ML20045H020
| ML20045H020 | |
| Person / Time | |
|---|---|
| Issue date: | 06/25/1993 |
| From: | Richard Turtil NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20044B453 | List: |
| References | |
| FRN-57FR15034, RULE-PR-50 ACRS-GENERAL, AE04-1-001, AE4-1-1, NUDOCS 9307160248 | |
| Download: ML20045H020 (3) | |
Text
{{#Wiki_filter:' a a%g y +. ,Ps a f~ _l 2 UNITED STATES 3-7i NUCLEAR REGULATORY COMMISSION t, ,/ WASHINGTON, D.C. 20555-0001 4 6/25/q.3 AE04-1 PDR MEMORT.NDUM FOR: Document Control Desk FROM: Richard H. Turtil, Project Manager Low-Level Waste Management Branch Division of low-Level Waste Management and Decommissioning, NMSS
SUBJECT:
REGULATORY HISTORY FOR PROPOSED RULE TO ALLOW RECEIPT OF BYPRODUCT AND SPECIAL NUCLEAR MATERIAL BY REACTOR LICENSEES Enclosed are documents of central relevance to the proposed rulemaking to allow reactor licensees to receive back byproduct and special nuclear material that is produced by operating the reactor after that waste has been sent offsite to be reduced in volume by compaction or incineration. The following information will help identify the proposed rule associated with these enclosed documents: federal Reoister Information Identifvina Proposed Rule: Federal Register Volume 57, No. 80, Friday, April 24, 1992 57FM so M pages 15034 - 15035 RIN 3150-AE04 Rule title: 10 CFR Part 50 - Receipt of Byproduct and Special Nuclear Material Agency: Nuclear Regulatory Commission Action: Proposed Rule Parts affected by the document: Part 50 Only [ Adds 10 CFR 50,54(ee)] -If you have any questions, please call me on 504-3447. p i, Richard H. Turtil, Project Manager Low-level Waste Management Branch Division of low-Level Waste Management and Decommissioning, NMSS
Enclosures:
As stated M gG2 .t ((g g g;ll 71 248 930625 y 50 57FR15034 PDR \\
.n I uXh) m ABxt-of 5 ' 45 6 Federd R: gist:r / Vol. 57. No. C3 / Fridsy. April 24, 1992 / Proposed Ruhs fpA i Executive Order 12291 and Regulatory including the District of Columbia. lf this receive back b Flexibility Act proposed rule is adopted, there will be nuclear matertafroduct and special that is produced by We are issuing this proposed mle in no retroactive effect. This proposed rule operating the reactor after that waste 1 conformance with Executive Order will not preempt any State or local laws has been sent offsite to be reduced in j, 12291, and we have determined that it is or regulations, and will not require volume by compaction or incineration. not a " major rule". Lased on information administrative proceedings before 04Tas:The comment period expires July I compiled by the Department, we have parties may file suit in court challenging 8,1992. Comments received after this I determined that this proposed rule. If its provisions. date will be considered if it is practical adopted, would have an effect on the Paperwork Reduction Act to do so, but the Commission is able to economy ofless than $100 million: assure consideration only for comments would not cause a major increase in This proposed rule contains no new received on or before this date. fnd stnes ede al ae r it m n a d e a rk mmWaH den unmnb & r l'o al Reduction Act of 1980 (44 U S C 3501 et Secretary, U.S. Nuclear Regulatory government agencies, or geographn.c regions; and would not cause a ,4 )' Commission. Washington. DC 20555, Attention: Docketing ad Service Branch. significant adverse effect on Executive Order 12372 Del ver comments to:11555 Rockville competition employment, investment. This program / activity is listed in the Pike Rockville, Maryland, between 7As productivity, innovation, or on the Catalog of Federal Domestic Assistance a.m. and 4:15 p.m. Federal workdays. ability of United States based under No.10.025 and is subject to Commetne may be examined at: the enterprises to compete with foreign-Executive Order 12372, which requires NRC Public Document Room at 2120 L based enterprises in domestic or export inagovernmental consultation with Street NW., (Lower Level). Washington, e o ing the " District of Columbia: State and local officials. (See 7 CFR part DC. 3015, subpart V.) Fon runtwen tetronesArioN CONTACT: Movement of Plants and Plant Products., regulations would relieve inspectors of List of Subjects in 7 CFR Part 302 LeMoine J. Cunningham, telephone (301) 504-1086, or Paul H. Lohaus on (301) the requirement to perform inspections Agricultural commodities, Plant 504-2553. U.S. Nuclear Regulatory and issue documents that are not diseases, Plant pests, Planta Commission, Washington. DC 20555. necessary for the protection of (Agriculture). Quarantine agriculture from plan: seats c; dises.es. Transportation. However, removing these reguletions
Background
would not increase or decrease trade PART 302--DlSTRICT OF COLUMBIA; movements or sales since inspection MOVEMENT OF PL. ANTS AND PLANT The Commission is proposing to and documentation to meet other PRODUCTS amend its regulations m to CFR 50.54, Federal regulations, as well as " Conditions oflicenses," that contain applicable foreign country laws and Accordingly,7 CFR part 302 would be conditions that are deemed to be regulations, would continue to be removed. applicable for each license issued under provided. APHIS woulii continue to
- 1. The authority citation would to CFR part 50.
provide inspectors as needed to meet continue to read as follows: This amendment is needed primarily these other regulations, since the Authority:7 U.S C. tosdd,15Ae.1soff.181. because of changing circumstances District of Columbia does not employ 182, and 1M-187; 7 CFR 2.17,2.51 and surrounding the treatment, storage, and such inspectors. There are less than ten 371.2(c). disposal of low-level radioactive waste small entities that move pl6nts into and Done in Washington DC. this 20th day of (LLRW) generated by operating nuclear out of the District of Columbia. Because April 1992. power reactors. At the time when most i the volume of plants moving into and Lonnie f. King. operating licenses were issued the out of the District is so small, there Acting Administrotor. AnimolondPlont Commission expected that LLRW would woald be no significant economic Heo/th lnspectiotr Service. be promptly treated and sent offsite for impact created by the removal of the [FR Doc. 92-9001 Filed 4-23-92, a 45 arn) disposalin a licensed LLRW disposal facility. Therefore, operating licenses i nnecessary requirements. an.a.mo coor uim Under these circumstances, the did not authorize the licensees for i Administrator of the Animal and plant - power reactor operators to receive Health Inspection Service has NUCLEAR REGULATORY byproduct or special nuclear material ] detennined that this action would not COMMISSION except in the form of sealed sources for have a significant economic impact on a special purposes, for analysis or substantial number of small entities. 10 CFR Part 50 calibration, or in form of fuel for use in the reactor. Executive Order 127/8 RIN 3150-AE04 Accordingly while a reactor hcensee This proposed rule and withdrawal of may send its LLRW offsite to another prior proposed rule has been reviewed Receipt of Byproduct and Special licensee for treatment (e.g., compaction Nuckar MatMal under Executive Order 12778. Civil or incineration), the licensee treating the Justice Reform. This rule proposes to Aotwcy: Nuclear Regulatory waste may not return it to the generating remove existing regulations concerning Commission. licensee because the latter lacks movement of plants and plant producta Actiow: Proposed rule, authority to receive it. Leo and out of the District of Columbia Licensees providing offsite treatment which are duplicative of. or exceed the sueensAny:The Nuclear Regulatory and volume reduction services may requirements of, other federal Commission is proposing to amend its have several reasons for needing to regulations that restrict the movement of regulations Foverning the conditions of return treated LLRW to the generator. plants and plant products into and from licenses for production and utilization Access to LLRW disposal facilitics may other jurisdictions in the Uni'ed States, facilities to allow a reactor licensee to be restricted for the generator w hose l 1 wi
s* % N Federd Regist2r / Vol. 57 No. 80 / Friday. April 24. 1992 / Proposed Rules 15035 m waste has been treated.The licensee not impose any additional cost or 95-401. sec 10. 92 Stat. 2951 (42 U.S C sa',1). offering offsite services may not have burden on a licensee or other individual Secd n mio also issued under secs.101. las, adequate capacity for storing the waste The proposed requirements are intended sa Stau3ean as amended (42 Us C 2131 until disposal. The legal rela tionships to facilitate actions necessary to ensure 22354 sec 102. PuMaw M-1M 83 Stat. among States and Regions established that licensees will have adequate short-853 (42 US C 4332). Sections 50.13. 254(dd). under the various Compacts ratified by term onsite storage capacity for low-and at 3 als issued under see toe es Stat. the Congress in conjunction with the Low Level Radioactive Waste Policy level radioactive waste until permanent 3a,'3""*"[*dI42[C*$[,I,,8* Amendments Act of1985.Public Law disposal is available. "Ihe Commission 33,, 3,, ,u der 99-240, may force return of treated does not look favorably on long-term 0
- 3**'
- P'"
LLRW to the generator in order to onsite storage. The forgoing constitutes the regulatory analysis for the proposed I[2.'S~C* 433 b ~ ensure that the waste is disposed of at rule' the appropriate disposal facility. Sections 50.34 and 50.54 also issue <t under This minor amendment does not Regulatory Flexibility Act sec 204. as Stat.1245 (42 US C 589.L represent any change in Commission The Commission certifies that this Sections 50.58. 50.91, and m92 also nsued rule, if adopted, will not have a under Public La w 97-415. 96 Stat. 20/3 (42 a te On cto e 6, 1 e Commission published its policy significant ecommic impact on a US.C. 2239). Sections m80-50.81 also issued under sec.184. 68 Stat. 954, as amended (42 statement on low-level waste volume 58 '8' reduction (48 FR 51100)in which it proposed amendment is entirely US C =34). Appendix F also issued under permissive in nature and will sec.187,68 Stat. 955 (42 US.C 2237). cag upo g8b vj hl8 predominately affect large entitles, For the purposes of sec. 223. on Stat. 9m as ,9,e d e f f disposa1 to extend the life of disposal nuclear power reactor licensees, and amended (42 U.S.C 2273): Il 50.48 (a) and (b) and 50.54(c) are issued under sec.101b, na persons who provide volume reduction s and a ate rns sj o, rag c services to these licensees, Stat. 948, as amended (42 U.S C =01(b}): il 501(a). 50.to(a)-{c). 50.34(a) and (e), licensees
- options to reduce the volume Backfit Analysis
'N'#**I*I '" of waste by using services performed (ch (d), anMeh maw 54(aWMW1W offsite and permitting the return of the The Commission has determined that (n), (p), (g). It), (v). and (y) m$5(fl. 50.55atal. treated waste to the generator the backfit rule,10 CFR 50.109, does not (cHe). (s). and th). 50.59(c). 50.00(*). 50 e2(b). Ilowever, the Commmission does not apply to this proposed rule, and 50.64(b). 50.65, and so.ao(a) and (b) are issued look favorably on long-term on-site therefore, that a backfit analysis is not under sec.1611. 68 Stat. 949. as amended (42 et rage.The amendment is intended t required for this proposed amendment US.C 2201(1)): and il m49(d). [h). and (1). ensure that licensees will have adequate because this amendment does not 50 54(wl. (r). (bb). (cc), and (dd). 50.55(e), short-term on-site storage capacity for involve any provisions which would 50.59(b). mas (b). 50.a3(b). 50Jo(a). 5aJ1(al-self-generated LLW until permanent impose backfits as defined in 10 CFR (c) and (e). 5032(a). soJ3(a) and Ib). 50J4. disposal capacity is available. 50.109(a)(1)' 50J8. and 50.90 are issued under sec.181o. 68 Furthermore, the amendment does not authorize the receipt of any material List of Subjects in 10 CFR Part 50 Stat. 950, as amended (42 U.S.C =01[o)).
- 2. In 50.54. paragraph (ee) is added to recovered from the reprocessing of Antitrust, Classified information, read as follows:
irradiated fuel. Criminal penalty, Fire protection. Environmentalimpact: Categorical U n er ove ent la lo s. Nuclear Exclusion power plants and reactors. Radiation The Commission has determined that protection Reactor siting criteria. (ee) Each license issued under this this proposed regulation is of the type Reporting and recordkeeping part authorizing the possession of described in categorical exclusion to requirernents, byproduct and special nuclear material CFR 51.22(c)(2). Therefore, neither an For the reasons set out in the produced in the operation of the environmental assessment nor an preamble and under authority of the licensed reactorincludes, whether environmentalimpact statement has Atomic Energy Act of1954, as amended, stated in the license or not, the been prepared for this proposed the Energy Reorganization Act of t974, authorization to receive back that same regulation. as amended, and 5 U.S.C. 553, the NRC materia!. in the same or altered form. Paperwork Reduction Act Statement is proposing to adopt the following from a licensee of the Commission or an This proposed regulation contains no amendment to 1D CFR part 50. Agreement State.The authorization is information collection requirements and PART 50--DOMESTIC UCENSING OF subject to the same limitations and therefore is not subject to the PRODUCTION AND UTILIZATION requirements applicable to the original requirements of the paperwork FACILITIES possession of the material.This duction Act of 1960 (44 U.S C. 3501 et paragraph does not authorize the receipt T' 1.The authority citation for part 50 of any material recovered from the - continues to read as follows: reprocessing ofirradiated fuel. Regulatory Analysis Authority: Secs.102.103.104.105. let.182. Dated at Rockville Maryland. tNs teh d.sy The Commission has considered 183,188.189.sa. Sta t. 938, 93a. 948. 95% 954. of Aprit.1992. alternatives to, as well as the costs and f,5 56 ".d ' en da Sta 1 5d For the Nuclear Regulatory Commwon. benefits of, the proposed regulation. There is no alternative to amending the Col. 232, 2233,2236. 239. 282): secs. 201, James M. Taylor. tegulations that would satisfy questions as amended. 202,200. 88 Stat.1242, as amended.1244.1246 (42 US.C 5341. 5842. Executive DirectorforOperations. cancerning the legality of transfer on a 584c). (FR Doc. 92-9595 Filed 4-23-92: a 45 a ni generic basis. The proposed rule would Section 503 also issued ender public Law eim caos raso.ew t. ~.-_ $}}