ML19341D553
| ML19341D553 | |
| Person / Time | |
|---|---|
| Issue date: | 02/19/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19341D554 | List: |
| References | |
| RULE-PRM-40-23 NUDOCS 8103050821 | |
| Download: ML19341D553 (3) | |
Text
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NUCLEAR REGULATORY C0!! MISSION k
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10 CFP, Part 40 6
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Filing of Petition for Rulemaking gi "4 8 hh 0
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AGENCY:
Nuclear Regulatory Commission.
ACTION:
Publication of Petition for Rulemaking from Sierra Club.
SUMMARY
- The Nuclear Regulato-Cr,mmission is publishing for public comment a petition for rulemaking filed before the Commission on December 5,1980, by the Sierra Club. The petition, which has been assigned Docket No. PRM-40-23, recuests that the Commission amend its regulation,10 CFR Part 40, to license the possessicn of uranium mill tailings at inactive storage sites.
DATE: Comment perio'd expires April 27, 1981.
}l ADDRESSES:
A copy of the petition for rulemaking is available for public inspection in the Commission's Public Document Room,1717 H Street, NW.,
i' Washington, DC. A copy of the petition may be obtained by writing to the i
Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC, 20555.
All persons who desire tc submit written comments concerning the petition for rulemaking should send tneir comments to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC, 20555, Attention:
Docketing t
and Service Branch.
FOR FURTHER INFORfiATION CONTACT:
J. M. Felton, Director, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, i
Washington, DC, 20555, Telephone:
301 492-7211.
B103050
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. SUPPLUtENTARY INFORMATION:
The petitioner states that "...the Commission violated section 81 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 52111, in that it exempted...[ uranium mill tailings and inactive storage sites]...
.from licensing as byproduct material without making the express finding required by section 81 that such exemption will not constitute an unreasonable risk...
to the health and safety of the public."
Also, the petitioner states that v
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...such classes or sites of byproduct materials do imperil public health and safety and, accordingly, that no exemption therefor can be justified under the Atomic Energy Act. "
U The petitioner requests that the Commission grant relief as follows:
"(1) The Commission should repeal the purported licensing exemption for the
'i nacti v e' uranium mill tailings sites which are subject to the remedial program of the Department of Energy under the Urar.ium 'iill Tailings Radiation Control Act of 1978, Pub. L.95-604.
This exemption is set forth in the amendments to 10 CFR 40 promulgated by the Commission in J5 Fed. Reg. 65521
- i (October 3, 1980). This repeal could be accomplished by (a) deleting the last sentence of section 40.l(a) of such regulations; (b) deleting subparagraph (a) i of section 40.21; and (c) revising subparagraph (b) of section 40.2a to provide that the Commission will require a license for possession of byproduct material l
that is. located at a site where milling operations are no longer active.
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"( 2 ) The Commission should further amend section a0.2a of such regulations to provide that the Commission will require a license for possession of byproduct material located on any other real property or improvement thereon which is in the vicinity of the ' inactive' mill tailings sites referred to in (1) above, where such byproduct materials on these vicinity croperties have l
been derived from such sites."
"(3) Alternatively, the Commission should conduct a rulemaking to determine whether a licensing exemption of such sius or classes of byproduct material, referred to above, will ' constitute an unreasonable risk to the health and sa fety of the publi c. '"
((T(C. day ofI^d Mg 1981.
r Dated at Washington, DC this Fbr the Nuclear Regulatory Commission
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Samuel J. Chilk\\
Secretary of thd Commissicn i
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