[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Rules and Regulations]
[Pages 37556-37565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17826]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
RIN 3150-AD36
Import and Export of Radioactive Waste
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to establish specific licensing requirements for the import
and export of radioactive waste and to clarify the requirements for the
import and export of incidental radioactive material coming into or
leaving the United States. The amendments conform the policies of the
United States to the guidelines of the International Atomic Energy
Agency (IAEA) Code of Practice on the International Transboundary
Movement of Radioactive Waste. These amendments strengthen the
Commission's control over radioactive waste entering and leaving the
United States.
EFFECTIVE DATE: August 21, 1995.
ADDRESSES: Copies of comments received are available for public
inspection and copying for a fee at the Commission's Public Document
Room, located at 2120 L Street, NW. (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ronald Hauber, Office of International
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Telephone (301) 415-2344.
SUPPLEMENTARY INFORMATION:
I. Objective and Background
II. Analysis of Public Comments on Proposed Rule
III. Overview of New Rule
I. Objective and Background
Radioactive waste is generated from the nuclear fuel cycle during
the normal operation of nuclear power plants, fuel fabrication plants,
enrichment facilities, uranium mining and milling facilities; the
decommissioning and close out of nuclear facilities (environmental
restoration); and the use of radioactive materials in medicine,
industrial applications, research, and education. The nuclear fuel
cycle is by far the largest source of radioactive waste, with low-level
radioactive waste (LLW) currently accounting for the largest proportion
of waste by volume. The importance of protecting human health and the
environment in radioactive waste management and disposal has long been
recognized by the NRC. This rule helps ensure the safe management and
disposal of radioactive waste by amending the NRC's regulations in 10
CFR Part 110 with respect to radioactive waste entering or leaving the
jurisdiction or control of the United States. The amendment also
clarifies the requirements applicable to shipments of incidental
radioactive material.
This final rule is intended to reflect the principles of the
International Atomic Energy Agency (IAEA) Code of Practice on the
International Transboundary Movement of Radioactive Waste (Code). The
Code was approved in September 1990, with strong U.S. Government
support. The Code resulted from an international effort within the IAEA
to address concerns about possible improper transfer and disposal of
radioactive waste. A set of principles was established to guide
countries in the development and harmonization of policies and laws on
transboundary movements of radioactive waste to ensure its safe
management and disposal. A basic principle of the Code is that
international movements of radioactive waste should take place with the
prior notification and consent of the sending, receiving, and transit
countries. The Code also provides that no receiving country should
permit the receipt of radioactive waste for management or disposal
unless it has the administrative and technical capacity and regulatory
structure to manage and dispose of the waste in a manner consistent
with international safety standards. Before the issuance of this final
rule, NRC's regulations were not consistent with the principles
[[Page 37557]]
embodied in the Code, especially with regard to possible transfers of
LLW. (The Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal expressly excludes from its
coverage ``[w]astes which, as a result of being radioactive, are
subject to other international control systems, including international
instruments, applying specifically to radioactive materials''. Because
the IAEA Code of Practice is an international instrument applying
specifically to radioactive materials, radioactive waste is excluded
from the scope of the Basel Convention.)
Under the Atomic Energy Act of 1954, as amended, NRC has the
statutory responsibility for authorizing the export and import of
byproduct, source, and special nuclear material. The NRC regulates the
import and export of these materials under 10 CFR Part 110. Until now,
NRC's regulations in Part 110 were concerned primarily with exports and
imports that have nuclear proliferation significance. Thus, radioactive
materials that have little or no significance with respect to national
security (proliferation), such as LLW, have not been subject to
specific licensing. Rather, radioactive waste has been allowed to leave
the United States under general export licenses pursuant to
Secs. 110.21-110.23, and to enter the United States under similar Part
110 provisions in Sec. 110.27. (After entry into the United States, the
domestic regulations of the NRC and Agreement States apply.) During the
development of this rulemaking, the NRC, in consultation with other
government agencies, published an advance notice of proposed rulemaking
(ANPR) on February 7, 1990 (55 FR 4181) to seek comments from the
public, industry, and other government agencies on four possible
options and thirteen associated questions for establishing an NRC
policy on radioactive waste exports and imports. The comments received
in response to the ANPR were considered in a proposed rule published in
the Federal Register on April 28, 1992 (57 FR 17859). The comments on
the proposed rule were considered in the development of the
definitions, exceptions, procedures, and licensing criteria of the
final rule.
II. Analysis of Public Comments on Proposed Rule
Seventeen letters of comment were received in response to the
proposed rule from individuals, organizations, industry, and government
agencies. One letter was subsequently withdrawn.
One commenter believed that the NRC should not permit any category
of radioactive waste to be moved into or out of the United States,
except perhaps in a few extraordinary circumstances. Another commenter
urged the NRC to ban all imports and exports of radioactive waste. The
NRC does not agree with these highly restrictive approaches.
International commerce in radioactive waste, including movement of
waste into and out of the United States, may be desirable from a policy
perspective. For example, some commerce involving radioactive waste may
further important policy goals of the international community (such as
waste shipments for international research) and other shipments may
embody desirable take-back features (such as return of U.S. Government
radioactive waste and shipments of used radioactive sources to
authorized consignees).
Other commenters urged the NRC to exempt from specific licensing
controls movements of sealed sources that are being returned to the
U.S. or another country for reconditioning, recycling or reprocessing.
They noted that, while the supplementary information of the proposed
rule incorporated this view, no such provision was expressly provided
in the regulations. The NRC believes that there should be an exclusion
from the definition of ``radioactive waste'' in Part 110 for movements
of sealed sources and devices containing sealed sources to any
qualified manufacturer authorized to receive and possess them. These
types of transfers help to ensure that the materials are handled
responsibly and not left in dispersed and perhaps unregulated locations
around the world, and therefore they should not be subject to specific
licensing if the radioactive material involved would not otherwise be
subject to such licensing. The definition of radioactive waste has been
revised to exclude these shipments.
One commenter expressed the view that export and import of LLW
should be treated no differently from sealed sources and
radiopharmaceuticals, opining that all radioactive materials should be
handled consistently. It is not clear whether this means that the
regulations should apply the same treatment to waste and non-waste
forms of radioactive material, or whether the commenter simply believes
that all types of radioactive waste should be treated identically. The
NRC believes that the former approach would not be consistent with the
view embodied in the Code of Practice that there should be a special
regime for transboundary movements of radioactive waste. The NRC is in
general agreement with the position that most radioactive waste should
be handled consistently, but in some situations there are policy
considerations that militate in favor of a different result. An example
of this is found in the exclusion of certain sealed sources from the
definition of ``radioactive waste'', discussed above. Other exceptions
are discussed elsewhere in the supplementary information.
Several commenters said that NRC's policy on regulation of export
and import of radioactive waste for waste management purposes needs
modification. They opined that import and export for waste management
purposes, as distinct from disposal, should not be subject to specific
licensing under Part 110. One of these commenters, representing
businesses in decommissioning and environmental restoration activities,
said that specific licensing should not be required for volume
reduction, treatment, and resource recovery. Others argued that waste
management practices should be encouraged internationally without
unnecessary restrictions as rising disposal costs make them more
feasible and cost effective, especially when residual LLW will be
returned to the country of origin. In response to these comments, the
NRC has made special provisions for certain shipments intended for
recycling or resource recovery. (See the provisions in the final rule
relating to incidental radioactive material.) However, though the
proposed rule published in 1992 did have an exclusion for return of
radioactive waste to a consignee in the country that previously
exported the radioactive material, after careful consideration of the
comments, the NRC has concluded that a general exemption for waste
going to the country of origin would not ensure conformity with the
Code of Practice. A country that exports radioactive material may not
have adequate means to handle its management or disposal when returned
as radioactive waste. Further, such a broad exemption would leave too
large a regulatory gap, permitting a country of origin to be used as a
way station for waste intended for disposition elsewhere. Thus, this
change also addresses the concerns of commenters who expressed
apprehension that radioactive waste might be exported from the U.S.
under false pretenses.
Three commenters were of the view that specific licenses should not
be required for transboundary movements of what the final rule terms
``incidental radioactive material''--i.e., radioactive material not
otherwise subject to specific licensing under Part 110 that is
contained in or a contaminant of any
[[Page 37558]]
non-hazardous, non-radioactive material that is exported or imported
for recycling or resource recovery of the non-radioactive component.
The Commission agrees that such movements should not require the
issuance of a specific license because, by definition, the immediate
purpose of these shipments is not waste management or disposal of the
radioactive component. The rule helps to ensure the purpose is bona
fide by limiting the use of the term ``incidental radioactive
material'' to situations in which the exported material will not be
processed for separation of the radioactive component before the
recycling or resource recovery occurs or during the resource recovery
process. However, since in these cases the radioactive component of the
material being shipped has, in itself, no foreseeable use, the
Commission believes that some form of regulatory oversight of these
exports is required in order to help ensure that an exporter will not
ship radioactive waste for disposal in another country under the guise
of shipping usable materials for recycling or resource recovery. The
proposed rule was somewhat ambiguous on this point. Therefore, the
final regulations have been clarified in that regard. (The term
``incidental radioactive material'' is applied to the radioactive
component of the exported material, rather than a term identifying the
radioactive component as a form of radioactive waste, because the
Commission believes that this will avoid unnecessary limitations on the
usefulness of the material for recycling or resource recovery.)
Under the rule proposed in 1992, an exporter of material that
contains or is contaminated with radioactive material for which no use
is foreseen was generally required to file an NRC Form 7 before the
export took place and the export required a specific license issued by
the NRC. Under the final rule, an exporter of incidental radioactive
material will still be required to file an NRC Form 7 before the export
takes place (if the total amount of the shipment containing the
incidental radioactive material exceeds 100 kilograms), but the NRC
will not issue a specific license in these cases. Shipments involving
incidental radioactive material will continue to take place under the
general license provisions in Secs. 110.19-110.30. Deliberate
misrepresentations on the form are subject to the same penalties as
apply to falsification of other documents submitted in matters
involving the United States and may subject a person to criminal
sanctions under section 223 of the Atomic Energy Act. To help clarify
the application of the rule in these cases, definitions of ``incidental
radioactive material'' and ``management'' have been added in the final
rule.
Several commenters were concerned that the proposed definition of
``radioactive waste'' was too vague and subjective, possibly leading to
an exporter shipping radioactive waste for disposal in another country
under the guise of shipping usable materials for recycling or resource
recovery. Several other commenters, including one representing
electrical utilities in the United States, criticized the proposed
definition of radioactive waste as differing from the various waste
terms in other parts of NRC's regulations. One said that the definition
had not been sufficiently evaluated by affected parties and that basing
it upon whether ``use is foreseen'' is unprecedented in NRC's
regulations and represents new NRC thinking which could have
implications beyond the amendments to Part 110. The NRC recognizes that
the concept of foreseeable use, introduced by the IAEA Code of
Practice, could cause some confusion. Therefore, in response to these
concerns, the definition of ``radioactive waste'' has been clarified to
provide for usage of the term in a manner that is generally more
consistent with NRC's usage for domestic purposes. As so defined, the
export and import of radioactive waste requires issuance of a specific
license under Part 110.
Generally, the final rule requires the filing of an NRC Form 7 for
export of radioactive waste, as was provided under the proposed rule.
Exports of radioactive waste remain subject to the specific licensing
requirements of Part 110, unless expressly excluded. In addition, an
NRC Form 7 must be filed before the export of incidental radioactive
material (if the total amount of the shipment containing the incidental
radioactive material exceeds 100 kilograms), but in most instances a
specific license will not be required for such an export. Information
required to be reported on NRC Form 7 is listed in 10 CFR 110.32.
Under the final rule, imports of radioactive waste are also subject
to the specific licensing provisions of Part 110. Imports of incidental
radioactive material, however, do not require the filing of any
information with the NRC and remain subject to the general licensing
provisions of Part 110. This is considered sufficient in light of the
extensive domestic regulatory program to which they will be subject
when they enter the United States.
One commenter said the proposed regulation was unclear on NRC's
position on imports and exports of mixed waste (i.e., waste that
consists of hazardous waste and radioactive waste). It is the NRC's
view that with respect to radioactive waste components of mixed waste,
such transboundary movements should be subject to the specific
licensing requirements of Part 110, and the definitions of ``incidental
radioactive material'' and ``radioactive waste'' reflect this position.
Accordingly, the NRC, under the Atomic Energy Act, will license
movements of mixed waste into and out of the United States. The
Environmental Protection Agency (EPA) under the Resource Conservation
and Recovery Act and the NRC under the Atomic Energy Act jointly
regulate exports of mixed waste from the jurisdiction of the United
States. The NRC will consult with the EPA regarding Part 110 license
applications relating to movements of mixed waste. (Domestically, mixed
waste is subject to applicable regulations of the EPA and NRC.) A
sentence has been added to Sec. 110.19 alerting potential shippers to
the fact that an NRC license does not avoid the need to consult with
the EPA regarding the hazardous component of mixed waste.
One commenter stated its view that service tooling used in nuclear
facilities contaminated with radioactive materials is not radioactive
waste as defined in the proposed rule. It was not NRC's intent to
include as radioactive waste exports and imports of contaminated
equipment (including service tools) used in nuclear facilities, if the
equipment is being shipped for use in another such facility and not for
management or disposal. While one could reasonably maintain that this
is not a question of radioactive waste at all, to ensure that the NRC's
intent is free from doubt, the definition of ``radioactive waste'' in
the final rule clarifies this point.
Two commenters expressed concern that the information required on
an application for a specific license did not include the date, time,
and route of transit of the radioactive waste, or a statement of
ultimate disposition of the waste. The NRC believes that at the time of
filing an application for a specific license it may be too early for an
exporter or importer to provide a precise shipping date and time.
However, the approximate date of shipment is required to be stated. In
addition, the NRC has added a requirement for the route of transit
information to be
[[Page 37559]]
provided before the export or import takes place.
One Federal official asked how other Federal agencies would be
notified of an application for a specific license. The Department of
State, as lead Executive Branch agency for the review of nuclear
exports, has agreed to notify other appropriate Federal agencies. For
an import application, the NRC would itself seek the views of
appropriate Federal and State agencies. The NRC recognizes the unique
interest and responsibilities of the States under the Low-level
Radioactive Waste Policy Act for safe management and disposal of LLW.
Therefore, consultation with affected States is appropriate.
One commenter expressed concern that the proposed rule did not
include a provision for informing LLW compacts before issuance of a
specific license for import or export of radioactive waste. Section
110.70(b) has been revised to require that the Commission publish in
the Federal Register a notice of receipt of an application for a
specific license for the export or import of radioactive waste (other
than incidental radioactive material). To promote consideration of LLW
compacts' restrictions on waste disposal, the Commission will exchange
information and views with interested compacts. The NRC also intends to
take other reasonable steps to inform States and LLW compacts of
pending requests for specific licenses for import or export of
radioactive waste, but believes it to be unnecessary to spell this out
in the regulations.
One commenter suggested that the Department of Transportation and
the Customs Service should be able to initiate efforts to determine the
validity of statements made with respect to a particular export or
import. The Commission expects that if the Department of Transportation
or the Customs Service encounters a questionable export, they will seek
assistance from the NRC. The NRC will then work with the Department of
State and other concerned parties in resolving questions raised in such
circumstances.
Another commenter referred, among other things, to the proposed
rule's inconsistency with NRC's below regulatory concern (BRC) policy.
The BRC policy has been withdrawn by the NRC (See 58 FR 44610; August
24, 1993).
One commenter suggested offering the import and export licensing
program to the Agreement States for administration over its licensees.
The NRC disagrees with this suggestion. This transfer would be
inconsistent with Section 274 c. of the Atomic Energy Act, which
specifically provides that no agreement entered into under the
Agreement States program shall provide for discontinuance of any NRC
authority with respect to the export from or import into the United
States of byproduct, source, or special nuclear material. However,
NRC's export and import licensing authority does not diminish any
separate authority vested in States and LLW compacts, by the Atomic
Energy Act or the Low-Level Radioactive Waste Policy Act, in regard to
the licensing, handling, and disposal of radioactive materials within
the United States.
III. Overview of New Rule
The purpose of this rule is to conform NRC's regulations on export
and import of nuclear equipment and material with the principles of the
IAEA Code of Practice on the International Transboundary Movement of
Radioactive Waste. The Code's guidelines state that each individual
country should take the appropriate steps necessary to ensure that the
international transboundary movement of radioactive waste is managed
safely. This rule is designed to serve that purpose.
The final rule requires that a person file an application with the
NRC for a specific license to export or import radioactive waste,
including mixed waste, but distinguishes a separate category of
``incidental radioactive material''. Radioactive waste subject to the
specific licensing requirements of Part 110 may not be exported from or
imported into the United States unless the NRC has granted such a
license. The export and import of incidental radioactive material
(i.e., radioactive material not subject to the specific licensing
controls of Part 110 that is contained in or a contaminant of any non-
hazardous, non-radioactive material that is exported or imported for
recycling or resource recovery) continues to be covered by the general
license provisions of Part 110. However, an exporter must file an NRC
Form 7 before a shipment of incidental radioactive material takes place
if the total amount of the shipment containing the incidental
radioactive material exceeds 100 kilograms. (Use of the 100 kilogram
threshold is consistent with the threshold established in
Sec. 110.27(b). This provision provides that a general license may not
be used for import of source or special nuclear material in the form of
irradiated fuel that exceeds 100 kilograms per shipment.) The final
rule takes into account changes made in Part 110 by the final rule on
Specific Licensing of Exports of Certain Alpha-Emitting Radionuclides
and Byproduct Material, published on September 26, 1994 (59 FR 48994).
The NRC has decided that it is consistent with the IAEA Code of
Practice not to include the following within the definition of
radioactive waste:
(These kinds of shipments will continue to enter or leave the United
States under general or specific license, whichever is applicable under
Part 110 to the nuclear material in question.)
1. Radioactive material in used sealed sources, or devices
containing used sealed sources, being sent to any qualified
manufacturer authorized to receive and possess them. This exclusion
acknowledges that shipment of used sources to a qualified manufacturer
should be handled as expeditiously as possible because these types of
shipments help to ensure that used sources are handled in a safe and
responsible manner.
2. Radioactive material that is a contaminant on equipment
(including service tools) used in nuclear facilities, if the equipment
is being shipped for use in another nuclear facility and is not being
shipped for management or disposal. This exclusion recognizes that
equipment used in nuclear facilities frequently becomes contaminated.
However, this does not prevent the equipment from being used to service
other nuclear facilities instead of being subject to disposal or waste
management.
3. Return of military and other U.S. Government radioactive waste
to the United States when destined for a Federal or military facility
authorized to possess the waste (see Sec. 110.27). This exclusion from
specific licensing was requested by the Department of State.
4. Radioactive waste generated in support of U.S. Government waste
research and development testing programs under international
arrangements. This exclusion recognizes that shipment of the waste is
not for the purpose of disposal or waste management and that the
exclusion will facilitate government-to-government waste research
programs.
In addition incidental radioactive material can continue to enter
or leave the country without specific NRC approval. However, an export
of incidental radioactive material requires the filing of an NRC Form 7
if the total amount of the shipment containing the incidental
radioactive material exceeds 100 kilograms.
In applying for a specific license, applicants for the export or
import of radioactive waste must include the information required by
Secs. 110.31 and
[[Page 37560]]
110.32 of Part 110 for export and import of nuclear equipment and
material. In addition, this final rule also requires the submission of
the following information for the proposed export or import of
radioactive waste: information on the volume and classification of the
waste, the chemical and physical characteristics of the waste, its
routing (including countries to be transited), and its disposition
(including waste management). In the case of proposed imports, the
information provided must include the industrial or other process
responsible for generation of the waste and whether the compact and
host State have agreed to accept the waste. The application must
contain sufficient information to allow NRC to make a determination on
whether a license should be granted. A notice of receipt of each
application for a specific license for export or import of radioactive
waste will be published in the Federal Register.
As is the case with all applications for a specific license for
export of radioactive material, the review of an application for a
specific license for a proposed export of radioactive waste is governed
by whether licensing the proposed export would be inimical to the
common defense and security interests of the United States. The
Commission's review is also governed by whether the receiving country
consents to receipt of the radioactive waste.
It is NRC's policy that the agency normally will not consider
extraterritorial impacts. The latter policy was enunciated by the
Commission in Westinghouse Electric Corporation (Exports to the
Philippines), CLI-80-14, 11 NRC 631 (1980), where (among other things)
the Commission refused to consider the health, safety, and
environmental impacts on Philippine citizens of a proposed reactor
export to the Philippines on the ground that the Commission should not
consider such impacts upon the citizens of another country. (Though
there was some divergence in the reasoning of the judges, the
Commission's decision was upheld in NRDC v. NRC, 647 F.2d 1345 (D.C.
Cir. 1981).) The rationale for the Commission's conclusion was that the
regulation of economic and industrial activities taking place within a
nation's territorial boundaries is a function of the territorial
sovereign.
The IAEA Code of Practice provides in clear terms that a receiving
State should not permit receipt of radioactive waste for management or
disposal unless the receiving country has an appropriate
``administrative and technical capacity and regulatory structure to
manage and dispose of such waste in a manner consistent with
international safety standards.'' In contrast, the Code of Practice is
far from clear when it states that it is the sending State's obligation
to satisfy itself ``in accordance with the receiving State's consent''
that the receiving State is meeting the foregoing requirement. The Code
does not explain the intended meaning of the phrase ``in accordance
with the receiving State's consent,'' and it does not indicate how the
sending State is expected to satisfy itself regarding the receiving
State's capability.
The NRC will expect a receiving State to indicate to the Department
of State, during the process for obtaining the receiving State's
consent, that it has found that it has the administrative and technical
capacity and regulatory structure to manage and dispose of the waste.
At this time, however, the NRC is not prepared to include provisions in
this final rule that would necessitate independent and specific NRC
assessments and findings and an opportunity for adjudication regarding
the adequacy of the receiving State's administrative and technical
capacity and regulatory structure for managing and disposing of the
waste. This decision flows from (1) The ambiguity of the guiding
provision in the IAEA Code, (2) the NRC's longstanding policy of not
considering health, safety and environmental impacts in foreign
countries, (3) the ongoing work--under the aegis of the IAEA--to
develop a Convention on Safety of Radioactive Waste Management, and (4)
Congressional inaction regarding implementation of the Basel Convention
on the Control of Transboundary Movements of Hazardous Wastes and their
disposal. Nevertheless, as indicated in the notice for the proposed
rule, the NRC does not contemplate any circumstances in which a license
would be issued to export radioactive waste to a country without a
regulated waste disposal program. Moreover, the Commission would obtain
the views of the Executive Branch before approving an application for
export of radioactive waste.
Note that this rule does not address on a generic basis the
applicability of the National Environmental Policy Act to Part 110
specific licensing actions. Such applicability (if any) will be
determined on a case-by-case basis. Note also that export licenses and
(with limited exceptions not relevant here) actions related to nuclear
activities are exempt from the requirements of Executive Order 12114
(44 FR 1957; January 4, 1979), Environmental Effects Abroad of Major
Federal Actions.
NRC has exclusive jurisdiction, vis-a-vis the States, for granting
or denying all import licenses. However, in the case of a proposed
import, the NRC recognizes the authority of LLW compacts to decide
whether or not to accept an import of LLW for disposal in the compact
region. The NRC will consult with interested States and LLW compacts
prior to issuing an import license for LLW. The NRC will not grant an
import license for waste intended for disposal unless it is clear that
the waste will be accepted by a disposal facility, host State, and
compact (where applicable). This will be part of the determination
regarding the appropriateness of the facility that has agreed to accept
the waste for management or disposal.
The NRC will consult with the Department of State and other
cognizant Federal agencies regarding proposed exports of radioactive
waste. In addition, in all proposed export and import cases, the NRC
will ask the Department of State to consult with transit countries, as
the Department of State deems appropriate, to obtain any necessary
approvals pursuant to the IAEA Code of Practice.
Following review by the NRC staff, a determination will be made
whether to approve or deny the application for a specific license for
the import or export of radioactive waste. An import or export license
issued by the NRC only authorizes the radioactive waste covered by the
license to enter or exit the United States. This license alone does not
authorize possession of the waste material or guarantee access to a
waste management facility or a disposal site in the United States or
another country.
This rule requires specific licenses for exports and imports of
mixed waste. Mixed waste is waste that consists of both hazardous waste
and radioactive waste. In addition to meeting NRC requirements, mixed
waste must also meet Environmental Protection Agency requirements
applicable to the hazardous component of the waste. The exporter or
importer is responsible for ensuring compliance with those
requirements.
The rule does not cover the export or import of naturally-occurring
radioactive material (other than source material and byproduct material
under section 11 e.(2) of the Atomic Energy Act) and accelerator-
produced radioactive material. Naturally-occurring radioactive material
and accelerator-produced radioactive material lie outside NRC's
regulatory authority and are subject to health and
[[Page 37561]]
safety regulation by the States and other Federal agencies.
The new regulations in Part 110 do not affect existing or future
NRC regulations in other parts of this chapter which may relate to
matters covered by this rule.
The Commission notes that violation of regulations issued under
sections 161b, 161i, or 161o of the Atomic Energy Act of 1954 may
subject a person to criminal sanctions under section 223 of the Atomic
Energy Act. The regulations in Part 110 that are not issued under
Secs. 161b, 161i, or 161o of the Atomic Energy Act of 1954 for the
purposes of section 223 of the Act are listed in Sec. 110.67 of Part
110, as amended by this final rule. The following regulations amended
by this final rule are not listed in Sec. 110.67: Secs. 110.19, 110.20,
110.21, 110.22, 110.23, and 110.27. Violation of these sections may
subject a person to criminal sanctions under section 223 of the Atomic
Energy Act.
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)(1). Therefore
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule amends information collection requirements subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These
paperwork requirements were approved by the Office of Management and
Budget, approval numbers 3150-0036 and 3150-0027.
The public reporting burden for this collection of information is
estimated to average 20 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 regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to the Information and Records
Management Branch (T-6F33), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; and to the Desk Officer, Office of
Information and Regulatory Affairs, NEOB-10202, (3150-0036 and 3150-
0027), Office of Management and Budget, Washington, DC 20503.
Regulatory Analysis
NRC regulations provide strong regulatory control over the export
of strategic nuclear material from a national security
(nonproliferation) standpoint, but they have traditionally provided
much less control over non-strategic materials. Many non-strategic
imports and exports qualify for general licenses without specific
review or approval by the NRC. (Domestic regulations in the United
States and abroad, and international transportation regulations, have
provided the primary regulatory controls for health and safety and
environmental protection purposes.) In recent years, national and
worldwide concerns about radioactive waste disposal practices have
brought attention to the limited focus of the NRC's import and export
regulations and the fact that certain types and quantities of
radioactive materials, including LLW, may be imported or exported
without specific authorization by the NRC and without NRC's knowledge.
The IAEA Code of Practice on the International Transboundary
Movement of Radioactive Waste, which was approved by the IAEA General
Conference in 1990 with strong U.S. Government support, provides that
international shipments of radioactive wastes should take place only
with the prior notification and consent of the sending, receiving and
transit countries. The Code also provides that no receiving country
should permit the receipt of radioactive waste for management or
disposal unless it has the administrative and technical capacity and
regulatory structure to manage and dispose of such waste in a manner
consistent with international safety standards. This final rule is
intended to conform U.S. regulations with these international
guidelines. The final rule amends the Part 110 general license
provisions applicable to the export and import of special nuclear,
source, and byproduct materials to state specifically that general
licenses do not provide authority to import or export radioactive
waste, as defined by Part 110. Instead, persons desiring to import or
export radioactive waste may do so only upon issuance of a specific
license by the NRC. Persons desiring to export incidental radioactive
material (i.e., radioactive material not otherwise subject to specific
licensing under Part 110 that is contained in or a contaminant of any
non-hazardous, non-radioactive material that is exported or imported
for recycling or resource recovery of the non-radioactive component)
are required to file an NRC Form 7 if the total amount of the shipment
containing the incidental radioactive material exceeds 100 kilograms,
thus providing information about the proposed export, but the NRC will
not issue a specific license for such exports. Instead, the material
may continue to be shipped under general license. Imports of incidental
radioactive material continue to be subject to general licensing under
Part 110, but they do not require any filing of information with the
NRC under Part 110.
The rule impacts persons interested in exporting radioactive waste
from, or importing radioactive waste into, the United States, and those
exporting or importing incidental radioactive material (i.e.,
radioactive material not subject to specific licensing under Part 110
combined with non-hazardous, non-radioactive material exported or
imported for recycling or resource recovery). The rule is necessary to
satisfy the U.S. Government's commitment to the Code of Practice. There
are no alternatives other than rulemaking for achieving the stated
objective. (Alternatives to the changes made by this final rule were
discussed in the ANPR published in February 1990 and the proposed rule
published in April 1992.) We expect that there will be few exports and
imports per year that will be covered by the new requirements
established by the rule. (There should actually be little, if any,
effect on those importing incidental radioactive material.) The agency
also believes that, outside of having to pay a licensing fee, this
regulation will have a minimal impact on the affected exporters and
importers, since they should have ready access to most of the
information required to be submitted to the NRC.
The NRC has considered the resource implications for the agency in
developing this final rule, and based on analogous NRC experience under
Part 110, it is estimated that a typical waste export or import
licensing case resulting from this final rule will require 40 to 50 NRC
staff hours for review and processing. It is estimated that the cost
associated with such review and processing will, on the average, be
approximately $5,000 per case, though a few cases (particularly the
first license applications received) may cost as much as $10,000. The
total annual cost to the NRC is expected to be approximately $50,000,
which would be offset by the collection of application fees.
To the NRC's knowledge, there is no appreciable U.S. import or
export traffic in radioactive waste. A possible exception is the widely
accepted
[[Page 37562]]
practice of returning depleted sealed radioactive sources to a
manufacturer for recycle or disposal. This practice is generally
encouraged by governmental authorities as a way of helping to ensure
that the items are handled in a responsible manner at the end of their
useful life. For this reason such shipments are excluded from the
definition of ``radioactive waste'' in the final rule.
The changes made by this rule could affect waste management
companies interested in importing radioactive waste from other
countries because the imports will now require specific import licenses
from the NRC, and an individual import of this type may not satisfy the
licensing criteria. However, it is not clear whether this licensing
requirement imposes any more difficult obstacles to a prospective waste
importer than does the authority given LLW compacts to block shipments
of such waste into their respective jurisdictions. (Note that the
function of new Sec. 110.43, which sets forth import licensing
criteria, is primarily to bring together criteria stated in other
sections of Part 110. That the host State and compact do not object to
the importation of the waste will be part of the determination
regarding the appropriateness of the facility that has agreed to accept
the waste for management purposes or disposal.)
The final rule focuses greater attention on shipments of
radioactive waste from or into the United States. This is consistent
with the intent of the recommendations of the Code of Practice. The
rule effectively excludes from the new requirements for specific
licensing export and import of sealed sources, and devices containing
sealed sources, to manufacturers qualified to receive and possess them;
export and import of contaminated service equipment used in nuclear
facilities, if the service equipment is being shipped for use in
another nuclear facility and not for management purposes or disposal;
and import of government waste returning to the United States. These
exclusions from the specific licensing requirements for export and
import of radioactive waste, the limited nature of the requirement for
export of incidental radioactive material (confined to filing of NRC
Form 7), and the absence of any new requirement with respect to import
of incidental radioactive material, help to minimize the impact of the
rule on commercial activities in the United States. Persons applying
for a specific license will be subject to license application fees,
which are currently under $10,000 per license. (Fees for licensing
services rendered by the NRC pursuant to 10 CFR Part 110 are covered in
10 CFR Part 170.) We do not expect that an annual fee will be assessed
because we do not foresee that any significant NRC inspection or
enforcement activities will result from this final rule.
Overall, the NRC believes that requiring specific licensing of
radioactive waste coming into or leaving the United States for
management purposes or disposal is a sound regulatory approach to help
ensure that such shipments are subject to U.S. Government approval and
the consent of other involved parties. Filing of an NRC Form 7 before
export of incidental radioactive material (if the total amount of the
shipment containing the incidental radioactive material exceeds 100
kilograms) will help ensure that the regulatory program is effective.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule does not have a
significant economic impact on a substantial number of small entities.
This rule establishes specific licensing requirements on the import and
export of radioactive waste coming into or leaving the United States,
pursuant to which certain information must be filed with the NRC. It
also clarifies the application of these requirements with respect to
the import and export of incidental radioactive material. The
additional burden for the collection of this information is estimated
to average 20 hours per response, which will increase the cost of the
shipment only by a minimal amount. In all, the amendments to Part 110
are expected to result in fewer than ten new export and import licenses
per year.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this final rule and, therefore, a backfit analysis is not
required because these amendments do not involve any provision which
would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects in 10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Export, Import, Intergovernmental relations,
Nuclear materials, Nuclear power plants and reactors, Reporting and
recordkeeping requirements, Scientific equipment.
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 Part 110.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
1. The authority citation for part 110 continues to read as
follows:
Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104,
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat.
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112,
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237,
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 5,
Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243).
Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub.L.
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d,
88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under
sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under
sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued
under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section
110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236).
Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554.
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections
110.2 and 110.42(a) (9) also issued under sec. 903, Pub.L. 102-496
(42 U.S.C. 2151 et seq.).
2. Section 110.2 is amended by adding the terms disposal,
incidental radioactive material, management, radioactive material,
radioactive waste, storage, and treatment to read as follows:
Sec. 110.2 Definitions.
* * * * *
Disposal means permanent isolation of radioactive material from the
surrounding environment.
* * * * *
Incidental radioactive material means any radioactive material not
otherwise subject to specific licensing under this part that is
contained in or a contaminant of any non-radioactive material that:
(1) For purposes unrelated to the regulations in this part, is
exported or imported for recycling or resource recovery of the non-
radioactive component; and
(2) Will not be processed for separation of the radioactive
component before the recycling or resource recovery occurs or as part
of the resource recovery process.
The term does not include material that contains or is contaminated
with ``hazardous waste'' as defined in section
[[Page 37563]]
1004(5) of the Solid Waste Disposal Act, 42 U.S.C. 6903(5).
* * * * *
Management means storage, packaging, or treatment of radioactive
waste.
* * * * *
Radioactive material means source, byproduct, or special nuclear
material.
Radioactive waste means any waste that contains or is contaminated
with source, byproduct, or special nuclear material, including any such
waste that contains or is contaminated with ``hazardous waste'' as
defined in section 1004(5) of the Solid Waste Disposal Act, 42 U.S.C.
6903(5), but such term does not include radioactive material that is--
(1) Contained in a sealed source, or device containing a sealed
source, that is being returned to any manufacturer qualified to receive
and possess the sealed source or the device containing a sealed source;
(2) A contaminant on service equipment (including service tools)
used in nuclear facilities, if the service equipment is being shipped
for use in another nuclear facility and not for waste management
purposes or disposal; or
(3) Generated or used in a United States Government waste research
and development testing program under international arrangements.
* * * * *
Storage means the temporary holding of radioactive material.
* * * * *
Treatment means any method, technique, or process, including
storage for radioactive decay, designed to change the physical,
chemical or biological characteristics or composition of any
radioactive material.
* * * * *
3. Section 110.19 is revised to read as follows:
Sec. 110.19 Types of licenses.
(a) Licenses for the export and import of nuclear equipment and
material in this part consist of two types: General licenses and
Specific licenses. Except as provided in paragraph (b) of this section,
a general license is effective without the filing of an application
with the Commission or the issuance of licensing documents to a
particular person. A specific license is issued to a named person and
is effective upon approval by the Commission of an application filed
pursuant to the regulations in this part and issuance of licensing
documents to the applicant. Issuance of a specific or general license
under this part does not relieve a person from complying with
applicable regulations of the Environmental Protection Agency for any
export or import that contains or is contaminated with hazardous waste.
(b) A person using a general license under this part as authority
to export incidental radioactive material that is contained in or a
contaminant of a shipment that exceeds 100 kilograms in total weight
shall file a completed NRC Form 7 before the export takes place.
4. In Sec. 110.20, paragraph (a) is revised to read as follows:
Sec. 110.20 General license information.
(a) A person may use an NRC general license as authority to export
or import nuclear equipment or material (including incidental
radioactive material), if the nuclear equipment or material to be
exported or imported is covered by the NRC general licenses described
in Secs. 110.21 through 110.30.
(1) A person using a general license under this part as authority
to export incidental radioactive material that is contained in or a
contaminant of a shipment that exceeds 100 kilograms in total weight
shall file a completed NRC Form 7 before the export takes place.
(2) If an export or import is not covered by the NRC general
licenses described in Secs. 110.21 through 110.30, a person must file
an application with the Commission for a specific license in accordance
with Secs. 110.31 through 110.32.
* * * * *
5. Section 110.21 is amended by revising the introductory texts of
paragraphs (a) and (b), revising paragraph (c), and adding new
paragraphs (d) and (e) to read as follows:
Sec. 110.21 General license for the export of special nuclear
material.
(a) Except as provided in paragraph (d) of this section, a general
license is issued to any person to export the following to any country
not listed in Sec. 110.28:
* * * * *
(b) Except as provided in paragraph (d) of this section, a general
license is issued to any person to export the following to any country
not listed in Sec. 110.28 or Sec. 110.29:
* * * * *
(c) Except as provided in paragraph (d) of this section, a general
license is issued to any person to export Pu-236 or Pu-238 to any
country listed in Sec. 110.30 in individual shipments of 1 gram or
less, not to exceed 100 grams per year to any one country.
(d) The general licenses in paragraphs (a), (b), and (c) of this
section do not authorize the export of special nuclear material in
radioactive waste.
(e) Persons using the general licenses in paragraphs (a), (b), and
(c) of this section as authority to export special nuclear material as
incidental radioactive material shall file a completed NRC Form 7
before the export takes place if the total weight of the shipment
exceeds 100 kilograms.
6. Section 110.22 is amended by revising the introductory text of
paragraph (a), revising paragraphs (b), (c), and (d), and adding new
paragraphs (e) and (f) to read as follows:
Sec. 110.22 General license for the export of source material.
(a) Except as provided in paragraph (e) of this section, a general
license is issued to any person to export the following to any country
not listed in Sec. 110.28:
* * * * *
(b) Except as provided in paragraph (e) of this section, a general
license is issued to any person to export uranium or thorium, other
than U-230, U-232, Th-227, or Th-228, in individual shipments of 10
kilograms or less to any country not listed in Sec. 110.28 or
Sec. 110.29, not to exceed 1,000 kilograms per year to any one country
or 500 kilograms per year to any one country when the uranium or
thorium is of Canadian origin.
(c) Except as provided in paragraph (e) of this section, a general
license is issued to any person to export uranium or thorium, other
than U-230, U-232, Th-227, or Th-228, in individual shipments of 1
kilogram or less to any country not listed in Sec. 110.29, not to
exceed 100 kilograms per year to any one country.
(d) Except as provided in paragraph (e) of this section, a general
license is issued to any person to export U-230, U-232, Th-227, or Th-
228 in individual shipments of 10 kilograms or less to any country
listed in Sec. 110.30, not to exceed 1,000 kilograms per year to any
one country or 500 kilograms per year to any one country when the
uranium or thorium is of Canadian origin.
(e) Paragraphs (a), (b), (c), and (d) of this section do not
authorize the export under general license of source material in
radioactive waste.
(f) Persons using the general licenses in paragraphs (a), (b), (c),
and (d) of this section as authority to export source material as
incidental radioactive material shall file a completed NRC Form 7
before the export takes place if the total weight of the shipment
exceeds 100 kilograms.
7. Section 110.23 is amended by revising the introductory text of
[[Page 37564]]
paragraph (a), revising paragraphs (b) and (c), and adding new
paragraphs (d) and (e) to read as follows:
Sec. 110.23 General license for the export of byproduct material.
(a) Except as provided in paragraph (d) of this section, a general
license is issued to any person to export the following to any country
not listed in Sec. 110.28:
* * * * *
(b) Except as provided in paragraph (d) of this section, a general
license is issued to any person to export to the countries listed in
Sec. 110.30 tritium in any dispersed form (e.g., luminescent light
sources and paint, accelerator targets, calibration standards, labeled
compounds) in quantities of 40 curies (4.12 milligrams) or less per
item, not to exceed 1,000 curies (103 milligrams) per shipment or
10,000 curies (1.03 grams) per year to any one country. This general
license does not authorize exports for tritium recovery or recycling
purposes.
(c) Except as provided in paragraph (d) of this section, a general
license is issued to any person to export to the countries listed in
Sec. 110.30 actinium-225, actinium-227, californium-248, californium-
250, californium-252, curium-240, curium-241, curium-242, curium-243,
curium-244, einsteinium-252, einsteinium-253, einsteinium-254,
einsteinium-255, fermium-257, gadolinium-148, mendelevium-258,
polonium-208, polonium-209, polonium-210, and radium-223, except that
polonium-210 when contained in static eliminators must not exceed 100
curies (22 grams) per individual shipment.
(d) Paragraphs (a), (b), and (c) of this section do not authorize
the export under general license of byproduct material in radioactive
waste.
(e) Persons using the general licenses in paragraphs (a), (b), and
(c) of this section as authority to export byproduct material as
incidental radioactive material shall file a completed NRC Form 7
before the export takes place if the total weight of the shipment
exceeds 100 kilograms.
8. Section 110.27 is amended by revising the introductory text of
paragraph (a), redesignating paragraph (c) as paragraph (d), and adding
a new paragraph (c) to read as follows:
Sec. 110.27 General license for imports.
(a) Except as provided in paragraphs (b) and (c) of this section, a
general license is issued to any person to import byproduct, source, or
special nuclear material if the consignee is authorized to possess the
material under:
* * * * *
(c) Paragraph (a) of this section does not authorize the import
under general license of radioactive waste, other than radioactive
waste that is being returned to a United States Government or military
facility in the United States which is authorized to possess the
material.
* * * * *
9. Section 110.32 is amended by revising the heading, redesignating
paragraph (f)(5) as (f)(7), and adding new paragraphs (f)(5) and (f)(6)
to read as follows:
Sec. 110.32 Information required in an application for a specific
license/NRC Form 7.
* * * * *
(f) * * *
(5) For proposed exports or imports of radioactive waste, and for
proposed exports of incidental radioactive material--the volume,
classification (as defined in Sec. 61.55 of this chapter), physical and
chemical characteristics, route of transit of shipment, and ultimate
disposition (including forms of management) of the waste.
(6) For proposed imports of radioactive waste--the industrial or
other process responsible for generation of the waste, and the status
of the arrangements for disposition, e.g., any agreement by a low-level
waste compact or State to accept the material for management purposes
or disposal.
* * * * *
10. In Sec. 110.40, paragraph (a) is revised to read as follows:
Sec. 110.40 Commission review.
(a) Immediately after receipt of a license application for an
export or import requiring a specific license under this part, the
Commission will initiate its licensing review and, to the maximum
extent feasible, will expeditiously process the application
concurrently with any applicable review by the Executive Branch.
* * * * *
11. Section 110.41 is amended by redesignating paragraphs (a)(7)
and (a)(8) as paragraphs (a)(8) and (a)(9) and adding a new paragraph
(a)(7) to read as follows:
Sec. 110.41 Executive Branch review.
(a) * * *
(7) An export involving radioactive waste.
* * * * *
12. Section 110.42 is amended by revising the introductory text of
paragraph (a) and paragraphs (a)(3) and (c) and adding a new paragraph
(d) to read as follows:
Sec. 110.42 Export licensing criteria.
(a) The review of license applications for export for peaceful
nuclear uses of production or utilization facilities 1 or for
export for peaceful nuclear uses of special nuclear or source material
requiring a specific license under this part is governed by the
following criteria:
\1\ Exports of nuclear reactors, reactor pressure vessels,
reactor primary coolant pumps, ``on-line'' reactor fuel charging and
discharging machines, and complete reactor control rod systems, as
specified in paragraphs (1) through (4) of appendix A to this part,
are subject to the export licensing criteria in Sec. 110.42(a).
Exports of nuclear reactor components, as specified in paragraphs
(5) through (9) of appendix A to this part, when exported separately
from the items described in paragraphs (1) through (4) of appendix A
of this part, are subject to the export licensing criteria in
Sec. 110.42(b).
---------------------------------------------------------------------------
* * * * *
(3) Adequate physical security measures will be maintained with
respect to such material or facilities proposed to be exported and to
any special nuclear material used in or produced through the use
thereof. Physical security measures will be deemed adequate if such
measures provide a level of protection equivalent to that set forth in
Sec. 110.44.
* * * * *
(c) Except where paragraph (d) is applicable, the review of license
applications for export of byproduct material or for export of source
material for non-nuclear end uses requiring a specific license under
this part is governed by the criterion that the proposed export is not
inimical to the common defense and security.
(d) The review of license applications for the export of
radioactive waste requiring a specific license under this part is
governed by the following criteria:
(1) The proposed export is not inimical to the common defense and
security.
(2) The receiving country, after being advised of the information
required by Sec. 110.32(f)(5), finds that it has the administrative and
technical capacity and regulatory structure to manage and dispose of
the waste and consents to the receipt of the radioactive waste. In the
case of radioactive waste containing a nuclear material to which
paragraph (a) or (b) of this section is applicable, the criteria in
this paragraph (d) shall be in addition to the criteria provided in
paragraph (a) or (b) of this section.
[[Page 37565]]
Secs. 110.43, 110.44, and 110.45 [Redesignated]
13. Sections 110.43, 110.44, and 110.45 are redesignated as
Secs. 110.44, 110.45, and 110.46.
14. A new Sec. 110.43 is added to read as follows:
Sec. 110.43 Import licensing criteria.
The review of license applications for imports requiring a specific
license under this part is governed by the following criteria:
(a) The proposed import is not inimical to the common defense and
security.
(b) The proposed import does not constitute an unreasonable risk to
the public health and safety.
(c) Any applicable requirements of subpart A of part 51 of this
chapter are satisfied.
(d) With respect to the import of radioactive waste, an appropriate
facility has agreed to accept the waste for management or disposal.
15. Section 110.45 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 110.45 Issuance or denial of licenses.
* * * * *
(b) The Commission will issue an import license if it finds that:
(1) The proposed import will not be inimical to the common defense
and security;
(2) The proposed import will not constitute an unreasonable risk to
the public health and safety;
(3) The requirements of subpart A of part 51 of this chapter (to
the extent applicable to the proposed import) have been satisfied; and
(4) With respect to a proposed import of radioactive waste, an
appropriate facility has agreed to accept the waste for management or
disposal.
(c) If, after receiving the Executive Branch judgement that the
issuance of a proposed export license will not be inimical to the
common defense and security, the Commission does not issue the proposed
license on a timely basis because it is unable to make the statutory
determinations required under the Atomic Energy Act, the Commission
will publicly issue a decision to that effect and will submit the
license application to the President. The Commission's decision will
include an explanation of the basis for the decision and any dissenting
or separate views. The provisions in this paragraph do not apply to
Commission decisions regarding license applications for the export of
byproduct material or radioactive waste requiring a specific license.
* * * * *
16. In Sec. 110.67, paragraph (b) is revised to read as follows:
Sec. 110.67 Criminal Penalties.
* * * * *
(b) The regulations in part 110 that are not issued under sections
161b, 161i, or 161o for the purposes of section 223 are as follows:
Secs. 110.1, 110.2, 110.3, 110.4, 110.7, 110.10, 110.11, 110.30,
110.31, 110.32, 110.40, 110.41, 110.42, 110.43, 110.44, 110.45, 110.46,
110.51, 110.52, 110.60, 110.61, 110.62, 110.63, 110.64, 110.65, 110.66,
110.67, 110.70, 110.71, 110.72, 110.73, 110.80, 110.81, 110.82, 110.83,
110.84, 110.85, 110.86, 110.87, 110.88, 110.89, 110.90, 110.91,
110.100, 110.101, 110.102, 110.103, 110.104, 110.105, 110.106, 110.107,
110.108, 110.109, 110.110, 110.111, 110.112, 110.113, 110.120, 110.122,
110.124, 110.130, 110.131, 110.132, 110.133, 110.134, and 110.135.
17. Section 110.70 is amended by revising paragraph (a), adding a
new paragraph (b)(4), redesignating paragraph (c) as paragraph (d), and
adding a new paragraph (c) to read as follows:
Sec. 110.70 Public notice of receipt of an application.
(a) The Commission will notice the receipt of each license
application for an export or import for which a specific license is
required by placing a copy in the Public Document Room.
(b) * * *
(4) Radioactive waste.
(c) The Commission will also publish in the Federal Register a
notice of receipt of a license application for an import of radioactive
waste for which a specific license is required.
* * * * *
18. Section 110.72 is amended by revising the introductory text to
read as follows:
Sec. 110.72 Availability of documents in the Public Document Room.
Unless exempt from disclosure under part 9 of this chapter, the
following documents pertaining to each license and license application
for an import or export requiring a specific license under this Part
will be made available in the Public Document Room:
* * * * *
19. Section 110.82(a) is revised to read as follows:
Sec. 110.82 Hearing request or intervention petition.
(a) A person may request a hearing or petition for leave to
intervene on a license application for an import or export requiring a
specific license.
* * * * *
Dated in Rockville, Maryland, this 14th day of July, 1995.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 95-17826 Filed 7-20-95; 8:45 am]
BILLING CODE 7590-01-P
