ML20141G780
| ML20141G780 | |
| Person / Time | |
|---|---|
| Issue date: | 07/07/1997 |
| From: | Bahadur S NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20135F257 | List: |
| References | |
| FRN-62FR26730, RULE-PR-51 AF65-2-001, AF65-2-1, NUDOCS 9707110019 | |
| Download: ML20141G780 (5) | |
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sOU o a 4% UNITED STATES j j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2061 5 0001
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- July 7, 1997 MEMORANDUM TO: Nuclear Document System (NUDOCS)
Mail Stop - OWFN P1-17 FROM: Sher Bahadur, Acting Chief Regulation Development Branch Division of Regulatory Applications Office of Nuclear Regulatory Research
SUBJECT:
REGULATORY HISTORY INDEX FOR 10 CFR PART 51 Enclosed are the appropriate documents that comprise the Regulatory History for the direct final rule, entitled " Environmental Report-Material Licenses." This rulemaking amends 10 CFR 51.60 of the Commission's regulations to eliminate the requirement for an environmental report to be submitted by uranium mill licensees at the time of license termination. -The notice was published in the Federal Register on Wednesday May 14,1997
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l (62 FR 26730).
The documents that are provided for this regulatory history do not need to be returned.
Please provide me with two copies of the Regulatory History index printouts when it is completed. If you have any questions or if we can be of further assistance, please call Joseph J. Mate at 415-6202.
Enclosures:
- 1. Regulatory History Index
- 2. Regulatory History Documents t
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REGULATORY HISTORY INDEX !
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- 1. Memorandum from Carl J. Paperiello, Director, Office of Nuclear Material Safety and ,
' Safeguards to David L. Morrison, Director, Office of Nuclear Regulatory Research j
~ dated April 25,1996 and subject, REQUEST FOR RULEMAKING. j i
- 2. Memorandum from David L. Morrison, Director, Office of Nuclear Regulatory !
Research to James M. Taylor, Executive Director for Operations dated June 21 I 1996 and subject, INITIATION OF A RULEMAKING PLAN TO ELIMINATE l UNNECESSARY REPORTING REQUIREMENTS FOR MATERIAL LICENSEES i (10 CFR 51.60).
l- 3. Memorandum from David L. Morrison, Director, Office of Nuclear Regulatory Research to Carl J. Paperiello, Director, Office of Nuclear Material Safety and ,
Safeguards dated October 2,1996 and subject, CONCURRENCE REQUEST. :
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- 4. Memorandum from Robert L. Fonner, Office of General Counsel to Joseph J. Mate, Office of Nuclear Regulatory Research dated October 15,1996 and subject, l
l- RULEMAKINC PLAN FOR AMENDING THE REQUIREMENTS FOR ENVIRONMENTAL j L REPORTS FROM URANIUM RECOVERY LICENSEES AT LICENSE TERMINATION - l 10 CFR 51.60.
- 5. . Memorandum from Carl J. Paperiello, Director, Office of Nuclear Material Safety and Safeguards to David L. Morrison, Director, Office of Nuclear Regulatory Research j dated October 18,1996 and subject, NMSS CONCURRENCE ON A RULEMAKING l PLAN FOR AMENDING THE REQUIREMENTS FOR ENVIRONMENTAL REPORTS FROM !
URANIUM RECOVERY LICENSEES AT LICENSE TERMINATION - 10 CFR 51.60. -l l
- 6. E-mail from Dennis Sollenberger, Office of State Programs to Joseph J. Mate, Office of Nuclear Regulatory Research, dated October 21,1996 and subject RULEMAKING L PLAN 10 CFR 51.60.
- 7. Note from Carol Abbot, Office of the Controller to Joseph J. Mate, Office of Research Task Leader, dated October 23,1996 and subject, RULEMAKING PLAN FOR AMENDING REQUIREMENTS FOR ENVIRONMENTAL REPORTS FROM URANIUTA RECOVERY LICENSEES AT LICENSE TERMINATION - 10 CFR 51.60.
- 8. Memorandum from David L. Morrison, Director, Office of Nuclear Regulatory Research to James M. Taylor, Executive Director for Operations dated December 6, 1996 and subject, RULEMAKING PLAN FOR REVOKING THE REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILLING LICENSEES AT LICENSE TERMINATION - 10 CFR 51.60.
i 9. Commission Paper from Jame,s M. Taylor, Executive Director for Operations to the l Commissioners, dated December 17,1996 and subject, RULEMAKING PLAN FOR l REVOKING THE REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILLING LICENSEES AT LICENSE TERMINATION -10 CFR 51.60.
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- 10. Memorandum from John C. Hoyle, Secretary to the Commission to j Hugh L. Thompson Jr., Acting Executive Director for Operations, dated January 9, l 1997 and subject, STAFF REQUIREMENTS - SECY S-96-254 RULEMAKING PLAN l FOR REVOKING THE REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM !
URANIUM MILLING LICENSEES AT LICENSE TERMINATION - 10 CFR 51.60. l t
-11. . Letter from Michael T. Lesar, Chief Rules Review and Directive Branch, Office of l Administration, Office of the Nuclear Regulatory Commission to Edward Michlovich, l
- Office of Information and Regulatory Affairs, Office of Management and Budget, !
Executive Office of the President, dated March 13,1997 and no subject line. j
. 12. Memorandum from David L. Morrison, Director Office of Nuclear Regulatory Research to: Carl J. Paperiello, Director, Office of Nuclear Material Safety and Scfeguards,-
j Ronald M. Scroggins, Acting Chief Financial Officer, Anthony J. Golante, Chief
- Information Officer, Brenda Jo Shelton, Chief, Information and Records Management i Branch, Office of information Resources Management, David L. Meyer, Chief, Rules Review and Directives Branch, Division of Freedom of Information and Publications j Services, Office of Administration, James Lieberman, Director, Office of
- Enforcement, and William J. Olmstead, Associate General Counsel for Licensing and j Regulation, Office of the General Counsel, dated March 19,1997 and subject,
.! - DIRECT FINAL RULE - FOR REVOKING THE REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILL LICENSEES AT LICENSE TERMINATION - 10 CFR 51.60.
- j. 13. Memorandum from David L. Meyer, Chief, Rules Review and Directives Branch, Office of Administration to David L. Morrison, Director, Office of Nuclear Regulatory 4 Research, dated March 20,1997 and subject, OFFICE CONCURRENCE ON FINAL 4
RULE ENTITLED, " ENVIRONMENTAL REPORT-MATERIAL LICENSES."
- 14. E-mail from Betty Summers, Office of Enforcement to Joseph J. Mate, Office of i Nuclear Regulatory Research, dated March 24,1997 and subject FINAL RULE -
i REVOKING THE REQUIREMENT FOR AN ENVIRONMENTAL REPORT.
- 15. E-mail from Sue Gagner, Office of Public Affairs to Joseph J. Mate, Office of Nuclear 4 Regulatory Research, dated March 24,1997 and subject, NO PA NEEDED.
- 16. Note from Kimberley J. Hardin, Office of the Controller to Joseph J. Mate, Office of Nuclear Regulatory Research, dated March 26,1997 and subject, DIRECT FINAL RULE FOR REVOKING THE REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILL LICENSEES AT LICENSE TERMINATION - 10 CFR 51.60.
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- 17. E-mail from Robert L. Fonner, Office of General Counsel to Joseph J. Mate, Office of Nuclear Regulatory Research, dated March 27,1997 and subject, MINOR RULE ON 51.60.
l 18. Memorandum from Carl J. Paperiello, Director, Office of Nuclear Material Safety and j
i Safeguards to David L. Morrison, Director, Office of Nuclear Regulatory Research, dated April 1,1997 and subject, NMSS CONCURRENCE ON A DIRECT FINAL RULE - l FOR REVOKING THE REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM l
i URANIUM MILL LICENSEES AT LICENSE TERMINATION - 10 CFR 51.60. :
l 19. Memorandum from Brenda Jo Shelton, Chief, Information and Records Management !
l Branch, Office of information and Resources Management to Joseph J. Mate, Task !
Leader Division of Regulatory Applications, Office of Nuclear Regulatory Research dated April 8,1997 and subject, DIRECT FINAL RULE - FOR REVOKING THE ,
REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILL i LICENSEES AT LICENSE TERMINATION CFR 51.60 !
- 20. Memorandum from David L. Morrison, Director, Office of Nuclear Regulatory !
Research to L. Joseph Callan, Executive Director for Operations dated April 11,1997 !
f and subject, DIRECT FINAL RULE TO AMEND 10 CFR 51.60 - REVOKING THE !
REQUIREMENT FOR AN ENVIRONMENTAL REPORT FROM URANIUM MILL l LICENSEES AT LICENSE TERMINATION.
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- 21. Memorandum from Sher Bahadur, Acting Chief, Regulation Development Branch, j Division of Regulatory Applications, Office of Nuclear Regulatory Research to David i L. Meyer, Chief Rules Review and Directives Branch, Division of Freedom of i information and Publications Services , Office of Administration dated May 6,1997 l l and subject, IMPLEMENTATION OF ACTION BY THE EXECUTIVE DIRECTOR FOR l l OPERATIONS: DIRECT FINAL RULE. l
( 22. Form for the Regulatory Agenda dated May 7,1997. ,
- 23. Federal Register Notice dated May 14,1997. f
- 24. Memorandum from Joseph J. Mate, Project Officer, Regulation Development Branch, l Division of Regulatory Applications, Office of Nuclear Regulatory Research to Sher l Bahadur, Acting Chief, Regulation Development Branch, Division of Regulatory Applications, Office of Nuclear Regulatory Research, dated June 18,1997 and subject, COMMENTS RECEIVED BY NRC ON THE DIRECT FINAL RULE ,
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i COVER SHEET FOR CORRESPONDENCE USE THIS COVER SHEET TO PROTECT ORIGINALS OF MULTI-PAGE CORRESPONDENCE l
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- NUCLEAR REGULATORY COMMISSION
't WASHINGTON, D.C. 205554001 k ~. ..p b April 25, 1996 l
MEMORANDUM T0: David L. Morrison, Director Office of Nuclear Regulatory Research ,
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Carl J. Paperiello, Director Office of Nuclear Material Safety ,
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SUBJECT:
REQUEST FOR RULEMAKING !
The purpose of this memorandum is to request that the Office of Nuclear Regulatory Research initiate a rulemaking to eliminate an unnecessary requirement for an environmental report in 10 CFR Part 51. The Office of Nuclear Material Safety and Safeguards (NMSS) views this rulemaking as high s priority. The unnecessary requirement is contained in Section 51.60, ;
" Environmental report - material licenses." Subsection (b) lists the types of :
actions for which an applicant shall prepare an environmental report. ;
Item (3) identifies " Termination of a license for the possession and use of '
source material for uranium milling." The requirement for an environmental !
l report at license termination has been in the regulations since before the !
dissolution of the Atomic Energy Commission, and is unique in that there is no ,
such requirement at license termination of any other nuclear facility. As i
' part of developing its procedure for terminating mill licenses, NMSS found the !
requirement, and researched the Statement of Consideration for 10 CFR Part 51 ;
to determine the basis.for the requirement. However, NMSS has been unable to ,
l find a justification for this requirement or an explanation of its purpose. 't NMSS believes this requirement is unnecessary because of the length of time f l
' involved in terminating 1a uranium mill license, and the process of conducting ;
environmental reviews thro.ughout the termination process. In general, when a ;
l licensee submits its license amendment. application to undertake an activity L such as decommissioning the mill, reclaiming the tailings, or remediating groundwater contamination, the staff will conduct a safety and environmental review, and issue a Technical Evaluation Report (TER) and an Environmental Impact Statement or an Environmental Assessment (EA). In addition, when a licensee completes those activities, a second license amendment application will be submitted requesting that the conditions requiring the work be
! eliminated. Similarly, the staff will issue a TER and an EA. This process will take many years, and will often occur before the licensee is ready to t terminate its license. As a result, by the time a licensee requests termination of its license, the environmental impacts identified during the licensing and-amendment process will have been mitigated through compliance with EPA rules in 40 CFR Part 192 and with NRC rules in 10 CFR Part 40. The
, only conditions that will remain in the license at that time are those that specify what monitoring the licensee needs to perform.
Contact:
Myron Fliegel, NMSS 415-6629 i
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I D. Morrison 2 April 26, 1996 Therefore, HMSS considers an Environmental Report at license termination a l
us'sless and unnecessary reporting requirement. '
!a summary, we request the initiation of a rulemakin la 51.60(b)(3) from 10 CFR because it is unnecessary.g to eliminate L
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