ML20044G936
| ML20044G936 | |
| Person / Time | |
|---|---|
| Issue date: | 12/03/1984 |
| From: | Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20044G927 | List: |
| References | |
| HPPOS-256, NUDOCS 9306070060 | |
| Download: ML20044G936 (2) | |
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11EMORANDUM FOR: Regional Administrators Branch Chiefs Division of Fuel Cycle and Material Safety
SUBJECT:
P0LICY AND GUIDANCE DIRECTIVE 84-20; IMPACT OF REVISION OF 10 CFR PART 61 CN MATERIAL LICENSING ACTIONS The purpose of this directive is to inform you of recent changes in 10 CFR Part 51 as they relate to material licensing actions outside the fuel cycle.
DaMarc512,1984,10 CFR Part 51, " Licensing and Regulatory Policy and Procedures for Environmental Protection," was completely revised with aa effective date of June 7,1984 (49 FR 9352, see also 49 FR 24512, June 14, 1984).
The basic policy on environmental assessments, environmental statements, and findings of no significant impact (formerly called negative declarations) remains unchanged; that is, most non-fuel cycle licensing actions are covered by " categorical exclusions" in Sections 51.22 (c)(10) and (14) and therefore do not require environmental analyses.
However, licensing actions for the following activities are not covered by categorical exclusions:
1.
Use of radioactive tracers in field flood studies involving secondary and tertiary oil and gas recovery.
2.
Performance of field studies in which licensed material is deliberately released directly into the environment for purposes of the study.
(The use of tracers in well-logging is specifically covered by the categorical exclusioninSection51.22(c)(14)(xi).)
3.
Processing of source material for extraction of rare earth and other metals (currently licensed in Headquarters only).
4.
Waste brokers who are authorized to store waste more than 180 days, or possess more than 50 curies of radioactive material.
5.
Any commercial waste disposal (currently licensed in Headquarters only).
Applicants for new licenses, renewals, and certain amendments involving
- activities Hos. 1 and 3 above will be required to submit environmental reports in accordance with Section 51.60.
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DEC 0 31984 iluitiple Addressees,
Any new license, acendment, or renewal application received after June 6, 1964, which involves an activity not covered by a categorical exclusion, will require an environmental assessment in accordance with Section 51.21.
Any such application received by the Regions should be identified to Headquarters as soon as possible so that specific guidance can be provided for meeting this requirement.
Any pending application received before June 7,1984, which does not appear to be covered by a categorical exclusion, should be identified to Headquarters for guidance. ;&tSS and ELD will review the specific case to determine how the new Part 51 applies.
acte that Sections 51.22 (c)(11) and (c)(14)(xvi) provide generic categorical exclusions. The Comission has indicated that there should be careful documentation in cases where these exclusions are applied. For such cases, an explanatory memorandum, signed by the appropriate Division Director or his delegate, should be included in the license file.
(See Enclosure for more details.)
Also note tnat Sections 51.20, 51.21, and 51.22 provide that NRC may prepare an environmental assessment or statement on any case as it deems appropriate, regardless of whether it is covered by a categorical exclusion.
Questions regarding 10 CFR Part 51 as it applies to non-fuel cycle licensees may be directed to Vandy Miller (FTS-427-4002).
Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety
Enclosure:
Memo to Multiple Addressees fm DISTRIBUTION:
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NMSS r/f KBarr Reg II/ O JHickey WAxelson Reg II-JRMapes JEverett Reg IV VLMiller FWenslawski Reg Record note: All Regions and ELD reviewed draft.
Minor comments were RECunningham MLB Staff incorporated.
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