ML20216D109
| ML20216D109 | |
| Person / Time | |
|---|---|
| Issue date: | 11/15/1995 |
| From: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20216C659 | List: |
| References | |
| FRN-61FR24669, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-61, RULE-PR-70, RULE-PR-72 AF17-2-018, AF17-2-18, NUDOCS 9709090216 | |
| Download: ML20216D109 (35) | |
Text
- - - -_-_
cc: Thomas-j## "*%g G1enn Trottier e 4 UNITL., STATES Nrris l
l o,
} NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2056Hm01 gm er ,, , s $ lTh November 15, 1995 MEMORANDUM FOR: David L. Morrison, Director t Office of Nuclear Regulatory Research FROM: David L. Meyer, Chief AM /- % ^
Rules Review and Directives Branch Division of Freedom of Information and Publications Services office of Administration
SUBJECT:
OFFICE CONCURRENCE ON FINAL RULE ENTITLED "TERMir.ATION OR TRANSFER OF LICENSED ACTIVITIES: RECORDKEEPING REQUIREMENTS" ;
The Office of Administration concurs on the final rule package that amends Parts 20, 30, 40, 61, 70 and 72. We have attached a marked copy of the final rule that presents additional editorial comments.
I' We have forwarded a copy of the final rule to the Information and Records Management Branch, IRM, for their comment and concurrence concerning the paperwork management aspects of this rulemaking action. We have requested that they respond directly to you.
When the document is forwarded for publication, please include a 3.5-inch diskette that contains a copy of the document in Wordperfect 5.0 or 5.1 as part of the transmittal package. The diskette will be forwarded to the Office of the Federal Register and the Government Printing Office for their use in typesetting the document.
If you have any questions, please contact Alice Katoski, 415-6862, or Michael Lesar, 415-7163, Division of Freedom of Information and Publications Services.
Attachment:
As stated 9709090216 970904
cc: Thomas oc uroy Glenn p k UNITED STATES er j j g
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20eeHoo g 3
\, ...../ dm November 15, 1995 MEMORANDUM FOR: David L. Morrison, Director Office of Nuclear Regulatory Research FRON: David L. Meyer, Chief Ji.M - f'-M4 Rules Review and Directives Branch Division of Freedom of Information and Publications Services Office of Administration
SUBJECT:
OFFICE CONCURRENCE ON FINAL RULE ENTITLED
" TERMINATION OR TRANSFER OF LICENSED ACTIVITIES: RECORDKEEPING REQUIREMENTS" The Office of Administration concurs on the final rule package that amends Parts 20, 30, 40, 61, 70 and 72. We have attached a marked copy of the final rule that presents additional editorial comments.
We have forwarded a copy of the final rule to the Information and Records Management Branch, IRM, for their comment and concurrence concerning the paperwork management aspects of this rulemaking action. We have requested that they respond directly to you.
When the document is forwarded for publication, please include a 3.5-inch diskette that contains a copy of the document in Wordperfect 5.0 or 5.1 as part of the transmittal package. The diskette will be forwarded to the Office of the Federal Register and the Government Printing Office for their use in typesetting the document.
If you have any questions, please contact Alice Katoski, 415-6862, or Michael Lesar, 415-7163, Division of Freedom of Information and Publications Services.
Attachment:
As stated
__ _U
l l
FOR: The Commissioners FROM: James M. Taylor, Executive Director for Operations
SUBJECT:
FINAL RULEMAKING - REVISION TO 10 CFR PARTS 20, 30, 40, 70, AND 72, RECORD RETENTION REQUIREMENTS PURPOSE:
To inform the Commission that the Executive Director for Operations (E00) intends to publish a final rule amending the requirements contained in 10 CFR Parts 20, 30, 40, 70, and 72 to require transfer of certain records to the new licensee when a license is transferred, assigned, or in any other manner terminated and another person continues licensed activities at the same site and to require forwarding of records to the NRC before a license is terminated when all licensed activities have ceased.
BACKGROUND:
This rulemaking is in response to commitments made by former Chairman Selin at the June 21, 1994, Congressional hearing concerning radioactive contamination at sewage treatment plants. While evaluating an incident involving some offsite contamination, the NRC was unable to determine how much radioactive material was released to a sanitary sewerage system because records of previous releases by the original holder of the license were not available.
In addition, current regulations do not require a licensee to transfer records pertaining to decommissioning to an entity that will continue licensed activities at the same site f-Suc-h records may be necessary to decommission the facility effectively. he existing regulations are unclear in regard to the final disposition of a revious licensee's records pertaining to decommissioning; pubiic dos ;and waste disposal when a license is transferred, assigned, or terminated.
(l/]bru
(
CONTACT:
Mary L. Thomas, RES 415-6230
__ __ _ __N
.o The Commissioners 2 OlSCUSSION:
In selecting records to include in this rulemaking, the staff focused
' attention on information that would be needed by licensees and the NRC to evaluate offsite consequences from a previous licensee's operation or to conduct decommissioning effectively. The amendments will require that records pertaining to-public dose and waste disposal be forwarded to the NRC prior to license transfer, assignment, or termination, and, if licensed activities will continue at the same site under a new or amended license, that records pertaining _to decommissioning be forwarded to the new licensee._ Prior to terminating the license and releasing the site for unrestricted use, the amendments will require the decommissioning records to be forwarded to the NRC.
Paragraphs 20.2107(b) and 20.2108(b) will be amended to state that there are additional requirements for disposition of the records required by these sections in 10-CFR Parts-30, 40, 61, 70, and 72, A paragraph will be added to il 30.51, 40.61, 70.51 and 72.80 to clarify that other records, such as public dose records, retained under ! 20.2107 and waste disposal records, retained under i 20.2108 and the former i 20.401(c)(3), must be forwarded to the NRC prior to license transfer, assignment, or termination. Also, paragraphs will be added to il 61.30(a)(3) and 61.31(c)(1) to clarify that records required by il 61.80(e) and (f) are to be transferred to the disposal site owner or to the party responsible for institutional control of the disposal site, respectively. To lessen the burden on licensees, the rule permits these records to be submitted electronically. Finally, a new paragraph will be added to il 30.36, 40.42, 70.38, and 72.54 to state that a license will not be terminated until the NRC receives the records required by revised 5530.35(g),
30.51, 40.36(f), 40.61, 70.25(g), 70.51, 72.30(d), and 72.80.
A The enclosed rule does not constitute any major policy chan provides more explicit requirements for licensees regarding the disposition of certain records when a license is transferred, assigned, or in any other
-manner terminated and another person continues licensed activities at the same site, and the d.isposition of certain records when a license is terminated and all licensed activities have ceased. For this reason, I believe this falls within the authority delegated to the EDO to publish this final- rule.
_ RESOURCES:
Resources required to implement this rule will be re-programmed from the non-core inspection programs. The adjustment will be approximately 0.2 FTE spread among the regions to provide support for this rulemaking.
The Commissioners 3 RECOMMENDATION:
That the Commission:
Rolq:
- a. I intend to approve the Notice of the Final Rulemaking for publication (Enclosure 1) in the Federal Reaister. This approval will be issued within 10 working days from the date of this paper unless otherwise instructed by the Commission;
- b. The Regulatory Analysis will be available in the Public Document Room (Enclosure 2);
- c. The staff has not prepared an environmental assessment because of the categorical exclusion given in 10 CFR 51.22(c)(3)(ii),
recordkeeping;
- d. The Chief Counsel for Advocacy of the Small Business Administration will be informed of the certification regarding economic impact on small entities and the reasons for it as required by the Regulatory Flexibility Act;
- e. The final rule contains information collection requirements that are subject to review by OMB. Upon my approval, formal request for OMB review and clearance will be initiated;
- f. The Agreement States will be sent a copy of the final rule upon my approval for publication;
- g. A public announcement will be issued (Enclosure 3);
- h. The appropriate Congressional committees will be informed (Enclosure 4); and
u.
O F The Commissioners 4
- 1. Copies of the Federal Register notice of final rulemaking will be distributed to all licensees. The' notice will be sent to other interested parties upon request.
James M. Taylor Executive Director for Operations
Enclosures:
As Stated (4)
The Commissioners 4-
- i. Copies of. the Federal Register notice of final rulemakin9 will be distributed to all licensees. The notice will be sent to other interested parties upon request.
James M. Taylor Executive Director for Operations ,
l{
Enclosures:
As Stated-(4)
RECORD NOTE: A draft copy of the final rule was sent to OIG for information on: .
Doc. Name: 0:\ THOMAS \ RECORDS \COMPAPER
- v. . .. ... ~ . . % .i.*i,. w.: c .c.,,. w .u - - . c .c .. .u - - . u .u..
OFFICE RPHEB/DRA s .B RPHEB/DRA N D/DRAsRdS OGC NAME MLThomas N JEGlenn0,[ tit 9FoYris SATreby DATE- 10/25/95 10/25/95 kh/7._ /95 10/ /95 0FFICE D/0E D/IRM D/SP D/NMSS-NAME JLieberman GFCranford RLBangart CJPaperiello DATE 10/ /95 10/ /95 10/ /95 10/ /95 0FFICE- D/PA D/ADM D/RES;,8f EDO NAME- WBeecher DLMeyer DLMorrison JMTaylor 0FFICE 10/ /95 -10/ /95 1(/3/95 10/- /95 0FFICIAL RECORD COPY pe-=
[7590-01-P]
NUCLEAR REGULATORY COMMISSION l 10 CFR Parts 20, 30, 40, 61, 70, and 72 RIN: 3150-AF17 Termination or Transfer of Licensed Activities: Recordkeeping Requirements AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
.2>nsd i Lo 50AMAM :
EFFECTIVE DATE: (90 days after publication).
FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC 20555-000),
telephone (301) 415-6230, e-mail MLT10NRC.G0V.
t SUPPLEMENTARY INFORMATION:
- 1. Background While evaluating an incident involving some offsite contamination, the NRC identified a deficiency in the current recordkeeping requirements. The NRC was unable to determine how much radioactive material was released to a sanitary sewerage system because records of previous releases by the original holder of the license were not available, in addition, the regulations were unclear with regard to the final disposition of these records when licensed activities have ceased and the license is terminated. A proposed rule
Insert 1 4
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to the disposition of certain records when a licensee terminates licensed activities or licensed activities are transferred to another licensee. The final rule requires a licensee to transfer records pertaining to decommissioning the facility effectively, and records pertaining to public dose and waste disposal, to the new licensee if licensed activities will continue at the same location, or require the licensee to forward records pertaining to public dose and waste disposals to the NRC before the license is terminated.
requiring licensees to forward certain records.to the NRC once licensed
-activities ceased, or to a new owner-if they would be taking over licensed activities,- was' published.for comment in the Federal Register on December 28, 1994[(9FR66814).
II. Discussion of comments and summary of requirements in the final rule ,
This section includes a discussion of the significant issues raised by public comment and how they were resolved. Six comment letters were received on the proposed rule.
Public Comments lf l. Need for the rule and expected benefit.
Commentsg Two commenters stated that the NRC has not demonstrated the need. for the rule on the basis of one incident. They also stated that the NRC did not demonstrate how the proposed regulations and their commensurate costs would assist licensees, the NRC, and the Agreement States in the analysis of the environmental impact from the site. They requested that the NRC provide data that permits evaluation of the actual-impact of these regulations.
These same commenters stated that the usefulness of the records in .the decision-making process should also be demonstrated in each case. They referred to the Objective Section of the Draft Regulatory Analysis, which stated that.these records "...will provide the NRC with the information needed to assess possible risks associated with licensed activities once a-licensee-
'has terminated its license." _They believed that this assumption is generally false,_ and 'that even _if sewer _ release records were available, an independent 2
4 9
~
l
\.
evaluation of the environment would still be required. These commenters went on to state that the NRC has failed to discuss the utility of records that are based on rough calculations.
Fesponseg The intent of the proposed rule was to ensure that records that are retained by licensees during licensed operations are available after license termination in the event that questions arise regarding any potential offsite consequences from licensed operations. The proposed rule specified that the records used by the licensee to demonstrate compliance with the public dose limits and limits on waste disposals were to be fotwarded to the NRC prior to license terminationg or to the new owner if licensed operations s
were to continue at the site, under a new or amended license. While it is t
unlikely there will often be a need for such information, there may be circumstances where it will be necessary for the NRC or other government agencies to evaluate the effects of licensed operations on the environment.
~ /Hiovn Whiic-it-13 correct-that other information would also be needed to perform an ihn' environmental analysis, access to seeh records would be useful in the evaluating potential sources of contamination, in response to concerns raised by the commenters that the costs of retaining these records was greater than any benefit derived, the final rule has been revised to only require the transfer of records needed for decommissioning to the new licensee in the event that licensed opertaions would continue at the site. Records pertaining to public dose and waste disposal, currently required under ll 20.1207 and 20.2108, respectively, are to be forwarded to the NRC prior to license fy c. w a
. transfer, re-assignment, or termination. Since these records are already required to be retained by each licensee until license termination, the burden to licensees to forward these records to the NRC would be minimal. This will 3
4 i
4 timit the burden on licensees that take over a site that has not been released for unrestricted use, in that, the new licensee will only be required to keep those records needed,for decommissioning. Access 'to the records pertaining to decommissioning $ uld be needed by the new licensee to develop a site characterization plan.
The NRC has re-evaluated the impact of this regulation in the Regulatory Analysis. The burden associated with this rulemaking will not be significant and the records required to be transferred are the records that the licensee is already required to retain until license termination. In addition, the final rule limits the number of licensees affected to only those licensees that are required to have decommissioning funding assurance (i.e. licensees that have a potential for significant contamination). Using this criteria the number of licensees affected by this rulemaking has decreased from 1,716 in the proposed rule to 330 in the final rule.
[ 2. Agreement State Compatibility g Commenta One commenter stated that there was no basis for a Division 2 level of compatibility. They referred to the Federal-Register notice on the proposed rule, which states these rules are ".'..needed to provide sufficient information to a new licensee and to evaluate offsite consequences from previous licensee activities and_to decommission the site effectively." A.
st+ted in !ssue 1% his commenter also concluded that the utility of these records was questionable.
In addition, the commenter stated that other costs associated with the v'
proposed rule have not been considered;such as costs associated with 4
e
inspections, and while the N U may be able to absorb these costs in "non-core portions of the inspection program," Agreement States do not have this luxury.
Runonic,9 The Commission still believes that this rule should be assigned a Division 2 compatibility level. 6 n e. OSincetheCommissionhasreduced the ourden nf this rule by limiting the records that need to be transferred to the new licensee and to those licensees required to have decommissioning funding assurance,the inspection burden on the Agreement States should be minimized. The information in the records portaining to public dose and waste disposalwbNidbeusefultotheAgreementStateintheeventtheyneedto evaluate offsite consequences from a previous licensee's activities. With res to the paperwork Reduction Act Statement, the reporting burden ref1 s that the time required to index, review, and store the required records has been recalculated to be 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per licensee submittal.
- 3. Regulatory Alternatives g Commealb Two commenters stated that the NRC failed to identify regulatory alternatives that would be as effective as the proposed rule while placing less burden on licensees, the NRC, and Agreement States. As noted in *'#"""
d issues 1 and 2 @@e7, the commenters concluded that any benefit from the proposed rule is questionable. They stated that specific regulatory alternatives that should be considered include, but are not limited to:
- a. Perform separate evaluations for the utility of requiring records
'or public dose and for waste disposal, and making independent judgments.
- b. Consider limiting the scope of the rules to address only those facilities that possess unsealed sources with long half-lives.
5 O
I. c. Consider all records being provided to the NRC, rather than requiring Agreement States to maintain the records,
- d. Eliminate transferring 10 CFR 20.2005 type records (disposal of specific wastes, in quantities less than or equal to 4.85 kilobecquerels per gram of tritium or carbon-14 in scintillation fluids or animal tissue).
fLspansg The Commission considered possible alternativ:s to rulemaking. These are addr'ssed in the Regulatory Analysis that-accompanies ,#/'""
Me w faa this rule. Thefollowingfis,,,providedwithrespecttothespecific recommendations of the commenters:
(a) The final rule requires that records pertaining to public dose and waste disposal be forwarded to the NRC or the appropriate Agreement State prior to license transfer, assignment, or termination; rather than to the new licensee, as stated in the proposed rule. This will limit the burden on licensees that take over a site that has not been released for unrestricted use. However, the new itcensee wo'dl need to keep all records pertaining to decommissioning.
(b) lhe NRC has evaluated the suggestion to limit the scope of the rule and has revised the rule and the Regulatory Analysis to retlect that the rule only affects those licensees who are required to have decommissioning funding assurance. Henc licenseesthatuseandpossessscaledsourceswithshort half-lives are no o ger affected by this rule. The criteria for whether a licensee is required to have decommissioning funding assurance can be found in 10 CfR Pet 35, 40.36, 4.25, and 72.30.
ff(c) 1he purpose of this rulemaking was to assure that adequate records would-- ont e available to provide historical information of previous licensed operations in the event significant offsite contamination is detected after a licensee 6
..._-_-.m-m__ _ _ _ _ . _
j{. , a >J '
has ceased operation of their facility. S4nce the NRC's regulatory authority has been delegated to the Agreement States for this material, it is appropriate that the Agreement States maintain these records, rather than the NRC.
',/ (d) Records of waste disposals allowed by 6 20.2005 currently are required by 6 20.2108(b) to be retained until the Commission terminates each pertinent license requiring the record. The Commission is currently evaluating a petition for rulemaking that requests a revision to i 20.2005 pertaining to waste disposal, This petition is currently on hold until finalization of the rulemaking addressing radiological criteria for decommissioning.
7 O
[4. Public Access To information O
[pinmq One commenter was concerned that the Commission overlooked the benefits which could result from simple, inexpensive-to-implement requirements enhancing public access to information. This commenter noted that enhanced public access to information is an important (though not the only) reason for recorddeeping, in part because informed members of the public can play a significant role in ensuring that regulatory actions are appropriate and timely This commenter urged ti. Commission to consider enhane.d public
-access to information as part of a coherent policy to protect important documentary information from loss, flunonte0 lhis rulemaking addresses recordkeeping requirements for termination and transfer of licensed activities. This rule requires that records pertaining to decommissioning be transferred to a licensee that takes over a previous licensee's business and requires that records related to public dose and waste disposal be forwarded to the cognizant regulatory body prior to license transfer, assignment, or termination, thereby protecting these records for future access. Once these records are forwarded to the NRC, they will be available through the freedom of Information Act process, provided they do not contain proprietary irformation, g
f 5. Independent Spent fuel Storage Installations and 10 CFR 72.30(d)
Requirements 3
[gmmentb one commenter stated that 10 CFR 72.30(d) addresses recordkeeping requirements for decommissioning for independent spent fuel storage installations and that the NRC has proposed changes to this paragraph to address the transfer of licensed activities. This commenter questions why 8
4
10 CfR 50./5(g), which contains the same type of recordkeeping requirements for decommissioning for production and utilization facilities, was not changedghecommenterbelievesthistobeinconsistentandpossiblyw' inadvertent. l'/
b p/J/ gp s,'
flcRQnic: This rule only addresses materials licensees. The Commission is currently evaluating the need for additional rulemaking to address the broad issue of transfers of reactor licenses. Any such rulemaking would also censider recordkeeping requirements.
[' hmtmarLoLJ1eni Inis of the final RuleQ lhe revise'd rulo requires transfer of records pertaining to decommissioning to a licensee that takes over a site that has not been released for unrestricted use. Thenewlicenseew$ need these records in order 10 perform a site characterization prior to decommissioning. Once the new entity is granted a license and accepts these records, they become subject to all regulations concerning termination and transfer. The amendments also require that records pertaining to public dose and waste disposal be forwarded to the NRC prior to license transfer, assignment, or termination. The final rule also requires licensees to forward records pertaining to decommissioning to the NRC prior to license termination, in selecting records to include in this rulemaking, the NRC focused attention on information that would be needed by licensees to conduct decommissioning effectively and for the NRC to evaluate offsite consequences from a licensee's operation.
Paragraphs 20.2107(b) and 20.2108(b) have been amended to state that there are additional requirements for disposition of the records required by 9
--.-__-_._a
- l. these sections in 10 CfR Parts 30, 40, 61, 70, and 72. Paragraphs 30.35(g),
l 40.36(f), 70.25(g), and 72.30(d) specify records that the Commission considers s*
important to decommissioning. The NRC has revised thefaferement4oned4 paragraphs to require the transfer of records pertaining to decommissioning records to the new licensee. A paragraph has been added to il 30.51, 40.61, 70.51 and .72.80 to clarify that records pertaining to public dose records and waste disposal be forwarded to the NRC prior to license transfer, assignment, or termination. Also, paragraphs have been added to il 61.30(a)(3) and 61.31(c)(1) to clarify that records required by il 61.80(e) and (f) are to be transferred to the disposal site owner or to the party responsible for institutional control of the disposal site, respectively.
To lessen the burden on licensees, the rule permits these records to be submitted electronically. finally, a new paragraph has been added to 66 30.36, 40.42, 70.38, and 72.54 to state that a license will not be terminated until the NRC receives the records required by revised 66 30.35(g), 30.51, 40.36(f), 40.61, 70.25(g), 70.51, 72.30(d), and 72.80.
When records pertaining to decommissioning are transferred from ona licensee to another because licensed activities will continue at the same site under a new or amended license, the new licensee will be responsible for maintaining these records until the license is terminated, it is expected that very few licensees will fall into this category. The estimated burden perlicenseeisexpectedtobelogandd!rdiqussedintheRegulat5iA halysis.
10
.= = #
111. Agreement State Compatibility This rulemaking will be a matter of compatibility between the NRC and the Agecement States, thereby providing consistency of State with federal safety requirements. The NRC has determined that a Division 2 level of compatibility should be assigned because the records required by this rulemaking are important to assure protection of public health and safety, and are important to ensuring that facilities in Agreement States are effectively, decommissioned, linder this level of compatibility the Agreement States -would vd /
be expected to adopt recordkeeping requirements that are as stringent as NRC's,buttheyNf be permitted flexibility in their requirements based on their radiation protection experience, professional judgments, and community values.
IV. Environmental Impact: Categorical Exclusion
- r. t
- 11. 5 M l ( W( L, The NRC has determined that this revised regulation is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3)(ii),
recordkeeping requirements. Therefore, neither an environmental impact statement nor, an environmental assessment has been prepared for this revised lusi regulation.
A b, d. r e t The revised action requires that records perta'.ning to public dose and wastedisposalsbeforwardedtotheNRCpriortolicensetransfer, assignment, d'il HR or termination. The revised action-is directed to improving the regulatory, licensing, inspection, and enforcement framework relating to these facilities where licensed setivities will continue and will ensure that adequate 11 i
l
____j
( , y, / ),- cyfsia n! b /' 0^'d5 hdu , & } b O ' N".
.r A r/ c / s h 6 a n ,c / s< iff J Sh' /Nr N27, N (g,,4 information to decommissio the facility effectively is retained after license termination.
V. Paperwork Reduction Act Statement This rulemaking amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
The public reporting burden for this collection of information is estimated to average 7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> per response, including the time for reviewing Instructions, searching existing data sources, gathering and maintaining the ta needed, and completing and reviewing the collection of information.
VI. Regulatory Analysis t' (
f t
zu-The NRC has prepared a regulatory analysis on this grulemakJng. The analysis examines the costs and benefits of the alternatives considered by the NRC. The regulatory analysis is available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single copies of the analysis may be obtained from Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-6230; email: HLTIONRC.G0V 12
i.
l Vll. Regulatory flexibility Certification in accordance with the Regulatory flexibility Act of 1980 (5 U.S.C.
mr t i.
605(b)), the Commission certifies that this{,,ot', rule wilf (n/fel -
if promulgated,~,
have a significant economic impact on a substantial number of small entities.
The rulemaking imposes recordkeeping requirements on those licensees who are required to have decommissioning funding assurance and on licenscos who are transferring their license to a new licensco, lhese changes require the transfer of records pertaining to decommissioning to the new licensee. In addition, the rule requires forwarding records pertaining to public dose and waste disposal to the NRC at license termination. These records are already required to be maintained until the license is terminated by the Commission, and are needed to provide historical information of the impact of a previous licensee activities on the environment and decommissioning.
Vill. Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not h,C apply to thisgrule and, therefore, that a backfit analysis is not required for this rule because these amendments do not involve any provisions that would impose backfiti as defined in 10 CFR 50.109(a)(1).
13 O
n<lF List of Subjects in Parts '20, 30, 40, 61, 70, and 72 r
10 CfR Part 20 Byproduct material, Criminal penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health.
Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Speci3l nuclear material, Source material, Waste treatment and disposal.
10 CIR Part 30 Byproduct material, Criminal penalties, Government contracts, intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.
10 CfR Part 40 Criminal penalties, Government contracts Hazardous materials transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium.
10 CFR Part 61 Criminal penalties, Low-level waste, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.
10 CfR Part 70 Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation 11 J
protection, Reporting and recordkeeping requirements, Scientific equipment, Secerity measures, Special nuclear material.
10 CfR Part 72 Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures,_and'5' pent fuel.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, ya a . ,1 as amended, and 5 U.S.C.,553, the NRC is adopting the following amendments to 10 CfR Parts 20,-30, 40, 61, 70, and 72.
PART 20--STANDARDS FOR PROTECTION AGAINST RADIA110N
- 1. The authority citation for Part 20 continues to read as follows:
AUlil0R11Y: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 Stat. 930 vc . l Jol, Ib(, 14. 2%I, d 'tS2,2 Y5s 933, 935, 936, 937, 948, 953, 955, as amended,g U.S.C. 2073, 2093, 2095, 2111, 2 x 2133, 2134, 2201, 2232, 223dsecs. , TI{ 201, as amended 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
[ <.
- 2. In i 20.2107, the-text-o paragraph (b) has Loon revised to read as follows: v i 20.2107 Records of dose to individual members of the public.
15
_ _=.
(b) The licensco shall retain the records required by paragraph (a) of this section until the Commission terminates each pertinent license requiring the record. Additional requirements for disposition of these records are specified-in il 30.51, 40.61, 61.80, 70.51, and 72.80 for activities licensed under these parts, t_
a a s Ow
- 3. In i 20.2108, the text-o paragraph (b) is 4tes-beeNevised to read as follows:
J E 198 Records of waste dispsial.
(b) The licensee shall retain the records required by paragraph (a) of this section until the Commission terminates each pertinent license requiring the record. Additional requirements for disposition of these records are specified in il 30.51, 40.61, 61.80, 70.51, and 72.80 for activities licensed under these parts.
-
- s- . * .
'Q PAR 1 30--RULES Of GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL
- 4. The authority citation for Part 30 continues to read as follows:
Aull10RITY: Secs, 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
16
Section 30.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).
Section 30.34(b) also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 ,
U.S.C. 2237).
c I L.
- 5. In 6 30.35, the introductory text of paragraph (g) has-been"*~
revised to read as follows:
.6 30.35 financial _ assurance and recordkespina for_(ecommissionina.
(g) Each person licensed under this part or parts 32 through 36 and 39 of this chapter shall keep records of information important to the '
decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with 6 30.34(b), those licensees required to have decommissioning funding plans in accordance with this section shall transfer all records described in this paragraph to the new licensee, in this case, the new licensee will-be responsible for maintaining these records until the license is terminated. If records of relevant information are kept for other purposes, reference to these records and their locations may be used.
Information the Commission considers important to decommissioning consists o f --
17 O
- 6. In i 30.36, paragraph () (4) hasdeen added to read as follows:
JLlL36 Expiration and termination of licenses and deconnissionina of sites AngLssparate buildings or outdoor areas.
Y([) * * *
(4) Records required by ll 30.35(g) and 30.51(d) have been received.
- ; e _c cL
- 7. In i 30.51, paragraph (d) has een added to read as follows:
6 30.51 Records.
(d) The licensee shall retain each record that is required by the regulations in il 20.?l07 and 20.2108 until the Concission terminates each pertinent license requiring the record. This includes records retained under the Standards for protection Against Radiation in effect prior to January 1, 1994.8 Before license transfer or assignment in accordance with 6 30,34(b), and before license termination, those licensees required by 6 30.35 to have decommissioning funding plans shall forward all records described in this paragraph to the appropriate NRC Regional Office.
PART 40--00MESTIC LICENSING Of SOURCE MATERIAL
- 8. The authority citation for Part 40 continues to read as follows:
AUltiORITY: Secs. 62, 63, 54, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. lle(2), 83, 84, Pub. L 95-604, I See S 20.4ol(c)(3) codiflod as of January 1, 1993.
18
.___-_ .__-.m
1.
92 Stat. 3033, as anonded, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841,
$842, $846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat.
2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).
Section 40.3)(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 40.46 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.
2234). Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C.
2237).
o 1.
- 9. In 6 40.36, the introductory text of paragraph (f) has been 2
revised to read as follows:
LiL36 financia_Lassurance and recordkeepino for decommissionino.
(f) Each person licensed under this part shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in acccrdence with 6 40.41(b) those licensees required to have decommissioning funding plans in accordance with this section shall transfer all records describad in this paras aph to the new licensee, in this case, the new licensee will be responsible for maintaining these records until the license is terminated. If records of relevant information are kept for other purposes, reference to these records and their 19
locations may be used. Information the Commission considers important to decommissioning consists of --
[c
- 10. In 6 40.42, paragraph (4) hat-been e.dded to read as follows:
6 40.42 Expiration and termination of licenses and decommissionino of sites And_ipp3 rate buildings or gutdoor areas.
)
(4) Records required by 66 40.36(f) and 40.61(d) have been received, n - -
. : , - .o e
15
- 11. In 6 40.61, paragraph (d) 4ea&-been added to read as follows:
A_19.61 Retgrdi.
(d) The licensee shall retain each record that is required by the regulations in il 20.2107 and 20.2108 until the Commission terminates each pertinent licent.e requiring the record. This includes records retained under the Standards for Protection Against Radiation in effect prior to January 1, 1994.' Before license transfer or assignment in accordance with 6 40.41(b), and before license termination, those licensees required by 6 40.36 to have decommissioning funding plans shall forward all records described in this paragraph to the appropriate NRC Regional Office.
[/ See S 20.401(c)(3) codified as of January 1, 1993.
20 h
_d
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE
- 12. The authority citation for Part 61 continues to read as follows:
AUTil0RilY: Secs. 53, 51, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 1244, 1246, (42 U.S.C.
5842, 5846); secs. 10 and 14, Pub. L.95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).
i IL Fevon '
- 13. In 161.30, paragraph (a)(3) -has-been': rended to read as follows:
1_1LJD Traftsfer of license.
(a)
(3) That any funds for care and records required by 66 61.80(e) and (f) be transferred to the disposal site owner; 4
/t
- 14. In i 61.31, paragraph (c)(3)-has-been added to read as follows:
.Lih31 Termination of license.
(c)
(3) That the records required by 16 61.80(e) and (f) be forwarded to the party responsible for institutional control of the disposal site and a copy be sent to the Commission immediately prior to license terminationg) 21 l
. . _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ __J
- y,nd h kN
- 15. In i 61.80, paragraph (f) has-biett-amended as follows:
(s s s s s f
6 61 80 Maintenance of recprds. reports and transfers.
y (f) following receipt and acceptance of a shipment of radioactive waste, the licensee shall record the date of disposal of the waste, the location in the disposal site, the condition of the waste packages as received, any discrepancies between materials listed on the manifest and those received, and any evidence of leaking or damaged packages.or radiation and contamination levels in excess of limits specified in Department of Transportation and Commission regulations. The licensee shall briefly describe any repackaging operations of any of the waste packages included in the shipment, plus any other information required by the Commission as a license condition. The licensee shall retain each record that is required by
,t p., rive r o<
the regulations in il 20.2107and20.2108fu~n,tiltheCommissionterminates each portinent license requiring the record. This includes records retained under the Standards for Protection Against Radiation in effect prior to January 1, 1994.'
q f >l N Y, PART 70--DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL
- 16. The authority citation for Part 70 continues to read as follows:
AUTHOR 11Y: 230 948 953 Secs. 51, 53,161,182,183, 68p c.Stat. F / e I,929,14 ,hi,,>f 5I, 2 95 ky/53 954, as amended, sec.,-234,M 483 Stat. 444, as amended 3 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282,); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
M See S 2o.401(c)(3) codified as of January 1, 1993.
22
Sections 70.l(c) and 70.20a(b) also issued under secs, 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also ya V ' C.. qs Issued under Pub. L.95-601, sec.10, 92 Stat. 2951(awamende'd, by_P$'b.4 lh.
.h_
4 9102-486 -s ecr 2902 r 106-S t a t .-3123 -( 42-tPSTCM851 ) . Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C. 2077).
Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70s01 also issued under secs. 186, 187, 68 Stat.
955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
- 17. In 6 70.25, the introductory text of paragraph (g) has bhen I
l revised to read as follows:
6 70 2.5 financial assurance and recordkeepino for decommissionina.
(9) Each person licensed under this part shall keep records of information_important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with 6 70.32(a)(3),
those licensees required to have decommissioning funding plans in accordance with this section shall transfer all records described in this paragraph to the new itcensee, in this case, the new licensee will be responsible for maintaining these records until the license is terminated. If recoras of relevant information are kept for other purposes, reference to these records and their locations may be used. Information the Commission considers important to decommissioning consists of --
23
I.
Y l N^,
- 18. In 6 70.38, paragraph ()')(4) has-been added to read as follows:
3_7A18.... Expiration and termination of licenses and decommissionina of sitsi and separate buildjngs or oqldpor areas.
'Y[.
(
(4) Records required by ll 70.25(f) and 70.51(b)(6) have been roccived.
gy ,,,, 4 3, asJ rw rdm >J / N*
x j o.u/ Y "l",
- 19. In 6 70.51,Iparagraph (b)(6) -has been / 5 revised to read as follows:
1 70.51 liatorial balonw inventory. and records reouirements.
(b)
(6) The licensee shall retain each record that is required by the regulations in 6 20.2107 and i 20.2108 until the Commission terminates each pertinent license requiring the record. This includes records retained under the Standards for Protection Aqpinst Radiation in effect prior to January 1, 1994.' Before license transfer or assignment in accordance with 6 70.32(a)(3), and before license termination, those licensees required by 6 70.25 to have decommissioning funding plans shall forward all records described in this paragraph to the appropriate NRC Regional Office.
[ * * * $/
d See S .o.4ol(c)(3) codified as of January 1, 1993.
24
I
/
- 20. In 6 0'. 51, ragraph (c)(5), red ignate footn te 2 as footnote ,
\i '\ '
I '
l ( ,rl
- 21. In i 70.51, paragra h4f-) 4)(11) redesignate footno @ ,
s f
PART 72--LICENSING REQUIREMENTS FOR Tile INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND lilGil-LEVEL RADI0 ACTIVE WASTE
)0 N. lhe authority citation for Part 72 continues to read as follows:
AUlll0R11Y: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282);
sec. 274 Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec.10, 92 Stat. 2951 as-amended by Pub. 4.-102A 486Tsoc.-2902',~106 Stat. 3123-(42 U.S.C. 5851); sec. 102 Pub. L.91-190, 83 Stat.853(42U.S.C.4332)jSecs.131,132,133,135,137,141,_ Pub.L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat.
1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L.
100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)),
Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239);
sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C.
10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),ll7(a),
25
141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C.
10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and Sec. 218(a), 96 Stat. 2252 (42 U.S.C.
l 10198).
ir
)l - -44. In 6 72.30, the introductory text of paragraph (d) has-been revised to read as follows:
) 72.30 financial ashirance and resordkeepina for decommissioning.
(d) Each person licensed under this part shall keep records of information important to the decommissioning of a facility in an identifted location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with 6 72.44(b)(1), the licensee shall transfer all records described in this paragraph to the new licensee, in this case, the new licensee will be responsible for maintaining these records until the license is terminated, if records of relevant information are kept for other purposes, reference to these records and their locations may be used. Information the Commission considers important to decommissioning consists of --
7
- 24. In 6 72.54, paragraph (1)(3) has Neen'added to read as follows:
6_72.54__1xpiration and termination of licens3s and decommissionina of sites And separate buildinas or outdoor areas.
(1) 26 j
1 (3) Records required by 66 72.30(d) and 72.80(e) have been received.
a . * ; .
Q tr
- 25. In 6 72.80, paragraph (e).has.5een added to read as follows:
6 72.80 Outer records and reph.
(e) The licensee shall retain each record that is required by the regulations in 66 20.2107 and 20.2108 until the Commission terminates each pertinent license requiring the record. This includes records retained under the Standards for Protection Against Radiation in effect prior to January 1, 1994.' Before license transfer or assignment in accordance with 6 72.44(b)(1), and before license termination, the licensee shall fort,.ed all records described in this paragraph to the appropriate NRC regional office.
Dated at Rockville, Maryland, this day of 1995.
For the Nuclear Regulatory Commission.
James M. Taylor, Executive Director for Operations, je See S Oo.4ol(c)(3) codiflod as of January 1, 1993.
27
.