DOMESTIC UCENSING OF contamination requiring extensive plan, the causing of the nuclear power PRODUCTION AND UTIUZATION onsite decontamination or outside plant to be in an uncontrolled condition.

FACILITIES assistance.

(11) Any event meeting the criteria of the exceeding of a safety limit, an act of

2. %e title preceding ( 50.70 is to CFR 20.403 for notification.

sabotage, or an uncontrolled release of changed to read as follows:

radioactivity. With regard to initiation (12) Strikes of operating employees or security guards, or honorin of the licensee's emergency plan, the Inspections. Records. Reporta, lines by these employees. g of picket Notifiestions Commission is presently in the process (b) With respect to the events of promulgating a rule conceming

3. A new section 50.72 is added to requirements for emergency plans for read as follows:

reported under subparagraphs (1). (2),

(3), and (4) of paragraph (a) of this nuclear power plants. Meanwhile, the 6 50.72 Notification of significant events, section, each licensee,in addition to Commission has published guidance on emergency preparedness at operating (a) Each licensee of a nuclear power prompt telephone notification, shall also nuclear power plants in NUREG-0610.

reactor licensed under i 50.21 or i 50.22 establish and maintain an open, This guidance has been sent to all shall notify the NRC Operations Center c ntinuous communication channel with affected licensees, as soon as possible and in all cases Le NRC Operations Center, and shall within one hour by telephone of the el se this channel only when notified by in view of11) the significance of these occurrence of any of the following NRC.

twelve types of events with respect to significant events and shallidentify that (Seca.181b. and o.. Pub. L 83-703, se Stat. e48 their ability to jeopardize the health and event as being reported pursuant to this (42 U.S.C. 22o1); Sec. 201. as ame..ded. Pub. L safety of the public. (2) the fact that section:

93-43a, as Stat.1243 (42 U.S.C. 584111 most of these events are not required (1) Any event requiring initiation of Dated at Washington. D.C. this 25th day of presently to be reported immediately to the licensee's emergency plan or any Febr5ary 1980.

NRC,(3) the problem oflicensees not section of that plan.

For the Nuclear Regu! story Commission.

having reported such events to NRC (2) ne exceeding of any Technical Samuel I. Chilk.

after receipt of OIE's Bulletins and Specification Safety Umit.

Secutary ofthe Commission.

letters, and (4) NRC's immediate need to (3) Any event diat results in the in om ams w se aw) know in order to act quickly. NRC has nuclear power plant not being in a

=maa coot posems determined that there is good cause to controlled or expected condition while operating or shut down.

wa e e or th u ic g9 (41 Any act that threatens the safety of DEPARTMENT OF ENERGY '

date, and has determined, therefore, that the nuclear power plant or site it is in the pub!!c interest to make this personnel, or the security of special Othce of Conservation and Soler rule effective immediately.

miclear material, including instances of Energy sabotage or attempted sabotage.

Although this rule is being published (5) Any event requiring initiation of 10 CFR Part 430 in effective form without a prior public shutdown of the nuclear power plant in comment period, the public is invited to accordance with Technical Specification

,,[, p

((g" 8Y '"

submit its views and comments. If Umiting Conditions for Operation p

possible, these comments should be (6) Personnel error or procedural Regulations for the Submission and submitted by April 29.1980. After inadequacy which, during normal d

a ema reviewing any views and comments operations, anticipated operational submitted, the Commission may occurrences. or accident conditions State Appilance Energy Use or reconsider or modify the rule as it prevents or could prevent, by itself,'the Efficiency Regulation; Editorial deems necessary, fulfillment of the safety function of those Chan9" Pursuant to the Atomic Enemy Act of structures. systems, and components AotNcy: Department of Energy.

1954, as amended, the Energy important to safety that are needed to (i)

Reorganization Act of 1974, as amended' shut d wn the reactor safely and ACTsoes Editorial Change to a Final Rule.

and sections 552 and 553 of title 5 of the maintain it in a safe shutdown FOR FURTHEM INFOR sATION CONTACT:

United States Code, the following condition, or (ii) remove residual heat Mr. James A. Smith. Department of amendments to to CFR Part 20 and to following reactor shutdown, or (iii) limit Energy. Office of Conservation and CFR Part 50 are published as a the release of radioactive material to Solar Energy.. Mail Station 2221C. 20 document subject to codification.

acceptable levels or reduce the potential Massachusetts Avenue NW.,

for such release.

Washington. D.C. 20585 (202) 376-4814.

t 4

4

13739 r d -" " *'"

Prapscod Ruim Vol 45. No. 43 Monday March 3.1980 e

Ths section of the FEDERAL REGISTER agency, published a new Part 51 in order accommodation can be reached contains evy.:es to the p#c of tne to consolidate Commission policy and between NRC's imlependent regulatory proposed usuance of rules and procedure for implementing section responsibilities and CEQ's objective of regulations. The purpose et these rocces 102(2)(C)of the NationalEnvironmental establishing uniform NEPA procedurcC*

is to 9ive in'.eresteo persons an Policy Act of 1969, as amended (NEPA),

and stating that "the Ccmmission would Ng in one place in the CommissionN undertake to develop regulations to take account of CEQ's NEPA regulations regulations. Part St. which became effective August 19.1974, was also voluntarily." subject to the following

~~

intended to implement revised conditions:

"1 %e Commission reserves the right Guidelines of the Councilon NUCt. EAR REGULATORY Environmental Quabty which were to examine (uture interpretations or published in the Federal Register on changes to the regulations on a case-by-COMMISSION

. 10 CFR Parts 2,30,40,50,51,70, and August 1.1973 (38 FR 20550-205a2) and, case basis.

"2.The effect of some specific 110 pertained to preparation of environmentalimpact statements under provisions of CEQ's NEPA regulations Environmental Protection Regulations NEPA.When the Nuclear Regulatory (e.g.,1502.14(b).1502.22(b) and 1508.18) for Domestic Ucensing and Related Commission was established on January on the Commissioni regulatory Regulatory Functions and Related 19.1975, it retained 10 CFR Part 51 as activities is unc' ear. (See SECY-79-305.

available in the Commission's Public Conforming Amendments part ofits regulations.

AGENCY:U.S. Nuclear Regulatory On May 24.1977, the President issued Document Room.) The Commission will Executive Order 11991 (42 FR 26957-devote additional study to these matters Commission.

26958. May 25,1977) which directed the before developing implementing ACTION: Proposed rule.

Council on Environmental Quality regulations.

suuMAny:The Nuclear Regulatory (CEQ) to issue regulations to the Federal "3. NRC reserves the right to prepare i

Commission (NRC)is considering agencies to implement all the procedural an independent environmental impact revising Part 51 cf its regulations to provisions of NEPA. In this same statement whenever it has jurisdiction implement section 10s2) of the National Executive Order, the President also over a particular activi+y es en though it Environmental Pdicy Act of19ti9 as directed Federal acencies to comp!y has not been designated as lead agency amended (NEPAL. in a manner which is with regulaticas issued by CEQ "except for preparation of the statcment consistent with the NRC's domestic where such compliance would be "4. NRC reserves the ri:;ht to make a final decision on all matter: within its licensing and related recu!atory inconsistent witn statutory authority and whirh reflects the regt.irementt" regulatory authoaty despite the

)

Cemmission s ro..cy to 1ake account in response to the President's provisions of 40 Cl R Part 1504 which I

voluntarily, s.6!ect to certain directh e and after an extensive period provide procedures for predecision conditions, of tr.e r.wbtions of the of study, consultation and re,lew which referrals to CEQ. shculd such l

Counc:1 on monee val Q2ahty included public hearings, issuance of procedures be empicyed by another j

j stons draft regulations and a two month agency with respect to an NRC action."

implementir.g the procedural prou..

In the paper to the Commission OI EA' period for public review and comment.

(SECY-79-305 at p.12). NRC staff also DATE: Comment period expires May 2.

the Couned on Environmental Quahty 1980.

published final regula tions implementing identified several specmc prosisions of ADDRESSES:Allinterested per? ons who the procedural provisions of NEPA and the CEQ NEPA regulations (see SECY-desire to submit written co nn.cnts or announced that these regulations would 79-305. Enclosure D) which could suggestions for consideration in become effective July 30.1979 (43 FR present problems if NRC w ere not connection with the proposed rule 55978-56007. November 29.1978). The allowed flexibility in implementing should send them to the Secretary of the regulations stated that the Council's them. In that paper the NRC staff Commission. U.S. Nuclear Regulatory current guidelines, e nublished in the inforn ed the Corr. mission that CEQ had Commission. Washington, D.C. 20555.

Federal Re;ister on August 1.1973.

_ been consubed informally about these Attention: Dockcting and Service would remain in etiect untd that date.

provisions and that based on CFFs Branch Copin of allcomments received Fct owing pubhcation November 29.

response to the NRC staff's cor.

A it may be examined in the Commission's 1978. CEQ's NEPA regulations were did not appear that implenienta. a of Public Document Room at 171711 Street.

closely studied by NRC staff. On May 1.

these provisions would be difficult.

NW., Washington, D.C.

1979.NRC staff submitted a paper to the In the opinion of the Commission. the FOR FURTHEST INFORM ATION CONTACT; Commission (SECY-79-305) informing proposed revision of 10 CFR Part 51 Jane R. Mapes. Assistant Regulations the Commission of the results of the published ioday for public comment Counsel. Office of the Executive Legal staff's analysis of CEQ's NEPA provides a reasonable and sound Director. U.S. Nuclear Regulatory regulations and requesting guidance. In accommodation between NRC's Commission. Washington. D.C. 20555.

response, the Commiss;on prepared a independent regulatory responsibilities j

telephone:(301) 492-6695.

letter for the signature of the Chairman and CEQ's objective of estabhshing SUPPt.EMENT ARY INFORM ATION:On July which was sent to the Chairman of the uniform NEPA procedures. It also 16.1974 (39 FR 26279). the Atomic Council on Environmental Quality on reflects a recognition of the Energy Commission, the Nuclear May 31,1979 expressmg the Commission's role (in its licensing Regulatory Commission's predecessor Commission's view "that a sound capacity as opposed to its enforcement D " OD *5

' CD 0 As M -6 a d e:r 6

h e

Federal Regi:ter / V:1. 45. N2. 43 / Mondry M:rch 3.1980 / Pr:pos:d Rul:s 13740 capacity) as a licensing body whose Contret Act Amendments of1972 section numbers have been intentionally principal function is to approve or

($ 51.10(c').

omitted.)

disapprove, not to imtiate, a proposal.

Section 51.10(b) identifies those Sections grouped under the heading After expiration of the comment period provisions of the Council's regulations

Preliminary Procedures" (il 51.20-and review and analysis of any which the Commission chooses, as a 51.35) include those identifying types of j

comments submitted, the Commission

. matter of policy, to follow, and those actions requiring environmental impact will decide whether to adopt the provisions to which the Commission will statements or environmental proposed revision of Part 51, with any devote further study before deciding to assessments or excluded from the NEPA modifications that may be necessary, as what extent such provisions may or process as categorical exclusions o final rule. Until a final rule is adopted, should mandate a change in present (il 51.20. 51.21 and 51.22). The requisite the Commission's present regulations Commission policy.The latter are 40 findings supporting the categorical will remain in effect.

CFR 1502.14(b).1502.22 (a) and (b). and exclusions listed in i 51.22(c) of the The proposed revision would the portion of 61508.18 which includes proposed rule are set out in the restructure 10 CFR Part 51 into several within the definition of major Federal statement of considerations under the subparts. Proposed regulations action"the circumstance where the heading " Categorical Exclusions."

implementing section 102(2) of NEPA are responsible officials fail to act and that when proposed Subpart A becomes set out in Subpart A. It is the -

failure to act is reviewable by courts or effective. all Commission actions, except Commission's plan to add subparts as administrative tnbunals under the actions totally excluded from Subpart A.

necessary to incorporate any additional Administrative Procedure Act or other and actions falling within classes of regulations whkh may be required to applicable law as agency action."

actions designated as categorical implement provisions of other Section 51.10(b) also provides that the exclusions, will be subject to the NRC e2vironmental laws.

Commission wilh NEPA review process. As a Environmental protection regulations (1) Examine any future interpretation consequence, many actions which were contained in proposed Part 51 only or change to the CounciFs NEPA previously excluded from NEPA review apply to the NRC's domestic licensing regulations:

(specifically those actions described in and related regulatory functiens. The (2) Follow the provisions of 40 CFR 10 CFR 51.5(d)(4) of the Commission's proposes! regulations do not apply to 1501.5 and 1501.6 relating to lead present regulations) 8will require cxport hcensing matters within the agencies and cooperating sgencies, environmental assessments. To limit the sc:pe of 10 CFR Part 110. (The proposed except that the Commission reserves the preparation of environmental regulations do cover imports of nuclear right to prepare an independent assessments to those types of actions f cilities and materials.) Nor do the environmentalimpact statement for which they are really needed, whenever the Commission has additional categorical exclusions might proposed regulations apply to any cnvironmental effects which NRC's regulatory jurisdiction over an activity, be estab!!shed. Comments and licensing and related.gdatory even thou;;h the Commission has not suggestions on this matter are invited.

functions may have upon the been designated as lead agency for Also included under

• Preliminary snvirenment of foreign nations or the preparation of the statement: and Procedures" are sections directing the glibal commons. (The global commons (3) Reserve the right to make a final NRC staff to determine what NEPA comprises areas outside the jurisdiction decision on any matter within the procedures are applicable to a particular cf any nation, e g.. the oceans or Commission's regulatory authority even proposed action, to publish a notice of Antarctica.l'Tlis approach is consistent though aneter a;;cncy has made a intent and conduct a sceping process with that taken by the Council on predecisio, referral of an NRC action whenever the staff plans to prqara an Environmental Q,ahty in the preamble to the Cour.td under the procedures of environmentalir.ipact statement, und to t2its effective NEPA Wutations, 40 CFR Part 15M.

publish any finding cf no :ignificant nimely that it was not the purpose of Unhke the present text of 10 CFR Part impact. SectWa 51.33 comains those regulations to resolve the question 51, which contains procedures procedures which will enable the staffin tf whether NEPA applies abroad.8 implementing the provisions of section difficult cases to prepare and obtain In addition to these limitations, the 102(2)(C) of NEPA rJating to the comments oa a draft finding of no regulations in proposed Subpart A also preparation and use of environmental significant irt pact before deciding state that Commission actions initiating impact statements, proposed Subpart A whether to is.:ue a final finding of no or relating to administrative or judicial contains procedures implementing all significant impact or to prepare an civil or criminal enforcement actions or the provisions of section 102(2) of NEPA. environmentalimpact statement, proceedings are not sub!cct to section In prsparing the proposed revision of to Section 51.28, which describes the 102(2) of NEPA (151.10(d)) and that CFR Part 51, the Commission has been scoping process, directs the appropriate Subpart A does not address any mindful of, and has attempted to reilect NRC staif director or his designee to limitations en the NaC's authority and in these proposed reculations, the fact prepare a concise summary of the responsibility pursuant to NEPA that in exercising its licensing functions, determinations and conclusions reached imposed by the Federal Water Pollution the Commis. on is limited to approval or and significant issues identified and to denial of applicaitons. Except for its furnish copics of the summary to each

'Esecutive Order 12114. bnuary s,19'9. on power to condition its approval of th.

participant. Section 51.28 afsa authorizes

Enstronmental Effects Abroad of Major Federal proposed action. the Commisrion lacks the appropriate NRC staff director or his Actions." Sect.on 2-3(a).

authority to require other alternatives to 8 to Cm st.stdh4) states "tdl Unless otherwise e43 F1t ssrs at ssae9. November 29.197a.

that action to be pursued

• d,,etermined t,y the Comnussion. en ennrenmer.tal "Conarients on the oppbcoten of NE/M obmol The provisions of proposed Subpart A pc,,,,,,,,.,,,,,,,,n,g,ci,,,,,,,,,,

Several commenters urged that the question of t hether NEPA applies abroad be resolved by these are organized under se%eral broad endronrnen4!impad appraisal need not be regulations. Itowever. the President has pubtedy headings which reflect. In part, the prepared in connection with the fonowins rypes of

• Ym cuSUeNr'dcrYe riIcu*iNe"Ede. 0 hen tss$d. procedural order of the NRC NEPA

• c'Q* * 'di1Ig*,",{at e m er s ens

,g g,,

E process. (In order to provide room for

1. cense or permit or order other than those cosered

=ttie,present the position of the Admtmetrauon on that lasue. see footnote 1.

possible future expansion, certain by paresraphs (ej and tbj of stue secdon."

g

Federal Regi t:r / WI. 45. N2. 43 / htnd:.y. M;rch 3.1980 / Pr:p;s;d Rules 13741 desi;; nee at any time prior to issuance of requiring an environmentalimpact licenses, permits, or other forms of the draft environmentalimpact statement until the later of the following permission may continue developing statement to revise the determinations dates-90 days after publication of a plans or designs necessary to support made in the scoping summary as notice of availabihty of draft their applications. Subject to prior notice appropriate if substantial changes are environmental impact statement or 30 and consultation with the NRC staff, made in the proposed action or if days after publication of tice of applicants may also continue to perform significant new circumstances or availability of a final e mental physical work necessary to support the;r information arise which bear on the impact statement. 40 C.1500.1la) applications or continue to perform any t

proposed action or its impacts.

prohibits a Federal agency, y * 'ch has other physical work relating to the The provisions in Subpart A wh.ch made a decision in connection with a proposed action if the latter work has a describe how applicants ara petitioners proposed action f-hich an de minimis adverse environmental 8

. statement is impact.

shall participate in the NRC NEPA environmentr process (!! 51.40-51.66) are grouped required frorn. tmg on that decision Section 51.102 requires that a record together under the general heading until after a formal record of decision of decision be prepared and specifies

" Environmental Reports and (see 40 CFR 1505.2) has been issued.

the NRC officials responsible for Information-Requirements Applicable Proposed Subpart A contains parallel carrying out the task.

to Applicants and Petitioners." General provisions (li 51.100. 51.101,51.102)

To accommodate the requirements of requirements applicable to all under the heading "NEPA Procedure and NRC's regulatory process, i 51.102 also Administrative Action."

provides that if an action is subject to a applicants and petitioners (li 51.40.

51.41 and 51.45) are followed by specific Subject to a modest exception

• hearing under the regulations in Subpart provisions which apply respectively to applicable only to rule making G of to CFR Part 2. or if the action can applicants seeking licenses for proceedings initiated for the purpose of only be taken by the Commissioners production or utilization facilities protecting the public health and safety acting as a collegial body, the or 'he common defense and security, appropriate NRC staff director or his

($ i 51.50-51.55). applicants seeking materials licenses (li 51. fig-51.61). and i 1.100 prohibits the Commission from designee will prepare a proposed record

.aking and recording a decision on any of decision.The proposed record of petitioners for rule making (l151.65-action for which an environmental decision may be modified as a result of 51.66).

impact statement is required until 90 Commission review and decision as Provisions relating to the preparation days after publication of a notice of appropriate to the nature and scope of ahd distribution of draft and final availability of draft enytronmental the proceeding and will be issued as the environmentalimpact statements and impact statement or 30 days after rec,ord of decision by the presiding any supplements to those statements publication of a notice of availability of officer. the Atomic Safety and Licensing and provisions governing requests for a final environmental impac: statement.

Appeal Paard, or the Commissioners comments on draft environmental whichever is later.

acting as a collegial body. as impact statements and on supplements Section 51.101 prohibits the appropriate. Section 51.34 provides to both draft and final environmental Commission from taking any action parallel procedures for the preparation impact statements (l151.70-51.99) which might have an adverse and issuance of a final finding of no appear under the general heading envir nmentalimpact or limit the choice significant impact in similar

..EnvironmentalImpact Statements.

f re s nable alternatives concerning a circumstances.

Following the pattern established in the proposed licensing or regulatory action Procedures governing the sections relatine to environmental f r which either an environmental consideration of environmentalimpact reports, general requirements applicab:e mmt or an enemtal statemmu y pMc heasgs are also to all types of environmentalimpact auenmmt y ryqu e. unul,after a included unaer the headmg "NEPA statemen:s W. ~1.70-51.74, and cmon m a M Mmg d NWure and hham Acen,,

re il 51.90-51.9i & cede additional en inuQ U WWaral puedures:,

ns cant Wad as specific requir' ments applicable Section 51.101 also provides that simdar i 51.105-procedures applicable in e

respectne!v to etements prepared in ach tahn by a#icams aM pMc Manngs b pue@gs for

~

connection wun producaon and petitioners in those circumstances may issuance of construction permits or be grounds for the denial of a license or licenses to manufacture production or

. a d 51 5 - a er als icen petition.In the case cf certain types of utilization facilities).

($ $ 51.80. 51.81 and 51.97) rulamaking licensing actions.'i 51.101 provides that Proposed requirements relating to (il 51.85. 51.86 and 51.99), and the prohibitions against commencement availability and public notice of legislation (151.88).

of construction in 10 CFR 30.33(a)(5),

e'nvironmental documents are set out The primary purpose of the NEPA 40.32(e). 50.10(c). and 70.23(a)(7). will be under the heading "Public Notice of and used as benchmarks to determine Access to Environmental Documen's" process is to make environmental information available to pubhc o:acials whether particular actions by applicants (il 51.116-51.123). Proposed end citizens before decisions are made or petitioners will,in fact, ha've an requirements relating to Commission and actions taken.The process is adverse environmental impact or limit comments on draft environmental intended to help public offic:als make the choice of reasonable alternatives.

impact staterrents prepared by other decisions that are based on an Section 51.101(c) removes certain agencies are set out in 5 51.124.

understanding of environmental limited types of actions from the reach Responsible officials for NRC NEPA consequences and take actions that will of these restrictions. Applicants for NRC compliance are indicated in i 51.125.

protect, restore and enhance the Proposed Appendix A provides a format environment.To achieve these goals

• under iSin exception. the commission may mate for environmental impact statements.

CEQ's NEPA regulations contain and pubhsh a decision on a r.nat rute.t the same Designed to eliminate duplication in the provisions limitmg agency actions. For tune that the Environmental Protection Agency presentation of information and example, under 40 CFR 1506.10. a

[ubehl:

,jer,.

e es iter nonce c discussion of issues, the proposed

,,n, Federal agency may neither make nor

.The types of hcen ms.ction. de.cnbed in to format parallels that set out in 40 CFR record a decision on a proposed action Cm sogatr). 40.31(f). so.tott.) and 70.zilf).

1502.10 of CEQ's NEPA regulations.

g o

m i

\\s Lq \\.

ca

.t L 6o e

Federal Register / V;1. 45. N. 43 / M:nty. Mrrch 3,1980 / Proposed Ruhs 13742 (i 51.22(b)) and lists those categories of ProposedSubpart Adoesnot improbability ofits occurrence knplement all the provisions of CEQ's whenever the agency is unable to obtain actions which the Commission has declared to be categorical exclusions information relevant to adverse impacts regulations. As indicated in the important in making a reasoned choice

[l 51.22[c)). Section 51.22(b) also Commission's letter of May 31.1979 to among alternatives and the agency has provides that m special circumstances CEQ. several provision uf the CEQ the Commission may prepare an regulations wdl require additional study decided, despite this uncertainty, to environmentalimpact statement or an bef;re the Commission can prepare proceed with the action.This environmental assessment on an' action implementing regulaticns. A brief requirement could have a substantial covered by a categoncal exclusion.

summary of these provisions and their impact on the length of time and The Commission has identified rel:tionship to the Commission's present resources required to complete NRC sixteen categories of actions which meet regulatory practices follows. Comments licensing reviews. The provision would the requ!rement for a categorical also make it necessary to perform worst and suggestions on these matters are case analyses for both radiological and exclusion. A description of each of these invited and will be included in the non-radiologicalimpacts in situations categories, with the requisite finding.

Commission's study.

1. 40 CFR 1500.14(b) provides that the where such analyses are not normally follows:

conducted.One example would be a g ry cuons environmentalimpact statement situation involving the evaluation of

1. Amendments to Parts 1,2,4,7,8,9,

"[djevote substantial treatment to each alternative considered in detail reactor aquatic impacts where a case 10,14,19,21,55,140,150 or 170 of this including the proposed action so that can be made for extensive long-term chapter.

reviewers may evaluate their time-dependent studies.

Section 1502.22(b) could also have a Discussion and Finding comparative merits." The rationale for substantial impact on NRC's regulatory Except for Part 8. Interpretations, the the Commission's policy on activities if interpreted to require in.

regulations in the folloyving parts relate consideration of alternative sites, to cite depth analysis of the consequences of a to matters of Commission organization, one example, proceeds from the premise that major adverse environmental

" worst case" accident in add; tion to an administration and procedure.

impacts can normally be idtntified using analysis of the liklihood that such an Staternent of Organization and reconnaissance.les ei inf ormation.* The accident would occur. Under NRC's Part 1 Generallnformation added costs of requiring cetailed site-current risk analysis practices, the Part 2 Rules of Practice for Domestic specificir.vestigations and analyses on consequences of accidents whose Ucensine Proceedings (11 candidate sites normally would not likelihood of occurrence is remote are I'd be justified by the resultant marginal not given detailed consideration except

,d s on improvement in environmental in unusual cases. flowever, these Part 7 Adsisory Committees practices are being reconsidered by the Part a interprcations protection.

Commission, and this reconsideration Part 9 Pubhc Records

2. 40 CFR 1502.22(a) requires an agency to obtain information relevant to may result in.idoption of d2fferent Part 10 Critena and Procedures for Determinics Eligibihty fer Access to Cdverse environmental impacts which is practices with regard to " worst case" Restricted Data or National Security not known and which is essential to a accidents at nuclear power reactors.

Information re soned choice among alternatives if 40 CFR 1508.18 includes within the Part 14 Admimstrative Claims under th2 over.all costs are not ewrbitant.

definition of major Federal action. "the rederalTort Claims Act This provision could have a significant circumstance where the responsible officials fail to act and that failure to act

'",$ ik"*,"n$

c In",, '9"'#***

impact in those circurnstances wnere cxtensive information has been is rettewab!e by courts or Part 150 Eserrpions and Cononued administrative tnbunals under the Regulatory Autnenty in Agreement d;veloped with respect to one Administrative Procedure Act or other States under Section 274 Part 170 Fees foi 'scihties ard Materials Clternative and information regarding applicable law as agency action."It is Licenses er ' Other Regulatory Services ether alternatives has not yet been.

d;veloped. This provision could impact unclear whether this provision would under the Atomic Energy Act of 1954, as cny NRC decision in this circumstance require NRC staff to prepare

• • • " d

• d-where the costs (in terms of both environmental impact statements for The regulations in these parts serve information. gathering cost and project such actions as denials of petitions (e.g.,

the dual purpose of makine needed delay costs) of obtaining the information petitions for rulemaking under 10 CFR information readily available to the needed for a reasoned choice among 2.802) which claim significant on.gomg

' titernatives are large but fall short of environmental harm. It is equally public and providing procedures for the orderly conduct of Commission unclear whether preparation of an business.These regulations in and of being exorbitant.

environmental assessment would be themselves will not affect the volume of

3. 40 CFR 1502.22(b) requires an cgency to perform a " worst case required when tne derual of a petition is that business.

cnalysis" and indicate the probability or based on a Imding that there are no In some instances, the regulations significant on gomg adverse implement Federallaws which prescribe environmental effects. Under present specific procedures for the conduct of f

' Reconnaissance-levelinformation is any infonnanon or analyses that can be re rieud or NRC practice,it is not customary to Eamp e e s$t specYr est sYuanI' Prepare environmental assessments in government business.These laws Include the Administrative Procedure Reconnaissance.les el tnformauon meludes relevant conncection with denials of petitions., Act (5 U.S.C. 551 et seq.), the Freedom of a

scient4c 14terature, reports of sovemment or pnvate Cateson. cal Exclus, ions Information Act (5 U.S.C. 552), the researth esencies, consultation mda esperts, short.

ch nYorIatoE aUo t o} P

Section 51.22 sets out the procedures Privacy Act of 1974 (Pub.1.93-579), the to be followed to establish categorical Government in the Sunshme Act (5 e a reconnaissance-level mfonnation reqmred and the exclusions ($ $1.22(a)), describes the U.S.C. 552b), and the Federal Advisory entent of analyses should be matched to tti the

($)NtherIa'd on a onEatNnt$ a function of the categorical exclusion to Committee Act (86 Stat. 770).

exclude certain types of actions from in some instances,apphcation of the eeston of mterest. identifyins candidate sites.or environmental review requirements regulations will have economic or social selectma e proposed site.

DVD

?D N

w w-

Federal Register / V:1. 45. N2. 43 / Mond:y. M:rch 3.1980 / Proposed Rul:s 13743

~

consequences. Ecmpl;s includ;:P rt climinit] cn c mbiguity in c n cxisting c rt:in regul:t rycuth:rity:f th) 140 which contains regulations regulation.Since these amendments are Commission.

Implementing the provisions < the usually editorial and do not change the Discussion and Finding Price.Anderm Act relating u financial substance of an existing regulation they Section 274 of the Atomic Energy Act protection and indemnity agreements; can neither increase nor decrease any Part 170 which prescribes the schedule environmental impact which the existing of 1954. as amended. (42 U.S.C. 2021) of Commission fees; and Part 4 which regulation may have.

provides a mechanism (a section 274b.

contains regulations on Accordingly, the Commission finds Federal. State Agreement) which nondiscrimination w hich implement the that amendments to its regulations authorizes the Commission to relinquish provisions of Title VI of the Civil Rights which are corrective or of a minor or and enables individual States to Act of 1964 and Title IV of the Energy nonpolicy nature and do not assume, as they become ready and Reorganization Act of 1974.

substantially modify existing regulations willing to do so, certain defined areas of Formalinterpretations of the (Category 2.) comprise a category of regulatory authority over source.

Commission's regulations authorized by actions which do not individually or byproduct and special nuclear material.

the. Commission and prepared by the cumulatively have a sigmficant effect on In order to make sure that the health General Counsel are codified in Part 8.

the human environment. designates and safety of the public will continue to Although these interpretations may Category 2. as a categorical exclusion, be adequately protected, section 274d.

address matters of substance as well as and directs that Category 2. be listed in prescribes certain conditions which procedure, the issuance of a formal i 51.22(c) as a cr.tegorical exclusion.

must be met before an agreement can be entered into.

interpretation and its inclusion in Part 8 Category of Artions of the Commission s regulations is an "d The Commission sha!! enter into an action without environmental effect.

3. Amendments to Parts 20,30. 31. 32.

agreement under subsection b. of this section The regulations in the followmg parts 33, 34. 35. 40. 50. St. 70. 71. 73. 81, or 100 with any State af-impose requirements on hcensees.

of this chapter which relate to (il

"(1)The Covemor of that State certifies procedures for filing and reviewing that the State has a program for the control of Part 19 Notices. Instructions. and Reports to applications for licenses or construction radiation hazards adequate to protect the Part 21 Reporting of Defects and permits or other farms of permission or pubhc health and safety with respect to the Workers. Inspections materlatrwithin the State covered by the for amendments to or renewals of proposed agreeraent. and that the State Noncomphance Part 55 Operators' Licenses licenses or construction permits or other "l t ry responsibihty 7 ([',')ch mj forms of permission;(ii) recordkeeping a s; a d The requirements in Parts 19 and 21 requirements: or (iii) reportmg 2 The Commission fmds that the State relate to such matters as inspections.

requirements.

program is in accordance witn the reports, record keepmg and postmg of requirements of subsection o.'and in all documents and notices. Part 55 Discussion and Finding other respects compatib!c with the establishes procedures and criteria for Although amendmen's o' this type Comrnissien's program for regulations of such the issuance of hcenses to operators and af et s stantive parts of the matenals. and that tt e St. ate program is senior opetators of heensed facdtties.

Commiss:on s regulations the adequate to protect the public health and e m,atenals covered These regulations include procedures for amendments themselves relate solely to

{af hr ct to filing and requirements for approval of matters of procedure. Requirements to These requirements provide assurance appbcations. including requirements keep reccrds and make report: and that followirut the transfer of functions relating to wntten examinations.

regulations providmg speedic under the 1274b. agreement the State Operatmg tests. and medical instructions as to where apphcations will admtmster the custing regulatory examinaaons.

should be fded, how they should be AlthougS the reWicas in Parts 19.

signed and executed. the number of program in a manner sim,ilar to the way in which it was previousiy admimstered 21 and 55 addras n.. men of substance c pies to be furnished.and the and have a socni and econcmic effect.

pr cedural steps which wdl be idlowed by the NRC.

The statute essentially preserves the they do not h 4 a um5 cant effect on in connection with their review, do not the enstronmen:.

status quo as far as substantive have an effect on the environment. Like Accordingly. for the reasons stated.

regulatory standards at:d practices for the Commission finds tnut amendments the amendments in Category 1., their function is to facilitate the orderly control of radiation hazards are to Parts 1.2.4,7.8.9.10.14.19.21.55.

• concerned.Thus the action of entering conduct of Commission busmess.

Accordingly, the Commission finds that into a l 274b. agreement should not 140.150. or 170 of its regulations occasion any substantive change in the (Category 1) comprise a cateocry of actions which do not individually or amendments of this type (Category 3.)

cumulatively have a sigmficant etTect on comprise a category of actions which do regulatory program for radiation hazards. As a further consequence it the human env:ronment, desisnates not individually or cumulatn cly have a also follows that there is little or no Category 1. as a categorical elciusion.

significant effcct on the human and directs that Ct.tegory 1. to be listed environment, designates Ca'egory 3. as change in the effect of that program on the human environment. in addition.

in i 51.22(c) as a categorical exclusion.

a categcrical exclusion, and directs that except for uranium mill tailings, the Category 3. be listed in i 51.22(c) as a Commission has no control over specific Category of Actions categorical exclusion.

State licensing and enforcement actions

2. Amendments to the regulations in Category cf Act.

after an agreement becomes effective. In ions th!s chapter which are corrective or of a

4. Entrance into or amendment, this respect, the action is similar to the minor or nonpolicy nature and do not substantially modify existing suspension, or revocation of an distribution of general revenue shanng regulations.

agreement with a State pursuant to funds among the States where there is section 274 of the Atomic Energy Act of

'section 2no which wet added by Pub. t. 95-Discussion and Finding 1954. as amended, providing for hiinor amendments of this type are assumption by the State and E,s; n.cui.ln nqy nis t con

,n.

nd g, n

)

sometimes needed to update. clarify or discontinuance by the Commission of tadmas.

\\

t g

g-oo o

s bD C

[

J3

,l

13744 Federal Register / Vol. 45. No. 43 / Monday March 3.1980 / Proposed Rules no Federal agency control over category of actions which do not Category 7. be listed in 151.22(c) as a subsequent use of such funds by the individually or cumulatively have a categorical exclusion.

St:t's. This type of fundmg assistance is significant effect on the human Category of Actions ret considered a major Federal action environment. designates Category 5. as (40 CFR 1508.18(a).)

a categorical exclusion, and directs that

8. Issuance, amendment. or renewal of In order to implement the provisions Category 5. be listed in i 51.22(c) as a operators' licenses pursuant to Part 55 of (f th) Uranium MdlTailings Radiation categorical exclusion.

this chapter.

Control Act of 1978. it will be necessary for the Commission and the twenty.five Cate8 'Y of Actions Discussion and Finding Agreement States to amend the

6. Procurement of technical Part 55 of the Commission's provisions of the 1274b agreements now assistance, confirrnatory research and regulations prohibits persons from in f rce.The purpose of these personal services relating to the safe performing the functions of an operator amendments is to bind the States. in operation and protection of commercial or a senior operator at a licensed facility c ccordance with the provisions of the reactors. other facilities, and materials unless authorized to do so by a license Act, to carry out their responsibilities subject to NRC licensing and regulation.

issued by the Commission. Although issuance or denial of an operator's with respect to the regulation of mill scussi o and Finding license may have a significant economic tallings in a manner which will not only provide adequate protection of the These actions involve scientific and effect on the individual applicant. the public health and safety but which will engineering studies. assessments and action of the Commission in issuing.

clso protect the environment from analyses in areas relating to the safe amending or renewing an operator's hazards associated with those materials, operation and protection of commercial license in accordance with the Among other things. the States will be reactors, other facilities, and materials procedures of to CFR Part 55 does not required to prepare detailed subject to regulation. licensing and have an environmental effect.The environmental analyses oefore they inspection by the NRC. NRC technical environmentalimpact of the operation license activities which result in the assistance and research activitics do not of a licensed facility 1,y a lice ised production of mill tathngs.

generate basic design data or develop operator is fully censidered in the Implementation of the amended new processes or construction environmental impact statement or igre:ments, as intended by the procedures.The actions do not include environmental assessment prepared in Congress, will have a sanificant and confirmatory research programs which connection with the licensing action benificial effect upon the environment.

entail physical construction of plants authorizing operation of the facility. The Ts acknowledge this. however, does not and facilities.

formal action of certifying an operator change the fact that the formal action of Although these activitics have an does not authonze facthty operation.

canding an agreement in and ofitself.

economic effect. no significant effect on Accordingly, the Commission finds is not only without any entirenmental the environment can be anticipated, that issuance, amendment cr renewal of imp:ct.but given the nature of the Accordingly, the Commission hnds operators *Jicenses pursuant to Part 55 of st;tutory mandate, which requires that that procurement of technical this chapter (Category 8.) comprise a th3 terms of the agreements conform to assistance, conurmatory research and category of actior.s wnich do not th2 ree irements of the Act,is personal services relating to the safe individually or cumulativdy have a essent- 'y ministerial.

operation and protection of camrrercial signif. cant cifect on the hi. man Acci.. ingly. the Commission finds reactors. other faciht:es, and materials environment. designates Categorv 8. as j

thIt entrance into or amendment.

subject to N!iC liccnsing and reculation a catn:orical uclu.ca. and d;tects that i

suspension, or revocation of a Federal.

(Category 6.) compnse a category of Category 8. be hsted in 5 51.22(c) as a St:t2 agreement under section 274b of actions which do not individually or categorical exc lusion.

the Atomic Energy Act of 1954, as cumulatively have a significant effect on Categon of Acrons j

c m:nded. (Category 4 ) comprises a the human environment, designates c.tigory of actions wnich do not Category 6. as a categorical exclasion.

9. Issuance of an amendment to a individually or cumulatively have a and directs that Category 6. be hsted in permit or license for a reactor pursuant significant effect on the human i 51.22(c) as a categorical exclusion.

to Part 50 of this chapter which changes a requirement with respect to environment designates Category 4. as Categon of Actions installation or use of a facility o c'.tegorical exclusion and directs that

. Cat: gory 4. be listed in i 51.22(c) as a

7. Personnel actions.

component located within the restricted area, as defined in Part 20 of this cat:gorical exclusion.

Discussion and Finding chapter or which changes an mspection Category of Actions personnel actions refer to or a surveillance requirement. provided

5. Procurement of general equipment administrative actions affecting NRC that (i) the amendment does not involve cnd supplies, employec$ or potent.al employees.

any significant hazards consideration.

including labor union activities and the (ii) there is no change m the types or Discussion and Finding hiring. promotion and separation of amounts of any effluents that may be Procurements of general equipment personnel. Although these activities released offsite, and (iii) there is no cnd supplies ensure that NRC personnel have a social and economic effect they associated increase in individual or cre cble to efficiently perform their do not have a significant effect en the cumulative occupational radiation efficial responsthihties on a day to day environment.

exposure.

bisis Although these procurements Accordingly, the Commission finds D.iscussion and Finding h v2 an econcmic effect they do not that personnel actions (Category 7.)

hava a significant effect on the comprise a category of actions which do Experience has indicated that environment.

not individually or cumulatively have a amendments in this category either ha ve Accordingly. the Commission finds significant effect on the hsman no environmental impact or have an that procurements of general equipment environment. designates Category 7. as environmental impact that is cnd supplies (Category 5.) comprise a a categorical excInion, and directs that insignificant. Changes which relate to g 'y y 0 or n

Joo ch_N k

i l

l Faderal Register / Vol. 45, No. 43 / Monday, March 8,1980 / Proposed Rules 13745 l

l l

the installation or use of a facility is merely to facilitate the order {y Category 11. as a categorical exchrsten.

l component located within a restricted conduct of the licensee's businees and to and directs that Category 11. be listed in i

area and which do not involve insure that information needed by the 151.22(c) as a categorical exclusion.

l significant hazards considerations.

Commission to perform its regulatory.

i changes in offs!te effluents, or increases functions is readily available.

Cat'8*7 *I Actions o

In occupational doses do not result in Accordingly, the Commission finds that

12. Issuance of an amendment to e offsite effects that could have a license amendments of this type license pursuant to Parts 50 and 70 of

)

significant impact on the human (Category 10.) comprise a category of this chapter relating solely to safeguards j

environment. Associated effects,if any, actions which do not individually or matters (i.e. protection against sabotage would be minimal and would be cumulatively have a significant effect on or loss or diversion of special nuclear i

confined to limited access areas on site, the human environment, designates material) or issuance of an approval of a j

Experience has also shown that Category 10. as a categorical exclusion, safeguards plan submitted pursuant to amendments that change an inspection and directs that Category 10. be listed in Parts 50,70, and 73 of this chapter, or surveillance requirement are usually I 51.22(c) as a categorical exclusion.

provided that the amendment or of a procedural nature. The purpose of approval does not involve any these changes is to incorporate accepted Categwy of Actions significant construction impsets.

Improvements in the installation or use

11. Issuance of amendments to a

b udF W of facility components or in inspection licenses for fuel cycle plants and and surveillance which will facilitate the radioactive waste disposal sites as Amendments and approval of this conduct of thelicensee's business and identified in ll 51.20(b) and 51.21(b) of nature relate to the protection of nuclear insure the adequacy and timeliness of this subpart which are administretive, materials against theft or diversion or to information reported to the Commission, organizational, or procedural in nature, the protection of nuclear materials, As a result, such amendments will not or which result in a change in process fadlities, and transportation activities lead to significant environmental operations or equipment, provided that against radiological sabotage. They are impacts on the human environment (i) there is no increase in the types of needed (1) to implement new safeguards either individually or cumulatively.

amounts of effluents that may be regulations through incorporation of j

Accordingly, the Commission finds released offsite,(11) ther t is no provisions into licenses and (ii) to that license amendments of this type associa ted increa se in fr.dividual or permit modifications to licensees' (Category 9.) comprise a category of cumulative occupational radiation safeguards programs established under actions which do not individually or exposure. (iii) there is no significant existing requirements. With the cumulatively have a significant effect on construction impact, and (iv) there is no exception of amendments involving the human environment, designates increase in the potential for or significant construction, they are Category 9. as a categorical exclusion, consequences from radiological confined to (i) orEanizational and and directs that Category 9. be listed in accidents, procedural matters, (ii) modifications to i 51.22(c) as a categorical exclusion.

Discussion and FindinI

'Y' " ' " '

" "#" N *" "

materials accountability,[ili)

Category of Actions Paragraph 51.21(b)(5) identifies administrative changes, and (iv) review

~

10. Issaance of an amendment to a amendments to !! censes for fuel cycle and approval of transportation routes permit or license pursuant to Parts 30, plants and radioactive waste disposal pursuant to 10 CFR 73.37(a)(1). As such, 40,50, or 70 of this chapter which (1) sites that require preparation of an the issuance of these amendments and changes insurance and/or indemnity environmental assessment to evaluate approvals does not after the requirements, or (11) changes potentialimpacts to the environment.

environmentalimpacts of the licensed recordkeeping, reporting, or However, there are other requests for activity. Route approvals (item iv) for administrative procedures or amendments to these types oflicenses spent tuel shipments are not based upon requirements.

that are administrative, organizational case-specific analyses of the scussion Haeng or proceduralin nature or which involve comparative risks of sabotage al,ong changes in process operation and alternate routes because such risks are issuanca of an amendment to a permit equipment which do not result in any not considered serious regardless of the or license to change insuranca and/or adverse incrementalimpacts to the chosen route, provided the shipper indemnity requirements or to change environment from the licensed activity, adheres to specific requirements requirements relating to recordkeeping.

Implementation of these minor and delineated in to CFR 73.37 (which reporting or other administrative routine types of changes do not alter the include provisions for additional procedures does not affect the scope or previously evaulated environmental protection measures in instances where nature of the licensed activity.

impacts associated with the licensed heavily populated areas cannot be Althought changes in insurance and/or operation, taking into account avoided). Nevertheless, the NRC indemnity requirements affect the construction impacts, types and considers it prudent to require such financial arrangements of licensees and amounts of effluents released by the shipments to avoid, where practicable, have economic and social operation, occupational exposure of heavily populated areas in order to '

consequences, they do not alter the employees, or potential accidents, nor reduce this risk to as low as reasonably environmentalimpact of thelicensed do these amendments affect the scope of achievable. With regard to radiological activities. Similarly, changes in the licensed activity.

and nonradiological risks attributable to recordkeeping and reporting Accordingly, the Commission finds normal transportation and accidents, the requirements and other administrative that this class of amendments to Final Environmental Statement on the procedures relating to the licensee's licenses for fuel cycle plants and Transportation of Radioactive Materials organization and management do not radioactive waste disposal sites by Air and Other Modes (NUREG-0170, change the nature and the consequent (Category 11.) comprise c category of Dec.1977) concludes that such risks are environmentalimpact of the licensed actions that do not individually or small and does not support the need for activity.The function of these cumulatively have a significant effect on changes to the existing NRC regulations procedural and adminfetrative changes the human environment, designates which permit unrestricted use of

13748 Federal Register / Vd. 45. NA 43 / M:ndly. M rch 3,1980 / Proposed Ruin citernate routes form the ohndpoint of the delivery oflicensed materials to a impact on the environment. Absolute safety related impacts.This statement carrier for transportation (Category 13.)

confirmation that none of these licensing considered releases in extreme-comprise a category of actions which do actions would ever have any significant population-density (urban) areas in the not individually or cumulatively have a environmental impact could be obtained course of developing these risk significant effect on the human only by in-depth reviews of each of cstimates and efforts are underway to environment. designates Category 13. as thousands oflicensing actions each further refine the present assessment in a categorical exclusion, and directs that year. NRC does not believe that the this regard. The results obtained to date Category 13. be listed in i 51.22(c) as a huge expenditure of resources that regardmg the further study of categorical exclusion.

would be required would be justified transportation in urban environs and believes that the environment (SAND-77-1927) do not conflict with the Category of Actions would be better protected if NRC's previous risk estimates.%e number of

14. lssuance, amendment, or renewal resources were devoted to the such approvals is expected to be of the following types of materials environmental analyses called for under cpproximately. twenty per year, licenses issued pursuant to 10 CFR Parts il 51.20(b) and 51.21(b) of this subpart involving a total of approximately 200

30. 40. or 70:

for the types of actions which shipments annually.Thus, the (i) Distribution of devices and experience suggests have rsal potential nonradiological environmental impacts products containing radioactive material to cause significant environmental essociated with routine traffic (as to generallicensees and persons exempt problems. As noted above, the proposed opposed to impacts associated with from licensing regulations have been drafted so that cccidents) resulting from NRC route (ii) Medicallicenses NRC will retain flexibility to do an cpprovals is insignificant..

(iii) Nuclear pharmacies environmentalimpact statement or an Accordingly,the Commission finds (iv) Teletherapy licenses enviromental assesament, as that license amendments and approvals (v) License? to academic institutions appropriate, for any licensing actions of this type (Category 12.) comprise a.

for educational purposes covered by a categorical exclusion category of actions which do not (vi) Industrial radiography should special circumstances come to ita individually or cumulatively have a (vil) Acceptance of packaged attention that would warrant such significant effect on the human radioactive wastes from others for action.

cnvironment. designstes Category 12. as transfer tolicensed land burial facilities (1) Distribution of devices and c categorical exclusion, and directs that (viii) Irradiators (dry storage-self-products containing radicactive material Category 12. be listed in i 51.22(c) as a contained) to general licensees and persons exempt categorical exclusion.

(ix)Irradiators (wet storage-frcm licensing panoramic) nese licenses authorize persons to Category of Actions (x) Gauging devices, analytical distribute devices such as density

13. Approval cf package designs for instruments, and other devices utilizing gauges, level gauges, and other gauging the delivery of licensed materials to a sealed sources devices to persons who are general carrier for transportation.

(xi) Source materiallicenses for licensees and to distribute products fabrication of the products spacified in containing radioactive material such as g

ggg to CFR l 40.13, fabrication of military watches, election tubes, or smoke Certificates of compliance approving munitions, and laboratory use for detectors to persons who are exempt packages for use in the transportation of research and development from licensing.nese licenses for radioactive materials do not authorize (xii) Welllogging distribution do not authorize processing the actual transportation of those (xiii) Research and development or use of radioactive materials.There materials.%e certificates are issued licenses involving less than ten curies of are no effluent relesses or personnel upon demonstration that the package radioactive material exposures associated with the licensed 2*nda,I"o'n'iM*g"Ja'"tL*

oiac-

• n - d nadines

""" ""* dt'*="o" u=" a r'.n-mlaaton's regulations. Information Previously, the Commission's f the ra fioac aYe fals un e

regarding prospective routes or points of attention to environmental review generallicense or exemption established origin or destination necessary for an requirements for materials licensing by regulation which regulation, under environmental analysis of actual actions has focused largely on activities 8 51.21(b)(12) will require an transportation is neither available nor in the uranium fuel cycle. In this envircnmental assessment addressing germane to package design certification. proposed revision to lo CFR Part St.

the environmentalimpacts of the For this reason, as a matter of policy, other types of licenses which involve generally licensed or exempted the Commission will address the impact processing of radioactive materials for activities of the recipients of the of transportation of radioactive distribution to other licensees, nuclear materials.%e devices and products that materials in the course of environmental lanudries, testing of depleted uranium may be distributed pursuant to these evaluations of the specifically.11 censed military munitions, and processing of licenses must meet the spccific activities necessitating transportation of source material are accorded additional standards and requirements in NRC nuclearJnatorials. Since certificates of attention. However, there remain regulations. At the time ofissuance of compliance merely permit licensees to additional types of licensing actions the regulations authorizing distribution, use the approved package to transfer which have not been the subject of any the determination was made that 1

material to a carrier, on site, for in-depth environmental review by NRC subsequent exempt or generally licensed 1

l trans tion to an authorized receiver or its predecessor agency, the Atomic use or possession of the materials would and not authorise a particular Ene Commission. On the basis of not constitute a risk to the public health transportation movement, there is no over years experience in licensing and safety, llicensa environmental impact associated with and inspection of such materials (ii) Medica the action of issuing these approvals.

licensees, the NRC believes that these NRC lasues licer.ses to hospitals and l

Accordingly, the Commission finds activities, individually or cumulatively.

to physicians authorizing human use of that approvals of package designs for have not resulted in any significant -

byproduct material.%ne licensed

F,deral Register / Vol. 45, No. 43 / Monday, March 8,1980 / Proposed Rules 13747 activities may include receipt of Personnel exposures at teletherapy (vili} Irradia tors (dry storage-self-radioactive material preparation of licensees

• facilities are, on the average, contained) radiopharmaceuticals from Mo-99/To-about 5% of the applicable limita.There

%ese devices contain from a few 99m generators and reagent kits, are no releases of licensed materials to millicuries ofIIcensed material (usually administration of sealed air or water from licensed teletherapy cesium 137 or cobalt.60) to several radiopharmaceuticals to patients for activities.

hundred curies. The sealed sources are diagnostic or therapeutic purposes, the (v)IJcenses to academic institutions never exposed during normal use-the use of sealed sources for brachytherapy for educational pu,rposes sources remain shielded in a self-(i e., radiation delivered from a short NRC issues licenses to academic contained apparatus at all times.

distance) and the disposal of the institutions for educational purposes.

Mdterials for irradiation are placed in authorized materials by holding for The licensed activities may include chambers which are rotated in such a decay or by transfer to a licensed burial receipt of radioactive material, class.

manner that the materials are exposed ground.The only environmentalimpact of these licensed activities is room demonstrations by qualified -

to the sealed sources but the operator is instructors, supervised laboratory shielded from the radiation beam at all insignificant.The only environmental research by students, the use of times. personnel exposures during use of impacts would be occupational plutonium-beryllium neutron sources.

these devices are less than 5% of the exposures (averaging less than 10% of the use of source materialin subcreical limits in 10 CFR Part 20.There are no the applicable limits) and releases to air and water or to sanitary sewerage assemblies, and the disposal of the effluent releases.

(through patient excreta) which are of authorized material by holding for decay (1x)Irraditors (wet storage-small quantity or if of significant or by transfer to authorized recipients, panoramic)

An average academic institution Dese devices usually contain from a quantity, are short lived, (iii) Nuclear pharmacies releases less than 5% of the maximum few hundred curies to megacuries of Nuclear pharmacies purchase permissible concentration listed in 10 sealed source materials, usually cobalt-prepared radiopharmaceuticals, CFR Part 20 for both air and water and

60. The facility surrounding the water radioisotope generators and reagent kits the personnel exposure for radiation pool is equipped with interlock waming workers is less than 5% of the hmits devices (warning lights and horns) and acturb specified in 10 CFR 20.202.

radiation alarms. Materials for exposure rom ma 3d e

e as a prepared radiopharmaceutical or (vi) Industrial radiography are either lowered into the pool or compound the eluate with reagent kits to Camma radiation sources (primarily placed at specified locations above the make prepared radiopharmaceuticals.

iridium-192 and cobalt-60) are used for pool and the sealed sources are then n n-destructive testing of materials raised to the exposed position.

b icjpared throughout the United States. The Personnel are not present when the pr diop ar aceu ica om licensees in unit dose form. If the e urces used are metallic and are source is in the exposed position. Should services of a nuclear pharmacy are not encapsulated in a stainless steel personnel attempt to open an entrance used, the medicallicensee performs capsule. Therefore. during ordinary use door during source exposures, warning these functions in his own nuclear it is not expected that there will be lights and horns are activated at the medicine laboratory. Due to the short releases of radioactive material to the entrance doors and the sealed sources half-life of medically useful isotopes, the envir nment.ne radiation exposure automatically return to the shielded radioactive wastes that nuclear dunng routine use of sources in position.

pharmacies generate may be decayed to industrial radiography is well withm, Personnel exposures are less than 5%

background levels in storage. Releases NRC limits for occupational exposure.

of to CFR Part 20 limits.There are no in effluents may be conservatively The average exposure perindividual effluent releases resulting from estimated at 5% of maximum radiographer is less than 0.4 rem per pperation of such irradiators.

permissible values. Due to the soft year, which is less than 1% of the (x) Cauging devices. analytical gamma emission of most medically permissible exposure.

Instruments, and other devices utilizing useful isotopes and the nae of personnel (vil) Acceptance of packaged sealed sources shielding devices. exposure to personnel radioactive wastes from others for He NRC issues licenses for may be conservatively estimated at 25%

transfer to licensed land burial facilities possession and use of gauging devices to of the maximum permissible dose.

These licenses provide for the measure thickness, density, and level of (iv) Teletherapy licenses acceptance of prepackaged radioactive materials. These devices contain sealed NRC issues licenses to hospitals and wastes from licensees that generate the sources, usually cesium-137 and to physicians authorizing the use of wastes. Persons engaged in these strontium-90, which are encapsulated so cobalt-60 or cesium-137 sealed sources operations may accept only packages that there is no leakap during use. The for teletherapy (i.e. radiation therapy at that meet all governmental standards devices provide shielding such that a distance from the patient) treatment of and regulations for transport of radiation levels external to the devices patients.The sealed scurces containing radioactive materials.1.icensees are on the order of a few milliroentgen on the order of 6.000 curies of cobalt-60 engaged in the acceptance of per hour. Other devi.es include gas or 2.000 curies of cesfum-137 are doubly prefackaged wastes are not permitted to chromatographs with millicurie encapsulated and their design has been open the packages. Therefore, there are quantities of nickel-63 or hydrogen-3, approved by NRC or an Agreement no effluent releases. Since all packages analytical devices such as X-ray State.The sources are used in a must meet the established governmental fluorescence analyzer with sealed teletherapy unit, a device that provides standards, radiation exposures to sources containing a variety of collimation and shielding and whose personrel are a small fraction of the radioisotopes, instrument calibration design has been approved by NRC or an exposures permitted under NRC devices containing millicurie to curie Agreement State. Teletherapy sources regulations. The activities engaged in by quantities of cesium-137 and cobalt-60, are located in facilities that have been such licensees are analogous to those and soil-density gauges which contain reviewed for compliance with NRC engaged in by common carriers, which millicurie quantities of cesium-137 and regulations before a license la issued.

are exempt from licensing requirements.

americium-241 ventron sources.

13748 Fedei.: luglster / Vol. 45, No. 43 / Monday, March 3,1980 / Proposed Rules personnel exposure from use of these the source is irretrievable as determined from the time a shipment first arrives in devices is less than 5% of the limits in 10 by NRC,it must be immobilized by the United States until it reaches its CFR Part 20. There are no effluents being cemented in place, the well must ultimate destination and concluded that casociated with the use of devices be placarded to note the presence of the the environmentalimpact of such containing sealed sources.

source down-hole, and a notation must transportation was negligible.

(x1) Source materiallicenses for be placed in public records. The loss of Accordingly, the Commission finds fibrication of the products specified in sources does not result in any' release of that issuance, amendment or renewal of to CFR 40.13. fabrication of military radioactive material to the environment. licenses for import of nuclear facilities munitions, and laborato:y use for (xili) Research and development and materials pursuant to Part ito of research and development licenses involving less than ten curies of this chapter, except for import of spent These licenses for possession and use radioactive material po wer reactor fuel, (Category 15.)

cf source material are for fabrication of These licenses involve less than ten comp-ises a category of actions which products specified in 10 CFR 40.13, curies of source, byproduct or special do not individually or cumulatively have including such products as welding rods, nuclear material for research and a significant effect on the human gas mantles, airplane counterweights, development involving product environment, designates Category 15. as shielding for medical therapy devices, development, animal tracer studies, a categorical exclusion and directs that devices utilizing sealed sovces cf tracer studies of materials and Category 15. be, listed in i 51.22(c) as a rrdioactive materiale.ad shipping compounds, and basic research. A categorical exclusion.

containers. Other such licenses involve typical research and development f;brication of military munitions and facility is designed to minimize release Category M Acdus laboratory use of source material for of effluents to the environment. Remote

16. lssuance or amendment of guides research and development.The handling equipment, personnel for the implementation of regulations in quantities involved in fabrication of protective clothing. and shielding this chapter, and issuance or products range from a few kilograms in materials are standard equipment to amendment of other informational and welding rods and gas mantles to several minimize personnel exposures. A day-procedural documents that do not hundred kilograms for shielding and to-day radiation safety program impose any legal requirements.

counterweights. Most products are made provides for constant monitoring of Discussion and Finding from thorium and depleted uranium personnel exposures, contamination which have low specific activity. The levels, radiation levels, and efiluent Regulatory guides are issued (and source materials are used for non-releases. Personnel exposures and sometimes revised) to explain the !.RC nuclear properties. Fabrication effluent releases are less than to per staff's position regarding an acceptable operations which involve grinding.

cent of the limits of to CFR part 20.

method of implementation of shaping, and milling are carried out Accordingly, the Commission finds regulations. Compliance with their under carefully controlled conditions that issuance, amendment, and renewal provisions is not required. Since they do including ventilation, personnel oflicenses described above (Category not modify existing regulations and are protective clothing, and monitoring for 14.) comprise a category of actions not enforceable by themselves they can contamination and effluent releases.

which do not individually or neither increase nor decrease any Laboratory activities involve processing cumulatively have a significant effect on environmentalimpact which an existing r f gram to low kilogram quantities of the human environment, designates regulation may have. Other source meterial. Efiluent releases Category 14. as a categorical exclusion, hiformational and procedural documents resulting from use of source material are and directs that Category 14. be listed in covered by this exclusion have no 10% or less and personnel exposure are i 51.22(c) as a categorical exclusion.

environmentalimpact for the same 5% of the limits in NRC regulations.

reason.

(xii) Welllogging Category of Actions Accordingly, the Commission finds Radioactive materials are used

15. Issuance, amendment or renewal that issuance or amendment of guides extensively in oil and gas well drilling oflicenses for import of nuclear for the implementatian of regulations in cperations as analytical tools for facilities and materials pursuant to part this chapter and issuance or revision of determining composition of strata and 110 of this chapter, except for import of other s;milar informational and tracing oil and gas flow. For tracer work, spent power reactor fuel.

procedural documents (Category 16.)

1 c mprise a category of actions which do J

millicu-ie quantitles of gamma-emitting DWcussiomd Fig 8 radioisotopes such as lodine-131 and not individually or cumulativelv have a iridium-192 are injected directly into the import licenses issued pursuant 1010 significant effect on the human ~

wells. Sealed sources are either 2-3 CFR Part 110 merely authorize import environment, designates Category 16. as curies of cobalt-eo or cesium 137 or 1-3 into the United States and do not a categorical exclusion, and directs that curies of americium-beryllium or authorize any person to possess, use, or Category 16. be listed in i 51.22(c) as a plutonium-beryllium.

transfer the facilities or materials within categorical exclusion.

Both gamma mapping and neutron the United States. Also, import licenses The Commission has received two mapping are performed.The tracer do not authorize transportation of letters of comment on these proposed materials are in liquid form and their imported facilities and materials within regulations from the Council on use does not result in effluent releases the United States. An exception has Environmental Quality, dated 13 the environment.There are no been made in the categorical exclusion September 26 and October 29,1979.

cffluent releases as a result of use of for imports of spent power reactor fuel, These letters, which are reproduced in sealed sources. Personnel exposures are where impact studies are continuing. In Appendix B to this notice, include some 0.1 or less of the limite provided for in the Final EnvironmentalImpact critical comments that the Commission NRC regulations.

Statement on the Transportation of will give further consideration to before Occasionally, a sealed source may be Radioactive Materials by Air and Other issuing a 'inal rule.

lost in a well. Such losses occur at Modes (NUREG-0170, Dec.1977) the It should be noted that the depths of thousands of feet. lass of a NRC staff examined the environmental Commission estimates that its own source must be reported to the NRC. If impact of the transportation ofimports incremental costs associated with the s

l

)

Federal Reglater / Vol. 45. No. 43 / Monday. March 3.1980 / Proposed Rules 13749 Part $1 revision will be 12.5 man-years EnvimamentalAssessment and $1.575.000 in external costs for Dmft En vimamentalImpact Statements-5t30 Environmental assessment.

Materials Ucenses Fiscal Year 1980. and 18.5 man-yeau 51.31 Determinations based or.

51.80 Draft environmentalimpact and $2.600.000 in external costs for uvinnmental assessment.

Viecal Year 1961. Without the statement-Materials beense.

categorical exclusions, these costs Finding ofNo Significantimpact

# 'g, p,

,o"Y.

D me would be about tripled.

51.32 Findmg of no significant impact.

51.33 Draft fmdmg of no significant impact.

Dm/t Envimamental/mpact Statements-Pursuant to the Atomic Energy Act of 51.34 Preparation of findmg of no significant RulemaAing 1954, as amended, the Energy impact.

51.85 Draft environmentalimpact Reorganization Act of1974. as amended, 51.35 Requirement to publish finding of no statement-Rulemaking.

the National Environmental Policy Act significant impact. lunitadon on 51.es Distribution of draft environmental of 1969. as amended, and 5 U.S.C. 553.

Commission ecuan.

Impact statmet.

notice is hereby given that adoption of Environmental Reports and Information-Legislatire Envimnmental/mpact the following proposed revision of 10 Requirements Applicable to Applicanta and Statements-Pirposals for Legislation CFR Part 51 and of related proposed Petitioners conforming amendmenta to 10 CFR Parta General 51.88 Proposals for legislation.

2. 30, 40, 50, 70 and 110 la contemplated:

51.40 Consultation with NRC staff.

Fino/ Envimnmentallmpact Statements-1.10 CFR Part 51is revised to read as 51.41 Requirement to submit environmental C###NI A#9"I"#"'#

follows; information.

51.90 Final environmentalimpact statement-General.

PART 51-ENVIRONMENTAL f,f fr,

'P '" ""

$1.91 Fmal e,n m alimpact 8

ESTIC UCE RE TED

~

N,","n

'"^ "

REGULATORY FUNCTIONS Enr/mamento/ Reports-Pmduction and p

t.

Utilization facihties 51.93 Distribution of final environmental 51.1 Scope.

51.50 Environmen tal report--Cons truction impact statement and supplement to final 51 2 Sub rts permit stage.

environmental impact statement; news releases.

5 153 Resolutio'n of conflict.

51.51 Environmental effects of uranium fuel 51.94 Requirement to consider final 51.4 Definitions cycle. (Table S-3) environmentalimpact statement.

51.5 Interpretatlons.

p,,},n oi and aste. l Table FinalEnvimamentallmpact Statements-51.8 Specific enemptiona.

S.sy Pmduction and Utilization Facilities Subpart A-NationalEnytronmentalPolicy 51.53 Supplement to environmental repcrt-51.95 Supplement to final environmental Act-Regulatione implementing Section Operating bcense stage.

102(2) 51 54 Environmental report-Manufacturing impact statement-Operating license.

'51.10 Purpose and scope of subpart; Fin lEnrimnmentallmpact' Statements-51.55 Environraental report-Number of Materials Licenm applicatio of regulations of Councu..nn Environmental Quahty.

copies; distnbution.

51.97 (Reservedl 51.11 Relationshlp to other subparts.

Envinnmento! Reports-Materials Licenses Fmal Envimnmentalimpact Statements-51.12 Apphcation of subpart to proceedings.

51.13 Emergency.

51.60 Environmentalreport-Materials RulemaAing licenses.

51.99 [ Reserved)

.15 me sched'ules.

la E ~"

cop b bu NEPA Procedure and Administrative Action W " ^ *1 *****0*'**

EnvimamentalReports-Rule Making Genmi Classificollon ofLicenslitg omfitegulatory 51.85 Environmental report-Rule making.

51.100 nming of Camission action.

Actions 51.06 Environmental report-Number of 51.101 IJmitations on actions.

51.20 Criteria for and identiAcetion of copies.

81 10 licensing and regulatory actions requiring. Environmental 1mpact Statements deci lor reparat on 51.103 Record of decision-General.

4 l

51.21 t a r a d id a ti of Draft En r/mnmentallmpact Statements-51.1 p

licensing and regulatory actions requiring GenemIRequirements co Id n

mMal environmental assessments.

51.22 Criterion for and identillcation of Draft environmentalimpact impact statements; record of decision.

51.70 statement-General.

Pmduction and Utilization Facilities licensing and regulatory actions eligible C1.71 Draft environmentalimpact for categorical exclusion.

51.105 Public hearings in proceedings for sta tement-Contents.

Determinations ToPnpomEnrimamental 51.72 Supplement to draft environmental lasuance of construction permits or Impact Statements. Environmental licenses to manufacture.

Assessments or Mndings ofNo Significant gg,73 Y,'q',*,',*,,*,'co nments on draft Materials Licenses Impact. andRelatedPmceduere environmentalimpact statement.

51.108 [ Reserved]

51.74 Distribution of draft environmental 51.25 Determination to prepare impact statement and supplement to RulemaAins environmentalimpact statement or draft environmentalimpact statement:

51.110 [ Reserved) e viro n asuesment; e!Isibility for newe releases.

Pub!!c Notice of and Access To 81J6 Requirement to publieb notice of Dm/t En vimamentallmpact Statements-Envimental Documents intent and conduct scoping process.

Production and Utilization facilities 51.27 Notice of!ntent.

51.116 Notice of intent.

51.75 Draft environmentalimpact 51.117 Draft environmental impact Scoping statement-Construction permit.

statement-Notice of availability.

51.78 Draft environmentalimpact 51.11a Finalenvironmentalimpact

$1.28 Scoping-Environmentallapact statement-Manufacturing licensa, statement-Notice of evellability.

' statement.

51.77 Distribution of draft environmental 31.110 Publication of findmg of no

$1.39 Scoping-Participanta.

impact statement significant impact.

l

1 i

'l3750 Federal Register / Vol. 45. No. 43 / Monday March 3,1960 / Proposed Rules l

$1120 Availabihty of environmental (3)"NRC" means the Nuclear domestic licensing and rotated documents for pubhc mspection Regulatory Commission, the agency regulatory authority under the Atomic 51.121 Status of NEPA actum.

established by Title II of the Energy Energy Act of 1954, as amended, the 51.122 List of interested segeruzations and Reorganization Act of1974 as amended. Energy Reorganization Act of 1974, as 51123 o t of materiale shatnbuted to (4) "NRC staff" means any NRC amended, and the Uranium Afill Tailings pubk.

officer or employee or his/her Radiation Control Act of 1978, and authorized representative, except a which reflects the Commission's Commenting Commissioner, a member of a announced policy to take account 51 124 Commission duty to comment.

Commissioner's immediate staff, an voluntarily, subject to certain Responsible Official Atomic Safety and Licensing Board an conditions of the regulations of the Atomic Safety and Licensing Appeal Council on Environmental Quality

$1.125 Responsible official.

Board, a presidmg officer. or an published November 29,1978 (43 FR Appendix A-Farmat foe Presentation of administrative law judge.

5597&-56007). This subpart does not Materialin Environamentallaipact Statements (5)"NRC staff director" means:

apply to export licensing matters within Authority: Sec.161b. i and o. Pub. L 8b (i) Executive Director for Operations:

the scope of part 110 of this chapter nor 703. 68 Stat. 948. 949. and 950, as amended (42 (ii) Director. Office of Nuclear Reactor does it apply to any environmental U.S C. 22o11bl. (fl. a nd (olt secs. 201. 202.

Regulation:

effects which NRC's licensing and Pub. L 93-438. 88 Stat.12424244. as (iii) Director. Office of Nuclear related regulatory functions may have cmended (42 U.S C. 5841, sa42). Subpart A hf aterial Safety and Safeguards:

upon the environment of foreign nations also issued under secs.1G2(2}.108 and 105.

(iv) Director. Office of Standards or the global commons.

Pub. L 91-190. 83 Stat. 053-a54 as amended Development:

(b) The Commission will devote W U.Sm2. c34 erid 'I1tle D. Pub.

(v) Director. Office of Nuclear further study to 40 CFR 1502.14(b).

L 95-eDe,92 Stat. 30:3-3st1. Section 51.20 (Iso issued under sec. 3. Pub. L 9b377. 88 Regulatory Research:

t 1502.22 (a) and (b). and the poriron of Stat. 475 (42 U.S.C. 3or7(d)). Section 51.22 (vi) Director. Office of Inspection and i 1508.18 which includes within the cleo issued under sec. 274. Pub. L 86-373. 73 Enforcement:

definition of major Federal action "the Stat. ens, as amended by Pub. L 95-8o4. 92 (vil) Director. Office of State circumstance where the responsible Stat. 3037 (42 U.S C. 2021).

Programs: or officials fail to act and that failure to act (viii) Executive Legal Director.

is reviewable by courts or I 51.1 Scope.

administrative tribunals under the This part contains environmental 5 51.5 Interpretations.

protection regulations applicable to Except as specifically authorized by Admmistrative Procedure Act or other_

applicable law as agency action,,

NRC's domestic licensing and related the Ccmmission in writing. no before deciding to what extent these regulatory functions. nese regulations interpretation of the regulations in this provisions may or *hould mandate a do not apply to export licensing matters part by any officer or employee of the change in present Commission policy.

within the scope of Pa:1110 of this Commission other than a written The Commission welcomes and will chapter or to any environmental effects interpretation by the General Counsel include in its further study any which NRC's licensing and related will be recognized to be binding upon comments on 6s rnam h regulatory functions may have upon the the Commission.

f5t8 Mc exwnptim a

ure Werpretah 10 a ons. ub t i ese limitations. the regulations in this part The Commission may. upon or change to the Council e NEPA re u at ns implengent:

application of any interested person or (a) Section 102(2) of the National upon its own initiative, grant such Environmental Pobcy Ad of 1989, as exemptions from the requirements of the 1501.5 and 1501.6 relat'"8 to lead cmended -

regulations in this part as it' determines agencies and cooperating agencies.

1b)[Rasarved]

are authorized by law and are otherwise

'.xcept that the Commission reserves the in the public interest.

right to prepare an independent 1 51.2 Seahparts.

environmental irppact statement (a) The regulstiens in Seshpart A of Subpart A-National Environmental whenever the Commission has this part implement secenna 102(2) of the Policy Act-RegulationsJmplementing regulatory surtsdiction over an activity.

National EnvironmentelPolicy Act of Section 102(2) even though the Commission has not 1969, as annended" been designated as lead agency for lSW Purpm and scope of e6 preparation of the statement: and (b)[Reservedj application of regulattana of Cosmcu on (3) Reserve the right to make a final 9 51.3 Resoluton of condbet.

Environmental Ousmy decision on any matter within the in any conflict between a general rule (al ne National Environmental Policy Commission's regulatory authority even in Subpart A of this part and a special Act of 1909, as amended (NEPA) directs though another agency has made a rule in another subpart af this part or that, to the fullest extent possible;(1) the predecisional referral of an NRC action cnother part of this chapter applicable policies. regulations, and public laws of to the Council under the procedures of to a particular type of proceeding. the the United States shall be interpreted 40 CFR Part 1504.

and administered in accordance with (c) This subpart does not address any special rule governs.

the policies set forth in NEPA. and (2) all limitations on the NRC's authority and I $1.4 Definitions.

agencies of the Federal Government responsibility pursuant to the National 4

(a) As used in this part:

shall consply with the peccedures in Environmental Policy Ae of 1969, as (1)"Act" means the Atomic Energy section 102(2) of NEPA except where amended, imposed by the Federal Water Act of 1954 (es Stat. 91ej including any compliance wculd be inconsistent with Pollution Control Act Amendments of Cmendments thereto.

other statutory requirements. The 1972. Pub. L 92-500. 88 Stat. 816 et seq.

(2) " Commission" massa the EA=ar regulations in this subpert implement (33 U.S.C.1251 et seq.). This matter is Regulatory Commisaiense its authorised section102(2)-of NEPA in a manner addressed in part in a ' Policy Statement representatives, which is consistent with the NRC's on Implementation of Section 511 of the

i 1

Federal Register / Vol. 45. No. 43 / Mondey March 3,1980 / Proposed Rules 13751 l

Federal Water Pollution Control Act

$ 51.14 DefWtions.

which the Commission is responsible (FWPCA)" attached as Appendix A to (a) As used in this subpart:

that briefly states the reasons why an the "Secc nd Memorandum of (1) " Categorical Exclusion" means a action, not otherwise excluded, wt!! not Undersiending Regarding category of actions which do not have a significant effect on the human Implementation of Certain NRC and individually or cumulatively have a environment and for which therefore an EPA Responsibilities" published in the significant effect on the human environmentalimpact statement will not Federal Register on December 31.1975 environment and which the Commission be prepared.

(40 FR 60115) and effective January 30, has found to have no such effect in (9) "NEPA" means the National 1978.

accordance with procedures set out in Environmental Policy Act of1969. as (d) Commission actions initiating or i 51.22. and for which, therefore, neither amended (Pub. L 91-190. 83 Stat. 852 relating to administrative or judicial an environmental assessment nor an 850, as amended by Pub. L 94-83. 89 civil or criminal enforcement actions or environmentalimpact statement.a Stat. 424,42 U.S.C. 4321.,et seq.).

proceedings are not subject to section F'9"If'd-(10)" Notice ofIntent' means a notice 102(2) of NEPA. These actions include (2) "Coopera Agency, means any that an environmental impact statement Federal agency o er than the NRC will be pre [efinitions in 40 CFR 1508.3 i

f dod ared and considered.

p"'j"I which has jurisdiction by law or special (b) The to ar B o a t2 is ap ind matters covered by Part 100 of this expertise with respect to any 1508.7.1508.8.1508.14,1508.15.1508.16.

dapter, environmentalimpact involved in a 1508.17.1508.18 (except insofar as proposal (or a reasonable alternative) actions are defined to include failures to

$ 51.11 Relationahlp to other subparta.

for legislation or other major Federal act) 1508.20.1508.23.1508.25,1508.26.

!Reservedj action significantly affecting the quality and 1508.27, will also be used in of the human environment. By implementing section 102(2) of NEPA.

I 51.12 App 5 cation of subpert to agreement with the Commission, a State proceedings, or local agency of similar qualifications I 51.15 Time schedules.

(a) Except as otherwise provided in or, when the effects are on a Consistent with the purposes of tbis section. the regulations in this reservation, an Indian Tribe. may NEPA. the Administrative Procedure et bpart shall apply to the fullest extent become a cooperating agency.

Act, il 51.100 and 51.101, and with other practicable to ongoing activities and (3) " Council" means the Council on essential considerations of national er.vironmental documents begun before Environmental Quality established by policy:

[ Effective date of NRC rege to be Title II of NEPA.

(a) The appropriate NRC staff director inserted.)

(4)" Environmental Asse sment" or his designee may, and upon the (b) No environmental document means a concise public document for request of an applicant for a proposed completed on or before (insert effective which the Commission is responsible action or a petitioner for rulemaking date of NRC regs] need by redone and that serves to:

shall, establish a time schedule for all or no not'ce of intent to prepare or notice (i) Briefly provide sufficient evidence any constituent part of the NRC staff of availabillt of an environmental and analysis for determining whether to NEPA process.To the maximum extent document pu lished on or before [ insert Prepare an environmentalimpact practicable, the NRC staff will conduct effective date of NRC regs] need be statement or a finding of no significant its NEPA review in accordance with any republished by reason of these irnpact.

time schedule established under this

8"lati"'-

(11) Aid the Commission's compliance secMon. Whenever the NRC staffis with NEpA when no environmental unable to meet a time schedule (c) The regulations in this subpart are not applicable to any supplement to a impact statement is necessary.

established at an applicant's or (iii) Facilitate preparation of an petitioner's request. the appropriate deaft environmentalimpact statement.

environmentalimpact statement when NRC staff director or his designee will any final environmentalimpact one is necessary, statement or any supplement to a final (5) " Environmental document" inform the applicant or petitioner in environmentalimpact statement filed includes the documents specified in writing of the reason for the delay.

(b) The with the Environmental Protecdon i 51.14(a)(4)(environmental Safety anfresiding officer, the Atomic l.icensing Appeal Board or Agency on or after July 30.1979,if the assessment). 5 51.14(a)(6) the Commissionere acting as a collegial '

draft environmentalimpact statenMnt (environmentalimpact statement),

body may establish a time schedule for on the action to which the document i 51.14(s)(8) (finding of no significant relates was filed with the Environmental impact). I 51.14(a)(7)(environmental all or any part ofits s.tions pursuant to Protection Agency on or before July 29 report) and any supplements to or Subpart G of Part 2 of this chapter.

i 1979.

comments upon those documents, and PreH=l-y Procedures I5m w I 51.14(a)(10) (notice of intent).

(6) " Environmental Impact Sta tement,,

Classification ofLicensing and Whenever emergency circumstances means a detailed written statement as RegulatoryActions make it necessary, the Commission may required by section 102(2)(C) of NEPA.

I 51.20 Cetteria for and identmcetion of take an action with significant (7) " Environmental report" means a scensing and reguietary actione requirtng

. environmentalimpact without observing document submitted to the Commission environmental ampact statements.

the provisions of these regulations.This by an applicant for a permit. license, or (a} 1.icensing and regulatory actions cxemption only applies to actions other form of permission. or an requiring an environmentalimpact i

necessary to control the immediate amendment to or renewal of a permit, statement shall meet at least one of the l

impacts of the emergency.When an license or other form of permission, or following criteria:

I emergency action covered by this by a petitioner for rulemaking, in order (1) The proposed action is a major section is taken, the th=l=lon will to aid the Commission in complying Federal action significantly affecting the

)

consult with the Council concerning with section 102(2) of NEPA.

quality of the human environment.

rppropriate altepaative NEPA

[8)" Finding of No Significant Impact" (2) The proposed action involves a arrangements.

means a concise public document for matter which the Commission. in the

i l

i 13752 Federal Register / Vol. 45, No. 43 / Monday, March 3,1980 / Proposed Rules

)

cxercise of its discretion, has affecting the quality of the human exposures. (v) a signficant increase in determined should be covered by an environment As provided in i 51.22(b),

the potential for accidental releases, or cnvironmentalimpact statement.

the Commission may,in special (vi) a significant increase in spent fuel (b) The following types of actions circumstances. prepare an entronmental storage capacity,in a license for:

require an environmentalimpact impact statement on an action covered (A) Possession and e of special statement or a supplement to en by a categorical exclusion.

nuclear material for g n, cessing. fuel

( ) ss e a it to con truct a I 51.2l Crtteria for and identification of fabrication, scrap recovery, or scenew and regutem epone pg consbn of uranium baDue nuclear power reactor, testing facility or

• "dma"*"t*l ********nt*-

pursuant to Part 70 of this chapter.

fuel reprocessing plant pursuant to Part 50 of this chapter.

(a) Licensing and regulatory actions (B) Possession and use of source (2) Issuance of a full power or design not the subject of an environmental material for uranium milling or capacity license to operate a nuclear impact statement ($ 51.20) or a production of uranium hexafluoride power reactor, testing facility, or fuel categorical eu:lusion (i 51.22) require an purusant to Part 40 of this chapter.

reprocessing plant pursuant to Part 50 of environmental assessment. As provided (C) Receipt and possession of spent this chapter.

In i 51.22(b), the Commission may, h1 commercial reactor fuel at any site for (3) Issuance of a permit to construct or 8pecial circumstances, also prepare an purpose of storage pursuant to Parts 30 o design capacity license to operate an environmental assessment on an action and 70 of this chapter.

Isotopic enrichment plant pursuant to covered by a cate orical exclusion.

t 50.22 of this chapter (b)The types o actions that require (D) Recelpt and possession of high-(4) Conversion of a provisional an environmental assessment under the level radioactive waste in a repository opera:Ing license for a nuclear power criterion in paragraph (a) of this section for the purpose of storage or disposal.

reacter, t sting facility or fue; include, but are not limited to, the (E) Commercial low-level radioactive reprocessing plant to a full term or following:

waste disposal pursuant to Parts 30. 40 design capacity hcense pursuant to Part (1) Issuance of a permit to construct, and/or 70 of this chapter.

50 of this chapterif a final or a full power or design capacity (6) Renewal of licenses to conduct i

environmentalimpact statement license to operate, a production or activities listed ;n paragraph (b)(5) of covering full term or design car ecity utilization facility other than a nuclear this section.

cperation has not been previou_ly power reactor, testing facility, fuel (7) Amendment of a license to prepared.

reprocessing plant, or isotopic authorire backfilling of a repository (5) Issuance of a license to enrichment plant of the type specified in which has been used for the storage or manufacture pursuant to Appendix M of i 51.20.

.lisposal of high level radioactive waste.

Part 50 of this chapter.

(2) Issuance of an amendment to a (6) Issuance of a license to possess construction permit or full power or (8) License amendments or orders cnd use special nuclear material for design capacity operating license for a authorizing the dismantling or processing, fuel fabrication, scrap nuclear power reactor, testing facility, decommissioning of nuclear power recovery, or conversion of uranium fuel reprocessing plant, isotopic reactors, testing facilities, fuel hexafluoride pursuant to Part 70 of this enrichment plant licensed pursuant to reprocessing plants and isotopic chapter.

I 50.22 of this chapter or to a license to enrichment plants.

(7) Issuance of alicense to possess manufacture that would authorite or (9) Termination of a license for the cnd use source material for uranium result in:(i) A significant expansion of a possession and use of source material milling or production of uranium site; (ii) a significant change in the types for unranium milling.

hexafluoride pursuant to part 40 of this of effluents: (iii) a significant increase in (10) Issuance oflicenses pursuant to chapter.

the amounts of effluents;(lv) a Parts 30,40 or 70 of this chapter (1) for (8)Isemance of a license pursuant to significant increase in occupational nuclear laundries, (ll) authorizing Parts 3e and 7e of this chapter exposures: (v) a significant increase la processing of byproduct, source and cuthorizing the receipt and possession the potential for accidental releases; (vi) special nuclear materials for distribution for purpose of storage of spent a significant increase in the authorized to other licensees, (iii) authorizing commerical reactor fuel at a alte not power level; or (vil) a significant processing of source material for occupied by a nuclear powee reactor.

increase in spent fuel storage capacity.

extraction of rare earth and other (9) Issuance of as authorization te (3)Issaance of a license to operate a mdals,'or [iv) testing of depleted construct a reposit for the storege or nuclear power reector, testing facility, uranium military munitions.

disposal of high-leve radioactive waste.

fuel reprocessing plant or lootopic (10) Issuance of a license to receive enrichment plant at lees than full power (11) Substantive and significant cnd possess high-level radioactive or at less than the design capacity.

amendments from the standpoint of waste in a repository for the purpose of (4)Isosance of a license pursuant to environmental impact of Parts 20,30,31.

etorage or disposal Parts 30 and 70 of this chapter 32,33,34,35,40,50,51,70.71,73,81,or (11) Amendment oflicense to authorizing the receipt and possession 100 of this chapter.

cuthorize decommissioning of a for purpose of storage of spent (12) Amendments of Parts 30,40 or 70 repository wh'ch has been used for the commercial reector fuel at an of this ch.pter concerning the exemption storage er dis somal of high-level installetion on the site of but separate from licensing and regulatory radioactive w sete, from a nuclear power rpactor.

requirements of or authorizing ganeral (12)leeuc a of a license authorizing (5)leeuence of an arsendment that licenses for any equipment, device, l

commercial low-level radioactive weste would authorise or result in (i) a commodity or other product containing disposal pursuant to Pens 30,40, and/or significant expansion of a of te, (ii) a byproduct material, source material or 70 of this chapter.

signi6 cant change in the types of special nuclear material.

(13) Any other action whleb Ihc effluents. (iii) a e6snificant increase in Commission detersuines is a maler the ameussts of effluents,(6v) a

%.pe wensue, aanme da i..p.cmany Commission actica significantly signifloont lacrease in occupational we d in 3i suorw] and sist(busgn).

Federal Register / Vol. 45, No. 43 / Monday, March 3,1980 / Proposed Rules 13753 1 51.22 Crtterica for and identHication of (8) Issuance, amendment, or renewal (iii) Nuclear pharmacies licensing and rege.ory actione e#gible for categoricalexcluelo.

of operators' licenses pursuant to Part 65 (iv) Teletherapy IIcens:s of this chapter.

(v)1.lcenses to academic institutions (a) 1.icensing ar.d regulatory actions (9)lasuance of an amendment to a for educational purposes ehgible for categorical exclusion shall permit or license for a reactor pursuant (vi) Industrial radiography meet the following criterion: TI e to Part 50 of this chapter, which changes (vii) Acceptance of packaged proposed action belongs to a category of. a requirement with respect to,

radioactive wastes from others for actions which the Commission, by rule installation or use of a facility or regulation. has declared to be a component located within the restricted transfer to licensed land burial facilities categoncal exclusion, after first finding area, as defined in Part 20 of this (vii ) ltrarLa tors (dry storage-self.

that the category of actions does not chapter, or which changes en inspection contained) individually or cumulatively have a or a surveillance requirement: Provided, (ix)lrradiators (wat storage--

significant effect on the human That (i) the amendment does not involve panoramic) any significant hazards consideration, (x) Cauging devices, analytical environment.

(b) Except in special circumstances as (ii) there is no change in the types or instruments, and other devices utilizing determined by the Commission. upon its amounts of any effluents that may be sealed sources interested person, pon request by any released offsite, and (iii) there is no (xi) Source materiallicenses for own initiative or u an environmental associated increase in individual or fabrication of the products specified in assessment or en environmentalimpact cumulative occupational radiation 10 CFR 40.13. fabrication of military statemW is not required for any action

exposure, munitions, and laboratory use for within a category of actions included in (10) Issuance of an amendment to a research and development the list of categorical exclusions set out Permit or license pursuant to Parts 30 (xil) Welllogging In paragraph (c) of this section. Special 40,50, or 70 of this chapter which (i)

(xlii) Research and deveiupment -

circumstances include the circumstance changes insurance and/or indemnity gj ggg g

where the proposed action involves requirements, or (ii) changes unresolved confhets concerning M

P8 8

g g

alternative uses of available resources d nistrative pr cedurb or oflicenses for import of nuclear wi n he meaning cf section 102(2)(E) re ui me"'

facilities and materials pursuant to Part

,uan e of amendments to 110 of this chapter, except for import of (c)The following categories of actions licenses for fuel cycle plants and spent power reactor fuel.

cre categorical exclusions:

radioactive waste disposal sites a.

(16)Iguance or amendment of guides (1) Amendments to Parts 1,2,4,7.8,9, identified in il 51.20(b) or 51.21(b) for the implementation of regulations in 10,14,19,21,55,140,150, or 170 of this which are administrative, this chapter, and issuance or chapter.

organizational, or procedural in nature, amendment of other informational and or which result in a change in process procedural documents that do not this c ap er wh ch e ti e or of a operations or equipment: Pmvided. That impose any legal requirements.

minor or nonpolicy nature and do not

0) then is no incmse in the types m substantially modify exMing am unts ie uents that may be Determinatimu To Prepare regulations re eased ffsite,(ii) there is no Environmental Impact Statements, Environmertal Assessments or Findings (3) Amendments to Parts 20,30,31,32,

$'n (U

f No Significant impact, and Related i

c a

33. 34, 35, 40. 50, 51, 70. 71, 73, 81, or 100 cf this chapter which relate to (i) exposure, (ill) there is no significant procedures for filing and reviewing construction impact, and (iv) there is no I 51.25 t etermination to propero applications for licenses or construction increase in the potential for or environmentalimpact statement or permits or other forms of permission or consequences from radiological environmentet essessment; oligitaty for for amendments to or renewals of accidents.

categorical exclusion.

licenses or construction permits or other (12) Issuance of an amendment to a Before taking a proposed action forms of permission: (ii) recordkeepmg license pursuant to Parts 50 and 70 of requirements; or (iii) reporting this chapter relating solely to safeguards subject to the provisions of this subpart.

the appropriate NRC staff director or his requirements.

matters (i.e protection against sabotage designee will determine on the basis of (4) Entrance into or amendment, or loss or diversion of special nuclear the criteria and classifications of types suspension, or revocation of an material) orissuance of an approval of a of actionsin il 51.20, 51.21, 51,22 agreement with a State pursuant to safeguards plan submitted pursuant to whether the proposed action is of the section 274 of the Atomic Energy Act of Parts 50,70, and 73 of this chapter, 1954, as amended, providmg for provided that the amendment or type listed in i 51.22[c) as a categorical exclusion or whether an environmental essumption by the State and approval does not involve any impact statement or an environmental discontinuance by the Commission of significant construction impacts.

assessment should be prepared.

(13) Approval of package designs for certain regulatory authority of the the delivery oflicensed materials to a I 51.26 Requirement to pubash nottee of Commission-(5) Procurement of general equipment carrier for transportation.

Intent and conmet scoping procesa.

cnd supplies.

(14) Issuance, amendment, or renewal (a) Whenever the appropriate NRC of the following types of materials staff director or his designee determines (6) Procurement of technical licenses issued pursuant to lo CFR Parts that an environmental impact statement cssistance confirmatory research, and 30,40. or 70:

will be prepared in connection with a

[

personal services relating to the safe (i) Distribution of devices and proposed action, a notice ofintent will operation and protection of commercial products containing radioactive material be published and an appropriate scoping re:ctors, other facilities, and materials to generallicensees and persons exempt process will be conducted.

subject to NRC licensing and regulation.

from licensing (b) The scoping process may include a (7) Personnel actions.

(ii) Medicallicenses public scoping meeting.

13754 Federal Register / Vol. 45. No. 43 / Monday March 3.1980 / Proposed Rules

$ 51.27 860tice of Intent.

(6) Indicate the relationship between (1) The need for the proposed action:

(a) The notice ofintent required by the timing of the preparation of (li) Alternatives as required by sec.

I 51.26 shall:

environmental analyses and the 102(2)(E) of NEpA:

(t) State that an environmentalimpact Commission's tentative planning and (iii)The environmentalimpacts of the I

statement will be prepared; decision-making schedule.

proposed action and alternatives; and l

(2) Describe the proposed action and (7) Identify any cooperating agencies.

(2) A list of agencies and persons l

possible alternatives; and as appropiate, allocate consulted, and identification of sources (3) State whether the applicant or assignments for preparation and used.

petitioner hae filed an environmental schedules for completion of the report, and where copies are available statement to the NRC and any I 81.31 Determinations based on for public inspection:

cooperating agencies.

enWonmenW nt.

(8) Describe the means by which the Upon completion of an environmental (4) Describe the proposed scoping environmentalimpact statement will be assessment, the appropriate NRC staff process, including the role of prepared. Including any contractor director or his designee will determine participants, whether written comments assistance to be.used.

whether to prepare an environmental will be accepted, the last date for (b) At the conclusion of the scoping impact statement or a finding of no submitting comments and where process, the appropriate NRC staff significant impact on the proposed comments should be sent. whether a director or his designee will prepare a action. As provided in i 51.33, a public scoping meeting will be held, the concise summary of the determinations determination to prepare a draft finding time and place of any scoping meeting and conclusions reached, including the of no significant impact may also be or when the time and place of the signficant issues identified, and will made.

meeting will be announced; and send a copy of the sumn'ary to each (5) State the name, address and participant in the scoping process.

Mnding ofNo Signip. cont impoet

{

telephone number of an individualin (c) At any time prior to issuance of the f $1.32 Finding of no signmcent impact.

NRC who can provide information about draft environmental impact statement, the proposed action, the scoping the appropriate NRC staff director or his f'.) A nnding of n significant impact i

process, and the environmentalimpact designee may revise the determinations statement.

made under paragraph (b) of this (3) Identify the proposed action:

l ECOP#8 section, as appropriate,if substantial S

h h Wash b changes are made in the proposed determined not to prepare an I St.as % 4 r.vironmentallmpact action, or if significant new environmentalimpact statement for the seetement.

circumstances or information arise Proposed action:

(a)'Ilie scoping process for an which bear on the proposed action or its 3) fly pres t e asons why the environmental impact statement shall gp s.

significant effect on the quality of the begin as soon as practicable after

$ 51.29 - W W4a.:

human environment; publication of the notice ofintent and shall:

(a) The appropriate NRC staff director (4) include the environmental (1) Define the proposed action which or his designee shallinvite the following assessment of a summary of the le to be the subject of the statement. The persons to participate in the scoping environmentalassessment.If the provisions of 40 CFR 1502.4 will be used process:

assessment is included, the finding need for this purpose.

(1) The applicant or the petitioner:

not repeat any of the discussion in the (2) Any Federal agency which has assessment but may incorporate it by (2) Determine the scope and identify jurisdiction by law or special expertise reference:

the significant issues to be analyzed in with respect to any environmental (5) Note any other related depth.

impact involved or which is authorized environmentaldocuments and (3) Identify and eliminate from to develop and enforce relevant (e) State that the finding and any detailed study issues which are environmental standards; related environmental documents are peripheral or are not significant or (3) Affected State and local agencies.

available for public inspection and list which have been covered by prior including those authorized to develop the location or locations where the environmental review. Discussion of and enforce relevant environmental these issues in the statement will be standards:

documents may be inspected.

)

limited to a brief presentation of why (4) Any affected Indian tribe: and I $1.33 Draft finding of no elenmcent 1

they are peripheral or will not have a (5) Any person who requests en empect.

significant effect on the quality of the opportunity to participate in the scoping (a) As prc rided in paragraph (b) of human environment or a reference to process.

this section.,ne appropriate NRC staff their coverage elsewhere.

(b) participation in a scoping process director or lu designee may make a (4) Identify any public environmental does not, by itself, entitle the participant determination e prepare and issue a cssessments and other evironmental to become a party to the proceeding as draft finding of ne significant impact for impact statements which are being or provided in to CFR 2.714. or in the case public review and amment before will be prepared that are related to but of rule making as provided in the notice making a final detern.' nation whether to are not part of the scope of the of hearing. or to make a lim'ted prepare an environmentalimpact ttatement under consideration.

appearance as provided in 10 CFR 2.715.

statement or a final finding of no (5) Identify other environmental Envimamento/ Assessment significartt impact on the proposed review and consultation requirements action.

related to the proposed action so that I St.ko Environmental asesoament.

(b) A draft finding of no significant other required analyses and studies may (a) An environmental assessment impact may be prepared whenever a be prepared concurrently and integrated shall identify the proposed action and proposed action (1)is, or is closely with the environmentalimpact include:

similar to, one which normally requires statement (1) A brief discussion of the preparation of an environmental

Federal Register / Vol. 45, No. 43 / Monday, March 3,1980 / Proposed Rules 13755 impact statement, or (2)is without planning process before submitting appropriate. In the number of copies precedent.

environmental information or filing an specified in iI 51.55,51.61 or 51.66. An (cl A draft fmding of no significant environmental report.

applicant or petitioner may submit a impact will (1) be marked " Draft". (2)

(b) Requests for guidance or supplement to an environmental report contain the information specified in information on environmental matters at any t'me, l 51.32 and (3) be accompanied by or may include inquiries relating to:

(b) En vimnmento/ considemtions. The include a request for comments on the (1) Applicable NRC rules and environmental report shall contain a propowd action and on the draft fmding regulations; description of the proposed action, a within thirty (30) days, or such longer (2) Format, content and procedures for statement ofits purposes. a description period as may be specified in the notice filing environrnental reports and other of the environment affected, and discuss of the d%ft imding environmentalinformation; the following considerations:

(dj When a draft fmding of no (3) Availability of relevant (1) The impact of the proposed action significant impact is issued for a environmental studies at;d on the environment. Impacts shall be proposed action, a final determination to environmentalinformation:

discussed in proportion to their prepare an environmentalimpact (4) Need for, appropriate level and significance:

statement or a fmal finding of no scope of any environmental studies or (2) Any adverse environmental effectg significant impact for that actiott shall information which the Commission may which cannot be avoided should the not be made until the last day of the require to be submitted in connection proposal be implemented; public comment period has expired.

with an application or petition:

(3) Alternatives to the proposed (5) Pubhc meetings with NRC staff.

action.The discussion of alternatives i 51.34 Preparation of finding of no (c) Questions concerning f 3all be sufficiently complete to aid the sHpnificant impact.

environmental matters should be commission in developing and (a) Except as provided in paragraph addressed to the following NRC staff exploring. pursuant to section 102(2)[E)

(b) of this section, the finding of no offices as appropriate:

of NEPA,* appropriate altrrna.dves to significant impact will be prepared by Utilizotion facilities: Director. Office recommended courses of c,ction in any the NRC stafi director authorized to take of Nuclear Reactor Regulation. U.S.

proposal which involves unresolved the action, or his designee.

Nuclear Regulatory Commission.

conflicts concerning alternative usen of (b)If the action is subject to a hearing Washington. D.C. 20555. Telephone:

available resources." To the extent under the regulations in Subpart G of (301) 492-7691, practicable, the environmentalimpacts Part 2 of this chapter or if the action can Production foc/lities: Director, Office of the proposal and the alternatives only be taken by the Commissioners of Nuclear Material Safety and should be presented in comparative actmg as a cohegial body. the Safeguards. U.S. Nucle 9r Regulatory form; appropriate NRC staff director or his Commission. Washington. D.C. 20555 (4) The relationship between local designee will prepare a proposed findmg Telephone: (301) 427-4063.

short-term uses of man's environment of no significant impact which may be Aforerials licenses: Director. Office of and the maintenance and enhancement subject to modification as a result of Nuclear Material Safety and Safeguards, oflong. term productivity: and Commission review and decision as U.S. Nuclear Regulatory Commission.

(5) Any irreversible and irretrievable appropriate to the nature and scope of Washington, D.C. 20555, Telephone:

commitments of resources which would the proceeding. In such cases. the (301) 4:7 4063.

be involved in the proposed action presiding officer, the Atomic Safety and Rulemoking: Executive Director for should it be implemented.

1.icensing Appeal Board, or the Operations U.S. Nuclear Regulatory (c) Analysis. The environmental Commission acting as a co!!egial body, Commission, Washington, D.C. 20555, report shallinclude an analysis which cs appropriate, willissue the final Telephone: (301) 492-7511.

considers and balances the finding of no significant impact.

'"U environmental effects of the proposed 1 51.35 Requirement to putdish finding of 1

tion.

action and the alternatives available for no significant impact; limitation on Th

1. '"8 appl.e Commission maY r'9ufre an commiselon action.

icant for a pennit, license, or other environmental effects, as well as the (a) Whenever the Commission makes a draft or final findmg of no significant form of permissian, or amendment to or environmental, economic, technical and renewal of a perr sit, license or other other benefits of the p osed action h'

I"8 I rm f permission, or a petitioner for ne analysis shall, to the fullest extent wiflb Publi ed as p d in rulemaking to submit such information practicable, quartify the various factors considered.To the extent that there are t he Commissio,n as may be usefulin important qualitative considerations or

) riless the Commission is required 3

siding the Commission in complying mission shaYnot tak'e any action w th section 10,2(2) of NEPA.The these factors cannot be quantified, they Co shall be discussed in qualitative terms.

for which a draft finding of no Commission will independently evaluate The environmental report should significant impact has been made until the information submitted and will be contain sufficient data to aid the after the fma!Imding has been resp nsible for the reliability of any published in the Federal Register.

ini rmation which it uses.

Commission in its development of an Independent analysis.

Environmental Reports and EnvironmentalReports-General (d) Status ofcompliance. Tbe Information-Requiremerts Applicable g,qujfemenf, environmental report shalllist all Federal permits. licenses, approvals and to Applicants and Petitioners f 51.45 Environmental report-other entitlements which must be General (a) General. As required by ll 51.50, obtained in connection with the 51.53. 51.54,51.60 or 51.65 each applicant proposed action and shall describe the 1 51.40 Consultation with NRC staff.

or petitioner shall submit with its status of compliance with these (a) A prospective app?icant or application or petition a separate requirements. The environmental report petitioner is encouraged o confer with document entitled " Applicant's" or shall also include a discussion of the NRC staff as early as possible in its

Petitioner's Environmental Report," as status of compliance with applicable f

1 l

13756 Federal Register / Vol. 45, N:. 43 / M:nd;y, M:rch 3.1980 / Proposed Rul;s snvironmental quahty standards and (3) The average level of irradiation of accidents in transport, are as set forth in rrquirements (including. but not limited the irradiated fuel from the reactor does SummaryTable S-4 in paragraph (c) of to. applicable roning and land.use not exceed 33.000 megawatt-days per this section: and the values in the table l

regulations, and thermal and other metric ton, and no irradiated fuel represent the contribution of the water pollution limitations or assembly is shipped until at least 90 transportation to the environmental r:quirements promulgated or imposed days after it is discharged from the costs oflicensing the reactor.

i pursuant to the Federal Water Pollution reactor:

(b) For reactors not meeting the Control Act) which have been imposed (4) With the exception of irradiated conditions of paragraph (a) of this by Federal. State, regional, and local fuel, all radioactive waste shipped from section, the statement shall contain a agencies having responsibility for the reactor is packaged and in a soild full description and detailed analysis of environmental protection. The form; the environmental efrects of discussion of alternatives in the report (5) Unirradiated fuel is shipped to the transportation of fuel and wastes to and shallinclude a discussion whether the reactor by truck: Irradiated fuelis from the reactor. including values for the alternatives will comply with such shipped from the reactor by truck. rail, environmentalimpact under normal cpplicable environmental quality or barge; and radioactive waste other conditions of transport and for the standards and re#2ments.

than irradiated fuel is shipped from the environmental risk from accidents in (e) Adverse i,fwnotion. The reactor by truck or rail; and transport. The statement shall indicate information submitted pursuant to (6) The environmentalimpacts of that the values determined by the paragr.phs (b)-(d) of this section should transportation of fuel and waste to and analysis represent the contribution of not be confined to information from the reactor, with respect to normal such effects to the environmental costs supporting the proposed action but conditions of transport and possible oflicensing the reactor.

should also include adverse information.

EnvironmentalReports-Ftoduction and

• • "***@**""**""*"'**"#I'*'**'**"#"*****'*"*"'#'***"

Utilization Facilities (Normal coneems of Warsport]

I 51.50 Envfronmental reporto--

construction permet stage.

Envwonmeatel ripact Each applicant for a permit to n,,,,,,,,,,,,,,u,,,,,,,.

,3e om,g, construct a production or utilization woes too emse tir peo = soo-w or saw enmew.,

73.000 es p. vuce. too one p. cae p-f:cility covered by I 51.20 shall submit with its application the number of inne tem y., i p on, copies, as specified in i 51.55. of a 8 *'

Lea '*a 3 p* "*a*

eeparate document. entitled

, Applicant s Environmental Report-geom,e,

.om.

Construction Permit Stage." which shall E*=so popuanoa twe-

• asao=

• so= = w=ed acc=so ccatain the information specified in O

*****y*"'*

,',.'",,1*,,"

Ii 51.45,51.51 and 51.52.

ywr 9 51.51 Environmental effects of uranium Try.ecortanoa war..

roo oos e 300 avn a men ution of draft en*onmental changes may be made by attaching statement-menufacturing license, impact statement errata sheets to the draft statement. The A draft environmentalimpet Copies of the draft environmental entire document with a new cover may statement relatirg to issuance of a impact statement and any supplement to then be issued as the final license to man.if.ature a nuclear power the draft environmentalimpact environmentalimpact statement.

reactor will address the environmental statement will be distributed in (b) The final environmentalimpact matters specified in Appendix M of Part accordance with the provisions of statement will discuss any responsible 50 of this chapter.The draft i 51.74, opposing view not adequ6tely discussed in the draft environmentalimpact environmentalimpact statement wiy Legislative Envimamentallmpact statement orin any supplement to the lude uest for comments as Statements-Proposals for Legislation draft environmental impact statement, I 51.84 M: x; for legieletion.

and respond to the issues raised.

I 51.77 Distritpution of draft en*onmental The Com nission will. as a matter of

(

nel mna pact "I

N ' * *

(a)In addition to the distribution policy, follow the provisions of 40 CFR a ema c

ere in it ami authorized by I 51.74, a copy of a draft 1506.8 regarding the NEPA process for gnvironmental statement for a licensing proposals for legislation-decisions based on it will or will not achieve the requirements of sections 101 cction for a production or utilization FinalEnvironmentallmpact

.and 102(1) of NEPA and of any other facility, except an action authorizing Statements-Genem/ Requirements relevant environmenta! laws.

Issuance, amendment or renewal of a (d) The final environmentalimpact license to manufacture a nuclear power i

Rnal p*metalimpact

• • • • • "'~8"**'-

statement willinclude a final analysis reactor pursuant to 10 CFR Part 50, and a final recommendation as to the Appendix M will also be distributid to:

After receipt and consideration of action called for.

h f th comments requested by ll 51.73 and alfty or count identified in the 51.117, the NRC staff will prepare a final I 51.92 supplement to final en*onn= ental m nic draft environmentalimpact statement as envir nmentalimpact statementin impact statent.

the preferred site for the proposed accordance with th; requirements in (a) The NRC staff may prepare a facility or activity, il 51.70(b) and 51.71 for a draft supplement to a final environmental (2) Upon request, the chief executive mimnmentalimpact statement The impact statement when, in their opinion, (f each municipality or county identified f rmat pr videdin Appendix A of this preparation of a supplement will further in the draft environmentalimpact subpart should be used.

the purposes of NEPA.

(b) A supplement to a final statement as an alternative site.

I 51.91 Final en*onmentalImpact j

(b) Additional copies will be provided statement-contents.

sn mnmental pac s n i be trpon request to the extent available.

(a)(1) The final environmental impact p

e, n

aa manner as the final environmental Draft Environmental /mpact stater.mt willinclude responses to any impact statement except that a scoping Statements-Materials Licenses commems on the draft environmental process need not be used.

impact statement or on any supplement 8 51.s0 Droft en*onmentalimpact to the draft environmentalimpact (c) A supplement to a final environmental impact statement will be statement-motodels licones statement. Responses to comments may Except as the context may otherwise include:

accompanied by or willinclude a require, procedures and measures (i) Modification of alternatives, request for comments as provided in similar tc, those described in ll 51.70, including the proposed action:

5 51.73 if the conditions described in 51.71. 51.72 and 51.73 will be followed in (ii) Development and evaluation of i 51.72(a) (1) or (2) apply.

proceedings for the issuance of alternatives not previously given serious i St.ss Destrituution of final en*onmental materials licenses covered by consideration:

Impact statement and er;;m.; to anal l 51.20(b)(6H12).

(iii) supplementation or modification en*onmentalimp ct statement; news of analyses; meeanos.

3 51.81 Distrituutson of draft en*onmental (iv) Factual corrections:

(a) A copy of the final environmental Impact statement (v) Explanation of why comments do impact statement will be distributed to:

Copies of the draft environmental not warrant further response, citing (1) The Environmental Protection impact statement and any supplement to sources, authorities or reasons which Agency.

the draft environmentalimpact support this conclusion.

(2) The applicant or petitioner and any statement will be distributed in (2) All substantive com;nente received other party to the proceeding.

accordance with the provisions of on the draft environmentalimpact (3) Appropriate State, regional and i 51.74.

statement or any supplement to the draft metropolitan clearinghouses.

(

l

j j

13760 Federal Register / Vol. 45, No. 43 / Monday, March 3,1900 / Proposed Rules (4) Each commenter.

environmental impact statement. Unless required as provided in i 51.20, or until t

i (5) Upon request, any other person to otherwise determined by the a final finding of no significant impact is the extent available.

Commission, a supplement on the issued in cor:nection with a proposed (b) Additional copies will be provided operation of a nuclear power reactor licensing or regulatory action for which upon request to the extent available.

will only be prepared in connection with an environmental assessment is (c)If the final environmentalimpact the first licensing action authorizing full required as provided in i 51.21:

stitement is unusualiy long or there are ' power operation.

(1) No action concerning the proposal so many comments on a draft environmentalimpact statement or any Fina/ Envimnmental/mpact may be taken by the Commission which Statements-Materials Licenses would (i) have an adverse supplement to a draft environmental environmentalimpact, or (ii) limit the impact statement that distribution of the

$ 51.97 ! Reserved]

choice cf reasonable alternatives.

satire final statement to all commenters is impracticable, a summary of the fmal Fina/Environmentallmpact (2) Any action concerning the st:tement and the substantive Statements-Ru MoAing petitioner which would (i) have an c mments will be distributed. When the i 51.99 [ Reserved]

adverse environmental impact, or (ii) final environmental impact statement limit the choice of reasonable his been prepared by adding errata NEPA Pmcedure and Administrative sheets to the draft environmentalimpact Action alternatives may be grounds for denial of the license or petition. In the case of statement as provided in i 51.91(a)("%

General an application covered by ll 30.32[f),

cnly the comments. the responses to ine 40.31(f),50.10(c) or 70.21(f) of this commenta and the changes to the 5 51.100 Timing of commiselon action.

g 4;,,g p,,

3 cnvironmentalimpact statement will be (a)(1) Except as provided in paragraph (a)(2) of this section will be distributed.

(b) of this section. no decision on a implemented as provided in (d) A supplement to s final proposed action, including the issuance i 7 10.33(a)(5). 40.32(e). 50.10(c) or Environmental impaca statenont will be of a permit, license, or other form of 7(.J3(a)(7) of this chapter, as distributed in the same manner as the permission, or amendment to or renewal final environmentalimpact statement to of a permit, license, or other form of app riate which it relates.

permission, or the issuance of an (e) News releases stating the effective regulation. for which an environmental impact statement is in cvailability and place for obtaining or environmentalimpact statement is progress, the Commission wul not inspectics a final environmentalimpact required. will be made and no record of undertake in the interim any major st:tement or supplement will be decision will be issued until the later of Federal action covered by the program provided to local newspapers and other the following dates:

which may sigmficantly affect the cppropriate media.

(i) Ninety (90) days after publication quality of the human environment unless such action:

(f) A notice will be published in the by the Environmental Protection Agency Federal Register in accordance with of a Federal Register notice of fi'ing of (1)is justified independently of the i 51.118.

the draft environmentalimpact pmgram; statement (2)Is itself accompanied an adequate I"

(ii) Thirty (30) days after publication environmental impact statement; and

• "* "**"

• P**

(a) The final environmentalimpact by the Envirevnental Protection Agency (3) Will not prejudice the ultimate of a Federal Register notice of filing of decision on the program. Absent any statement, together with any comments and any supplement, will accompany the final environmentalimpact satisfactory explanation to the contrary, statement interim action which tends to determine the application or petition through, and (2)If a $otice of filing of a final subsequent development or limit be consillered in, the Commission s EnvironmentalImpact Statement is reasonable alternatives, will be

'decisionmaking process.

published by the Environmental considered prejudicial.

(b)The final environmentalimpact statement, together with any comments Protection Agency within ninety (90)

(c)This section does not preclude any and any supplement. will be mada a part days after a notice of filing of a draft applicant for an NRC permit, license, or environmental statement has been other form of permission, or amendment cf the record of any rulemaking or cdjudicatory proceeding.

published by EPA, the minimum thirty to or renewal of an NRC permit, license, (30) day peri ~l and the minimum ninety or other form of permission. (1) from Fino/Envimnmentallmpact (90) day period may run concurrently to developing any plans or designs Statements--Pmduction and Utilization the extent they overlap.

necessary to support an application; or racilitiee (b)In any rulemaking proceeding for (2) after prior notice and consultation the purpose of protecting the public with NRC staff, (i) from performing any 9 51.96 Supplement to final en*onmental health or safety or the common defense physical work necessary to support an ImPect statement % Roones and security, the Commission may make application, or (ii) from performing any in connection with the issuance of an and publish the decision on the final other physical work relating to the cperating license for a production or rule at the same time that de proposed action if the adverse utilization facility, the NRC staff will EnvironmentalProtection Agency environmentalimpact of that work is de prepare a supplement to the final publishes the Federal Register notice of minimis.

environmentalimpact statement on the iling of the final environmentalimpact construction permit for that facility.The statement

• i 51.102 Requirement to provide a record supplement willinclude a request for of tiocialon,properation comments as provided in i 51.73.He 1 51.101 usetations on actions.

(a) A Commission decision of any supplement will cover only matters (a) Until a record of decision is leeued action for which a final environmental which differ from or which reflect in connection with a proposed licensing impact statement has been prepared l

significant new information in addition or regulatory action for which an shall be accompanied by or include a I

to those matters discussed in the flaal environmentalimpact statement is concise public record of decision.

l

Federal Register / Vol. 45. No. 43 / Monday March 3,1980 / Proposed Rules 13761 (b) Except as provided in paragraph will be made available.to the public at Produefion and Utilization Focilities (c) of this section the record of decision least fifteen (15) days before any will be prepared by the NRC s'.aff relevant hearing. At the hearing, the fH.M5 Mc Marings in prooms director authorized to take the action, or position of the NRC staff on matters

'I'*"*"****"*'#"#U'"P'"""**'

his designee.

covered by this subpart will not be (c)If the action is subject to a hearing fresented until the final environmental (alin addition to complying with under the regulations in Subpart G of impact statement is furnished to the applicable requirements of I 51.104 of Part 2 of this chapter or if the action can Environmental Protection Agency and this subpart in a proceedmg for the onl> be taken by the Commissioners commenting agencies and made issuance of a construction permit for a acting as a collegial body. the available to the public. Any other party nuclear power reactor, testing facility, appropriate NRC staff director or his to the proceeding may present its case fuel reprocessing plan' or isotopic designee will prepare a proposed record on NEPA matters as well as on enrichment plant, or for the issuance of of decision. which may be subject to radiological health and safety matters a license to manufacture, the presiding modification as m!t of Commission before the end of the fifteen (15) day officer will:

review and dec s as appropriate to period.

(1) Determine whether the the nature and scope of the proceedin.

(b)(1) The NRC staff will offer the requirements of section 102(2) (A). (C).

a In such cases, the presiding officer, the final environmental impact statement in and (E) of NEPA and the regulations in.

Atomic Safety and 1.icensing Appeal evidence in a proceeding in which this subpart have been met.

Board, or the Commissioners acting as a (i) A bearing is held on the issuance of (2) Independently consider the final collegial body, as appropriate, willissue a permit or license or amendment to or balanca among conflicting factors the record of decision.

renewal of a permit or license:

contained in the record of the

$ 51.103 Record of deciolon-general

^ " ' " *

• EI (a)The record of decision required by statement has been prepared in the appropriate action to be taken:

i 51.102 of this subpart shall be clearly connection with the proposed action:

(3) Determine, after weighing the and identified and shall.

environmental, economic, technical, and (1) State the decision.

(iii) Matters covered by this subpart other benefits against environmental are in issue.

(2) Identify all alternatives considered and other costs, and considering by the Commission in reaching the (2) Any party to the proceeding may reasonable alternatives, whether the decision. state that these alternatives take a position and offer evidence on construction permit or license to the aspects of the prormed action manufacture should be issued, denied, e at es d usse in the covered by NEPA cnd this subpart in or appropriately conditioned to protect environmental impact statement, and acc rdance with the provisions of environmental values:

specify the alternalise or alternatives Subpart G of Part 2 of this chapter.

(4) Determine,in an uncontested which were considered to be (3)In the proceeding the presiding proceeding whether the NEPA review d eer decMe he manen in conducted by the NRC staff has been environmentally preferable.

(3) Discuss preferences among c n r nny am ng me parties withm, adequate; anJ alternatives based on relevant factors, the scope of NEPA and this subpart.

(5) Determine, in a contested includmg economic and technical (4) In the proceedmg. the initial considerations, the Commission's d cisi n of the presidmg officer or the proceeding, whether in accordance with statutory mission, and any essential final decision of the Commissioners the regulation's in this subpart, the construction permit or license to considerations of national policy, which acting as a collegial body or the Atomic manufacture should be issued as were balanced by the Commission in Safety and 1.icensing Appeal Board will proposed.

onsidera ions erejinto i ci lo requ ed b i 51 0 a d 511 and Moterials Licenses

' d (4) State whether the Commission has dih conc"s nj l 51.106 (Reeervedl taken all practicable measures within its 9nte jurisdiction to avoid or minimize the proposed wcord of decision Rule Making Environmental harm from the alternative prepared by the ocpropriate NRC staff director or his degnee as provided in I"

th se m asures er no ad pt d.

I 51.102(c). 'llie initial or final decision Public Notice of and Access to Summarize any license conditions and int rporating the 6ecord of decision will Environmental Documents momtoring program adopted in be distributed as provided in i 51.93.

connection with mitigation measures' (c)In any proceeding m which a l 51.118 Notice of intont.

(b) The record of decision may be hearing is held for the itsuance of a (a)In accordance with i 51.26 the

~

integrated into any ather record permit or hcense, or amendment to or appropriate NRC staff director or his E

re b renewal of a pertnit or license, where designee will cause to be published in c((,c gn it he a tio record the NRC staff has determined that no the Federal Register a notice ofintent fd b

envimnmental impact statement need be stating that an environmental impact refere ce m teria co tained in a final prepared for the proposed action any staternent will be prepared.The notice snvironmentalimpact statement.

party to the proceeding may take a will contain the information specified in position and offer evidence on the i 51.27.

I5t.104 NRC proceedings using put>lic aspects of the proposed action covered (b) Copies of the notice will be sent to hearings; consideration of environmental by NEPA and the regulations in this appropriate Federal. State, arJ local impact statements; record of deciolon, subpart in accordance with the agencies, and Indian tnbes.. appropriate (a)In any proceeding in which a draft provisions of Subpart C of Part 2 of this State, regional, and metropolitan snsironmentalimpact statement is chapter. In the proceeding. the presiding clearinghouses and to interested persons prepared pursuant to this subart, the officer will decide any such matters in upon request. A public announcement of draft environmentalimpact - ment controversy among the parties.

the notice of intent will also be made.

- 13782 Federal Register / Vd. 45, Ns. 43 / M:ndry, MIrch 3,1980 / Proposed Ruhs

$ 51.117 Draft environmentalimpect (b) The finding willinclude a 1 51.123 Cost of meteriale distributed to i

statement-notice of avellebinty.

statement that copies of the findir.g. the put lic-(a) Upon completion of a draft environmental assessment setting forth To the extent available, copies of environmentalimpact statement or any the basis for the finding and any related draft and final environmentalimpact supplement to a draft environmental environmental documents are available statements, findings of no significant impact statement, the appropriate NRC for public inspection and will list the impact and environmental assessments staff Cactor or his designee will cause location or locations where inspection will be made available to the public to be pullished in the Feders. Register a may be made, upon request without charge. When notice of svailability of the statement.

(c) Copies of the finding will be sent available NRC copies have been (b) The cotice will request cumments to appropriate Federal, State, and local exhausted, the requestor will be advised on the proposed action and on the draft agencies, and Indian tribes, appropriate that the National Technical Information statement or any supplement to the draft States. regional, and metropolitan Service will provide copies at a fixed fee statement and will specify where clearinghouses and to interested persons and that NRC will also provide copies at comments should be submitted and upon request.

a fee that does not exceed the actual reproduction costs.

when the comment period expires.

15u20 AveliabiNty of environmental (c) The notice will (1) state that copies alocuments for putdic inspection.

Commenting of the draft statemcat or any supplement Copies of environmental reports, draft 1 51.124 Commiselon asuty to comment.

to the draft statement are available for and final environmentalimpact public inspection: (2) list the location or statements, environmental assessments.

As a matter of policy the Comm.ission locations where inspection may be and findings of no significant impact.

Wul, as provided by 40 CFR 1503.2 and made, and (3) state that any comments together with any related comments and 1503.3, comment on draft environmental of Federal. State, and local agencies, environmental documents, will be Impact statementa prepared by other Indian tribes ce other interested persons placed in the Commission's Public Federal agencies.

wil! be made avellable for public Document Room at 1717 H Street. NW Responalble Official inspection when received.

Washington D.C 'and in any public (d) Copies of the notice will be sent to document room established by the 1 51.125 ResponeitWe official.

appropriate Federal. State, and local Commission in the vicinity of the site of The Executive Director for Operations agencies and Indian tribes, appropriate the proposed facility or licensed activity shall be responsible for overall review State, regional, and metropolitan where a file of documents pertaining to of NRC NEpA compliance, except where clearinghouses, and to interested such proposed facility or activity is the decision rests as a matter of law persons upon request.

maintained.

with an administrative law judge, AtomM Safety and Licensing Board, 1 51.118 Final environmentallmpact 1 51.121 Status of NEPA actions.

Atomic Safety and Licensing Appeal statemenknosos of eveNebunY Individuals or organizations desiring Board, or the Commission acting as a Upon completion of a final information on the Commission's NEpA collegial body.

environmentalimpact statement or any process or on the status of specific Appendix A-Format for Presentation of supplement to a final environmental NEpA actions should address inquiries Materialin EnvironmentalImpact Statements impact statement, the appropriate NRC to:

g g g,g;;g,,,,

staff director or his designee will cause Utilization facilities: Director. Office of format for environmental impact statements to be published in the Federal Register a Nuclear Reactor Regulation. UA Nuclear which will encourage good analysis and clear notice of availability of the statement.

Regulatory Commission. Washington. D.C.

presentation of the alternatives including the The notice willstate that copies of the 20555. Telephone: (301) 492-7601.

proposed action. The following standard final statement or any supplement to the Pmduction facilities: Director, Office of format for environmentalimpact statements final statement are available for public Nuclear Material Safety and Safeguards, should be followed unlen there is a U Nuclear Regulatory Commluton, compelling reason to do otherwise:

inspection and list the location or locations where inspection may be he n

0555Jelephaeq301) er shut

• made. Copies of the notice will be sent Materials licenses: Director, Office of (3) Table ofContents

_ na to appropriate Federal State, and local Nuclear Material Safety and Safeguards.

(4) Purpose of and Need for Action

• agencies, and ladian tribes, appropriate US Nuclear Regulatory Commission.

(5) Alternatives including the proposed State, regional, and metropolitan Wuhington, D.C. 20555. Telephone: (301) action

• clearinghouses and to interested persons 427 m (e) Affected Environment

• upon request.

Rule m% Executive Director for (7) Environmental Consequences and Operations. UA Nuclear Regulatoiy Mitigating Actions.*

$ 51.119 Putdicagon of finding of no Commission. Washington. D.C. 20555.

(e) Ust of Preparers' signifloont impact.

Telephone:(301) 402-7511.

(e) Ust of Agencies. Organizations and Pers s to Whom Copies of the Statement (a) As requind by I 51.35, the i 51.122 Ust of interested organisecone appropriate NRC staff director or his and smups.

(to)Index designee will cause the finding of no The appropriate NRC staff director or (11) Appendices (if any)*

significant impact to be published in the his designee will maintain a list of If a different format is used it shallinclude Federal Register.The finding of no organizations and groups, including paragraphs (1). (2). (3), (8). (9), and (10) of significant impact will be identified as a relevant conservation commissions, this section and shallinclude the substance i

f draft or final finding and will contain known to be interested in the of aragraphs (4). (5),(e). (7), and (11) of this P

the information specified in i 51.32 or Commission's licensing and regulatory

• • Cti"" 3" '"Y *ppropriate format.

^ddi'i "

I 51.33, as appropriate. A draft finding activities and will promptly notify such

' hle

,,,,,j, nd e o ma a

fie !

Of no significant impact will include a organizations and groups of the by an asterisk is set out in sections 2.- 9. of request for comments which specifles availability of a draft environmental this appendix.

where comments should be submitted impact statement or a draft finding of no (b) m techniqua nf tistina and and when the nomment period expires.

alsnificant impact.

Inarporation by referena dacribed

Federal Register / Vol. 45. No. 43 / Monday. March 3.1980 / Proposed Rules 13763 respectnely in 40 CR 1502.20 and 150EL28 be considered by the ultimate decisionmaker. evaluation olinformation submitted by the and 40 CFR 1502.21'of CEQ's NEPA An otherwise reasonable alternative will not applicant or petitioner or others will be regulations may be used as appropriate to aid be excluded from discussion solely on the included in the list. Where possible. the in the presentation ofissues. etuninate ground that it is not within the jurisdiction of persons who are responsible for a particular repetition r,r reduce the size of an the Commission.'The discussion of environmental impact statement. In alternatnes will take into account. without analysis. inchsding analyses in background papers. will be identified.

appropnate circumstances, draft or final duphcatmg. the environmentalinformation

9. Appendices. An appendix to en environmental impact statements prepared and analyses included in sections 4. 6. and 7.

environmental tmpact stalement will:

by other Federal agencies may be adopted in of this Appendix. Alternatives eliminated (a) Consist of material prepared in 4

whole or in part in accordance with the from detailed study wd! be identified and a procedures outhned in 40 CFR 1506 3'of discussion of those alternatives will be connection with an environmentalimpact statement las distinct from material which is CFQ's NEPA regulations In final confmed to a bnef statement of the reasons not so prepared and which la incorporated by environmentalimpact statements, material why the alternatives were ehminatect The reference Ho CFR 1502.21)k ur. der the following format headings will level of information for each alternative (b) Normally consist of material which normally be presented in less than 150 pages-considered in detad will reflect the depth of substantiates any analysis fundamental to Purpose of and Need for Action. Alternatives analysis required for sound decisionmakmg.

the impact statement. Discussion of including the Proposed Action. Affected Where important to the comparative Environment, and Environmental evaluation of alternatives, appropnate methodology used may be placed in an appendm.

Consequences and Mitigatmg Actions For mitisating measures for the alternatives will proposals of unusal scope or complexity, the be discussed.

(c) Normally be analytic.

material presented under these format In the draft environmentalimpact (d) Be relevant to the decision to be made.

headmgs may extend to 300 pages statement. this section will either include a (e) Be circulated with the environmental

2. Cover sheet. The cover sheet will not preliminary recommendation as to the action impact statement or be readily available on exceed one page. It willinclade:

called for, or identify the alternatives under request.

(a)The name of the NRC office responsible consideration.

References for preparing the staterient and a list of any in the final environmental impact

g. negg cooperstmg agencies statement, this section wd! include a final (b) The title of the proposed action that is recommendation as to the action called for.

40 CR 1502.20 states: " Agencies are the subject of the statement with a list of the

6. Affected environment.ne encouraged to tier their environmental impact states. counties or municipahties where the environmental impact statement will statements to ehminate repetitive discussions action is located. en appropriate.

succinctly descnbe the environment to be of the same issues and to focus on the actual (c) The name, address. and telephone affected by the proposed action. Data and issues ripe for decision at each level of number of the indnidualin NRC who can analyses in the statement will be environmental review (1 1508 28). Whenever supply further informa tion.

commensurate with the importance of the at broad environmentalimpact statement has (di A designation of the statement as a impact, with less important matenal been prepared (such as a program or pobcy draft or final statement. or a draft or finar summanred. conso! dated. or simply statement) and a subsequent statement or supplement.

referenced. Effort and attention will be environmental assessment is then prepared (e) A one paragraph abstract of the concentrated on important issues: useleen on an action included within the entire statement.

bulk will be ehminated program or policy (such as a site spoofic (f) For draft environmentalimpact

7. Environmental consequences and action) the subsequent statement or statements. the date by which comments mitigating actions. This section discusses the environmental assessment need only must be receiveo environmental consequences of the proposed summanze the issues discussed in the

3. Summary Each environmentalimpact action and any mitigating action which may broader statement and incorporate statement will contain a surnmary which be taken. De discussion willinclude any discussions from the bmeder statement by adequately and accurately summanses the adverse ensironmenial effects which cannot reference and shall concentrate on the issues statement. De summary will stress the maior be av :ded should the proposal be specfic to the subsequent action. The imp emented, the relationship between short-subsequent document shall state where the l

issues considered. The summary will discuss the areas of controversy, will identify any term uses of man e environment and the urb docum is avadabit TW m remaining issues to be resolved, and will maintenance and enhancement oflong-tenn also be appropriate for different stages of l

actions. (Sec.150s.28)."

present the major conclusions and recommendations. The summary will 40 CHL 1508.28 states: " Tiering' refers to normally not escced 15 pages.

9g the coverage of general matters in broader

4. Purpose of and need for action. De 9

g gg environmentalimpact statements (such as statement will bnefly descnbe and specify discussions of nati nal program or pohcy statementa) with the purpose of and need for the proposed la) Direct effects and their significance.

aubsequent narrower statements or cction. The alternative of no action will be (b) Indirect effects and their signthcance envimnmental analyne (such as ngtonal or discussed In the case of nuclear power (c) possible confhets between the proposed basinwide program statements or ultimately plants. rnnsideration wi!! be given to the action and the objectives of Federal, regional, site-specific statements) incorporating by potentia. impact of conservation measures in State. and local (and in the case of a reference the general discussions and determining the demand and consequent resersation. Indian tnbe) land use plans.

concentraung solely on the issues spdc to need for additional generstmg capacity.

pohcies and controls for the area concemed.

the statement subsequently prepared. Tiering 5 Alternatives mcludmg the proposed (d) Means to mitigate adverse is appropriate when the sequence of cetion. This section is the heart of the environmental impacts.

stamments or analyns is:

snvironmentalimpact statement. It will 8.1.ist of preparers. TI'e environmental la) Fmm a pmgram plan, or policy present the environmentalimpacts of the impact statement will het the names and environmentalimpact statement to a proposal and the alternatives in comparatise qua hfications (e spertise. empenence, pmgram. plan. or pohcy statement or analysis form. All reasonable ehernatives will be professional disciphneel. of the persons who oflesur scope or to a sitospecific statement identified The range of alternatnes were pnrnanly responsible for preparing the or analy sis.

j discussed will encompass those proposed to environmentalimpact statement or

• (b) Fron an environmental impact signiLcant background papers. Persons statement s n a speci6c action at en early

' T.crmg responsible for making an independent stage (such as need er d site selection) to a to CHI 15c2.20 !For ieal see reference t )

supplement (which is preferred) or a eo CFF t 506 2s IFor test see reference 1 )

Eth respect to bmiterions on NRC's NEPA eduquent stakment w anahsis at a lakr Incorpororson by reference 40 CHL 1502.21 (For authoney and responutnhiy imposed by the Federal stage [such as environmental mitigation).

test see reference 1 )

Weier Pot)ution Control Act Amendments of tirr2, Tiering in such caws is appropriate when it see documents identd.ed in 151 totc) of bbpart A helps the lead agency tu locus on the issues

'Optson. 40 CDt 1sosL3 (For tant see reference 1) of this part.

which are ripe for deos.un and exclude from l

l

Federal ReS ster / Vol. 45. No. 43 / Monday. March 3.1980 / Proposed Rules i

13784 I

consideration issues already decided or not i 2.104 (Amended]

l Vil (Appendis A)[ Amended]

I 'iP~

8. In Ii 2.104(b)(1)(v). 2.104(b)(3) and

19. In i Vll(b)(7) of Appendix A to h##

2.104(C)(7). insert "subpart A of" Part 2. insert "subpart A of' Cnt 5 21 sta e Agencies shall incorporate material into an environmental immediately before "Part 51" wherever immediately before "Part 51".

impact statement by reference when the it appears.

effect will be to cut down on bulk without PART 30-RULES OF GENERAL impeding agency and public review of the 12 2 iAmended]

APPLICA81LITY TO DOMESTIC l

ection. The incorporated material shall be

7. In i 2.501(b). insert "subpart A of' LICENSING OF BYPRODUCT I

cited in the statement and its content bnelly immediately before "Part 51" wherever MATERIAL described. No material may be incorporated it s ears' by reference unless it is reasonably available to CFR Part 30 is amended as follows:

for inspection by potentially interested l 2.800 [ Amended]

persons within the time allowed for comment.

8. In i 2.600. "I 51.5(a)" is replaced by blaterial based on proprietary data which is

20. In i 30.32(f) insert "subpart A of" itulf not available for review and comment

.i 51.20(b)..

di% Mom Part 51".

shall not he incorporated by aference."

$ 2.003 (Amended)

2. Adaption.

l 30.33 [ Amended]

l 40 CFR 1506.3 statu:"(a) An agency may

9. I 2.803(b)(1) "I 51.5(a)"is replaced adopt a Federal draft or final environmental by "I 51.20(b)".

of,1. In ! 30.33(a)(5) ins,,ert "sub,,part A 2

immediately before Part 51 impact statement or portion thereof provided that the alatement or portion thereof meete 9 2.005 [ Amended]

the standards for an adequate statement

10. In i 2.805(b)(1), insert "subpart A PART 40-DOMESTIC LICENSING OF onder thsee meulations.

of"immediately before "Part 51".

SOURCE MATERIAL

"(b)If the actions covered by the a:'ginal 10 CFR Part 40 is amended as follows:

environmentalimpact statement and the

$ 2.006 [ Amended]

propoead action are substantially the same.

the agency adopting another agency e n b l W4 bert subpd A of' il 40.31 and 40.32 (Amended]

statement is not required to recirculate it immediately before *.Part 51..

22. In i 40.31(f) and i 40.32(e), insert cxcept as a final statement. Otherwise the l2.743 (Amended]

"subpart A of"immediately before "Part cdopting agency shall tmat the statement as 51".

e draft and recirculate it (except as provided

12. In l 2.743(g). the phrase "Detalled in paragraph (c) of this section].

Statement on environmental PART 50-DOMESTIC LICENSING OF

"(c) A cooperation agency may adopt considerations"is replaced by PRODUCTION AND UTILIZATION without mcirculating the environmental

" environmental impact statement", and FACILITIES impact sentement of a lead agency when after the phrase "subpart A of* is inserted an independent review of the statement, the before Part 51.

10 CFR Part 50 vaended as follows:

cooperating agency concludes that its comments and suggestions have been l2.761a [ Amended]

$ SEM [Amendet (d When an agency adopts a statement

13. In i 2.78a "I 51.5(al"is replaced l

10(c). "bl. 5(a)" is replaced which le met final within the agency that by "I 51.20(b)", and the phrase "subpart by 5 51.20(b).

preparod il, or when the action it aseenes is A of"is inserted before "Part 51"

$ 50.10 (Amended]

'the subised of a referral under part 1504. or wherever it appears.

when the statement's adequacy is the subject

24. In i 50.10(e)(1) "I 51.5(a).* is of a ludicial action which la not final, the ll (Appendia A)[ Amended]

replaced by "51.20(b)" and the phrase assacy shan so specify "

14. In i 1(a) and (d) of Appendix A to "subpart A of'is inserted before "Part Comformhg A=-l===ts Part 2. the phrase " detailed statement on 51.

environmental considerations"is i50.10 tAmended]

PART S-41ULES OF PRACTICE FOR replaced by "environmentalimpact DOMESTIC LICENSING PROCEEDINGS statement".

25. In 150.10(e)(2). "I 51.52(b) and (c),,

is replaced by

• i151.104(b) and to CFR Part 2 is amended as follows:

ll (Appendts A)[ Amended)

I 51.105".

I2.101 [ Amended)

15. In i I(c)(2) of A' ppendix A to Part 2.

l 50.10 tAmended]

2. In 12.101(a)(3), the hrese ins "su A of"immediately

." pursuant to Part 51 of a chapter, a p

28. In 150.10(e)(3)(i). "I 51.5(a)" is replaced by "I 51.20(b)".

part themof"is changed to read lV (Appendts A)(Amended]

" pursuant to subpart A of Part 51 of this I 50.30 tAmended]

chapter".

]d

27. In i Afb W subpart A of" E

of A ndix A to Part l2.101 (Amended]

environmental statement"is replaced by immediatly before "Part 51".

3. In i 1101(a)(3)(i), the phrase "in

" final environmentalimpact statement".

I50.40 [ Amended]

I#'P*"#""N#**""*dI I

• • • I ""

Pt 50 and subpart A o a 5"

17.In i V(f)(1) and (3) of Appendix A l2.101 (Amendedl to Part 2. insert "subpart A of"

"(d) Any applicable requirements of

4. In l 2.101(a)(5). "I 51.5(a)" is immediately before "Part 51" wherever subpart A of Part 51 have been replaced by "i 51.20(b)" in both places it it appears.

satisfied".

CPPears.

IVI (Appemes A)[Asmonded]

Appendix M to Part 50 [ Amended]

I8.101 [Amendsd]

18. In i VI(c)(3) of Appendix A to Part

29. In ll 3 5.(g) and 11. of Apendix M i

L la 11101(a-1). "I 51.5(a)"la

2. lasert "subpart A of"immediately to Part 50. insert "subpart A of' replaced by "I 51.2D(b)".

before "Part 51" wherever it appears.

immediately before "Part 51".

=

j r

Federal Register / V:1. 45. N:::. 43 / M:nd:y, M:rch 3,1980 / Proposed Rults 137?5 Appendis N to Part 50 [ Amended]

Executive Ofnce of the President.

accidents in the course of site specific M'oshington, D C September 2a 1975t review.nis would be consistent with the

30. In i 2 of Appendix N to Part 50 Mr. lloward Shaper recently proposed staff population density "i 51.20" is replaced by "i 51.50".

g,,,ygjy, g,go/ DEctor. U.S Nuclear guidehnes. De Commission's exclusion of Appendis N to Part 50 [ Amended]

R ulotory Commission. Washington.

Cla ne a de e ctf m DS snal sis 9d,

31.In 3 of Appendix N to Par

,.i 51.21,i,is repIaced by i 51.53,,t 50' onger be sup rted in view of the events at Dear Mr. Shapar. nank you for your letter nree Mile Is nd. Here may how1rer be a of August 13.1979 and the copies of the draft Appendix 0 to Part 50 [ Amended]

NEPA regulations prepared by the potentist for preparing generic or Commission staff. We have myiewed the programmatic EISs for Class Nine acidents.

to be supft Proposal, p. 80) We believe the lemented on a alte specific basis.

32. In i 7 of Appendix 0 to Part 50.

draft NRC regulations. His letter contains 4.(Dra "I 51.5" is replaced by "I 51.20(b)(13)".

our preluninary views. nese comments do draft of to C.F.R. 51.10(b)(2) should be not substitute for the Council'a final review of Appendix Q to Part 50 [ Amended]

the CommissioWe NEPA regulat ons hat clarified to malie EIS preparation discretionary. De Council recognizes the

33. In the latroductory paragraph and review will be made after the pubhc review risht of the Commission to prepare an in i 5. of Appendix Q to Part 50, and comment process and before final action independent environmental impact statement "i 51.5(a)" is replaced by "i 51.20(b)".

by the Commissica. in accordance with the for proposals over which it has jurisdiction procedures announced in our letter of whenever it determines that an existing Appendix Q to Part 50 [ Amended]

january 19.1979 to all agencies on this issus-statement la inadequate or whenever it in ge.;eral, we beheve the staff has done a

34. In 6 7 of Appendix Q to Part 50 determines such EIS is necessary to fulfill good job in preparing the draft NRC insert 'subpart A of immediately regulations. ne draft regulations appear to..

NEPA's koals and policies. However, we believe t e Commission should avoid bIfore "Part 51" wherever it appears.

address the ein requirements for agency unnecessary duphcanon in preparing an NEPA procedures set forth in Section impact statement where a lead agency has PART 70-DOMESTIC LICENSING OF 1507.s(b) with several exceptions noted prepared an adequate EIS concerning the SPECIAL NUCLEAR MATERIAL below.

environmentalissues involved in the 10 CFR Part 70 is amended as follows:

We continue to stress that the Council's proposal'ft Proposal, pp.17 and 60) Pending new regulations are sufficiently flexible to

5. (Dre l 70.21 [ Amendedl avoid any confhet with the Commission's further study, staff is reluctant to prepare an

35. In i 70.21(fl insert,sul part A of, troponsibihties as an independent regulatory environmentalimpact statement in cases of immediately before "Part 51*l.

agency and we reiterate the assurances made inaction, for example, when the Comminion to Chairman llendrie in Chairman Speth's denies a petition for rulemaking llowever. it j 70.23 [ Amended!

letter of June 25.1979 would appear that at least certain generic The followmg are our specific thoughts on issues, which are the subject of petitions for

36. In i 70 23(a)(7) insert "subpart A the draft regulations:

rulemaking. warrant NEPA review. In view of of" immediately before "Part 51".

1. (Draft Proposal. p.15) ne preamble to the draft proposal requiring petitioners to the draft regulations states that, pendmg submit environmental reports (p.100.10 CFR PART 110-EXPORT AND IMPORT OF further study the regulations will not 51.65)it should not be unduly burdensome for NUCLEAR FACILITIES AND implement 40 CFR 1502.14(b). which requires the Commission to atihze such a report in MATERIALS

" substantial treatment to each alternative preparing an environmental impact statement considered in detail...."His is justified in or environmental assessment. For these

37. Section 110.44(d) of 10 CFR Part part on the "premis that major adverse reasons the Council urges the Commission to 110 is revised to read as follows:

environmental impacts can normally be adhere to the definition of major federal identified using reconnaisance-level action in Section 150018 of the Council l 110.44 losuance or dental of licenses, information."

regulaticns.

We urge the Commission to adopt the

e. (Draft Pro;'osal. pp. 35. 73) Staff proposes (d)The Commission willissue an standard set forth in 40 CFR 1502.14(b) for the to categorically exclude all Commiselon import license if it determines that the treatment of alternatives.nat section of the actions relating to safeguards and physical proposed import would not be inimical Council's regulations is a restatement of security, which do not involve significant to the common defense and security or existing NEPA law, which is binding on the construction impacts. from appbcation of the co'.stitute an unreasonable risk to the Commission. Moreover, the rule of reason EIS procedures. na Council cannot endores will apply here as at other stages of the this exclusion, which is contrary to Council public health and safety and that any NEPA process The Commission will be able views dating back to 1975. We strongly cpplicable requirements of Subpart A of to fully assess alternatives without undue believe that auch substantive matters should P rt 51 of this chapter have been burden or exceulve costs.

be the subject of review in en EIS.

33tisfied.

2. (Draft Proposal p. to.12; p. 80). Pending

7. (Draft Proposal, pp. 8. 35a-36,48 and 73)

Dated at Washington. D C., this 25th day of further study, staff proposes that where

%e staff proposal excludes not only all F1bruary 19s information. which is cuential to a ressor:ed transportation approvals and actions from choice among alternatives would be costly to EIS review. but package design approvals as For the U.S Nu leer Regulatory obtain but not exorbitant, the information well. Moreover, staff proposes that imports Commission need not be obtained. We strongly disagree (p. 48) of nuclear materials and equipmr' %

Samuel ). Chilk.

with this proposal. We urge the Commission excluded from the EIS process. The onl,

)

Sectrtary of the Commission.

to adopt the standard set forth in 40 C.F.R.

review proposed by staff for transportation is A pendix B 1502.22(a), which is a restatement of existing a tangentsal analysis in connection with the P

I NEPA law. This requirement is also subject Commission's actions regardma the use of the Letters from the Council on Environmental to the rule of reason and should not impose materials and equipment by a hcense

(

Quahty, dated September 26.1979 and undue burdens on the Commission, applicant. We beheve that there are l

' October 29,19'9, contamma CEQ3

3. (Draft Proposal. p. to 13). Pending instances when the Commission's actions 1

prehrsinary views on the NRC staffs further study. staff proposes not to ccnduct regarding transportation are potentially so l

proposed reunion of 10 CFR Part 51 worst case analyses in connection with any significant. that full NEPA review ta essential.

(Enclosure A to SECY-79-473. August 6.1979) ofits licensing functions because of the

a. [ Draft Proposal, p. 37) It is unclear as submitted to the Commission for review.

" impact on the length of time and resources whether staff proposes to exclude a nuclest SECY-79-473 is available for pubhc required to complete NRC bcensing reviews".

reactor at an educational institution from the inspection and copying m the NRC Public We beheve that it is appropriate for the NEPA process. Such an excluelon would be Document Room at 171711 Street. NW.,

Commlrsion so conduct worst case analyses at odds with the intent of the Act.This W:shington. D C.

and, for star.ple, consider Class Nme provision should be clarified.

y 137s8 Federal Register / Vol. 45. No. 43 / Monday, March 3.1980 / Proposed Rules

9. (Draft Proposal, pp. 68-49. 73) The draft others, the licensing of uranium mills and low and delegate committees under the Act regulations would exclude from NEPA review level waste burial grounds. In support of this as well as the treatment of contributions decontamination and decommissioning. (p.

exclusion, the NRC staff states that when to and expenditures by delegates and

73) and reuse of facihties, such as Three Mile taking such actions States will be bound to Island, et less than full power. De Council administer certain Commission standards deleEate committees' cannot endorse such an exclusion.

and practices (p. 25). (Jnfortunately, that EFFECTIVE DATES: Comments must be Assessments should be required in order to procedure, while perhaps worthwhile, does received by April 2.1980.

determine if the proposed decontamination or not satisfy the need to assess environmental AoOREss: Address comments to Ms.

decomunissioning plan involves significant risks and choose among attematives.

Patricia Ann Flori. Assistant General c.ffects on ane environment. It appears more pursuant to the mandates of NEPA. The staff Counsel.1325 K Street N.W.,

than likely that most such actions could also suggests ' that the formal action of involve significant effects on the amendmg sn agreement,in and of itself. is Washin8 ton

• D C. 20463-cnvironment, not only without environmentalimpact.

FOR FURTHER INFORRAATION CONTACTt to. (Draft Proposal, pp. 78-73) The but... is essentia!!y ministerial"(p. 28).

Ms. Patricia Ann Flori. (202) 523-4143.

regulations proposed would hmit NEPA We would remind the NRC staff that this type SUPPLEasENTARY INFO # STATION: On review to en envtrenmental assessment for of argument was roundly telected by the September 5,1979, the Commission Commission decisions to operate reactors, courts in the early days of NEPA. NEPA looks fuel reprocessing planta, etc. at less than full beyond the mere formal execution of published an Advance Notice of power (4 tem (b)(3J). (See also p.115).

documents to the real actions involved.

Preposed Rulemaking on Contributions Similarly, aMif proposes to so hmit certain A categorical exclusion wh!ch purported to to and Expenditures by Delegates to environmental reviews even where actions delegate the Commission's NEPA National Party Nominating Conventions involve slenif cant expansion of sites, responsibilities to the Agreement States.

(44 FR 51962). The proposed rules being increases in effluente. increases in would, of couroa be unlawful. However, this published today incorporate suggi itions occapational owures. increases in exclusion is even more troublesome in that it received in response to the ANPRM as potenenal de releasee etc. (item ib)(5)). De would abrogate the NEPA prosess altogether. well se provisions required by theG proposal. weald apply if the act2on While the Commission may perhaps delegate enactment on January 8.1980, of the concerned, for example, a high level weste its regulatory functions under the Atomic 1979 Amendments to the Federal sitory. We beheve this proposalis far too Ac H ma n erde at

.r A.

Election Campaign Act of1971 (Pub. I..

The Council staff will be pleased to discuss Possibly the Commiseicvi may approach 96-187).

these comments in greater detail with NRC this problem in some other manner which Under the regulations being proposed staff and stande ready to assist in completing fulfills the requirements of NEPA while today, contributions to a delegate for the the censultanon process. lohn Shes in the achieving the benefits of Agreements under purpose of furthering that delegate's Councts General Counsel's office is the Section 274 of the Atomic Energy Act.

selection are not subject to the Council staff contact for the NRC NEPA Reexaminetion of 40 CFR I 1501.5(b) might be contribution limitations of 2 U.S.C.

regulations. Ilis telephone number is 395-usefulIn any event, we hope the Commission 441a(a)(1) and (2), but such contributions 4ej a, can devise a lawful and eflective mechanism would still count against the individud you for considering these views.

sjeds an p a d xp n contributor's aggregate contribution

, d u

I' feel that would be useful limit of $25,000 per calendar year under C. Foster Knight.

If you wish to discuss any of the issues 2 U.S.C. 441a(3). Also, contributions to a Acting Genero/ Counsel.

raised in this letter or our correspondence of delegate by the campaign committee of Executive Office of the President.

September 26.1979, please contact me;I am a presidential candidate receiving public Woshhiptan, a C. October 29. Js7g ready to assist you.

financing would count against that Mr. Iloward Shapar, Thank you for your consideration of these candidate's expenditure limitations.

Knecutin Lese /Dnector, ll.S. Nuclear views.

Expenditures by delegates from their Aggulosory Commission, Washhiston, Sincerely, personal funds to defray the costs of J kn F.Shes M.

advocating their own selection are not

Dear Mr. Shepar:

On September as. seas.

Counsel.

limited or reportable by the proposed s[ons$aEregu PR = amermd 8-** aa =l rules, in addition. expenditures by view en t for the implementation of the Mattonal delegates to defray the cost of certain 00 s fues *+ 48

.s i

i. campaign materials, such as pins, Envitoranentel Policy Act. in recent weeks we have restinued to aseees those bumper stickers, handbills, brochures, reguladone. Die letter contales additional FEDERAL ELECTION COMIAISS40N posters and yard signs, which advocate pmliminary itews which we hope well eselst the delegate's selection and also N

U the Consmise6en in promulgeting Anal NEPA Inention a presidential candidate are not procedurse. As stated in our letter of (Nottee 1900-41 limited provided the materialis used in September 2e 1979. these views do not connection with volunteer activity, substituse brilhe Councirs final review of the Contributions to and Expenditures by However, expenditures by delegates to

"$h "28" s e

NationalNominatint defray costs incurred in the use of Psine of to CFR 181.22(c)(4) would categoricaRy brosdcasting, newspapers, magartnes, exclude new speemente and amendments to AetWcy:FederalElection 'nmmission.

direct mail or similar types of general r

agreements wean States, purovent se Section ACTioet Notice of Proposed Rulemaking. Public communication or political 274 of the Atesuic hergy Act of1954. from advertising which advocate the review in environmentalimpact statememe aussesAny:The Commisalon publishes delegate's selection and which also or environamental amsomente. De Council for public comment propened rules to mention a presidential candidate may cannot endorse this ostegorical exclusion as govern the application of the Federal result in an expenditure which would be PQ8"""

Election Campaign Act of1971, as either chargeable against the I

wiB and to taste acciansiehidi,if taken by amended (2 U.S.C. 431, et segA to Presidential candidate's expenditure the Camumlesion descoy would regatre contributions to and expenditwos by limits, an in-kind contribution by the reviewla enetronmentetimpact statements.

delegates to national party nondnating delegate to the candidate, or an no Counc8 believes this le a serious matter conventions.'Ihe proposed rules set independent expenditure reportable by etace it involves activities including, among forth reporting ob5gations of delegates the delegate. Under the proposed rules,

-. _ _.,