ML20246J910
| ML20246J910 | |
| Person / Time | |
|---|---|
| Issue date: | 10/28/1988 |
| From: | Meyer D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Lambert J NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML19316F918 | List: |
| References | |
| FRN-52FR47578, RULE-PR-62 AC24-2-39, NUDOCS 8905170203 | |
| Download: ML20246J910 (8) | |
Text
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8 o,, UNITED STATES
.[ g NUCLEAR REGULATORY COMMISSION g E- WASHINGT ON, D. C. 20655
%.....+ OCT 281988 MEMORANDUM FOR: Jantt Lambert Division of Low-Level Waste Management and Decommissioning Office of Nuclear Regulatory Research FROM: David L. Meyer, Chief Regulatory Publications Branch Division'of Freedom of Information and Publications Services Office of Administration and Resources Management
SUBJECT:
REVIEW 0F SECY-88-298. " CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS FOR N0L FEDERAL AND REGIONAL
-LOW-LEVEL WASTE DISPOSAL FACILITIES" The Regulatory Publications Branch (RPB) routinely receives and ' reviews most Commission Papers that discuss rulemakings. During our review of SECY-88-298, we noted several inconsistencies between the headings in the table of contents listing for Part 62 and the headings in the text. We have enclosed the marked pages that note the inconsistencies.
When the final rule is submitted for' publication in the Federal Register, please ensure that it is a clean copy with the billing code (7590-01) appearing on the first page only and the text typed on one-side of each page.
If you have any questions concerning our comments, please contact Alzonia Shepard on extension 27651.
M David L. Meyer, Chief Regulatory Publications Branch Division of Freedom of Information and Publications Services Office of Administration and Resources Management l
8905170203 890505 PDR PR M&
62 52FR47578- PDR <
[7590-01J =
i Subpart 8 - Request for a Commission Determination 62.11 Filing and distribution of a determination request, a 1
62.12 Contents of a request for emergency access: General information. I 62.13 Contents of a request for emergency access: Alternatives.
62.14 Contents of a request for an extension of emergency access.
62.15 Additional information.
62.16 Withdrawal of a determination request.
62.17 Elimination of peti 7
re 62.18 Denial of g cess. y Subpart C -_ Issuance of a Commission Determination 62.21 Determination for granting emergency access.
62.22 Notice of. issuance of a determination.
62.23 Determination for granting temporary emergency access.
62.24 Extension of emergency access.
62.25 Criteria for a Commission determination. '
62.26 Criteria for designating a disposal facility.
7
/ art D - Compliance with Conditions of Emergency Access; N
Termination of Emergency Access ,
62.31 Termination of Emergency Access.
l AUTHORITY: Secs. 81, 161, as amended, 68 Stat. 935, 948, 949, 950,"
. i 951, as amended. (42 U.S.C. 2111, 2201); secs. 201, 209, as amended, 88 Stat. 1242, 1248, as amended (42 U.S.C. 5841, 5849); secs. 3, 4, 5, 6, 1
' 99 Stat. 1843, 1844, 1845, 1846,.1847, 1848, 1849, 1850, 1851, 1852, .
1853, 1854, 1855, 1856, 1857. (42 U.S.C. 2021c, 2021d, 2021e, 2021f).
46 .
O L. O __________._______._.____.____________C1.._ ._ _ __ _ _ ___ _______2
[7590-01]
(b) The Secretary of the Commission will cause to be published in the Federal Register a notice of the withdrawal of a request ~for a l Commission determination'under this part.
l l
b 62.17 Elimination of rbpetition.
In any request under this part, the person making the request may incorporate by reference information contained in a previous application, 1
Statement, or report filed with the Commission provided that these refer-ences are updated, clear, and specific.
?
Geoss -
S 62.18 Denial of request'~ .
If a request for a determination is based on circumstances that are too remote and speculative to allow an informed determination, the Commission may deny the request.
l l
l Subpart C--Issuance of a Commission Determination S 62.21 Determination for granting emergency access.
(a) Not later than (45) days after the receipt of a request for a Commission determination under this part from any generator of low-level
~
radioactive waste, or any Governor on behalf of any generator or genera-tors located in his or her State, the Commission shall determine whether--
l (1) Emergency access to a regional disposal facility or a non-Federal disposal facility within a State that is not A member of a Compact for' specific low-level radioactive waste is necessary because of an immediate and serious threat (i) to the public health and safety or (ii) the common defense and security; and e
. b 58 e es
~ - ~
[7590-01]
XV. List of Subjects l
,/
Administrative practice and procedure, denial of access,t(mergency access to low-level waste disposal, /sw-level radioactive waste, Zow-level radioactive waste policy amendments act of 1985, Low-level radioactive waste treatment and disposal, A clear materials, Reporting and record-keeping requirements.
l For the reasons set out in the p'reamble 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, and the Low-Level Radioactive Waste Policy Amendments Act of 1985, the NRC is adopting a new 10 CFR Part 62.
Part 62 - Criteria and Procedures for Emergency Access to l
Non-Federal and Regional Low-Level Waste Disposal Facilities
- 1. A new Part 62 is added to 10 CFR to read as follows:
l Subpart A - General Provisions Section: ~
6
2.1 Purpose and Scope
62.2 Definitions.
62.3 Communications. ~
62.4 Interpretations.
62.5 Specific Exemptions.
62.8 Information Collecti,on Requirements: OMB Approval
, 45 .
O m
. ___ -- _ _ _ _ _ _ _ _ - - _ _ - - - - - - - - - - - ___ - - - - ~
[7590-01] =
- Subpart 8 - Request for a Commission Determination l- '
- 62.11 Filing and distribution of a determination request.
, 62.12 Contents of a request for emergency access: Ge'- J information.
l 62.13 Contents of a request for emergency access: Alternatives.
62.14 Contents of a request for an extensien of emergency access.
62.15 Additional information.
62.16 Withdrawal of a determination request.
62.17 Elimination o pet
?
p pt 62.18 Denial o access,
-- p.
Subpart C - Issuance of a Commission Determination 62.21 Determination for granting emergency access.
62.22 Notice of issuance cf a determination.
62.23 Determination for granting temporary emergency access.
62.24 Extension of emeraency access.
62.25 Criteria for a Commission determination. ~
62.26 Criteria for designating a disposal facility.
7'
/
' ,Nubpart 0 - Compliance with Cor,it" 1s of Emergency Access;
~
xx Termination of Emergem.y Access 62.31 Termination of Emergency Access.
AUTHORITY- Secs. 81, 161, as amended, 68 Stat. 935, 948, 949, 950,'
951, as amended. (42 U.S.C. 2111, 2201); secs. 201, 209, as amended, 88 Stat. 1242, 1248, as amended (42 U.S.C. 5841, 5849); secs. 3, 4, 5, 6,
' 99 Stat. 1843, 1844, 1845, 1846,.1847, 1848, 1849, 1850, 1851, 1852, .
1853, 1854, 1855, 1856, 1857. (42 U.S C. 2021c, 2021d, 2021e, 2021f), ,
9 46 .
~
e 6
h n
l
[7590-01]
l 1
(b) The Secretary of the Commission'will cause to be published in
. 2 the Federal Register a notice of the withdrawal of a request' for. a f Commission determination under this part.
6.62.17 Elimination of repetition.
In any request under this part, the person making the request may incorporate by reference information contained in a previous application, Statement, or report filed with the Commission provided that these refer-ences are updated, clear, and specific.
?
,0 cN5 S~ #
S 62.18 Denial of request.
If a request for a determination is based on circumstances that are too remote and speculative to allow an informed determination, the Commission may deny the request.
Subpart C--Issuance of a Commission Determination S 62.21 Determinant n for granting emergency access.
(a) Not later than (45) days after the receipt of a request for a i Commission determination under this part from any generator of low-level l
radioactive waste, or any Governor on be' half of any generator or genera- )
l tors located in his or her State, the Commission shall determine whether--
(1) Emergency access to a regional disposal facility or a non-Federal disposal facility within a State 1. at is not A member of a Compact for' specific low-level radioactive waste is necessary because of i an immediate and serious threat (i) to the public health and safety or (ii) the commen defense and security; and -
l 1
\ .
58
[7590-01]
(c) If, af ter applying the exclusionary criteria in paragraph (b) of this section, more than one disposal facility is identified as appro-priate for designation, the Commission will then consider additional factors in designating a facility or facilities including--
(1) Type of waste and its characteristics, (2) Previous disposal practices, (3) Transportation, (4) Radiological effects, (5) Site capability for handling waste, (6) The vol'ume of emergency access waste previously accepted by each site both for the particular year and overall, and (7) Any other considerations deemed appropriate by the Commission.
(d) The Commission, in making its designation, will also consider any information submitted by the operating non-Federal or regional LLW disposal sites, or any information submitted by the public'in response to a Federal Register notice requesting comment, as provided in para-
~
graph (b) of S 62.11 of this part.
mpfm m.1 Md/ Da NY~n Y \
/, L <y .. y Subpart0--Terminationofhme/?eurs rgency Access S 62.31 Termination of emergency access.
(a) The Commission may terminate a grant of emergency access when emergency access is no longer necessary to eliminate an immediate threat to public health and safety or the common defense and security.
e G
W 65 .
~ .
1
[7590-01] .-
- j l
l (b) The Commission'nay terminate a grant of emergency access if an applicant has provided-inaccurate information in its application for j emergency access or if the appl.icant has failed to comply with this part or any conditions set by the Commission pursuant to this part.
Dated at Rockville, MD, this day of , 1988.
For the Nuclear Regulatory Commitsion.
.1 i
Samuel J. Chilk, Secretary of the Commission. ,
l l
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9 66 .
M e
- 9C2 WQ
(=be 89 NUMBER: 90 LATERT UPDATE: 11/30/88
.[
TITLE:
Criteria and Procedures for Emergency Access to Non-Federal and Regional Low-Level Naste Disposal Facilities CFH CITATION:
10 CFR 62 LEGAL AUTHORITY:
42 USC 2021 EFFECTS ON SMALL BUSINt'.S AND OTHER ENTITIES Yes AGENCY CONTACT:
Janet Lambert Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3855 -
ABSTRACT:
The rule would establish procedures and criteria for fulfillirig NRC's responsibilities associated with acting on requests by l ow-l evel radioactive waste generators, or State officialc on behalf of those generators., for emergency access to operating, non-Federal,or regional, low-level radioactive waste disposal f acili ti es: under Section 6 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA).
Section 6 of the L.LRWPAA authorizes the NRC to grant ;-
emergency access to ans, non-Federal l ow-l evel waste di sposal '
facility, if necessary, to eliminate the immediate and serious threat to the public health and safety or the common defense and security, provided the threat cannot'be mitigated by any alternative.
CL1RRENT STATUS:
lhe final rulemaking was affirmed by the Coy ission on ;
N o v e m b e,r,,,A,.1,9,(tL) It in expected that f.As wi 11 be published i in the Federal Register by h c ' - .m., 1 7 C + ,----.
W.
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1METABLE: d COMPLETED ACTIONS:
Rulemaking Initiation Date 08/25/86 l Office Concurrence on Proposed Action 05/87 Pr oposed Action to EDO 07/30/87 Proposed Action to Commission 08/12/87 4 I F'roposed Action Published 12/15/87 52 FR 47b78 l
! Public Comment Period End 02/12/88 l Final Action to CRCR/ACRS-Not Applicable Final Action to Offices for Concurrence 08/09/88 Final Action to Eb0 09/30/B8 ggg Final Action to Commi ssi on 10/18/88 (SECY-88-298) g !
) Comm1 t si on Atfirmed Ru] emaki no 11/23/68 j
!, 6CHEDULED AC f1ONS: [ t 3 /t,,@ ,
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) I' I n a l At t. i on Published 11/15/68 CNNMB) '- ' "'
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- 1
NOTE: Timetabl e scheduled action dates reflect EDD-approved due dates Daten included in parentheses, if any, represent tank leader es t i rnates.
REGULAT0ftY IMPACT ANALYSIS: b,',-
Completed; sub <ni t t ed for RDB review on 07/20/88Cv.) djy u SCHEDUL ING/ DISCUSSION NO TES: 0 t h I !6O /c,, !
The final action i s ex pected to be publi shed by -4M4/-G8a *; g.g REASONS FOR POTENTIAL OR ACTUAL SLIPPAGES: /*+ d 4v M W 1' No slippages are foreseen. 54 4dus ,)
MANAGEMENf/ STAFF ACTIONS HEidDED TO MINIMIZE OR AVOID SLIPPAGES:
None. ,
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