ML20058N317

Revised Notice of Withdrawal of BRC Policy Statements

ML20058N317
Person / Time
Issue date:	08/18/1993
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-53FR49886, FRN-58FR44610, RULE-PR-CHP1 NUDOCS 9312210326
Download: ML20058N317 (6)

Text

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l NUCLEAR REGULATORY. COMMISSIONgy o,w,,, 18. P3 :09 10 CFR Part 2 l

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I RIN 3150-AE56 Ma. '

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3 Withdrawal of Below Regulatory l

i Concern Policy Statements l

j AGENCY:

Nuclear Regulatory Commission..

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ACTION:

Withdrawal of policy statements.

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SUMMARY

The Nuclear Regulatory Commission is formally!

j withdrawing its Below Regulatory. Concern (BRC) policy' statements.

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This action is necessary to comply with provisions of-the Energy-l Policy Act of 1992.

Specifically, this. action removes the BRC 4

Policy Statement issued on July 3,.1990, and the BRC Policy issued in 1986 concerning the submittal of' petitions for disposal of radioactive waste streams below regulatory concern that were-set out in the Commission's regulations..

EFFECTIVE DATE:

This action is effective upon publication-in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Francis X.' Cameron, Office Mf-i the General Counsel, U.S. Nuclear Regulatory Commission,.

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Washington, DC 20555., Telephone (301) 504-1642.

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2 53FR49886 PDR;

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This is a revised version of the FRN

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signed by Mr. Chilk on August 11,:1993.

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SUPPLEMENTARY INFORMATION:

Section 10 of the Low-Level Radioactive Waste Policy Amendments Act (LLRWPAA) of 1985 directed the Commission to develop criteria and procedures to act'upon petitions "to exempt specific radioactive waste streams from regulation...due to the presence of radionuclides...in sufficiently low concentrations or l

quantities as to be below regulatory concern."

The Commission l

l responded to this statutory provision by issuing.a policy j

i statement on August 29, 1986 (51 FR 30839) that contained criteria for evaluating such petitions.

These. criteria and the procedures for NRC staff implementation are set forth in 10 CFR I

l Part 2, Appendix B, of the Commission's regulations.

In order'to establish a consistent risk framework for making regulatory.

exemption decisions across the broad spectrum:of activities regulated by the Commission, the Commission'later issued a second policy statement addressing the below regulatory concern. issue,

" General Statement of Policy on Below Regulatory Concern," July 3, 1990 (55 FR 27522).

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l In reaction to the public concern about the implications of l

the 1990 Policy, the Commission initiated a consensus-building process in July 1991 to seek the advice of af fected interests on a re-evaluation of the Policy.

In conjunction with.the' initiation of the consensus-building' process, the Commission placed a moratorium on the implementation of the 1990 Policy.

When the consensus-building process was terminated in December-1991 due to the difficulty of obtaining the participation of all

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affected interests in the process, the Commission indefinitely extended the moratorium on the implementation of the Policy. In October 1992, the Congress enacted the Energy Policy Act of 1992 1

(H.R. 776), and the bill was subsequently. signed into law by l

President Bush.

Section 2901 revoked the Commission's 1986 and 1990 BRC Policy Statements.

The Commission formally withdraws the two BRC' Policy I

Statements in response to the Congressional action.

In a j

document published in the proposed rule section of this issue of the Federal Register, the Commission also; announces the.

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termination of a rulemaking action that was: initiated to implement the 1986 BRC Policy.

Although Section 2901 of the Energy Policy Act effectively revoked the 1986 BRC Policy Statement by providing that it should I

have no further effect, it did not explicitly remove the Commission's obligation under Section 10.of the Low-Level.

Radioactive Waste Policy Amendments Act of 1985 to develop criteria and procedures for evaluating exemption requests for specific radioactive waste streams on an expedited basis.

Nor did the Act revoke the Commission's authority under the Atomic Energy Act to exempt classes of materials from licensing.

The Commission does not believe that it is necessary at this time to j

I initiate the development of new generic criteria and procedures i

to replace those established in the 1986' Policy Statement that-implemented Section 10 of the LLRWPAA.

The Commission believes that the current situation could allow these types of exemption-4

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4 requests to be effectively handled on a case-by-case basis using the Commission's existing authority under the Atomic Energy Act and the existing general procedures for the expedited processing

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of petitions for rulemaking.

This is consistent with the Commission's policy to address individual exemption requests using the criteria and guidance in existence prior to the July 3, 1

1990, BRC Policy Statement.

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Paperwork Recuction Act Statement i

i Withdrawal of this policy statement removes information collection matters that were subject to the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.).

Office of Management and Budget approval of the provisions contained in Appendix B to 10 CFR Part 2 was allowed to expire on December 31, 1992.

The 10 CFR Part 2 information collection requirements that remain in effect were approved by the Office of Management and Budget approval number 3150-0136.

List of Subjects in 10 CFR Part 2 l

Administrative practice and procedure, Antitrust, Byproduct l

material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, f

Sex discrimination, Source material, Special nuclear material, l

Waste treatment and disposal.

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For the reasons set.out in the preamble and under the l

authority of the Atomic Energy Act of 1954, as amended, the-Energy Reorganization Act of 1974, as amended,.and 5 U.S.C.

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and 553, the NRC is adopting the following amendment to 10 CFR Part 2.

J PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

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AND ISSUANCE OF ORDERS l

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The authority citation for Part 2 is revised to read as l

follows:

AUTHORITY:

Secs. 161, 181, 68 Stat. 948,-953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L.87-615,-76 Stat. 409 (42 U.S.C.

2241); sec. 201, 88 Stat. 1242, as amended i

(42 U.S.C.

5841); 5 U.S.C. 552.

l Section 2.101 also issued under secs. 53, 62, 63,,81, 103, I

104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended r'

(42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec.

i 114(f), Pub. L.97-425, 96 Stat. 2213, as amended (42 U.S.C.

l 10134(f)); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871).

l Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C.

2132, 2133, 2134, 2135, 2233, 2239).

i Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 l

(42 U.S.C. 2239).

Sections 2.200-2.206 also issued under secs.

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161b, 1, o, 182, 186,-234, 68 Stat. 948-951, 955,'83-Stat. 444, as amended (42 U.S.C.-2236, 2282); sec. 206', 88_ Stat. 1246 j

(42 U.S.C. 5846). -Sections 2.600-2.206 also issued under_sec._

102, Pub. L.91-190, 83 Stat._853, as amended ~(42 U.S.C/4332).

Sections 2.700a, 2.719 also issued under 5 U.S.C.;554.

Sections-2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557.

1 Section 2.764 and Table 1A of Appendix C also issued under secs.

.f 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241.(42 U.S.C.

10155, 10161).

Section 2.790 also issued under sec. 103, 68-Stat.-936,_

k as amended (42 U.S.C. 2133) and 5 U.S.C.

553.

Section 2.809-also.

issued under 5 U.S.C. 553 and sec. 29, Pub. L.85-256, 71' Stat.

l 579, as amended-(42 U.S.C. 2039).

Subpart K also. issued'under i

sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134,' Pub. L. 97-

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i 425, 96 Stat. 2230 (42 U.S.C.

10154).- Subpart-L1also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239).- Appendix A also issued under sec.

6, Pub. L.91-560, 84. Stat. ~ 1473,(42 U.S.C.

2135).

Appendix B to Part 2 [ Reserved]

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Appendix B to 10 CFR Part 2 is removed.

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1-If ~ day of. August

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Dated at Rockville, Maryland, this

,.1993.

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F the N clear Regulatory Commission.

Gnu-Samuef J.

Ik, Secretary of the Commission.

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