ML20034F924

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Fr Notice Re Envirocare Petition,Requesting That NRC Amend 10CFR150
ML20034F924
Person / Time
Issue date: 02/16/1993
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
Shared Package
ML20034F919 List:
References
FRN-57FR9552, RULE-PRM-150-2 CCS, NUDOCS 9303050194
Download: ML20034F924 (5)


Text

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[7590-01]

NUCLEAR REGUI.ATORY COMMISSION 10 CFR Part 150

[ Docket No. PRM 150-2]

Envirocare of Utah, Inc.; Filing of Petition for Rulemaking AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of receipt of petition for rulemaking.

SUKMARY: The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking.

The petition, dated October 21, 1992, was filed with the Commission by Envirocare of Utah, Inc., and was assigned Docket No. PRM-150-2 on November 24, 1992.

The petitioner requests that the NRC revise its regulations to exempt those persons who generate or dispose of very low specific activity wastes contaminated with special nuclear materials that are not capable of forming a critical reaction from the current possession limits specified in its regulations.

DATES: Submit comment by (60 days after publication in the Federal Register).

Comments received after this date will be 1

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considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.

ADDRESSES: Submit comments to: Secretary, U.S.

Nuclear Regulatory Commission, Washington, DC 20555.

Attention: Docketing and Service Branch.

For a copy of the petition, write: Rules Review Section, Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT: Michael T.

Lesar, Chief, Rules Review Section, Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S.

Nuclear Regulatory Commission, Washington, DC 20555.

Telephone: 301-492-7758 or Toll Free: 1-800-368-5642.

SUPPLEMENTARY INFORMATION:

Background

Petitioner's Concern The petitioner indicates that facilities where special nuclear =aterial was previously handled and that are now 2

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contaminated with low concentrations of special nuclear material are being required to be remediated.

The petitioner states that the remediation process generates large quantities of very low specific activity waste material which may consist of both soil and debris.

The petitioner states that transport, storage, and disposal of the waste material involve large volumes of bulk waste that can exceed many times the amount of special nuclear material defined in 10 CFR 150.11 as a critical mass.

The petitioner notes that = ass concentrations of the waste material may be as low as 0.0004 percent.

However, even at very low concentrations, a bulk rail car or a large container of waste material may exceed tne 350-gram limit for U-235.

The petitioner states that the presence of higher concentrations requires shipping smaller amounts of the waste material so the 350 gram limit is not exceeded.

According to the petitioner, this requirement creates onsite storage problems and results in a bottleneck that slows the remediation process.

Recuested Amendment Therefore, the petitioner is requesting that existing regulations, which were drafted before the advent of current remediation efforts, be amended to include a further exemption for persons who generate or dispose of very low specific activity wastes containing pecial nuclear material.

The titioner requests that this category of exemption be included 3

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in 10 CFR 150.10 and any other regulations in 10 CFR Chapter I that specify possession limits.

The petitioner asserts that the existing quantity limitation on possession of special nuclear material serves the purpose of preventing the accumulation of material that could inadvertently or through purposeful actions be sufficient to cause critical reaction.

The petitioner believes that in the case of waste material containing diffuse special nuclear material that is destined for disposal, no accidental or purposeful act could cause a critical reaction.

Other Considerations Under current NRC regulations, possession of special nuclear materials in amounts at or exceeding that defined in 10 CFR 150.11 as a critical mass is regulated by the NRC.

Thus, licensees in Agreement States who desire to possess special nuclear material in quantities of a critical mass, or greater, need an NRC license (in addition to any Agreement State license for possession of byproduct or source material not exceeding the stated limitations).

By granting this petition, the material in question would be regulated by the Agreement States alone.

The NRC is interested in receiving comments concerning the various approaches that might be used to exempt from NRC regulations those licensing materials containing very small i

amounts of specified nuclear material, but still greater than a critical mass as defined in 10 CFR 150.11, such as concentration j

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i or quantity limits.

The NRC is also interested in knowing if there is a need for any additional controls on material of this j

type.

Dated at Rockville, Maryland, this day of February, 1993.

For the Nuclear Regulatory Commission.

i Samuel J.

Chilk, Secretary of the Commission.

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4 CONGRESSIONAL CORRESPONDENCE SYSTEX DOCUMENT PREPARATICE CIECKLIST This checklist is

- be submitted with each document (or group of Cs/As) sent for e ing into the CCS.

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BRIEF DEsCRIPTICE OF DOCUMENT (S) 2.

TTPE or-A Correspondesse.

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DoCUxtwT CcNTacL rensitive (NRC only)

Non-samaitive 4.

CONGRESSIONAL COXXITTEE and SUICOMMITTEES (if applicable)

Congressional Committae Subcommittee i

5.

SUBJECT CCDES (a)

(b)

(c) 5.

SOURCE OF DOCUMENTS (a) 5820 (document name (b)

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(c)

At'tachasate (4)

Katey-(e)

Other 7.

SYSTEX 144 DATES

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Date OCE seat docussat to CCS (a)

(b)

Date CCS. receives = docussat 1

I (c)

Data returned to OCA for additional information (d)

Date resubmitted by-0CA to CCS

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(e)

Data entered into CCS by (f)

Date OCA notified that document is in CCS s.

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