ML23284A044

Draft Supporting Statement for 10 CFR Part 62

ML23284A044
Person / Time
Issue date:	12/13/2023
From:	Maupin C NRC/NMSS/DDUWP/LLWPB
To:
Maupin, Cardelia, NMSS/DDUWP/LLMPB
Shared Package
ML23284A041	List: ML23284A044
References
OMB 3150-0143
Download: ML23284A044 (7)

Text

DRAFT SUPPORTING STATEMENT FOR TITLE 10 OF THE CODE OF FEDERAL REGULATIONS PART 62 CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES (3150-0143)

EXTENSION

Description of the Information Collection

Part 62 of Title 10 of the Code of Federal Regulations (10 CFR Part 62) sets out the information that will have to be provided to the U.S. Nuclear Regulatory Co mmission (NRC) by any Low-Level Waste (LLW) generator or State seeking emergency acce ss to an operating LLW disposal facility pursuant to Section 6 of the LLW Policy Amend ments Act of 1985 (PL 99-240, January 15, 1986) (the Act).

A. Justification

1. Need for and Practical Utility of the Collection of Informa tion

Section 6 of the Act provides that the NRC can override denial of access decisions and grant generators "emergency access" to operating non-Federa l disposal facilities. To receive emergency access, a State or generator must request access and successfully demonstrate to t he NRC that access to LLW disposal is necessary to eliminate a serious and immediate threat to public health an d safety or the common defense and security, and that the threat cannot be miti gated by any alternative, including ceasing the activities that generate the waste. From the information provided by the requester, the NRC must be able to make both determinations prior to granting emergency access. The NRC is also directed to grant extensions of emergency access and temporary emergency ac cess under specified circumstances.

The Act also provides that as part of the overall decision to g rant emergency access, the NRC is to designate the operating LLW disposal faci lity that will receive the waste requiring emergency access. The requester must submi t the information necessary for the NRC to make sure that the LLW approved for emergency access disposal is compatible in form, composition, waste package, rad ioactivity, etc., with the criteria established by the license or the licensing agreem ent of the facility designated to receive the waste. The Act provides that any req uests for emergency access should contain all information and certifications that t he NRC may require to make its determinations.

The Commission has promulgated a rule (10 CFR Part 62) establis hing the criteria and procedures to be used for granting emergency access to non-Federal and regional LLW disposal facilities. The rule sets out the inform ation and certifications to be provided in a request for emergency access in order for t he NRC to determine whether emergency access should be granted, and which disposal facilities should receive the wastes.

Section 62.5 specifies the Commission may, upon application of any interested person or upon its own initiative, grant an exemption from the requirements of the regulations in this part that it determines is authorized by la w and will not endanger life or property or the common defense and security and is othe rwise in the public interest.

Section 62.11 specifies the filing and distribution requirement s for a request for the Commissions determination. The person submitting the request shall file a signed original request with the Commission along with a copy provided to the appropriate Regional Administrator. This section also requires the publica tion of a notice in the Federal Register acknowledging the receipt of a request for a determination and asking for public comment on the request to be submitted to the NRC within 10 days of the date of notice. Section 62.11 also provides that a copy of the notice be transmitted to specific potentially affected parties.

Section 62.12 specifies the information that must be provided t o the NRC in a request for emergency access. For each generator to which the request applies, general information to include the name and address of the requ ester and persons or companies requiring emergency access must be provided. In a ddition, a statement indicating if the request is based on public health a nd safety or common defense and security, a certification that the waste is LLW, th e activity responsible for generating the waste, the name of the disposal facility whi ch had been receiving the waste prior to generator being denied access, a description of the waste including characteristics and composition, volume, time duratio n, and packaging, and a description of volume reduction and waste minimization te chniques must be provided. The NRC also requires that information concerning th e circumstances that led to the denial of access, a description of the situatio n responsible for creating the threat to the public health and safety or the comm on defense and security, a description of actions taken by the requester to pr event the need for making the request, and the impacts on public health and safety and common defense and security if emergency access is not granted, or if generator services, including research activities were to be curtailed for a limite d time or indefinitely.

Section 62.13 specifies the information that must be included i n a request for emergency access on alternatives to emergency access. Informat ion detailing the process used by the requester to identify, consider, and reject alternatives to emergency access is required, as well as information concerning the actual alternatives.

Section 62.14 specifies the information that must be provided i n a request for an extension of emergency access, including documentation that the generator of the LLW and the State in which the waste was generated has diligent ly acted to eliminate the need for emergency access (as is required by the Act).

Section 62.15 specifies that the Commission may require additio nal information from the requester on any portion of the request for emergency access. This section also specifies that the Commission shall deny a request for emergency access if the additional information is not provided by the req uester within 10 days from the date of the request for additional information.

2. Agency Use of Information

The requested information will enable the NRC to make the requi red statutory findings that:

a serious and immediate threat exists to public health and s afety or the common defense and security,

no mitigating alternatives are available,

a grant of emergency access to an operating non-Federal or r egional LLW disposal facility is necessary, and

the facility/facilities should receive the LLW.

In case of requests for an extension of emergency access, the i nformation required will also enable the Commission to determine whether the person making the request has diligently pursued alternatives to emergency access.

The Act directs the Commission to decide on requests for emerge ncy access within 45 days of their receipt. In order for NRC to be able to respo nd within this time frame, it is important that all information necessary for makin g the required determinations is submitted as part of the initial request.

3. Reduction of Burden Through Information Technology

The NRC issued Guidance for Electronic Submissions to the NRC w hich provides directions for the electronic transmission and submittal of doc uments to the NRC.

Electronic transmission and submittal of documents can be accom plished via the following avenues: the Electronic Information Exchange (EIE) pr ocess, which is available from the NRC's Electronic Submittals Web page, by O ptical Storage Media (OSM) (e.g., CD-ROM, DVD), by facsimile or by e-mail. It is estimated that approximately 100% of the potential responses would be filed el ectronically because of the advances in technology and its widespread applic ation.

4. Effort to Identify Duplication and Use Similar Information

No sources of similar information are available. There is no d uplication of requirements.

5. Effort to Reduce Small Business Burden

Since access to LLW disposal may be denied to any generator of LLW, the rule could potentially affect both large and small generators. 1 The generators of LLW are nuclear power plants, medical and academic facilities, radi opharmaceutical manufacturers, fuel fabrication facilities, and government lice nsees. Of these categories, all but the power plants, fuel fabrication faciliti es, and government licensees could potentially include small entities. However, s ince the generator itself triggers imposition of the requirements of the rule by r equesting emergency access from the NRC, information requirements are the same for both large and small entities. The total number of requests for emergency acc ess is expected to be small. The NRC does not believe it is possible to reduce th e burden for small businesses either by less frequent or less complete information submittals.

6. Consequences to Federal Program or Policy Activities if the Collection is Not Conducted or is Conducted Less Frequently

If the collection is not conducted, the NRC will be unable to d etermine whether a serious and immediate threat to public health and safety or the common defense and security exists that warrants the granting of emergency acc ess to the LLW disposal facility. The NRC is not using 10 CFR Part 62 to impo se a schedule for a periodic collection of information. The information collection requirements set out in the rule will only apply when an LLW generator requests emergen cy access from the NRC. Thus, the frequency of collection will not be control led by the NRC but will be dictated by the needs of the generators.

7. Circumstances Which Justify Variations from Office of Manag ement and Budget Guidelines

The rule contains one variation from OMB guidelines. Section 6 2.15 allows a person requesting emergency access only 10 days to provide the NRC with any additional information identified by the NRC as necessary for i ts review. This period is significantly shorter than the 30 days normally required for such information collection under the OMB guidelines. However, given that reque sts will be of an emergency nature, the NRC would have less than 45 days total to review requests for emergency access and arrive at its decisions. In addition, given the complexity of the reviews and decision-making processes, it would be impos sible to accommodate a 30-day response time. The 10-day response time f or additional information is both necessary and reasonable.

1 In 2008, access to the Barnwell, South Carolina, LLW disposal facility was denied to generators in all but three states. However, this did not lead to any emergency access request submissions. In 2012, the Waste Control Specialists LLW disposal facility near Andrews, Texas made waste disposal capacity available to generators that otherwise had no disposal access. The Texas facility makes any request for emergency access for waste disposal highly unlikely.

8. Consultations Outside the NRC

Opportunity for public comment on the information collection re quirements for this clearance package was published in the Federal Register on ().

9. Payment or Gift to Respondents

Not applicable.

10. Confidentiality of Information

Confidential and proprietary information is protected in accord ance with NRC regulations at 10 CFR 9.17 (a) and 10 CFR 2.390 (b). However, no information normally considered confidential or proprietary is requested.

11. Justification for Sensitive Questions

None.

12. Estimated Burden and Burden Hour Cost

This information is being updated to reflect NRCs fee rate cha nges. It changed from $279 to $300 per hour in June 2023.

Only one exemption under 10 CFR 62.5 during the next three year s is estimated.

The total anticipated burden for one respondent is an estimated 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> at a cost of

$1,800 (6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> at $300/hour).

Only one emergency access request is estimated. The total a nticipated burden for one respondent is an estimated 227 hours0.00263 days <br />0.0631 hours <br />3.753307e-4 weeks <br />8.63735e-5 months <br /> at a cost of $68,100 ( 227 hours0.00263 days <br />0.0631 hours <br />3.753307e-4 weeks <br />8.63735e-5 months <br /> at

$300/hour).

Therefore, the total burden for 10 CFR Part 62 is 233 hours0.0027 days <br />0.0647 hours <br />3.852513e-4 weeks <br />8.86565e-5 months <br /> (22 7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> + 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />) at a cost of $69,900 (233 hours0.0027 days <br />0.0647 hours <br />3.852513e-4 weeks <br />8.86565e-5 months <br /> of staff time at $300/hour). T hese numbers are estimates, and actual burden will vary depending on which kind of generators requires emergency access and the circumstances involved.

The $300 hourly rate used in the burden estimates is based on t he Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20 Average cost per professional staff-hour. For more information on the basis of this rate, see the Revision of Fee Schedules, Fee Recovery for Fiscal Year 202 3 (88 FR 39120, June 15, 2023).

13. Estimate of Other Additional Costs

There are no additional costs.

14. Estimated Annualized Cost to the Federal Government

This information is being updated to reflect NRCs fee rate cha nges. It changed from $279 to $300 per hour in June 2023.

The staff has developed estimates of annualized costs to the Fe deral Government related to the conduct of this collection of information. Thes e estimates are based on staff experience and subject matter expertise and include th e burden needed to review, analyze, and process the collected information and any relevant operational expenses.

New fee rate $263 a) Only one exemption request is estimated. The following cos ts would be incurred by the NRC:

For a request for an exemption under Section 62.5, the NRC esti mates that it would likely require 11 hours1.273148e-4 days <br />0.00306 hours <br />1.818783e-5 weeks <br />4.1855e-6 months <br /> to decide that an exemption is ap propriate at a total cost of $3,300 (11 hours1.273148e-4 days <br />0.00306 hours <br />1.818783e-5 weeks <br />4.1855e-6 months <br /> of staff time $300/hour).

b) The NRCs cost to process a request for emergency access is dependent on the basis of the following threats:

If the threat is based on public health and safety, the NRC estimates that it will take approximately 480 hours0.00556 days <br />0.133 hours <br />7.936508e-4 weeks <br />1.8264e-4 months <br /> for staff to analyze the info rmation submitted in a request for emergency access at a cost of $144,0 00 (480 hours0.00556 days <br />0.133 hours <br />7.936508e-4 weeks <br />1.8264e-4 months <br /> of staff time at $300/hour).

If the threat is based on common defense and security, the NRC estimates that it will take approximately 320 hours0.0037 days <br />0.0889 hours <br />5.291005e-4 weeks <br />1.2176e-4 months <br /> for staff to analyze the information submitted in a request for emergency access at a cost of $96,00 0 (320 hours0.0037 days <br />0.0889 hours <br />5.291005e-4 weeks <br />1.2176e-4 months <br /> of staff time at $300/hour).

For all the threats, the NRC intends to involve Department of Energy (DOE) and/or Department Defense (DOD) in the decision-making process for requests for emergency access based on a threat to the common d efense and security. The NRC estimates that approximately 70 hours8.101852e-4 days <br />0.0194 hours <br />1.157407e-4 weeks <br />2.6635e-5 months <br /> wo uld be required for each emergency access request processed by DOE or DOD at a cost of $21,000 (70 hours8.101852e-4 days <br />0.0194 hours <br />1.157407e-4 weeks <br />2.6635e-5 months <br /> of staff time at $300/hour).

The NRC assumes one request based on a threat to public health and safety, and no requests based on common defense and security. The total bu rden to the Federal government for emergency access is 480 hours0.00556 days <br />0.133 hours <br />7.936508e-4 weeks <br />1.8264e-4 months <br />.

The potential cost to the Federal government for this renewal i s $147,300 (491 hours0.00568 days <br />0.136 hours <br />8.118386e-4 weeks <br />1.868255e-4 months <br /> of staff time at $300/hour).

15. Reasons for Change in Burden or Cost

There is no change in burden, the overall burden for this renew al remains unchanged at 233 hours0.0027 days <br />0.0647 hours <br />3.852513e-4 weeks <br />8.86565e-5 months <br />. However, the staff time hourly rate in creased from $279 to $ 300 per hour in June 2023, resulting in a small increase i n the overall costs

($4,893).

16. Publication for Statistical Use

None.

17. Reason for Not Displaying the Expiration Date

The recordkeeping and reporting requirements for this informati on collection are associated with regulations and are not submitted on instrument s such as forms or surveys. For this reason, there are no data instruments on whi ch to display an OMB expiration date. Further, amending the regulatory text of the CFR to display information that, in an annual publication, could become obsole te would be unduly burdensome and too difficult to keep current.

18. Exceptions to the Certification Statement

There are no exceptions.

B. Collection of Information Employing Statistical Methods

Statistical methods are not used in this collection of informa tion.