ML20149D805
| ML20149D805 | |
| Person / Time | |
|---|---|
| Issue date: | 05/03/1994 |
| From: | Nelson R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Dorsey J NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19352C239 | List: |
| References | |
| FRN-59FR19147, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-70, RULE-PR-72 AE22-1-138, NUDOCS 9405060059 | |
| Download: ML20149D805 (6) | |
Text
_ _ _ _
. MEMORANDUM FOR:
Jeryll L.
Dorscy Document Control Desk Information and Records Management Branch IG 0 3 1994 Office of Information Resources Management FROM:
Robert A. Nelson, Project Manager Low-Level Waste and Decommissioning Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards SU3 JECT:
REGULATORY HISTORY - PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADIOACTIVE WASTE (10 CFR 30, 40, 50, 70, AND 72) (RIN 3150-AE22):
PROPOSED RULE WITHDRAWAL The subject proposed rule was withdrawn in a Federal Reaister notice dated April 22, 1994 (59 EE 19147).
The enclosed documents are forwarded to complete the regulatory history for this propused rule. lists those documents already available in the Nuclear Documents System (NUDOCS) which should be included in the regulatory history index.
consists of those regulatory history documents which should be added to NUDOCS, and be made available through the Public Document Room and Central Files. consists of those l
.-cuments which should be added to NUDOCS, and be made available only through Central Files.
After these documents are microfiched, please return a printout, of the complete regulatory history index for th$a rulemaking, to l
me at mail stop SE2, If you have any questions, please call me at 504-2004.
Op~.<.
l Robert A. Nelson, Project Manager Low-Level Waste and Decommissioning Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards j
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INDEX OF REGULATORY HISTORY DOCUMENTS WITHDRAWAL OF PROPOSED RULEMAKING FOR PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADI0A;TIVE WASTE 10 CFR PARTS 30, 40, LO, 70, AND 72 RIN 3150-AE22 APRIL 22, 1994 DOCUMENTS CURRENTLY IN NUDOCS TO BE ADDED TO THIS INDEX (AE22-1)
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INDEX OF REGULATORY HISTORY DOCUMENTS WITHDRAWAL 0F PROPOSED RULEMAKING FOR PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADI0 ACTIVE WASTE 10 CFR PARTS 30, 40, 50, 70, AND 72 RIN 3150-AE22 APRIL 22, 1994 DOCUMENTS CURRENTLY IN NUDOCS TO BE ADDED TO THIS INDEX (AE22-1)
Accession No.
Document Availabilil,y 9303190049 Letter for Samuel J. Chilk from James P.
PDR Riccio 9304090211 Letter to James P. Riccio from Richard L.
PDR Bangart 9307280181 Memorandum for Sheldon A. Schwartz, Stuart A.
CF.0NLY Treby,. Frederick A. Combs, and C. N. Smith from Paul H. Lohaus, "Public Comments In i
Response To Proposed Rulemaking Concerning On-Site Storage Of low-Level Radioactive Waste After January 1, 1996" 9307290102 Memorandum for LeMoine J. Cunningham from_
CF ONLY Paul H. Lohaus, "Public Comments In Response To Proposed Rulemaking Concerning On-Site Storage Of Low-Level Radioactive Waste After
- >nuary 1, 1996" 9308060217 Memorandum for Paul H. Lohaus from LeMoine J.
CF ONLY Cunningham, "Rulemaking Concerning On-Site Storage Of Low-level Radioactive Waste After January 1, 1995" 9309300162 Memorandum to Various Office Directors from CF ONLY Robert M. Bernero," Withdrawal Of Proposed Rulemaking To Establish Procedures And Criteria For On-Site Storage Of Low-Level Radioactive Waste After January 1, 1996" 9401110242 SECY-93-323, " Withdrawal Of Proposed' PDR Rulemaking To Establish Procedures ~ And Criteria For On-Site Storage Of Low-Level Radioactive Waste After January 1, 1996" 9402160312 Staff Requirements Memorandum, "SECY-93-323 -
PDR Withdrawal Of Proposed Rulemaking To Establish Procedures And Criteria For On-Site-Storage Of Low-Level Radioactive Waste After January 1, 1996."
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9403170124 SECY-94-062," Withdrawal Of Proposed PDR Rulemaking To Establish Procedures And Criteria For On-Site Storage Of Low-Level Radioactive Waste After January 1, 1996" 9404220219 Memorandum for David L. Meyer from John H.
CF ONLY Austin, " Implementation Of Commission Action:
Procedures And Criteria For On-Site Storage Of Low-level Radioactive Waste" l
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IN"EX1DF REGULATORY HISTORY DOCUMENTS WIlHDRAWAL OF PROPOSED RULEMAKING FOR PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADI0 ACTIVE WASTE 10 CFR PARTS 30, 40, 50,'70, AND 72 RIN 3150-AE22 APRIL 22, 1994 DOCUMENTS TO BE ADDED TO NUDOCS AS PART OF THIS INDEX (AE22-1)
WITH PDR AND CF AVAILABILITY-i i
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m INDEX OC REGULATORY HISTORY DOCUMENTS-WITHDRAWAL 0F. PROPOSED RULEMAKING FOR PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADI0 ACTIVE WASTE 10 CFR PARTS 30, 40, 50, 70, AND 72 RIN 3150-AE22 APRIL 22, 1994 DOCUMENTS TO BE ADDED TO NUDOCS AS PART OF THIS INDEX (AE22-1)
WITH PDR AND CF AVAILABILITY I.
Memorandum for Regional DRSS Directors from Richard L. Bangart,
" Estimate Of Licensees Which Would Store Low-Level Radioactive Waste If-Access To A Disposal Facility Is Denied," dated June 11, 1993.
2.
Memorandum for Richard L. Bangart from L. J. Callan, " Estimate Of Licensees Which Would Store Low-Level Radioactive Waste If Access To A' Disposal Facility Is Denied," dated June 28, 1993.
3.
Memorandum for Richard L. Bangart from Ross A. Scarano, " Estimate Of Licensees Which Would Store Low-Level Radioactive Waste If Access To A Disposal Facility Is Denied," dated June 29, 1993.'
4.
Memorandum for Richard L. Bangart from J. Philip Stohr, " Estimate Of Licensees Which Would Store Low-Level Radioactive Waste If Access To' A Disposal Facility Is Denied," dated. July 6,1993.
5.
Staff Requirements Memorandum, "SECY-94-062 - Withdrawal Of. Proposed Rulemaking To Establish Criteria And Procedures' For On-Site Storage Of Low-Level Radioactive Waste After January 1,1996," dated April 1,1994.
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. MEMOMNDUM FOR:
Those on Attached List FROM:
Richard L. Bangart, Director Division of Low-level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards
SUBJECT:
ESTIMATE OF LICENSEES WHICH WOULD STORE LOW-LEVEL RADI0 ACTIVE WASTE IF ACCESS TO A DISPOSAL FACILITY IS DENIED On February 2,1993, the Nuclear Regulatory Commission published a proposed rulemaking in the Federal Reaister that would establish a regulatory framework containing the criteria and procedures that would apply to on-site storage of low-level radioactive waste (LLW) after January 1,1996. A regulatory analysis and an Office of Management and Budget supporting statement were included in the rulemaking package. These documents addressed the impact of the proposed rule on the licensees.
The impact analysis assumed that all licensees would be affected even though many licensees store only for decay ur do not generate LLW on a regular basis.
This assumption built a large degree of conservatism into the impact assessment. We are currently preparing the final rulemaking package and your assistance in developing a more realistic estimate is requested.
To support our rulemding schedule, the information identified en the enclosure is requesteC by June 30, 1993.
Please call me at (301) 504-3340, or my Project Manager for this rulemaking, Bob Nelson, at (301) 504-2004, if you have any questions or if yv; n2ed additional information.
Qiginal Signed By RICHARD L BANGART Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards
Enclosure:
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4 ESTIMATE OF LICENSEES WHICH WOULD STORE LOW-LEVEL RADIOACTIVE WASTE IF ACCESS TO A DISPOSAL FACILITY IS DENIED Region:
Point of
Contact:
Instructions:
1.
Estimate the total number of NRC licensees by applicable 10 CFR Part.
2.
Estimate the number of NRC licensees, by applicable Part of 10 CFR, which would store LLW if access to disposal is denied.
3.
Include all States regardless of compact affiliation.
4.
Do not include those licensees which would store only for decay in the estimate of affected licensees.
10 CFR PART TOTAL LICENSEES LICENSEES WHICH WOULD STORE LLW 30 40 70 Enclosure
.. =
4 Multiple Addressees Addressees - Memorandum dated:
Richard W. Cooper, II, Director Division of Radiation Safety and Safeguards Region I J. Phillip Stohr,-Director Division of Radiation Safety and Safeguards e
Region II Charles E. Norelius, Director Division of Radiation Safety and Safeguards Region III Leonard Joe Callan, Director a
Division of Radiation Safety and Safeguards Region IV Ross A. Scarano, Director Division of Radiation Safety and Safeguards
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f AR LINGTON, T E XAS 76011 8064 JLN 2 81993 MEMORANDUM FOR:
Richard L. Bangart, Director Division of Low-level Waste Management and Deconsnissioning Office of Nuclear Material Safety and Safeguards FROM:
L. J. Callan, Director Division of Radiation Safety and Safeguards
SUBJECT:
ESTIMATE OF LICENSEES WHICH WOULD STORE LOW-LEVEL RADI0 ACTIVE WASTE IF ACCESS TO A DISPOSAL FACILITY IS DENIED This responds to your memorandum dated June 11, 1993, requesting Region IV to provide an estimate of the number of licensees that would be affected if access to a waste disposal facility were to be denied. The following table provides estimates of licensees that could be affected. Please note that included in the table are the 40+ licensees in Region IV who currently holding materials pending disposal and that estimates given below contain sealed sources, i.e. well logging, neutron howitzers and cardiac pacemakers.
10 CFR PART TOTAL LICENSES LICENSEES WHICH WOULD STORE LLW 30 746 140 40 96 11 70 24 24 Should further information be desired, please feel free to contact Jack E. Whitten (817) 860-8197.
l Jn L.
. Callan, Director I
Division of Radiation Safety and Safeguards h
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MEMORANDUM-FOR:
Richard L. Bangart, Director Division of low-Level Waste Mana~ ement g
and Decommissioning Office of Nuclear Material Safety and Safeguards FROM:
Ross A. Scarano, Director ~
Division of. Radiation Safety and Safeguards
SUBJECT:
ESTIMATE OF LICENSEES WHICH WOULD STORE LOW-LEVEL RADI0 ACTIVE WASTE IF ACCESS TO A' DISPOSAL FACILITY 9
IS DENIED-Attached is Region V's response to your request dated June 11,.1993, subject-as above.
If you have any questions -or require additional information, you may contact James Reese of my staff at (510) 975-0237.
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Ross A. Scarano, Director-Division of Radiation Safety.
and Safeguards :
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ESTIMATE OF LICENSEES WHICH WOULD STORE LOW-LEVEL RADI0 ACTIVE WASTE IF ACCESS TO A DISPOSAL FACILITY IS DENIED Region:
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Instructions:
1.
Estimate the total number of NRC licensees by applicable 10 CFR Part.
2.
Estimate the number of NRC licensees, by applicable Part of 10 CFR, which would store LLW if access to disposal is denied.
3.
Include all States regardless of compact affiliation.
4.
Do not include those licensees which would store only for decay in the estimate of affected licensees.
10 CFR PART TOTAL LICENSEES LICENSEES WHICH WOULD STORE LLW 30
.26) 80 40 Y
3 70 14 3
4 Enclosure
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MEMORANDUM FOR:
Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning, NMSS FROM:
J. Philip Stohr, Director Division of Radiation Safety and Safeguards
SUBJECT:
ESTIMATE OF LICENSEES WHO WOULD STORE LOW-LEVEL RADI0 ACTIVE WASTE IF ACCESS T0.A DISPOSAL FACILITY IS DENIED In response to your memo of June 11, 1993, we enclose our estimates of the number of licensees who would store waste if disposal facility access is denied.
The storage data in Enclosure 1 assumes no changes in economics and licensee population, and denial of both direct and indirect (vendor \\ broker) disposal access. Our estimates are for the' number of licensees who would have to store waste, using a five-year horizon. Unfortunately, it' includes. almost everyone, except 10 CFR 35.100, 35.200 and 35.300 medical licenses, now totalling 205.
This assumes that if. disposal access is denied, vendors of sealed sources will.
not a'ccept return of sources from specific licensees who have been denied access.
If vendors will accept such sources, the number would 'be lower.
This storage number depends somewhat on the assumptions used.
For example, if the economics of a licensee, or class of licensees,- declines, -then declared.
waste may increase. Also,'many sealed source vendors do not want an old-source unless they can sell'a new one.
~
In other cases, the high disposal cost for sealed sources (e.g. Am-241, Pu-239) causes licensees to store waste irrespective of access. The disposal-cost for Sr-90 ophthalmic applicators (Puerto Rico) is severa>l thousand dollars, and most of the original vendors have discontinued. support. The University of Puerto Rico now stores biomedical radwaste indefinitely, awaiting governmental decisions on hazardous waste disposal, and certification-of their incinerator.
Nuclear medicine users and most ~ sealed source users will not' need long-term storage provided their vendor / brokers retain disposal access.. Many-broad' scope licensees will need to substantia 11y' increase their storage if disposal:
eccess is denied.
If the vendors / brokers are denied burial access for waste originating from more states, then storage will rise accordingly. is a summary of our materials licensees by program type (except fuel fabricators) that may be useful in your impact analysis.
Richard L. Bangart 2
Please contact John Potter at 404/331-5571, or Charles Hosey at 404/331-5614 with any questions or comments.
fdW e-J. Philip Stoh
Enclosures:
1.
Impact Survey Data 2.
Region II Materials Licensees By Program Type k
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ENCLOSURE 1 ESTIMATE OF LICENSEES WHO WOULD STORE LOW-LEVEL RADI0 ACTIVE WASTE IF ACCESS TO A DISPOSAL FACILITY IS DENIED Region: II Point of
Contact:
John Potter or Charles Hosey Instructions:
1.
Estimate the number of licensees by 10 CFR Part 2.
Estimate thos9 who would store, if denied disposal access 3.
Include all states, regardless of compact 4.
Omit those who store only for decay 10 CFR PART TOTAL LICENSEES LJCENSEES WHO WOULD STORE LLW 30 878 668' 40 14 14-70 26 26" All, except 205 Medical (10 CFR 35.100, 200, & 300) and 5 Nuclear Pharmacies.
" Includes 6 Fuel Fabricators 1
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A e 22.4 ACTION - Bernero. NMSS
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_ April'1. 1994 BShelton, IRM DMeyer, ADM OFFICE OF THE RNelson, NMSS SECRETARY MEMORANDUM TO:
James M. Taylor Executive Dir ct r for Operations FROM:
amuel J. Ch ecretary
SUBJECT:
SECY-94-062 - WITHDRAWAL OF PROPOSED RULEMAKING TO ESTABLISH PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADIOACTIVE WASTE AFTER JANUARY 1, 1996 4
The Commission (with all Commissioners agreeing) has approved publication of the notice withdrawing the proposed rulemaking subject to the changes in the attachment.
(NMSS) 9200023
Attachment:
As stated cc:
The Chairman Commissioner Rogers Commissioner Remick Commissioner de Planque OGC OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
SECY NOTE:
THIS SRM, SECY-94-062,~AND THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 10-WORKING DAYS FROM THE DATE OF-THIS SRM O
The Commissioners January 1, 1996.
The proposed rule was published in the Eederal Reaister on February 2, 1993 (58 EH 6730).
The public coment period expired on April 5, 1993.
After considering the coments submitted on the proposed rule, the staff detenmined that the proposed rule would not achieve either of the proposed rule's objectives.
The staff found that there is not a sufficient connection between the requirements in the rule for documenting that a licensee has exhausted reasonable disposal options and the objective of reducing on-site storage of LLW or encouraging the development of n w LLW disposal capacity.
In addition, the staff found that the proposed rule would not necessarily provide licensees a substantially greater incentive over existing requirements to dispose of their LLW at available locations in a timely manner. Therefore, the staff concluded the proposed rule would not be a necessary or significant addition to the protectie of the public health and safety.
The staff forwarded its recosusendations to the Comission on November 29, 1993, in SECY-93-323.
In an SRM dated February 1, 1994, the staff was advised that the Commission (with all Comissioners agreeing) had approved the staff proposal to withdraw the proposed rule.
The staff was directed to provide a clear ind'ication in the withdrawal notice that the Commission continues to favor disposal of LLW over storage and that withdrawal of this proposed rule in no way alters that position.
In addition, the staff was directed to submit the proposed withdrawal notice to the Comission for review and approval before publication.
DISCUSSION:
The notice to withdraw the proposed rulemaking (Enclosure 1) has been prepared in accordance with the requirements of the SRM dated February 1,1994. The notice includes:
The background of the rulemaking.
The rationale for the withdrawal.
A sumary of the comments that impacted on the decision to withdraw the proposed rule and the U.S. Nuclear Regulatory Commission response to these comments.
A clear statement that the Comission continues to favor disposal of LLW over storage and that withdrawal of this proposed rule in no way alters that position.
In addition, the notice states that the Commission expects LLW disposal facilities to be ' sited and developed in a timely manner, and that it expects waste generators and Statesj o continue to l
t take all reasonable steps to ensure that LLW disposal capacity is available soon.
_ Ai S wpr Wereskd pr6es,iedadin$
M M ha e idetESted P"b ES, Od"di"$
. result, the Comission concludes that it should wi raw the proposed rule.
The Comission continues to favor disposal of W over storage and emphasizes that withdrawal of this proposed rulemaking n no way alters this position.
The Comission expects LLW disposal facilities to be sited and developed in a timely manner.
The Comission also expects [ waste generators and States to j
continue to take all reasonable steps to ensure that LLW disposal capacity is available soon.
FOR FURTHER INFORMATION, CONTACT: Robert Nelson, Office of Nuclear Material-Safety and Safeguards, U.S. Nuclear Regulatory Comission, Washington, DC 20555, telephone (301) 504-2004.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 1993 (58 FR 6730), the NRC published in the Federal Reaister, proposed amendments to 10 CFR Parts 30, 40, 50, 70, and 72 of its regulations.
Under the provisions of the proposed rule, on-site storage of LLW would not have been permitted after January 1,1996 (other than reasonable, short-term storage necessary for decay 'or for collection or consolidation for shipment off-site, when a licensee has access to an operating LLW disposal facility), unless a licensee documented that it-had exhausted other reasonable waste management options. These options included the management of the waste by the State in which a waste generator is located.
In addition, a reactor licensee would have had to document that
INDEX OF REGULATORY HISTORY DOCUMENTS WITHDRAWAL OF PROPOSED RULEMAKING FOR PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADI0 ACTIVE WASTE 10 CFR PARTS 30, 40, 50, 70, AND 72 RIN 3150-AE22 APRIL 22, 1994 DOCUMENTS TO BE ADDED TO NUDOCS AS PART OF THIS INDEX (AE22-1)
WITH CF ONLY AVAILABILITY l
i:
INDEX OF REGULATORY HISTORY DOCUMENTS WITHDRAWAL OF PROPOSED RULEMAKING FOR PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADIOACTIVE WASTE 10 CFR PARTS 30, 40, 50, 70, AND 72 RIN 3150-AE22 APRIL 22, 1994 DOCUMENTS TO BE ADDED TO NUDOCS AS PART OF THIS INDEX (AE22-1)
WITH CF ONLY AVAILABILITY 1.
Memorandum for Robert Nelson from Geoffery D. Cant, " Proposed Rule On Procedures And Criteria For On-Site Storage Of Low-level Radioactive Waste," dated February 10, 1993.
2.
Memorandum for LeMoine Cunningham from Paul Lohaus, "Rulemaking Concerning On-Site Storage Of low-Level Radioactive Waste After January 1, 1996," dated June 1,_1993.
3.
Memorandum for Robert M. Bernero from Richard L. Bangart, " State Programs Concurrence And Comments On Withdrawal Of Proposed Rulemaking To Establish Procedures And Criteria For On-Site Storage Of Low-Level Radioactive Waste After January 1, 1996," dated September 30, 1993.
4.
Memorandum for Robert M. Bernero from Frank J. Congel, " Concurrence Review Of Withdrawal Of Rulemaking For On-Site Storage Of low-level Radioactive Waste," dated October S, 1993.
S.
Memorandum for Robert Nelson from Michael T. Lesar, " Review Of Draft Withdrawal Notice for Proposed Rule' Entitled ' Procedures And Criteria For On-Site Storage Of Low-Level Radioactive Waste After January 1, 1996,'" dated February 16, 1993.
6.
Memorandum for Robert M. Bernero from David L. Meyer, " Office Concurrence On Withdrawn Proposed Rule. Package Entitled ' Procedures And Criteria For On-Site Storage Of Low-Level Radioactive Waste,'" dated February 24, 1993.