ML20044D863

Request for OMB Review & Supporting Statement Re 10CFR72 - Licensing Requirements for Independent Storage of Spent Nuclear Fuel & High-Level Radwaste. Estimated Respondent Burden Is 15,383 H

ML20044D863
Person / Time
Issue date:	05/12/1993
From:	Crawford G NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
OMB-3150-0132, OMB-3150-132, NUDOCS 9305210037
Download: ML20044D863 (40)

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~Pd';T lli.-Comptcte Triis Part Gnly if tne Request is fer Ap;;roval of a CcHection eiinic matien Under the Paperwork Recettien Act and 5 CFR 1320.

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The proposed rule would add definitive emergenc.y planning licensing requirements for Independent Sper' Fuel Storage Facility Installations (ISFSI) and Mc_atored Retrievable Storage facilities (MRS) to 10 CFR Part 72.

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OMB SUPPORTING STATEMENT t

FOR PROPOSED AMENDMENTS TO 10 CFR PART 72

" EMERGENCY PLANNING LICENSING REQUIREMENTS FOR INDEPENDENT SPENT FUEL STORAGE FACILITIES (ISFSI) AND MONITORED RETRIEVABLE STORAGE FACILITIES (MRS)"

OMB APPROVAL NO. 3150-0132 Description of the Information Collection Under its mandate to protect the public health and safety, the Commission is requesting information from licensees authorized to possess certain large J

quantities of radioactive material. The proposed amendments to 10 CFR Part 72 contain the Emergency Planning Licensing requirements for Independent Spent Fuel Storage Facilities (ISFSI) and Monitored Retrievable Storage Facilities (MRS).

Section 72.32 (a) requires an applicant for an ISFSI license to submit an emergency plan for responding to a release of radioactive materials.

i Section 72.32 fa)(12) requires an ISFSI licensee to conduct independent critiques of emergency planning exercises.

i Section 72.32 (a) (8) requires ISFSI licensees to promptly notify the States l

and the NRC of any emergency.

i Section 72.32 (b) requires an applicant for an MRS license to submit an I

emergency plan for responding to a release of radioactive materials.

Section 72.32 (b) (12) requires an MRS licensee to conduct independent I

critiques of emergency planning exercises.

Section 72.32 (b)(8) requires MRS licensees to promptly notify the States and the NRC of any emergency.

A.

JUSTIFICATICN l

I.

Need for the Collection of Information The NRC wants to assure that a licensee's response to a significant accidental release of radioactive materials will be adequate to protect public health and i

safety. This can best be done if the licensee has planned to respond to

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identified types of accidents. The emergency plan submitted to NRC would allow NRC to determine that planning is adequate.

Independent critiques of

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the emergency planning exercises are necessary in order to provide an unbiased l

evaluation of the licensees response capability. Additionally, the prompt i

notification of the states and the NRC of any emergency is required in order i

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to enable them to implement the necessary protective actions for the public health and safety in the event of an emergency.

2.

Acency Use of the Information I

h A Part 72 licensee authorized to store spent fuel in an ISFSI or an MRS l

submits the emergency planning information to the Director, Office of Nuclear i

Material Safety and Safeguard, USNRC Washington, DC 20555. The NRC staff will review and approve or reject the emergency plan and place it in the appropriate docket file to document that the licensee has submitted the required information. The NRC staff will determine if the information i

provides emergency plans that are adequate for the protection'of the public.

i health and safety. Licensees required to submit emergency plans must follow l

and maintain in effect emergency plans approved by the Commission.

Inspectors from NRC Regional Offices will use the information to determine whether the l

licensees comply with the regulations.

3.

Reduction of Burden throuah Information Technoloov There are no legal obstacles to reducing the burden associated with this.

information collection.

Licensees are encouraged to collect, analyze and i

a store information using modern state-of-the-art information technologies.

4.

Effort to Identify Duolication i

Information Requirements Control Automated System (IRCAS) was searched to determine duplication. None was found.

In general, information required by NRC in applications, reports, or records concerning emergency planning does not duplicate other Federal information collection requirements.

5.

Effort to Use Similar Information Similar emergency planning information which may be contained in an applicant's Safety Analysis Report is too general for the NRC to adequately l

assess the licensees capability for the taking of protective actions for the public health and safety in the event of an emergency.

In addition, the i

emergency plans must be sufficiently detailed in order to enable' the NRC,

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licensees and offsite response organizations to effectively implement protective actions in the event of an emergency.

t 6.

Effort to Reduce Small Business Burden The NRC has determined that there are no affected small entities or businesses 1

as these terms are used in the Regulatory Flexibility Act.

l 7.

Consecuences of Less Frecuent Collection j

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i Submittal of an emergency plan is a one-time only requirement prior to receiving a license to store spent fuel in an ISFSI or an MRS.

Licensees may make changes to the approved plans without Commission approval if such changes do not decrease the effectiveness of the plans.

The current regulation in 10 CFR 72.44(f) requires that licensees submit a report of these changes within 6 months. Any less frequent report of these changes would not assure i

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the NRC of having the most current emergency plan in the event of an emergency.

8.

Circumstances Which Jastify Variation From OMB Guidelines The emergency plans and State comments required by Sections 72.32 (a), 72.32 (a) (14), 72.32 (b) and 72.32 (b) (14) must be retained for more than three years (for the duration of the licensee) because they are used by the licensee i

t in order to protect the health and safety of the public in the event of a radiological emergency. Additionally, they are evaluated and reviewed by NRC inspections in order to ensure the adequacy of the licensee's emeroency planning program as well as the licensee's compliance with hkC regulations.

9.

Consultations Outside the NRC A Copy of the draft proposed rule was sent to the Federal Emergency Management Administration (FEMA), the Office of the Nuclear Waste Negotiator, and was discussed with State Radiological Protection Officers. No other persons outside the NRC were specifically contacted to obtain their views on the availability of data, frequency of collection, the clarity of instructions, recordkeeping, disclosure, reporting format, and on the data elements to be recorded, disclosed, and reported.

The proposed rule will be published in the Federal Register Notice for a 75 day public comment period which will provide NRC with the opportunity to get views from the industry, the public and other countries.

10.

Confidentiality of Information NRC provides no pledge of confidentiality for this collection of information.

11.

Justification for Sensitive Ouestion No questions of a sensitive (personal) nature are asked.

12.

Estimated Annualized Cost to the Federal Government The burden hours for the NRC to review and inspect emergency plans are estimated to be approximately 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> annually per facility. The total annual cost is estimated to be $4920 (40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> x $123, the estimated hourly rate for NRC staff effort).

13.

Reason for Chance in Burden The burden estimate has been increased because definitive emergency planning licensing requirements for an ISFSI and an MRS are being added to 10 CFR Part 72. The total annual burden on respondents is estimated to be 785.11 hours1.273148e-4 days <br />0.00306 hours <br />1.818783e-5 weeks <br />4.1855e-6 months <br />. Approximately 625.11 hours1.273148e-4 days <br />0.00306 hours <br />1.818783e-5 weeks <br />4.1855e-6 months <br /> of the burden are attributable to reporting requirements and approximately 160 hours0.00185 days <br />0.0444 hours <br />2.645503e-4 weeks <br />6.088e-5 months <br /> are due to recordkeeping requirements. The reporting and recordkeeping requirements are itemized in Tables 1 and 2.

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Publication for Statistical Use The Information will not be published for statistical use.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in the collection of this information.

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Table 1.

Estimate of Reportina Burden

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1. of ResDonses Burden hrs Total Annual Estimated Cost Reportino Reauirements Annually per response Burden hrs.

(X $123.)

S 72.32(a)(1)-(16) Emergency Plan for ISFSI 1

400 400

$49,200 5 72.32(a)(8) Prompt Notification of Accidents (ISFSI)

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$12.

i 9 72.32(b)(1)-(16) Emergency Plan for MRS

.25 900 225

$27,675 5 72.32(b)(8) Prompt Notification of Accidents (MRS)

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$1 Total Annual Total Reporting Responses:

1.36 Burden:

625.11

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Table 2.

Estimate of Recordkeepina Burden z

Record Annual Burden Total Total retention Recordkeepina

1. of Hrs. Der Record annual estimated Return Reouirements Recordkeepers Keeper burden hrs.

Cost (x $123.)

Period 72.32(a). Updated copy of emergency Duration of Plan (ISFSI) 1 40 40

$4920 License 72.32(a)(12)

Independent Critique

- of Exercise Scenario 1

40 40

$4920 Duration of (ISFSI)

License 72.32-(b) Updated copy of Emergency Duration of Plan (MRS) 1 40 40

$4920 License 72.32.(b)(12) Independent Critique of Exercise Duration of Scenario (MRS).

1 40 40

$4920 License Total Recordkeeping Burden:

160

$19680 Total Reporting and Recordkeeping Burden:

785.11 hrs

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NUCLEAR REGULATORY COMMISSION 1

10 CFR Part 72 I

t RIN 3150-AE17 I

Emergency Planning Licensing Requirements i

for Independent Spent Fuel

.i Storage facilities (ISFSI) and Monitored-Retrievable Storage Facilities (MRS) l

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AGENCY:

Nuclear Regulatory Commission.

i ACTION:

Proposed rule.

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SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its

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regulations to provide, as directed by the Nuclear Waste Policy Act of 1982, for the emergency planning licensing requirements for Independent Spent Fuel j

i Storage Facilities (ISFSI) and Monitored Retrievable Storage Facilities (MRS).

The proposed _ amendments are necessary to ensure that local authorities will be notified in the event of an accident so that they may take appropriate action.

The proposed rule is intended to provide a level of preparedness at these

' facilities that is' consistent with NRC's' defense-in-depth philospophy.

!l DATES: Submit comments by (75 days after publication). Comments

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received after this date will be considered if it is practical to do so, but i

I the Commission is able to assure consideration only for comments received on or before this date.

I ADDRESSES: Mail written comments to Secretary, U.S. Nuclear 7

l Regulatory Commission, Washington, DC 20555, ATTN: Docketing and Service Branch. Deliver comments to One White Flint North,11555 Rockville Pike,

.l Rockville, MD. between 7:30 a.m. and 4:15 p.m. weekdays.

Copies of the i

environmental assessment and findings of no significant environmental impact, and comments received on the proposed rule are available for inspection and copying for a fee at the NRC Public Document Room, 2120 L Street,.H.W.,

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Washington, D.C., Lower Level.

j FOR FURTHER INFORMATION CONTACT: Michael T. Jamgochian, Office of Nuclear

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Regulatory Research, Washington, D.C. 20555, Telephone (301) 492-3918.

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Background

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I SUPPLEMENTARY INFORMATION: On May 27, 1986 (51 FR 19106), following i

Commission approval, the proposed revision to 10 CFR Part 72 relating to licensing requirements for Independent Spent fuel Storage Facilities (ISFSI) and Monitored Retrievable Storage Facilities (MRS), including requirements fe emergency planning, was published in the Federal Register for comment.

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On November 30,1988 (53 FR 31651), the Commission published the final j

i rule outlining the licensing requirements for ISFSI and MRS but reserved the j

emergency planning licensing requirements for a later date. This rulemaking f

package provides these requirements.

f Dissussion In the Federal Register Notice (S3 FR 31651) dated November 30, 1988, which published the final regulations outlining the l

licensing requirements for ISFSI and MRS, the Commission responded to several comments relating to emergency planning by stating that:

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"The basic concept of emergency planning in 5 72.32 (5 72.19) has not been changed. None of the respondents provided any additional information to the staff or questioned the staff analyses i

such as to change the basis for the staff's approach to emergency-l 1

planning for an ISFSI or an MRS. Moreover, in view of the relatively l

I passive nature of facilities for the receipt, handling, and storage of j

spent fuel and high-level radioactive waste, as compared to operating y

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power reactors, emergency plans for ISFSI and MRS need not be equivalent i

to emergency plans for reactors.

l Since the proposed revision of Part 72 was published for-comment on May 27, 1986, the NRC has published proposed amendments to 10 CFR Parts 30, j

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f 40, and 70' which would require certain NRC fuel cycle and other radioactive materials licensees that engage in activities that may have j

'I the potential for a significant accidental release of HRC licensed i

materials to establish and maintain approved emergency plans for l

responding to such accidents. Although applicable to persons licensed j

i under different parts of the Commission's regulations, the proposed i

4 requirements for emergency plans in Parts 30, 40, and 70 contain similar i

i provisions because they are designed to protect the public against I

similar radiological hazards. The proposed revision of Part 72 as published for comment also requires applicants for an ISFSI and MRS i

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license to submit an emergency plan (see 9 72.32). Although the texts

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i of proposed 5 72.32 and the parallel provisions of the proposed Emergency Preparedness rule are not identical, these provisions have the l

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same purpose and use the same approach.

In both cases, the proposed i

regulations require onsite emergency planning with provisions for j

offsite emergency response in terms of coordination and communication

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j with offsite authorities and the public.

It is therefore appropriate-l

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e that in both cases these requirements should be expressed in the same l

way.

l Until the Commission promulgates the Emergency Preparedness rule in final form, it is not possible to ascertain exactly the language that

.j should be used.

In view of these circumstances and since there is every expectation that this period of ' uncertainty will be of relatively short.

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• Proposed rule on Emergercy Preparedness for Fuel Cycle and Other Radioactive Material l

Licensees, 52 FR 12921, April 20, 1987

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duration, we believe the prudent course of action is to reserve S 72.32 f

(S 72.19), Emergency plan, in the final rule with the understanding that j

the text of this section will be promulgated in final form as a l

conforming amendment when the Commission adopts and promulgates the j

final Emergency Preparedness rule or shortly thereafter."

l 1

On April 7, 1989 (54 FR 14051), the Commission published in the Federal Register the final reaulations relating to Emergency Preparedness for Fuel Cycle and Other Radioactive Material Licensees (10 CFR Part 70). The requirements for Part 70 licensees state that:

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"S 70.22 (i) (3)

Emergency Plans submitted under Paragraph (i) (1) (ii) of this section must include the

! allowing information:

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Facility description. A brief description of the l

1 licensee's facility and area near the site.

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(ii) Types of accidents. An identification of each type of radioactive materials accident for which protective actions may be needed.

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I (iii) Classification of accidents. A classification system j

for classifying accidents as alerts or site area emergencies.

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(iv) Detection of accidents.

Identification of the means of detecting each type of accident in a timely manner.

(v) Mitigation of consequences. A brief description of the means and equipment for mitigating the consequences of each type of accident, including those provided to -

protect workers onsite, and a description of the program for maintaining the equipment.

t (vi) Assessment of releases. A brief description of the f

methods and equipment to assess releases of radioactive j

materials.

(vii)

Responsibilities. A brief description of the l

l responsibilities of licensee personnel should an l

accident occur, including identification of personnel j

responsible for promptly notifying offsite response organizations and the NRC; also responsibilities for l

l developing, maintaining, and updating the plan.

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(viii)

Notification and coordination. A commitment to and a brief description of the means to promptly notify offsite response organizations and request offsite I

assistance, including medical assistance for the treatment of contaminated injured onsite workers when 6

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t appropriate. A control point must be established. The notification and coordination must be planned so that l

j unavailability of some personnel, parts of the facility, and some equipment will not prevent the notification and coordination. The i

d licensee shall also commit to notify the NRC operations center immediately after notification of the appropriate offsite response i

i organization and not later than one hour after the licensee t

declares an emergency.*

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(ix)

Information to be communicated. A brief description of the types f

j of information on facility status, radioactive releases, and i

l recommended protective actions, if necessary, to be given to I

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offsite response organizations and to the NRC.

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(x)

Training. A orief description of the frequency, performance j

9 objectives and plans for the training that the licensee will l

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provide workers on how to respond to an emergency including any I

2 special instructions and orientation tours the licensee would j

offer to fire, police, medical and other emergency personnel.

The l

training shall familiarize personnel with site-specific emergency l

procedures. Also, the training shall thoroughly prepare site

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personnel for their responsibilities in the event of accident i

scenarios postulated as most probable for the specific site, l

t including the use of team training for such scenarios.

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• These reporting requirements do not supersede or release licensees of con 1 plying with the requirements under the Emergency Planning and Comnunity Right-to-Know Act of 1986, Title III, Pub. L.99-499 or other l

State or federal reporting requirements.

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(xi) Safe shutdown. A brief description of the means of restoring the facility to a safe condition after an accident.

(xii)

Exercises.

Provision for conducting quarterly communications checks with offsite response organizations and biennial onsite exercises to test response to simulated emergencies. Quarterly communications checks with offsite response organizations must include the check and update of all necessary telephone numbers. The licensee shall invite offsite response organizations to participate in the biennial exercises.

Participation of offsite response organizations in biennial exercises although recommended is not required.

Exercises must use accident scenarios postulated as most probable for_the specific site and the scenarios shall not be known to most exercise participants. The licensee shall critique each exercise using individuals not having direct implementation responsibility for the plan. Critiques of exercises must evaluate the appropriateness of the plan, emergency procedures, facilities, equipment, training of personnel, and overall effectiveness of the response. Deficiencies found by the critiques must be corrected.

(xiii)

Hazardous chemicals. A certification that the applicant has met-its responsibilities under the Emergency Planning and Community _

Right-to-Know Act of 1985, Title III, Public Law 99-499, if applicable to the applicant's activities at the proposed place of use of the special nuclear material.

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(4)

The licensee shall allow the offsite response organizations i

expected to respond in case of an accident 60 days to comment on the licensee's emergency plan before submitting it to NRC. The licensee shall provide any comments received within the 60 days to the NRC with the emergency plan."

I Proposed emergency planning regulations for Part 72 licensees were i

published on May 27 1986 (51 FR 19106), proposing to require the following:

1 "5 72.19 Emergency Plan i

An application to store spent fuel in an ISFSI or to store spent fuel and j

e high-level radioactive waste in an MRS must include plans for coping with emergencies.

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(a)

An emergency plan must include the following:

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(1)

A brief description of the licensee's facility, i

site, and area near the site; 1

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Identification of each type of accident for which an-l i

emergency response may be needed; (3)

Identification of methods for the detection of approaching f

an accident condition; i

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(4)

A brief description of methods and equipment.for mitigating the consequences of accidents, including those provided to protect workers onsite against radiation hazards, and a description of the program for maintaining the equipment; i

(5)

A brief description of the methods and equipment to measure and assess accidental releases of radioactive materials;

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i (6)

A brief description of the responsibilities of licensee personnel should an accident occur, including identification l

t of personnel responsible for promptly notifying offsite response organizations and the NRC; i

(7)

A brief description of the methods for promptly notifying

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offsite response organizations and requesting assistance, f

i including medical assistance; j

t (8)

A brief description of the type, of information on facility l

status, radioactive releases, and recommended actions, as I

i appropriate to be given to offsite response organizations j

and to the NRC; (9)

A brief description of any special instructions and f

I orientation tours the licensee would offer to fire, police, j

i medical, and other emergency response personnel; j

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i (10) A brief description of the means of restoring the facility to a safe condition after an accident; and (11) Provisions for conducting onsite quarterly communications

.i checks and biennial drills and for identifying and correcting deficiencies in the plan.

f (b)

The licensee shall allow the offsite response organizations expected to respond in case of emergency 60 days to comment on the i

licensee's emergency plan before submitting the plan to NRC for approval. The licensee shall provide any comments that have been received within the 60 days to the NRC with the emergency plan.

i i

l (c)

For an ISFSI that is located on the site of a nuclear power j

reactor licensed for operation by the Commission, the emergency I

plan required by 10 CFR 50.47 shall be deemed to satisfy the j

t requirements of this section."

i i

After reviewing the proposed emergency planning requirements for Part'72 t

}

licensees and comparing them to the final emergency planning requirements for I

i Part 70 licensees published in the Federal Register on April 7, 1989 (54 FR 14051), the Commission has determined that they contain similar provisions because they are designed to protect the public against similar radiological l

hazards. The Commission finds that, even though these provisions are not j

t entirely identical, they have the same purpose and use the same approach.

In l

both cases, they require onsite emergency planning with provisions for offsite e

l 1

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l l

emergency response in terms of coordination and communication with offsite I

l authorities and the public.

J l

1 l

As a result of the above evaluation, the Commission is proposing that J

l the emergency planning licensing requirements for Part 72 licensees be similar to those requirements already codified in 10 CFR 70.22 for other Part 70 l

licensees. Nonetheless, the Commission wishes to establish unique provisions in the emergency planning requirements for ISFSI facilities versus MRS i

l facilities. The Commission anticipates a potential need for enhanced r

emergency planning requirements appropriate to the entire range of operations l

l which may be conducted at an MRS facility. The Commission acknowledges that, i

i to date, accidents that have been postulated and analyzed for either an ISFSI l

r l

or MRS would result in similar offsite doses. The analysis of potential j

2 i

i onsite and offsite consequences of accidental releases associated with the l

l operation of an ISFSI is contained in NUREG-1140. This evaluation shows that the maximum dose to a member of the public offsite due to an accidental i

release of radioactive materials would not exceed 1 rem effective dose 1

'l 1

equivalent which is within the EPA Protective Action Guides or an intake of 2 l

d i

l milligrams of soluble uranium (due to chemical toxicity).

l I

I

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Thus the consequences of worst-case accidents involving an ISFSI located j

t i

on a reactor site would be inconsequential when compared to those involving the reactor itself. Therefore, current reactor emergency plans cover all at-

)

l reactor ISFSI's.

An ISFSI that is to be licensed for a stand-alone operation 1

will need an emergency plan established in accordance with the proposed f

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requirement in this rulemaking. NUREG-1140 concluded that the postulated l

1 i

12 I

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worst-case accident involving an ISFSI has insignificant consequences to the public health and safety. Therefore, the proposed requirements to be imposed i

on ISFSI licensees reflect this fact, and do not mandate formal offsite i

components to their onsite emergency plans.

3 i

Similarly, the Commission has conducted an analysis of potential onsite i

and offsite consequences of accidental releases associated with the operation

?

of an MRS.

The analysis.is contained in NUREG-1092.

This evaluation shows i

that the maximum dose to a member of the public offsite due to an accidental release of radioactive materials would likely not exceed I rem effective dose equivalent which is within the EPA Protective Action Guides or an intake of 2 l

milligrams of soluble uranium (due to chemical toxicity). Nonetheless, the i

j Commission believes it appropriate to require enhanced offsite emergency 4

[

planning at an MRS because of the broader scope of activities which could be l

performed at such a facility.

In addition to the handling and repackaging for j

storage of large numbers of individual fuel bundles (15,000 Metric Tons Heavy 1

Metal (MTHM)) which involves the receipt, inspection, and transfer of several thousand transport casks, MRS operations may also encompass the consolidation

(

of the stored fuel into casks for subsequent geological disposal after interim l

storage. At this time a final MRS design has not been selected. The MRS may be a large industrial facility equipped to handle the loading, unloading, and

]

decontaminating a large number of spent fuel shipping containers arriving by l

L l

l both truck and rail.

It could also include facilities to disassemble the fuel i

bundles

.d consolidate that fuel intt special' storage / transport containers, and facilities to handle solidified high-level waste. Such facilities would require the equipment necessary to treat-low-and high-level waste generated by I

i 13 i

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1 o a

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I I

the above operations.

It is also possible, however, for an MRS facility to l

3

. f' serve primarily as a warehouse operation, limited solely to accepting, storing and later tran-shipping a large number of universal container systems (UCS) of f

the type proposed by Virginia Power. Given the uncertainties in the design and j

operation of the MRS, (no formal application exists) the Commission believes i

i it prudent to raise the level of emergency planning to include some offsite F

i preparedness should operation of an MRS present accident risks in excess of i

those analyzed in NUREGs 1140 and 1092.

Because the level of threat to the

{

public health and safety from the MRS may exceed that from an ISFSI the i

1 I

emergency planning requirements for the MRS include an offsite component, codified within that section of the proposed rule.

1 l

To achieve this goal, the proposed MRS emergency plan requirements are modeled after 10 CFR 50.47(d). The intent of this section was to mandate a l

minimum level of offsite response capability during initial reactor licensing l

and low power operations. This same minimum level of response is considered appropriate to MRS operations.

l i

Because much of the language needed to achieve this level of offsite

- i f

i protection has already been codified in 10 CFR Part 50, similar language is l

t included within the proposed emergency plan requirements for an MRS, [10 CFR t

72.32(b)(15)(1-vi)].

i 6

i The Commission notes that for both types of facilities this rulemaking f

f is not required in order to provide adequate safety and may not be justified l

based solely on a comparison of the costs of implementing these regulations to l

I i

14 l

j t

h the increase in public health and safety.

Rather, the Commission believes f

that it is justified in terms of safety enhancement such as the intangible I

benefit of being able to assure the public that local authorities will be notified in the event of an accident so that they may take appropriate actions. The NRC feels that such preparedness is prudent and consistent with the NRC's philcsephy of defense-in-depth.

i

\\

Nonetheless, the Commission wishes to note that because the full _ nature and extent of operations and processes that will be conducted at an MRS are

.l l

yet undefined, the public is requested to comment as to whether an offsite component to emergency preparedness at an MRS is reasonable, appropriate or premature a t -is time.

It is the Commission's intention that the enclnsed proposed Part 72 Emergency Planning requirements supersede the proposed Emergency Planning requirements published on May 27, 1986, (51 FR 19106); therefore, the 1986 proposed amendments are hereby withdrawn.

Submission of Comments on Electronic Format i

Commenters are encouraged to submit, in addition to the original paper copy, a copy of the comment letter in electronic format on 5.25 or 3.5 inch computer diskette; IBM PC/ DOS or_MS/ DOS format. Data files should be provided in Wordperfect format. or unformatted ASCI: code. The format and version should j

be identified on the diskette external label.

f 15 i

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Finding of No Significant Environmental Impact: Availability

{y The Commission has detarmined under the National Environmental Policy Act of 1969, as amended, the Commission's regulations in Subpart A of 10 CFR

{

Part 51, that this rule, if adopted, would not be a major Federal action l

4 significantly affecting the quality of the human environment; and therefore, an environmental impact statement is not required. The rule would not affect i

the probability or the size of accidental radioactive releases.

It might in some cases reduce the doses people near the facility site-could receive. The i

environmental assessment and finding of no significant impact on which this i

determination is based are available for inspection at the NRC Public Document j

?

l Room, 2120 L Street, N.W., Washington, D.C. lower level.

The environmental l

I assessment and finding of no significant impact are contained in Section 4.3 l

of NUREG-ll40, "A Regulatory Analysis on Emergency Preparedness for Fuel Cycle l

and Other Radioactive Material Licensees." Single copies are available j

i j

without charge upon written request from NRC Distribution Section, Office of j

b' l

Administration USNRC, Washington, DC 20555.

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1 I'

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Paperwork Reduction Act Statement i

This proposed rule amends information collection requirements that are

-l I

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subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and.

l approval of the paperwork requirements.

j Public reporting burden for this collection of information is estimated 1

to average 625 hours0.00723 days <br />0.174 hours <br />0.00103 weeks <br />2.378125e-4 months <br /> per response, including the time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send j

l comments regarding this_ burden estimate or any other aspect of this collection of information, including suggestions for further reducing reporting burden, to the Information and Records Management Branch (MNBB-7714), U.S. Nuclear Regulatory Commission, Washington D.C. 20555; and to the Desk Officer, Office f

of Information and Regulatory Affairs, NE0B-3019, '(3150-0132), Office of s

Management and Budget, Washington, D.C. 20503.

l Regulatory Analysis The Commission has prepared a regulatory analysis on this proposed l

1 regulation.

The analysis examines the accident scenarios considered by the

{

Commission as well as the costs and benefits of actions considered. The analysic is available for inspection _ in the NRC Public Document Room, 2120 L Street, N.W., Washington, DC. Single copies of the analysis may be obtained i

1 -

l 17 l

l without charge upon written request from:

Distribution Section,' 0ffice of i

Administration, USNRC, Washington, DC 20555.

(

4 Regulatory Flexibility Certification j

=i As required by the Regulatory Flexibility Act of 1980, (5 U.S.C. 6059b),

the Commission certifies that.this rule, if adopted, wil' not have a

{

significant economic impact upon a substantial number of small entities.

f f

The proposed rule would require the development and implementation of f

emergency plans by licensees who are authorized to possess significant amounts I

of radioactive material. These companies do not fall within the definition of

'l a small business found in the Small Business Act,15 U.S.C. 632, or within the i

small business size standards set forth in 13 CFR Part 121.

The proposed rule.

f will affect three (3) licensees. Two licensees hold Part 50 licenses and are l

required to comply with the provisions respecting emergency plans set out in

}

Part 50.

)

I Thus, the proposed rule would not impose a.significant economic impact on a substantial number of small entities, as defined in the Regulatory t

Flexibility Act of 1980.

I l

Any small entity affected by this regulation which determines that, i

because of its size, it is likely to bear a disproportionate adverse economic 1

impact, should notify the Commission of this in a comment that indicates the following:

]

-l 18 f

l

-s (a)

The small entity's size in terms of annual income or revenue and number of employees;

.j i

i I

(b)

How the proposed regulation would result in a significant economic l

~

i burden upon the small entity as compared to that on a larger j

entity; (c)

How the proposed regulations could be modified to take into j

i account the entity's differing needs or capabilities.

The comments should be sent to the Secretary of the Commission, U.S.

Nuclear Reculatory Commission, Washington, DC 20555, ATTN: Docketing and l

1 Service Branch.

a 2

i i

Backfit Analysis

)

t I

The NRC has determined that the backfit rule, 10 CFR 50.109,'does not

{

apply to this proposed rule, and' thus, a backfit analysis is not required for f

this proposed rule, because these amendments do not involve any provisions which would impose backfits as defined in 5 50.109 (a)(1).

i List of Subjects in 10 CFR Part 72 I

i Manpower training programs Nuclear materials, Occupational safety and j

health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

i 19

.I i

l i

1 i

.. ~

i For the reason presented in the preamble and under the authority of the i

Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974',

j as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following

~

amendments to 10 CFR Part 72.

I i

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4 5

5

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j PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE 1.

The authority citation for Part 72 is revised to read as follows:

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184,- #

186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092,-

2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat.1242, as alnended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131,.132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L f

100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10157, 10161, l

10168).

l i

I Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L.

i i

100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162 (b), 10168 (c), (d)).

i Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec.

f 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).

Section 72.96(d) also _

.{

issued under sec. 145(g), Pub. L. 100-203; 101 Stat. 1330-235 (42 U.S.C.

10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),

141(h), Pub. L.97-425,' 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C.

10101,10137(a), '10161(h), Subparts. K a*1d L are also issued under sec.133, 96 Stat. 2230 (42 U.S.C. 10153) and'218(a), 96 Stat. 2252 (42 U.S.C. 10198).

21 t

2.

In 5 72.32 paragraphs (a) and (b) are added to read as follows:

5 72.32 Emergency Plan, (a)

Each application for an ISFSI (that is not located on the site of.

a nuclear power reactor or that is located on the site of nuclear power reactor which does not have an operating license) that is licensed under this part must be accompanied by an Emergency Plan that includes the following information:

(1)

Facility description. A brief description of the licensee's facility and area near the site.

1 (2)

Types of accidents. An identification of each type of radioactive

.)

materials accident for which protective actions may be needed.

(3)

Classification of accidents. A classification system for classifying accidents up to an alert.

(4)

Detection of accidents.

Identification of the means of detecting an accident condition.

(5)

Mitigation of consequences. A brief description of the means of mitigating the consequences of each type of accident, including those provided to protect workers onsite, and a description of the program for maintaining the equipment.

22

j (6)

Assessment of releases. A brief description of the methods and j

equipment to assess releases of radioactive materials.

i 1

I (7)

Responsibilities. A brief description of the responsibilities of l

licensee personnel should an accident occur, including identification of l

l personnel responsible for promptly notifying offsite response organizations l

and the NRC; also responsibilities for developing, maintaining, and updating l

t the plan.

(8)

Notification and coordination. A commitment to and a brief i

description of the means to promptly notify offsite response organizations and l

request offsite assistance, including medical assistance for the treatment of l

contaminated injured onsite workers when appropriate. A control point must be i

established. The notification and coordination must be planned so that l

i unavailability of some personnel, parts of the facility, and some equipment will not prevent the notification and coordination. The licensee shall also

]

t commit to notify the NRC operations center immediately after notifications of l

the appropriate offsite response organizations and not later than one hour after the licensee declares an emergency.2 (9)

Information to be communicated. A brief description of the types of information on facility status; radioactive releases, and recommended I

These reporting requirements do not supersede or release licensees of

[

2 complying with the requirements under the Emergency Planning and Community; Right-to-Know Act of 1986, Title III, Pub. L.99-499 or other state or federal-reporting requirements.

-l 23 I

l b

. -- -~ _ - =-.

-l i

i protective actions, if necessary, to be given to offsite response

.!q organizations and to the HRC.

l (10) Training. A brief description of the training the' licensee will provide workers on how to respond to an emergency and any special instructions and orientation tours the licensee would offer to fire, police, medical and

}

other emergency personnel.

'f

-1 (11) Safe Condition. A brief description of the means of restoring the I

facility to a safe condition after an accident.

a 1

(12)

Exercises.

(i) Provisions for conducting semiannual communications checks with offsite response organizations and biennial onsite i

exercises to test response to simulated emergencies. Radiological / Health

{

1 Physics, Medical, and Fire Drills should be conducted semiannually.

I Semiannual communications checks with offsite response organizations must s-3 include the check and update of all necessary telephone numbers. The licensee i

1 shall invite offsite response organizations to participa% in the biennial exercises.

5 (ii) Participation of offsite response organizations in biennial exercises although recommended is not required.

Exercises must use scenarios i

not known to most exercise participants. The licensee shall critique each' f

Li exercise using individuals not having direct implementation rcponsibility for the plan. Critiques of exercises must evaluate the appropriateness of the i

i plan, emergency procedures, facilities, equipment, training of personnel, and i

1 i

24 i

l i

[

Il i

overall effectiveness of the response. Deficiencies found by the critiques

'j i

must be corrected.

j l

i (13) Hazardous chemicals. A certification that the applicant has met its responsibilities under the Emergency Planning and Community Right-to-Know i

Act of 1986, Title III, Public Law 99-499, if applicable to the applicant's t

i activities at the proposed place of use of the special nuclear material.

j i

I (14) The licensee shall allow the offsite response organizations l

expected to respond in case of an accident 60 days to comment on the f

i 4

licensee's emergency plan before submitting it to FJ Se licensee shall l

provide any comments received within the 60 days to ?% init with the emergency-plan.

(15)

In order to assure for potential offsite assistance the review of an applicant's emergency plans shall include arrangements for requesting and l

effectively using offsite assistance on site have b,een made, arrangements to l

accomodate State and local staff at the licensee's near-site emergency l

facility have been made, and other organizations capable of augmenting the j

planned onsite response have been identified.

i (16) Arrangements made for providing information to the public.

i i

(b)

Each application for an MRS that is licensed under this part must' be accompanied by an Emergency Plan that includes the following information:

25 1

1

1 l

(1)

Facility description. A brief description of the licensee's j

-facility and area near the site.

i (2)

Types of accidents. An identification of each type of radioactive l

materials accident for which protective actions may be needed.

[

(3)

Classification of accidents. A classification system for classifying accidents as alerts or site area emergencies.'

i i

(4)

Detection of accidents.

Identification of the means of detecting i

an accident condition.

1 i

i (5)

Mitigation of consequences. A brief description of the means of l

t mitigating the consequences of each type of accident, including those provided j

i to protect workers onsite, and a description of the program for maintaining the equipment.

(6)

Assessment of releases. A brief description of the methods and equipment to assess releases of radioactive materials.

t

!.i (7)

Responsibilities. A brief description of the responsibilities of licensee personnel should an accident occur, including identification of personnel responsible for promptly notifying offsite response organizations site Area emergency means events may occur, are in 2

progress, or have occurred that could lead to significant release of radioactive. material and that could require a response by offsite response organizations to protect persons offsite.

j 26 l

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i and the 14RC; also responsibilities for developing, maintaining, and updating

~

the plan.

i (8) flotification and coordination. A commitment to and a brief f

description of the means to promptly notify offsite response organizations and request offsite assistance, including medical assistance for the treatment of l

contaminated injured onsite workers when appropriate. A control point must be

-[

2 i

established. The notification and coordination must be planned so that f

unavailability of some personnel, parts of the facility, and some equipment j

i will not prevent the notification and coordination. The licensee shall also commit to notify the flRC operations center immediately after notifications of the appropriate offsite response organizations and not later than one hour i

after the licensee declares an emergency.'

l (9)

Information to be communicated. A brief description of the types f

of information on facility status; radioactive releases, and recommended protective actions, if necessary, to be given to offsite response f

organizations and to the 14RC.

(10) Training. A brief description of the training the licensee will provide workers on how to respond to an emergency and any special instructions

[

and orientation tours the licensee would offer to fire, police, medical and other emergency personnel.

-[

2 l

3 These reporting requirements do not supersede or release licensees of complying with the requirements under the Emergency

{

Planning and Community Right-to-Know Act of 1986, Title III, l

1 Pub.

L.99-499 or other state of federal reporting requirements.

l l

27 l

l

t i

l (11) Safe Condition. A brief description of the means of restoring the e

facility to a safe condition after an accident.

i (12)

Exercises.

(i) Provisions for conducting quarterly communications j

i checks with offsite response organizations and ' annual onsite exercises to test l

I response to simulated emergencies. Radiological / Health Physics, Medical, and Fire Drills should be held semiannually. Quarterly communications checks with offsite response organizations must include the check and update of all l

necessary telephone numbers.

The licensee shall invite offsite response organizations to participate in the annual exercises.

l l

1 (ii) Participation of offsite response organizations in annual exercises although recommended is not required.

Exercises must use scenarios not.known l

to most exercise participants. The licensee shall critique each exercise t

using individuals not having direct implementation responsibility for the f

pl an. Critiques of exercises must evaluate the appropriateness of the plan, i

emergency procedures, facilities, equipment, training of personnel, and 1

overall effectiveness of the response. Deficiencies found by the critiques-must be corrected.

e i

I (13) Hazardous chemicals. A certification that the applicant has met its responsibilities under the Emergency Planning and Community Right-to-Know I

[

Act of 1986, Title III, Public Law 99-499, if applicable to the applicant's activities at the proposed place of use of the special nuclear material..

i 28 1

t

+

f iy (14) The licensee shall allow the offsite response organizations expected to respond in case of an accident 60 days to comment on the l

licensee's emergency plan before submitting it to NRC. The licensee shall l

provide any comments received within the 60 days to the NRC with the emergency i

plan.

tl (15) Review of applicant's emergency plans shall include the following for potential offsite assistance:

(i)

Arrangements for requesting and effectively using offsite

{

i assistance on site have been made, arrangements to accommodate State and local staff at the licensee's near-site emergency facility have been made, and other-organizations capable of augmenting the planned onsite response have been

-l identified.

l (ii) Provisions exist for prompt communications among principal

-t response organizations to offsite emergency personnel who would be responding onsite.

j i

t I

(iii) Adequate emergency facilities and equipment to support the j

i emergency response onsite are provided and maintained.

l (iv) Adequate methods, systems, and equipment for assessing and monitoring actual or potential consequences of a radiological emergency condition are available.

.)

29

)

j

-l i

(v)

Arrangements are made for medical services for contaminated and injured onsite individuals.

i i

(vi)

Radiological Emergency Response Training has been made available l

i to those offsite who may be called to assist in an emergency onsite.

i i

(16) Arrangements made to provide information to the public.

l

.j l

i 1

I i

Dated at Rockville, Maryland, this day of

, 1993.

t for the U.S. Nuclear Regulatory Commission.

i I

i r

Samuel J. Chilk, l

Secretary of the Commission i

e 4

30 l

l

[7590-01)

I i

NVCLEAR REGULATORY COMMISSION

[

Document Containing Reporting or Recordkeeping

[

i Requirements: Office of Management and Budget Review l

AGENCY:

Nuclear Regulatory Commission.

f

(

ACTION:

Notice of the Office of Management and Budget review of information collection.

t

SUMMARY

The Nuclear Regulatory Comission (NRC) has recently submitted to the Office of Management and Budget (OMB) for review the following i

proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35).

l 1.

Type of submission, new, revision, or extension:

Revision.

2.

The title of the information collection:

10 CFR Part 72 - Emergency Planning Licensing Requirements for Independent Spent Fuel Storage Facilities (ISFSI) and Monitored j

Retrievable Storage Facilities (HRS).

1 I

3.

The form number if applicable: Not applicable.

4.

How often the collection is required: On occasion.

I

j

+-..,

~

2

[7590-01]

j i

i 5.

Who will be required or asked to report: Applicants for an NRC l

license to operate an Independent Spent Fuel Storage Facilities (ISFSI) or a Monitored Retrievable Storage Facilities (MRS).

.[

t f

I 6.

An estimate of the total number of annual responses:

1.36 although, to date, the NRC has not. received any applications for i

i the licensing of an offsite ISFSI or for an MRS.

7.

An estimate of the number of hours needed annually to complete the f

i requirement or request: Approximately 785 hours0.00909 days <br />0.218 hours <br />0.0013 weeks <br />2.986925e-4 months <br /> (approximately a

^

625 hours0.00723 days <br />0.174 hours <br />0.00103 weeks <br />2.378125e-4 months <br /> of reporting burden plus approximately 160 hours0.00185 days <br />0.0444 hours <br />2.645503e-4 weeks <br />6.088e-5 months <br /> of recordkeeping burden).

j 8.

An indication of whether Section 3504 (h), Pub. L.96-511 applies:

l Applicable.

[

9.

ABSTRACT: The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to provide, as directed by the Nuclear Waste -

l j

Policy Act of 1982, ohe emergency planning licensing requirements for Independent Spent Fuel Storage facilities (ISFSI) and Monitored Retrievable Storage Facilities (MRS). The emergency l

3 plans that applicants would be required to submit would allow NRC l

to determine that a licensee's planned response to an accidental l

release of radioactive materials will be adequate to protect

-l public health and safety.

l q

i 4

i

3

[7590-01)

Copies of the submittal may be inspected or obtained for a fee from the NRC l

l-Public Document Room, 2120 L Street NW (Lower Level), Washington, D.C.

l L

i Comments and questions can be directed by mail to the OMB reviewer:

I Ronald Minsk l

Office of Information and Regulatory Affairs (3150-0132) i NE0B-3019 Office of Management and oudget Washington, D.C.

20503 i

Comments can also be submitted by telephone at (202) 395-3084. The NRC Clearance Officer is Brenda J. Shelton, (301) 492-8132.

i Dated at Bethesda, Maryland, this /21bb day of 4ye1993.

f 8

For the Nuclear Regulatory Commission.

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l Gerald F. Cranford, Designated Senior Official for Information Resources Management l

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