ML23156A045
| ML23156A045 | |
| Person / Time | |
|---|---|
| Issue date: | 10/27/1980 |
| From: | Chilk S NRC/SECY |
| To: | |
| References | |
| 45FR70874, PR-030, PR-032, PR-070, PR-150 | |
| Download: ML23156A045 (1) | |
Text
DOCUMENT DATE:
TITLE:
CASE
REFERENCE:
KEYWORD:
ADAMS Template: SECY-067 10/27/1980 PR-030,032,070, 150 - 45FR70874 - EXEMPTION OF TECHNETIUM-99 AND LOW-ENRICHED URANIUM AS RESIDUAL CONTAMINATION IN SMELTED ALLOYS PR-030,032,070, 150 45FR70874 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 32, 70, and 150 Exemption of Technetium-99 and Low-Enriched Uranium as Residual Contamination in Smelted Alloys AGENCY:
Nuclear Regulatory Commission.
ACTION:
Withdrawal of proposed rule.
SUMMARY
The Nuclear Regulatory Commission is withdrawing a proposed rule, published in the Federal Register on October 27, 1980 (45 FR 70874),
which would have established an exemption from licensing and other re-quirements for smelted alloys containing residual contamination in the form of low-enriched uranium and/or technetium-99.
The proposed rule is being withdrawn in favor of developing an integrated federal pol i cy which would establish consistent guidelines for dealing wi th the more general issues of decontamination and decommissioning of nuclear facilities as well as the recycling and reuse of decontaminated lands, facilities, materials, and equipment.
The NRC is also denyi ng, without prejudice, a Department of Energy request for an exemption from NRC regulations which would have a 11 owed the Department to recyc 1 e contaminated smelted a 11 oys salvaged from its uranium enrichment facilities.
DATE:
March 14, 1986 FOR FURTHER INFORMATION CONTACT:
D. R. Hopkins, Office of Nuclear Regulatory Research, U. S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone: (301) 443-7878.
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[7590-01]
SUPPLEMENTARY INFORMATION:
On October 27, 1980, the Nuclear Regulatory Commission published in the Federal Register (45 FR 70874) proposed amend-ments to 10 CFR Parts 30, 32, 70, and 150 of its regulations. Proposed new §30.21 and §70.15 would exempt any person to the extent that person received, possessed, used or transferred smelted alloys containing less than 5 parts per million {ppm) of technetium-99 and/or 17.5 ppm of low-enriched uranium from the requirements for a license set forth in Section 81 of the Atomic Energy Act, as amended, and in 10 CFR Parts 30-35 and 70.
Proposed new §§32.30 and 70.38 would establish requirements for a specific license for persons desiring to smelt scrap metals or to initially transfer for distribution or sale smelted alloys containing low-enriched uranium and/or technetium-99 to exempt persons.
Proposed new §150.15 would continue the Commission's licensing and regulatory requirements for those activities in Agreement States.
The NRC received an unusually large number of co01Tients (more than 3700) in response to the proposed rule. Most comments opposed t e changes because of their potential for allowing the introduction of radioactive material into consumer products.
The NRC also received a number of comments concerning the Draft Environmental Statement (DES) made available with the proposed rule. These comments included a letter from the Environmental Protection Agency (EPA), stating that (1) calculated individual doses are below regulatory limits but are not justified in the DES on an as-low-as-reasonably-achievable basis; and (2) the analysis does not adequately consider potential impacts on industries, such as photographic products and radiation detection industries, whose processes, products or services could be adversely impacted by metals contaminated by radioactive materials.
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(7590-1]
The proposed rule is being withdrawn in favor of working with the Environmental Protection Agency in developing an integrated federal policy which would establish consistent guidelines for dealing with the more general issues of decontamination and decomrrtissioning of nuclear facilities as wel l as the recycling and reuse of decontaminated lands, facilities, materials, and equipment.
The development of thesP guide1ines, for subsequent signature of the President, is within the mi~sion of EPA.
The NRC has suggested that, in view of the broad range of facilities and agencies involved and the need for a careful, deliberative development process, EPA should proceed with the development of this guidance.
The proposed rule published in 1980 was the result nf a request from the Department of Energy (DOE) for rulemaking to allow it to recycle large quan-tities of waste metals generated from an upgrading of its uranium enrichment facilities. Associated with this action to withdraw the proposed rulemakin~,
NRC is denyinq the DOE request without prejudice to its resubmittal once Federal guidance has heen issued. After the requested guidelines have been issued, the NRC will reconsider rulemaking to exempt low-radiation-level smelted alloys and other materials from licensing and other NRC requirements.
1<
Dated at Washinqton, D.C. this //
day of Nuclear Commission Samuel J. Chilk Secretary of the Commission 3