ML20140C473
| ML20140C473 | |
| Person / Time | |
|---|---|
| Issue date: | 04/11/1997 |
| From: | Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20135F257 | List: |
| References | |
| FRN-62FR26730, RULE-PR-51 AF65-2-023, AF65-2-23, NUDOCS 9704140306 | |
| Download: ML20140C473 (42) | |
Text
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MEMORANDUM T0:
L. Joseph Callan I\\( M - Q Executive Director for Operations PbR FROM:
David L. Morrison, Director /s/ M. Wayne Hodges for Office of Nuclear Regulatory Research
SUBJECT:
DIRECT FINAL RULE TO AMEND 10 CFR 51.60 - REV0 KING THE REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILL LICENSEES AT LICENSE TERMINATION Attached for your signature is a direct final rule, and accompanying proposed rule, to amend 10 CFR 51.60 concerning environmental reports for material licensees.
The Commission, via a memorandum from the Office of the Secretary dated January 29, 1997, advised that they did not object to the staff proceeding with a direct final rulemaking.
This rule is being amended to eliminate a requirement for an environmental report to be submitted by uranium mill licensees at license termination. The staff believes that this change is minor in nature.
The requirement is unnecessary because the licensee must submit applications for license amendments to undertake the reclamation and decommissioning activities that must be completed before the license may be terminated.
Each of these amendments must be accompanied by an environmental report or supplement to an environmental report. An environmental report at the time of license termination would provide no new information nor result in any new decision on the part of the NRC.
A " Direct Final Rule" will be used to allow the cpportunity for public comment.
If no significant issues are raised, the rule becomes final on the specified date.
If a significant issue is raised, the rule reverts to a proposed rule and comments will be evaluated prior to issuing a final rule.
The direct final rule package will also be placed on both the FedWorld Bulletin Board and the RES Rulemaking Interactive Web site at the time it is published in the Federal Reaister to enhance the ability for public input.
The Office of the Chief Financial Officer has reviewed the direct final rule amending 10 CFR 51.60 to eliminate the requirement for the submission of an environmental report by uranium mill licensees at the time of license termination. We find that there are no outstanding resource related issues associated with the direct final rule.
' Attachments:
(with Diskette):
1.
Direct Final Rule 2.
Accompanying Proposed Rule 3.
Daily Staff Notes 4.
Approved for Publication 5.
Congressional Letters 6.
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- MEMORANDUM TO:
L. Joseph Callan
-i Executive Director for Operations FROM:
David L.,Morrison. Director j
L Office of_ Nuclear Regulatory Research i
SUBJECT:
DIRECT FINAL RULE TO AMEND-10 CFR 51.60 - REVOKING THE i
REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILL L
LICENSEES AT LICENSE TERMINATION At'tached for your signature is a direct final rule. and accompanying proposed rule to amend 10 CFR 51.60 concerning environmental reports' for material
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. licensees.
The Commission. via a memorandum from the Office of the Secretary i
dated January 29. 1997, advised that they did not object-to the staff I
proceeding with a direct final rulemaking.
i This rule is being amended to eliminate a requirement for an environmental report to be submitted by uranium mill licensees at license termination.
The staff believes that this change is minor in nature.
The requirement is unnecessary because the licensee must submit applications for license
. amendments to undertake the reclamation and decommissioning activities that must be completed before the license may be terminated.
Each of these amendments must be accompanied by an environmental report or supplement to an environmental report.
An environmental. report at the time of license termination would provide no new information nor result in any new decision on the part of the NRC.
A " Direct Final Rule" will be used to allow the opportunity for public comment.
If no significant issues are raised, the rule becomes final on the l
specified date.
If a significant, issue is raised, the rule reverts to a l
proposed rule and comments will be evaluated prior to issuing a final rule.
l The direct final rule package will also be placed on the FedWorld' Bulletin Board at the time it is publ,Hhed in the Federal Reaister to enhance the l
. ability for public input. /
The Office of the Chief F ancial Officer has reviewed the direct final rule amending 10 CFR 51.60 to eliminate the requirement for the submission of an
/ uranium mill licensees at the time of license environmental report b,that there are no outstanding resource related issues termination. We find L
associated with the irect final rule.
i Attachments:
(w Diskette):
i 1.
Direct Fina Rule i
l 2.
Accompanyipg Proposed Rule i
3.
Daily Staff Notes 4.
Approve 'for Publication 5.
Congre sional Letters
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1 ATTACHMENT 1 i
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i DIRECT FINAL RULE i
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[7590-01-P)
NUCLEAR REGULATORY COMMISSION
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RIN: AF65
-Environmental Report--Materials Licenses AGENCY:
Nuclear Regulatory Commission.
ACTION:
Direct final rule.
SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its regulations to eliminate the requirement that an environmental report be submitted by uranium mill licensees at the time of license termination.
This action i
removes an outdated and unnecessary reporting requirement.
EFFECTIVE DATE:
The final rule is effective (60 days af ter publication in the Federal Register), unless significant adverse comments are received by (30 days after publication in the Federal Register).
A companion Notice of Proposed Rulemaking is published with this final rule. If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES:
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Docketing and Service Branch.
Hand deliver comments to 11555 Rockville Pike, Maryland, between 7:45 a.m. and 4:15 p.m. on Federal workdays.
Copies of any comments received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
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For.information on submitting comments electronically, see the
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discussion under Electronic Access in the Supplementary Information_Section.
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-FOR FURTHER INFORMATION CONTACT:
Joseph J. Mate, Office of Nuclear Regulatory-Researc'h, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6202, or e-mail JJM@NRC.G0V.
SUPPLEMENTARY INFORMATION:
Background
Environmental protection requirements applicable to NRC's domestic licensing and regulatory functions are addressed in 10 CFR Part 51.
Part 51 also establishes' procedures for compliance with the National ~ Environmental Policy Act (NEPA).
According to 10 CFR 51.60, license applicants or licensees I
under '10 CFR Par.t.40- and other parts, who seek approval for a specified list-of actions must file an " Applicant's Environmental Report" or a " Supplement to.
an Applicant's Report." The action specified in 10 CFR 51.60(b)(3) is
" Termination of a license for the possession and use of source material for uranium milling."
As promulgated in 1974, 10 CFR Part 51 required that the Atomic Energy Commission (AEC) consider whether, under the circumstances of a particular facility', the AEC should prepare an environmental impact statement (EIS) or l
environmental appraisal (EA) at license termination, and gave the AEC authority to obtain the necessary information from the licensee.
At that time, few,_if any, uranium mills had been subject to a full NEPA review.
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l Also, there were no statutory or codified rules relevant to the closure of l
l mill tailings sites and ground-water remediation.
Hence, an environmental report by the licensee at the time of license termination was necessary to ensure proper remediation of the site before terminating the license.
The 1
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requirement.for the submission of an environmental report as part of the application for license terminations was created in 1980. However, reporting
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requirements that have come into existence since the mid 1970s cover.ing activities that precede license termination have rendered the requirement for a separate environmental report at license termination unnecessary.
Discussion j
The current decommissioning requirements call for a licensee to submit several environmental reports throughout the process leading up to license termination.
The licensee must submit applications for license amendments to undertake site reclamation and decommissioning activities that must be j
completed before the license may be terminated.
Examples of such activities are decommissioning the mill, reclaiming the tailings, and remediating the ground-water contamination.
These applications must be accompanied by an environmental report or a supplement to an environmental report.
After the reclamation and decommissioning activities are completed, the licensee must submit another license amendment application, again accompanied by the necessary environmental report, requesting removal of the license conditions that required the reclamation and decommissioning work.
The NRC staff reviews i
the application and issues a Technical Evaluation Report (TER) and an Environmental Impact Statement (EIS) or Environmental Assessment (EA)
The NRC staff will conduct a safety and environmental review to ensure that the' proposed actions meet.the requirements in 10 CFR Part 40 before approval of'each such application for a license amendment and license condition requiring the decommissioning and reclamation actions.
Before license termination, the licensee also must comply with site and byproduct material ownership provisions that require ownership of byproduct material and land (including any interests connected to the land essential to ensure the long-term stability of the disposal site) to be transferred to the Federal Government or to the appropriate State Government.
The termination process in effect at the time the rule was originally promulgated has been superseded by a multi-step process of application, reporting, and NRC staff review and approval that leads to the license termination.
The sequence of events outlined above takes a number of years and will. be completed before the licensee can request termination of the license.
Because each step in the sequence requires an environmental report from the licensee, the environmental report that responds to 10 CFR 51.60(b)(3) at the time of license termination is simply a reiteration or summary of information previously submitted by the licensee earlier in the Hence, it does not provide any new information beyond that already process.
submitted in previous reports, nor does its submittal have bearing on any regulatory decision being made.
Elimination of the reporting requirement in l
10 CFR 51.60(b)(3) would not affect the remaining requirements in 10 CFR 51.60, nor would changes be necessary to 10 CFR Part 40 or to Appendix A to l
Part 40.
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b Electronic Access Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board on FedWorld, or directly via the Internet.
The bulletin board may.be accosted using a personal computer, a modem, and one of the commonly
]
I available communications software packages, i
Using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number:
1-800-303-9672.
Communication software parameters should be set as follows:
parity to none, data bits to 8, and stop bits to 1 (N,8,1).
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu."
For further information about options available for NRC at FedWorld, consult the
" Help /Information Center' from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful.
Many NRC subsystems and databases also have a " Help /Information Center" option that is tailored to the particular subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, 703-321-3339, or by using Telnet via the Internet, fedworld. gov.
If using 703-321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting
" Regulatory Information Mall." At that point, a menu will be displayed that l
l has an option "U.S. Nuclear Reguletory Ccmmission" that will take you to the NRC Online menu.
The NRC Onlire area can also be accessed directly by typing
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"/go nrc" at a FedWorld command line.
If you access NRC from.the FedWorld's main menu, you may return to FedWorld by selecting the " Return to FedWorld "
option from the NRC Online Menu.
However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems but you will not have access to the main FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules menu. Although you will be able to download i
documents and leave messages, you will not be able to write comments or upload files (comments).
If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of. files without descriptions (normal Gopher icok).
An index file listing all files within a subdirectory, with descriptions, is included.
There is a 15-minute time limit for FTP access.
A rulemaking site also can be accessed through the NRC's home page on
-the World Wide Web (http://www.nrc. gov).
This site provides the same access to rulemakings as the FedWorld bulletin board, and you will be able to upload files (comments) if that function is supported by your web browser.
For more information on NRC bulletin boards at FedWorld call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD3@nrc. gov.
Information on the Rulemaking Web site can be obtained from Ms. Carol Gallagher, Division of Regulatory Applications, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5905; e-mail CAG@nrc. gov.
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1 Procedural Background The NRC considers this action to be noncontroversial.
Public comment is unnecessary because the amendment relieves a burden on licensees by j
eliminating a requirement that has no regulatory use or implications.
This e
action will become effective on (60 days after publication in the Federal Register).
However, if the NRC receives significant adverse comments within (30 days after publication in the Federal Register) on the companion notice of proposed rulemaking, the NRC will publish a document that withdraws this action.
The NRC will address the comments received in istponse to the proposed revisions that are published concurrently in the Proposed Rules section of this Federal Register.
Such comments, if any, will be addressed in a subsequent final rule.
Because comments are requested on the companion notice of proposed rulemaking, NRC will not initiate a second comment period.
i Environmental Impact: Categorical Exclusion The Commission has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement l
This direct final rule does not contain a new or significantly amended information collection requirement subject to the Paperwork Reduction Act of
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1995 (44 U.S. C. 3501 et seq).
Existing requirements were..pproved by the Office of Management and Budget,. approval number 3150-0027.
'i Public Protection Notification The NRC may.not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid 0MB control number.
Regulatory Analysis i
The NRC staff prepared a regulatory analysis for this final regulation which covered two basic options: take no action and allow the requirement for i
an environmental report at license termination to remain in. the regulations, or eliminate the requirement. The Commission has decided to eliminate the requirement through a direct final rule. This action would eliminate an unnecessary reporting requirement and the associated licensee burden to an estimated 11 licensees over the next 10 years.
Regulatory flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),
the Commission certifies that this rule does not have a significant economic l
. impact upon a substantial number of small entities.
This regulation potentially affects about 30 licensees who operate uranium mills. Only about 11 licensees will be affected over the next 10 years.
The large majority of these licensees do not fall under the definition of small business entities.
Additionally, this change to the regulation will result in a decrease in i
requirements by eliminating a current reporting requirement.
Hence, there is no significant economic impact on any licensee, large or small.
I Backfit Analysis The NRC had determined that the backfit rJ1e, 10 CFR 50.109, does not apply to this rule, and therefore, a backfit aralysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).
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Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a " major rule" and has verified this determination with the Office of Information and Regulatory 1
Affairs, Office of Management and Budget.
List of Subjects in 10 CFR Part 51 Administrative practice and procedure, Environmental impa.ct statement, Environmental regulations assessment and reports, NEPA procedures, Nuclear
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L materials,-Nuclear power plants.and reactors, Reporting and record keeping a,
requirements.
J 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 a'aended, and 5 U. S. C. 552 and 553, the 'NRC is adopting the following amendment to 10 CFR Part 51.
PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS.
The authority citation for 10 CFR Part 51 continues to read as follows:
1.
AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat.
-2951, 2952, 2953, (U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat.
1242, as amended, 1244 (42 U.S.C. 5841, 5842).
Subpart A also issued under National ~ Environmental Policy Act of 1969, secs.102,104,105, 83 Stat.- 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041;. and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C.
2243).
Sections 51'.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub L. 100-203, 101. Stat. 1330-223 (U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C.2021)
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and under Nuclear Waste Policy Act of 1982, sec 121,.96 Stat. 2228 (42 U.S.C.10141).
Sections 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 n
.U.S.C.10134(f)).
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t E 51.60
[ Amended]
1 2.
In s 51.60, paragraph (b)(3) is removed, paragraphs (b)(4), (5), and I
(6) are redesignated as paragraphs (b)(3), (4), and (5), and paragraph (a) is amended by revising the reference " paragraphs (b)(1) through (b)(6)" to read
" paragraphs (b)(1) through (b)(5)."
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e l-Dated at Rockville, Maryland this day of
, 1997.
i For the Nuclear Regulatory Commission.
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l L. Joseph Callan, Executive Director for Operations.
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9 51.60 [ Amended]
2.
In 5 51.60, paragraph (b)(3) is removed, paragraphs (b)(4), (5), and (6) are redesignated as paragraphs (b)(3)
(4), and (5), and paragraph (a) is-amended by revising the reference " paragraphs (b)(1) through (b)(6)" to read
" paragraphs (b)(1) through (b)(5)."
Dated at Rockville, Maryland this day of 1997.
For the Nuclear Regulatory Commission.
L. Joseph Callan, Executive Director for Operations.
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For the Nuclear Regu tory Commission.
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Executive Di ctor for Operations.
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[7590-01-P]
4-NUCLEAR REGULATORY COMMISSION F
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10 CFR Part-51 RIN: AF65 Environmental Report--Materials Licenses i.
AGENCY:
Nuclear Regulatory Commission.
LACTION:
Proposed rule.
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SUMMARY
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to eliminate the requirement-that an environmental report ~must be submitted by uranium mill licensees at the time of license termination.
The 2
t intent of this action is to remove an outdated and unnecessary reporting r'equirement.
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DATE:-Comments on the proposed rule must be received on or before (30 days af ter publication in th'e Federal Register).
ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington,:DC 20555-0001, Attention: Docketing and Service Branch.
Hand deliver comments-to 11555 Rockville Pike, Maryland, between 7:45 a.m. and 4:15 i
p.m. on Federal workdays.
Copies of any comments received may.be examined at the NRC Public Document Room, 2120 L street NW (Lower Level), Washington, DC.
For information on submitting comments electronically, see the 1
discussion under Electronic-Access in the Supplementary Information Section.
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L Joseph J. Mate 0ffice of Nuclear Regulatory j
j FOR FURTHER INFORMATION CONTACT:
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Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, l
l telephone:(301) 415-6202, or e-mail JJM@NRC. GOV.
1 SUPPLEMENTARY-lNFORMATION:
.I For. additional information,. see, the direct final rule published in the f
6 Rules section of this. Federal Register.
Procedural Background-
.The NRC considers this action to be noncontroversial and routine.
We are ' publishing this proposed rule concurrently with a final rule.on the.
subject which will become effective on (60 days after publication in the Federal Register).
However, if the NRC-receives significant adverse comments on the proposed amendment.in this notice by (30 days after publication in the i
l Federal Register), the NRC will publish a document that withdraws the final L
rule.
If the final rule is withdrawn, the NRC will address the comments received in response to the proposed revisions in this notice in a subsequent final. rule.
Absent significant modifications to the proposed revisions-requiring republication, the NRC will not initiate a.second comment period for this action if the final rule is withdrawn.
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Electronic Access l
Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board on FedWorld, or directly via the Internet. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages.
Using a personal computer and modem, the NRC rulemaking subsystem on i
i FedWorld can be accessed directly by dialing the toll free number:
1-800-303-9672.
Communication software parameters should be set as follows:
parity to none, data bits to 8, and stop bits to 1 (N,8,1).
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu."
For further i
information about options available for NRC at FedWorld, consult the
" Help /Information Center' from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and databases also have a " Help /Information Center" option that is tailored to the particular subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial l
phone nu:nber for the main FedWorld BBS, 703-321-3339, or by using Telnet via the Internet, fedworld. gov.
If using 703-321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government ' Administration and State Systems," then selecting I
" Regulatory Information Mall." At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online menu. The NRC Online area can also be accessed directly by typing
. l
I l
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"/go nrc" at a FedWorld command line.
If you access NRC from the FedWorld's main menu, you may return to FedWorld by selecting the " Return to Fedworld "
option from the NRC Online Menu.
However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems but f
you will not have access to the main FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules menu.
Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments).
If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Copher look).
An index file listing all files within a subdirectory, with descriptions, is included.
There is a 15-minute time limit for FTP access.
A rulemaking site also can be accessed through the NRC's home page on the World Wide Web (http://www.nrc. gov).
This site provides the same access to rulemakings as the FedWorld bulletin board, and you will be able to upload files (comments) if that function is supported by your web browser.
For more information on NRC bulletin boards at FedWorld call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD3@nrc. gov.
Information on the Rulemaking Web site can be obtained from Ms. Carol Gallagher, Division of Regulatory Applications, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5905; e-mail CAG@nrc. gov.
l l
l
_4_
I list of Subjects in 10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Environmental regulations assessment and reports, NEPA procedures, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.
l For 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, i
as amended, and 5 U. S. C. 552 and 553, the NRC is proposing to adopt the l
following amendments to 10 CFR Part 51.
l PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS 1.
AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat.
I 2951, 2952, 2953, (U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat.
1242, as amended, 1244 (42 U.S.C. 5841, 5842).
Subpart A also issued under 1
National Environmental Policy Act of 1969, secs.102,104,105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C.
l 2243).
Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs, 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub L. 100-203, i
101 Stat. 1330-223 (U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C.
2021) and under Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. 2228 (42 t
I l
U.S.C. 10141).
Sections 51.43, 51.67,'and 51.109 also issued under fiuclear Waste Policy Act of 1982, sec Il4(f), 96 Stat. 2216, as amended (42 U.S.C..
10134(f)).
s 51.60 [ Amended]
- 2. In s 51.60, paragraph (b)(3) is removed, paragraphs (b)(4), (5), and I
(6) are redesignated as paragraphs (b)(3), (4), and (5), and paragraph (a) is amended by revising the reference " paragraphs (b)(1) through (b)(6)" to read
" paragraphs (b)(1) through (b)(5)."
Dated at Rockville, Maryland this day of
, 1997.
For the Nuclear Regulatory Commission.
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[.JosephCallan, Executive Director for Operations.
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I ATTACHMENT 3 A
DAILY STAFF NOTES
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DAILY STAFF NOTES 0FFICE OF NUCLEAR REGULATORY RES(ARCH Direct final Rule Sianed by E00 J
On
, 1997, the Executive Director for Operations approved a j
direct final rule, and accompanying proposed rule, that amends 10 CFR Part 51,
" Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions." This amendment will eliminate an unnecessary reporting j
requirement from uranium milling licensees at the time of license termination.
l The Commission, via a memorandum dated January 29, 1997, from the Office of the Secretary advised that they did not object to the staff proceeding with the proposed rulemaking plan.
This notice informs the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this direct final rule, and accompanying proposed rule, and proposes to forward it on to the Office of the Federal Register for publication, unless otherwise directed by the Commission.
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i Approved for publication The Commission delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject to the limitations in NRC Management Directive 9.17, Organization and Functions.
Office of the Execut'ive Director for Operations, paragraphs 0213,038, 039, and 0310.
The attached final rule, entitled " Environmental Report--Materials Licenses" amends 10 CFR 51.60 to delete the requirement for the submission of an environmental report from uranium mill licensees at license termination.
The final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning matters of policy.
I therefore find that this proposed rule is within the scope of my rulemaking authority and am proceeding to issue it.
Date L. Joseph Callan Executive Director for Operations
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.I ATTACHMENT 5 l
CONGRESSIONAL LETTERS
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UNITED STATES y
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W ASHINGTON, D.C. 20%'H)o01 e
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i The Honorable Dan Schaefer, Chairman Subcommittee on. Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication and comment the enclosed direct final rule and The proposed amendment to the Commission's rules in 10 CFR Part 51.
amendment, if adopted, would remove the requirement for an environmental This report to be submitted by uraniu'm mill licensees at license termination.
requirement is unnecessary because the licensee must submit applications for license' amendments to undertake reclhmation and decommissioning activities that must be completed before the license may be terminated.
Each of these amendments must be accompanied by an environmental report or a supplement to an environmental report.
The NRC believes this change is minor in nature and will eliminate an outdated and unnecessary reporting requirement on uranium mill licensees.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notices
-Representative Ralph Hall cc:
i
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The Honorable Dan Schaefer, Chairman
)
l Subcommittee on Energy and Power 1
Committee on' Commerce l
United ~ States House of Representatives l
Washington, DC 20515 t
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication and comment the' enclosed direct final rule and proposed amendment to the Commission's' rules in 10 CFR Part 51. The amendment, if-adopted, would remove the requirement for an environmental report to be submitted by uranium mill licensees at license termination.
This requirement is unnecessary because the licensee must submit applications for license amendments to undertake reclamation and decommissioning activities that must be completed before the license may be terminated.
Each of these amendments must be accompanied by an environmental report or a supplement to an environmental report.
The NRC believes this change is minor in nature and
.will eliminate an outdated and unnecessary reporting requirement on uranium i
mill licensees.
I Sincerely, l
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notices cc:
Representative Ralph Hall DISTRIBUTION:
Central f/c RDB r/f EJordan, OEDO J
FCostanzi PKadambi LRiani CGallagher
- DMendiola DOCUMENT NAME: 0:\\ MATE \\5160\\ CONGRESS.LTR *See previous concurrence
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The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce-United States House-of Representatives Washington, DC 20515
Dear Mr; Chairman:
The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication and comment the enclosed proposed amendment to the Commission's rules in 10 CFR Part 51. 'The amendment, if adopted, would remove the requirement for an environmental report to be submitted by uranium mill licensees at license termination.
This requirement is unnecessary because the l
licensee must' submit applications for. license amendments to undertake reclamation and decommissioning activities that must be completed before the
.-license may be terminated.
Each of these amendments must be' accompanied by an
- environmental report or a supplement to an environmental report.
The NRC-believes this change is minor in nature and will eliminate an outdated and l
unnecessary reporting requirement-on uranium mill licensees.
Sincerely, 1
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc:
Representative Ralph Hall L
DISTRIBUTION:
Central f/c l
RDB r/f EJordan, OEDO FCostanzi PKadambi LRiani CGallagher
- DMendiol a DOCUMENT NAME: 0:\\ MATE \\5160\\ CONGRESS.LTR *See previous concurrence To receive a copy of this document, indicate in the box:
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NUCLEAR REGULATORY COMMISSION WASHINGTON D.C. 20565 0001
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The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environmental and Public Works i
United States Senate Washington, DC 20510
\\
Dear Mr. Chairman:
I The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal l
Register for publication and comment the enclosed direct final rule and l
proposed amendment.to the Commission's rules in 10 CFR Part 51. The l
amendment, if adopted, would remove the requirement for an environmental j
report to be submitted by uranium mill licensees at license termination. This
. requirement.is unnecessary because the licensee must submit applications for l
l license amendments to undertake reclamation and decommissioning activities that must be completed before the license may be terminated.
Each of these amendments must be accompanied by an environmental report or a supplement to an environmental report.
The NRC believes this change is minor in nature and will eliminate an outdated and unnecessary reporting requirement on uranium mill licensees.
Sincerely, i
I Dennis K. Rathbun, Director Office of Congressional Affairs l
Enclosure:
j.
Federal Register Notices cc: Senator Bob Graham l
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l The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private i
Property and Nuclear Safety Committee.i Environmental and Public Works j
-United States Senate Washington, DC 20510 l
4
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal l
Register for publication and comment the enclosed direct final rule and l
proposed amendment to the Commission's rules in 10 CFR Part 51.
The amendment, if adopted, would remove the requirement for an environmental i
report ~to be submitted by uranium mill licensees at license termination.
This l
requirement is unnecessary.because the licensee must submit applications for i
L license amendments to undertake reclamation and decommissioning activities that must be completed before the license may be terminated.
Each of these
. amendments must be accompanied by an environmental report or a supplement to 1
an environmental report.
The NRC believes this change is minor in nature and will eliminate an outdated and unnecessary reporting requirement on uranium L
(
mill licensees.
l Sincerely, Dennis K. Rathbun, Director l-Office of Congressional Affairs l
Enclosure:
Federal.egister Notices R
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Central f/c RDB r/f
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DOCUMENT NAME: 0:\\ MATE \\5160\\ CONGRESS.LTR *See previous concurrence To escseve a copy of this document, endicate in the tion: "C" = Copy without attachmentlenclosure
- E" = Copy with attachment! enclosure "N* = No copy
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DATE O2/25/97 03/11/97 03/18!97 03/18i97
/ /97 OFFICE RECORD COPY (RES File Code) RES:
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+
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i The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands. Private Property and Nuclear Safety Committee on environmental and Public Works l
United States Senate Washington, DC 20510
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal l
Register for publication and comment the enclosed proposed amendment to the Commission's rules in 10 CFR Part 51.
The amendment, if adopted, would remove the requirement for an environmental report to be submitted by uranium mill licensees at license termination.
This requirement is unnecessary because the licensee must submit applications for license amendments to undertake
[
reclamation and decommissioning activities that must be completed before the license may be terminated.
Each of these amendments must be accompanied by an environmental report or a supplement to an environmental report.
The NRC l
believes this change is minor in nature and will eliminate an outdated and unnecessary reporting requirement on uranium mill licensees.
Sincerely, i
i l
?
Dennis K. Rathbun, Director Office of Cor,gressional Affairs
)
Enclosure:
Federal Register Notice cc: Senator Bob Graham DISTRIBUTION:
Central f/c RDB r/f EJordan, OED0 FCostanzi PKadambi LRiani CGallagher DMendiola DOCUMENT NAME: 0:\\ MATE \\5160\\ CONGRESS.LTR
- See previous concurrence To receive a copy of this docurnent, endicate m the box.
- C" = Copy without attachrnent/ enclosure
- E* = Copy with attachrnent/ enclosure
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UNITED STATES E
NUCLEAR REGULATORY COMMISSION-3-.
WASHINGTON, D C. 20555-0001
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-The Honorable Al Gore President of the United
!.~
States-Senate
~ Washington. DC 20510 Dear Mr. Presidenti Pursuant to SubtitleLE of the Small Business Regulatory Enforcement Fairners Act of.1996. 5 U. S. C. 801. the Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in.10 CFR 511,60.
The NRC is amending its regulations to remove an' unnecessary requirement for an
. environmental report by uranium mill! licensees at the time of ~ license termination.
L l
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
E
- 804(2). We have confirmed this determination with the Office of Management i
and Budget.
Enclosed is a copy of the final rule that is being transm'itted to the Office of.the Federal Register for publication.
This final rule will become
- effective when it is published in the Federal Register.
)
- i Sincerely.
.)
l, Dennis K. Rathbun. Director.
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.0ffice of Congressional Affairs j
Enclosure:
Final Rule 1.
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The Honorable Al Gore j
President of the United States Senate Washington. DC 20510
Dear Mr. President:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness.
Act of 1996. 5 U. S. C. 801 the Nuclear Regulatory Commission (NRC) is submitting final amendments to. the Commission's rules in 10 CFR 51.60.
The NRC is amending its regulations to remove an unnecessary requirement for an environmental report by uranium mill licensees at the time of license termination.
We~have determined that this rule is not a " major rule" as defined in 5 U.S.C.
l 804(2). We have confirmed this determination with the Office of Management -
and Budget.
Enclosed is a copy of the final rule that is being transmitted to the Office-of the Federal Register for publication.
This final rule will become effective when it is pu' 'ished in the Federal Reaister.
Sincerely.
Dennis K. Rathbun. Director 1
Office of Congressional Affairs
Enclosure:
Final Rule DOCUMENT NAME: A:\\SBREAL.2 Distribution:
R RDB r/f-Central File To receive a copy of this document, indicate in the boa: "C' = Copy without attachment / enclosure "E" = Copy w:th attachment / enclosure
- N' = No copy
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/ /97 DATE 4 / 9 /97 OFFICIALRECORD COPY (RES Ede Code) RES:
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&**%9 yi UNITED STATES
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S NUCLEAR REGULATORY COMMISSION 1
((
WASHNGTON. O C. 25WP j
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g' The Honorable Newt Gingrich 1
Speaker of the United States House of Representatives l
Washington. DC 20515 j
Dear Mr. Speaker:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U. S. C. 801. t.hp Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in 10 CFR 51.60.
The NRC is amending its regulations to remove an unnecessary requirement for an environmental report by uranium mill licensees at the time of license termination.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
804(2).
We have confirmed this determination with the Office of Management and Budget.
Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication.
This final rule will become effective when it is published in the Federal Req 1 ster.
Sincerely.
Dennis K. Rathbun. Director Office of Congressional. Affairs
Enclosure:
Final Rule I
m_
_.. _ _ _. _ _. _.. _.. _.. _ ~ _ _. _ _ _.
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_The Honorable Newt Gingrich i
L Speaker ofLthe United States House of. Representatives Washington DC.20515 Dea'r Mr.:Speakeri
- Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U~. S. C. 801.. the Nuclear Regulatory Commission-(NRC) is submitting final amendments to the Commission's rules in 10 CFR 51.60.
The c
f NRC is amending its regulations to remove an unnecessary. requirement for an-environmental report by uranium mill' licensees at the time of license' l
termination.
We have determined.that this rule is.not a " major rule" as defined in 5 U.S.C.
~
804(2).
We.have confirmed this determination with the 0ffice of Management and Budget.
Enclosed is a copy of the final rule that is being transmitted to the Office l
l of the Federal Register for publication.
This final rule will become L
effective when it is published in the Federal Reaister, j
Sincerely, L
Dennis K. Rathbun. Director l
i l
Office of Congressional Affairs l.
I
Enclosure:
' Final Rule.
I i.
DOCUMENT NAME: A:\\SBREAL.3 Distributio' n:
LRDB r/f Central File fa rzctive a copy of this document, indicate in the boa: *C' = Copy without attachment! enclosure
- E* = Copy with attachment /6nclosure
- N" = No copy Si f.
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/ /97 OFFICIALRECORD COPY (RES File Code) RES: _
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pn nea u UNITED STATES
' /.T j
NUCLEAR REGULATORY COMMISSION h
f WASHINGTON, D.C, 2055AM1 j
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Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 441 G. St., NW.
Washington DC 20548 i
Dear Mr. Murphy:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U. S. C. 801, the Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in 10 CFR 51.60.
The NRC is amending its regulations to remove an unnecessary requirement for an environmental report by uranium mill licensees at the time of license termination.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
804(2).
We have confirmed this determination with the Office of Management and Budget.
Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication.
This final rule will become effective when it is published in the Federal Reaister.
Sincerely.
Dennis K. Rathbun. Director Office of Congressional Affairs
Enclosure:
Final Rule i
i I
l i
l' Mr. Robert P. Murphy l
General Counsel l
General Accounting Office i
Room 7175 441'G. St.. NW.
l Washington. DC 20548 a
L
Dear Mr. Murphy:
j l
)
l Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness
)
Act of 1996. 5 U. S. C. 801. the Nuclear Regulatory Commission (NRC) is submitting final amendments.to the Commission's rules in 10 CFR 51.60.
The L
.NRC is amending its regulations to remove an unnecessary requirement for an environmental report by uranium. mill licensees at the time of license.
termination.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
804(2).
We have confirmed this determination with the Office of Management j
l
.and Budget, Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication.
This final rule will become effective ~when it is published in the Federal Reaister.
Sincerely.
l
?
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule L
DOCUMENT NAME: A:\\SBREAL,1 l
Distribution:
RDB r/f Central File To receive e copy of this document. indicate in the box:
"C" = Copy without attachment / enclosure
- E' = Copy with attachment 1 enclosure
'N' = No copy OFFICE RDB.DMg l RDB.DRA:RES l D(Dl%Rh5 l
D.
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NAME JMate KN SBahadur
$Mfloms PMYo'rdsof DKRathbun DATE ty 0} /97
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OFFICIA RECORD COPY (RES File Code) RES:
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