ML20214K521
| ML20214K521 | |
| Person / Time | |
|---|---|
| Issue date: | 08/15/1986 |
| From: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| References | |
| NUDOCS 8608210178 | |
| Download: ML20214K521 (10) | |
Text
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fOk S""' *'" s 3 Request for OMB Review neronno encim (Rev September 1983) g important Certified Byf_V'g W '* *-
Read instructions before completing form. Do not use the same SF 83 Send three copies of this form, the material to be reviewed, and for t; request both an Executive Order 12291 review and aporoval under paperwork-three copies of the supporting statement, to.
the Paperwork Reduction Act.
Answer all questions in Part 1. If tms request is for review under E.O.
Office of Information and Regulatory Affairs 12291, complete Part 11 and sign the regulatory certification. If this Office of Management and Budget request is for approva' under the Paperwork Reduction Act and 5 CFR Attention: Docket Library, Room 3201 1320, skip Part II, complete Part 111 and sign the paperwork certification.
Washington, DC 20503 1
PART l.-Complete This Part for All Requests.
- 1. Department / agency and Bureau /of f ace originating request
- 2. Agency code U.S. Nuclear Regulatory Comission 3
1 5
0
- 3. N1me of person who can best answer questions regarding this request Telephone number Kitty S. Dragonette
( 301) 427-4300
- 4. Titta of enformation collection or rulemaking 10 CFR Part 2 - Rules of Practice for Domestic Licensing Proceedings
- 5. Legis tuthor ty for information coliectson or rule (cute United States Code. Publoc Law, or Enecutwe Order) 42_usc _220 hcl _(oJ_.or
- 6. Af f acted public (check all thJt apply) 5 d Federalagenciesoremployees 1 O ind vouais or nousenoios 3 0 ra,ms 6 & Non-profitinstitutions 2 O state oriocaigovernments 4 0 eusinesses or other for-profit 7 3 smaiibusinessesororganizations PART ll.-Complete This Part Only if the Request is for OMB Review Under Executive Order 12291
- 7. Regulation Identifier Number (RIN)
% e assy,r,cd O
_ _ _ _ _ ~ _. _ _ _ _. _ _
- 8. Type of submission (cheo one in each creprd ~ ~ ~
Type of review requested CLssification Stage of development 1 O standard 1 O uaior P ncpc. sed ne draft 2 O Pending 2 O Nonmajor 2 d f M or interim f' rat. with poor proposal 3 O Emergency 3 C Ib! or intenm fina!. without pnar proposal 4 0 statutoryorsudiciaideadane
- 9. CFR section affected CFR
- 10. Does this regu'ation contair reporting os recordseepergIe$uirements that require OMB approval under the Paperwork Reduction Act and 5 CFR 1320?
. O yes O No II. If a major rute. is there a reg Jatory impact araf,9s a".thert' 1 O ves 2 O No it No." d,d OMB *a,ve the anajsis) 3 0 ves 4 0 No Ccrtificition for Regulatory Submissions in submitting this request for OM8 review. the authorized reguiatory contac t and the program offecia! certify that tne requirements of E o 12291 and any applicable pobcy directives have been comphed with St; nature of program of ficial Date Signature of authorized reguate
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860e210178 860815 Date PDR ORG EUSOMB PDR n
- 12. (0 8 use only)
Prwous ed tw>ns obsolete g3 gpg standard Foem 83(Rev 9 83)
NsN 7540 On 6 M 4034 Prescribed by OM8 5 CFR 1320 and E O 12291
PART lilmComplete This Part Only if the Iequest is for Approval of G Collection of Information Under the Paperwork Reduction Act and 5 CFR 1320.
- 13. Abstract-Desente needs. uses and affected public in So words or less
" Radioactive Materials, Nuclear Waste Management" Appendix B to 10 CFR Part 2 provides regulatory guidance for obtaining expeditious action on rulemaking petitions to esempt specific radioactive waste streams from NRC regulation because the radionuclides present are in such low concentrations or quantities as to be below
-regulatory-concern.
- 14. Type of enformation collection (checA only one)
Information collections not contained in rules Ib Regularsubmission 2 O Emergency submission (certir, cat,onattached)
Information collections containedin rules 3 O Existing regulation (no change proposed) 6 Final or intenm final without prior NPRM
- 7. Enter date of expected or actual Federal 4 O Notice of proposed rulemaking(NPRM)
A O Regularsubmission Register publication at this stage of rulemaking 5 0 Final, NPRM was previously published B O Emergency submissi;,n (cerfthcatson attached)
(month. day, year):
- 15. Type of review requested (check nnly one) 10 New collection 4 O Reinstatement of a previously approved collection for which approval 2 O Revision of a carrently approved collection h*8 P'd 3 0 txtension of the expiration date of a currentry approved coiiection 5 O Existing collection in use without an oMB control number without any change in the substance or in the methnd of collection
- 16. Agency report form number (s)(:rvlude stanc!ard/optionalform number (s))
- 22. Purpose of intormation collection (check as many as apply) 1 O Appiication for benefits 2 O erogramevaiuation
- 17. Annual reporting or disclosure burden 3 0 ceneraipurposestatistics 1 Number of respondents.
b 4XX Regulatoryorcompliance 2 Number of responses per respondent I
5 O Program plannmg or management 3 Total annual responses ('ine 1 times line 2) 6 6 O Research 4 Hours per response 3,000 7 O Audit 5 Total hours (hne 3 times line 4) 18,000
- 18. Annual recordkeeping burden
- 23. Frequency of recordkeeping or reporting (check all thatapply) 1 Number of recordkeepers 1 O Recordkeeping 2 Annual hours per recordkeeper.
Reporting 3 Total recordkeeping hours (line 1 times line 2) 2 O onoccasion 4 R scordkeeping retention period years 3 0 weekiy
- 19. Total annual burden 4 O Montniy 1 Requested (line 17-5 plus isne 18-3).
18,000 5 0 qua,teriy 2 in current oMB inventory 0
6 O semi ennuany 3 Difference (hne lless kne 2)
+ 18.000 7 0 einnuany Esplanation of difference 8 0 B.eennafIy
+ 18 '
98 other(desenbe):
One-time submission 4 Program change 5 Ad ustment.
i
- 20. Current (most recent) oMB controf number or comment number
- 24. Respondents' cbligation to comply (check the strongest obligahon thatapplies) 1 O Voluntary
- 21. Requested expiration date 2 O Required to obtain or retain a benefit 3 years from approval date 3 o y,no,,ory
- 25. Art the respondents primanly educational agencies or institutions or es the primary purpose of the collection related to Federal educatron programs? O yes 0 No
- 26. Does the agency use sampting to select respondents or does the agency recommend er prescr<be the use of sampling or statistical anal sis y
by respondents >
. O ves 0 No
- 27. Regulatory authority for tne information collection 10 crR Part 2
- or rR
- or.otner (spec,ry)
' Paperwork Certification in submittmg this request for oMB approva', the agency head. the sen or official or an aJthoriled representative, certifies that the requiremer ts of 5 CFR 1320. the Pretacy Act, stctist. cal standards or directives. and any other applicable information pobcy derectives have been complied with S.grtture of program officiai Date Patricia G. Norry, Director e
Office of Administration M"
b N
S.gnaturs of agency head, the senior othcial or an autnonzed representative
/
Date O GPO e 1904 0 - 453-776
e
.I SUPPORTING STATEMENT FOR POLICY STATEMENT AND STAFF IMPLEMENTATION PLAN REGARDING RADI0 ACTIVE WASTE BELOW REGULATORY CONCERN 10 CFR PART 2 RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS Description of the Infomation Collection Section 10 of the Low-Level Radioactive Waste Policy Amendments Act of 1.985 (Public Law 99-240), requires that NRC " establish standards and procedures, pursuant to existing authority, and develop the technical capability for I
considering and acting upon petitions to exempt specific radioactive waste streams from regulation by the Comission due to the presence of radionuclides
-in such waste streams in sufficiently low concentrations or quantities as to be below regulatory concern." The Act also directs NRC to-act in an expeditious
' manner on the petitions. Section 10 also requires that the standards and procedures established include the information that should be submitted in support of such rulemaking petitions. See the enclosed copy of Section 10 (Enclosure 1).
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The Commission is meeting this mandate by issuing a policy statement in the nature of regulatory guidance that sets forth guidance for obtaining expeditious action on rulemaking petitions for below regulatory concern wastes.
An accompanying staff implementation plan has also been developed and is being published as an attachment to the statement.Section II of the staff implementation plan, "Information to Support Petitions" describes the nature 1
and purpose of information petitions should contain. The petition and supporting information should include:
l
4 Information and analysis to demonstrate that the radiological impacts are so low as to be below regulatory concern so that the Commission may exempt the disposal.
Information on the environmental impacts that would likely result from the exempt disposal sufficient to permit the Commission to make a finding of no significant impact on the quality of the human environment.
A regulatory analysis including a cost / benefit analysis that demonstrates a significant societal cost reduction.
An assessment of the burdens on small entities sufficient to permit the
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Commission to conclude that the petitioned action will not have a significant economic impact on a substantial number of small entities.
Information to permit the Commission to evaluate the radiological impacts using the computer code IMPACTS-BRC.
Information characterizing the waste stream sufficient to enable the Commission to find that the waste stream is compatible with proposed i
treatment and disposal, that the waste has negligible potential for recycle, and that the expected variation in characteristics is acceptable.
Information on methods of determining compliance with the proposed exemption sufficient to enable the Commission to find that licensees can reasonably demonstrate compliance.
. Information on the reporting and record-keeping needed to document disposals sufficient to enable the Commission to prepare an OMB clearance package.
Proposed text for the petitioned rule change sufficient to enable the Commission to conclude that the proposed exemption can be codified.
Information on the proposed treatment and ' disposal methods to permit the Commission to conclude that the methods are practical and will not be impacted by the exempted activity.
Separate OMB approvals will be required for recordkeeping and reporting contained in proposed rules that would grant a petitioned rule.
Thus the present action-involves no reoccurring information requirements.
A copy of the draft Federal notice containing the policy statement and plan is enclosed (Enclosure 2).
The statement and plan are also being published as an informational Appendix B to 10 CFR Part 2.
A.
JUSTIFICATION 1.
Need for the Collection of Information.
The codified information requirements for petitions for rulemaking are outlined in the Commission's regulations in 10 CFR 2.802(c) (See Enclosure 3).
These regulations require the petitioner to identify the problem and propose solutions, to state the petitioner's grounds for and interest in the action, and to provide supporting i
. information and rationale. As a practical matter, the information demonstrating that the radiological health and-safety impacts are so' low as to be below regulatory concern must be provided by the ptitioner if the Connission is to act in an expedited manner. Petitions for rulemaking should therefore be submitted following the staff's supplemental guidance and procedures to assure expedited action.
2.
Agency use of Information. Section 10 of the Act did not relieve NRC from all the legal and procedural requirements nonnally associated with rulemaking. Thus NRC must meet the requirements of the National Environmental Policy Act (NEPA), the Paperwork Reduction Act, and the Regulatory Flexibility Act, as well as the Administrative Procedures Act. The-supporting information requested of the petitioner should be complete enough so that Connission action is primarily limited to independent evaluation and administrative processing.
l Minimizing the NRC resources needed is necessary for expeditious action due to limited NRC resources.
If the infonnation is not provided. NRC cannot act in an expedited manner on petitions as required by law.
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3.
Reduction of Burden Through Information Technology. There are no legal obstacles to reducing the burden associated with this information collection. Improved technology has been used to offer petitioners easy access to the analytical computer program the Connission will use to evaluate impacts.
The computer code has been modified for use on personal computers and a user guide has been prepared. Petitioners may use the same program. Petitioners may also provide the Connission with the program input on a floppy disk for easier transfer.
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. 4.
Effort to Identify Duplication. The Federal Information Lo.cator System was searched to determine NRC and other Federal agency duplication.
None was found.
5.
Effort to Use Similar Information. Maximum use of the published methodology and information in NUREG/CR-3585, "De Minimis Waste Impacts Analysis Methodology" was made. The unique nature of each waste stream and need to address the management of that specific waste on a national basis requires more specific information than exists in NUREG/CR-3585 and other NRC documents. The guidance does encourage the petitioner to draw on data generated in the course of complying with 10 CFR Part 61. Any source of infonnation may be used by petitioners.
6.
Effort to Reduce Small Business Burden. The petitioner is being asked to consider alternatives that could accomplish the objective of the l
petitioner's proposed rule while minimizing the economic impact on small entities. The petitioner's supporting information should include an assessment of the incremental recordkeeping and reporting costs that would be associated with the petitioned rule change.
(See Page 4 of the staff plan in.) Further, the type of petitioners likely to respond are trade i
groups and licensee organizations.
Individual small entities may be asked by i
their representatives to provide input but the burden on each small entity should be small, particularly when compared to the potential benefits to each j
individual small entity.
. 7.
Consequences of Less Frequent Collection. Since this action involves one time only submissions, this aspect is not applicable.
8.
Circumstances Which Justify Variation from OMB Guidelines. There is no variation from OMB guidelines.
9.
Consulations Outside the NRC. A working draft of the Federal Register notice was infomally provided to the Edison Electric Institute. The Edison Electric Institute and Utility Nuclear Waste Management Group have jointly petitioned for exemption of waste oil disposal by nuclear power plants (DocketNo.PRM-20-15). The Institute indicated verbally that it had no I
objections to the information collection aspects.
(Contact: Brian Ferrell 202/828-7569). A draft was also circulated to the Environmental Protection Agency (EPA).
(Contact: Lewis Meyer, Office of Radiation Programs 202/475-9633). The EPA response supported the need for the infomation and encouraged NRC to include reports from licensees in any rules granting The notice also solicits coments which can be used to address petitions.
concerns in this regard in future revisions.
- 10. Confidentiality of Infomation. Any information collected is a part of the legal record for each rulemaking, which is available to the public. The Comission has rules in place in 10 CFR 2.790 for processing and protecting confidentiality of information. One advantage to having the petitioner supply 1
infomation on market parameters is that summary data can be provided to minimize the information which might require protection. Having trade groups l
collect the information should also result in more complete data since the f
l l
- i responders will be aware that only summary information will be provided to NRC and that the requested information is in their best interest.
- 11. Justification for Sensitive Questions. Not applicable. No requirements or questions of a sensitive nature are included.
- 12. Estimated Annualized Cost to the Federal Government. Current budget estimates are that the entire process of reviewing the submitted information through proposed and final rules granting a petition is about 1 staff year or
$124,800(2,080 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> / year x $60/ hour) expended over about a year. No contractual support is anticipated unless minor support in lieu of part of the 1 staff year is used to perform computer calculations. -
i The annual government burden is estimated as follows:
1 Number of Hours per Total Annual i
Annual Responses
Response
Burden (Hours) 1 6
2,000 12,000 i
These estimates could vary depending on the specific wastes involved and the nature of the public comments received on the proposed rule.
It should be noted that persons already have the right to file petitions for rulemaking under 10 CFR Part 2.
If the information requested in the notice is not provided and the same number of petitions were filed, the annual cost to the government would likely be a factor of 3 higher plus contractual support.
Contractual support could be at least $250,000 per petition for an additional annual burden of $1,500,000 (6 x $250,000).
1
.-..v.
,, 13. Estimate of Burden. The estimated annual burden for the public will be affected by the specific wastes involved, the number of persons generating the wastes, market information already available, and the alternate methods of disposal requested. We estimate the burden to fully support a petition for rulemaking to be 2-4,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> and $250,000 in contractual or consultant support. This effort would be expended over a period of about a year (prior to filing the petition and providin; supplemental information in response to questions and public comment during processing).
The annual petitioner burden is estimated as follows:
Number of Hours per Total Annual Annual Responses
Response
Burden (Hours) 6 3,000 18,000
- 14. Reason for Changes in Burden. The explanation for the increased burden is explained in 13 above.
- 15.. Publication for Statistical Use. Nune.
8.
COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS The collection of information does not employ statistical methods.
Enclosures:
1.
Section 10 of Pub.L.99-240 2.
Draft FRN for policy statement 3.
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