[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Proposed Rules]
[Pages 40117-40118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19358]



=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 20, 30, 40, 50, 51, 70, and 72

RIN 3150-AD65


Radiological Criteria for Decommissioning

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule; Announcement of extension in schedule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is announcing an 
extension in the schedule for the final rule on radiological criteria 
for decommissioning. The reason for the extension is to allow the NRC 
to more fully consider public comments received on the technical 
information base supporting the proposed rule and to develop the 
implementing regulatory guidance to be issued with the final rule. It 
is expected that the final rule will be issued in early 1996.

FOR FURTHER INFORMATION CONTACT: John E. Glenn, (301) 415-6187, or 
Frank 

[[Page 40118]]
Cardile, (301) 415-6185, Office of Nuclear Regulatory Research, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555.

SUPPLEMENTARY INFORMATION: On August 22, 1994, the Commission issued a 
Federal Register notice (FRN) (59 FR 43200) requesting public comment 
on a proposed amendment to its regulations which would provide specific 
radiological criteria for the decommissioning of lands and structures 
at NRC-licensed nuclear facilities. The FRN announced that the public 
comment period was to close on December 20, 1994. Subsequently, the 
public comment period was extended to January 22, 1995. To date, 101 
comment letters have been received. The comments contained in these 
letters are being characterized and considered in the development of a 
final rule.
    The preliminary schedule of the final rule anticipated issuance of 
a final rule in the summer of 1995. However, the NRC has decided to 
extend the date for issuance of this rule to allow it to more fully 
consider public comments received on the technical information base 
supporting the proposed rule and to develop the implementing regulatory 
guidance to be issued with the final rule. The rationale for the 
extension is discussed more fully below.
    Characterization of the comments on the proposed rule and the 
supporting technical basis has indicated that a number of comments were 
received regarding the adequacy of the risk and cost analysis 
supporting the proposed criteria in the rule. One particular area 
questioned was whether the reference facilities used in the Draft 
Generic Environmental Impact Statement DGEIS (NUREG-1496) as a basis 
for the analyses adequately model the complex contamination situations 
occurring at nuclear facilities. The intent of the analysis in the 
DGEIS was to employ reference sites and to perform screening analyses. 
In support of this effort, the NRC staff used site data, where 
available, supplemented by engineering judgment and theoretical 
analyses.
    However, the NRC staff believes that the supporting information 
bases for the final rule will be significantly improved by including an 
evaluation of addItional data from site characterizations and 
decommissionings. Although the real world data are not as complete as 
might be wished, there are data on total costs, volumes of waste, 
survey costs and concentrations left at release that the staff believes 
can be useful. The information generated through this evaluation will 
be used in considering how to resolve public comments on the proposed 
rule including the appropriateness of the 15 mrem/yr limit for release 
of a site for unrestricted use contained in 10 CFR 20.1404(a) and the 
criteria for allowing restricted release contained in 10 CFR 20.1405.
    In addition to its further analysis of public comments, the NRC 
staff has decided that, prior to release of a final rule, it would 
assess its planned regulatory guide implementation model to provide 
assurance that the model is an adequately conservative screening tool 
and is capable of incorporating more realistic scenarios than those in 
the basic screening version. In particular, this assessment would 
include a sensitivity analysis of the NUREG/CR-5512 modeling 
methodology to determine the acceptable range of parameters for 
screening analyses. The NRC staff is considering holding a public 
meeting in September 1995 to address specific issues associated with 
development of regulatory guidance implementing the final rule. More 
detailed information about that meeting will be provided in the near 
future.
    Based on the activities discussed above with regard to the 
assessment of the supporting analysis, and the further development of 
the regulatory guidance, the staff expects to provide a final rule to 
the Commission during December 1995, and to issue a final rule in early 
1996.
    Separate Views of Commissioner de Planque: I agree with the 
Commission's decision to allow staff additional time to consider public 
comments on the proposed final rule on radiological criteria for 
decommissioning. I have read virtually all of the public comments and 
conclude that two major issues not specifically identified in this FRN 
need to be carefully considered by the staff before proceeding to 
finalize the rule. These are: (1) Is there an adequate technical basis 
for selecting a dose criterion of 15 mrem in contrast to a 25 or 30 
mrem value that would be consistent with the recommendations of 
international and national organizations for radiation protection? 
Staff's examination of this issue should consider the cost/benefit 
basis for selecting a value. (2) Are the fundamental, underlying 
assumptions used in the models, in particular, the assumption of a 70-
year residence and significant subsistence farming on a decommissioned 
site, realistic and appropriate to apply to decommissioned sites in the 
U.S.? Unnecessarily conservative assumptions will lead to cleanup of 
radioactivity to levels so low that it will be difficult, if not 
impossible, to determine compliance and the effort will be extremely 
expensive for licensees.

    Dated at Rockville, Maryland, this 19 day of July, 1995.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-19358 Filed 8-4-95; 8:45 am]
BILLING CODE 7590-01-P