ML20214K232
| ML20214K232 | |
| Person / Time | |
|---|---|
| Issue date: | 03/27/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Minogue R NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20210C089 | List: |
| References | |
| FRN-51FR22531, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-61, RULE-PR-70, RULE-PR-72 AC16-1-19, NUDOCS 8608200094 | |
| Download: ML20214K232 (7) | |
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NUCLEAR REGULATORY COMMISSION UNITED STATES
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MAR 2.1996 MEMORANDUM FOR:
Pobert B. Minogue, Director Office of Nuclear Regulatory Research Donnie H. Grimsley, Director FROM:
Division of Rules and Records Office of Administration PROPOSED RULE REQUIRING LICENSEES TO NOTIFY
SUBJECT:
NRC 0F BANKRUPTCY FILINGS The Division of Rules and Records, Office of Administration, concurs on the package containing the proposed rule that would require licensees to NRC of bankruptcy filings.
that sets out a number of editorial corrections and adjustments.
Please note that the proposed rule may not be submitted for signature and publication until the package requesting OMB review and approval of the information collection requirements has been transmitted to OMB.
If you have any questions, please have a member of your staff contact John Philips, Chief, Rules and Procedures Branch, on extension 27086 or Michael Lesar of his staff on extension 27758.
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My Donnie H. Grimsley, Director Division of Rules and Records Office of Administration l
Enclosure:
As stated nh Al' ~ t i
i l
8608200094 860818 PDR PR PDR 30 S1FR22531
-E-Victor Stello, Jr.
In addition, exist at the site and detemine the appropriate action to take.
following receipt of the notification, the Comission will assess the appropriate action to take in any bankruptcy proceeding involving the licensec.
Tha purpose of this would be tu seek to have available assets of the licensee applied to cover costs of site cleanup before they are disbursed elsewhere and could include. NRC beconing a party to the bankruptcy proceedings.
RECOMEGATIOf S AND NOTATIONS It is recomended that you approve the proposed rule and Recomendations.
It is also publication of a notice in the Federal Register (sea Enclosure A).
recomanded thct you certify that the proposed rule will not have a significant ecnnonic impact on a substantial number of small entities (see REGULATORY FLEXIBILITY CERTIFICATION in Enclosure A and the REGULATORY ANALYSIS, Enclosure B).
(1) The notice of proposed rulemaking in Enclosure A will be Notations.
(2) The published in the Federal Register with a 30 day coment period.inf Under 10 CFR 51.22 Office of Management and Budget (see Enclosure A). (3)
(c)(iii) preparation of an environmental impact statement or an environL:ntal assessment is not necessary, since the eligibility criteria for categorical (4) In accordcnce with 10 CFR 50.109, a backfit analysis exclusion are met.
has been perfomed which indicates that the direct and indirect costs of implementation of this rule are minimal and are justified in vie Information relevant to the backfit factors specified in 10 CFR 50.109(c) are set out in the Regulatory Analysis (Enclosure B). (S) No additional NRC resource requirenents are anticipated as a result of this action.
(6) The (7) The Agreement States will be infomed of the proposed rulemaking.Su Comittcc, the Subcomittee on Energy and the Environment of the House Interior and Insular Affairs Comittee, and the Subcomittee on Energy Conservation and l
Power of the House Energy and Comerce Comittee will be notified of theNotification of th l
Commission's action by letter such as Enclosure C.
(8)
Comission of this action will be made in the Weekly Infomation Report (Enclosura D).
Rchert B. Minogus, Director Office of I;uclect Regulatory Research
Enclosures:
as stated RES:DD ADM hp DFRoss DHGrimsley GCunningham SEE ATTACH F
PREV p0NCURRE ES.
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i Federal Register / Vol. 51. No.119 / Friday. June 29,1986/ Proposed Rules 22531 (5)***
Regulatory Research. U.S. Nuclear promptly, before they become more (vi) * *
- As a condition of approval Regulatory Commission. Washington, serioua, so that it can take necessary as a bird quarantine facility. the facility DC 20555. telephone (301) 443-7815.
actions to assure that the health and must comply with the requirements set supptsasswTasty usronnaanose safety of the puouc la protected.
forth in this section within 18 months Dere is no current regulation from the date of notification, except
Background
requiring licensees to notify the NRC in that for applicants selected for Current NRC regulations contain cases of bankruptcy filings.nerefore, consideration for approval of bird regi>irements for issuing licenses and the the NRC may not be aware of a quarantine facilities in Miami. Florida, terms and conditions of those licenses significant financial problem for a as a result of the announcement concerning design of facilities and use of particular licensee and thus also not be published in the Federal Register on ms.terial. A licensee who is experiencing aware of potential public health and April 18,1984 (49 IR 15244-15245) who severe economic hardship may not be safety problems.
have not already complied with the capable of carrying out licensed M*C"**I*"
requirements set forth in the section. the activities in a manner which protects facility must comply with such public health and safety. In particular, a Under the proposed regulations, each requirements within 9 months from [date heensee involved in bankruptcy licensee would be required to notify the ofpublication ofafinalrule]. * *
- proceedings can have problems affecting appropriate regional office of the NRC.
payment for the proper handling of in writing,in the event of the Done at Washington. D.C., this 13th day of licensed radioactive material and for the commencement of a bankruptcy June toes.
decontamination and decommissioning proceeding involving the licensee.
[L AtweH.
of the licensed facility in a safe manner.
According to the United States Code, a Improper materials handling or bankruptcy case is commenced by filing Deputy A dministrator. Veterinary Service.
dec ntammation activities can result in a petition with a court by or against a
[F1t Doc. 86-13953 Filed 6-19-86; 8.45 am]
the spread of contamination throughout person for the purpose of judging that
_ e,,
a licensee a facility and the potential for person bankrupt.The licensee would be dispersion of contaminated material required to notify the NRC or any Usite inancial dificulties also can petition (voluntary or involuntary) filed NUCLEAR REGULATORY result in problems affecting the under Title 11 (Bankruptcy] of the United COMMISSION licensee's waste disposal activit,es.
States Code involving the licensee. A i
10 CFR Parts 30,40l 50,61,70, and 72 Instances have occurred in which f ling under any chapter of the licensees filed for bankruptcy and the Bankruptcy Code could result in NRC has not been aware that this has potential consequences regarding the Bankruptcy Filing; Notification happened. NRC inspectors have found, licensee's ability to handle licensed Requirements belatedly, that a licensee has vacated material.
Aotwcy: Nuclear Regulatory property and abandoned licensed Notifying the NRC in cases of Commission.
material or has been unable t bankruptcy would alert the Commission ACTION: Proposed rule.
decontaminate its facility and properly so that it may deal with potential dispose of the waste.Sometimes a hazards to the public health and safety suumany:The Nuclear Regulatory significant amount of time elapsed posed by a licensee that does not have Commission is proposing to amend its before the NRClearned of the the resources to properly secure the regulations by requiring a licensee to bankruptcy. During this time the licensed material or clean up possible notify the appropnate Regional property may have changed hands or contamination. NRC actions may l
Admimstrator of the NRC in the event been abandoned, perhaps leaving include orders to modify or amend a that the licensee is involved in licensed matenal unprotected and license or other necessary action and bankruptcy proceedings.ne proposed leaving radioactive contamination on could include limitations on licensed rule is necessary because a licens 1 s the site.He passage of time permits the activity which would only termit the gossible spread of contamination storage oflicensed material.The NRC severe financial conditions could affect eyond the original area of confinement has taken these actions in the past in its ability to handle licensed radioactive material and the NRC must be notified and makes more difficult the..
similar circumstances. In addition.
so that appropriate measures to protect government's tasks of minimizing the prompt notification of the Commission the public health and safety can be potential risk to public health and safety would allow it to take timely and
- taken, and making the party responsible for the appropriate action in a bankruptcy DATE: Comment period expires July 21, presence of the material, the licensee
- proceeding to seek to have available 1986. Comments received after this date perform cleanup operations. In some assets of the licensee applied to cover will be considered if it is practical to do cases. NRC inspectors have found costs of site cleanup before funds are so but assurance of consideration is significant amo e a udioactive disbursed and become unavailable for given only for comments received on or contaminatio. present at licensee sites before this dat and the potential for dispersal of the d e P-A licensee would not be affected by contaminated material offsite. Because these amendments unless and until a Anonasses: Submit written comments of the potential risk to public health and to the Secretary. U.S. Nuclear safety if the facilities were left in their bankruptcy petition is filed.The Regulatory Commission. Washington.
as.found condition. it was necessary for proposed rule prescribes the specific DC 20555. Attention: Docketing and the NRC or the State government to take action that a licensee would be required Services Branch. Copies of comments protective and remedial action and to to follow at that time.This action i
received may be examined in the expend substantial amounts of public includes notifying the NRC within a
. Comm! sion's Public Document Room at funds for cleanup of the facilities certain time period by supplying the 1717 H Street NW Washington D.C.
because funds of the bankrupt licensee information specified.
PO# PunTwen perone 4ATION CostTACT:
were no longer available.De NRC De proposed amendments apply to
![a Frank Cardile. Office of Nuclear should be notifled of these situations alllicenses covered by to CFR Parts 30.
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Federal Register / V11. 51, No.119 / Friday June 30. saco / ?.gn" Rules 23532 e
- 40. 50. 61. 72 and 72. His includes unless bankruptcy filing occurs. Even in employees by reducing the potential for byproduct, wource, and special nuclear the event of bankruptcy, the inapact of spread of contamination in the facility sy m:terial beansees. as well as production this rule on lloonsees is esaall since the and resultant occupational exposure.
Jf c nd stihuation facihty. low. level waste United States Code contains (s)ne proposed amendment imposes k'
disposal facility, and independent spent requirements regarding notification of regeltements for administrative fuel storage installation licensees.
creditors of bankruptcy.This rule would procedure action only, hence there is no require one additional notification. In equipment installation cost. no facility g.iromnentalImpact addition, the required action consiste downtime cost, and no. cost of Categorico/ Exclusion only of a notification by mall to the construction delay. As indicated in (2).
NRC, an action representing less than there is no action required of a licensee The NRC has determined that this one.balf person. hour of effort.ne net unless and until a bankruptcy petition is proposed regulation is the type of action overall cost to the industry is negligible.
filed and hence there is no continuing d; scribed in categorical exclusion to cost associated with the backfit. Even in CFR 51.22(c)(3)(iii). Therefore, neither an Backfit Analysis the event of bankruptcy the cost impact Environmentalimpact statement nor an Backfit Anolysis Factors of this rule is negligible because the environmental assessment has been action required, namely a notice listing 10 CFR 50.100 (50 FR 38097) requires the location and date of the bankruptcy prepared for this proposed regulation.
that an analysis be performed for filing mailed to the NRC regional office.
P perwork Reduction Act Statement backfits which the Commission seeks to is minimal. As noted in (3) and (4)
This proposed rule amends impose on power reactor licensees. He above. timely involvement of NRC in the information collection requirements that proposed amendment requiring situation can minimize potential for cre subject to the Paperwork Reduction notification of bankruptcy has been spread of contamination in the facility Act of 1980 (44 U.S C. 3501 et seq.l. This analyzed based on the factors listed in and therefore also minimize added rule has been submitted to the Office of to CFR 50.109(c) as follows:
cleanup costs which could then occur.
M:nagement and Budget for review and (1)De objective of the proposed This reduction in cost can be substantial amendment is for NRC to have means in compared to the small cost associated cpproval of the paperwork place so that it would be alerted and with the notification, resulting in net requirements.
would have the opportunity to take
., Regulatory Analysis necessary actfon to deal with potential savings.
(8)The proposed amendment is The Commission has prepared a draft hazards to the public health and safety administrative and hence has no safety regulatory analysis on this proposed that may occur at a facility where a impact of changing plant or operational regulation.The analysis examines the licensee is involved in bankruptcy costs and benefits of the alternatives proceedings. Although the likelihood of complexity.
(7) With regard to the resource burden considered by the Commission.The utility bankruptcy is small and in most on the NRC no NRC activity is draft ona!> sis is available for inspection instances NRC would be aware ofit necessary unless and until a licensee in the NRC Pubhc Document Room,1717 occurring. there is a potential that NRC submits a notification to the NRC. lf a H Street NW. Washington. DC. Single may not be aware of a particular notice were submitted, the amount of copies of the analysis may be obtained bankruptcy situation involving a time spent on actually reading and from Frank Cardile. U.S. Nuclear licensee.
docketing of the notification would be Regulatory Commission. Washington, (2) The proposed amendment would l
DC 20555. telephone (301) 443-7815.
require a licensee to notify the minimal.By alerting NRC to the situation, this rule would put NRC in a The Commission requests public appropriate regional office of the NRC.
better reactive mode and thereby could i
comment on the draft regulatory in writing,in the event of the reduce NRC staff time involved in enalysis. Comments on the draft commencement of a bankruptcy activities such as necessary enzlysis may be submitted to the NRC proceeding involving the licensee. A enforcement actions and meetings with es indicated under the acontsses licensee would not be affected by these amendrcents unless and until a a concerned public regarding a contaminated facility.This reduction in headmg.
bankruptcy petition is filed.
Regulatory nexibility Certification (3)The proposed amendments will staff time could be significantly greater in accordance with the Regulatory improve NRC's inspection and than that spent in readmg and dorleting Flexibility Act of 1980. 5 U.S C. 805(b).
enforcement capabilities in dealing the notification, thus resulting in a net the Commission hereby certifies that promptly with the potential radiological reductionin staff resources.
this rule,if promulgated, will not have a consequences of a licensee's severe (8)The proposed amendment would financial problems thus providing a apply to all power reactor licensees substantial number of small entities benefit in protection of the public health independent of facility type. design, and significant economic impact on a This proposed rule would amend to CFR and safety. In addition, although the age.
Parts 30. 40. 50. 61. 70, and 72 to require level of risk to the public is small. NRC's (9) When the proposed amendment is that licensees notify the appropriate timely involvement can result in.some made effective.it would be a final NRC Regional Off ce in the event of the potential reduction in the risk of action.
commencement of a bankruptcy radiation exposure by reducing the
- h o & sis M d na h.
on proceeding involving the licensee so that hkelihood that improper radioactive Based on the anassa of the factors as NRC is aware of this significant waste handling or decontamination will financial problem and can take occur at a facility where a licensee is presented above the Commission has necessary actions assuring that the involved in bankruptcy proceedings.
determined that this proposed rule does (4)In a manner similar to that not meet the backfitting requirements of health and safety of the publicis described in (3) above, although it would 10 CFR 50.109(a)(3) namely that there be protected. Because no action is required cf a licensee by these amendments be small, the proposed amendment can a substantialincrease in overall unless and until a bankruptcy petition is result in some reduction in risk of protection of public health and safety.
filed, there is no impact from this rule radiological exposure of facility However, the proposed rule is not
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Federal Register / Vol. 51. No.119 / Friday June so.1986 / Proposed Rules 22533
=
C_ tended to provide a substantial 20 CMI 7trrt 72 (ii)De date of the filing of the inaease is overall protection but is Manpower tralmin8 Prosrams. Nuclear petition.
oossidered jusuaabis and warranted to materials.Ocampational safety and PARRT N LCtHSING OF prevent a domesse in the level of health.Reponing and scordkaeping SOURCEIRATERIAL f
protection considered available under current regulations. In addition. the rule M9".l84888t* 88Curity M*88ur's. Sput 3.ne authori citation for Pan 40 fuel is considered to save resources in continues to rea as foHows:
bankruptcy circumstances.De Proposed ruleanaking Ausberity: Sr:s. e2. e3. es. es. 81.181.1s2.
Commission proposes to promulgate the For the reasons set out in the satsaa.es Stat.e32.m3.ess sea es3.see.
proposed rule for the following reasons:
preamble and under the authority of the ess. es amended. secs. netz). e3. es. Pub. L (1) There la some, albeit small. potential Atounc Energy Act of 1954, as amended, es-eos. s2 Stat. 3033, as sawnded. 3me, sec.
f;r reduction in public and occupational the EnergyReorganization Act of 1974.
234. a3 Saat 444. as amended (42 US.C.
cxposure:(2) the action re uired by this as amended, and 5 U.S.C. 553, the NRC mieltzt m. 20e3. 2o04,20es. 2111. 2113.
rule is administrative,re tingin no is proposing to adopt the fol) 2114. 2201. 2232. 2233. 2236. 22s2); sec. 274 l
Pub. L s2-373. 73 Stat. se8 (42 US.C 2021)-
Installation, downtime. or construction amendments to 10 CFR Parts 30 40. 50 seca 2m as amended.202.3061s Stat 1242.
costs and no effect on plant or
- 61. 70. and 72.
eperational complexity; (3) the burden as amended.1244.1246 [42 U.S.C sa41. setz.
l sesek uc. 275. 92 Stat. 3021 es amended by cn industry and NRC is minimal. and in PART 3D-MULES OF GENERAL fact the proposed action would probably APPLICABILITY OF DOMESTIC c.10T. 2 S t.
Ud result in a net reduction in NRC resource LICENSING OF BYPRODUCT em I
cxpenditures; and (4) the proposed MATERLAL Section 40.31(g) also issued under sec.122. 68 cetion is justified for non-power reactor Stat. e9 (42 U.S.C 2152). Section 40.46 also end materials facilities based on an 1.De authority citation for Part 30 luued under sec. tee, sa Stat es4. es casessment of the costa and bene 6ts in continues to read as follows; amended (42 US.C 2234). Srction 40.71 also Issued under sec.187. ee Stat oss (42 U.S.C.
the Regulatory Analysis (Section 6.0).
Authority: Sections et, s2.181.182.183.186.
...cnd imposing it for reactor plants also se Stat. ess, sea, es3. 954. ess, as amended.
22371 For the purposes of sec. 223 es Stat. e58. as would provide for consistency in the sec. 234,33 Stat 444. as amended (42 US.C amended (42 US.C. 2273): 1140.3. 40.25(d) regulations.
2111, 2112, 2201, 2232, 2236, 2282); secs. 301.
(1H3). 40.3s (eHd). 40.41 (b) and (c). 40 46.
as amended. 202. 20e. et Stat.1242, as 40.51 (a) and (c). and 40.s3 are issued under List of Sub}ects amended 1244.1246 (42 U.S.C. 5641, 5442.
occ. telb. 68 Stat. e48, as amended (42 US C.
5646)
Section 30.7 also issued under Pub.1. es-2201(b)) and ll 40.25 (c) and (d)(3) and (4).
e.26(c)(2). e.3ste). e 42. e.e1. e.e2. e 64 Byproduct material. Government col. sec. to, or Stat. 2est (42 US.C. 5851).
and 40.65 are issued under occ.181o. 68 Stat.
contra cts. Intergovernmental relations.
Section 30.34{b) also issued under sec.184. e8 eso. as amended (42 US.C. 2201(o)).
S'*t. es4. as amended (42 US.C 2234).
Isotopes. Nuclear materials, Penalty.
Section 30.st alao losued under sec. ts7 es 4.Section 40.411s smended by adding Radiation protection. Reporting end a new paragraph (f) to read as follows:
recordkeeping requirements.
u s s. 223. e8 Stat. 958. as amended (42 U.S.C 2273): ll 30 3. 30.34(b) 5 40.41 Terms and condttions of neenses.
10 CFR Part 40 and (c). 30.41(a) and (c). and 30.53 are issued Government contracts. Hazardous under sec. telb. es Stat. e4a. es amended (42 (f)(1) Each licensee shall notify the materiale-transportation. Nuclear US C. 2201(b)h and il 30.38, 30.51. 30.52.
materials. Penalty. Reporting and 30.55, and 30 56(b) and (c) are issued under appropriate NRC Regional sec.1810. es Stat. aso. as amended (42 US.C Admimstrator, in writing, immediately recordkeeping requirements. Source 2201(o)L followmg the filing of a voluntary or l
material. Uranium.
inv untary petition for bankruptcy
- 2. Section 30.34 is amended by adding under any Chapters of Title 11 10 CFR Part 50 a new paragraph (h) to read as follows:
(Bankruptcy) of the United States Code on.'l co or tio b fer nce f34 Tenneand ajam oncenaea.
pre e cn e-Intergovernmental relations. Nuclear (ii) An entity (as that term is defined power plants and reactors. Penalty.
(h)(1) Each licensee shall notify the in 11 U.S.C. I 101(14)) controlling a Rcdiation protection. Reactor siting appropriate NRC Regionaj i
criteria. Reporting and recordkeeping Administratror, in writing, immediately beensee or listing the license or licensee requirements.
following the filing of a voluntary or as property of the estate; or involuntary petition for bankruptcy (iii) An affiliate (as the term is defmed 10 CFR Part of under any Chapters of Title 11 in 11 U.S.C. I 101(2)) of the licensee.
Low level waste. Nuclear materials.
(Bankruptcy) of the United States Code (2) This notification must indicate:
Penalty. Reporting and recordkeeping by or against:
(i)The bankruptcy court in which the requirements. Waste treatment and (i) Alicensee; petition for bankruptcy was filed; and disposal.
(ii) An entity (as that teitn is defined (ii)The date of the filing of the in 11 U.S.C. I 101(14)) controlling a pefition.
l 10 CFR Port 70 I censee or listing the license or licensee PART 50-DOMESTIC LICENSING OF Hazardous materials-transportation, as property of the estate; or PRODUCTION ANDUTILIZATION Nuclear materials. Packaging and (iii) An affiliate (as that term is FACILITIES containers. Penalty Radiation defmed in 11 U.S.C. I 101(2)) of the protection. Reporting and recordkeeping licensee.
- 5. The authority citation for Part 50 is requirements. Scientific equipment.
(2) This notification must indicate:
revised to read as follows:
Security measures. Special nuclear (i)The bankruptcy court in which the Authority: Sees.102.103. tos.105.161.182 materials.
petition for bankruptcy was filed; and 1a3.1ae.189. es Stat. ase, e37. e38. e4s. e53.
I l
l L-
. i
m "" ~*'" Fedeel Radster / Vek. st No.119 / Friday, June 20. sees / Prapted Rules pr '4 884. 365. 988$ as amended, asc. 234,88 Stat.
SH. as amended (4f U.S.C 3073. 30r7. 3002.
(a) and (d), m30b (c). and (e). 7021tc).
1344. as amended 142 U.S C 21312138,21H.
3083. 3006. 2111. 2301. 2232. 2233); esca. 302.
FO.24(b) m32 (a)(6). (c). (d). (e), and (3) 70JS.
2135. 2301,223L 3233,3238. 2230). esos. 301.
308. 38 Stat.1844.1346 (42 US.C. 3442. Bate).
70.81 (cHs). 70.se. 70.s7 (b) and (d). and FDJs as ammaded. 30L 308, at Stat.1841 as eses.10 and 14. Pub. L shot, et Stat. se6t (aHsit3) and (bHj) are nosued under sec.
amended 1244.1246 (42 US.C 9041. 8842.
(42 US.C Rotta and test).
sett es Stat 949, se araended (42 US C 8446).
For the purposes of eac. 223. es Stat see, as saol(i); and il FDJob (d) and (e). 70.ss. 70.51 Section 80.7 also leaued under Pub. L 96-amended (42 U.S C 2273): Tables 1 and 2.
(b) and (1). 70.52. 70.53, 70.H. 70.55. 70.58 001, sec.10. 32 Stat. 2051 (42 US.C 5851).
ll s1J. 81.34. 81.25,81.27[a). 81.41 through (g)(4), (k). and []). 70.80, and 70.00 (b) and (c)
SectJon 30.10 also leaued under seca.101.185.
e1.43. 81.52,81.53. 81.55. 81.56, and 81.81 are issued under sec. Selo. to Stat. 950. as te Stat. 936. 955. as amended (42 US C. 2131.
through 81.63 issued under sec.161b. Se Stat.
amended (42 U.S.C.2201(o)).
2235): sec.102. Pub. L 91-190. 83 Stal. 853 (42 948, ae amended (42 US C 2201(b). t l 81.10 U.S C. 4332). Sections 50.23. 30.35 50.55. 80.56 through et.16. 61.24. and 81J0 issued under 14 on M2 h ameded by also issued under sec.185. Se Stat. 955 (42 sec.161o. Se Stat. 950, as amended (42 U.S C.
adding a new paragraph (a)(9) to read as U.S.C. 2235). Sections 50.33a. so.55a. and 2201(o)).
follows:
Appendix Q also lasued under sec.102. Pub.
L 91-190. 83 Stat. 853 (42 US.C. 4332)
- 8. Section 61.24 is amended by adding Sections 50 34. and 50.54 also issued under a pew paragraph (k) to read as follows:
(a) Each license shall contsin and be sec. 204. se Stat.1245 (42 U.S C 5844).
I61J4 Conditions of Econaes.
Sections 50.58. 80.91. and 50.92 also issued subject to the following conditions:
2133 2239 Se aa und (k)(1) Each licensee shall notify the (9)(i) Each licensee shall notify the sec.122,68 Stat. 939 (42 US.C 2152). Sections appropriate NRC Regional appropriate NRC Regional 50.80-50 81 also issued under sec.184. 88 Administrator, in writing, immediately Administrator, in writing. Immediately Stat. 954. as amended (42 US.C 2234).
following the filing of a voluntary or following the filing of a voluntary or Section 50.103 also issued under sec.108,68 involuntary petition for bankruptcy involuntary petition for bankruptcy Stat. 939. as amended (42 U.S C 2138).
under any Chapters of 'I1tle 11 under any Chapters of Title 11 Appendix F also issued under acc.187. 68 (Bankruptcy) of the United States Code (Bankruptcy) of the United States Code Stat. 955 (42 U.S C. 2237).
For the purposes of sec. 223. 68 Stat. 958. as by or against; by or against:
(i) A licensee:
(A) A licensee-d c) 54 en a)
(ii) An entity (as that term is defined (B) An entity (as term is defined in 11 are issued under sec.1elb. 68 Stat. 948, as in n U.S.C.101(14)) controlling a amended (42 U.S.C 2201[b)). ll 50.10 (b) and licensee or listing the hcense or licensee U.S.C. I 101(14)) controlling a licensee or listing the license or licensee as (c) and 50.54 are issued under sec.161i. 68 as property of the estate; or property of the estate; or Stat. 949. as amended (42 U.S.C 2201(i]); and (iii) An affiliate (as that term is (C) An affiliate (as that term is iI 50.55(e). 50.59(bl. 50.70. 50.71. 50.72, and defined in 11 U.S.C.101(21) of the 50 78 are issued under sec.161o. 68 Stat. 950, licensee.
defined in n U.S.C. I 101(2)) of the licensee.
as amer.ded (42 U.S.C. 2201(o)).
(2) This notification must indicate:
- 6. Section 50.54 is amended by adding (i) The bankruptcy court in which the
( i) This notification must indicate:
a new paragraph (cc) to read as follows:
Petition for bankruptcy was filed; and (A) ne bankruptcy court in which the (ii) The date of the filmg of the petition for bankruptcy was filed; and 5 50.54 Constens of Econesa.
petition.
(B)The date of the filing of the petition.
{
(cc)(1) Each licensee shall notify the PART 70-DOMESTIC LICENSING OF sppropriate NRC Regional SPECIAL NUCLEAR MATERIAL j
Administrator,in writing. immediately PART 72-LICENSING l
followmg the filing of a voluntary or 9.The authority citation for Part 70 REQUIREMENTS FOR THE STORAGE involuntary petition for bankruptcy continues to read as follows:
OF SPENT FUEL IN AN INDEPENDENT under any Chapters of Tit)e 11 Authority: Seca. 51. 53.181.182.1s3. e8 SPENT FUEL STORAGE (Dankruptcy) of the United States Code Stat. 929. 930. 948. 953. 954. as amended. sec.
g 7
b waI h,
234. 83 Stat. 444. as amended (42 U.S C. 2071.
Y 2073,2201. 2232. 2233. 2282); seca. 201, as
- 1. De authority citation for Part 721s (i) A licensee; (ii) An entity (as that term is defined amended. 202,204. 206. 88 Sta t.1242. as revised to read as follows:
in u U.S C.101(14)) controlhng a amended.1244.1245,1248 (42 U.S.C. 5841 Authority: Secs. 51.53.57.62.63.65.so.81, 5842.5845.5846).
hcensee or listing the license or licensee Section 70.7 also issued under Pub. L 05-932, 933. 934. 935, 948. 953. 954. 955, a s 161.182,183.184.186.187, sa Stat. 929. 930.
ce property of the eslate; or 801, sec.10. 92 Stat. 2951 (42 U.S C 5851).
amended, sec. 234,83 Stat. 444, as amended (iii) An a3:liate (as that term is Section 70.21(g) also issued under sec.122. 68 (42 U.S C 2071. 2073,2077. 2092. 2093. 2095.
defined in 11 U.S C.101(2)) of the Stat. 939 (42 U.S.C. 2152). Section 70.31 also 2099.2111.2201.2232.2233.2234,2236.2237, licensee.
issued under sec. 57d. Pub. L 93-377. 88 Stat.
2282). sec. 274. Pub. L 88-273. 73 Stat. 688. as (2) This notification must indicate.
475 (42 U.S.C 2077). Sections 70.3e and 70.44 amended (42 U.S.C. 2021); seca. 201. 202. 206.
(i) We bankruptcy court in which the als issued under sec.184. 68 Stat. 954, as 88 Stat.1242.1244.1246, as amended (42 petition for bankruptcy was filed; and amended (42 U.S.C 2234). Section 70.61 also U.S.C 5841. 5642,5846). Pub. L 95-601, sec.
t (ii) The date of the filing of the issued under seca.186.187. 68 Stat. 955 (42
- 10. 92 Stat. 2951 (42 U.S.C 5851); sec.102, u
petition-U.S C 2236,2237). Section 70.82 also issued Pub. L 91-190. 83 Stat. 853 (42 U.S C 4332).
ll under sec.108,68 Stat. 939, as amended (42 Section 72.34 also issued under sec.189. 68
=
PART 61-LICENSING U.S C. 2138).
Stat. 955 (42 U.S.C 2239). sec.134. Pub. L 97-REQUIREMENTS FOR LAND For the purposea of sec. 223,68 Stat. 958. ae 425. 96 Stat. 2230 (42 U.S C.10154).
smended (42 U.S C 2273); il 70.3. 70.19(c).
DISPOSAL OF RADIOACTIVE WASTE 70.21(c). 70.22(a). (b). (dHk). 70.24 (a) and (b).
- 2. Section 72.33 is amended by adding
(
- 7. The authority ritation for Part 61 7a32(a) (3). (5). (e). (d), and (i). 70.3e. 70.39 (b) e new paragraph (b)(6) to read as continues to read as follows:
and (c). 70.41(a). 70 42 (a) end (c). 70.56,70.57 follows:
l (b). (c), and (d). 70.58 (aHs)(3) and (hMJ) are Authority: Secs 53.57,62.63.85.81.161.
Lasued under sec. telb. 68 Stat. 948, a:
l 72.33 (Jcense constions.
182,183. 68 Stat. 930. 932. 933. 935. 948,953, amended (42 U.S.C. 2201(b)). ll 70.7. 70.20s I
l
.s.
m.:,%- <,e, Federal Register / Vol. 51. No.119 / Friday. ]une 20, 1988 / Proposed Rules 23835 are all subject to Michigan AirPollution aAft:Wrfilen comments most be Control Commission (MAPCC) Rule (b)Everylle mee issued under this received on or before July 21.1986.
336.1821. which has a final comp!!ance Port shall be subject to the following annammana. Copies of the State order.
date of December St. tees.no latest
~
conditions, even if they are not supporting materials, and public compliance date in the Order is explicitly atatad herein:
comments received in response to this December 31.1986, satisfying this first rulemaking are availsble for inspection
- I (6)(i) Esch limnsee shall notify the at the following address: U.S.
requirement.
2.He Order mustinclude reasonable cppropriate NRC Regional Environmental Protection-Agency. Air requirements for monitoring and
~'
' Administrator,in writir4 immediately and Radiation Branch (5AR-26). 230 reporting.This criterion is met by ths l
following the filing of a voluntary or South Dearborn Street Chicago. Illinois Order which requires quarterly reports iny:luntary petition for bankruptcy I
60004.
demonstrating complance with the under any Chapters of Title 11 Comments on this proposed action (Bankruptcy) of the United States Code should be addressed to: Gary Gelezian, provisions contained in it.
3.The Order must include reasonable by or against:
Chief. Regulatory Analysis Section. Air and practicable interim controls. The (A) A licensee.
and Radiation Branch (5AR-26), U.S.
Order contains interim VOC emission (B) An entity (as that term is defmed EnvironmentalProtection Agency, in 11 U.S.C i 101(14)) controlhng a Region V.230 South
Dearbom Street,
limits.
4.%e Order must include a finding license orlicensee as property of the Chicago, Illinois 80004.
that the source is currently unable to Estate; or Fon PunTHan eseronesAfioN CONTACT:
comply with the SIP requirements.The (C) An affiliate (as that term is Lars Johnson. Air Compliance Branch Order contains such a fmding.
defmed in 11 U.S.C. I101(2)) of the (5AC-26) U.S.EnvironmentalProtection
- 5. Notice and opportunity for public licensee.
Agency. Region V,230 South Dearborn hearing must be provided.Public (ii) This notification must indicate; Street. Chicagu Illinois 60604,(312) 886-hearings were held on July 23.1984, and (A)The bankruptcy court in which the 6325.
petition for bankruptcy was filed; and sueet.tutNTany neronesATsose On July January 15,1985.
6.The Order mustinclude a schedule (B)The date of the filing of the 2,1985, the MDNR submitted to USEPA for compliance.The Order includes felition.
for review and approval a DCO which it schedules for some emission sources had issued to General Motors which contain increments of progress, as D:trd at Bethesda, Maryland this 9th day Corporation. Truck and Bus Group for specified in 40 CFR Section 51.1(q) and oflune.1986 its plants located in Pontiac, Michigan, calls for immediate compliance for other For the Nuclear Regulatory Commission The Order under consideration
'i sources.
Vict r Stello jr.,
addresses the emission of VOCs from 7,If the Order is for a major source. it lIlt Doc. af-13998 Filed 6-19-as. 8 45 am!-
two small parts coating operations and a must notify the source of its possible Executive Dm ctorfor Operations.
maintenance coating operation at Plant liability for noncompliance penalties
(
1; the small parts dip prime operation, under Section120 of the Act.nis is
(
instrument panel and blackout provided for in the Order.
topcoating operations, and spray prime Because this Order has been issued to ENVIRONMENTAL PFIOTECTION operation at Plant 2; the chassis coating a major source of VOC emissions and r
operation, the side panel coating permits a delay in compliance with the AGENCY operation, and the repair coating applicable regulations,it must be 40 CFR Part 65 operation at Plant 4; and the medium.
approved by USEPA before it becomes duty truck, sheet metal, wheel, and effective as a DCO under section 113(b) 8I smallparts enamel topcoating of the Act.lf the Orderis approved by operations at Plant 6.nese emissions USEPA, source compliance with its l
Proposed Delayed Compliance Order are subject to Michigan Administrative terms would preclude Federal for General Motors Corporation, Truck Code 1980 AACS, R336.1621, which is enforcement action under section 113(b) and Bus Group part of the federally approved Michigan of the Act against the source for Aosucy:U.S. Environmental Protection SIP.The Order requires final compliance violations of the regulations covered by by December 31,1986.ne company has the Order during the period the Order is Agency (USEPA).
agreed to the terms of the Order and has in effect. Enforcement against the source AcTiow: Proposed rulemaking.
agreed to meet the increments under the citizen suit provision of the sUMMAny:The USEPA proposes to established in the Order. USEPA Act (section 304) would be similarly cpprove a Delayed Compliance Order evaluated the Order using criteria set precluded. If approved, the Order would
^
forth in section 113(d) of the Clean Air constitute an addition to the Michigan lDCO) issued by the Michigan Act(the Act),andin an April 26,1983, SIP, However, source compliance with l
Department of Natural Resources memorandum from Kathleen M. Bennett. the Order will not preclude assessment l
(MDNR) to the General Motors then Assistant Administrator for Air, of any noncompliance penalties under Corporation for its plants located at 660 Noise and Radiation and determined section 120 of the Act,'unless the source South Boulevard, East; 820 South that it meets all requirements as shown is otherwise entitled to an exemption Opdyke Road; and 275 Franklin Boulevardin Pontiac. Michigan ne below:
under section 120(a)(2)(B) or (C).
t 1.He Order must provide for final Allinterested persons are invited to l
Order requires the company to bring compliance with the requirements of the submit written comments on the volatile organic compound (VOC) l smissions from its plants into applicable implementation plan as proposed Order. Written comments compliance with the limits established expeditiously as practicable, but no received by the date specified above by the Michigan Administrative Code later than July 1.1979, or 3 years after will be considered in determining 1980 AACS. R336.1621, which is part of the date for final compliance specified whether USEPA may approve the Order.
tha federally approved Michigan State in the SIP. whichever is later. De After the public comment period, the emission sources addressed in the Order Implementation Plan (SIP).