[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17206]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 30, 40, 70, and 72
RIN 3150-AD85
Timeliness in Decommissioning of Materials Facilities
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to require timely decontamination and decommissioning by
nuclear material licensees. These amendments establish specific time
periods for decommissioning unused portions of operating nuclear
materials facilities and for decommissioning the entire site upon
termination of operations. The rule is intended to reduce the potential
risk to public health and the environment from radioactive material
remaining for long periods of time at such facilities after licensed
activities have ceased.
EFFECTIVE DATE: August 15, 1994.
FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555, telephone (301) 415-6230.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background.
II. Need for a rule.
III. Summary of requirements and the resolution of comments on the
requirements.
IV. Other issues.
V. Enforcement.
VI. Agreement state compatibility.
VII. Implementation.
VIII. Finding of no significant environmental impact: Availability.
IX. Paperwork reduction act statement.
X. Regulatory analysis.
XI. Regulatory flexibility certification.
XII. Backfit analysis.
I. Background
In 1990, the NRC implemented the Site Decommissioning Management
Plan (SDMP) to identify and resolve issues associated with the timely
cleanup of a number of sites where buildings, soil, and ground water
are contaminated. The SDMP contaminated sites are symptomatic of the
need for definitive NRC regulations that specify acceptable time
periods for decommissioning nuclear material facilities when licensed
activities have ceased.
When decommissioning is delayed for long periods following
cessation of operations, there is a risk that safety practices may
become lax as key personnel relocate and management interest wanes. In
addition, bankruptcy, corporate takeover, or other unforeseen changes
in the company's financial status may complicate and perhaps further
delay decommissioning.
The NRC published a proposed rule addressing timeliness of
decommissioning for public comment in the Federal Register on January
13, 1993, (58 FR 4099). The public comment period for the proposed rule
expired on March 29, 1993. The NRC is issuing this final rule to
establish timeliness criteria for decommissioning nuclear materials
facilities to avoid future problems resulting from delayed actions on
the cleanup of contaminated inactive facilities and to avoid the
occurrence of difficulties associated with a case-by-case approach to
requiring timely decontamination and decommissioning.
II. Need for a Rule
The lack of definitive criteria as to when licensees should
commence and complete decommissioning their facilities has resulted in
instances where the NRC has had to issue orders to establish schedules
for timely decommissioning. Because timeliness in decommissioning is a
generic issue, the NRC is amending its regulations to clearly delineate
the licensee's responsibility for timely decommissioning.
In developing details of these requirements, the NRC considered
whether to impose them on all licensees, or to limit the requirements
only to those licensees who, because of the size of their operations,
had greater potential for needing significant cleanup before their
sites could be fully decommissioned; i.e., those licensees covered by
the financial assurance requirements for decommissioning in 10 CFR
30.35, 40.36, 70.25, and 72.30. Because the regulatory problems in
delaying decommissioning apply to all licensees, regardless of size,
the NRC has determined that the provisions of the rule should apply to
all 10 CFR Parts 30, 40, 70, and 72 licensees.
Under existing regulations in, Sec. 72.42(b), ISFSI and MRS
licensees are required to file applications for renewal of their
licenses at least 2 years prior to expiration of the existing license.
This final rule requires licensees to notify the NRC (at least 2 years
prior to license expiration) if an application for renewal will not be
filed. The notification requirement, coupled with the 12-month time
period for preparation of the final decommissioning plan, is equivalent
to the current requirement in Sec. 72.54(a) for submittal of a plan 1
year before expiration of the license. This requirement also has the
effect of clearly documenting the licensee's decision on the future of
the site 2 years before license termination.
This final rule does not define radiological criteria for release
for unrestricted use, but states that licenses will be terminated in
accordance with NRC requirements. The NRC is in the process of
establishing these levels in an enhanced participatory rulemaking that
will be noticed in the Federal Register. Pending promulgation of the
new radiological criteria, licensees are expected to comply with
current criteria and practices as described in the NRC Action Plan
Ensuring Timely Decommissioning of SDMP Sites (57 FR 13389; April 16,
1992). Further information on acceptable criteria may be obtained
through the NRC regional or headquarters offices. Once the radiological
criteria are finalized, licenses would be terminated in accordance with
those criteria.
The final rule also clarifies requirements for radiological surveys
performed as part of the license termination process. This rule
clarifies that licensees need only submit the final survey showing that
the site or area is suitable for release in accordance with NRC
requirements after decommissioning has been completed. Some licensees
have questioned whether existing requirements may be construed to
require two surveys. In order to adequately review and approve a
decommissioning plan the NRC must be aware of the conditions at the
site. Therefore, a new item was included in the proposed rule that
added to the contents of a proposed decommissioning plan a description
of the conditions of the site or separate building or outdoor area
sufficient to evaluate the acceptability of the plan. This description
may be a preliminary radiation survey or other type of documentation
which characterizes the conditions of the site. No comments were
received on this item in the proposed rule.
III. Summary of Requirements and Discussion of Comments
Seventeen comment letters were received on the proposed rule. Nine
letters were received from licensees, three from public interest
groups, four from industry organizations, and one from a State
government. All of the comments were considered with respect to
possible revision of the proposed rule. This discussion summarizes the
major requirements in the regulation by section and discusses the
significant issues raised by public comment and how they were resolved.
The bases and origins of the requirements are also explained. Copies of
the public comments received on the proposed rule are available for
inspection and copying for a fee at the NRC Public Document Room, 2120
L Street, N.W. (Lower Level), Washington, D.C. 20036.
Sections 30.4, 40.4, 70.4, and 72.3--Definitions
These sections define terms that are used in the amended Parts 30,
40, 70 and 72. Of particular relevance to this rulemaking is the
definition of principal activities. The final rule defines principal
activities as those activities that are essential to achieving the
purpose for which the license was issued or amended. Principal
activities are commonly listed or described in the license under the
Authorized Use heading. Principal activities are defined in the
regulation to prevent licensees from avoiding end-of-use
decommissioning. For example, a licensee could not store licensed
radioactive material in an otherwise unused building to avoid end-of-
use decommissioning. Storage of licensed material is not a principal
activity unless it is specifically authorized for waste (such as
greater than class C) that cannot currently be accepted at available
disposal facilities, or it is the primary purpose for which the license
was issued (such as, spent fuel storage in an ISFSI).
Some commenters suggested that definitions for the terms ``uranium
recovery facility'' and ``characterization of the site'' be added to
the proposed rule. The NRC did not adopt these suggestions with this
rulemaking. First, the term ``uranium recovery facility'' does not
appear in this rule; hence no definition is needed. Second, whether
there is a need to define ``site characterization'' is better
determined by the nature of the criteria for decommissioning and will
be addressed upon completion of that rulemaking.
Sections 30.36(a)-(c), 40.42 (a)-(c), 70.38(a)-(c) and 72.54(a)-(c)
These sections of the regulations address license termination,
expiration, revocation, denial of renewal, and their relationship to
each other. A license ``expires'' when: (1) the expiration date stated
in the license is reached [unless the licensee has appropriately filed
for renewal], (2) the NRC revokes the license, or (3) the NRC formally
denies an application to renew the license. ``Expiration'' of a
license, whether voluntary or involuntary, refers to the end of a
licensee's authorization to perform activities licensed under the
Atomic Energy Act of 1954, as amended, with the exception of a
licensee's continuing authorization to perform licensed activities
incident to and necessary for site decontamination and decommissioning.
Licensees with expired licenses must then decommission pursuant to the
time limits and other requirements stated in the regulations. The final
rule makes clear that the decommissioning and timeliness criteria apply
to all licensees for whom the authorization to perform licensed
activities has expired, regardless of whether the expiration was
voluntary or involuntary. When the NRC has determined that
decommissioning has been completed in a satisfactory manner, the NRC
will relieve the licensee of license obligations by terminating the
license. All licenses remain in effect until formally terminated by the
NRC. One commenter suggested revising the language to clarify that
licensees were not required to control access to areas within their
facility once they are decontaminated. The language in the final rule
was revised to state that licensees were required to control access to
restricted areas until they were suitable for release in accordance
with NRC requirements.
Sections 30.36(d), 40.42(d), 70.38(d), and 72.54(d)--Submittal of
Decommissioning Plan (if Required) Within 12 Months of Notification
The final rule establishes specific requirements for: (1) timely
decommissioning of the entire site at the end of all licensed activity
at the site, thereby allowing license termination and release of the
site in accordance with NRC requirements (i.e., ``end-of-license''
decommissioning); and (2) timely decommissioning of separate buildings
and outdoor areas where licensed activities have ceased while licensed
activities continue to be conducted at other site locations (i.e.,
``end-of-use'' decommissioning). Licenses will be amended to exclude
decommissioned buildings or outdoor areas as authorized places of use
following satisfactory completion of end-of-use decommissioning.
The final rule requires licensees to submit notification of the
existence of inactive buildings or outdoor areas but does not require
them to provide notification of the existence of inactive parts of
buildings, such as rooms or laboratories. To include parts of buildings
in the regulation was seen as a cumbersome regulatory requirement both
for licensees and the NRC without sufficient resultant benefit. In
addition to notification, licensees will be required to initiate
decommissioning, or submit a decommissioning plan for NRC approval
within 12 months of the notification.
A commenter noted that the 12-month period allowed by the proposed
rule for submittal of a decommissioning plan fails to recognize the
scope of work necessary to characterize a site prior to preparing a
plan. This commenter suggested that consistent with other licensing
actions, scheduling commitments should be developed on a site-specific
basis. A second commenter also felt that the 12-month period was
unrealistic because of the need to obtain other agency approvals and
those agencies are not subject to NRC schedules or under the licensee's
control. This commenter suggested that, rather than requiring that a
decommissioning plan be submitted within 12 months, the rule should
require submission of a proposed schedule taking into account the
requirements of other affected regulatory bodies.
The NRC did not extend the 12-month period for submittal of a
decommissioning plan. The NRC notes that flexibility has been included
in the final rule. The NRC may approve alternate schedules as indicated
in Secs. 30.36(f)(2), 40.42(f)(2), 70.38(f)(2) and 72.52(e)(2). The
final rule requires the decommissioning plan to be submitted within 12
months from:
(1) The notification of license expiration,
(2) A decision by the licensee to permanently cease ``principal
activities,'' or
(3) When there are no ``principal activities'' for 24 months.
Sections 30.36(d) (2), (3), and (4), 40.42(d) (2), (3), and (4), 70.38
(d) (2), (3), and (4), 72.54(d) (2) and (3)--Notification of Inactivity
for 24 Months and Begin Decommissioning or Submit Plan, as Appropriate.
Sixteen of the 17 commenters foresaw major difficulties with having
to begin decommissioning within 24 months of inactivity. They stated
that it may not be in the licensee's best interest to decommission
unattached buildings because of the additional manpower involved and
that future business that would require use of the buildings may be
unknown.
The time required for completing decommissioning consists of the
periods both for initiating the decommissioning process and for
subsequently completing decommissioning activities. In determining the
appropriate time period for initiating decommissioning, the NRC
considered the health and safety benefits to be obtained by allowing
short-lived isotopes to decay before beginning decommissioning
operations and the licensee's need to make business decisions
concerning future use of inactive buildings or outdoor areas. In
determining the appropriate time period for the completion of
subsequent decommissioning activities, the NRC considered the time
needed to plan and safely carry out decommissioning operations based on
previous experience.
With regard to initiation of the decommissioning process, the
background information developed for the rulemaking on general
requirements for decommissioning (53 FR 24018; June 27, 1988) included
an evaluation of decommissioning planning and preparation requirements
for the wide variety of different sized operations licensed under 10
CFR Parts 30, 40, and 70. The evaluation indicated that, in general,
for materials license facilities, further benefits derived from
radiological decay are not likely to be gained by delaying
decommissioning beyond approximately 3 years from the date that
operations cease. The NRC considers a period of approximately 24 months
for making business decisions on further use of inactive facilities to
be reasonable. This permits licensees sufficient time to make decisions
concerning future use of an inactive facility, while accommodating
periods of inactivity due to normal operations, testing, or routine
business cycles.
Based on the 24-month time period considered reasonable for making
business decisions and considering that the incremental benefits due to
radioactive decay between the second and third years of inactivity are
small, the NRC considers a period of approximately 24 months to be a
reasonable time period to permit a building or outdoor area to remain
inactive without undergoing decommissioning. Therefore, the final rule
stipulates that licensees must notify NRC if they have buildings or
outdoor areas where no principal activities have been conducted for 24
months. Notification is also required when the license has expired or
when the licensee has decided to permanently cease principal activities
and begin the formal process leading to license termination. The rule
allows licensees 60 days to provide notification. The rule requires
licensees that are not required to submit decommissioning plans to
begin decommissioning within the 60-day period provided for
notification unless the NRC has granted a delay or postponement.
Licensees required to submit decommissioning plans will be required to
submit final decommissioning plans within 12 months following
notification to cease principal activities.
Based on its analysis of the situation, the NRC arrived at a 24-
month period as being a reasonable time period for a facility, building
or outside area to remain inactive without undergoing decommissioning.
Licensees may file for exemption if they feel they will exceed the 24-
month inactivity period.
Sections 30.36(e) and (h), 40.42(e) and (h), 70.38(e) and (h), and
72.54(e) and (j)--Submittal of Request to Delay Initiation of the
Decommissioning Process and Submittal of Alternate Decommissioning
Schedules.
The NRC recognizes that licensees may not wish to decommission the
site or separate buildings or outdoor areas when submitting the
notification of inactivity for 24 months. Thus, the rule permits
licensees to make a request and justify delay or postponement.
Licensees will be required to submit the request with justification 30
days prior to the time notification would have been required under
paragraph (d). In practical terms, this means:
(1) 30 days after the license expiration date,
(2) 30 days following the decision to permanently cease principal
activities at the site or in separate buildings or outdoor areas, or
(3) 30 days following the end of the 24-month time period of
inactivity for the site or in separate buildings or outdoor areas.
Five commenters expressed opinions against the provision for
granting an extension of time for submitting a decommissioning plan. A
commenter recommended that an additional factor be included under
paragraph (h), in each of the affected sections in the regulation as a
reason to delay decommissioning--the future availability of emerging
technologies which would enable more thorough or efficient
decontamination. The NRC did not adopt this recommendation because this
additional factor, as worded, appears to be too general to be used as a
basis for delaying decommissioning. If some particular emerging
technology could be identified which would offer more thorough or
efficient decontamination on a definite time scale, it could form the
basis of a request to the NRC by a licensee for a delay in beginning
decommissioning.
Some commenters expressed the opinion that 30 days is not enough
time for the licensee to perform a proper analysis and prepare a
meaningful submittal. They proposed allowing 90 days for submitting a
schedule for preparation, submittal and review of a site
characterization plan, site characterization report, and site
decommissioning plan and elimination of the 30-day notice. The
commenters appeared to misunderstand the purpose of the 30-day notice.
The 30-day notice is not for a request to extend the time for submittal
of a decommissioning plan but applies to a request and justification
for postponement of the initiation of the decommissioning process. For
those licensees required to submit decommissioning plans, the
regulation allows licensees 12 months, not 30 days, to prepare the
decommissioning plan.
A commenter expressed concern with the provision which puts the
decommissioning timetable ``on hold'' until the NRC makes a
determination on the extension request. To make the NRC accountable,
the commenter strongly urged that the NRC modify the rule to place a
reasonable time limit on NRC determinations regarding extension
requests (i.e., 30 days). The NRC did not adopt this comment because a
30-day time period for evaluating a request for an extension of the 24-
month decommissioning period would be difficult to adhere to due to the
complexity involved in evaluation of non-routine factors such as
extensive ground-water contamination and because the NRC may have to
request further information from the licensee.
Sections 30.36(e), 40.42(e), 70.38(e), and 72.54 (e)(1)--Inclusion of
Specific Information to Support a Request to Delay or Postpone
Initiation of Decommissioning
Three commenters stated that the wording of the extension request
provision failed to define specific standards to be met by a licensee
or to describe how the NRC will evaluate requests. It was noted that
the term ``otherwise in the public interest'' was not precisely defined
and could be interpreted in a variety of ways. Two commenters noted
that the rule states that the NRC may grant a request to delay or
postpone decommissioning if NRC determines the relief ``is not
detrimental to public health and safety and is otherwise in the public
interest.'' In addition, these commenters felt that this section was
unnecessary for uranium recovery licensees because the NRC already
knows the safety status of the facilities through various periodic
reports that must be submitted.
The NRC did not adopt these suggestions. Sections 30.36(h),
40.42(h), 70.38(h) and 72.54(j) of the final rule contain five criteria
the NRC will evaluate in reaching a decision on the merits of the
licensee's request. Guidance on techniques used by the staff to
evaluate requests is typically provided in regulatory guides and other
guidance documents. The NRC will issue additional guidance as necessary
after the final rule is issued.
Sections 30.36 (e) and (h), 40.42 (e) and (h), 70.38 (e) and (h), and
72.54 (e) and (j)--Public Participation
One commenter suggested that the public would like to be given a
role in evaluating the merits of requests for extensions of the
decommissioning schedules. This commenter stated that the rule should
provide for hearings for any variation in the rule conditions,
including granting of an extension.
In most cases, when an extension is granted the license would be
amended. Since current NRC rules (Sec. 2.1205) provide individuals that
could be affected the right to request a hearing whenever a license
amendment is issued, there does not appear to be a need for any
additional rule changes to accommodate this concern.
Sections 30.36(f)(4)(vi), 30.36(g), 30.36(h), 40.42(f)(4)(vi),
40.42(g), 40.42(h), 70.38(f)(4)(vii), 70.38(g), 70.38(h), 72.54(i), and
72.54(j)(1) and (2)--Decommissioning Period
Six of the 17 comment letters on the proposed rule questioned the
practicability of the 18-month period for the completion of
decommissioning for various reasons. Several commenters felt that the
18-month limit was premature because NRC has not yet established the
acceptance criteria, which may affect cost and scheduling of
decommissioning. Other commenters stated that most fuel facilities
require significantly more time than 18 months and the rule should
recognize this. A commenter expressed the view that the 18-month period
should not apply to uranium recovery facilities because portions of the
milling facility may need to remain under license for ground-water
remediation and tailings closure. The commenter suggested modifying the
rule to state that decommissioning would be completed as soon as
practicable after a final decision to cease operations. This commenter
also suggested extending the period for decommissioning to make
scheduling more realistic for major materials licensees. In addition,
this commenter suggested that the NRC request strict compatibility for
Agreement States to preclude imposition of more restrictive standards
than those imposed by NRC.
The NRC has concluded that an 18-month period for completion of
decommissioning may not be adequate for many major materials licensees.
In response to the comments received, the NRC has decided to increase
the time limit to complete decommissioning. This change is expected to
have the effect of reducing the number of requests for extensions of
the time period without having a significant impact on public health
and safety. Following initiation of decommissioning activities,
licensees would have a maximum of 24 months to complete
decommissioning.
The amended regulations permit licensees to request the NRC to
consider extending the 24-month time limit for decommissioning. The NRC
will consider site-specific factors on a case-by-case basis. Factors
that the NRC may consider to be appropriate include:
(1) Availability of waste disposal facilities;
(2) Reductions in dose or waste volume due to radioactive decay;
(3) Technical feasibility of decommissioning;
(4) Regulatory requirements of other government agencies;
(5) Lawsuits;
(6) Ground-water treatment activities;
(7) Monitored natural ground-water restoration; or
(8) Other factors that could result in more environmental harm than
deferred clean-up or that are beyond the control of the licensee.
Based on these time periods the NRC estimates that licensees who
are not required to submit decommissioning plans will complete their
decommissioning activities in approximately 50 months or less after
cessation of operations (i.e., 24 months of inactivity, 60 days for
notification, and 24 months to complete decommissioning). Licensees who
are required to submit decommissioning plans would be expected to
complete their decommissioning activities in approximately 62 months or
less (i.e., 24 months of inactivity, 60 days for notification, 12
months to submit a decommissioning plan, and 24 months to complete
decommissioning). NRC review and approval of decommissioning plans
(estimated to be 6 months or less) will be in addition to the 62-month
total.
Sections 30.36(f)(1) and (3), 40.42(f)(1) and (3), 70.38(f)(1) and
(3)--Activities Permitted Prior to Approval of a Decommissioning Plan
Three commenters stated that the rule should clearly specify what
decontamination and decommissioning activities are permitted without
approval of a decommissioning plan. They also stated that there should
be specific wording that permits the licensee to proceed with certain
activities pending approval of the plan. They believed that
decommissioning activities covered under existing authorizations and
procedures should be able to proceed pending approval of the plan. In
addition, one commenter believed that those activities which would not
increase health and safety impacts to workers and the public should be
permitted pending approval of the plan. A commenter noted that license
amendments could be considered for specific activities while the plan
is under NRC review.
The NRC did not adopt these suggestions because sufficient latitude
currently exists for licensees to carry out decommissioning activities
in the absence of an approved decommissioning plan provided the
procedures used are approved under existing licensing conditions and do
not increase the potential for health and safety impacts to workers or
to the public or result in significantly greater release of radioactive
material to the environment.
Sections 30.36(i), 40.42(i), 70.38(i), and 72.54(k)--Radiation Surveys
The comments on this subject were concerned with radiation survey
measurements and radiation units to be used. Three commenters
questioned the practical value of the required measurement of beta/
gamma radiation levels at one centimeter from the surface. The
commenters noted that this measurement was not included in NUREG/CR-
5849. Four commenters objected to the requirement in the proposed rule
to use SI units. They believed that this proposal was in conflict with
Part 20 and would be confusing to all concerned. Here again, the
commenters suggested that the results of radiation measurement be
specified elsewhere, such as in the rule dealing with residual
radiation standards.
The NRC has decided to delete the requirement for beta/gamma
radiation levels at 1 centimeter from the surface since sufficient
guidance exists in NUREG/CR-5849. The provision in the final rule that
requires that radiation levels be reported in SI units reflects NRC
policy on metrication which was published in the Federal Register on
October 7, 1991 (57 FR 46202). In keeping with this policy, levels of
gamma radiation will be expressed in units of millisieverts. The
millisievert was chosen over Coulomb/kilogram to convert from Roentgen
because expressing in units of absorbed dose allows easy conversion.
The values only differ with respect to orders of magnitude. The staff
notes that using absorbed dose to express levels gamma radiation is the
approach adopted in Europe and will foster international consistency.
Sections 30.36(j)(2), 40.42(j)(2), 70.38(j)(2), and 72.54(l)(2)--Delay
for Radiation Criteria Rule
Five commenters expressed opposition to or concern with the NRC's
plans to proceed with the timeliness in decommissioning rulemaking
separate from and in advance of the EPR currently underway. The main
points made by the commenters in support of either delaying the
timeliness rulemaking or combining the two rulemakings were:
(1) Proceeding with the timeliness rulemaking separately constrains
the public's ability to influence the radiological-standards rulemaking
and weakens the NRC's stated commitment to greater public
participation;
(2) The timeliness rulemaking is isolated from the enhanced public
participation of the radiological-standards rulemaking;
(3) It is inconsistent to define the length of time decommissioning
will require when it is not known what the extent of decommissioning
will be (the timeliness rulemaking is based on the premise of
decommissioning for release in accordance with NRC requirements). The
results of the radiological standards rulemaking may provide for
alternative approaches to decommissioning, such as continual
remediation or long-term monitoring, restricted use, and continued
institutional care, perhaps through the transfer of the property to a
governmental entity; and
(4) Because decommissioning should be done correctly and is
expensive, its scheduling and implementation should be accomplished
with the benefit of final residual radiation criteria.
The comments regarding the desirability of either delaying the
timeliness in decommissioning rulemaking until the rulemaking on
decommissioning criteria is completed or combining the two rulemakings
have merit. Ideally, the two subjects could be addressed in a single
rulemaking because of their strong interdependence. However, the NRC
has determined that, pending promulgation of the new decommissioning
criteria, adequate criteria exist to conduct decommissioning and are
described in the NRC Action Plan Ensuring Timely Decommissioning of
SDMP sites (57 FR 13389; April 16, 1992). Because having these new
timeliness requirements in the regulations is expected to improve the
NRC's ability to see that timely decommissioning is accomplished, the
NRC did not adopt the commenters' suggestion. Adoption of the
suggestions of the commenters on this point would result in either the
continuation of the ``status quo'', i.e., establishment of time
schedules for decommissioning on a case-by-case basis through license
condition or order, or postponement of all decommissioning of materials
facilities until the rulemaking on decommissioning criteria has been
completed.
Section 70.38(f)(4)(vi)
A commenter suggested deleting the requirements to submit updated
descriptions of physical security plans and material control and
accountability plans. This comment was not adopted because this
information is likely to be different from the plans designed to cover
routine operations. As noted in the comment, the licensee may be in a
position where the possession limit for special nuclear material can be
reduced below the threshold for the plans, then the information would
not be required in the decommissioning plan.
Viability of Uranium Recovery Industry
Uranium recovery licensees consist of conventional mills,
commercial, research and development in situ facilities, ore buying
stations, and heap-leach facilities. These sites may contain processing
facilities and waste disposal areas. All of the sites, other than the
tailings impoundments and waste disposal areas, are to be
decommissioned and released in accordance with NRC requirements under
NRC's present regulations. The waste disposal areas are reclaimed and,
when the specific license is terminated, they are licensed for long-
term care under the general license in Sec. 40.28.
The current requirements for decommissioning and reclamation of
these sites are contained primarily in Appendix A to 10 CFR Part 40. In
particular, Criterion 9 of Appendix A requires that prior to
commencement of operations, there must be a NRC-approved plan for:
(1) Decontamination and decommissioning of mill buildings and the
milling site to levels which allow unrestricted use of these areas upon
decommissioning, and
(2) The reclamation of tailings and/or waste disposal areas in
accordance with technical criteria presented in Section I of Appendix
A.
Nonetheless, Sec. 40.42 applies to the uranium processing
facilities. The effect of the final rule is to require the uranium
recovery licensees to notify the NRC within 60 days when they have
permanently ceased operations or have not conducted operations for 24
months (Sec. 40.42(d)) and to submit an updated decommissioning plan
within 12 months of this notification or license expiration. The
provisions in the amended Sec. 40.42(g) on the content of a
decommissioning plan are consistent with the decommissioning plan
required in Criterion 9 of Appendix A to 10 CFR Part 40. The
decommissioning plan submitted at the end of operations is intended to
better describe the actual conditions of the site at that time.
Some uranium recovery licensees may require additional time to
conduct final decommissioning and site survey in order to support the
reclamation of waste disposal areas. Section 40.42(k) provides for an
exemption for the waste disposal areas at uranium recovery facilities.
Disposal areas (as defined in Appendix A to 10 CFR Part 40) are
reclaimed and ownership is eventually transferred to the Department of
Energy. Criterion 6A of Appendix A to 10 CFR Part 40 and Subpart D of
40 CFR Part 192 specifically require the submittal and approval of a
timely reclamation plan. For these reasons, the provisions in the final
rule in Sec. 40.42(f) for the content of a plan and Sec. 40.42(g) for
the timing of completion of the plan do not apply to the reclamation of
the waste disposal areas at uranium recovery facilities and thorium
mills.
To coordinate decommissioning of uranium recovery facilities and
reclamation of disposal areas, the NRC may need to extend the date for
completion of decommissioning including the final radiological survey
until the reclamation of the disposal area has been completed.
Typically, the reclamation of a disposal area may require several years
of drying, several construction seasons, and a period of stability
monitoring prior to the licensee proposing to terminate the license.
Requests for delay in completion of the final aspects of
decommissioning can be accommodated through the provisions in
Sec. 40.42(h).
The NRC recognizes the fluctuation that has occurred in the uranium
industry. The amended regulation allows the NRC to extend the 24-month
period of inactivity if the NRC determines, based on a request by the
licensee, that this relief is not detrimental to the public health and
safety and is otherwise in the public interest. Commenters stated that
the proposed rule threatens future energy security of the United States
by forcing decommissioning of uranium production facilities. According
to the commenters, the proposed timetables failed to take into account
site-specific circumstances, factors beyond the control of the
licensee, and the problematic nature of the international marketplace.
Two commenters stated that their suggestion of exempting uranium
recovery facilities from the rule would allow the United States to
maintain its domestic uranium producing industry rather than forcing
its demise with every downturn in the market and thereby help limit
U.S. dependence on foreign energy sources. They also stated that such
an exemption would be consistent with NRC Chairman Selin's written
testimony before the Senate Committee on Energy and Natural Resources
during hearings on the then proposed National Energy Act on June 26,
1992.
What the commenters are referring to is not written testimony but
NRC's June 26, 1992, comments to Congress on provisions of the proposed
National Energy Policy Act of 1992 relating to mill tailings cleanup
funding. The NRC is not exempting uranium recovery facilities from
decommissioning. There is no policy justification for concluding that
once a uranium recovery facility has ceased operations, decommissioning
should not commence promptly. In fact, prompt decommissioning is
consistent with this agency's mandate to protect public health and
safety. Commenters have misconstrued the Commission's June 26, 1992,
letter to Congress. In that letter, the Commission urged Congress to
modify the legislation to provide that uranium mills could be eligible
for reimbursements for some of their cleanup costs even if the mills
were still operating in 2002. The legislation then pending provided
that decommissioning of a mill had to be completed by the end of 2002
in order to receive Federal funding. The legislation ultimately enacted
included the modifications recommended by the NRC. Nowhere in NRC's
correspondence did the Commission suggest that decommissioning be
deferred once a facility has ceased operations. In addition,
flexibility has been built into the final rule so that a licensee can
file for an exemption from having to commence decommissioning following
24 months of inactivity.
Inclusion of QA Plan in the Decommissioning Plan
One commenter suggested that the content of the decommissioning
plan be augmented to include a quality assurance program description, a
description of the manner in which the characterization of the site was
performed and assurance that the characterization was performed in
accordance with a quality assurance program and implementing
procedures. This commenter pointed out that the QA program is currently
only discussed in Part 72. Because it is especially important to assure
high quality data in conducting various tests (e.g., analysis of soil,
water, air, contamination), requirements for QA programs should be
added to the other sections as well.
The NRC believes that the QA programs incorporated into existing
licenses apply to decommissioning as well.
IV. Other Issues
10 CFR Part 2, Appendix C, Supplement VI--Enforcement
Four commenters expressed disagreement with the enforcement policy
stated in the Supplementary Information of the proposed rule. They
believed that a Severity Level 3 enforcement category seemed harsh or
excessive in view of the subjective and unpredictable character of many
factors that will influence determinations and actions regarding
decommissioning. They also noted that the one-level approach does not
seem to recognize the wide range of situations or interpretations that
could result in citations. They suggested that the enforcement policy
be consistent with the complexities and uncertainties involved.
This comment was not adopted because the NRC considers timely
decommissioning of materials facilities an important regulatory issue.
Thus, violations involving a failure to notify the NRC as required by
regulation or license condition or to complete decommissioning
activities in accordance with regulation or license condition normally
will be classified at Severity Level III and will result in
consideration of monetary civil penalties or other enforcement action
as appropriate.
Environmental Assessment
A commenter disagreed with the NRC Finding of No Significant
Environmental Impact for the proposed rule and believed that it
represented an inadequate consideration of potential environmental
effects. The commenter noted that NRC has indicated its intention to
prepare a GEIS for the residual radiological standards rulemaking and
because the timeliness rulemaking has such a strong link to it that the
timeliness rulemaking also logically requires a GEIS.
As noted in the Supplementary Information with the proposed rule,
the NRC staff prepared an Environmental Assessment which found that, if
adopted, the proposed rule would not be a major Federal action
significantly affecting the quality of the human environment, and
therefore an environmental impact statement is not required. As
discussed in the Environmental Assessment, the NRC had previously
prepared a Generic Environmental Impact Statement on Decommissioning
(GEIS). For licensees covered by this regulation, the GEIS found that
either immediate decommissioning or short-term storage to allow short-
lived radionuclides to decay is the preferred decommissioning strategy.
Delayed decommissioning for an extended period of time would only
rarely be justified for these types of facilities. The GEIS concluded
that the overall impact of decommissioning existing nuclear materials
facilities is small. Because these regulatory changes specifically lean
in the direction of the preferred decommissioning strategies, immediate
decommissioning or short-term storage, it can be concluded that this
rulemaking will have no adverse impact on the environment. A more
detailed rationale is given in the environmental assessment published
with the notice of proposed rulemaking on Timeliness in Decommissioning
of Materials Facilities (58 FR 4099; January 13, 1993).
Economic Impacts
Several commenters stated that the proposed rule represents gross
interference with the licensee's right to operate a business within
applicable regulations and within the framework of normal business and
economic cycles. They believed that licensees must be given the option
to ``wait out'' down-turns in the market by idling facilities and
placing them under long term care and maintenance until operations can
be profitably restarted. They believed that the proposed rule would
deprive the licensees of the ability to obtain future financial return
on investment.
The NRC agrees that licensees should have flexibility with regard
to business decisions, and this sensitivity resulted in specific
provisions and exemptions to account for the special circumstances
where the rule might work a hardship on a particular licensee. The NRC
does not believe that further considerations are necessary.
License Fees
A commenter suggested that the timeliness rule should recognize the
diminished risk and regulatory effort associated with a license during
the decommissioning process and the NRC fee structure adjusted
accordingly.
In response, there does not appear to be any need to change the fee
structure for decommissioning. It is noted that fees for license
amendments for major materials or fuel cycle facilities are on a full
cost recovery basis and the cost, therefore, would depend upon the
amount of effort expended by the NRC staff on any given case. Once a
licensee enters a possession-only status the option is available of
qualifying for a different fee category due to a change in the nature
of the licensed activities.
V. Enforcement
Concurrent with the publication of the final rule, the Commission
is modifying Supplement VI of the Enforcement Policy to provide that
violations involving a failure to notify the NRC as required by
regulation or license condition, failure to meet decommissioning
standards, failure to complete decommissioning activities in accordance
with regulation or license condition, or failure to meet required
schedules without adequate justification may be classified as Severity
Level III and may result in consideration of monetary civil penalties
or other enforcement action as appropriate.
VI. Agreement State Compatibility
The final rule is a matter of compatibility between the NRC and the
Agreements States, thereby providing consistency between Federal and
State safety requirements. This rule is assigned a Division 2
compatibility. Under this level of compatibility, the Agreement States
would be expected to adopt a timeliness in decommissioning rule but
would be permitted flexibility to apply more stringent requirements if
deemed appropriate by the State.
VII. Implementation
The timing provisions of this rule begin on the effective date.
Thus, licensees that currently have unused facilities at the time of
publication of the final rule would not need to submit notifications
required by this rule earlier than 2 years after the rule becomes
effective. This provides those licensees with same period of time (2
years) in which to determine whether the unused facility would be put
into use again or to submit notification as required by the rule.
VIII. Finding of No Significant Environmental Impact: Availability
The NRC has determined under the National Environmental Policy Act
of 1969, as amended, and the NRC's regulations in Subpart A of 10 CFR
Part 51, that this rule is not a major Federal action significantly
affecting the quality of the human environment, and therefore, an
environmental impact statement is not required. The action establishes
specific requirements for timeliness of decommissioning of nuclear
materials facilities. The action is directed to improving the
regulatory, licensing, inspection, and enforcement framework relating
to these facilities and does not change the underlying fundamental
requirement to decommission facilities to levels acceptable for
release. Thus, this action will not adversely affect the quality of the
human environment. The environmental assessment and finding of no
significant impact on which this determination is based is available
for inspection at the NRC Public Document Room, 2120 L Street, NW.
(Lower Level), Washington, DC. Single copies are available without
charge upon written request from Mary L. Thomas, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555.
IX. Paperwork Reduction Act Statement
This final rule amends information collection requirements that are
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). These requirements were approved by the Office of Management and
Budget approval numbers 3150-0009, -0017, -0020, -0028, and -0132.
The public reporting burden for this collection of additional
information is estimated to average 0.5 hours per response, to prepare
and submit a notification of intent to terminate licensed activities.
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 (T6F33), U.S.
Nuclear Regulatory Commission, Washington, DC 20555; and to the Desk
Officer, Office of Information and Regulatory Affairs, NEOB-10202
(3150-0009, 3150-0017, 3150-0020, 3150-0028, and 3150-0132), Office of
Management and Budget, Washington, DC 20503.
X. Regulatory Analysis
The NRC has prepared a regulatory analysis on this regulation. The
analysis examines the costs and benefits of the requirements in the
rule. The analysis is available for inspection at the NRC Public
Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
XI. Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the NRC certifies that this rule does not have a significant
economic impact on a substantial number of small entities. The rule
imposes requirements for timely decommissioning of a site. Although the
rule includes all materials licensees regulated by the NRC and the
Agreement States, decommissioning efforts for licensees that possess
and use only materials with short half-lives or materials only in
sealed sources are simple and require only that enough time be
permitted to either allow short-lived materials to decay or to enable
them to properly dispose of their sealed sources. Therefore, the impact
of the rule on these licensees is not significant. The net cost to the
remaining licensees, estimated to number 3,300, is expected to be small
based on an analysis of the costs of decommissioning, including waste
disposal. The analysis indicates that in nearly all cases, the cost of
decommissioning (which includes the costs of waste disposal) will
increase if decommissioning is delayed. Complete details of the cost
analysis are contained in Section 6.2 of the Regulatory Analysis.
However, these remaining 3,300 licensees are not likely to be small
entities and, in addition, there actually may be significant costs of
cleanup of secondary contamination if decommissioning is delayed.
XII. Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this proposed rule and, therefore, that a backfit analysis
is not required for this proposed rule because these amendments do not
involve any provisions which would impose backfits as defined in 10 CFR
50.109(a)(1).
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Environmental protection, Nuclear
materials, Nuclear power plants and reactors, Penalty, Sex
Discrimination, Source material, Special nuclear 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, and Uranium.
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
Independent storage of spent fuel and high level waste, Manpower
training programs, Nuclear materials, Occupational safety and health,
Reporting and recordkeeping requirements, Security measures, and 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 2, 30, 40, 70, and 72.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
1. 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).
2. In Sec. 30.4 a definition of the term principal activities is
added in alphabetical order to read as follows:
Sec. 30.4 Definitions.
* * * * *
Principal activities, as used in this part, means activities
authorized by the license which are essential to achieving the
purpose(s) for which the license was issued or amended. Storage during
which no licensed material is accessed for use or disposal and
activities incidental to decontamination or decommissioning are not
principal activities.
* * * * *
3. Section 30.36 is revised to read as follows:
Sec. 30.36 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
(a) Each specific license expires at the end of the day on the
expiration date stated in the license unless the licensee has filed an
application for renewal under Sec. 30.37 not less than 30 days before
the expiration date stated in the existing license. If an application
for renewal has been filed at least 30 days prior to the expiration
date stated in the existing license, the existing license expires at
the end of the day on which the Commission makes a final determination
to deny the renewal application or, if the determination states an
expiration date, the expiration date stated in the determination.
(b) Each specific license revoked by the Commission expires at the
end of the day on the date of the Commission's final determination to
revoke the license, or on the expiration date stated in the
determination, or as otherwise provided by Commission Order.
(c) Each specific license continues in effect, beyond the
expiration date if necessary, with respect to possession of byproduct
material until the Commission notifies the licensee in writing that the
license is terminated. During this time, the licensee shall--
(1) Limit actions involving byproduct material to those related to
decommissioning; and
(2) Continue to control entry to restricted areas until they are
suitable for release in accordance with NRC requirements.
(d) Within 60 days of the occurrence of any of the following,
consistent with the administrative directions in Sec. 30.6, each
licensee shall provide notification to the NRC in writing of such
occurrence, and either begin decommissioning its site, or any separate
building or outdoor area that contains residual radioactivity so that
the building or outdoor area is suitable for release in accordance with
NRC requirements, or submit within 12 months of notification a
decommissioning plan, if required by paragraph (f)(1) of this section,
and begin decommissioning upon approval of that plan if--
(1) The license has expired pursuant to paragraph (a) or (b) of
this section; or
(2) The licensee has decided to permanently cease principal
activities, as defined in this part, at the entire site or in any
separate building or outdoor area that contains residual radioactivity
such that the building or outdoor area is unsuitable for release in
accordance with NRC requirements; or
(3) No principal activities under the license have been conducted
for a period of 24 months; or
(4) No principal activities have been conducted for a period of 24
months in any separate building or outdoor area that contains residual
radioactivity such that the building or outdoor area is unsuitable for
release in accordance with NRC requirements.
(e) The Commission may grant a request to extend the time periods
established in paragraph (d) if the Commission determines that this
relief is not detrimental to the public health and safety and is
otherwise in the public interest. The request must be submitted no
later than 30 days before notification pursuant to paragraph (d) of
this section. The schedule for decommissioning set forth in paragraph
(d) of this section may not commence until the Commission has made a
determination on the request.
(f)(1) A decommissioning plan must be submitted if required by
license condition or if the procedures and activities necessary to
carry out decommissioning of the site or separate building or outdoor
area have not been previously approved by the Commission and these
procedures could increase potential health and safety impacts to
workers or to the public, such as in any of the following cases:
(i) Procedures would involve techniques not applied routinely
during cleanup or maintenance operations;
(ii) Workers would be entering areas not normally occupied where
surface contamination and radiation levels are significantly higher
than routinely encountered during operation;
(iii) Procedures could result in significantly greater airborne
concentrations of radioactive materials than are present during
operation; or
(iv) Procedures could result in significantly greater releases of
radioactive material to the environment than those associated with
operation.
(2) The Commission may approve an alternate schedule for submittal
of a decommissioning plan required pursuant to paragraph (d) of this
section if the Commission determines that the alternative schedule is
necessary to the effective conduct of decommissioning operations and
presents no undue risk from radiation to the public health and safety
and is otherwise in the public interest.
(3) Procedures such as those listed in paragraph (f)(1) of this
section with potential health and safety impacts may not be carried out
prior to approval of the decommissioning plan.
(4) The proposed decommissioning plan for the site or separate
building or outdoor area must include:
(i) A description of the conditions of the site or separate
building or outdoor area sufficient to evaluate the acceptability of
the plan;
(ii) A description of planned decommissioning activities;
(iii) A description of methods used to ensure protection of workers
and the environment against radiation hazards during decommissioning;
(iv) A description of the planned final radiation survey; and
(v) An updated detailed cost estimate for decommissioning,
comparison of that estimate with present funds set aside for
decommissioning, and a plan for assuring the availability of adequate
funds for completion of decommissioning.
(vi) For decommissioning plans calling for completion of
decommissioning later than 24 months after plan approval, the plan
shall include a justification for the delay based on the criteria in
paragraph (h) of this section.
(5) The proposed decommissioning plan will be approved by the
Commission if the information therein demonstrates that the
decommissioning will be completed as soon as practicable and that the
health and safety of workers and the public will be adequately
protected.
(g)(1) Except as provided in paragraph (h) of this section,
licensees shall complete decommissioning of the site or separate
building or outdoor area as soon as practicable but no later than 24
months following the initiation of decommissioning.
(2) Except as provided in paragraph (h) of this section, when
decommissioning involves the entire site, the licensee shall request
license termination as soon as practicable but no later than 24 months
following the initiation of decommissioning.
(h) The Commission may approve a request for an alternative
schedule for completion of decommissioning of the site or separate
building or outdoor area, and license termination if appropriate, if
the Commission determines that the alternative is warranted by
consideration of the following:
(1) Whether it is technically feasible to complete decommissioning
within the allotted 24-month period;
(2) Whether sufficient waste disposal capacity is available to
allow completion of decommissioning within the allotted 24-month
period;
(3) Whether a significant volume reduction in wastes requiring
disposal will be achieved by allowing short-lived radionuclides to
decay;
(4) Whether a significant reduction in radiation exposure to
workers can be achieved by allowing short-lived radionuclides to decay;
and
(5) Other site-specific factors which the Commission may consider
appropriate on a case-by-case basis, such as the regulatory
requirements of other government agencies, lawsuits, ground-water
treatment activities, monitored natural ground-water restoration,
actions that could result in more environmental harm than deferred
cleanup, and other factors beyond the control of the licensee.
(i) As the final step in decommissioning, the licensee shall--
(1) Certify the disposition of all licensed material, including
accumulated wastes, by submitting a completed NRC Form 314 or
equivalent information; and
(2) Conduct a radiation survey of the premises where the licensed
activities were carried out and submit a report of the results of this
survey unless the licensee demonstrates that the premises are suitable
for release in some other manner. The licensee shall, as appropriate--
(i) Report levels of gamma radiation in units of millisieverts
(microroentgen) per hour at one meter from surfaces, and report levels
of radioactivity, including alpha and beta, in units of megabecquerels
(disintegrations per minute or microcuries) per 100 square
centimeters--removable and fixed--for surfaces, megabecquerels
(microcuries) per milliliter for water, and becquerels (picocuries) per
gram for solids such as soils or concrete; and
(ii) Specify the survey instrument(s) used and certify that each
instrument is properly calibrated and tested.
(j) Specific licenses, including expired licenses, will be
terminated by written notice to the licensee when the Commission
determines that:
(1) Byproduct material has been properly disposed;
(2) Reasonable effort has been made to eliminate residual
radioactive contamination, if present; and
(3)(i) A radiation survey has been performed which demonstrates
that the premises are suitable for release in accordance with NRC
requirements; or (ii) Other information submitted by the licensee is
sufficient to demonstrate that the premises are suitable for release in
accordance with NRC requirements.
4. Section 30.37 is revised to read as follows:
Sec. 30.37 Application for renewal of licenses.
(a) Application for renewal of a specific license must be filed on
NRC Form 314 and in accordance with Sec. 30.32.
(b) [Reserved]
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
5. 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).
6. In Sec. 40.4 a definition of the term principal activities is
added in alphabetical order to read as follows:
Sec. 40.4 Definitions.
* * * * *
Principal activities, as used in this part, means activities
authorized by the license which are essential to achieving the
purpose(s) for which the license was issued or amended. Storage during
which no licensed material is accessed for use or disposal and
activities incidental to decontamination or decommissioning are not
principal activities.
* * * * *
7. Section 40.42 is revised to read as follows:
Sec. 40.42 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
(a) Each specific license expires at the end of the day on the
expiration date stated in the license unless the licensee has filed an
application for renewal under Sec. 40.43 not less than 30 days before
the expiration of the existing license. If an application for renewal
has been filed, the existing license expires at the end of the day on
which the Commission makes a final determination to deny the renewal
application or, if the determination states an expiration date, the
expiration date stated in the determination.
(b) Each specific license revoked by the Commission expires at the
end of the day on the date of the Commission's final determination to
revoke the license, or on the expiration date stated in the
determination, or as otherwise provided by Commission Order.
(c) Each specific license continues in effect, beyond the
expiration date if necessary, with respect to possession of source
material until the Commission notifies the licensee in writing that the
license is terminated. During this time, the licensee shall--
(1) Limit actions involving source material to those related to
decommissioning; and
(2) Continue to control entry to restricted areas until they are
suitable for release in accordance with NRC requirements;
(d) Within 60 days of the occurrence of any of the following,
consistent with the administrative directions in Sec. 40.5, each
licensee shall provide notification to the NRC in writing and either
begin decommissioning its site, or any separate building or outdoor
area that contains residual radioactivity, so that the building or
outdoor area is suitable for release in accordance with NRC
requirements, or submit within 12 months of notification a
decommissioning plan, if required by paragraph (f)(1) of this section,
and begin decommissioning upon approval of that plan if--
(1) The license has expired pursuant to paragraph (a) or (b) of
this section; or
(2) The licensee has decided to permanently cease principal
activities, as defined in this part, at the entire site or in any
separate building or outdoor area; or
(3) No principal activities under the license have been conducted
for a period of 24 months; or
(4) No principal activities have been conducted for a period of 24
months in any separate building or outdoor area that contains residual
radioactivity such that the building or outdoor area is unsuitable for
release in accordance with NRC requirements.
(e) The Commission may grant a request to delay or postpone
initiation of the decommissioning process if the Commission determines
that such relief is not detrimental to the public health and safety and
is otherwise in the public interest. The request must be submitted no
later than 30 days before notification pursuant to paragraph (d) of
this section. The schedule for decommissioning set forth in paragraph
(d) of this section may not commence until the Commission has made a
determination on the request.
(f)(1) A decommissioning plan must be submitted if required by
license condition or if the procedures and activities necessary to
carry out decommissioning of the site or separate building or outdoor
area have not been previously approved by the Commission and these
procedures could increase potential health and safety impacts to
workers or to the public, such as in any of the following cases:
(i) Procedures would involve techniques not applied routinely
during cleanup or maintenance operations;
(ii) Workers would be entering areas not normally occupied where
surface contamination and radiation levels are significantly higher
than routinely encountered during operation;
(iii) Procedures could result in significantly greater airborne
concentrations of radioactive materials than are present during
operation; or
(iv) Procedures could result in significantly greater releases of
radioactive material to the environment than those associated with
operation.
(2) The Commission may approve an alternate schedule for submittal
of a decommissioning plan required pursuant to paragraph (d) of this
section if the Commission determines that the alternative schedule is
necessary to the effective conduct of decommissioning operations and
presents no undue risk from radiation to the public health and safety
and is otherwise in the public interest.
(3) The procedures listed in paragraph (f)(1) of this section may
not be carried out prior to approval of the decommissioning plan.
(4) The proposed decommissioning plan for the site or separate
building or outdoor area must include:
(i) A description of the conditions of the site or separate
building or outdoor area sufficient to evaluate the acceptability of
the plan;
(ii) A description of planned decommissioning activities;
(iii) A description of methods used to ensure protection of workers
and the environment against radiation hazards during decommissioning;
(iv) A description of the planned final radiation survey; and
(v) An updated detailed cost estimate for decommissioning,
comparison of that estimate with present funds set aside for
decommissioning, and a plan for assuring the availability of adequate
funds for completion of decommissioning.
(vi) For decommissioning plans calling for completion of
decommissioning later than 24 months after plan approval, a
justification for the delay based on the criteria in paragraph (h) of
this section.
(5) The proposed decommissioning plan will be approved by the
Commission if the information therein demonstrates that the
decommissioning will be completed as soon as practicable and that the
health and safety of workers and the public will be adequately
protected.
(g)(1) Except as provided in paragraph (h) of this section,
licensees shall complete decommissioning of the site or separate
building or outdoor area as soon as practicable but no later than 24
months following the initiation of decommissioning.
(2) Except as provided in paragraph (h) of this section, when
decommissioning involves the entire site, the licensee shall request
license termination as soon as practicable but no later than 24 months
following the initiation of decommissioning.
(h) The Commission may approve a request for an alternate schedule
for completion of decommissioning of the site or separate building or
outdoor area, and license termination if appropriate, if the Commission
determines that the alternative is warranted by consideration of the
following:
(1) Whether it is technically feasible to complete decommissioning
within the allotted 24-month period;
(2) Whether sufficient waste disposal capacity is available to
allow completion of decommissioning within the allotted 24-month
period;
(3) Whether a significant volume reduction in wastes requiring
disposal will be achieved by allowing short-lived radionuclides to
decay;
(4) Whether a significant reduction in radiation exposure to
workers can be achieved by allowing short-lived radionuclides to decay;
and
(5) Other site-specific factors which the Commission may consider
appropriate on a case-by-case basis, such as the regulatory
requirements of other government agencies, lawsuits, ground-water
treatment activities, monitored natural ground-water restoration,
actions that could result in more environmental harm than deferred
cleanup, and other factors beyond the control of the licensee.
(i) As the final step in decommissioning, the licensee shall--
(1) Certify the disposition of all licensed material, including
accumulated wastes, by submitting a completed NRC Form 314 or
equivalent information; and
(2) Conduct a radiation survey of the premises where the licensed
activities were carried out and submit a report of the results of this
survey unless the licensee demonstrates that the premises are suitable
for release in some other manner. The licensee shall, as appropriate--
(i) Report levels of gamma radiation in units of millisieverts
(microroentgen) per hour at one meter from surfaces, and report levels
of radioactivity, including alpha and beta, in units of megabecquerels
(disintegrations per minute or microcuries) per 100 square centimeters
removable and fixed for surfaces, megabecquerels (microcuries) per
milliliter for water, and becquerels (picocuries) per gram for solids
such as soils or concrete; and
(ii) Specify the survey instrument(s) used and certify that each
instrument is properly calibrated and tested.
(j) Specific licenses, including expired licenses, will be
terminated by written notice to the licensee when the Commission
determines that:
(1) Source material has been properly disposed;
(2) Reasonable effort has been made to eliminate residual
radioactive contamination, if present; and
(3)(i) A radiation survey has been performed which demonstrates
that the premises are suitable for release in accordance with NRC
requirements.
(ii) Other information submitted by the licensee is sufficient to
demonstrate that the premises are suitable for release in accordance
with NRC requirements.
(k) Specific licenses for uranium and thorium milling are exempt
from paragraphs (d)(4), (f) and (g) of this section with respect to
reclamation of tailings impoundments and/or waste disposal areas.
8. Section 40.43 is revised to read as follows:
Sec. 40.43 Renewal of licenses.
(a) Application for renewal of a specific license must be filed on
NRC Form 314 and in accordance with Sec. 40.31.
(b) [Reserved]
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
9. 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 (42 U.S.C.
2071, 2073, 2201, 2232, 2233, 2282); 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. 10, 92 Stat.
2951 as amended by Pub. L. 102-486 sec. 2902, 106 Stat. 3123 (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).
10. In Section 70.4 a definition of the term principal activities
is added in alphabetical order to read as follows:
Sec. 70.4 Definitions.
* * * * *
Principal activities, as used in this part, means activities
authorized by the license which are essential to achieving the
purpose(s) for which the license was issued or amended. Storage during
which no licensed material is accessed for use or disposal and
activities incidental to decontamination or decommissioning are not
principal activities.
* * * * *
Sec. 70.33 [Amended].
11. Section 70.33 is amended by removing and reserving paragraph
(b).
12. Section 70.38 is revised to read as follows:
Sec. 70.38 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
(a) Each specific license expires at the end of the day on the
expiration date stated in the license unless the licensee has filed an
application for renewal under Sec. 70.33 not less than 30 days before
the expiration of the existing license. If an application for renewal
has been filed, the existing license expires at the end of the day on
which the Commission makes a final determination to deny the renewal
application or, if the determination states an expiration date, the
expiration date stated in the determination.
(b) Each specific license revoked by the Commission expires at the
end of the day on the date of the Commission's final determination to
revoke the license, or on the expiration date stated in the
determination, or as otherwise provided by Commission Order.
(c) Each specific license continues in effect, beyond the
expiration date if necessary, with respect to possession of special
nuclear material until the Commission notifies the licensee in writing
that the license is terminated. During this time, the licensee shall--
(1) Limit actions involving special nuclear material to those
related to decommissioning; and
(2) Continue to control entry to restricted areas until they are
suitable for release in accordance with NRC requirements.
(d) Within 60 days of the occurrence of any of the following,
consistent with the administrative directions in Sec. 70.5, each
licensee shall provide notification to the NRC in writing and either
begin decommissioning its site, or any separate building or outdoor
area that contains residual radioactivity, so that the building or
outdoor area is suitable for release in accordance with NRC
requirements, or submit within 12 months of notification a
decommissioning plan, if required by paragraph (f)(1) of this section,
and begin decommissioning upon approval of that plan if--
(1) The license has expired pursuant to paragraph (a) or (b) of
this section; or
(2) The licensee has decided to permanently cease principal
activities, as defined in this part, at the entire site or in any
separate building or outdoor area; or
(3) No principal activities under the license have been conducted
for a period of 24 months; or
(4) No principal activities have been conducted for a period of 24
months in any separate building or outdoor area that contains residual
radioactivity such that the building or outdoor area is unsuitable for
release in accordance with NRC requirements.
(e) The Commission may grant a request to delay or postpone
initiation of the decommissioning process if the Commission determines
that this relief is not detrimental to the public health and safety and
is otherwise in the public interest. The request must be submitted no
later than 30 days before notification pursuant to paragraph (d) of
this section. The schedule for decommissioning set forth in paragraph
(d) of this section may not commence until the Commission has made a
determination on the request.
(f)(1) A decommissioning plan must be submitted if required by
license condition or if the procedures and activities necessary to
carry out decommissioning of the site or separate building or outdoor
area have not been previously approved by the Commission and these
procedures could increase potential health and safety impacts to
workers or to the public, such as in any of the following cases:
(i) Procedures would involve techniques not applied routinely
during cleanup or maintenance operations;
(ii) Workers would be entering areas not normally occupied where
surface contamination and radiation levels are significantly higher
than routinely encountered during operation;
(iii) Procedures could result in significantly greater airborne
concentrations of radioactive materials than are present during
operation; or
(iv) Procedures could result in significantly greater releases of
radioactive material to the environment than those associated with
operation.
(2) The Commission may approve an alternate schedule for submittal
of a decommissioning plan required pursuant to paragraph (d) of this
section if the Commission determines that the alternative schedule is
necessary to the effective conduct of decommissioning operations and
presents no undue risk from radiation to the public health and safety
and is otherwise in the public interest.
(3) The procedures listed in paragraph (f)(1) of this section may
not be carried out prior to approval of the decommissioning plan.
(4) The proposed decommissioning plan for the site or separate
building or outdoor area must include:
(i) A description of the conditions of the site or separate
building or outdoor area sufficient to evaluate the acceptability of
the plan;
(ii) A description of planned decommissioning activities;
(iii) A description of methods used to ensure protection of workers
and the environment against radiation hazards during decommissioning;
(iv) A description of the planned final radiation survey; and
(v) An updated detailed cost estimate for decommissioning,
comparison of that estimate with present funds set aside for
decommissioning, and a plan for assuring the availability of adequate
funds for completion of decommissioning.
(vi) A description of the physical security plan and material
control and accounting plan provisions in place during decommissioning.
(vii) For decommissioning plans calling for completion of
decommissioning later than 24 months after plan approval, a
justification for the delay based on the criteria in paragraph (h) of
this section.
(5) The proposed decommissioning plan will be approved by the
Commission if the information therein demonstrates that the
decommissioning will be completed as soon as practical and that the
health and safety of workers and the public will be adequately
protected.
(g)(1) Except as provided in paragraph (h) of this section,
licensees shall complete decommissioning of the site or separate
building or outdoor area as soon as practicable but no later than 24
months following the initiation of decommissioning.
(2) Except as provided in paragraph (h) of this section, when
decommissioning involves the entire site, the licensee shall request
license termination as soon as practicable but no later than 24 months
following the initiation of decommissioning.
(h) The Commission may approve a request for an alternate schedule
for completion of decommissioning of the site or separate building or
outdoor area, and license termination if appropriate, if the Commission
determines that the alternative is warranted by consideration of the
following:
(1) Whether it is technically feasible to complete decommissioning
within the allotted 24-month period;
(2) Whether sufficient waste disposal capacity is available to
allow completion of decommissioning within the allotted 24-month
period;
(3) Whether a significant volume reduction in wastes requiring
disposal will be achieved by allowing short-lived radionuclides to
decay;
(4) Whether a significant reduction in radiation exposure to
workers can be achieved by allowing short-lived radionuclides to decay;
and
(5) Other site-specific factors which the Commission may consider
appropriate on a case-by-case basis, such as regulatory requirements of
other government agencies, lawsuits, ground-water treatment activities,
monitored natural ground-water restoration, actions that could result
in more environmental harm than deferred cleanup, and other factors
beyond the control of the licensee.
(i) As the final step in decommissioning, the licensee shall--
(1) Certify the disposition of all licensed material, including
accumulated wastes, by submitting a completed NRC Form 314 or
equivalent information; and
(2) Conduct a radiation survey of the premises where the licensed
activities were carried out and submit a report of the results of this
survey unless the licensee demonstrates that the premises are suitable
for release in some other manner. The licensee shall, as appropriate--
(i) Report levels of gamma radiation in units of millisieverts
(microroentgen) per hour at one meter from surfaces, and report levels
of radioactivity, including alpha and beta, in units of megabecquerels
(disintegrations per minute or microcuries) per 100 square centimeters
removable and fixed for surfaces, megabecquerels (microcuries) per
milliliter for water, and becquerels (picocuries) per gram for solids
such as soils or concrete; and
(ii) Specify the survey instrument(s) used and certify that each
instrument is properly calibrated and tested.
(j) Specific licenses, including expired licenses, will be
terminated by written notice to the licensee when the Commission
determines that:
(1) Special nuclear material has been properly disposed;
(2) Reasonable effort has been made to eliminate residual
radioactive contamination, if present; and
(3)(i) A radiation survey has been performed which demonstrates
that the premises are suitable for release in accordance with NRC
requirements; or
(ii) Other information submitted by the licensee is sufficient to
demonstrate that the premises are suitable for release in accordance
with NRC requirements.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
13. 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 as amended by Pub. L. 102-
486, sec. 2902, 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).
14. In Sec. 72.3, a definition of the term principal activities is
added in alphabetical order to read as follows:
Sec. 72.3 Definitions.
* * * * *
Principal activities, as used in this part, means activities
authorized by the license which are essential to achieving the
purpose(s) for which the license was issued or amended, excluding
activities incidental to decontamination or decommissioning.
* * * * *
15. Section 72.54 is revised to read as follows:
Sec. 72.54 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
(a) Each specific license expires at the end of the day on the
expiration date stated in the license except when a licensee has filed
an application for renewal pursuant to Sec. 72.42 not less than 24
months before the expiration of the existing license. If an application
for renewal has been filed at least 24 months prior to the expiration
date stated in the existing license, the existing license expires at
the end of the day on which the Commission makes a final determination
to deny the renewal application or, if the determination states an
expiration date, the expiration date stated in the determination.
(b) Each specific license revoked by the Commission expires at the
end of the day on the date of the Commission's final determination to
revoke the license or on the expiration date stated in the
determination or as otherwise provided by Commission Order.
(c) Each specific license continues in effect, beyond the
expiration date if necessary, with respect to possession of licensed
material until the Commission notifies the licensee in writing that the
license is terminated. During this time, the licensee shall--
(1) Limit actions involving spent fuel or other licensed material
to those related to decommissioning; and
(2) Continue to control entry to restricted areas until they are
suitable for release in accordance with NRC requirements.
(d) As required by Sec. 72.42(d), or within 60 days of the
occurrence of any of the following, consistent with the administrative
directions in Sec. 72.4, each licensee shall notify the NRC in writing,
and submit within 12 months of this notification, a final
decommissioning plan and begin decommissioning upon approval of the
plan if--
(1) The licensee has decided to permanently cease principal
activities, as defined in this part, at the entire site or any separate
building or outdoor area that contains residual radioactivity such that
the building or outdoor area is unsuitable for release in accordance
with NRC requirements; or
(2) No principal activities under the license have been conducted
for a period of 24 months; or
(3) No principal activities have been conducted for a period of 24
months in any separate building or outdoor area that contains residual
radioactivity such that the building or outdoor area is unsuitable for
release in accordance with NRC requirements.
(e)(1) The Commission may grant a request to delay or postpone
initiation of the decommissioning process if the Commission determines
that this relief is not detrimental to the public health and safety and
is otherwise in the public interest. The request must be submitted no
later than 30 days before notification pursuant to paragraph (d) of
this section. The schedule for decommissioning set forth in paragraph
(d) of this section may not commence until the Commission has made a
determination on the request.
(2) The Commission may approve an alternate schedule for submittal
of the final decommissioning plan required pursuant to paragraph (d) of
this section if the Commission determines that the alternate schedule
is necessary to the effective conduct of decommissioning operations and
presents no undue risk from radiation to the public health and safety,
and is otherwise to the public interest.
(f) The proposed final decommissioning plan must include--
(1) A description of the current conditions of the site or separate
building or outdoor area sufficient to evaluate the acceptability of
the plan;
(2) The choice of the alternative for decommissioning with a
description of the activities involved;
(3) A description of controls and limits on procedures and
equipment to protect occupational and public health and safety;
(4) A description of the planned final radiation survey; and
(5) An updated detailed cost estimate for the chosen alternative
for decommissioning, comparison of that estimate with present funds set
aside for decommissioning, and plan for assuring the availability of
adequate funds for completion of decommissioning including means for
adjusting cost estimates and associated funding levels over any storage
or surveillance period; and
(6) A description of technical specifications and quality assurance
provisions in place during decommissioning.
(g) For final decommissioning plans in which the major
dismantlement activities are delayed by first placing the ISFSI or MRS
in storage, planning for these delayed activities may be less detailed.
Updated detailed plans must be submitted and approved prior to the
start of these activities.
(h) If the final decommissioning plan demonstrates that the
decommissioning will be completed as soon as practicable, performed in
accordance with the regulations in this chapter, and will not be
inimical to the common defense and security or to the health and safety
of the public, and after notice to interested persons, the Commission
will approve the plan subject to any appropriate conditions and
limitations and issue an order authorizing decommissioning.
(i)(1) Except as provided in paragraph (j) of this section, each
licensee shall complete decommissioning of the site or separate
building or outdoor area as soon as practicable but no later than 24
months following approval of the final decommissioning plan by the
Commission.
(2) Except as provided in paragraph (j) of this section, when
decommissioning involves the entire site, each licensee shall request
license termination as soon as practicable but no later than 24 months
following approval of the final decommissioning plan by the Commission.
(j) The Commission may approve a request for an alternate schedule
for completion of decommissioning of the site or separate building or
outdoor area, and license termination if appropriate, if the Commission
determines that the alternate schedule is warranted by consideration of
the following:
(1) Whether it is technically feasible to complete decommissioning
within the allotted 24-month period;
(2) Whether sufficient waste disposal capacity is available to
allow completion of decommissioning within the allotted 24-month
period;
(3) Whether a significant volume reduction in wastes requiring
disposal will be achieved by allowing short-lived radionuclides to
decay;
(4) Whether a significant reduction in radiation exposure to
workers can be achieved by allowing short-lived radionuclides to decay;
and
(5) Other site-specific factors that the Commission may consider
appropriate on a case-by-case basis, such as regulatory requirements of
other government agencies, lawsuits, ground-water treatment activities,
monitored natural ground-water restoration, actions that could result
in more environmental harm than deferred cleanup, and other factors
beyond the control of the licensee.
(k) As the final step in decommissioning, the licensee shall--
(1) Certify the disposition of all licensed material, including
accumulated wastes, by submitting a completed NRC Form 314 or
equivalent information; and
(2) Conduct a final radiation survey of the premises where the
licensed activities were conducted and submit a report of the results
of this survey, unless the licensee demonstrates that the premises are
suitable for release in some other manner. The licensee shall, as
appropriate--
(i) Report levels of gamma radiation in units of millisieverts
(microroentgen) per hour at one meter from surfaces, and report levels
of radioactivity, including alpha and beta, in units of megabecquerels
(disintegrations per minute or microcuries) per 100 square centimeters
removable and fixed for surfaces, megabecquerels (microcuries) per
milliliter for water, and becquerels (picocuries) per gram for solids
such as soils or concrete; and
(ii) Specify the survey instrument(s) used and certify that each
instrument is properly calibrated and tested.
(l) Specific licenses, including expired licenses, will be
terminated by written notice to the licensee when the Commission
determines that--
(1) The decommissioning has been performed in accordance with the
approved final decommissioning plan and the order authorizing
decommissioning; and
(2)(i) A radiation survey has been performed which demonstrates
that the premises are suitable for release in accordance with NRC
requirements; or
(ii) Other information submitted by the licensee is sufficient to
demonstrate that the premises are suitable for release in accordance
with NRC requirements.
16. In Sec. 72.86, paragraph (b), is revised to read as follows:
Sec. 72.86 Criminal penalties.
* * * * *
(b) The regulations in this Part 72 that are not issued under
Sections 161b, 161i, or 161o for the purposes of Section 223 are as
follows: Secs. 72.1, 72.2, 72.3, 72.4, 72.5, 72.7, 72.8, 72.9, 72.16,
72.18, 72.20, 72.22, 72.24, 72.26, 72.28, 72.32, 72.34, 72.40, 72.46,
72.56, 72.58, 72.60, 72.62, 72.84, 72.86, 72.90, 72.96, 72.108, 72.120,
72.122, 72.124, 72.126, 72.128, 72.130, 72.182, 72.194, 72.200, 72.202,
72.204, 72.206, 72.210, 72.214, 72.220, 72.230, 72.236, 72.238, and
72.240.
Conforming Amendment
The following amendment to Chapter I of Title 10 generally updates
citations to 10 CFR Parts 30, 40, 70 and 72 and is found in Part 2 of
the NRC regulations. This amendment is particularly important as it
goes beyond updating cross-reference citations. The amendment to 10 CFR
Part 2, Appendix C updates and modifies the examples of severity
levels. Because Appendix C is a policy statement of the Commission and
not a regulation, the Commission is issuing the amendment to the
Commission's enforcement policy in 10 CFR Part 2, Appendix C in final
form without public comment.
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND
ISSUANCE OF ORDERS
17. The authority citation for Part 2 continues in part to read as
follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841)
* * * * *
18. In Appendix C to 10 CFR Part 2, Supplement VI, Section C is
amended by revising paragraphs 9, and 10, and by adding a new paragraph
11, as follows:
Appendix C--General Statement of Policy and Procedure for NRC
Enforcement Actions
* * * * *
Supplement VI--Fuel Cycle and Materials Operations
C. Severity Level III--Violations involving for example:
* * * * *
9. A failure to submit an NRC Form 241 in accordance with the
requirements in Sec. 150.20 of 10 CFR part 150;
10. A failure to receive required NRC approval prior to the
implementation of a change in licensed activities that has
radiological or programmatic significance, such as, a change in
ownership; lack of an RSO or replacement of an RSO with an
unqualified individual; a change in the location where licensed
activities are being conducted, or where licensed material is being
stored where the new facilities do no meet safety guidelines; or a
change in the quantity or type of radioactive material being
processed or used that has radiological significance; or
11. A significant failure to meet decommissioning requirements
including a failure to notify the NRC as required by regulation or
license condition, substantial failure to meet decommissioning
standards, failure to conduct and/or complete decommissioning
activities in accordance with regulation or license condition, or
failure to meet required schedules without adequate justification.
Dated at Rockville, Maryland, this 11th day of July, 1994.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Acting Secretary of the Commission.
[FR Doc. 94-17206 Filed 7-14-94; 8:45 am]
BILLING CODE 7590-01-P
