[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Pages 24669-24675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12166]
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NUCLEAR REGULATORY COMMISSION
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.
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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, and certain records
pertaining to offsite releases and waste disposal, to the new licensee
if licensed activities will continue at the same site, and it requires
the new licensee to forward these same records to the NRC before the
license is terminated.
EFFECTIVE DATE: June 17, 1996.
FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001, telephone (301) 415-6230, e-mail [email protected]
SUPPLEMENTARY INFORMATION:
I. 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 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 (59
FR 66814).
[[Page 24670]]
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 addressed. Six comment letters were
received on the proposed rule, 3 from Agreement States, 1 from a
licensee, and two from public interest groups. Three supported the
proposed rule, and three (from Agreement States) questioned the benefit
in adopting these requirements.
Public Comments
1. Need for the Rule and Expected Benefit
Comments. 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 decisionmaking 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 evaluation of the
environment would still be required.
Response. The intent of the proposed rule was to ensure that
records that are required by current regulations to be retained by
licensees during licensed operations are available in the event that
safety concerns arise after license termination regarding any offsite
consequences found to have resulted from licensed operations. Since the
NRC may not be able to determine what problems will arise in the
future, the best course of action is to have the records available
after the license is terminated. 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 forwarded to the
NRC prior to license termination or to the new owner if licensed
operations were to continue at the site under a new or amended license.
In addition, the proposed rule specified that records important for
decommissioning be provided to the new licensee prior to license
reassignment or transfer. As discussed below, in addition to
decommissioning records, the records included in the final rule are:
results of offsite release measurements and calculations under
Sec. 20.2103(b)(4); and waste disposals authorized under Secs. 20.2202,
20.2203, 20.2204, and 20.2205.
In order for the NRC to determine that a licensee has effectively
decommissioned its facility, and to authorize license termination, the
NRC will review the licensee's evaluation of previous releases to the
environment and waste disposals to determine whether there is a need
for the licensee to remediate significant offsite contamination as a
result of past licensed activities prior to license termination.
Licensees are already required to keep these records until license
termination.
When transfer of a license to a new entity is approved by the
Commission, certain records related to offsite releases of material,
including waste disposals, would be needed by the new licensee prior to
decommissioning to determine areas where remediation may be needed. In
addition, 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. Although other information would also be
needed to perform an environmental analysis, access to these records
would be useful in evaluating potential sources of contamination.
The NRC has re-evaluated the impact of this regulation in the
Regulatory Analysis. The records required to be transferred are the
records that the licensee is already required to retain until license
termination. The burden associated with this rulemaking relates to
transfer and subsequent storage of records, and as discussed in the
Regulatory Analysis, is not found to be significant.
The final rule has been modified to specify that only
decommissioning records and records of offsite releases and waste
disposals need to be forwarded to the new licensee in the event of
license transfer or re-assignment and that these are the only records
that need to be provided to the NRC at license termination. In
addition, only licensees authorized to possess unsealed source material
or unsealed byproduct material with half-lives greater than 120 days
(i.e., licensees that have a potential for significant contamination)
will be required to provide records to the new licensee in the event of
re-assignment or transfer and to the NRC at license termination. The
use of a 120 day half-life for byproduct material was chosen because
radioactive material with half-lives less than 120 days would be
completely decayed in a few years, and corresponds to the value
currently used to determine which licensees must have a decommissioning
funding plan. This change in the final rule was made to reduce the
burden on a number of licensees that routinely use only sealed sources
and, in the case of byproduct material, short-lived isotopes (less than
120 days). Licensees authorized to possess only sealed sources would
still be required to retain records of spills involving source
ruptures, under current decommissioning recordkeeping requirements. The
final rule will require all licensees to forward decommissioning
records to the NRC at license termination. Using this criteria the
number of licensees affected annually by this rulemaking has decreased
from approximately 1700 in the proposed rule to 960 in the final rule.
2. Agreement State Compatibility
Comment. One commenter stated (1) that there was no basis for a
Division 2 level of compatibility and (2) that an Agreement State could
use other methods, such as actual surveys, to confirm that there was no
offsite contamination. In addition, the commenter stated that other
costs associated with the proposed rule have not been considered, such
as costs associated with inspections, and while the NRC may be able to
absorb these costs in ``non-core portions of the inspection program,''
Agreement States do not have this luxury.
Response. The Commission still believes that this rule should be
assigned a Division 2 compatibility level for most of the new
requirements. The final rule assigns a Division 3 compatibility level
for the requirement that records be provided to the regulatory agency
prior to license termination. While the NRC believes that it would be
prudent for Agreement States to adopt a similar requirement, the final
rule assignment of a Division 3 compatibility level for this
requirement provides the flexibility for each State to determine which
records should be provided to the regulatory agency and retained by it
at license termination.
The NRC believes retention of these records will aid in the
resolution of potential safety concerns that may be identified after
license termination, and
[[Page 24671]]
also recognizes that an Agreement State without an equivalent
requirement for record retention has the ability to resolve potential
future safety concerns. However, this can be achieved by conducting
radiological surveys at the formerly licensed site. Without the
records, these surveys may need to be greater in number and may be more
costly, but the absence of retained records will not preclude an
Agreement State from adequately assessing future safety concerns.
Because the Commission has reduced the burden of this rule by
limiting the number of licensees affected by this rule, the inspection
burden on the Agreement States should not be significantly increased.
It is unlikely that any State will have more than 2-3 transfers per
year. With respect to other costs, the reporting burden reflects that
the time required to index, review, and store the required records has
been re-calculated to be an average of 5 hours per license termination
or transfer.
3. Regulatory Alternatives
Comment. 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 the discussion of Issues 1 and 2, 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 for offsite releases 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.
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 1.85
kilobecquerels per gram of tritium or carbon-14 in scintillation fluids
or animal tissue).
Response. The Commission considered possible alternatives to
rulemaking. These are addressed in the Regulatory Analysis prepared for
this rule. The following information is provided with respect to the
specific recommendations of the commenters:
(a) The NRC reconsidered the scope of the proposed rule and decided
to limit the records required to those needed to support
decommissioning. The Commission has already evaluated the impact and
need for decommissioning records in promulgating a final rule
addressing recordkeeping requirements for decommissioning (58 FR
39628).
The records included in the final rule are decommissioning records,
records of waste disposals that would be permitted under Secs. 20.2002
(including any burials authorized before January 28, 1981), 20.2003,
20.2004, 20.2005, and results of measurements and calculations used to
evaluate offsite releases (Sec. 20.2103(b)(4)). These records would be
helpful in evaluating the impact of a licensee's past activities. This
information can be used by the new licensee receiving the records in
developing decommissioning plans and by the regulatory agency to
evaluate the adequacy of the licensee's decommissioning activities.
With this change, the NRC concluded that for most licensees the overall
number of records that would be required to be transferred to the new
licensee should not exceed the capacity of several file drawers, even
for a license that has been in effect for some time and, therefore, the
overall burden associated with the transfer should be small. In
addition, the rule permits storage of this information electronically.
The final rule also requires that decommissioning records and certain
records pertaining to offsite releases and waste disposal be forwarded
to the NRC or the appropriate Agreement State prior to license
termination.
(b) The NRC has evaluated the suggestion to limit the scope of
licensees covered by the rule and has revised the final rule and the
Regulatory Analysis to reflect that, for licenses authorized under
Parts 30 or 40, the rule only affects those licensees authorized to
possess unsealed byproduct material with half-lives greater than 120
days or unsealed source material. Licensees that use and possess sealed
sources, or unsealed byproduct material with short half-lives, are no
longer affected by this rule. As a result of this change, most medical
licensees will not need to transfer records in the event of license
transfer, or re-assignment. Final records disposition for these
licensees and others excluded by this rule will still be determined on
a case-by-case basis by the NRC at the time of license termination.
(c) The purpose of this rulemaking is to assure that adequate
records are available to provide historical information on previous
licensed operations in the event significant offsite contamination is
detected after a licensee has ceased operation of their facility. To
provide flexibility to the Agreement States, the sections of the final
rule requiring transmittal of records to the NRC at license termination
have been designated Division 3 compatibility level. Because the NRC
has discontinued its regulatory authority in the Agreement States for
this material, it is appropriate that the Agreement States, rather than
the NRC, both determine which Agreement State licensee records should
be retained at license termination, and maintain those records.
(d) Records of waste disposals allowed by Sec. 20.2005 currently
are required by Sec. 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 Sec. 20.2005 pertaining to waste disposal. This petition is
currently on hold until finalization of the rulemaking addressing
radiological criteria for decommissioning. In light of this, we will
consider this comment in resolving this petition.
4. Public Access To Information
Comment. 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 recordkeeping, 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 the Commission to consider enhanced public access to information
as part of a coherent policy to protect important documentary
information from loss.
Response. This rule requires that records pertaining to
decommissioning and certain records pertaining to offsite releases and
waste disposals be transferred to a licensee that takes over a previous
licensee's business and that these records be forwarded to the
cognizant regulatory body prior to license 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, exclusive of any proprietary information.
5. Independent Spent Fuel Storage Installations and 10 CFR 72.30(d)
Requirements
Comment. One commenter stated that 10 CFR 72.30(d) addresses
recordkeeping requirements for
[[Page 24672]]
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 10 CFR
50.75(g), which contains the same type of recordkeeping requirements
for decommissioning for production and utilization facilities, was not
changed. The commenter believes this to be inconsistent and possibly an
inadvertent omission by the NRC.
Response. 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 consider recordkeeping requirements.
Summary of Requirements of the Final Rule
The final rule requires transfer of certain records pertaining to
decommissioning, offsite releases, and waste disposal to a licensee
that takes over operation of licensed activities. These records
include: those waste disposals that would be permitted under
Secs. 20.2002 (including any burials authorized before January 28,
1981), 20.2003, 20.2004, 20.2005, and results of measurements and
calculations used to evaluate offsite releases (Sec. 20.2103(b)(4)).
The new licensee will need these records in order to perform an
adequate 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
final rule also requires that these records be forwarded 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. In
addition, for certain records of offsite releases and waste disposals,
the final rule has also been modified to apply to licensees only
authorized to possess source and byproduct material with half-lives
greater than 120 days, in an unsealed form.
Paragraph 20.2108(b) has been amended to state that there are
additional requirements for disposition of records in 10 CFR Parts 30,
40, 70, and 72. Paragraphs 30.35(g) and 40.36(f) specify records that
the Commission considers important to decommissioning. The NRC has
revised these paragraphs to require the transfer of records pertaining
to decommissioning to the new licensee. Paragraphs have been added to
Secs. 30.51, 40.61, 70.51, and 72.80 to clarify that records pertaining
to decommissioning, offsite releases, and certain records pertaining to
waste disposal be forwarded to the new licensee prior to license
transfer or re-assignment, or to the NRC prior to license termination.
Also, paragraphs have been added to Secs. 61.30(a)(3) and 61.31(c)(1)
to clarify that records required by Secs. 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.
Finally, a new paragraph has been added to Secs. 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 Secs. 30.51, 40.61,
70.51, and 72.80.
III. Agreement State Compatibility
This rulemaking will be a matter of compatibility between the NRC
and the Agreement States, thereby providing consistency of State and
Federal safety requirements. The NRC has determined that a Division 2
level of compatibility should be assigned to the changes to
Secs. 30.35, 40.36, and 61.31 because the records required by these
sections are important to assure protection of public health and
safety, and are important to ensure that facilities in Agreement States
are effectively decommissioned. Under this level of compatibility the
Agreement States will be expected to adopt recordkeeping requirements
that are as stringent as NRC's, but they will be permitted flexibility
in their requirements based on their radiation protection experience,
professional judgments, and community values.
Revisions to Secs. 30.51, 40.61, 70.51, and 72.80 that require
records to be forwarded to the new licensee whenever a license is
transferred or re-assigned will also be assigned a Division 2 level of
compatibility for the reasons cited above. Other revisions to these
sections addressing forwarding of records to the NRC prior to license
termination will be assigned a Division 3 compatibility level. Under
this level of compatibility the Agreement States will have the option
to adopt similar requirements regarding final disposition of the
records, but will not be required to adopt such requirements. While NRC
believes retention of these records will aid in the resolution of
potential safety concerns that may be identified after license
termination, it also recognizes that an Agreement State without an
equivalent requirement for record retention has the ability to resolve
potential future safety concerns. This can be achieved by conducting
radiological surveys at the formerly licensed site. Without the
records, these surveys may need to be greater in number and may be more
costly, but the absence of retained records will not preclude an
Agreement State from adequately assessing future safety concerns.
IV. Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule 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
final rule.
V. Paperwork Reduction Act Statement
This final rule amends information collection requirements that are
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). These requirements were approved by the Office of Management and
Budget, approval number 3150-0014, -0017, -0020, -0009, -0132, and -
0135.
The public reporting burden for this collection of information is
estimated to average 5 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments on any aspect of this
collection of information, including suggestions for reducing burden,
to the Information and Records Management Branch (T-6 F33), U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by
Internet electronic mail at [email protected]; and to the Desk Officer,
Office of Information and Regulatory Affairs, NEOB-10202, (3150-0014, -
0017, -0020, -0009, -0132, and -0135), Office of Management and Budget,
Washington, DC 20503.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
VI. Regulatory Analysis
The NRC has prepared a regulatory analysis on this final rule. 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),
[[Page 24673]]
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: [email protected]
VII. Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this final rule does not have a
significant economic impact on a substantial number of small entities.
The rulemaking imposes requirements on those licensees who are required
to have decommissioning funding assurance and on licensees who are
transferring their license to a new licensee. These changes require the
transfer of records pertaining to decommissioning, and certain records
of waste disposals and offsite releases, to the new licensee. In
addition, the rule requires forwarding these records 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.
VIII. Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996 the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.
IX. Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this final rule and, therefore, that a backfit analysis is
not required for this rule because these amendments do not involve any
provisions that would impose backfits as defined in 10 CFR
50.109(a)(1).
List of Subjects
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, Special nuclear material, Source material,
Waste treatment and disposal.
10 CFR 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 protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, Special nuclear material.
10 CFR Part 72
Manpower training programs, Nuclear materials, Occupational safety
and health, Reporting and recordkeeping requirements, Security
measures, Spent 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, as amended, and 5 U.S.C. 552 and 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 RADIATION
1. The authority citation for Part 20 continues to read as follows:
Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68
Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701,
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133,
2134, 2201, 2232, 2236, 2297f), secs. 201, as amended 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
2. In Sec. 20.2108, paragraph (b) is revised to read as follows:
Sec. 20.2108 Records of waste disposal.
* * * * *
(b) The licensee shall retain the records required by paragraph (a)
of this section until the Commission terminates each pertinent license
requiring the record. Requirements for disposition of these records,
prior to license termination, are located in Secs. 30.51, 40.61, 70.51,
and 72.80 for activities licensed under these parts.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
3. The authority citation for Part 30 continues to read as follows:
Authority: 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).
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).
4. In Sec. 30.35, the introductory text of paragraph (g) is revised
to read as follows:
Sec. 30.35 Financial assurance and recordkeeping for decommissioning.
* * * * *
(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 Sec. 30.34(b), licensees
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
important to the decommissioning of a facility are kept for other
purposes, reference to these records and their locations may be used.
Information the Commission considers important to decommissioning
consists of--
* * * * *
5. In Sec. 30.36, paragraph (k)(4) is added to read as follows:
Sec. 30.36 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
* * * * *
(k) * * *
(4) Records required by Sec. 30.51 (d) and (f) have been received.
6. In Sec. 30.51, paragraphs (d), (e), and (f) are added to read as
follows:
Sec. 30.51 Records.
* * * * *
[[Page 24674]]
(d) Prior to license termination, each licensee authorized to
possess radioactive material with a half-life greater than 120 days, in
an unsealed form, shall forward the following records to the
appropriate NRC Regional Office:
(1) Records of disposal of licensed material made under
Secs. 20.2002 (including burials authorized before January 28, 1981
1), 20.2003, 20.2004, 20.2005; and
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\1\ A previous Sec. 20.304 permitted burial of small quantities
of licensed materials in soil before January 28, 1981, without
specific Commission authorization. See Sec. 20.304 contained in the
10 CFR, parts 0 to 199, edition revised as of January 1, 1981.
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(2) Records required by Sec. 20.2103(b)(4).
(e) If licensed activities are transferred or assigned in
accordance with Sec. 30.34(b), each licensee authorized to possess
radioactive material, with a half-life greater than 120 days, in an
unsealed form, shall transfer the following records to the new licensee
and the new licensee will be responsible for maintaining these records
until the license is terminated:
(1) Records of disposal of licensed material made under
Secs. 20.2002 (including burials authorized before January 28, 1981
1), 20.2003, 20.2004, 20.2005; and
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\1\ A previous Sec. 20.304 permitted burial of small quantities
of licensed materials in soil before January 28, 1981, without
specific Commission authorization. See Sec. 20.304 contained in the
10 CFR, parts 0 to 199, edition revised as of January 1, 1981.
---------------------------------------------------------------------------
(2) Records required by Sec. 20.2103(b)(4).
(f) Prior to license termination, each licensee shall forward the
records required by Sec. 30.35(g) to the appropriate NRC Regional
Office.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
7. The authority citation for Part 40 continues to read as follows:
Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2),
83, 84, Pub. L 95-604, 92 Stat. 3033, as amended, 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, 5842,
5846); 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 40.31(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).
8. In Sec. 40.36, the introductory text of paragraph (f) is revised
to read as follows:
Sec. 40.36 Financial assurance and recordkeeping for decommissioning.
* * * * *
(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 accordance
with Sec. 40.41(b) licensees 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 important to the decommissioning of a facility
are kept for other purposes, reference to these records and their
locations may be used. Information the Commission considers important
to decommissioning consists of--
* * * * *
9. In Sec. 40.42, paragraph (k)(4) is added to read as follows:
Sec. 40.42 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
* * * * *
(k) * * *
(4) Records required by Sec. 40.61(d) and (f) have been received.
* * * * *
10. In Sec. 40.61, paragraphs (d), (e), and (f) are added to read
as follows:
Sec. 40.61 Records.
* * * * *
(d) Prior to license termination, each licensee authorized to
possess source material, in an unsealed form, shall forward the
following records to the appropriate NRC Regional Office:
(1) Records of disposal of licensed material made under
Sec. 20.2002 (including burials authorized before January 28, 1981
1), 20.2003, 20.2004, 20.2005; and
---------------------------------------------------------------------------
\1\ A previous Sec. 20.304 permitted burial of small quantities
of licensed materials in soil before January 28, 1981, without
specific Commission authorization. See Sec. 20.304 contained in the
10 CFR, parts 0 to 199, edition revised as of January 1, 1981.
---------------------------------------------------------------------------
(2) Records required by Sec. 20.2103(b)(4).
(e) If licensed activities are transferred or assigned in
accordance with Sec. 40.41(b), each licensee authorized to possess
source material, in an unsealed form, shall transfer the following
records to the new licensee and the new licensee will be responsible
for maintaining these records until the license is terminated:
(1) Records of disposal of licensed material made under
Sec. 20.2002 (including burials authorized before January 28, 1981
1), 20.2003, 20.2004, 20.2005; and
(2) Records required by Sec. 20.2103(b)(4).
(f) Prior to license termination, each licensee shall forward the
records required by Sec. 40.36(f) to the appropriate NRC Regional
Office.
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
11. The authority citation for Part 61 continues to read as
follows:
Authority: Secs. 53, 57, 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).
12. In Sec. 61.30, paragraph (a)(3) is revised to read as follows:
Sec. 61.30 Transfer of license.
(a) * * *
(3) That any funds for care and records required by Secs. 61.80 (e)
and (f) have been transferred to the disposal site owner;
13. In Sec. 61.31, paragraph (c)(3) is added to read as follows:
Sec. 61.31 Termination of license.
* * * * *
(c) * * *
(3) That the records required by Secs. 61.80(e) and (f) have been
sent to the party responsible for institutional control of the disposal
site and a copy has been sent to the Commission immediately prior to
license termination.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
14. The authority citation for Part 70 continues to read as
follows:
Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948,
953, 954, as amended, sec. 234, 83 Stat. 444, as amended sec. 1701,
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233,
2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242,
as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Sections 70.1(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 issued under Pub. L. 95-601, sec.
[[Page 24675]]
10, 92 Stat. 2951 (42 U.S.C. 5851). 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 70.61 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).
15. In Sec. 70.25, the introductory text of paragraph (g) is
revised to read as follows:
Sec. 70.25 Financial assurance and recordkeeping for decommissioning.
* * * * *
(g) 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. If
records important to the decommissioning of a facility are kept for
other purposes, reference to these records and their locations may be
used. Information the Commission considers important to decommissioning
consists of--
* * * * *
16. In Sec. 70.38, paragraph (k)(4) is added to read as follows:
Sec. 70.38 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
* * * * *
(k) * * *
(4) Records required by Sec. 70.51(b)(6) have been received.
17. In Sec. 70.51, footnotes 2 and 3 are re-designated as footnotes
3 and 4, paragraph (b)(6) is revised, and a new paragraph (b)(7) is
added to read as follows:
Sec. 70.51 Material balance, inventory, and records requirements.
* * * * *
(b) * * *
(6) Prior to license termination, licensees shall forward the
following records to the appropriate NRC Regional Office:
(i) Records of disposal of licensed material made under
Sec. 20.2002 (including burials authorized before January 28, 1981
2), 20.2003, 20.2004, 20.2005;
---------------------------------------------------------------------------
\2\ A previous Sec. 20.304 permitted burial of small quantities
of licensed materials in soil before January 28, 1981, without
specific Commission authorization. See Sec. 20.304 contained in the
10 CFR, parts 0 to 199, edition revised as of January 1, 1981.
---------------------------------------------------------------------------
(ii) Records required by Sec. 20.2103(b)(4); and
(iii) Records required by Sec. 70.25(g).
(7) If licensed activities are transferred or assigned in
accordance with Sec. 70.32(a)(3), the licensee shall transfer the
following records to the new licensee and the new licensee will be
responsible for maintaining these records until the license is
terminated:
(i) Records of disposal of licensed material made under
Sec. 20.2002 (including burials authorized before January 28, 1981
\2\), 20.2003, 20.2004, 20.2005;
(ii) Records required by Sec. 20.2103(b)(4); and
(iii) Records required by Sec. 70.25(g).
* * * * *
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
18. The authority citation for Part 72 continues to read as
follows:
Authority: 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, 106 Stat. 3123 (42 U.S.C.
5851); sec. 102 Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); Secs.
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), 117(a), 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. 10198).
19. In Sec. 72.30, the introductory text of paragraph (d) is
revised to read as follows:
Sec. 72.30 Financial assurance and recordkeeping for decommissioning.
* * * * *
(d) 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. If
records important to the decommissioning of a facility are kept for
other purposes, reference to these records and their locations may be
used. Information the Commission considers important to decommissioning
consists of--
* * * * *
20. In Sec. 72.54, paragraph (m)(3) is added to read as follows:
Sec. 72.54 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
* * * * *
(m) * * *
(3) Records required by Sec. 72.80(e) have been received.
21. In Sec. 72.80, paragraphs (e) and (f) are added to read as
follows:
Sec. 72.80 Other records and reports.
* * * * *
(e) Prior to license termination, the licensee shall forward
records required by Secs. 20.2103(b)(4) and 72.30(d) to the appropriate
NRC Regional Office.
(f) If licensed activities are transferred or assigned in
accordance with Sec. 72.44(b)(1), the licensee shall transfer the
records required by Secs. 20.2103(b)(4) and 72.30(d) to the new
licensee and the new licensee will be responsible for maintaining these
records until the license is terminated.
Dated at Rockville, Maryland, this 1st day of February 1996.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-12166 Filed 5-15-96; 8:45 am]
BILLING CODE 7590-01-P
