ML20127E355

Informs Commission That EDO Intends to Publish Final Rule Amending 10CFR30,40,70 & 72 on Decommissioning Recordkeeping & License Termination

ML20127E355
Person / Time
Issue date:	10/21/1992
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-92-356, NUDOCS 9210270190
Download: ML20127E355 (74)

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0 RULEMAKING ISSUE October 21, 1992 (NEGATIVE CONSENT)

SECY-92-356 f_qt:

The Commissioners f_ tam:

James M. Taylor, Executive Director for Operations Sub.icct :

FINAL RULE, AMENDMENTS TO 10 CFR PARTS 30, 40, 70, AND 72,

" DECOMMISSIONING RECORDKEEPING AND LICENSE TERMINATION:

DOCUMENTATION ADDITIONS" Purnose:

To inform the Commission that the Executive Director for Operations (ED0) intends to publish a final rule amending 10 CFR Parts 30, 40, 70, and 72 on decommissioning recordkeeping and license termination.

igmmary:

The final rule will require additional documentation in the area of decommissioning recordkeeping and license termination submittals. These additional documentation requirements are consistent with the original intent of the decommissioning rule to ensure that NRC will have sufficient information to evaluate licensee decommissioning activities and to terminate the license.

Cateaory:

This is a negative consent item.

Backaround:

On August 7, 1991, the staff submitted to the Commission SECY-91-245, " Prot,osed Rule, Amendments to 10 CFR Parts 30 40, 70, and 72, " Decommissioning Recordkeeping and License Terminations: Documentation Additions." The Commission, through negative consent, approved the proposed rule which was issued for publication in the Federal Reaister on October 7, 1991 (56 FR 50524).

The proposed rule was initiated to address decommissioning issues raised at +.he August 3, 1989, hearing before the Energy and Environment Subcommittee of the House Committee on Interior and Insular Affairs (Synar Subcommittee).

Former Chairman Carr, in a letter to Congress dated January 28, 1991, stated that the CONTACT:

Dr. Carl Feldman, RES NOTE:

TO BE MADE PUBLICLY AVAILABLE (301) 492-3883 WHEN THE FINAL SRM IS MADE 050005 [

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staff would complete rulemaking by early 1992 to require licensees to specifically list in one document, all land, buildings, and equipment involved with their licensed operations.

NRC received nine letters of comment on the proposed rule.

A list of commenters is included in Enclosure 1.

The commenters consist of a broad institutional licensee, a medical licensee, State agencies, a Federal government laboratory, several material licensees, and a nuclear utility. Most of the commenters were generally in favor of the proposed rule.

However, a few commenters felt the proposed rule was unduly burdensome and unnecessary.

The comments and the staff responses are presented in the enclosed Federal Register Notice (Enclosure 2).

In response to the comments, the staff has made substantive changes from the proposed rule which will considerably reduce the burden to licensees and still meet the intent of the Synar Committee findings.

Specifically, licensees would not be required to list any area containing only material in the form of sealed sources and/or byproduct materials with half-lives of less than 65 days. Under the proposed rule, only temporary job sites and areas that contained byproduct material of less than 10-day half-life were exempt from the listing requirement, in addition, the criteria for determining which areas outside of restricted areas need to be listed has been changed from areas containing radioactive materials in quantities greater than Appendix C in the new Part 20 (labeling requirements) to only those areas that require documentation under existing decommissioning requirements for unusual occurrences or spills that can affect decommissioning.

Also, the requirement to list locations and radionuclide content of waste burial areas has been replaced with a requirement to list areas containing source materials such that, if the license were terminated, the licensee would be required to decontaminate the araa or obtain special approval for disposal. Moreover, the proposed requirement to list all areas where spills have occurred has been removed.

Finally, the requirement to list equipment at the site has been narrowed to capture only that equipment which will be decontaminated and left onsite after license termination. The staff believes that the effect of these changes will be to restrict the listing requirements to the relatively few licensees who possess unsealed, licensed materials with relatively long half-lives and, therefore, who are the credible candidates for creating contaminated sites requiring special consideration at the time of license termination.

In particular, the staff 1

i The Commissioners 3

believes that few, if any, licensees who administer byproduct material for human use in the practice of medicine will be subject to these listing requirements.

The staff recommends that the rule be made a Division 2 matter of compatibility.

Under this level of compatibility, the Agreement States would be expected to adopt the final rule but would be permitted flexibility to ap)1y more stringent requirements if deemed appropriate ay the State.

Coordination:

On the issue of Agreement State compatibility, the Office of-State Programs solicited comments from the States on the

)roposed rule.

Comments received from Agreement States have 3een favorable.

The Office of the General Counsel has no legal objection.

Resources:

The resource requirements for conducting the rulemaking are included in the FY 1993-1997 Five-Year Plan. With regard to resource requirements to implement the rule, the staff estimates the requirements to implement the inspection procedures as well as the actual inspections will require 0.2 FTE the first year and 0.2 FTE each year thereafter.

It is expected that these resources can be reprogrammed from other areas.

Recommendation:

That the Commission note:

1.

The EDO plans-to sign the final rule amending 10 CFR' Parts 30, 40, 70, and 72 as set-forth in the draft Federal Register Notice (Enclosure ?,) and the statement approving the final rule for publication (Enclosure 6).

2.

In-10 working days from the date.of this paper, unless directed otherwise by the Commission, the EDO will certify that this final rule would not have, if adopted, a significant impact on a substantial number of small entities pursuant to the Regulatory-Flexibility Act of 1980 (5 U.S.C. 605(b)).

3.

Note a.

That a regulatory analysis -(Enclosure 3) has been prepared for this rulemaking action and will be made available in the NRC Public Document Room, b.

The final rule contains information collection requirements that are subject to the Paperwork Reduction Act of 1980 (U.S.C. 3501 et seq.).

The Commissioners 4

The staff is in the process of obtaining OMB approval for these requirements. The rule will not be published in the Federal Reaister until that approval has been obtained.

c.

That neither an environmental impact statement nor an environmental assessment and finding of no significant impact has been prepared for this final rule because it meets the criteria for a categorical exclusion under i 51.22 (c)(3).

d.

That the Subcommittee on Nuclear Regulation of the Senate Committee on Environment and Public Works, the Subcommittee on Energy and Power of the House Committee on Energy and Commerce, and the Subcommittee on Energy and the invironment of the House Committee on Interior and Insular Affairs will be informed of this rulemaking action (Enclosure 4),

e.

That the Chief Counsel for Advocacy of the Small Business Administration will be informed of the rule requ.rements and the reasons for it as required by the Regulatory Flexibility Act, f.

That a public announcement will be issued (Enclosure 5).

g.

That a copy of the final rule will be distributed to all affected licensees and other interested persons.

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,0 es M. Tpilor ecutive Director for Operations

Enclosures:

1.

Comment Letter List 2.

Draft Federal Register Notice 3.

Regulatory Analysis 4.

Congressional Letters 5.

Public Announcement 6.

Statement of EDO Approving Final Rule for Publication 7.

OMB Clearance Package

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SECY-NOTE:

In the absence of. instructions to the contrary, SECY will notify the staff on Wednesday, November 4,

1992, that the cort, mission, by negative consent, assents to tho action proposed in this paper.

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COMMEU LETTER LIST I

1.

Teledyne isotopes, Radiological Services Department 2.

Johnson Wax, U.S. Safety and Environmental Affairs 3.

Mayo Clinic 4.

Commonwealth of Virginia, Department of Transportation 5.

U.S. Department of Labor - OSHA - Cincinnati Laboratory 6.

State of Illinois, Department of Nuclear Safety 7.

Centerior Energy, Toledo Edison 8.

National Institute of Health, Department of Health Resources 9.

ABB Combustion Engineering Nuclear Power i

4 Draft Feocral Register Notice

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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 40, 70, and 72 RIN 3150-AD98 Decommissioning Recordkeeping and License Termination:

Documentation Additions AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to require holders of a specific license for possession of certcin byproduct material, source material, special nuclear material, or for independent storage of spent nuclear fuel and high-level radioactive waste to prepare and maintain additional documentation that identifies all restricted areas where

. licensed materials and equipment were stored or used, all areas outside of restricted areas ehere documentation is required under current decommissioning r

regulations for unusual occurrences or spills,-and all. areas outside of L

restricted areas cor,taining source material so that if-the license were terminated, the licensee would be required to decontaminate the area or-seek special approval for disposal. -The final rule also requires: licensees to t

submit specific information on certain decontaminated equipment involved in the licensed activity that will remain onsite at the time of license termination at the time of final decommi:,sioning.

The information required by these amendments will provide gretter assurance that decontamination and decommissioning of licensee facilities have been carried out in accordance with the Commission's regulations.

EFFECTIVE DATE:

(90 days after rule is published in Federal Register).

FOR FURTHER INFORMATION CONTACT:

Dr. Carl Feldman, Office cf Huclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)-492-3883.

SUPPLEMENTARY INFORMATION:

Background

NRC licensees subject to the requirements of 10 CFR Parts 30, 40, 70, and 72 who wish to terminate their licenses must decontaminate all contaminated facilities and sites according to NRC requirements'before the NRC can authorize the termination of the license.

Therefore, the licensee's.-

application for license termination, and other records on decommissioning-available from the licensee, must contain sufficient information on the

-residual radioactivity levels'in the licensee's facilities and sites-to allow:-

the NRC staff to make a determination on-whether the licensee's facilities' and sites can be released for unrestricted use.

2

i A General Accounting Office (GAO) report, "NRC Decommissioning Procedures and Criteria Need to Be Strengthened" (GA0/RCED-89-119, May 26, 1989), indicated incomplete recordkeeping as a potential problem.

The issue was also discussed by the NRC at the hearing before the Energy and Environment Subcommittee of the House Conynittee on Interior and Insular Affairs, chaired by Congressman Mike Synar of Oklahoma (Synar Subcommittee) on August 3, 1989.

Both the GAO report and the Synar Subcommittee were concerned that, because of poor or insufficient knowledge as to the location within a licensee's site where licensee activities were conducted, the hRC could terminate a license and release facilities and sites for unrestricted use which may remain partially contaminated at levels which would be unacceptable. Currently, NRC's rules on decommissioning recordkeeping (10 CFR 30.35(g), 40.36(f),

70.25(g), and 72.30(d); specifically require licensees to keep certain records important to decommissioning in an identified location until the license is terminated by the Commission.

These records include drawings of structures and equipment in restricted areas where radioactive materiais were used or stored, documentation identifying the location of inaccessible residual contamination, and detailed descriptions of unusual occurrences or spills of radioactive materials that can affect decommhsioning.

However, these requirements do not presently require the licensee to identify areas where licensed materials were stored or used. or equipment involved in the licensed activity that will be decontaminated and allowed to remain onsite after license termination, or the location of current or previous radioactive material storage areas such as tailings piles. Yet the NRC will need to know of the existence and location of these areas and equipment in order to perform its confirmatory survey, 3

4 On October 7,1991 (56 FR 50524), the NRC published a notice of proposed rulemaking in the Federal Register. The purpose of this proposed rulemaking was to clarify and make more explicit the recordkeeping and documentation requirements specified in the recently enacted decommissioning amendments 0

(June 27, 1988, 53 FR 24018).

The proposed rule would have required licensees to maintain in a single document and certify for completeness and accuracy, a list of the following:

(1)

All ensite areas designated and formerly designated as restricted areas as defined under 10 CFR 20.3(a)(14) or 20.1003; (2)

All onsite areas, other than restricted areas, where radioactive materials in quantities greater than amounts listed in Appendix C to i

il 20.1001-20.2401 of 10 CFR Part 20 are or have been used, possessed or stored; (3)

All onsite areas, other than restricted areas, where spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site have occurred that required reporting pursuant to i 30.50(b)(1) or (b)(4), including areas where subsequent cleanup procedures have removed the contamination; and (4)

All known locations and radionuclide contents of previous and current burial areas within the site.

Areas that contained byproduct material having half-lives of 10 days or less, or depleted uranium used only for shielding or as penetrators in unused munitions, or sealed sources authorized to be used at~" temporary job sites" outside of the licensee's permanent-facility and site boundary as specified in the license would not have had to be listed.

4

1 The proposed rule also would have required licensees who are required to I

submit a decommissioning plan, to submit this list as part of their plan.

Finally, the proposed rule would have required that the above list include the location and description of all equipment, involved in the licensed operation, that is to remain onsite after license termination.

The comment period on the proposed rule expired December 23, 1991.

Public comments were received on the proposed rule and are available for public inspection and copying for a fee at the Commission's Public Document Room, located at 2120 L Street, NW. (Lower Level), Washington, DC.

The NRC received nine comment letters in response to the proposed rule.

The concenter; consist of a broad institutional licensee, a medical licensee, State agencies, a Federal government laboratory, several material licensees, and a nuclear power utility, in a number of cases, letters from different commenters addressed similar issues.

The NRC has identified and responded to 12 separate issues that include all of the significant points raised by the commenters.

The comments and NRC responses are presented below.

Summary and Analysis of Public Comments 1.

Epmment. The listing requirement under the expiration and termination of license which states that "Upon approval of the decommissioning plan by the Commission, the licensee shall... include a list of the location and description of all equipment involved in licensed operations that is to remain onsite at the time of license termination" is too broad.

For example, as one commenter argued, under the proposed requirement, even a typewriter can be considered as a piece of " equipment involved in licensed operations" 5

because the typewriter was used to generate reports concerning the licensed activities.

Another commenter stated that "old" equipment decontaminated and returned to inventory for others to use should not be tracked until the termination of the license.

j Response.

The supplementary information to the proposed rule stated that, "... equipment to be left onsite at the time of license termination are appropriate for listing since these may be potential sources of exposure."

It is not the intent of the Commission that licensees should list and track equipment such as a typewriter which never was contaminated or "old" equipment decontaminated to unrestricted area release levels and returned to inventory until the time of license termination; existing requirements in 66 20.401 and 20.2103 require records of surveys made to confirm that equipment is suitable for unrestricted use before it is removed from the site.

Rather, the intention of this recordkeeping requirement is to ensure that any (contaminated) equipment that was decontaminated during decommissioning and is; to be left onsite after license termination is identified.

This would assist i

the NRC in performing a ennfirmatory survey.

Therefore, the-rule.has been modified to clarify that contaminated equipment that has been or will-- be sent offsite to authorized, radioactive waste disposal sites or decontaminated and

. released from the site to some other location and use need not be listed. A licensee is not required to identify this equipment prior to conducting the-decontamination and decommissioning operations.

Specifically, SS 30.36(c)(3),

40.42(c)(3), 70.38(c)(1), and 72.54(e)(2) will now read as follows:

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... and shall include a list containing the location and description of all equipment to remain onsite after license termination that was contaminated when final decommissioning was initiated."

2.

Comment.

Extend the exemption to all sealed sources on or offsite provided there has been no damage to or leakage from the sources. Commenters supported llRC's assessment that the risk of " contamination" from any scaled source " authorized to operate at temporary job sites" is minimal under normal use conditions. One commenter questioned the impact of the proposed rule on the uses of brachytherapy sources.

Another commenter suggested that all sealed sources on or off the site should be exempted from the proposed rule provided there has been no damage or leakage from the sources.

Response.

The llRC agrees that areas containing only sealed sources, both on or off the site, need not be listed provided the sealed sources have not leaked.

Sections 30.35(g)(3) and 70.25(g)(3) have been amended to reflect this decision.

3.

Comment. Will the proposed requirements be retroactive?

Response. The NRC does not intend for the requirements to be retroactive.

However, the list should be as complete as possible and licensees should go back into the history of their licensed operation as far as possible to develop their initial list. After the initial list is generated, it would need to be updated at least every 2 years.

Therefore, 9 9 30.35(g)(3), 40.36(f), 70.25(g)(3), and 72.30(d)(3) have been amended to reflect this position.

4.

Commel.

Aside from exempting radioactive materials that possess half-lives of 10 days or less, an exemption should also be given for those 7

radioactive materials that through time of possession have also decayed to very low levels.

8ttronse.

In principle it seems reasonable to exempt radioactive materials with half-lives greater than 10 days if during their time of possession they have decayed to very low levels. However, in practice this would be difficult to implement because the NRC would need tc define, at that time, what NRC considers to be "very low levels."

in addition, most licensees cannot predict the exact time of their license termination. However, the NRC agrees that the 10-day half-life is too restrictive.

Moreover, materials with i

less than 65-day half-lives are already authorized by the Ccmmission for decay-in-storage, for example, under 10 CFR 35.92.

Therefore, a 65-day half-life appears to oe a more reasonable and consistent limit.

The rule-has been_

modified accordingly.

It is important to note that the purpose of this recordkeeping rule is to prevent contaminated areas and equipment ~from being l

overlooked at the time of license termination, because of inadequate recordkeeping.

Any large~ amount of licensed material, no matter how short-the half-life, should be properly controlled, surveyed, inventoried, and docu-mented at-all times. At the time of license termination, if-the licensee possesses a sufficient amount of short half-life materials to affect decommissioning, the Commission would expect that the licensee would be able to identify the areas where these materials are used and/or stored.

5.

Comment.

The proposed rule is unduly burdensome and will not ensure-that the stated aim is met. Therefore, the proposed rule should be withdrawn and problems thatihave been identified should be solved-by existing methods,-

such as during routine inspections,.under the current requirements, such as-

-decommissioning regulations (10 CFR Part 30.35)-and 10 CFR Part 20, Subpart M, 8

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l and through real time inspection and enforcement programs.

At some. large research institutions, the burdens created by the proposed regulation would be very significant because activities with small amounts of radioactive materials are conducted in numerous rooms and buildings.

Response.

The Commission has carefully considered the comments received and reviewed the impact of the propo:ed rule.

The discussed changes have been made to minimize the recordkeeping burden without diminishing the effectiveness of the rule.

In addition, aside from the required list of previous and current restricted areas designated in the proposed rule, the final rule requires only the list of areas outside of restricted areas that require documentation (records) in the existing rule under il 30.35(g)(1),

40.36(f)(1), 70.25(g)(1), and 72.25(g)(1) for spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site.

Further, these records may be limited to instances when contamination remains after any cleanup procedures or when there is rea.onable likelihood that contaminants may have spread to inaccessible areas.

The NRC regards remaining contamination as anything above the NRC's most current residual radiotetivity criteria for allowing release for unrestricted use.

Rulemaking activities for specifying residual radioactivity limits for site cleanup are presently underway. As a result of these changes, only those areas and equipment that need to be surveyed by the NRC prior to license termination are now required to be listed. One comment from a large research institution noted that licensed activities and work locations changed on a frequent basis, and over time, rocas were renumbered or even disappeared.

Although this rule only requires a list of previously restricted areas, it is prudent for all licensees to retain records of general historical information 9

e to support decisions by the licensee and the Commission on what decommissioning actions are necessary to release a facility for unrestricted use. Detailed records required by the regulations and other general information are often needed to determine how closely various areas must be surveyed to verify that they are suitable for unrestricted use. This information also may be needed to respond to allegations that certain decommissioning actions may not have been adequate to protect public health and safety. Therefore, in addition to the specific records required by this rule, all licensees are encouraged to maintain records of general information that will allow them to produce an accurate historical account of all licensed activities conducted during the life of the facility.

As a practical matter, the current regulations do not provide the assurance that all areas that need to be surveyed will be identified. This rule provides that assurcace.

As now modified, this rule applies to those areas of actual or potential contamination, whether restricted areas or areas outside of restricted areas, that the licensee would be expected to identify.

6.

Comment.

The requirement to list, in a single document, is redundant and too restrictive.

Listing should allow reference to other records.

Com6, enters stated that licensees already have the required information under existing NRC regulations and license conditions. Although not in a specific listing, the information can be obtained from the licensee's existing records.

Coementers also stated that the proposed requirement for a single document is too restrictive and that the current NRC decommissioning recordkeeping requirement (e.g.,10 CFR 70.25(g)) already requires licensees to keep decommissioning records "in an identified location."

Certain 10 1

documents kept by the licensee at various locations for decommissioning purposes (e.g., as-built drawings submitted with original licenst snolication, results of wipe tests, etc.) need not be duplicated by the licensee at the central location but only referenced to their locations from a central location. These commenters further stated that to require that records be maintained in a single document will impose an unnecessary burden on licensees who must create a new document containing information found in other documents.

Response.

Although the required information may be redundant because the information contained in the " single document" may exist in other licensee records, this information may not be in a form either readily available for

- -.d inspection, or more important, to facilitate a confirmatory survey prior to license termination.

In addition, information needed in the " single document" can be lost over a period of time because there is consequently no specific requirement for the licensee to create or maintain such a record until the end of the license.

This was one of the points made at the hearing before the Energy and Environment Subcommittee of the House Committee on Interior and

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Insular Affairs, chaireo by Congressman Mike Synar of Oklahoma (held on August 3, 1989). Thus, to assure that the needed information both exists and is available, the NRC is requiring the subject list and that it be a single document.

7.

Commen1 The proposed 10 CFR 30.35(g)(3)(i) which requires a listing of "all onsite areas designated or formerly designated as restricted areas" should include an indication of the type of material used in each of these areas.

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Response.

The Commission does not believe that it is necessary to include this information in the list required by this rule.

The documentation requirements currently contained at 10 CFR 30.35(g)(1) and corresponding sections under 10 CFR Parts 40, 70, and 72, already require the information for situations the NRC considers appropriate, including spills and unusual occurrences.

8.

Comment. The proposed requirement under 10 CFR 30.35(g)(3)(ii) is inconsistent because licensees are required to list all onsite areas, other than restricted areas, for radioactive materials in quantities greater than a certain threshold amount (i.e., new Part 20 Appendix C values), yet this same amount for certain materials (e.g.,1-125) can be exempt under 10 CFR 30.71, Schedule B.

Therefore, to reduce the size of the " single document" and to be consistent with current requirements, it was proposed that the threshold amount be increased ten (or 100) times.

Resognse.

Upon consideration of this comment, the NRC has concluded that only areas outside of the licensee's restricted areas that actually have 7

been contaminated by these materials in a way that affects decommissioning need be listed.

Any areas contaminated above the NRC unrestricted area release criteria outside of the licensee's restricted areas and covered under 10 CFR 30.35(g)(1) and corresponding sections of 10 CFR Parts 40, 70, and 72 would require inclusion in the list as discussed earlier under Comment 5.

The NRC notes that the small quantities of material listed in 10 CFR 20.71, Schedule B, can only be distributed for certain uses by a licensee holding a distribution license pursuant to 10 CFR 32.18.

Persons possessing such material are exempt from the regulations pursuant to 10 CFR 30.18.

Distribution licenses under 10 CFR 32.18 authorize distribution of exempt 12 1

materials in approved chemical / physical forms for. specified purposes-only.

Manufacturers of-byproduct materials are strictly. prohibited under1 10 CFR 30.-18, from distributing radioactive materials to the general public, no matter how small the quantity, without the NRC approving the intended application of the material on a case-by-case basis.

9.

Comment. The proposed requirements under 10 CFR 30.35(g)(3)(iii)_-

are inconsistent with other regulatory requirements because licensees would be required to keep records of all incidents requiring reports as specified in 10 CFR 30.50(b)(1) or-(4), and yet under current 10 CFR 30.35(g)(1), records of spills or other unusual occurrences in restricted areas may be " limited to instances when contamination remains after any cleanup procedures..."-

Response.

The NRC agrees that there was an inconsistency between the proposed requirements and current regulations under 10 CFR 30.35(g)(1). The.

1 intent of the proposed s t 30.35(g)(3)(iii) was to ensure that at the time of actual decommissioning, all areas (i.e., restricted areas-as well as unrestricted areas) that may still have contamination resulting from spills or-other unusual occurrences are identified. The NRC agrees with the commenter that the current requirement under 10 CFR 30.35(g)(1)-is sufficient:to handle?

this concern because it covers all onsite areas. Therefore, proposed-s t 30.35(g)(3)(iii) has been deleted from -the final rule, as have proposed 59 40.36(f)(3)(iii) and 70.25(g)(3)(iii).

10. Comment.

Listing of buried waste should include offsite as well as' onsite specification if such waste has not been disposed of in a licensed disposal facility.

Response.

The Commission agrees with this comment. However, 10 CFR 20.2108, " Records of Waste Disposal," already requires that these records be 13

4 1

kept "until the Commission terminates each pertinent license requiring the record." Therefore, the proposed requirement to list "all known locations and radionuclide contents of previous and current burial areas within the site" is not necessary in the final rule.

However, the Commission is concerned that there may be areas outside of the licensee's restricted area containing radioactive materials which have radioactive concentrations greater than levels authorized by the Commission for unrestricted release, which are not considered to be spills.or unusual occurrences, and which are currently not documented under 10 CFR 20.2108 because the licensee either does not consider these materials currently to be waste, or plans to dispose of these materials before the license is terminated.

The Commission is concerned that these areas, if forgotten at the time of license termination, may become de facto areas of onsite disposal of radioactive waste. Onsite disposal would have to be authorized by the NRC per licensee application t der 10 CFR 20.2002, Subpart K and documented.

Therefore, to clarify the original intent of this proposed requirement, 5 9 30.35(g)(3)(iii), 40.36(f)(3)(iii), and 70.25(g)(3)(iii) of the proposed rule have been changed to include in the list:

"All areas outside of restricted areas which contain material so that, if the license expired the licensee would be required to either decontaminate the area to o, restricted release levels or apply for approval for disposal under 10 CFR 20.302 or 20.2002."

The NRC does not believe that similar requirements are necessary for Part 72 licensees, because these licensees are not likely to have processes which would result in contaminated areas arising from situations other than unusual occurrences or spills, which are already covered.

14

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Comment.

Proposed requ'irements under 10 CFR Part 72 should allow

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independent spent fuel storage facilities that had previously held a Part 50

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license to use their Part 50 records (i.e., 50.75(g)) to satisfy the listing requirements.

Re spon s.g.

Current Part 50 licensees will have to apply to the NRC for a separate license if they wish to establish an independent spent fuel storage installation (ISFSI) under 10 CFR Part 72. Whether the Part 72 licensee was-formerly a Part 50 licensee is immaterial to the NRC in determining whether the applicant should get a Part 72 license. The recordkeeping requirement for a Part 72 license (72.18(d)) is similar to that for a Part 50 license (50.75(g)); nevertheless, for the reasons explained in response to Comment 6, this does not allow for an exemption from the provisions of the listing-requirement. Therefore, regardless of whether the Part 72 licensees is also a holder of a Part 50 license, the Part 72 licensee should still provide the required listing.

12.

Comment. A discussion needs to be included about the degree of compatibility this rule will require with respect to the Agreement States.

Resoonse.

The NRC agrees.. In this case,1the Commission believes that there is no reason for strict compatibility,- and that while the Agreement States should have requirements similar to.those being adopted in this-final rule, they should be permitted flexibility to apply more stringent requirements if the States deem them appropriate. Therefore, the Commission proposed a Division 2 matter of compatibility and provided the Agreement L

States an opportunity to comment. The Agreement States generally agreed that L

such a level of compatibility was reasonable.

15 1

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Summary of Final Rule Provisions A.

The final rule contains new requirements applicable to the licensed possession and use of source, byproduct, and special nuclear materials, and independent storagt of spent nuclear fuel and high-level radioactive waste during ongoing facility operations.

Sections 30.35(a)(3). 40.36ff)(3). and 70.25(a)(3).

Except for areas containing only sealed sources or byproduct materials having only half-lives of less than 65 days, or depleted uranium used only for shielding or as penetrators in unused munitions, licensees will be required to establish and maintain a list, contained in a single document.

This list must be updated every 2 years, and include the following:

(i)

All areas designated and formerly designated as restricted areas as defined under 10 CFR 20.3(a)(14) or 20.1003; and (ii)

All areas outside of restricted areas that require documentation under 5 30.35(g)(1) [or 40.36(f)(1) or 70.25 (g)(1).]

(iii)

All areas outside of restricted areas which contain materiai

_ that, if the license expired, the licensee would be required to either decontaminate the area to unrestricted release levels or apply for approval a

• ] for disposal under 10 CFR 20.302 or 20.2002.

Ya Section 72.30(d):

A list contained in a single document.

The list must-be updated every 2 years and include the following:

(i)

All areas designated and formerly designated as restricted areas as defined under 10 CFR 20.3(a)(14) or 20.1003; (ii)

All areas outside of restricted areas that require documentation under s 72.30(d)(1).

16

1 4.

i

-B.

For those licensees who are required;toLsubmit-a decommissioning plan,-new requirements are applicable at the plan submittal and license

- termination stage.

Sections'30.36(c)(2)(iii)(D). 40.42(c)(2)(ii)(D). 70. 38(c ) ( 2) (ii i') (D).

and 72.54(b)(4).

The information required in Section A-(the list of-areas) y above and any other information not required by Section A that is considered:

necessary to support the adequacy of the Decommissioning plan; for approval, Sections 30.36(c)(3). 40.42(c)(3). 70.381c)(3). and 72.56(e)(2).

...and shall include a list containing the location and description of all equipment to remain onsite after license termination that was contaminated when final decommissioning was initiated."

Environmental Impact - Categorical Exclusion The NRC has determined that this. regulation is the type of action-described in categorical exclusion 10 CFR 51.22(c)(3)(ii)- and (iii).

Therefore, neither an environmental. impact statement nor-an environmental _

assessment' has been prepared for this regulation.

Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject-to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

These requirements were approved by the Office of Management-and Budget approval. numbers 3150-0017, 3150-0020, 3150-0009, and 3150-0132, 4

=

17

Public reporting burden for this collection of information is estimated to average 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per licensee response, including the time required reviewing instructions, searching existing data sources, gathering and

]

maintaining the data needed and reviewing the collection of information.

Send comments regarding this burden estimate or any other aspect of this collection of information, includino suggestions for reducing this burden, to the laformation and Records Management Branch (MNBB-7714), U.S. Nuclear Regulatory Commission, Washington, D.C. 20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NE0B-3019, (3150-0017, 3150-0020, 3150-0009, and 3150-0132), Office of Management and Budget, Washington, D.C. 20503, Regulatory Analysis The Commission has prepared a final regulatory analysis for this final regulation.

The analysis examines the costs and benefits of the alternatives considered by the Commission. The Commission requested public comments on the draf t regulatory analysis, but no comments were received.

However, because of comments on the proposed rule amendments, significant changes were made to the final rule amendments which considerably lessen the impact on licensees.

Therefore, the draft regulatory analysis was changed to reflect the modified final rule and its subsequent reduced regulatory impact.

The analysis is available for inspection in the NRC Public Document Room, 2120 L Street, NW.

(Lower Level), Washington, DC.

18

a j

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),

the Commission certifies that this rule, if adopted, will not have a significant impact upon a substantial number of smali entities.

The final rule, contrary to the proposed rule, will only affect a small number of small entities because licensees will not be required to list either sealed sources that do not leak or unsealed licensed materials with half-lives of less than 65 days.

Even for affected small entity licensees, the added requirements would require only a small effort not exceeding approximately 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> to compile the information and create the required list which essentially documents information the licensee already has or will have.

In fact, licensee costs may be reduced to the extent that these requirements allow the license to be terminated more expeditiously.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this rule, because these amendmer.ts do not involve any provisions-which would impose backfits as defined in 10 CFR 50.109(a)(1), and therefore, that a backfit analysis is not required.

19

List of Subjects in 10 LFR Parts 30, 40, 70, and 72 Part 30 - Byproduct material, Criminal penalty, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.

Part 40 - Criminal penalty, Government contracts, Hazardous material -

transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, and Uranium.

Part 70 - Criminal penalty, Hazardous materials - transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.

Part 72 - Manpower training program, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 30, 40, 70, and 72.

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 1.

The authority citation for Part 30 is revised to read as follows:

AUTHORITY:

Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat 444, as amended (42 U.S.C. 2111, 2112, 20 i

-2201, 2232,'2233, 2236, 2282); secs._201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244,'1246, (42 U.S.C. 5841, 5842, 5846).

Section 30.7 also issued under Pub.- L. 95-60'

7. 10, 92 Stat. 2951 (42 U.S.C. 5851).

Section 30.34(b) also issued unw r sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);

il 30.3, 30.34(b), (c), (f), (g) and (i), 30.41(a) and (c), and 30.53 are issued under secs. 161b, 68 St'.t. 948, as amended (42 U.S.C. 2201(b); and il30.6,30.9,30.34(g),30.35(g)(3),30.36,30.51,30.52,30.55,and 30.56(b) and (c) are issueo under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

2.

Section 30.8 is amended by revising paragraph (b) to read as follows:

6 30.8 Information collection requirements: OM8 approval.

(b)

The approved information collection requirements contained in this:

part appear in il 30.15, 30.19, 30.20, 30.32, 30.34, 30.35,- 30.36, 30.37, 30.38, 30.50, 30.51, 30.55, and 30.56.

3.

Section 30.35 is~ amended by redesignating paragraph (g)(3) as paragraph-(g)(4) and adding a new paragraph (g)(3)-to read as follows:

9 30.35 Financial assurance and recordkeeping for decommissioning.

l --

+

(g)

(3)

Except for areas containing only sealed sources or byproduct materials having oniy half-lives of less than 65 days, a list contained in a single document and updated every 2 years, of the following:

(i)

All areas designated and formerly designated as restricted areas as defined under 10 CFR 20.3(a)(14) or 20.1003; and (ii) All areas outside of restricted areas that require documentation under s 30.35(s)(1).

(iii) All areas outside of restricted areas which contain material so that, if the license expired, the licensee would be required to either decontaminate the area to unrestricted release levels or apply for approval for disposal under 10 CFR 20.302 or 20.2002.

4.

Section 30.36 is amended by redesignating paragraph (c)(2)(iii)(D) as (c)(2)(iii)(E), adding a new paragraph (c)(2)(iii)(D), and revising paragraph (c)(3) to read as follows:

9 30.36 Expiration and termination of licenses.

(c)

(2)

(iii) *

(D)

The information required in s 30.35(g)(3) and any other information required by 5 30.35(g) that is considered necessary to support the adequacy of the decommissioning plan for approval; 22

4 m

(3)

!Upon approval of the decommissioning plan by the Commission, the licensee shall-complete decommissioning in accordance with the approved plan.

~

As a final step.in decommissionin9,- the licensee shall again submit the information required in paragraph (c)(1)(v) of this section, shall certify the disposition of accumulated wastes from decommissioning, and shall include a list containing the location and description of all equipment to-remain onsite after license termination that was contaminated when final decommissioning was initiated.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL 5.

The authority citation for Part 40 is revised to read.as follows:

AUTHORITY: Secs. 62, 63, 64,_65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953,-954, 955, as amended, secs. 11e(2), 83, 6,,-Pub. L. 95-

+

604. 92 Stat. 3033, as amended, 3039, sec. 234, 83, Stat. 444,_as amended (42 U.S.C. 2014(e)(2), 2092,-2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); secs. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244,-1246-(42 U.S.C.

5841, 5842, 5846); sec. -275, 92. Stat. 3021, as amended by Pub. L.97-415, 96-Stat. 2067 (42 U.S.C. 2022).

Section 40.7 also issued Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).

Section 40.31(g) also-issued under sec. 122, 68 Stat. 939 (42-

- U.S.C. 2152). Section 40.46_also issued under sec.--184,_68 Stat. 954,-as

- amended (42 U.S.C. 2234).

Section 40.71 also issued under sec. 187,_68 Stat.

955 (42 U.S.C. 2237).

23 1

9-

-7^

P w

et-r.

m

i For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);

ll 40.3, 40.7(g), 40.25(d)(1)-(3), 40.35(a)-(d) and (f), 40.41(b) and (c),

40.46, 40.51(a) and (c), and 40.63 are issued under sec. 161b, 1611, and 1610, 68 Stat. 948, 949, 950, as amended (42 U.S.C. 2201(b), 2201(i), and 2201(o));

and 19 40.5, 40.9, 40.25(c), (d), (3), and (4), 40.26(c) (2), 40.35(e),

40.36(f)(3), 40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201 (o)).

6.

Section 40.8 is amended by revising paragraph (b).

cad as follows:

9 40.8 Information collection requirements: OMB approval.

(b)

The approved information collection requirements contained in this part appear in 99 40.25, 40.26, 40.31, 40.35, 40.36, 40.42, 40.43, 40.44, 40.60, 40.61, 40.64, 40.65, and Appendix A.

7.

Section 40.36 is amended by redesignating paragraph (f)(3) as paragraph (f)(4) and adding a new paragraph (f)(3) to read as follows:

5 40.36 Financial assurance and recordkee?ing for decommissioning.

(f)

(3)

Except for areas containing depleted uranium used only for shielding or as penetrators in unused munitions, a list contained in a single document and updated every 2 years, of the following:

24

-(i)

All areas designated and formerly designated as restricted area:

as_ defined-under 10 CFR.20.3(a)(14) or_20.1003; (ii) All areas outside of restricted areas that require documentation under i 40.36(f)(1); and (iii) All areas outside of restricted areas which contain material.so that, if the license expired, the licensee would be required to either

-decontaminate the area to unrestricted release levels or apply for approval i

for disposal under 10 CFR Part 20.302 or 20.2002.

i 8.

Section 40.42 is amended by redesignating paragraph (c)(2)(iii)(D) as paragraph (c)(2)(iii)(E), adding a new paragraph (c)(2)(iii)(D), and revising paragraph (c)(3) to read as follows:

6 40.42 Expiration and termination of licenses.

(c)

(2)

(iii) *

(D)

The -information required in l_40.36(f)(3) and any other information required by 9 40.36(f) that is considered necessary to support the adequacy of the decommissioning plan for approval; j

q (3)

Upon approval of the decommissioning plan by:the Commission, the licensee shall_ complete-decommissioning in accordance with-the approved plan.

As a final step in decommissioning, the licensee shall again submit.the information required-in_ paragraph (c)(1)(v) of this section, shall certify the 25 i

---a

disposition of accumulated wastes from decommissioning, and shall include a list containing the location and description of all equipment to remain onsite after license termination that was contaminated when final decommissioning was initiated.

PART 70--DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL 9.

The authority citation for Part 70 is revised to read as follows:

AUTHORITY:

Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2292); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.l(c) and 70.20(a)(b) also issued under sect. 135, 141, Pub.

L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.10155, 10161).

Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 2152).

Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152).

Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.

2077).

Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).

Section 70.61 also issued under secs, 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);

15 70.3, 70.7(g), 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and (b), 70.32(a)(3), (5), (6), (d), and (1), 70.36, 70.39(b) and (c), 70.41(a),

70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec. 161b, 161i, and 1610, 68 Stat. 948, 949, and 950, as 26

__.___-.m_____

amended (42 U.S.C. 2201(b), 2201(i), and 2201(o)); il 70.7, 70.20a(a) and j

(d), 70.20b(c), and (e), 70.21(c), 70.24(b), 70.32(a)(6)

(c), (d), (e), and (g), 70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), and 70.58(a) -(g)(3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C.

2202(i)); and 61 70.5, 70.9, 70.20b(d) and (e), 70.25(g)(3), 70.38, 70.51(b) and (i) 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued u1 der sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

10.

Section 70.8 is amended by revising paragraph (b) to read as follows:

j 70,8 information collection requirements: OMB approval.

(b)

The approved information collection requirements contained in this part appear in 16 70.19, 70.20a, 70.20b, 70.21, 70.22, 70.24, 70.25, 70.32, 70.33, 70.34, 70.38, 70.39, 70.42, 70.50, 70.51, 70.52, 70.53, 70.57, 70.58,

~ 70.59, and 70.60.

11.

Section 70.25 is amended by redesignating paragraph (g)(3) as paragraph (g)(4) and adding a new paragraph (g)(3) to read as follows:

1 70.25 Financial assurance and recordkeeping for decommissioning.

(9)

(3)

Except for areas containing only sealed sources, a list contained in a single document and updated every 2 years, of the following:

27

(i)

All areas designated and formerly designated as restricted areas as defined under 10 CFR 20.3(a)(14) or 20.1003; and (ii) All areas outside of restricted areas that require documentation under 6 70.25(g)(1).

(iii) All areas outside of restricted areas which contain material so that, if the license expired, the licensee would be require 1 to either decontaminate the area to unrestricted release levels or apply for approval for disposal under 10 CFR Part 20.302 or 20.2002.

12.

Section 70.38 is amended by redesignating paragraphs (c)(2)(iii)(0) and (c)(2)(iii)(E) as paragraphs (c)(2)(iii)(E) and (F), adding a new paragraph (c)(2)(iii)(D), and revising paragraph (c)(3) to read as follows:

6 70.38 Expiration and termination of licenses.

(c)

(2)

(iii) *

(D)

The information required in 6 70.25(g)(3) and any other information required by 9 70.25(g) that is considered necessary to support the adequacy of the decommissioning plan for approval; (3)

Upon approval of the decommissioning plan by the Commission, the licensee shall complete decommissioning in accordance with the approved plan.

As a final step in decommissioning, the licensee shall again submit the 28

i

^information_. required in paragraph (c)(1)(v) of this'section, shall certify the-

'j disposition of accumulated wastes from decommissioning, and shall include a-list containing the location and description of all equipment to remain onsite-after license termination that was contaminated when final-decommissioning was initiated.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR' FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE 13.

The authority citation for Part 72 continues 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 amended, _ 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.-100--

203,- 101 Stat.1330-235 (42 U.S.C. :10151,.10152,10153,10155,10157,10161,.

~

10168).

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

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

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

29 l:

}

~

i

r 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 and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and 218(a) 98 Stat. 2252 (42 U.S.C. 10198).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);

i ll 72.6, 72.12, 72.22, 72.24, 72.26, 72.28(d), 72.30, 72.32, 72.44(a),

(b)(1), (4), (5), (c), (d)(1), (2), (e), (f), 72.48(a), 72.50(a), 72.52(b),

72.72(b), (c), 72.74(a), (b), 72.76, 72.78, 72.104,'72.106, 72.120, 72.122, 72.124, 72.126, 72.128, 72.130, 72.140(b), (c),'72.148, 72.154, 72.156, 72.160, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.184, 72.186 are issued under sec. 161b, 62 Stat. 948, as amended (42 U.S.C. 2201(b)); is 72.10(a), (e), 72.22, 72.24, 72.26, 72.28, 72.30, 72.32, 72.44(a), (b)(1),

(4), (5), (c), (d)(1), (2), (e), (f), 72.48(a), 72.50(a), 72.52(b), 72.90(a)-

(d), (f), 72.92, 72.94, 72.98, 72.100, 72.102(c), (d),-(f), 72.104, 72.106, 72.120, 72.122, 72.124, 72.126, 72.128, 72.130, 72.140(b), (c), 72.142,.

72.144, 72.146, 72.148, 72.150, 72.152, 72.154,:72.156, 72.158,~ 72.160, 72.162, 72.164, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.182,-

L 72.184, 72.186, 72.190, 72.192, 72.194 are issued under sec. 1611, 68 Stat.

949, as amended (42 U.S.C. 2202(1)); and s t_ 72.10(e), 72.11, 72.16, 72.22, l

'72.24, 72.26, 72.28, 72.30, 72.32, 72.44(b)(3), (c)(5), (d)(3), (e),- (f),

72.48(b), (c), 72.50(b), 72.54(a), -(b), (c), 72.56, 72.70, 72.72,.72.74(a),

(b),72.76(a),72.78(a),72.80,72.82,72.92(b),.72.94(b),72.140(b),-(c),

(d), 72.144(a), 72.146, 72.148, 72.150, 72.152, 72.154(a),-(b), 72.156, 72.160, 72.162, 72.168, 72.170, 72.172, 72.174,-72.176, 72.180, 72.184, 72.186,-72.192, 72.212(b), 72.216, 72.218, 72.230, 72.234(e) and (g) are:

issued under sec. 1610, 58 Stat. 950,-as amended (42 U.S.C. 2201(o)).

30

P 14.

Section 72.30 is amended by redesignating paragraph (d)(3) as.

paragraph (d)(4) and adving'a new paragraph (d)(3) to read as follows:

6 72.30 Financial assurance and recordkeeping_for decommissioning.

(d)

(3) A list' contained in a single document and updated no less than every 2 years of the following:

(1)

All areas designated and formerly designated as restricted areas a: defined under 10 CFR 20.3(a)(14) or 20.1003; (ii) All areas outside of restricted areas _that' require documentation under 6 72.30(d)(1).

15.

Section 72.54 is amended by redesignating paragraph (b)(4) as.

paragraph (b)(6), adding a new paragraph (b)(4) and revising paragraph (e)(2) to read as follows:

5 72.54 Application for termination of license.

(b)

- (4) The information required in15 72.30(d)(3) and any other:information-required by 9 72.30(d) that is considered necessary to support the adequacy of the decommissioning plan for approval; (e)

(2) The terminal radiation survey and associated documentation demonstrates that the ISFSI and site are suitable for release for unrestricted use and the licensee include a list containing the location and description of i

31 e

m m.

9 all: equipment to remain onsite after license termination that was= contaminated when final decommissioningywas-initiated,-

Dated at Rockville, Maryland, this day:of

,.1992..

For the Nuclear Regulatory Commission.:

p James M. Taylor, Executive Director for Operations.

f i

f..

h r

I 32 l

.1

. c

- Regulatory ~ Analysis-I wm g-,

i'

Regulatory Analysis for Final Rule Amendments to

_10 CFR Parts 30, 40, 70, and 72 Entitled:

Decommissioning Recordkeeping and Licensing Termination:

Documentation Addition Backaround NRC and Agreement State licensees subject to the requirements of 10 CFR Parts 30, 40, 70, and 72 (material licensees) who wish to-terminate their license must decontaminate all contaminated facilities and sites according to requirements contained in the above parts, to levels that will permit their

~

release for unrestricted use before the NRC and Agreement States can authorize termination of the license. Therefore, the licensee's application for license termination, and other records on decommi_ssioning available from the licensee, must contain sufficient information on the residual radioactivity levels:in the licensee's facilities and sites to allow the NRC-and Agreement. States staffs to determine that the licensee's facilities and-sites!can-be released for unrestricted use.

4 However, a potential problem with the completeness of iicensee l --

recordkeeping was noted.in'a GA0 report (GA0/RCED-8-119, May 26,1 1989))and a Congressional hearing chaired by Representative Mike' Synar of Oklahoma in l

August of that year which noted that because of poor or insufficient knowledge l'

as to the location.within a licensee's site where licensed activities were conducted, the NRC conceivably cotid terminate a license and release for

]

unrestricted use, facilities and sites which may be partially contaminated.

Currently NRC requirements on licensee decommissioning recordkeeping are not explicit enough to preclude this possibility. The NRC has tried to the best of its ability, in the development of this rule, to minimize its implementational impact on both the licensee and the NRC while providing sufficient assurance that the NRC (and Agreement States) will have the necessary information required to perform a confirmatory survey for license termination.

A proposed rule constructed to eliminate the problem noted above was published in the Federal Register on October 7, 1991 (56 FR 50524),

Specifically, the proposed rule would have required all onsite restricted or formerly restricted areas and other areas possessing unsealed licenst.d materials above the labeling reporting requirements as specified in the recently revised version of 10 CFR Part 20, Standards for Protection Against Radiation, to be listed in a single document among the licensee's decommissioning records. Also, included in that list were to be the locations and radioactive content of all known onsite waste burial areas, areas where reports were required because of spills or other unusual occurrences involving the spread of contamination in and around the licensee's equipment, facility or site.

For those licensees who are required to prepare and submit a decommissioning plan (major licensees), of which there are a very limited number, the decommissioning plan would have required the above listing, including a list of equipment to be left onsite which are required to be 2

m' L

decontaminated to ' terminate.the license, as _well as-any other recordkeeping.

information the licensee chooses-to support the plan.. Areas that; contained

-short-lived radioactive materials of 10 days or-less half-life, or contained depleted uranium metals used as shielding or as penetrators in unused-munitions, would not have to be listed.

Based on the comments received on the proposed rule, substantive-changes have been made to the final rule.

These changes better ensure that=the m

original objective of this rule is met and at the'same time minimize the implementational burden on the licensee.

Specifically, the final rule has been revised to impose the following requirements on all 10 CFR 30, 40, 70s and 72 NRC and Agreement State licensees as follows:

1.

Areas that contain only sealed sources which--have not leaked or I

byproduct materials with half-lives of less than 65 days need not be listed; 2.

The list needs to be updated every 2 years following:its initial creation; 3.

The requirement-to list burial areas:has been removed because this requirement.is-already contained in the new.10 CFR Part 20. This:has.been-

~

replaced with a requirement to list areas containing materials (exempting 'Part 72 licensees) outside off restricted areas that if the license expired, the licensee would'be required to decontaminate the area to unrestricted. release levels or seek specific' approval for disposalLunder 910 CFR 20.302'or 20.2002; 4.

The requirement to list onsite spills has been removed since these are already covered.in existing regulations; 3

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The criterion fnr a list of areas outside of restricted areas has been changed from those containing radioactive materials in quantities greater than Appendix C in the new Part 20 (labeling requirements) to those areas that require documentation under existing decommissioning regulations as areas in which there have been unusual occurrences or spills that can affect decommissioning; 6.

The scope of the list of equipment to remain onsite following license termination has been narrowed to include only the subgroup of equipment that requires decontamination at the actual time of decommissioning.

Reaulatory Imoact The objective of these requirements is to ensure that the NRC (and Agreement States) have all the information needed to make a determination that a license can be terminated.

If such information is not available at the time of license termination when NRC inspection and review is required, it may delay NRC action, place additional burden on NRC (and Agreement States), as well as place additional burden on the licensee who still has to maintain the facility and license, and continue to pay licensing review and inspection fees. These recordkeeping requirements are within the intent of the original decommissioning requirements (53 FR 24018, June 27, 1988), but as pointed out by the Synar subcommittee, the language of the decommissioning requirements is not explicit enough to provide the level of assurance needed that the full scope, completeness and accuracy of decommissioning information is available.

Under the requirements of the proposeo rule, all current NRC and Agreement State licensees (approximately 23,500) would have been affected.

4

Under the final rule, only 10 CFR 30, 40, 70, and 72 NRC and Agreement State licensees, who possess materials other than sealed sources or byproduct material with half-lives of less than 65 days or depleted uranium used only for shielding or as penetrators in unused munitions will be affected (approximately 3,300 licensees).

This is a substantial reduction in the recordkeeping burden.

The NRC staff estimates that under the final rule, these additional recordkeeping requirements will take the average licensee about 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> over a 5-year term of the license (based on a 10-year operation, i.e., single renewal for conservatism).

This estimate is based on the NRC staff's analysis of a representative institutional licensee.

For this representative licensee, it is estimated that a one-time 5-hour effort would be needed to establish the list primarily by collecting existing records into one listing.

An hour of effort would also be required biannually for each update.

If we assume three license renewals, the licensee would operate the facility for 20 years (many licensees maintain their license through renewal for this period of time).

Over 20 years, the total effort required would be 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> for establishing the initial list and 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> for updates every 2 (5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> for 10 years) years resulting in a 15-hour total effort, or an average effort of 0.75 hour8.680556e-4 days <br />0.0208 hours <br />1.240079e-4 weeks <br />2.85375e-5 months <br /> per year (1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per year for 10 years).

Based on an average hourly recordkeeping cost to a licensee of $45, the staff estimates that the annual compliance burden for all affected licensees (about 3300) to be slightly over $110,000 for the first 20 years.

5

. -.. ~ _ - -

r Host, if not all, of the above cost to the licensee will be recouped at the time of license termination.

This is because with the rule now in place, additional licensee and fiRC staff time will not be wasted on developing at the

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last minute the necessary information the flRC needs to perform a confirmatory survey for license termination.

The additional cost to the licensee (which includes paying for flRC staff time) if the rule were not in place can be estimatedtobe$102,200/ year (1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> 14RCorAgreementStatestafftime;'

I hour licensee supervisory staff time -- both at $126/hr, and 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> licensee clerical staff time at $45/hr).

This is based on assuming the average life of a material licensee to be 20 years.

This means for the l

approximately 3,300 licensees affected by the final rule, approximately 165 licensees will terminato their licenses per year on the average.

Thus, the net annual cost of the rule in place is estimated as $110,000 - $102,200 -

$7,800. However, the $102,200 cost does not include the cost (which can be-significant) to the licensee needed to perform additional site characterization surveys if the required information.under this final rule is

- l not available at the time of licenst termination. When the cost of the above consideration is factored in, the net cost of this rule. is probably insignificant.

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D00. FILE NAME:

REGAN.Cf LONG DISPLAY:

Decomm/ Reg Analysis, Pts 30,40,70,72 CREATED:

AUTHOR:

Carl feldman REVISED:

9/10,14,18/92 10/7,15,16/92 TYPIST:

LCrossland LC IIME:

10:35 a.m.

2:15 p.m.

EXCERPT:

Regulatory Analysis Regulatory Analysis for Final Rule Amendments to 10 CFR Parts 30, 40, 70, and 72 Entitled:

Decommissioning Recordkeeping and Licensing Termination:

Documentation Addition Backaround NRC and Agreement State licensees subject to the requirements of 10 CFR Parts 30, 40, 70, and 72 (material licensees) who wish to terminate their-license must decontaminate all contaminated fccilities and sites-according to requirements contained in the above parts, to levels that will permit.their release for unrestricted use before the NRC and' Agreement States can authorize-termination of the license.

Therefore, the licensee's application for license termination, and other records on decommissioning available from the licensee, must contain sufficient information on the residual radioactivity levels in the licensee's facilities and sites to allow the NRC and Agreement States staffs to determine that the licensee's' facilities and sites ~can be released for unrestricted use.

However, a potential problem with the completeness of licensee recordkeeping was noted in a. GA0. report (GA0/RCED-8-119, May 26, 1989):and.a Congressional hearing chaired by Representative Mike Synar of Oklahoma in 7

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's,.... f The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation 1

Committee on Envirunment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

Enclosed for the information of the Subcommittee is a copy of a notice of a final rulemaking to be published in the faderal Reaister.

The Nuclear Regulatory Commission (NRC) is amending its regulations for nonreactor licensees on deco:.vnissioning recordkeeping and license termination documentation.

t These cha:Iges will establish more explicit requirements on decommissioning recordkeeping and license termination documentation to assure that all affected licensees will have the necessary records to thoroughly decontaminate their facilities and sites at the time of decommissioning and provide the NRC with the necessary recordkeeping information needed for the NRC to authorize termination of a license.

2 Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Notice of final Rulemaking cc: Senator Alan K. Simpson

AS II2g['o UNITED STATES

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The Honorable Peter H. Kostmayer, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

Enclosed for the information of the Subcommittee is a copy of a notice of a final rulemaking to be published in the Federal Reaister.

The Nuclear Regulatory Commission (NRC) is amending its regulations for nonreactor licensees on decommissioning recordkeeping and license termination documentation.

These changes will establish more explicit requirements on decommissioning recordkeeping and license termination documentation to ensure that all affected licensees will have the necessary records to thoroughly det.ontaminate their facilities and sites at the time of decommissioning and provtle the NRC with the necessary recordkeeping information needed for the NRC to authorize termination of a license.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Notice of Final Rulemaking cc:

Representative John J. Rhodes

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The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

Enclosed for the information of the Subcommittee is a copy of a notice of a final rulemaking to be published in the Federal Reaister. The Nuclear Regulatory Commission (NRC) is amending its regulations for nonreactor licensees on decommissioning recordkeeping and license termination documentation.

These changes will establish more explicit requirements on decommissioning recordkeeping and license termination documentation to ensure that all affected licensees will have the necessary records to thoroughly decontaminate their facilities and sites at the time of decommissioning and provide the NRC with the necessary recordkeeping information needed for the NRC to authorize termination of a license.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Notice of Final Rulemaking cc:

Representative Carlos J. Moorhead

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NRC AMENDS DECOMMISSIONING RECORDKEEPING AND LICENSE TERMINATION REQUIREMENTS FOR NON-REACTOR LICENSEES 1he Nuclear Regulatory Commission has amended its regulations to require i

certain nonreactor (materials) licensees to maintain the necessary records to ensure that their licensed facilities and sites are adequately decontaminated prior to termination of the license.

At the present time, licensees r would be affected by these amendments are required to keep certain records important to decommissioning in an identified location until the license is terminated.

These records include:

drawings of structures and equipment in restricted areas where radioactive materials were used or stored, docementation identifying the~ location' of-inaccessible residual radioactive contamination and detailed descriptions of spilled radioactive materials that could affect decommissioning.

The Commission believes that the current requirements are'not-sufficiently explicit to permit the NRC to ensure that individual facilities and sites are properly decontaminated before a license is terminated and,_ in -

r particular, to permit adequate assurance that sufficient information will be available in order for the NRC to perform a confirmatory survey, ic

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These concerns were the subject of a General Accounting Office report issued in May 1989 and a Congressional hearing chaired by Representative Mike Synar of Oklahoma in August of that year.

The amendments require material licensees, in addition to existing recordkeeping requirements, to maintain, in a single document, a list of:

(1) all areas designated and formerly designated as restricted areas as defined in Part 20 of the NRC's regulations; (2) all areas, outside of restricted areas, that require documentation for spills or unusual occurrences in the current rule pertaining to decommissioning; (3) all areas outside of restricted areas which contain material (exempting Part 72 licensees) that, if the license were terminated, would require the licenser to either decontaminate or apply for approval for disposal; Areas containing only sealed sources, byproduct materials having enly half-lives of 65 days or less, or depleted uranium used only for shielding or as penetrators in unused munitions are not required to be listed, for those licensees required to submit a decommissioning plan, the single document listing would have to accompany that plan together with any other recordkeeping information that the licensee identifies as important to 3

support the plan.

Moreover, for affected licensees, the location and description of equipment to be left ensite that was contaminated when final decommissioning was initiated would have to be listed (prior to license termination) since such equipment could be a potential sourca of radiation exposure.

Other. licensees, who may not be required to submit a decommissioning plan but from whom additional information is needed, would'be required to submit the information on a case-specific basis.

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EDO Approval for Publication O-

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d STATEMENT OF EXECUTIVE DIRECTOR FOR OPERATIONS APPROVING FINAL RULE FOR PUBLICATION Anorovrf for Publication l

The Commission delegated to the EDO the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.

The enclosed final rule will revise 10 CFR Parts 30, 40, 70 and 72 to add more explicit decommissioning requirements in the areas of recordkeeping and license termination documentation.

This final rule-is issued under general policy guidance from the Commission, does not constitute a significant question of policy _and does not amend regulations contained in 10 CFR Parts 17, 8, or 9 Subpart C concerning matters of policy.

1, therefore, find that this final. rule is within the scope of my rulemaking authority and am proceeding to issue it.

1 Date James M. Taylor Executive Director for Operations g

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NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping Requirements; Office of Management and Budget (OMB) Review AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of the OMB review of information collection.

SUMMARY

The Nuclear Regulatory Commission (NRC) has recently submitted to OMB for review the following-final rule amendments for collection-of information under the provisions of the Paperwork Reduction Act (44 U.S.C.

Chapter 35).

1.

Type of submission, new, revised, or. extension:

Revision 2.

The-title of the information collection: _ 10 CFR Parts 30, 40, 70, and 72; Decommissioning Recordkeeping and License Termination:

Documentation Additions.

3.

The form ' number if applicable:.th)t applicable.

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liow often is the collection required:

Initial update of the decommissioning listing and then no later than orce every 2 years until termination of license.

For those licensees requiring approval of a decommissioning plan, one-time submittal of a list of certain equipment to be left onsite at license termination.

5.

Who will be required or asked to report:

10 CFR 30, 40, 70, and 72 NRC licensees and Agreement State licensees except those who possess only non-leaking sealed sources, or byproduct material with half-life of less than 65 days, or depleted uranium used only for shielding or as penetrators in unused munitions.

6.

An estimate of the number of respondents:

Approximately 3,309 of the approximately 23,500 NRC and Agreement State licensees will maintain the decommissioning listing documentation. An average of 19 licensees annually will submit the list as part of their decommissioning plan.

An average of 22 licensees annually will submit the equipment list at license termination.

7.

An estimate of the number of hours annually needed to complete the requirement or request:

5 initial list,1 every 2-year duration.

Note:

Duration of license is for 5 years resulting in a 5-hour average total response effort (5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> initial list plus 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> for 10 years, averaged over 10 years and multiplied by 5).

2

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

Not Applicable.

9.

Abstract:

The final rule would require materials licensees (exempting the ones who possess sealed sources or byproduct material of less than 65-day half-life) to maintain a list identifying all restricted areas while licensed materials and equipment were used or stored, all areas where documentatica is required in the current decommissioning rule for unusual occurrences or spills, and all areas outside of restricted areas containing material such that if the license were terminated, the licensee would be required to decontaminate the area or seek special approval for disposal.

The final rule also requires some licensees after decommissioning to submit specific information on certain decontaminated equipment that will remain onsite at the time of license termination.

Copies of the submittal may be inspected-or obtained for a fee from the NRC Public Document Room, 2120 L Street, NW. (Lower Level),

Washington, DC, Comments and questions can be directed by mail to the OMB reviewer:

Ronald Minsk Office of Information and Regulatory Affairs (3150-0017, 3150-0020, 3150-0009. 3150-0132)

NE0B-3109 3

Office of Management and Budget Washington, DC 20503 Connents may also be connunicated by telephone at (202) 395-3084.

The NRC Clearance Officer is Brenda Jo. Shelton, (301) 492-8132.

Dated at Bethesda, Maryland, this day of

__ _ _ 1992.

For the Nuclear Regulatory Commission.

Gerald f. Cranford, Designated Senior Official for Information Resources Management.

4

i Office of Management and Budget 1

Washington, DC 20503

- Comments may also be communicated by telephone at (202) 395-3084.

The NRC Clearance Officer is Brenda Jo. Shelton, (301) 492-8132.

Dated at Bethesda, Maryland, this day of 1992.

i for the Nuclear Regulatory Commission.

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

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• See previous concurrence DISTRIBUTION:

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-DCool' SHudson GFehst GCranford DATE:06/19/92 06/19/92

/ /92.

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/ _/92-0FFICIAL RECORD COPY 4

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Supporting Statement for Amendments to 10 CfR Parts 30, 40, 70, and 72 Decommissioning Recordkeeping and License Termination:

Documentation Additions Description of the Information Collection The amendments to 10 CFR Parts 30, 40, 70, and 72 require certain nonreactor (materials) licensees to list in one document (for both NRC and Agreement State licensecs), identification of all restricted areas where licensed materials were used or stored, all areas outside of restricted areas where documentation is required in the current decommissioning rule for unusual occurrences or spills, and all areas outside of restricted areas containing material (exempting Part 72 licensees) such that if the license were terminated, the licensee would be required to decontaminate the area or seek special approval for disposal.

The listing must be retained by the licensee until the license is terminated (information must be collected for the initiation of the listing and then once every 2 years). Users of sealed sources and licensees who possess byproduct material having half-lives of less than 65 days are exempted from the listing requirement.

Prior to license termination, some licensees must submit a list of the location and description of all equipment being decontaminated during decommissioning that is to remain onsite.

For a very limited number of licensees, namely, those that are required to submit to the NRC a decommissioning plan prior to performing decommissioning activities, tne information contained in the required listing document needs to be submitted as part of the plan.

A.

JUSTIFICATION Need for Aaency Use of Information Collection Currently, NRC's rules on decommissioning recordkeeping (10 CFR 30.35(g),

40.36(f), 70.25(g) and 72.30(d)), specifically require licensees to keep certain records important to the safe and effective decommissioning of the facility in an identified location until the litanse is terminated by the Commission. However, these rules are not sufficiently explicit to ensure that all relevant areas of possible contamination will be identified at the actual time of decommissioning.

For example, the licensee is not specifically required to identify areas where licensed materials were stored or used outside of restricted areas, equipment involved in the licensed activity that will remain onsite at the time of license termination or the location and radioactive contents of previous burial sites, in the past, because of incomplete or vague licensee records, some licensee facilities were terminated that subsequently were found to have remaining contamination. The description of the licensee's location where radioactive materials are used is often very general. Moreover, if proper records are not maintained, a loss of corporate memory as to the locations of radioactive contamination may occur.

For these 1

1

d reasons and based on the August 3, 1989, recommendations of the Energy and Environment Subcommittee of the House Committee on Interior and Insular Affairs, chaired by Congressman Mike Synar of Oklahoma, and on the recommendations of the GA0 report RCED-89-119 issued on May 26, 1989, entitled

" Nuclear Regulation:

NRC's Decommissioning Procedures and Criteria Need to be Strengthened" the former NRC Chairman Carr agreed to codify in the regulations provisions which would meet the objective "to list in one document, all land, buildings and equipment involved with their licensed operations."

Accordingly, a proposed rule was published in the Federal Reaister on October 7, 1991, (56 FR 50524) and an OMB approval requested.

Based on the comments received, the final rule has substantially reduced the number of affected i

licensees from approximately 22,500 to approximately 3,300. Note that in the proposed rule only the impacts on NRC licensees were considered.

Since then, it has tentatively been decided that the Agreement States licensees will have at least the same level of compliance.

Exemptions from the rule for sealed sources which do not leak and byproduct material with half-life of less than L

65 days eliminate the major majority of human use licensees from most if not all of these recordkeeping requirements.

The detailed requirements stated in the final rule are designed to meet the above objective as stated in the GA0 report, but at the same time, minimize the documentation burden to-the licensee.

it should be emphasized that one of the objectives of these proposed requirements is to allow both the licensee and the NRC to terminate the materials license as quickly and cost-effectively as possible without compromising health and safety.

This information required by the amendment is information that the licensee has or will have during the licensing operations and it is a simple matter to record such information on a routine basis in a listing.

Currently, the licensee who wishes to terminate a license may not possess the necessary information for NRC to adequately ensure that the_ license can be terminated.

This lack of information could cause further delays in processing the license termination application.

This places additional burden on both the licensee and NRC.

Under the present licensing fee regulations, the licensee will have to pay for the cost of this additional NRC staff work as well as the cost to obtain the necessary information for NRC review.

Thus, the licensee costs-associated with implementing and maintaining the requirements under the final rule should be partially or fully offset by the reduction in additional costs at the time of license termination which can be incurred under current regulation due to the inadequate information being submitted by the licensee.

Sections 30.3519)(3)(fi)-(iii)). 40.36(f)(3)ffi)-fiii)). 70.25(o)(3)(fi)-

(iii))

Requirements are the same for these sections;_that is, byproduct, source, and special nuclear materials licensees. -Licensees are required to list in a single document (to be held by the licensee and updated once every 2 years) identification of all restricted areas where licensed materials'were used or stored, all areas outside of restricted areas where documentation is required in the current decommissioning rule for-unusual occurrences or spills, and all. areas 'outside of restricted areas containing material such that if the license expired, the licensee would be required to decontaminate i

the area or seek special. approval for disposal.

This listing is updated for 2

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1 the life of the license.

This information is needed by the NRC to ensure that no future users of the site will be inadvertently exposed to radiation.

The majority of the approximately 3,300 NRC and Agreement State licensees that are affected would be from the requirements in these sections.

Sections 72.30(d)(3)((i and (ii)):

Part 72 licensees are required to list in a single document to be held by the licensee and updated once every 2 years, identification of all restricted areas where licensed materials were used or stored, and all areas outside of restricted areas where documentation is required in the current decommissioning rule for unusual occurrences or spills. This information is needed by the NRC to ensure that no future users of the site will be inadvertently exposed to radiation.

Sections 30.36(c)(2)(iii)(D). 40.42(c)(2)(iii)(0). 70.38(cil2)(iii)(D). and 72.54(b)(4):

Requirements are the same for these sections:

that is byproduct, source, and special nuclear materials licensees that require a plan and all independent storage of spent fuel and high-level waste licensees (note:

these licensees are all required to have a plan) must submit the recordkeeping documentation listing previously required, and any other required recordkeeping information that the licensee considers necessary to support the adequacy of the decommissioning plan for approval.

This information is needed by the NRC to help approve a licensee's decommissioning plan.

Approximately 19 licensees will be affected annually by these requirements.

The one-time information requirement at the time of license termination under these sections is information which the licensee already has due to the requirements in the above paragraph.

Since the information submitted to the NRC at the time of application for license termination will expedite the NRC review process, this requirement will actually reduce the licensee's paperwork burden at the time of license termination.

This information is needed by the NRC to ensure that no future user of the site will be inadvertently exposed to radiation.

Sections 30.36(c)(3). 40.42(c)(3). 70.38(c)(3). 72.56(e)(2):

Requirements are the same for these sections.

Licensees requiring a plan are required to include a list containing the location and description of all equipment that was contaminated when final decommissioning was initiated that is to remain onsite after license termination.

Since the majority of licensees will not be leaving equipment onsite and those who do will easily be able to identify the equipment of interest, these requirements will be of minimum paperwork burden to the licensee.

This information is needed by the NRC and the Agreement States to ensure that all equipment lef t on site is releasable for unrestricted use and that any future user of such equipment will not be inadvertently exposed to radiation.

Beduction of burden Through,_Information Technoloav The initial listing requirements of sections 30.35(g)(3), 40.36(f)(3),

70.25(g)(3), and 72.30(d)(3) readily lend themselves to the use of automated information technology.

Most licensees use some sort of computerized recordkeeping system (database) and the information required in this listing could be just one more index, entered along with other required recordkeeping information into the existing database.

Depending on the licensee's computer 3

6 database program,. practically all information required in this final rule can i

be stored and/or tracked through information technology if the information collection is complicated.

However, for the great majority of licensees affected, a fairly simple record file should suffice.

Effort to Avoid Duplication The Information Requirement Control Automated System (IRCAS) was searched and i

no duplication was found.

Effort to Use Similar Information There is no similar information available to the NRC.

Effort to Identify Duo 11 cation While occasionally there may be very minimal duplication of information required through other NRC recordkeeping requirements, it is essential to have required information in one document to facilitate the license termination.

Effort to Minimize Small Business Burden The final rule makes already existing requirements more explicit and can be considered as " good practice" whhh the licensee should be doing anyway.

Only minimal recordkeeping burden additions.are ex 3ected. Moreover, the elimination of sealed sources that do not lea ( from the final rule exempts the great majority of small businesses from most if not all of the final rule requirements.

Consecuence of less frecuent Collection 4

This final rule requires that recordkeeping documentation be updated at least every 2 years by the licensee (in his files) to ensure that information that-i is needed by the NRC to-terminate a license is available and that such information that is currently available to the licensee not-be discarded or-misplaced, it is arecisely the less frequent collection of information which brought about the lealth and-safety problems which both the NRC and GA0 have-identified, with cleanup costs far exceeding the cost of the. additional?

recordkeeping requirements, Less frequent collection would not be in the?

public's interest.

Circumstances Which Justify ygiat_ tons From OMB Guidelines

None, l

Consultations Outside the Aaency There have been discussions with the GAO-which culminated in the GA0 Report RCED-89-119, " Nuclear Regulation:

NRC's Decommissioning Procedure and Criteria Need to be Strengthened," May 26, 1989.

1 4

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9 i

There was a hearing before the Energy and Environment Subcommittee of the House Committee on Interior and Insular Affairs, chaired by Congressman Mike Synar of Oklahoma on August 3,1989.

The GAO presented its findings and the Subcommittee made its recommendations.

The NRC Chairman agreed with these recommendations resulting in this final rulemaking.

This final rule will be published in the Federal Reaister.

Eqnfidentiality of Inform _111qn None.

Sensitive Questions None.

5 I

9 I

Estimated Annual Cost to the Federal Government:

Additional cost associated with the inspection effort of ensuring that the l

licensee's documentation listing is being properly maintained is estimated at I

515 per licensee.

Staff effort to review the list submitted for those licensees requiring a decommissioning plan is estimated at $252 per licensee.

i Staff effort to review the list of equipment to be left onsite at the time of license termination is estimated at $126 per licensee.

These costs may be fully negated by the reduced effort required on the part of the staff to-review decommissioning plans and license termination applications.

Currently, considerable effort is devoted.to trying to obtain missing information~ from the licensee.

Estimate of Annual Compliance Burden Recordkeepino Recuirements*

Section No of Licensee Staff +

Total Licensee Annual Recordkeepers Hours to Maintain Burden Recordkeeping Cost Records to Respond

$45/hr***

30.35(g)(3) 2,022 1

2,022 5 90,990

((i)-(iii))

40.36(f)(3) 582 1

582 5 26,190

((i)-(iii))

70.25(g)(3) 696 1

696 5 31.320

((i)-(iii))

$148,500 Total Section 72.30(d)(3)**

9 1

9 5

405

((i)&(ii))

License is renewed every 5 years. Recordkeeping is estimated at 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> for the 5-year period l

(initially 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />, and I hour every 2 years so that a 10-year average gives I hour per year or 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> over 5 years).

Annual average over 5 years.

+

Part 72 licensees are only licensed by NRC.

This annual average is based on the first 10 years. For the second 10-year annual average, these costs would be halved.

l 1

1

mw Estimate of Compliance Burden for Reporting Recuirements Decommissionino Plan Requirements Section No of Licensee Staff Total Licensee Cost to Respond Submittals Hours Per Burden

$126/hr Submittal

• 30.36(c)(2) 3 0

0 0

(iii)(D) 40.42(c)(2) 9 0

0 0

(iii)(D) 70.38(c)(2) 6 0

0 0

(iii)(D) 72.54(b)(4)+

1 0

0 0

The list is already maintained.

No additional burden is anticipated for including it in the decommissioning plan submittal request.

+

Part 72 licensees are only licensed by the NRC.

Licensee Termination Recuirements Section No of Licensee Staff Total Licensee Cost to Respond Submittals Hours Per Burden

$126/hr Submittal 30.36(c)(3) 9 2

18

$2.267 40.42(c)(3) 6 2

12

$1,512 70.38(c)(3) 6 2

12

$1,512

72.56(e)(2)*

1 2

2 252

$5,543 Total Part 72 licensees are only licensed by the NRC.

2

e l

000. FILE NAME:

OMB-CLR.PKG LONG DISPLAY:

Decomm/0MB Clearance Pkg CREATED:

AUTHOR:

Carl feldman REVISED:

9/10,14,18,21/92 10/7,16/92 TYPIST:

LCrossland LC TIME:

11:15 a.m.

2:35 p.m.

EXCERPT:

[7590-01]

NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping Requirements; Office of Management and Budget (0MB) Review AGENCY:

Nuclear Regulatory Commission.

ACTION:

Notice of the OMB Review of Information Collection.

SUMMARY

The Nuclear Regulatory Commission (NRC) has recently submitted to 0MB for review the following final rule amendments for collection 'of information under the provisions of the Paperwork Reduction Act (44 U.S.C.

Chapter 35).

1.

Type of submission, new, revised, or extension:

Revision 2.

The title of the information collection:

10 CFR Parts 30, 40, 70, and 72; Decommissioning Recordkeeping and License Termination:

Documentation Additions.

3.

The form number if applicable: Not applicable.

3

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