ML20128A048

Proposed Rule 10CFR Parts 30,40,70 & 72, Timeliness in Decommissioning of Matls Facilities. Rule Would Amend Regulations to Require Timely Decontamination & Decommisssioning by Nuclear Matl Licensees

ML20128A048
Person / Time
Issue date:	01/07/1993
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-58FR4099, RULE-PR-30, RULE-PR-40, RULE-PR-70, RULE-PR-72 PR-930107, NUDOCS 9302020103
Download: ML20128A048 (52)

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'93 JM 13 P 2 :44 NUCLEAR REGULATORY COMMISSION m

10 CFR Parts 30, 40, 70, and 72 RIN 3150-A085 Timeliness in Decommissioning of Haterials facilities AGENCY:

Nuclear Regulatory Commission.

ACTION:

Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to require timely decontamination and decommissioning by nuclear material licensees. These amendments would establish specific time periods for decommissioning unused portions of operating nuclear materials facilities and for decommissioning the entire site upon termination of operations. =The NRC is also proposing to amend the regulations to require that. licensees provide a description of the conditions of the site as part :of the information--

to be submitted in support of decommissioning plans. The proposed rule is intended to reduce the potential risk to public health and the environment' from radioactive material at such facilities after licensed activities have ceased.

3 /19'l93 DATES: Comment period expires _ (75 days after date.of publication in the'.

Federal Register). Comments received after this.date will be considered if it is practical to do so, but consideration can only be assured if comments are received on or before this date.

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addition, the sites are currently in various' stages of' decommissioning. At some sites, licensees have initiated decommissioning, whereas at other sites, decommissioning has not yet been planned or initiated.

In 1990, the NRC implemented the Site Decommissioning Management Plan (SDMP) to identify and resolvc issues associated with the timely cleanup of-these sites.

The SOMP does no' include mere routine decommissioning cases.

The SDMP has been effective in ensuring coordination and resolution of some of the policy and regulatory issues affecting site decommissioning.

Progress en actual site remediation, however, continues to be slow. The limited _ progress to date prompted the Commission to direct the NRC staff to' initiate actions to accelerate the cleanup of SDMP sites. The staff developed, and on-April 3, 1992, the Commission approved, an Action Plan to describe NRC's case-by-case approach for accelerating remediation of sites listed in the SDMP.

These SDMP contaminated sites are symptomatic of the need for definitive NRC regulations which specify acceptable time periods for decommissioning-i nuclear material facilities when the licensed activities have ceased.

'I f decommissioning is delayed for long periods following-cessation of operations,-

there is a risk that safety practices at the inactive _ facility or-the inactive portion of the operating facility may become lax as key personnel relocate'and management interest wanes, in addition, bankruptcy, corporate takeover, or other unforeseen changes in the company's financial status may. complicate and perhaps further delay decommissioning.

The issuance of a rule to establish timeliness criteria for-decommissioning nuclear materials licensee facilities would avoid future problems resulting!from delayed ' actions on: cleanup.of contaminated inactive 3

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'93 -J!W 13 P2 :44 NUCliiAR REGULATORY COMMISSION 10 CFR Parts 30, 40, 70, and 72. '&

RIN 3150-AD85 Timeliness in Decommissioning of Materials Facilities-I AGENCY:

Nuclear Regulatory Commission.

4 ACTION:

Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to require timely decontamination and decommissioning by nuclear q

material licensees.

lhese amendments would establish specific time periods for decommissioning unused portions of operating nuclear materials facilities and for oecommissioning the entire site upon termination of operations.

The HRC is also proposing to amend the regulations to require that licensees provide-a description of t_he conditions of:the site as part of the information

' to be submitted in support of decomissioning plans; The proposed rule is-intended to reduce the potential risk to public health and the environment' from radioactive material at such facilities after licensed l activities havel ceased.

3 ht9l93 DATES:

Comment period expires (75 days after date of publication in the Federal Register). Comments received after this date will be considered if it-is-practical to do so, but consideration can only be assured if comments are b3'

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received on:or before-this date.

i 930202010".> 930107 PDR-PR f73J0 30 SOFR4099 POR i

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' ADDRESSES: Mail written comments.to: Secretary; U.S. Nuclear Regulatory.

Commission, Washington, DC 20555, Attention: -Locketing and Service Branch.

Deliver comments between 7:45 am and 4:15 pm ori federal workdays to:-

11555 Rockville Pike, Rockville, Maryland, Copies of-the regulatory analysis, the environmental assessment and 3

finding of no significant environmental impact, the supporting statement submitted to OMB, and comments received may be examined at:

the NRC Publici 4

Document Room at 2120 L Street NW. (Lower Level), Washington 00.

FOR FURTHER INFORMATION CONTACT:

Paul J. Kovach, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commis i ', Washington, DC 20555, telephone-(301) 492-3729.

SUPPLEMENTARY INFORMATION:

Background

Over the past several _ years, the Nuclear _ Regulatory Commission (NRC) has identified over 40 nuclear material sites that warrant specialf attention by the Commission.

The sites have buildings,. former waste disposal areas, large 3

l piles of tailir.gs, ground water, and soil contaminated with low levels of

_ uranium or thorium (source material) or other radionuclides, Consequently, they present-varying degrees of rtdiological hazard, cleanup complexity, and:

l cost.

At some sites, licensees are-financially and technically capable of-I completing cleanup in a reasonable.timeframe..whcreas at other sites, the L

licensee or responsible party is unable or unwilling to perform cleanup.

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3-I addition,- the-sitesf are currently ins various. stages-of decommissioning.: At--

some sites, licensees have initiated-decommissioning,' whereas"at *ther sites, P

decommissioning has not-yet been planned or initiated.

In 1990, the NRC implemented the Site Decommissioning Management Plan (SDMP) to identify and resolve issues associated with the timely cleanup of:

these sites.

The SDMP does not include mere routine decommissioning cases.

The SDMP has been effective in ensuring coordination _and resolution-of some-of.

the policy _ and regulatory issues affecting site decomnissioning.

Progress _on-actual site remediation, however, continues to be slow.

The limited progress to date prompted the_ Commission to direct the NRC. staff to initiate actions-.to accelerate the cleanup of SDMP. sites.

The staff _ developed, and on April 3, 1992, the Commission approved, an Action Plan to describe NRC's case-by-case

. approach for accelerating remediation of sites' listed in the SDMP.

These SDMP contaminated sites are symptomatic of the need-for definitive.

NRC regulations which.specify acceptable time periods for decommissioning-l nuclear material facilities when the licensed activities have ceased.

If decommissioning is delayed for long periods following cessation of operations, there is a risk that safety practices at the inactive facility or the inactive portion of the -operating facility may become lax as key. personnel relocate and management interest wanes.

In' addition, bankruptcy, corporate takeover, or L

L other unforeseen changes in the company's financial status may complicate and perhaps further delay decommissioning.

The issuance of a rule to establish timeliness criteria for

-decommissioning nuclear materials licensee facilities would avoid future-

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problems resulting from delayed actions on cleanup of contaminated inactive h

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facilities, and minimize the difficulties associated with' a case-by-case?

1 approach to requiring timely decontamination and ' decommissioning.

Discussion 1

The lack of definitive criteria as to when licenseen shall' commence and complete decommissioning their facilities has resulted in instances where the Commission has had to issue. orders to establish schedules.for timely.

Because. tim 9 1 ness in decommissioning is a generic issue, 1

decommissioning.

the Commission is proposing to amend its regulations to clearly delineate _the licensee's responsibility for timely decommissioning. The proposed rule would provide the needed regulatoryLbasis for compelling decommissioning in a timely manner.

In addition, the proposed rule would place a limit on the time permitted to decontaminate and decommission and place the burden of proof.

directly on the licensce to demonstrate that a. longer period-of time:is required for completing decommissioning.

In developing details _ of these proposed _ requirements, the NRC considered -

whether to impose them on all licensees, or to: limit the requirements only:to' those licensees who,-because of the size of their operations,-nad greater potential for needing significant cleanup before their sites could be fully deconnissioned -- i.e., those licensees covered by the financial-assurance-requirements for decommissioning in 10 CFR 30.35, 40.36, 70.25, and 72.30.

Limiting the application of these requirements would ' affect fewer license'es (approximatelyL1,650 versus 24,000 NRC and Agreement State licensees), whereas applying the proposed rule to all licensees would have the advantage of ensuring that dormant areas with significant levels of contamination will be 4

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I decommissioned, regardless of the size or extent of the licensee's operations, The Commission has determined that the provisions of the rule should extend to all 10 CFR Parts 30, 40, 70, and 72 licensees.

The proposed rule would establish specific requirements for:

(1) timely decommissioning of the entire site at the end of all licensed activity at the site, thereby allowing license termination and release of the site for unrestricted use (i.e., "end-of-license" decommissioning); and (2) timely decommissioning of separate buildings and outdoor areas where licensed activities have ceased while licensed activities continue to be conducted at other site locations (i.e., "end-of-use" decommissioning).

Licenses would be amended to exclude decommissioned buildings or outdoor areas as authorized places of use following satisfactory completion of end-of-use deconnissioning.

The proposed rule would define p_rinsical activities as those activities that are essential to achieving the purpose for which the license was issued or amended. Principal astivities are commonly listed or described in the license under the Authorized Use heading.

Principal activities are defined in the regulation to prevent licensees from avoiding end-of-use decommissioning requirements by using passive activities.

For example, a licensee could not store licensed radioactive material in an otherwise unused building to avoid end-of-use decennissioning, unless storage was a nrin-inal activity for that building as a part of ongoing operations.

The proposed rulemaking clarifies the regulations to address license termination, expiration, revocation, denial of renewal, and their relationship to each other.

In general, a license " expires" when:

(1) the expiration date stated in the license is reached (unless the licensee has appropriately filed for renewal], (2) the Commission revokes the license, or (3) the Commission 5

e formally denies an application to renew the license.

The current rules provide that a license continues in effect until a final Concission determination has been made on the renewal application. The current rules do not specifically address contin.ed authority and responsibility with respect to materiais possessed under the license ur.til the license is terminated by the Commission.

" Expiration of a license, whether voluntary or involuntary, refers to the end of a licensee's authorization to perform licensed activities under the Atomic Energy Act of 1954, as amended, with the exception of a

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1 li.:ensee's continuing authorization to perform licensed activities incident to and necessary for site decontimination and decommissioning.

ticensees with j

e ev.gired licenses must-then decommission pursuant to the time limits and other requirems.its st3ted in tne regulations.

The proposed rule would make clear i

that the decommissioning and timeliness criteria apply to all licensees for whom the authorization to perform licensed activ, Lies has expired, regardless of whether the expiration was voluntary or involuntary, When.the Commission has determined that decommissioning has been completed _in a satisfactory manner, the Commission will relieve the licensee of license obligations by -

terminating the license, All licenses. remain in effect until formally-terminated by the Commission.

The proposed rule would require licenseus' to-submit notification of the existence of inactive buildingt or outcoor areas but would not require them to prcvido notification of the existence of inactive parts of buildings, such as a.

rooms or laboratoclos. To include parts of buildings in the regulation was e

seen as a cumbersome regulatory requirement both for licensees and the NRC without sufficient resultant benefit.

In addition to notification, licensees would be required to initiate decommissioning or,-within 12 months, submit a 6

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decommissioning plan for Commission approval.

Lecontamination or decommissioning of internal building areas is covered undar the normal inspection and licensing process.

If the cleanup involved routine procedures used by the licensee, they would be handled under tha licensee's existing license or radiation safety program.

If the cleanup involved procedures not 1

employed routinely by the licensek, NpC could request additional information-regarding the cleanup.

The time requirements for completing decommissioning consist of time periods bcth for initiating the decomissioning process and for tubsequently completing decommissioning activities.

In determining the appropriate time requirement for initiating decommissionir.g. the NRC staff considered the health 'ind safety benefits to be ubtained by allowing short-lived isotopes to; decay before beginni.sg decommissioning operations', and also tha licensee's-need to make business decisions concerning future use of inactive buildings or out-door areas, in determining the appropriate time requirements for the

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i completion of subsequent decommissioning activities, the WRC staff considered the time needed to plan and safely carry out decommissioning operations. based en previous experience.

1 With regara to initiation of thJ decommissioning proctss, the background infortnation developed for the rulemaking on general requirements for y

decommissioning (63 FR 24018;-June 27,.1988) included an'evalaation of decommicsioning planning and prepaiation requirements for.the wide variety of-i dif ferent sized. operations-licensed under 10 CFR Parts 30. 40, and 70.c That' evaluation indicated that, in general for materials license-fac011 ties, l

further benefits derived from radiological decay are not likely to be g'ained by delaying decommissioning beyond approximately 3 years frem the~date that-7 e

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operations cease. With respect to making business decisions.ca. further use of i

inactive facilities, the Commission considers a period of approximately 24 months to be reasonable. This would permit licensees sufficient time te make decisions concerning future use of an inactive facility, while r

accommodating periods o' inactivity due to normal operationt,, testing, or routine business cycle:-

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Based on tho 24-month tin period considereo reasonable for making business decisions, and considaring that the incremental-benefits due to radioactive decay between th0 second and third years of inactivity.are small,-

the Commission considers a period of approximately 24 months to be a reasonable time neriod to permit a building or outdoor area to remain inactive

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without undergoing decommissioning.

Therefore, the propo:ed rule would i

stipulate that licensees must notify HRC if they have buildings or outdoor j

areas where no princip.Al E.Uy_ili n have been conducted for 24 months.

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Notification would also be required when the license has. expired or when the.

licensea his decided to permanently cease'orincirq1. activities and begin the formal process leading to license termination.

The proposed rule would allow.

j licensees 60 days to provide notification. The propestd rule would require licenseesnotrequired(tosubmitdecommissioningplanstobegin decommissioning'within the 60-day peric'J provided for notification unless the' Commission has granted a delay or postponement.

Licensees required to submit.

decommissioning plans would be required to submit final decommissioning plans within 12 months following notif'ication to cease principal retivities.. The timetables'for required decommissioning activities 'are discussed belcw The Cummission recognizes that licensees may not wish to decommission the site: or separate buildings or outdoor areas when submitting the 8

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i notification described above; thus, the rule would permit licensees to make a request and justify delay or postponement.

Licensees would bc required to submit the request with justification 30 days prior to toe thre notification would have been required as described above.

In pract mi tei.ns, this would j

i mean:

(1) 30 days prior to the license expiration date, or (2) 30 days following the decision to permanently cease princiul activit.in at the site or in separate buildings or outdoor areas, or (3) 30 days following the-end of l

the 24-month time period of inactivity for the site or in separate buildingt, or outdoor areas.

With regard to subsequent completion of decommissioning retivities, licensees who are not required by license condition or existing regulatory requirements to submit a decommissioning plan would be pern'.tted a maximum of 18 months to complete decommissioning.

Licensees who are required to submit a decommissioning plan would be permitted 12 months to prepare and submit the plan and a maximum of 18 months to complete decommissioning following NRC approval of the plan.

The proposed regulations will permit licensees to request the Commission to consider extending the 18-month time limit for deconanissioning.

The Commission will consider site-specific factors on a case-by-case' basis.

Factors that the Commission may consider to be appropriate include:

(1) Availability of waste disposal facilities, (2). Reductions in dose or waste' volume due to radioactive decay, (3) Technical feasibility of decommissioning, (4) Regulatory requirements of other government agencies,l(5)-Lawsuits, (6) Ground-water treatment activities, (7) Monitored natural ground-water restoration, or (8) Other factors that could result'in more invironmental harm than defected clean-up or that are beyono the control of the licensee.:

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O1 Based on the time periods discussed above, the liRC estimates that licensees who are not required to subait decommissioning plans should comr'ete thei. decommissioning activities in approximately 44 months or less af ter cessatinn of operations (i.e., 24 months of inactivity,-60 days for notification, and 18 months to complete decommissioning).

Licensees who are required to submit decommissioning plans would be expected to complete their decommissioning activities in approximately 56 months or less (i.e., 24 months of inactivity, 60 days for notification,12 months to submit a decommissioning plan, and 18 nanths to complete decommissioning).

Commission review and approval of decommissioning plans (estimated to be 6 months or less) would be in addition to the 56-month total.

Uranium recovery licensees consist of conventional mills, concercial and research tnd development in-situ facilities, ore buying stations, and heap-leach facilities.

These sites may contain processing facilities and waste disposai areas.

The sites, other than the waste disposal areas, will:be decommissioned and released for unrestricted use.

The waste disposal areas are reclaimed and, when the specific license is terminated, licensed for long-term care under the general license in 6 40.28.

The current requira, tents for decommissioning and reclamation of these sites are contained in Appendix A to 10 CFR Part 40.

In particular, Criterion 9 of Appendix A requires that there must be a Coinmission-approved plan for:

(1) Decontamint. tion and decommissioning of-mill buildings and the-milling site to levels which allow unrestricted use of these areas upon decommissioning, and 10

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l (2) The reclamation of tailings and waste disposal areas in accordance 4

with technical criteria presented in Section I of Appendix A.

1he effect of the proposed rule would be to require the uranium recovery licensees to notify the Coamission within 60 days when they have

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permanently cea',ed operations or have not conducted operations for 24 months

-i (6 40.42(d)) and to submit a decommissioning plan within 12 months of this notification or license expiration.

The provisions in the proposed i 40.42(g) on the content of a decommissioning plan are consistent with the intent of the decommissioning plan required in Criterion 9 of Appendix A' to-10 CFR Part 40.

Some uranium recovery licensees may require additional timo to conduct final decommissioning and site survey in order to support the

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reclamation of waste disposal areas.

Because waste disposal areas are f.ot released for unrestricted use and Criterion 9 of Appendix A to 10 CFR Part 40 and Subpart T of 40 CFR Part 61 specifical',y require the cubmittal and approval of a timely reclamation plan, the provisions in the proposed rule in 6 40.42(f) for the content of a plan and i 40.42(g) for the timing of completion of the plan do not~ apply _to-the h

B' reclam& tion plan.for the waste disposal areas at uranium recovery fatt11 ties.

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Section 40.42(k) presents the exemption for the waste disposal areas at uranium recovery facilities.

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To coordinate decommissioning of uranium recovery facilities and reclamation of disposal arecs, the Commission may need to extend the date for completion of the decommissioning nian and final radiological survey.until the-reclamatten of the disposal area has been completedi Typically, the

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reclamation of a disposal area may require reveral years of drying, several t

construction seasons; and a period of-stability monitoring prior to the 11 t-

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licensee proposing to termiaate the license.

Requasts for delay in completion-of the final aspects of the decomissioning plan can be accommodated through l

the provisions i: proposed 6 40.12(b).

The Conmission recognizes the fluctuation that has occurr.d in the uranium industry.

The proposed regulation would allow the Commission to j

exttnd the 24-month period of nactivity if the Commission determineo, based on a request by the licensee, that this relief is not detrimental-to the public health and safety and is otherwise in the public interest.

This proposed rule would also clarify requirements for radiological surveys perforned as part of the license termination process.

This proposed rule would clarify that licensees need only submit the final-survey showing that the site or area is suitable-for rele6se for unrestricted use after=

4 decommissioning has been completed.

The Commission-has recognized that entsting requirements may be cor.Jtrued to require two surveys.

However, the.

Commission must be aware of the conditions of the site in order to adequately review and approve a decommissioning plan.

Therefore, a new item has been added to the content of a proposed decommissioning plan which requires a description of the conditions of the site or separate building or outdoor area a

sufficient to evaluate the acctptability of the plan.

This may be a preliminary radiation survey or other types of documentation.which

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t characterize the conditions of the site'.

The existing regulations (72.42(b)) require that applicatiens for renewal of ISFSI and MRS licenses be filed at least 2 years prior to expiration of the existing license. This rulemaking would require licensees to notify the Commission (at-least 2 years prior to license expiration) if an application for renewal will not be filed. The notification requirement, 12 t

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i coupled with the 12-month time period for preparation of the final i

decommissioning plan, is equivalent to the current requirement in i 72.54(a) f 1

for submittal of a plan 1 year before expiration of the license. The requirement also has.the effect of clearly documenting the licensee's decision i

on the future of the site 2 years before license termination, j

This proposd rule would implement tl.e Commission's directive on-metrication that was established on October 7, 1992 (57 FR 46%02).. Reports of rt.diation exposure and exposure rates, dose cnd dose rates are r.nw given using 51 units, with specitel units in parentheses.

This propo'.ed rule does not define radiological criteria for release f or.

unrestricted use.

The ilRC intends to establish these levels in en enhanced participatory rulemahing that will be noticed in the federal' Register, i

e Pending promulgation of the new radiological criteria, lic:insees are expected to comply with current eriteria and practices as described in the NRC Action Plan Ensuring Timely Decommissioning of COMP Sites (57 FR 13380; April 16, 1092),

further information on acceptable f.rtteria may be obtained through the NRC regional er headquarters offices.-

l In keeping with the Commission's April 11, 1991, directivc to the NRC l

l sinff concerning cooperation with. the Agreement States, tha NRC staff discussed its plans for this rulemaking with the Agreement States.

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discussion was held at two open meetings in Wichita, Kansas, on liay.14,1991.-

These meetings were-held to provide information and discussion in conjunction-w'ith the annual-menting of the Conference.of Radiation Cont'rol Program I

a Directors, Inc.

During the meetings,.the questions and comments that were.

raised focused upon the.following:

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1 (1) Wnat licensee types shoJld he CoVbred and Whether all facilities should be covered or only those with significant (but unspecified levels at that time) contamination; (2) The time period that should be allowed for decommissioning and the options for extending the time pericd; and (3) Other procedural questions such as the need for a residual radioactivity rule, related guidance on timelinass, enforcement, etc.

The staff has considered the comments made at the meetings.

The content of the proposed rule and the Olscussion section of this Supplementary r

Information address the concerns raised at the meetings.

The NRC recommends that the rule be made a 0; vision 2 mattcr of compatibility.

Under this level of compatibility, the Agreement States would be expected to adopt a tinieliness in decommissioning rule would be permitted flexibility to apply more stringent requirements i f deemed-appropriate by the State.

- r Although a total of about 24,000 licensees (including both NRC and

- t approximately 16,000 Agreement State. licensees) would be affected by this:

rulemaking, minimal impact is expected upon the 19,700 NRC or Agreement State-

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licensees using only sealed sources or sources with short half-lived material.-

Enforcement The Commission intends to modify Enforcement Policy.in 10 CFR.Part 2, Appendix C, Supplement 6, _such that failure to provide notification or-c

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i considered a severity level 3-violation.

This may subject licensees to civil l

penaltics, including daily civil penalties, for such violations.

Request for Comment Comments are invited on the proposed regulatory text in 10 CFR 30.36.

The paragraphs in the existing regulations that would be revised to establish these criteria and timetables are found in il 30.36(a) - (c), ano 30.37(a);

the sections in the proposed rule being added to establish these criteria and timatables are 30.36(g), (h), (i), and (j).- Sections 30.36(d)-and 30.37(b)-

have been deleted.

A definition of orincipal activities has been added to 5 30.4 The text in the existing regulation in il 30.36(c)(2)(1)(A)-(D),

(c)(2)(iii)(A),(c)(2)(iii)(C),(c)(2)(iii)(D),and30.36(f)(1)-(3)is unchanged (although renumbered).

The text of these paragraphs is included as part of the codified text for clarity, cort.pleteness of presentation, and' ease of amendment.

However, comments are not requested on the provisions of these paragraphs nor will such comments be considered.as part of this proposed!

5 rulema.\\ing.

Similar amendments are being made to i 40.42, 5.70.38 and 72.42.

Specifically, comments are invited on the proposed regulatory text.for these parts. The paragraphs in the existing regulations that would be revised to

. establish these criteria and. timetables are;ll 40.42(a) - (e), and 40.43(a),

The section being added to establish these criteria and timetables are

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40.42(g), (h), (i), (j), and (k). ' Sections 40.42(d) and 40.43(b) have been deleted. A definition of o-incipal activities has been 'added to i 40.4.

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e The text in il 40.42(c)(2)(1)(A)-(D); (c)(2)(iii)(A), (c)(2)(iii)(C),

(c)(2)(iii)(D), and 40.42(f)(I P(3) is unchanged (although renumbered).

The text of these paragraphs is included as part of the codified text for clarity, completeness of presentation, and ease of amendment.

However, comments are i

not requested on the provisions of these paragraphs nor will such comments be contidered as part of this proposed rulemaking.

Similarly, with regard to 9 70.38, comments are invited on the amended regulatory text.

The paragraphs th&t would be revised to establish these criteria and timetables are found in il 70.38(a) - (c) and (f)(S).

The rections being added to establish these criteria and timetables are 70.38(g),

e (h), (i), and (j).

Sections 70'.33(b) and 70.38(d) have been deleted.. A definition of orincioal EtivitJn has been added to 6 70.4.

The text in si 70.38(c)(2)(1)(A)-(D), 70.38(c)(iii)(A),.(c)(iii)(C)-

(E), and 70.38(f)(1)-(3) is unchanged (although renumbered). The text of

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these paragraphs is included as part of the codified. text for clarity, completeness of presentation, and ease of amendment. However, comments are not requested on the provisions of these phragraphs oor will such comments be considered as part of this proposed rulemaking.

- Similarly, with regard to Part 72, comments are. invitid on the_ amended regulatory text which establishes criteria and. timetables for decommiss-loning of independent storage and high leveltaste facilities.

The ptragraphs that-would be revised.to establish these criteria and timetables are found'in i 72.54(a) - (c).

The sections being added to establish these criteria and timetables are 72.54(f)(1), (f)(2), and 72;54 (h). - (1). A definition-of gincipal activities would be added to 6. 72.3. TThe text in 6-72 54(b)(2) -

(c) is unchar.ged (although renumbered). The text of these paragraphs is 16 A.

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4 included as part of the codified text for clarity, completeness of presentation, and ease of amendment.

However, coments are riot requested on the provisions of these paragraphs nor will such comments be considered as part of this proposed rulemaking.

With regard to the timetable estabilshed in 10 CrR-30.3b(b), 40.4E(b),

l 70.38(b) and 72.54(a) for providing tiRC with notification that facilities have been inactive for 24 months, ac well as the requirement that justifications for delaying or postponing initiation of the oer.omissioning-process be filed

- 23 months after cessation of operations, the f.ommission speci'icr.Ily requests comments as to whether these time periods provide f.n adequate balancing of reduction in exposure levels due to 'Jccay and the time needed to make. business-dec;sions regarding inactive buildings or outdoor areas-on a licensee's site, finding of fio Significant Environmental Impar.t:

Availability The Commlssion has determined under the flationall Environmental Policy Act of 1969, as amended, and the Commission's: regulations in Subpart'A'of 10 CFP Part 51, that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment, and therefore, an environmental impact statement is not required.- The proposed action would establish specific requirements for timely decommissioning of nuclear materials facilities.

The proposed ection is directed tc.mproving-the regulatory, licensing, inspection, and enforcement framework relating to those facilities and does not change the underlying fundamental requirerent-to decommission facilities to levels acccptable for unrestricted use.

Thus, this proposed action will not adversely affect the quality of tha human

-17 4)

o, l

envirentent.

The environmental 1ssessment and finding of no significant

{

inp;ct on which this determination is based are available for inspection at the NRC Pabile Document Room, 2120 L Street, NW. (Lower Leval), Washington, DC.

Single copies may be obtained from:

Mr. P. J. Kovach, Office nf Huclear s

Regulatory Research, U.S. N'aclear Regulatory Commission Washingtun, DC 20555, telephone (301) 492-3729.

Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subjcct to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.)..This-rule has been submitted to the Office of Management and Budget for revieu and.

approval of the paperwork requircments.

The public reporting burden for this collection of information is' estimated to average I hour per response, including the time'for reviewing.

instr;ctions, searching existing-data scurces, gathering and mairtaining the data r.eeded,-and completing and reviewing the collection of information.

Send comments regarding this burden estimate o,5 cny other~ aspect of this collection of information, including suggestions for reducing this burden, to the.

Information and Recorris Management Branch-(MNBB-7714), U.S. Naclear Regulatory!

-s

-Commissien, Washington, DC 20555; and to the Desk.0fficer, Off'ce of1 Information and Regt0atory Affaira, NE0B-3019 (3150-0009, 3153-0017, 3150-0020, 3150-0028, and 3150-0132),- Office of Managem?nt and Budget, Washington.:

DC 20503.

19

l I

Regu'iatory Analysis l

The f4RC has prepared a draft regulitory analysis on this proposed regulation.

The analysis axauines the costs ud benefits of the alternatives considered by the f4RC.

The draf t regulatory analysis is available for inspection at the IW, Public Docun.ent Room, 2120 L Street NW. (Lower Level),

Washington, DC.

Single copies of the draf t analysis may be obtained from Mr.

P. J. Kovach, Office of Nuclear Regulatory Research, U.S. Nuclear Reguiatory Commission, kishington, DC 20555, telephone:

('501) 492-3729.

The NRC requests public ccmment on the draft regulatory analysis.

Comments on the draf t analy.cis may be ';ubmitted to the NRC as indicated undcr

'.he ADDRESSES heading.

Regulatury flexibility Certification in accordance with the Regulatory iflexibility Act of 1980 (5 U.S.C.

605(b)), the Commission c.ertifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small eatities.

Tt.e propused rule Wauld ir!. pose requirements for timalv decommissionirg of a site.

Although the proposed rule would include all 24,000 licensees regulateo by the NRC and the Agreement States, decommissioning efforts for liccasees that poscess and use only materials with short half-lives or materials only in sealed sources are rimple and require only that enough time be permitted to either allow short-lived materials to decay or to enable them to properly dispose of their saa',ed sources.

Therefore, the impact of the rule on these liter. eer should lot be signif;caat.

The nct cost to the remaining licensees, 19

estimated to number 4300, is expected to be small based on an analysis of the costs of decommissioning, including wasto disposal.

The analysis irdicates i

that in nearly all cases, the cost of decommiscioning (which includes the costs of waste disposal) would increase if deconnissioning is delayed.

Complete details of the cost analysis are contained in Section 6.2 of the Regulatory Analysis which can be obtained in the manner noted above. At realistic discount ratts, for less than 50 licensees the calculated costs of delaying decommissioning may be lower than for decommissioning in a timely manner.

However, these licensees are not likely to be small entities and, in adoition, there actually may be significant costs of cleanup of secondary contamination if decommissioning is delayed.

1 Although the above discussion indicates that there is not a sitnificant impact on a substantial number of small entities, the NRC is seeking comments

{

and suggested modifications because of the widely differing conditions under which materials licensees operate.

Any entity subject to this regulation which determines that - because of its size, it is likely to baar a disproportionate adverse econnmic impact should notify the Commission of-this in-a comment that indicctes-the following:

(1) The licensee's size and how the proposed regulation would result in a significant= economic burden upon the licensee as compared to the economic burden on a larger licensee.

(2)

How the proposed regulations could be modified to take into account the licensee's differing needs or capabilities.

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(3) 1he benefits that would accrue, or the detriments that would be avoided, if the proposed regulations were modified as suggesttd by the licensee.

(4) liow the proposed regulation, as modified, would more closely equalize the impact of HRC regulations or create more equal access to the benefits of Federal programs as opposed to providing special advt.ntages to any

- 3 individual or group.

(5)

How the proposed regulation, as modified, would st.ill adequately protect public health and safety.

Backfit Analysis The NRC ha: determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule and, therefore, that' a backfit analysis is not required for this proposed rule because these amendments do not involve any provisions which would impose backfits as defined in110 CFR 50.109(a)(1).

l List of Subjects in Parts 30, 40, 70, and 72 Part 30 - Byproduct material, Criminal penalty, Government contracts, e

Intergovernmental relations, Isotopes, Nuclear materials, Radiation 1

protection, Reporting and recordkeeping requirements.-

Part 40 - Criminal penalty, Government contracts, Hazardous materials-transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, and Uranium, 21 n

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e Part 70 - Criminal penalty, Hazardous materials - transportation, 1

Material control and accounting, Nuclear materials, Packaging and containers, j

Radiation protection, Reporting and recordkeeping requirements. Scientific i

equipment, Security measures, Special nuclear material.

Part 77 - Independent storage of spent fuel and high level waste, Manpower training programs, Nuclear materials, Occupational safety and' health, Reporting and recordkeeping requirements, Security measures, and 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. 553, the NRC is proposing to adopt-the following amendments to 10 CFR Parts 30, 40, 70, and 72.

. t PART 30 - RULES-Of GENERAL APPLICA8ILITY TO DOMESTIC i

LICENSING OF BYPRODUCT MATERIAL l.

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

AUTHORITY:

Secs. 81, 82, 16). 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, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat; 1242, as amended, 1244, 1246, (42 U.S.C. 5841, 5B',2, 5846).

Section 30.7 also-issded under Pub. L.95-601, sac 10, 92 Stat. 2951 5

(42 U.S.C. 5851).

Section 30.34(b). also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C.2?34).

Section 30.61 also. issued' under sec.187, 68 Stat. 955 (42 U.S.C._2237).

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2.

In section 30.4 a definition of the term ILrigini ictivities is cdded to read as follows:

% 30.4 Definitions.

EdKip!Ll. AfftiYildts means activities authorized by the license which are essential to achieving the purpote(s) for which the license was issued or x

amended, excluding storage during which no licensed material is accessed for use or disposal and excluding activities incidental to decontamination or decommissioning.

3.

Section 30.36 is revised to read as follows:

5 30.36 Expiration and termination of licenses and decomissioning of sites and separnte buildings or outdoor areas, (a) Each specific license expires at the end of the day on the expiration date stated in the license except when a licensee has filed an application for renewal pursuant to i 30,37 not less than 30 days prior to the expiration date stated in the existing license.

When an application for renewal has been filed at least 30 days prior to the expiration date stated in the existing license, the existing license expires at the end of the day on which the Commission nakes a final determination to deny the renewal 23

application or, if the determination states an expiration date, the expiration date stated in the determination.

(b)

Zach spet.ific license revoked by the Comission expires at the end of the day on the date of the Commission's final determination to revoke the license, or on the expiration date stated in the determination, or as otherwise provided by Commission Order.

(c) Each specific license continues in effect, beyond the expiration-date if necessary, with respect to possession of residual byproduct material present as contamination until the Comission notifies the licensee in writing that the license is terminated.

During this time, the licentse shsil--

(1)

Limit actions involving byproduct material to those related to decommissioning; and (2)

Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the Commission notifies the licensee in writing that the license is terminated.

(d) Within 60 days of the occurrence of any of the following, consistent with the administrative directions in l-30.6, each licensee shall provide notification to the Commission in writing and eitner begin decommissioning its site, or any separate building or outdoor area that contains residual radioactivity, such that the_ builoing or outdoor _ area is unsuitable for release for unrestricted use, or submit within 12 months of notification a decommissioning plan, if rcquired by paragraph (f)(1) of. this section, and begin decommissioning upon approval of that plan if--

(1) The license has expired pursuant to paragraph (a) or (b) of this section; or 24 a-

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(2)

The licensee has decided to permanently cease crincioal activitin, as defined in this part, at the entire site or in any separate building or

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outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release for unrestricted use; or (3)

No pfjncioal activities under the license have been conducted for a period of 24 menths; or (4)

No princioal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual, radioactivity such that the building or outdoor area is unsuitable for release for unrestricted use.

(e) The Commission may grant a request to delay or postpone initiation of the decommissioning process if the Commission determines that such relief is nut detrimental to the public health and safety and is otherwise in the public interest, Such requests shall be submitted no later than 30 days prior to notification pursuant to paragraph (d) of this section,

'Ihe schedule for decommissioning set forth in paragraph-(d) of this section shall not commence until the Commission has made a determination on the request.

9 (f)(1) A decommissioning plan shall be' submitted if required by license condition or if the procedures and activities necessary to carry out decommissioning of the site or separate building or outdoor area have 'not been previously approved by the Commission ~and these procedures could increase l

l-potential health _ and safety impacts to workers or_ to the public, such as_ in L

any of the following cases:

(i)

Procedures would involve techniques not applied routinely during-cleanup or maintenance operations; L

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(ii) Workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation; (iii)

Procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or-(iv)

Procedures could result in significantly greater releases of radioactive material to the environment than those associated with operatione (2) The Commir,sion may approve an alternate schedule for submittal of a decommissioning plan required pursuant to paragraph (d) of this section, if the Commission determines that the alternative schedule is necessary to.the effective conduct of decommissioning operations and presents no undue risk from radiation to the public health and safety and'is otherwise in the public interest.

1 (3)

Procedures such as those listed in paragraph (f)(1) of this section with potential health and safety impacts may not be carried out prior to r

approval of tha decommissioning plan.

)

(4)

The proposed decommissioning plan for the site or separate building 1

or outdoor area must include:

(i) A description of the conditions ofithe site or separate building or outdoor area sufficient to evaluate the acceptability of the pla'n;-

-(ii) A description of planned decommissioning activities; (iii) A description of methods used to ensure protection of workers and

- the environment against radiation hazards during decommissioning; I

(iv)

A description of the planned final radiation survey; and (v) An updated. detailed cost estimate for decommissioning, comparison

.of that estimate with present funds set aside for decommissioning, and. plan i

20

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for assuring the availability of adequate funds for completion of i

deconimissioning, (vi) for decommissioning plans calling for completion of decommissioning later than 18 months after plan approval, the plan shall include a justification for the delay based on the criteria in paragraph (h) of this section.

(5) The proposed decommissioning plan will be approved by the Commission if the information therein demonstrates that the decommissioning will be completed as soon as practicable and that the health and safety of workers and the public will be adequately protected; (g)(1)

Except as provided in paragraph (h) of this section, licensees shall complete decommissioning of the site or separate building or outdoor area as soon as practicable but no later than 18 months following initiation of decommissioning, (2)

Except as provided in paragraph (h) of.this section, when decommissioning involves the entire site, the licensee shall request license termination as soon as practicable but no later than 18 months following initiation of decommissioning, (h) The Commission may approve a-request for an alternative schedule for completion of decommissioning of the site or separate building 'or outdoor area, and license termination if appropriate, if the Commission determines that the alternative is warranted by consideration of the-following:

(1) Whether it is technically feasible to complete decommissioning within the allotted 18-month period; (2) Whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 18-month period; 27

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(3) Whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay; (4) Whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and (5) Other site-specific factors which the Commission may consider appropriate on a case-by-case basis, such as the regulatory requirements of other government agencies, lawsuits, ground-water treatment activities, monitored natural ground-water restoration, actions that could result in more environmental harm than deferred cleanup, and other factors beyond the control i

of the licensee.

(i) As the final step in decomissioning, the licensee shall--

(

(1) Certify the disposition of all licensed material, including accumulated wastes, by submitting a completed NRC Form 314 or equiva'ient information; and (2) Conduct a radiation survey of the premises where the licensed J

activities were carried out t.nd submit a report of the results of this survey, unless the licensee demonstrates that the premises are suitable for release for unrestricted use in some other manner.

The licensee shall, as appropriate--

(i) Report levels of radiation in units of micro gray (microrads).per hour of beta and gamma radiation at one centimeter and gama radiation at one meter from surfaces, and report levels of radioactivity, including alpha, in units of mega becquerels (disintegrations per minute or microcuries) per 100 square centimeters removable and fixed for surfaces, mega becquerels (microcuries) per milliliter for water, and becquerels (picocuries) per gram for solids such as soils or concrete; and 28

l (ii)

Specify the survey instrument (s) used and certify that each instrument is properly calibrated and tested.

(j)

$pecific licenses, including expired licenses, will be terminated by written notice to the licensee when the Commission determines that:

(1)

Byproduct material has been properly disposed; (2) Reasonable effort has been made to eliminate residual radioactive 4-contamination, if present; and (3)(1) A radiation survey has been performed which demonstrates that the premises are suitable for release for unrestricted use; or (ii) Other information submitted by the licensee is sufficient to -

demonstrate that the premises are suitable for release for unrestricted use.

4.

Section 30.37 is revised to read as follows:

3

$ 30.37 Application for renewal of licenses.

(a) Application for renewal of a' specific license.shall be filed on HRC D

form 314 and in accordance with $ 30.32.

(b)

(Reserved) t PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL 5.

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

'l AUTHORITY:

Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932..

L 933, 935, 948, 953, 954, 955, as amended, secs, 11e(2), 83, 84, Pub. L 95-604, l

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92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as. mended (42 U.S.C.

2014(e)(2),2092,2093,2094,2095,2111,2113,2114,2201,2232,2233,2236, 2282); sec. 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).

o Section 40.7 also issued under 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).

6.

In Section 40.4 a definition of the term principal activities is added to read as follows:

5 40.4 Definitions.

Princion1 activities means activities authorized by the license which are essential to achieving the purpose (s) for which the license was issued or-amended, excluding storage during which no-licensed material ~is accessed for use or disposal and excluding activities incidental to decontamination or decommissioning.

30 l ;>.

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7.

Section 40.42 is revised to read as follows:

6 40.42 Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas.

(a) Each specific license expires at the end of the day on the expiration date stated in the license except when a licensee has filed an application for renewal pursuant to 6 40.43 not less than 30 days prior to expiration of the existing license. When an application for renewal has been filed, the existing license expires at the end of the day on which the Commission makes a final determination to deny the renewal application or, if the determination states an expiration date, the cxpiration date stated in the determination.

(b)

Each specific license revoked by the Commission expires at the end of the day on the date of the Commission's final determination to revoke the license, or on the expiration date stated in the determination, or as otherwise provided by Commission Order.

(c)

Each specific license continues in effect, beyond the expiration date if necessary, with respect to possession of residual source material present as contamination until the Commission notifies the licensee in writing that the license is terminated. During this time, the licensee shall--

(1)

Limit actions involving source material to those related to decommissioning; and 31

(2) Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the Commissiot, notifies the licensee in writing that the license is terminated.

(d) Within 60 days of the occurrence of any of the following, consistent with the administrative directions in i 40.5, each licenses shall provide notification to the Commission in writing and either begin decommissioning its site, or any separate building-or outdoor area that contains residual radioactivity, such that the building-or outdoor area is unsuitable for release for unrestricted use, or submit within 12 months of notification a decommissioning plan, if required by paragraph (f)(1) of this section, and begin decommissioning upon approval of that-plan if--

(1)

The license has expired pursuant to paragraph (a) or (b) of _this section; or (2) The licensee has decided to permanently cease princioal activities, as defined in this part, at the entire site er in any. separate building or outdoor area; or (3) No orincipal activities under the license have been conducted for a period cf 24 months; or (4) No principal Activitiet have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release-for unrestricted use..

(e) The Commission may grant a request to delay or postpone initiation of the decommissioning process if the Commission determines that such relief is not detrimental to the public health and safety and-is otherwise in the public. interest.

Such requests shall be submitted no later than 30 days prior 32

to notification pursuant to paragraph (d) of this section.

The schedule for decommissioning set forth in paragraph (d) of this section shall not commente until the Commission has made a determination on the request.

(f)(1) A decommissioning plan shall be submitted if required by license condition or if the procedures and activities necessary to carry out decommissioning of the site or separate building or outdoor area have not been previously approved by the Commission and these procedures could increase potential health and safety impacts to workers or to the public, such as in any of the following cases:

(i)

Procedures would involve techniques not applied routinely during cleanup or maintenance operations; (ii) Workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation; (iii)

Procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or (iv)

Procedures could result in significantly greater releases of radioactive material to the environment than those associated with operation.

(2)

The Commission may approve an alternate schedule for submittal of a decommissioning plan required pursuant to paragraph (d) of this section, if the Commission determines that the alternative schedule is necessary to the 1

effective conduct of decommissioning operations and presents no undue risk from radiation to the public health and safety and is otherwise in the public

'nterest.

33

_m___

(3)

Procedures such at those listed in paragraph (f)(1) of this section with potential health and safety impacts tray not-be carried out~ prior to approval of the decorunissioning plan.

(4) -The proposed decommissioning plan for the site or separate building or outdoor area must include:

(i)

A description of the conditions of the site'or separate building or outdoor area sufficient to evaluate the acceptability of the plan;

~

7 (ii) A description of planned decommissioning activities; (iii) A description of methods used to ent,ure protection of workers and-

+

the environment,against rsdiation hazards during decommissioning; (iv)

A description of the plannt.d final radiation survey; and (v)

An updated detailed cost estimate for decommissioning, comparison of that estimate with present funds set aside for decommissioning, and plan for asstHnp the availability of adequate funds for completion of q

decommisuoning.

For decrmmissioning plans calling for completion nf (vi) a decommissioning later than 18 taonths after plan approval, a justification for the delay based on the criteria in paragraph (h) of this section..

(5) The proposed decommissioning plan will be approved by the-Commission if the information therein demonstrates that the decomissioning will be completed as soon ac practicable and that the health and safety of J

workers and tL public.will be adequately protected.

(g)(1)

Except as provided in paragraph (h).of this section, licensees shall complete decommissioning cf the site or separate' building-or outdoor area as soon as practicable but no later than 18 months following initiation-of decommissioning.

g 34.

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(2)

Except as provided in paragraph (h) of this section, when decommissioning involves the entire site, the licensee, hall request license termination as soon as practicable but no later than 18 months following initiation of decomissioring.

(h) The Commission may approve a request for an alternate schedule for completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate, if the Comission_ determines that the alternative is warranted by consideration of the following:

(1) Whether it is te%nically feasible to complete decommissioning within the allotted 18-month period; (2) Whether sufficient waste disposal capacity is available to allow completion of decomissioning within the ellotted 18-month period; i

i (3) Whether a significant~ volume reduction in vastes requiring disposal will be achieved by allowing short-lived radionuclides to decay; i

(4) Whether a significant reduction in radiation exoosure to wor %rs can be achieved by allowing short-lived radionuclides to decay; and

~

l (5) Other site-specific factors which the Commission may consider appropriate on a case-by-case basis, such as:the regulatory requirements of-l other government agencies, lawsuits, ground-water treatment activities,.

monitored natural ground-water restcration, actions that could result in more environmental harm tha.' deferred cleanup; and other factors beyond the control of the licensee.

(i) As the final step in decommissioning, the licensee shall--

(1) Certify the disposition of all _ licensed mteriali including accumulated wastes, by submitting a completed NRC form 314 or-equivalent' information; and l

35

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(2) Conduct a radiation survey of the premists where the license'd -

activi+.ies were carried out and submit a report of the results of this survey, unlesu the licensee demonstrates that the premises are suitable for release-

-for unrestricted use in some other manner. The lf censee shall, as approprists--

t (i)

Report levels of radiation in units of micro gray (microrads) per hour of beta and garama re.diation at one -contimeter and gamma radiation at-one meter from surfaces, und report levels of radioactivity, including alpha, in.

units of megs becquerels (disintegrations per minute or microcuries) per 100 square centimeters removable and fixed for surfaces, mega becquerei; (microcuries) per milliliter for water, and becquerels (picocuries) per gram-for t,olids such as soils or concrete; and (ii) Specity' the survey instrument (s) used-and _ certify-that each instrument is properly calibrated and tested; (j) Specific licenses, including expired licenses, will' be terminated by written notice to the licensee when the Commission determines'that:-

(1)

Source material has been properly disposed; (2) Reasonable effort has been made to eliminate residual radioactive contamination, if present; and (3)(1) A radiation survey has been performed which comonstrates that-the premises are suitable for release, for unrestricted use; or-(ii) Other information submitted by the licensee is sufficient;to u

demonstrate that the. pre;tiises are suttable for release for unrestricted. use.

(k)

Specific -licenses for uranium milling are 'exemptifrons the content requirements in paragraph (f) of this section and:the timing of completion 4

36

'}l

A requirement in paragraph (g) of this section for the reclamation plar.s1 submitted under Criterion 9 of Appendix A to this Part.

8.

Section 40.43 is revised to read as follows:

5 40.43 Renewal of licenses.

(a) Application for renewal of a specific license shall be filed on'NRC j

Form 313 and in accordance with 5 40.31 of this section.

(b)

(Reserved)

PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLCAR MATERIAL y

q 9.

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

AUTHORITY:

Secs. 51, 53, 161, 162, 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, 2287); secs, 201, as amended,'202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841,'5842, 5845, 5846).

i Sections 70,1(c) and 70.20a(b) also issued under secs.~135, 141;-Pub L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

Sectica 70.7 also issutd under Pub. L,95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).. Section l

10.21(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.

l i

2077).

Sections 70.36 and 70.44 also. issued under sec. 184, 68 Stat. 954, as l

186, 187, 68-l amended (42 U.S.'C. 2234). Section 70.61 also issued under secs.

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Stat. 95S (42-U.I.C. 2236, 2237). 'Section 70.62 also issued under sec. 108,_

68 Stat. 939, as amended (42 U.S.C. 2138).

10-In Section 70.4 a definition of the term printical nr11vities is added to read as follows:

t 70.4 Definitions.

Princioal activititi means activities authorized-by.the license which are assential to achieving the puspose(s) for which the license was issued or _

emended, excluding storage during which ne licensed material isf accessed for use or disposal and excluding activities incidental to decontamination-or k

decommissioning.

s 70.33 [ Amended]

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11.

Section 70.32 is revised by removing andLreserving paragraph (b').

12.

Section 70.38 is revised to _ read as follow::

5'70.38 Expiration and termination of licenses and decommissioning of' sites and separate buildings-or outdoor areas.

m (a) _Each specific license' expires at the end.of the day onEthe.

expiration date stated ~in-the license except when a-licensee has; filed an-3g-4 n

a

8 application for renewal pursuant to 5 70.33 not less than 30 days prior to expiration of the existing license. When an application for renewal has been.

filed, the existing license expires at the end of the day'on which the t

Commission makes a final determination to deny the renewal application or, if the determination states an expiration date, the' expiration date stated in the-determination.

(b) Each specific license revoked try the Commission expires at the end of the day on the date of the Consission's final determination to revoke tne license, or on the expiration date stated in the determination, or as i

otherwise provided by Commission Order.

(c) Each specific license continues in effect, beyond the expiration date if necessary, with respect.to possession of residual special nuclear material pre:ent as contamination until the Commission notifies the licensee in writing that the license is terminated. During this time, the licensee shall--

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(1) Limit actions involving special nuclear material to those related to decommissioning; and (2) Continue to control _ entry to restricted-areas until they are suitable for release for unrestricted use and the Commission notifies the licensee ~in writing that the license'is terminated.

(d) Within 60 days of the occurrence of any of the following, consistent with the administrative directions in s 70.5, each licensee shall 4

- provide notification to the Commission in writing and either begin

- decomnissioning its site, or any separate building or outdoor area that contains residual radioactivity, such that the building or outdoor. area is unsuitable for release for unrestricted use, or. submit within112 months of 39 L

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notification a decommissioning plan, if required by por: graph (f)(1) of this' section, and begin decomissioning upon approval of that plan if:

(1)- The license has expired pursuant to paragraph-(a) or-(b) of this-section; or (2) The licensee has decided to permanently ceas,e principal gl y,Lt.Lqi, i

as defineu in this part, at the entire site or in any separate building or-outdoor area; or (3) No orincipal activities under the license have been conducted for'a P

period of 24 months; or (4) No orin_q,i.pJl activities have been conducted for'a period of 24 months ir any separate building or outdoor area that contains residual

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radioactivity such that the building or outdoor area is unsuitable for release for unrestricted use, (e)

The Comission may grant a r9 quest to deiay or' postponeL iriitiation of the decommissioning process if the Conaission deterdines that'such relief; is not detrimental to +.he public health and safety and is otherwise in,the; public interest.

Such requests thall be submitted no later than'30 days prior to notification pursuant to paragraph (d).of this section. The' schedul e i for-decomissioning sat forth in paragraph (d) of this section shall.not commenee until the Comission has made a determination on the-request.

(f)(1) A decommissioning plan shall be submitted if required by license l

condition or if the procedures and activities necessary to carry out decomissioning of the site or separate building er cutdoor a'rea have not been previously approved by the Commission and these precedures could increase' potential health and safety impacts to workorr or to the public, such as.fn any of the following cases:

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(1)

Procedures would nvolte techniques not applied routinely'during cleanup or maint'enance operations; (ii) dorkers would be entering areas not normally occupied where surface contamir.ation and radiatiori levels are significantly higher than routinely encountered during' operation; (iii) Procedures could result in significantly greater. airborne concentrations of radioactive materials than are present during _ operation; or-(iv) Procedures could result in significantly greater rnleases of, radioactive material to the environment than those associated with operation.

(2) The Commissicn may. approve an alternate schedule for submittal of 'a decommissioning plan required pursuant to paragraph (d) of this section,Lif the Commission determines that the alternative schedule _ is necessary to the effective conduct of deccomissioning operations and presents:ro: undue risk from radiation to the public health and safety and is otherwise in the public interest.

(3) Procedures such as those listed in paragraph (f)(1). of this section-with potei tial health and safety impacts may. not be carried _out prior to-approval of the decommissioning plan, (4)

The proposed deccraissioning plan for the site or separate building-or outdocr area must include-~

(i) A description of the conditions of the site or separate building'org outdoor area sufficient to evaluate the acceptability of the plan;.

(ii) A description'of planned decommissioning activities; (iii) A description-of methods used to ensure ' protection of workers and the environ.nent against radiation hazards during decommissioning; (iv)~

A description of the planned final radletion survey; and' 41

(v)

An updated detailed cost estimate for decommissioning, comparison of 'that estimate with present funas set aside for decommissioning, and plan for assuring the availability of-adequate funds for completion of decommissicaing.

(vi) A description of the physical security plan and material control and recounting plan provisions in place during decommissioning.

(vii) For decommissioning plans calling for completion of decommissioning later than 18 months after plan approval, a justification for the delay based on the criteria in paragraph (h) of this section.

(5) The proposed decommissioning plan will be apprcved by the Commission if the information therein demonstrates that the decommissioning will be completed-as soon as-practical and that the ' health and safety of F

workers and the public will be adequately protected.

(g)(1)

Except as pravided in paragraph (h) of this section, licensees shall complete decommissioning of the site or separate building or outdoor-area as soon as practicable but no later than 18 months fol'.owing initiation of decommissioning.

(2)

Except as provided in parcgraph (h) of this section,.when decommissioning involves the entire site, the licensee shall request license termination as soon as practicable but no later than 18 months following initiation of decommissioning.

(h) The Commission may-approve a request for an alternate schedule for com;1etion of decommissioning of the site or separate building or outdoor area, and license termination if approp;iate, if the Commission determines that'the alternative is warranted by consideration of the following:

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(1) Whethar it is technically feasible to complete decommissioning within the allotted 18-month period; (2) Whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted IS-month period; (3) Whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay; (4) Whether a significant reduction in radiatten exposure to we-kers can be achieved by allowing short-lived radionuclides to decay; and (S) Other site-specific factors which the Commission may censider appropriate on a case-by-case basis, such as regulator / requirements of-other government agencies, lawsuits, ground-water treatment activities, monitored natural ground-water restoration, actions that could result in more environmental harm than deferred cleanup, and other factors beyond the_ control of the licensee, (1) As the final' step in decommissioning, the licensee shall--

(1) Certify the disposition of all licensed material, including Lccunulated wastes, by submitting a completed NRC Form 314 or equivalent information; and (2) Conduct a radiation-survey of the premises whera the licensen j.

activities were carried out and submit a report of the results of this survey, imless the licensee demonstrates that the premises are suitable for release l

for unrestricted'use in some other manner. The licensee shall, as l

L appropriate--

l-L (1)- Report levels of radiation in units.of micrc gray (microrads) per hour of beta and gamma radiation at'one centimeter and gamma radiation at one meter from surfaces, and report levels cf radioactivity, including alpha, in 43 I

f units of megs becque els (disintegrations per minute or microcurits) per-100 square ' centimeters removable:and fixed _ for surfaces, mega Decquerels (microcuries) per milliliter for water, and becquerels (pice:uries).per gram for solids such as soils or concrete; and (ii)

Specify the survey instrumer.t(s) used and certify that each instrument is properly calibrated and tested.

(j)

Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the Commission determines that:

(1) Special nuclear material has been properly disposed; (2)

Reasonable effort has been made to eliminate residual radioactive i

contamination, if present; and (3)(i) A radiation survey has been performed which demonstrates that-the premises are suitable for release for unrestricted use; or j-(ii) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release for nnrestricted use, i

PART 72-LICENSING REQUIREMENTS FOR THE 1NDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADICACTIVE WASTE i

4

13. The authority citation for Part 72 is revised-to read asifollows:

j AUlHORITY: Secs. 51',.53, 57, 52, 63, 65, 69,: 81',161,182,183, - 184, 186, 187, 189, 68' Stat.'929, 930, 932, 933, 934,_935, 948a 953, 954, 955, as-amended, sec. 234, 83 Stat. 444, as; amended (42 U.S.C. 2071,12073, 2077,12092,

.2093, 2095, 2099, 2111, 2201, ?232, 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, 80 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.;5841, 44

i 5842, 5846); Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C, 5851);;sec. 102-ab. L.91-190, 83 Stat, 853 (42 U.5.C. 4332) Secs. 131,-132, 133, 135,-137, 1

l 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, j

l 10168).

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

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

9 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.

10165(g)).

Subpert J also issued under~ secs. 2(2),2(15),2(19),_ll7(a),

n 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 Sec.-218(a) 96 Stat.~2252 (42 U.S.C.

- 10198).

14.

In.E 72.3.- a definition of the terr,; orincipal activities is added to read is follows:

5 72.3 Definitions.

Principal attivities, as used in this part,.means activities-authorized by-the license-which are essential to_ achieving the purpose (s) for which the license was issued or amend 2d, excluding activities incidental to decontamination or decommissioning.

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15. -In i 72.42, a new paragraph (d) is added to read as follows:

1 72.42 Duration of license; renewal.

(d)

Each licensee shall notify the Comraission in writing at least 2 years prior to expiration of its existing lie.ensa if an application for renewal will not be filed pursuant to this section.

16.

Section 72.54 is revised to read as fo11cus:

1 72.54 Expiration and termination of licenses and decommissioning of sites and separate buildings or cutdoor areas.

(a)

Each specific license expires at the end of the day on the expiration date sta;ed in the license'except when a. licensee has-filed an.

application for renew 31 pursuant to f 72.42 not less than 24 months prior to expiration'of the existing license. When an application for renewal has been filed at least 24 months prior to the expiration date-stated'in the existing license, the existing license expires at the end of.the oay on which:the-Commission makes a final determination to deny the renewal application cr,.if-the determination states an expiration datec the expiration date stated-in the determination.

(b)

Each specific license revoked by the Commission expires at.the_end of the day on the date of the Commission's final' determination to revoke' the 46 t

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license or on the expiration date stated in the determination er as otherwise provioed by Comtission Order.

(c)

Each specific license continues ia effect, beyond the expiration date '.f necessary, with respect to possession of licensco esterial present as residual radioactivity until the Connissinn notif tes the licensee 10 writing that the license is terminated. During this time, the licensee shall--

(1)

'imit actions inyciving spent fuel cr other licersed material to those related to decommissioning; and (2)

Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the Commission notifies the licensee in writing that the license is terminated.

(d) As required by 5 72.42(d), or within 60 days of the occurrence of any of the following, consistent with the administrative directions in 6 72.4, each licensee shall notify the Commission in writing, and submit within 12 months of notification, a final decommissioning plan and begin decommissioning upon approval of the plan if--

(1)

The licensee has decided to permanently cease annqjAal attiyltin, as defined in this part, at the entire site or any separate building or outdaar area that contains residual radioactivity such that the building or cuidoor area is unsuitable for release for unrestricted use; or (2) No ptinsical 3crivitin under the license have been conducted for a p9riod of 24 mor.ths; or W ho krjn12Al Agliyjilu have been conducted for a period of 24 months iti eny separate building or outdoor area that contains residual rat'.nactivity such that the building or outdoor area is unsuitable for release for unrestricted use.

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(e)(1)

The Ccmmission may grant a request to delay or postpone initiation of the decommissioning process if the Commission determines that such relief is not detrimental to the public health and safety and is Otherwise in the public interest.

Such requests shall be submitted no later h

than 30 cays prior to notification pursuant to paragraph (d) of this section.

The schedule for decommissioning set forth in paragraph (d) of this section shall not commence until the Commission has made a determination on the request.

(2)

The Commission may approve an alternate schedule for-submittal of the final decommissioning plan required pursuant to paragraph (d). of this section if the Commission determines that the alternate schedule is necessary to the offective conduct of decommissiening operations and presents no undue risk from radiation to the public health and safety, and is otherwise to the public interest.

(f) The proposed final decommissicning plan must include'--

(1)

A description of the current conditions-of-the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan;

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(2)

The choice of the' alternative for decommissioning with a description of the activities involved; i

(3)

A description of-controls and limits on procedures and equipment to' protect occupational and public health and safety; i

(4) A description of the planned final-radiation survey; and (5) An updated detailed cost estimate for the chosen alternative-for decommissioning, comparison of that estimate with present funds-set-aside for-decommissioning, and-plan for assuring the availability of adequate funds for i

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j completion of decommissioning including means!for adjusting cost estimates and associated funding levels over any sturage or surveillance period; and (6) A description of technical specifications and quality assurance provisions in place during decommissioning.

(g)

For final decommissioning plans in which the major dismantlement activities are delayed by first placing-the ISFSI or MRS in storage, planning for these delayed activities may be less detailed.

Updated detailed plans must be submitted and approved prior to the start of such activities.

(h)

If the final decommissioning plan demonstrates that the decommissioning will be completed as soon as practicable,-performed in accordance with the regulations in this chapter, and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested perscns, the Commission will approve the plan subject to such conditions and limitations as it deems appropriate and necessary and issur an order authorizing-decommissioning.

(i)(1)

Except as provided in paragraph (j) of this section, each licensee shall complete decommi;sioning of the-site or separate building or outdoor area as soon-as practicable but no later than 18 months following approval of the final decommissioning plan by the Commission.

(2)

Except as provided in paragraph (j) of this section,'when decommissioning involves the entire site, each licensee shall request license--

termination as scon_ as practicable but no later than 18 months following approval of the final decommissioning plan by the Commission.=

(j) The Commission may approve a request for an alternate schedule for completion of decommissioning of the site or separate' building or outdoor r

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4 area, and license termination if appropriate, if the Commission determines that the alternate schedule is warranted by consideration of the following:

(1) Whether it is technically feasible to complete deconnissioning within the allotted.18-month period; (2) Whether sufficient waste disposal capacity is available to allow comoletion of decommissioning within the allotted 18-month period; (3) Whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay; (4) Whether a significant reduction in radiation txposure to werkers can be achieved by allowing short-lived radionuclides to decay; and-(5) Other site-specific factors which the Commission may concider appropriate on a case-by-case basis, such as regulatory requiren,ents of other government ~ agencies, lawsuits, ground-water treatment' activities, monitored =

natural ground-water restoration, actions that could result in more environmental harm than deferred cleanup, and other factors beyond the control-of the licensee.

(k) As the final step in-decommissioning, the licensee shall--

(1) Certify the disposition _ of all licensed material, including-accumulated wastes, by submitting a. completed NRC-Form 314 or equivalent s.

information; aad (2) Conduct a final radiation survey of the premises where the licensed activities were conducted and submit a report of'the results' of this survey,-

unless the licensee demonstrates that the premises are suitable for release for unrestricted use in some other manner, The licensee shall,_ as.

appropriate--

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4 (i)

Report levels of radiation in units of micro gray (microrads) per hour of beta and gamma radiation at one centimeter and gamma radiation at one meter from surf aces, and report levels of radioactivity, including alpha, in units of mega becquerels (disintegrations per minute or microcuries) per 100 square centimeters removable and fixed for surfaces, mega becquerels (microcuries) per milliliter for wr,ter, and becquerels (picoeuries) per gram for solids such as soils or concrete; and (ii) Specify the survey instrument (s) used and certify that each instrument is properly calibrated and tested.

(1)

Specific licenses, including expired licenses, will be terminated by written notice to the lictnsee when the Comission determines that --

(1) The decommissioning has been performed in accordance with the approved final decommissioning plan and the order autnorizing decommissioning; and (2)(1) A radiation survey has been performed which damonstrates that the premises are suitable for release for unrestricted use; or (ii) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release for unrestricted use.

17.

In 172.86, paragraph (b), is revised to road as follows:

I 5 72.86 Criminal penalties.

1 (b) The regulations in Part 72 that are not issued under Sections 161b, 1611, or 161o for the purposes of Section 223 are as follows:

66 72-.1, 72.2, s

1

J 72.3, 72.4, 72.5, 72.7, 72.8, 72.9, 72.16, 72.18,-~72.20, 72.22, 72.24, 72.26, 72.28, 72.32, 72.34,-72.40; 72.46, 72.56, 72.58, 72.60,.72.62, 72.84, 72.86,4 72.90, 72.96, 72.108, 72.120, 72.122, 72.124, 72.126, 72.128, 72.130,172.182, 72,194, 72.200, 72.202, 72.204,.72.206, 72:210, 72.214, 72.2EO, 72.230, 72.236, 72.238, and 72.240.

<h Dated at Rockville, Maryland, this day of,_Jenuary ~

.. 1993.

a For' the Nuclear Regulatory Commission'.

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C.

Samuel J. Chilk J

' Secretary of th Commission.

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