ML20214K232

Concurs W/Package Containing Proposed Rule Requiring Licensees to Notify NRC of Bankruptcy Filings.Proposed Rule Cannot Be Submitted for Signature Until OMB Review & Approval Submitted

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: ML20210C085 ML20210C128 ML20210C135 ML20210K141 ML20214K194 ML20214K197 ML20214K201 ML20214K205 ML20214K210 ML20214K212 ML20214K214 ML20214K216 ML20214K219 ML20214K221 ML20214K222 ML20214K224 ML20214K225 ML20214K232
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)

Text

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UNITED STATES f[ge % 'o,,

NUCLEAR REGULATORY COMMISSION

, g W ASHINGTON, D. C. 20555

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\...../ MAR 2.1996 Pobert B. Minogue, Director MEMORANDUM FOR:

Office of Nuclear Regulatory Research FROM:

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

SUBJECT:

PROPOSED RULE REQUIRING LICENSEES TO NOTIFY 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.

./

h>w/! My Donnie H. Grimsley, Director Division of Rules and Records Office of Administration l

Enclosure:

As stated nh Al' ~ t i

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8608200094 860818 PDR PR PDR 30 S1FR22531

Victor Stello, Jr. -E-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). ,

Notations. (1) The notice of proposed rulemaking in Enclosure A will be (2) The published in the Federal Register with aUnder 30 day coment period.inf 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 exclusion are met. (4) In accordcnce with 10 CFR 50.109, a backfit analysis 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 l 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 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 DHGrimsley GCunningham DFRoss F PREV p0NCURRE ES. 3/ /86 3/ /86 3/j../86 SEE ATTACH M N R,R , ,

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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 requirements set forth in the section. the activities in a manner which protects M*C"**I*"

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.

of the licensed facility in a safe manner. According to the United States Code, a

[L AtweH.

Deputy A dministrator. Veterinary Service.

Improper materials handling or bankruptcy case is commenced by filing 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

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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. i States Code involving the licensee. A 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 Bankruptcy Filing; Notification NRC has not been aware that this has potential consequences regarding the Requirements happened. NRC inspectors have found, licensee's ability to handle licensed 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 severe financial conditions could affect storage oflicensed material.The NRC its ability to handle licensed radioactive gossible spread of contamination eyond the original area of confinement has taken these actions in the past in 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 significant amo e a udioactive so but assurance of consideration is disbursed and become unavailable for given only for comments received on or contaminatio . present at licensee sites and the potential for dispersal of the d e P-before this dat A licensee would not be affected by contaminated material offsite. Because Anonasses: Submit written comments of the potential risk to public health and these amendments unless and until a 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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• • T*****se/b .d I Federal Register / V11. 51, No.119 / Friday June 30. saco / ?.gn" Rules 23532 e unless bankruptcy filing occurs. Even in employees by reducing the potential for

40. 50. 61. 72 and 72. His includes sy the event of bankruptcy, the inapact of spread of contamination in the facility byproduct, wource, and special nuclear and resultant occupational exposure. Jf m:terial beansees. as well as production this rule on lloonsees is esaall since the k' United States Code contains (s)ne proposed amendment imposes c nd stihuation facihty. low. level waste requirements regarding notification of regeltements for administrative .

disposal facility, and independent spent 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 only of a notification by mall to the construction delay. As indicated in (2).

Categorico/ Exclusion there is no action required of a licensee NRC, an action representing less than 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 cpproval of the paperwork amendment is for NRC to have means in compared to the small cost associated place so that it would be alerted and with the notification, resulting in net requirements. would have the opportunity to take savings.

., Regulatory Analysis necessary actfon to deal with potential (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 licensee is involved in bankruptcy regulation.The analysis examines the complexity.

costs and benefits of the alternatives proceedings. Although the likelihood of (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 minimal.By alerting NRC to the DC 20555. telephone (301) 443-7815. require a licensee to notify the situation, this rule would put NRC in a l

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 commencement of a bankruptcy reduce NRC staff time involved in enalysis. Comments on the draft activities such as necessary enzlysis may be submitted to the NRC proceeding involving the licensee. A enforcement actions and meetings with licensee would not be affected by these es indicated under the acontsses a concerned public regarding a headmg. amendrcents unless and until a contaminated facility.This reduction in bankruptcy petition is filed. staff time could be significantly greater Regulatory nexibility Certification (3)The proposed amendments will than that spent in readmg and dorleting in accordance with the Regulatory improve NRC's inspection and the notification, thus resulting in a net Flexibility Act of 1980. 5 U.S C. 805(b). enforcement capabilities in dealing promptly with the potential radiological reductionin staff resources.

the Commission hereby certifies that (8)The proposed amendment would this rule,if promulgated, will not have a consequences of a licensee's severe financial problems thus providing a apply to all power reactor licensees significant economic impact on a ,

benefit in protection of the public health independent of facility type. design, and substantial number of small entities age.

This proposed rule would amend to CFR and safety. In addition, although the (9) When the proposed amendment is Parts 30. 40. 50. 61. 70, and 72 to require level of risk to the public is small. NRC's timely involvement can result in.some made effective.it would be a final that licensees notify the appropriate action.

NRC Regional Off ce in the event of the potential reduction in the risk of 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 occur at a facility where a licensee is presented above the Commission has financial problem and can take determined that this proposed rule does involved in bankruptcy proceedings.

necessary actions assuring that the not meet the backfitting requirements of health and safety of the publicis (4)In a manner similar to that described in (3) above, although it would 10 CFR 50.109(a)(3) namely that there be protected. Because no action is required a substantialincrease in overall cf a licensee by these amendments be small, the proposed amendment can protection of public health and safety.

unless and until a bankruptcy petition is result in some reduction in risk of However, the proposed rule is not filed, there is no impact from this rule radiological exposure of facility

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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 T~e inaease is overall protection but is petition.

Manpower tralmin8 Prosrams. Nuclear oossidered jusuaabis and warranted to materials.Ocampational safety and prevent a domesse in the level of PARRT N LCtHSING OF health.Reponing and scordkaeping SOURCEIRATERIAL f protection considered available under current regulations. In addition. the rule M9".l84888t*

fuel 88Curity M*88ur's. Sput 3.ne authori citation for Pan 40

, 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 mieltzt m. 20e3. 2o04,20es. 2111. 2113.  !

as amended, and 5 U.S.C. 553, the NRC rule is administrative,re tingin no is proposing to adopt the fol) 2114. 2201. 2232. 2233. 2236. 22s2); sec. 274 l Installation, downtime. or construction amendments to 10 CFR Parts 30 40. 50 Pub. L s2-373. 73 Stat. se8 (42 US.C 2021)- ,

costs and no effect on plant or seca 2m as amended.202.3061s Stat 1242.  :

61. 70. and 72. as amended.1244.1246 [42 U.S.C sa41. setz. l eperational complexity; (3) the burden 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

• result in a net reduction in NRC resource LICENSING OF BYPRODUCT em c.10T. 2 S t. Ud 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 the Regulatory Analysis (Section 6.0). Authority: Sections et, s2.181.182.183.186. Issued under sec.187. ee Stat oss (42 U.S.C.

...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 2111, 2112, 2201, 2232, 2236, 2282); secs. 301. amended (42 US.C. 2273): 1140.3. 40.25(d) regulations.

as amended. 202. 20e. et Stat.1242, as (1H3). 40.3s (eHd). 40.41 (b) and (c). 40 46.

List of Sub}ects amended 1244.1246 (42 U.S.C. 5641, 5442. 40.51 (a) and (c). and 40.s3 are issued under occ. telb. 68 Stat. e48, as amended (42 US C.

5646)

1. Section 30.7 also issued under Pub.1. es- 2201(b)) and ll 40.25 (c) and (d)(3) and (4).

col. sec. to, or Stat. 2est (42 US.C. 5851). e.26(c)(2). e.3ste). e 42. e.e1. e.e2. e 64 Byproduct material. Government 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)).

Isotopes. Nuclear materials, Penalty. S'*t. es4. as amended (42 US.C 2234).

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.

30.55, and 30 56(b) and (c) are issued under appropriate NRC Regional materials. Penalty. Reporting and Admimstrator, in writing, immediately recordkeeping requirements. Source sec.1810. es Stat. aso. as amended (42 US.C 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 oncenaea. ajam pre e on.'l co or tio b fer nce f34 Tenneand 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 beensee or listing the license or licensee i criteria. Reporting and recordkeeping Administratror, in writing, immediately as property of the estate; or requirements. following the filing of a voluntary 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. '

(Bankruptcy) of the United States Code (2) This notification must indicate:

! Low level waste. Nuclear materials. (i)The bankruptcy court in which the by or against:

! Penalty. Reporting and recordkeeping petition for bankruptcy was filed; and requirements. Waste treatment and (i) Alicensee; (ii) An entity (as that teitn is defined (ii)The date of the filing of the disposal. pefition. l in 11 U.S.C. I 101(14)) controlling a 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 petition for bankruptcy was filed; and 1a3.1ae.189. es Stat. ase, e37. e38. e4s. e53.

materials. ,

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m "" ~*'" Fedeel Radster / Vek. st No.119 / Friday, June 20. sees / Prapted Rules 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.

2135. 2301,223L 3233,3238. 2230). esos. 301. FO.24(b) m32 (a)(6). (c). (d). (e), and (3) 70JS. ,

as ammaded. 30L 308, at Stat.1841 as 308. 38 Stat.1844.1346 (42 US.C. 3442. Bate).

eses.10 and 14. Pub. L shot, et Stat. se6t 70.81 (cHs). 70.se. 70.s7 (b) and (d). and FDJs  ;

(aHsit3) and (bHj) are nosued under sec. .

amended 1244.1246 (42 US.C 9041. 8842. (42 US.C Rotta and test).

8446). sett es Stat 949, se araended (42 US C .-

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.

001, sec.10. 32 Stat. 2051 (42 US.C 5851). (b) and (1). 70.52. 70.53, 70.H. 70.55. 70.58 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 te Stat. 936. 955. as amended (42 US C. 2131. are issued under sec. Selo. to Stat. 950. as through 81.63 issued under sec.161b. Se Stat.

2235): sec.102. Pub. L 91-190. 83 Stal. 853 (42 amended (42 U.S.C.2201(o)).

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.

8. Section 61.24 is amended by adding L 91-190. 83 Stat. 853 (42 US.C. 4332) a pew paragraph (k) to read as follows:

Sections 50 34. and 50.54 also issued under sec. 204. se Stat.1245 (42 U.S C 5844). (a) Each license shall contsin and be I61J4 Conditions of Econaes. subject to the following conditions:

Sections 50.58. 80.91. and 50.92 also issued . . . . . . . . . .

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 Stat. 939. as amended (42 U.S C 2138).

involuntary petition for bankruptcy 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:

(ii) An entity (as that term is defined (A) A licensee-d c) . 54 en a) (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 U.S.C. I 101(14)) controlling a licensee

- amended (42 U.S.C 2201[b)). ll 50.10 (b) and licensee or listing the hcense or licensee or listing the license or licensee as (c) and 50.54 are issued under sec.161i. 68 as property of the estate; or Stat. 949. as amended (42 U.S.C 2201(i]); and property of the estate; or (iii) An affiliate (as that term is iI 50.55(e). 50.59(bl. 50.70. 50.71. 50.72, and (C) An affiliate (as that term is 50 78 are issued under sec.161o. 68 Stat. 950, defined in 11 U.S.C.101(21) of the licensee. defined in n U.S.C. I 101(2)) of the as amer.ded (42 U.S.C. 2201(o)). licensee.

(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 bY waI h , ' 234. 83 Stat. 444. as amended (42 U.S C. 2071.

1. De authority citation for Part 721s (i) A licensee; 2073,2201. 2232. 2233. 2282); seca. 201, as (ii) An entity (as that term is defined amended. 202,204. 206. 88 Sta t.1242. as revised to read as follows:

amended.1244.1245,1248 (42 U.S.C. 5841 Authority: Secs. 51.53.57.62.63.65.so.81, in u U.S C.101(14)) controlhng a 5842.5845.5846). 161.182,183.184.186.187, sa Stat. 929. 930.

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 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).

under sec.108,68 Stat. 939, as amended (42 Section 72.34 also issued under sec.189. 68 ll

=

PART 61-LICENSING U.S C. 2138).

For the purposea of sec. 223,68 Stat. 958. ae Stat. 955 (42 U.S.C 2239). sec.134. Pub. L 97- -

REQUIREMENTS FOR LAND smended (42 U.S C 2273); il 70.3. 70.19(c).

425. 96 Stat. 2230 (42 U.S C.10154).

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, .

. 23835 Federal Register / Vol. 51. No.119 / Friday. ]une 20, 1988 / Proposed Rules are all subject to Michigan AirPollution aAft:Wrfilen comments most be (b)Everylle mee issued under this received on or before July 21.1986. Control Commission (MAPCC) Rule

• Port shall be subject to the following 336.1821. which has a final comp!!ance '

~

annammana. Copies of the State order.

conditions, even if they are not date of December St. tees.no latest 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 (6)(i) Esch limnsee shall notify the requirement. ..

~'I at the following address: U.S.

cppropriate NRC Regional Environmental Protection-Agency. Air 2.He Order mustinclude reasonable

' Administrator,in writir4 immediately requirements for monitoring and 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 60004. I 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.

by or against: Chief. Regulatory Analysis Section. Air 3.The Order must include reasonable ,

and Radiation Branch (5AR-26), U.S. and practicable interim controls. The (A) A licensee.

(B) An entity (as that term is defmed EnvironmentalProtection Agency, Order contains interim VOC emission in 11 U.S.C i 101(14)) controlhng a Region V.230 South

Dearbom Street,

limits.

license orlicensee as property of the 4.%e Order must include a finding 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-(A)The bankruptcy court in which the hearings were held on July 23.1984, and 6325.

petition for bankruptcy was filed; and January 15,1985.

sueet.tutNTany neronesATsose On July (B)The date of the filing of the 2,1985, the MDNR submitted to USEPA 6.The Order mustinclude a schedule 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 'i The Order under consideration sources.

Vict r Stello jr., addresses the emission of VOCs from 7,If the Order is for a major source. it Executive Dm ctorfor Operations. two small parts coating operations and a must notify the source of its possible lIlt Doc. af-13998 Filed 6-19-as. 8maintenance 45 am!- coating operation at Plant 1; the small parts dip prime operation, liability for noncompliance penalties

( * """ 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 r been issued to operation at Plant 2; the chassis coating a major source of VOC emissions and ENVIRONMENTAL PFIOTECTION 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 and Bus Group enforcement action under section 113(b) 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 ^

evaluated the Order using criteria set precluded. If approved, the Order would cpprove a Delayed Compliance Order lDCO) issued by the Michigan forth in section 113(d) of the Clean Air constitute an addition to the Michigan l Act(the Act),andin an April 26,1983, SIP, However, source compliance with 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, Corporation for its plants located at 660 of any noncompliance penalties under '

South Boulevard, East; 820 South Noise and Radiation and determined section 120 of the Act,'unless the source that it meets all requirements as shown is otherwise entitled to an exemption Opdyke Road; and 275 Franklin t

' Boulevardin Pontiac. Michigan ne below: under section 120(a)(2)(B) or (C).

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  !

volatile organic compound (VOC) submit written comments on the applicable implementation plan as proposed Order. Written comments l

smissions from its plants into  !

expeditiously as practicable, but no received by the date specified above compliance with the limits established later than July 1.1979, or 3 years after by the Michigan Administrative Code will be considered in determining the date for final compliance specified whether USEPA may approve the Order.

1980 AACS. R336.1621, which is part of 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).