ML20238C676

Forwards Fr Notice Developed to Inform Public That Policy Statement Has Been Attached to App B of 10CFR2 Re Cross Ref to NRC Policy Statement Concerning Disposal of Waste Below Regulatory Concern

ML20238C676
Person / Time
Issue date:	05/19/1986
From:	Wigginton S NRC
To:	Dragonette K NRC
Shared Package
ML20238C622	List: ML20238C621 ML20238C633 ML20238C647 ML20238C657 ML20238C676 ML20238C683 ML20238C687 ML20238C700 ML20238C736 ML20238C742 ML20238C747
References
FOIA-87-506 NUDOCS 8709100294
Download: ML20238C676 (7)

Text

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.. Dete ROUTING AND TRANSMITTAL SUP May 19.1986 .

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TO: (Name, ofBee symbol, room number. - Initials Date buisdins. Agencylrest) .

3. Kitty Dragonette 2.

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Action File Note and Retum Approval For Clearance Per Conversation l As Requested For Correctice, Prepare Reply Circulate For Your information See Me l

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redination Justify l

REMARKS l ,

1 1 He have worked up the attached Federal Register notice with Robert Fonner in order to inform the public that the. Policy Statement has been attached to Part 2 as Appendix B. We believe this will be a good solution to the problem of cross referencing a policy statement that is not codifie,d.

l l Please keep us informed on the progress of your policy statement. As soon as it has been pub-lished as Appendix B to Part 2, we will forward

= .. .. ez._ .__; :*tt this notice for publication in tne Federal Prrted Th"'

Register.

DO NoT use this form as a RECORD of approvals, concurrences, disposals.

clearances, and simiter actions FRoM:(Name, org symbof, Agency / Post) Room No.- -Bldg.

4000 14NBB Sarah N. Wigginton, RPB so41-102 OPTIONAL FORM 41 (Rev. 7-76)

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Document Name:

CROSS REF. FRN Requestor's ID:

WIGGINTO Author's Name:

wigginton Document Comments;

NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 Cross Reference to NRC Policy Statement:

Disposal of Waste Below Regulatory Concern AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.  !

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations in 10 CFR Part 2, Subpart H that pertain to procedures for submitting a petition for rulemaking. This amendment is being made as a result of a recently published policy statement that the NRC issued in <;,ponse to the requirements of Section ,

t 10 of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which re-quires the NRC to establish standards, procedures, and the technical capability to expeditiously deal with petitions for rulemaking on disposal of radioactive wastes below regulatory concern. This administrative amendment to 10 CFR Part 2 will reference the special procedures outlined in detail in the policy state-ment for expedited action by the Commission on petitions.

EFFECTIVE DATE: j i

FOR FURTHER INFORMATION CONTACT: John Philips, Chief, Rules and Procedures  !

Branch, Division of Rules and Records, Office of Administration, U.S. Nuclear

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Regulatory Commission, Washington, DC 20555, Telephone: 301-492-7086. )

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SUPPLEMENTARY INFORMATION: Normally, a member of the public who would request .

1 that the NRC exempt specific radioactive waste radionuclides.in the waste j i

stream in sufficiently low concentrations or quantities as to be below i regulatory concern would follow the procedures for submitting a petition for generic rulemaking outlined in 10 CFR 2.802. As written, 62.802 contains no details on the quality of the information needed, nor any indication of the time needed to act upon a petition. It has taken years to resolve some l '

petitions for rulemaking under 62.802.

The Low-Level Radioactive Waste Policy Amendments Act of 1985 was enacted on January 15, 1986. Section 10 of the Act requires the NRC to establish new procedures for expedited handling of petitions to exempt " specific radioactive waste streams from regulation. . .due to the presence of radionuclides in such waste streams in sufficiently low concentrations or quantities as to be below I

regulatory concern." These procedures must be in place by July 17, 1986. To 1 l

expedite the availability of the procedures, the NRC decided to prepare a policy statement which contains detailed discussions of the quality of informa-tion a petition should contain to receive expedited action for a proposed exemption. The policy statement was published in the Federal Register on l

The amendment to 10 CFR Part 2 is being made to alert a petitioner who wants expedited Commission action on a rulemaking petition to exempt a specific  ;

waste stream from regulation to consult the policy statement and to frame his 4 petition accordingly. Persons not interested in expedited action for a rulemaking exempting a radioactive waste stream from regulation need not consult the policy statement.

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Because this is a rule of procedure and practice, the Commission finds, pursuant to 5 U.S.C. 553(b)(A), that advance notice and opportunity to comment are not required. Accordingly, the Commission find that because these amendments relate solely to matters of agency organization, procedure, or practice, good cause exists for omitting notice of proposed rulemaking and public procedure thereon, as unnecessary, and for making the amendments

, effective upon publication in the Federal Register. Because this revision is-l not a final rule requiring notice of proposed rulemaking, under 5 U.S.C. 553, the provision of 5 U.S.C. 603 requiring a regulatory flexibility analysis does not apply.

ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

PAPERWORK REDUCTION ACT STATEMENT This final rule contains no information collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

LIST OF SUBJECTS Part 2: Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.

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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, as amended, and 5 U.S.C. 553, the NRC is adopting the following amendment to 1

10 CFR Part 2.

PART 2 RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

1. The authority citation for Part 2 continues to read as follows:

Authority: -Sec. 161, as amended (42 U.S.C. 2201); Sec. 201, as amended (42 U.S.C. 5841).

2. In 62.802, paragraphs (a) and (b) are revised to read as follows:

62.802 Petition for rulemaking.

(a)(1) Any interested person may petition the Commission to issue, amend, or rescind any regulation. The petition should be addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 1 Attention: Chief, Docketing and Service Branch.

i (2) Any person who is interested in receiving expedited Commission action )

on a petition to exempt specific radioactive waste streams from regulation due to the presence of radionuclides in sufficiently low concentrations or quantities to be below regulatory concern should consult the NRC Policy Statement published in the Federal Register on ( ) in the preparation of this petition. This Policy Statement is also published as Appendix B to this Part.

(b)(1) For a petition filed under paragraph (a)(1), the prospective petitioner is encouraged to confer with the staff prior to the filing of a petition for rulemaking, o" requests for a meeting _with the appropriate NRC staff to discuss a petition should be addressed to the Director, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory 1

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6 Commission, Washington, DC 20555, Attention: Chief, Rules and Procedures ,

f Branch. A prospective petitioner may also telephone the Division of Rules and Records on 301-492-7086 to obtain assistance. J (2) For petitions filed under paragraph (a)(2), the prospective petitioner should communicate with the Office listed in the NRC Policy z

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Statement published in the Federal Register on ( ) i and in Appendix B to this Part. .

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Dated at Bethesda, Maryland, this day of 1986. )

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For the Nuclear Regulatory Commission. )

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Victor Stello, Jr.,

I Executive Director for Operations.

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