ML20155A016

Forwards Regulatory Documents (PDR & CF) Comprising of Regulatory History of Notice of Final Rulemaking Entitled Transfer for Disposal & Manifests:Minor Technical Conforming Amend Which Amended 10CFR20 (AF99-2)

ML20155A016
Person / Time
Issue date:	10/26/1998
From:	Haisfield M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	NRC
Shared Package
ML20014C874	List: ML20155A016 ML20155A055
References
FRN-60FR15658, FRN-63FR50127, RULE-PR-20, RULE-PR-61 AF99-2-001, AF99-2-1, NUDOCS 9810280114
Download: ML20155A016 (4)

Text

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j j NUCLEAR REGULATORY. COMMISSION o WAGHINGTON, D.C. 20666-0001

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i MEMORANDUM TO: Nuclear Document System (NUDOCS) l . ,

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Mark Haisfield" J Rulemaking and Guidance Branch

- Division of Industrial and Medical Nu lear afety, NMSS

SUBJECT:

REGUI ATORY HISTORY (63 FR 50127) ,

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Attached for your processing are the regulatory documents (PDR and CF) comprising the 1

?- regulatory history of the Notice.of Final Rulemaking entitled ' Transfer for Disposal and

' Manifests; Minor Technical Conforming Amendment" which amended 10 CFR Part 20 (AF99-2).

This notice was published in the Federal Reaister on September 21,1998 (63 FR 50127). )

. If you have any questions or if I can be of further assistance, please call me at 415-6196.

Attachment:

i i Regulatory History Documents for I

the Final Rule (AF99-2)

(including this cover memo) i a :.

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l Rules and Regulations Fea-aa+i-Vol 63, No.182 Monday, September 21, 1998 l This section of the FEDERAL REGISTER Management and Budget (OMB) and to Radioactive Material"(62 FR 4132 dated contains regulatory documents having general remove information that refers to a time 1/29/97). The inadvertent change to this applicability and legal effect, most of which period that has now passed, and l

1 are keyed to and codified in the Code of section eliminated tbe proper reference therefore is no longer applicable. The to Part 36," Licenser and Radiation Federal Regulations, which is published under f nal rule entitled " Low Level Waste Safety Requiremens for Irradiators" and 50 titles pursuant to 44 U.S.C.1510.

Shipment Manifest Information and to S 76.60 dealing with certification of I

The Code of Federal Regulations is sold by Reporting" (60 FR 15649: March 27, gaseous diffusion p: ants.

the Superintendent of Documents. Prices of 1995) established a compliance period Because these ameadments deal with new books are listed in the first FEDERAL of almost 3 years before the use of the agency organization, pactice, and REGISTER issue of each week. new manifesting requirements became procedure, the notice and comment mandatory. The mandatory effective provisions of the Administrative date was March 1,1998. Until the rule Procedure Act do not apply pursuant to NUCLEAR REGULATORY became mandatory, the NRC permitted COMMISSION 5 U.S.C. 553(b)(A). The amendments the continued use of manifest will be effective 60 days after requirements that were in effect before publication in the Federal Register.

10 CFR Part 20 March 27,1995. Therefore, Part 20 RIN 3t$0-AF99 contains a dual implementation Compatibility of Agreement State procedure that allows the use of either Regulations Transfer for Disposal and Manifests; the old manifesting requirements or the Under " Policy Statement on Minor Technical Conforming new manifesting requirements. Because Adequacy and Compatibility of Amendment the use of the new requirements became Agreement State Programs," approved mandatory on March 1,1998, reference by the Commission on June 30.1997, AGENCY: Nuclear Regulatory Commssion. to the previous manifesting 5 20.2006 and appendix F are listed as requirements is inappropriate and might compatibility category "B." Under ACTION: Final rule. cause confusion to users. This compatibility category B, the program

SUMMARY

The Nuclear Regulatory amendment will simplif the elements have significant direct Commission (NRC)is amending its appropriate sections of t e CFR by transboundary implications that the regulations concerning low level waste rem vmg the now obsolete procedures. State should adopt with essentially shipment manifest information. The The requirements in S 20.1009, identical language. Section 20.1009 is currently effective codified regulations ..Inf nnation collection requirements: not applicable to the Agreement States.

(CFR) include a dualimplementation OMB approval, published as part of the Section 20.1002 is listed as ,

procedure that allows use of one of two final rule n March 27,1995, became compatibility category , D. , Under manifesting procedures. The use of new effective on March 1,1998. However, in compatibility category D, this section is  ;

manifesting requirements, which were between its promulgation on March 27, not required for purposes of 1995, and March 1,1998, other changes compatibility: however,if adopted by i m dato on h 1 1998 T te ham Wn maa m Pan 20 h mqM b Mate, she b mmpaWe d )

this action is necessary to remove Nrre5Ponding changes to this section. NRC.

l Therefore, when the March 27,1995 '

expired provisions from the regulations. ,

Environmental Impact: Categorical

' rule became effective, it superseded An additional correction .is being made approved changes to S 20.1009 made Exclusion to the scope section of this part t since March 27,1995. This final rule rectify an inadvertent change. The Commission has determined that <

will update 5 20.1009 to restore the this final rule is the type of action l EFFECTIVE DATE: November 20,1998. changes made to this section between described in categorical exclusion to l FOR FURTHER INFORMATION CONTACT: March 27,1995 and March 1,1998. CFR 51.22(c)(2). Therefore, neither an l Mark Haisfiel1. Office of Nuclear Section 20.2006," Transfer for environmental impact statement nor an Material Safet, and Safeguards, U.S. disposal and manifests," is being environmental assessment has been Nuclear Regula. ry Commission, revised to eliminate the option to use prepared for this final rule.

Washington, DC . 9555-0001, telephone either appendix F or appendix G, (301)415-6196, e% ail MFH@ntc. gov. elimmate reference to appendix F, and Paperwork Reduction Act Statement i i

SUPPLEMENTARY INFORMATION: to require the use of appendix G, since This final rule does not contain a new l appendix F is now obsolete, or amended information collection  ;

Background '

l Appendix F to Part 20. " Requirements requirement subject to the Paper l

The purpose of these amendments to for Low-Level Waste Transfer for Reduction Act of 1995 (44 U.S.C. 3501 10 CFR Part 20 are to:(1) Issue technical Disposal at Land Disposal Facilities and et seq.). Existing requirements were

conforming changes to SS 20.1009 and Manifests,"is being entirely removed approved by the Office of Management 20.2006 and appendix F: and (2) correct and appendix F will be noted as end Budget, approval 3 t50-0014. j an inadvertent change made to " Reserved."

An additional amendment deals with Public Protection Notification i

5 20.1002. The amendments are necessary to restore the most current an inadvertent change that was made to if an information collection does not and complete version of the section the scope section of Part 20 during the display a currently valid OMB control concerning the information collection final rulemaking," Criteria for the number, the NRC may not conduct or requirements approved by the Office of Release ofIndividuals Administered sponsor, and a person is not required to

l 50128 Federd Register /Vol. 63, No.182/ Monday, September 21,1998/ Rules and Regulations j I respond to, the collection of nuclear material or to operate a (4)In S 20,2006 and appendix G to 10 information. production or utilization facility under CFR Part 20, NRC Form 541 and 541A Parts 30 through 36,39,40,50,60,61, is approved under control number Regulatory Analysis 70, or 72 of this chapter, and in 3150-0166.

A regulatory analysis has not been accordance with 10 CFR 76.60 to prepared for this final rule because this persons required to obtain a certificate rule is considered a mmor non-CF art 20 NR Fo 542 a 42A of compliance or an approved .

is approved under control number substantive amendment. It has no compliance plan under Part 76 of this economic impact on NRC licensees or 3150 0165.

cha ter. The limits in this part do not the public, ap y to doses due to background 4. Section 20.2006 is revised to read ra lation, to exposure of patients to as follows:

Bickfit Analysis The NRC has determined that the 9 20.2006 Transfer for disposal and di n s s or t erap to ex o u rom *""**

backfit rule,10 CFR 50.109, does not individuals administered radioactive apply to this rule, and therefore, a

, material and released in accordance (a) The requirements of this section backfit analysis is not required because w th $ 35.75, or to exposure from and appendix G to 10 CFR Part 20 are these amendments do not involve any voluntary participation in medical designed to--

provisions that would impose backfits h as defined in 10 CFR 50.109(a)(1). (1) Control transfers onowdevd

• • ".*hctfon 3 0.I009 is revised to read radioactive waste by any waste Small Business Regulatory Enforcement as foglows: generator, waste collector, or waste Feirness Act $ 20.1009 Information conection processor licensee, as defined in this in accordance with the Small requirements: oMB approval. part, who ships low-level waste either j Business Regulatory Enforcement (a) The Nuclear Regulatory directly, or indirectly through a waste i Fairness Act of 1996, the NRC has Commission has submitted the collector or waste processor, to a 1 determined that this action is not a information collection requirements licensed low-level waste land disposal s maior rule and has verified this contained in this part to the Office of facility (as defined in Part 61 of this  !

determination with the Office of Management and Budget (OMB) for chapter);

Information and Regulatory Affairs, approval as required by the Paperwork l Office of Management and Budget. (2) Establish a manifest trackin8 Reduction Act (44 U.S.C. 3501 et seq.). system; and  !

List of Subjects in 10 CFR Part 20 The NRC may not conduc' ci sponsor, and a person is not required to respond (3) Supplement existing requirements '

Byproduct material, Criminal to, a collection of information unless it concerning transfers and recordkeeping penalties, Licensed material, Nuclear displays a currently valid OMB control for those wastes. ]

materials, Nuclear power plants and number. OMB has approved the (b) Any licensee shipping radioactive reactors, Occupational safety and information collection requirements waste intended for ultimate disposal at ,

health. Packaging and containers- contained in this part under control a licensed land disposal facility must '

Radiation protection, Reporting and number 3150-0014. document the information required on recordkeeping requirements, Special (b) The approved information NRC's Uniform Low Level Radioactive nuclear material, Source matenal, Waste collection requirements contained in Waste Manifest and transfer this treatment and disposal. this part appear in $$ 20.1003,20.1101, recorded manifest information to the For the reasons set out in the 20.1202,20.1203,20.1204,20.1206, intended consignee in accordance with preamble and under the authority of the 20.1208,20.1301,20.1302,20.1403, appendix G to 10 CFR Part 20-Atomic Energy Act of 1954, as amended; 20.1404,20.1406,20.1501,20.1601, the Energy Reorganization Act of 1974, 20.1703,20.1901,20.1902,20.1904, (c) Each shipment manifest must as amended; an.15 U.S.C. 552 and 553; 20.1905,20.1906,20.2002,20.2004, include a certification by the waste the NRC is adopting the followin8 20.2006,20 2102,20.2103,20.2104, generator as specified in section II of amendments to 10 CFR Part 20. 20.2105,20.2106,20.2107,20.2108, appendix G to 10 CFR Part 20.

20,211 r', 20.2201, 20.2202, 20.2203, (d) Each person involved in the PART 20-STANDARDS FOR 20.2204, 20.2205, 20.2206, 20.2301, and transfer for disposal and disposal of 1 PROTECTION AGAINST RADIATION waste, including the waste generator,

1. The authority citation for Part 20 ap(pendix G to to CFR Part 20.c) This wastepart contains collector, information waste processor, and continues to read as follows: collection requirements in addition to disposal facility operator, shall comply those approved under the control with the requirements specified in Authority: Secs 53,63,65,81,103,104, 161,182,186,68 Stat. 930,933,935,936, number specified in paragraph (a) of section !!! of appendix G to 10 CFR Part 937,948,953,955 as amended, sec.1701, this section. These information 20.

106 Stat. 2951,2952,2953 (42 U.S C. 2073, collection requirements and the contml 2093,2095,2111,2133,2134,2201,2232, numbers under which they are A PPendix F To Part 20 (Reserved]

2236, 2297f), secs. 201, as amended. 202. roved are as follows:

206. 88 Stat.1242, as amended, 1244,1246 ap(1)In S 20.2104, NRC Fonn 4 is 5. Appendix F to part 20 is removed (42 U.S.C. 5841,5842, 5846). approved under control number 3150- and reserved.

0005. Dated at Rockville, Maryland this 8th day

2. Section 20.1002 is revised to read (2)In SS 20.2106 and 20.2206 NRC of September,1998.

as follows:

Form 5 is approved under control For the Nuclear Regulatory Commission.

I 20.1002 Scope. number 3150-0006. Ilugh L. Thompson, Jr' The regulations in this part enply to (3) In S 20.2006 and appendix G to 10 CFR Part 20, NRC Form 540 and 540A Acting Executive Directorfor Operations.

persons licensed by the Commission to IFR Doc. 98-25176 Filed 9-.18-98; 8'45 ami receive, possess, use, transfer, or is approved under control number dispose of byproduct, source, or special 3150-0164. en.uwo coos 7swoi-e i

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u100f%EiED PROPOSED RULE 20 _ usyac (03fg6o/ 07) [7590-01-P]

NUCLEAR REGULATORY COMMISSION  % OCT -1 All :29 OFF:. ~9 RU 10 CFR Part 20 ADJU: -

iJ RIN: 3150-AF99 Transfer for Disposal and Manifests; Minor Technical Conforming Amendment AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC)is amending its regulations concerning low-level waste shipment manifest information. The currently effective codified regulations (CFR) include a dualimplementation procedure that allows use of one of two manifesting procedures. The use of new manifesting requirements, which were promulgated on March 27,1995, became mandatory on March 1,1998. Therefore, this action is necessary to remove expired provisions from the ,egulations. An additional correction is being made to the scope section of this part to rectify an inadvertent change.

M 20, !998 EFFECTIVE DATE: (00 dois iivn Je;e of pub Lobun i th; I;dere: Row n o.).

h m$3fg50/21 9lD/ 8 R$d40 lib l0 ffo af

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s 4 .FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear Material Safety l

. and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

. (301) 415-6196, e-mail MFH@nrc. gov.

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SUPPLEMENTARY INFORMATION

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Background

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The purpose of these amendments to 10 CFR Part 2'O are to: (1) issue technical-t . conforming changes to $$ 20.1009 and 20.2006 and appendix F; and (2) correct an inadvertent L

change made to $ 201002. The amendments are'necessary to restore the most current and L .. .

complete version of the section concerning the information collection requirements approved by '

u . the Office of Management and Budget (OMB) and to remove informatioi. that refers to a time period that has now passed, and therefore is'no longer applicable. The final rule entitled " Low-Level Waste Shipment Manifest Information and Reporting" (60 FR 15649; March 27,1995) established a compliance period of almost 3 years before the use of the new manifesting requirements became mandatory. The mandatory effective date was March 1,1998. Until the rule became mandatory, the NRC permitted the continued use of manifest requirements that

? were in effect before March 27,1995. Therefore, Part 20 contains a dual implementation procedure that allows the use of either the old manifesting requirements or the new manifesting requirements. Because the use of the new requirements became mandatory on March 1,1998, reference to the previous manifesting requirements is inappropriate and might cause confusion to users. This amendment will simplify the appropriate sections of the CFR by removing the now

- obsolete procedures.

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The requirements in S 20.1009, "Information collection requirements: OMB approval,"

published as part of the final rule on March 27,1995, became effective on March 1,1998.

However, in between its promulgation on March 27,1995, and March 1,1998, other changes have been made to Part 20 that required corresponding changes to this section. Therefore, when the March 27,1995, rule became effective, it superseded approved changes to S 20.1009 made since March 27,1995. This final rule will update 6 20.1009 to restore the changes made to this section between March 27,1995 and March 1,1998.

Section 20.2006, " Transfer for disposal and manifests," is being revised to eliminate the option to use either appendix F or appendix G, eliminate reference to appendix F, and to require the use of appendix G, since appendix F is now obsolete.

Appendix F to Part 20, " Requirements for Low-Level Waste Transfer for Disposal at Land Disposal Facilities and Manifests,"is being entirely removed and appendix F will be noted as

" Reserved."

An additional amendment deals with an inadvertent change that was made to the scope section of Part 20 during the final rulemaking, " Criteria for the Release of Individuale Administered Radioactive Material"(62 FR 4132 dated 1/29/97). The inadvertent change to this section eliminated the proper reference to Part 36, " Licenses and Radiation Safety Requirements for Irradiators" and to S 76.60 dealing with certification of gaseous diffusion plants.

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[- _ Because these amendments deal with agency organization, practice, and procedure, the i

notice'and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 ,

U.S.C. 553(b)(A). The amendments will be effective 60 days after publication in the Federal 1

- Register.

l l Compatibility'of Agreement State Regulations j 1

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Under " Policy Statement on Adequacy and Compatibility of Agreement State Programs,"

approved by the Commission on June 30,1997, $ 20.2006 and appendix F are listed as compatibility category "B." Under compatibility category B, the program elements have significant direct transboundary implications that the State should adopt with essentially identical ,

j

. language. . Section 20.1009 is not applicable to the Agreement States. Section 20.1002 is listed l.

~ as compatibility category "D." Under compatibility category D, this section is not required for L l purposes of compatibility; however, if adopted by the State, should be compatible with NRC.

Environmental Impact: Categorical Exclusion L The Commission has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

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Paperwork Reduction Act Statement )

This final rule does not coritain a new or amended information collection requirement subject to the Paper Reduction Act of 1995 (44 U.S.C. 3501 et seq.). - Existing requirements were approved by the Office of Management and Budget, approval 3150-0014.

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Public Protection Notification )

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If an information collection does not display a currently valid OMB control number, the I i

NRC may not conduct or sponsor, and a person is not required to respond to, the collection of I information.

Regulatory Analysis 4

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A regulatory analysis has not been prepared for this final rule because this rule is i considered a minor non-substantive amendment. It has no economic impact on NRC licensees or the public.

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Backfit Analysis l

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

Small Business Regulatory Enforcement Fairness Act l

In accordance with the Small Business Regulatory Enforcement Faimess 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 Affairs, Office of Management and Budget.

List of Subjects

~ 10 CFR Part 20 Byproduct material, Criminal penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Special nuclear material, Source material, Waste treatment and disposal.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act 4

of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendment to 10 CFR Part 20.

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PART 20-STANDARDS FOR PROTECTION AGAINST RADIATION i i

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1. The authority citation for Part 20 continues to read as follows:  !

- Authority: Secs. 53, _63, 65, 81,103,104,161,182,186, 68 Stat. 930, 933, 935, 936, 937,948,953,955 as amended, sec. 1701,106 Stat. 2951,2952,2953 (42 U.S.C. 2073,2093, 2095,2111,2133,2134,2201,2232,2236,2297f), secs. 201, as amended,202,206,88 Stat.

' 1242, as amended, 1244,1246 (42 U.S.C. 5841, 5842, 5846).

21 Section 20.1002 is revised to read as follows:

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$ 20.1002 ' Scope The regulations in this part apply to persons licensed by the Commission to receive, l

- possess, use, transfer, or dispose of byproduct, source, or special nuclear material or to operate a production or utilization facility under Parts 30 through 36,39,40,50,60,61,70, or 72 of this chapter, and in accordance with 10 CFR 76.60 to persons required to obtain a certificate of compliance or an approved compliance plan under Part 76 of this chapter. The limits in this part do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, to exposure from individuals administered radioactive material and released in accordance with 9 35.75, or to exposure from voluntary participation in medical research programs.

3. Section 20.1009 is revised to read as follows:

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$ 20.1009 information collection requirements: OMB approval.

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(s) The Nuclear Regulatory Commission has submitted the information collection 7

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requirements contained in this part to the Office of Management and Budget (OMB) for approval

.as required by the Papennork Reduction Act (44 U.S.C. 3501 et seq.). 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 OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0014.

(b) The approved information collection requirements contained in this part appear in

$$ 20.1003, 20.1101, 20.1202, 20.1203, 20.1204, 20.1206, 20.1208, 20.1301, 20.1302, 20.1403,20.1404,20.1406,20.1501,20.1601,20.1703,20.1901,20.1902,20.1904,20.1905, 20.1906,20.2002,20.2004,20.2006,20.2102,20.2103,20.2104,20.2105,20.2106,20.2107, 20.2108, 20.2110, 20.2201, 20.2202, 20.2203, 20.2204, 20.2205, 20.2206, 20.2301, and appsndix G to 10 CFR Part 20.

(c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. These information collection 4

requirements and the control numbers under which they are approved are as follows:

4 (1) in S 20.2104, NRC Form 4 is approved under control number 3150-0005.

(2) In S 20.2106 and 20.2206, NRC Form 5 is approved under control number 3150-0006.

(3) in S 20.2006 and appendix G to 10 CFR Part 20, NRC Form 540 and 540A is approved under control number 3150-0164.

(4) In 6 20.2006 and appendix G to 10 CFR Part 20, NRC Form 541 and 541 A is approved under control number 3150-0166.

(5) In S 20.2006 and appendix G to 10 CFR Part 20, NRC Form 542 and 542A is approved under control number 3150-0165.

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4. .Section 20.2006 is revised to read as follows:

5 20.200s Transfer for disposal and manifests.

(a) The requirements of this section and appendix G to 10 CFR Part 20 are l designed to -

I (1) Control transfers of low-level radioactive waste by any waste generator, waste collector, or waste processor licensee, as defined in this part, who ships low-level waste either directly, or indirectly through a waste collector or waste processor, to a licensed low-level waste land disposal facility (as defined in Part 61 of this chapter);

(2) Establish a manifest tracking system; and (3) Supplement existing requirements concerning transfers and recordkeeping for those wastes.

(b) Any licensee shipping radioactive waste intended for ultimate disposal at a licensed land disposal facility must document the information required on NRC's Uniform Low-Level Radioactive Waste Manifest and transfer this recorded manifest information to the intended consignee in - rdance with appendix G to 10 CFR Part 20.

(c) Each shipment manifest must inciude a certification by the waste generator as specified in section 11 of appendix G to 10 CFR Part 20.

(d) Each person involved in the transfer for disposal and disposal of waste, including the waste generator, waste collector, waste processor, and disposal facility operator, shall comply with the requirements specified in section lli of appendix G to 10 CFR Part 20.

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APPENDIX F TO PART 20 [ RESERVED) l- 5. Appendix F is removed and reserved.

Dated at Rockville;-Maryland this 8th day of September 1998.

For the Nuclear Regulatory Commission.

I o# Q Hu .. Thompson, Jr.,

Act Executive Direc r for rations.

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