[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Proposed Rules]
[Pages 26852-26853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13384]



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NUCLEAR REGULATORY COMMISSION

10 CFR Part 150

RIN 3150-AC57


Reasserting NRC's Authority for Approving Onsite Low-Level Waste 
Disposal in Agreement States; Withdrawal

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule: Withdrawal.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a 
notice of proposed rulemaking that would have reasserted the NRC's 
jurisdiction in Agreement States over the disposal of licensed material 
generated and disposed of at nuclear reactor sites. The proposed rule 
would also have clarified the jurisdiction over disposal of noncritical 
waste quantities of special nuclear material at reactors and fuel cycle 
facilities.

FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-6202.

SUPPLEMENTARY INFORMATION:

Background

    On August 22, 1988 (53 FR 31880), the Commission published a notice 
of proposed rulemaking in the Federal Register entitled ``Reasserting 
NRC's Authority for Approving Onsite Low-Level Waste Disposal in 
Agreement States.'' This rule would have reasserted the NRC's 
jurisdiction in the Agreement States over the disposal of low-level 
radioactive waste generated and disposed of at reactor sites. The 
proposed rule would also have clarified the jurisdiction over the 
disposal of noncritical waste quantities of special nuclear material at 
fuel cycle facilities. The NRC would have authorized this disposal 
under 10 CFR 20.302, but 10 CFR part 20, ``Standards for Protection 
Against Radiation,'' was revised in May 1991 (56 FR 23360). The 
applicable regulation is now 10 CFR 20.2002.
    The purpose of the proposed rule was to provide for a more 
centralized and consistent regulatory review of all onsite waste 
management activities and to avoid duplication of regulatory effort by 
the NRC and the Agreement States. The uniform review process that would 
result from the proposed rule was intended to provide greater assurance 
that onsite disposal of radioactive material will not present a health 
hazard and that the disposal of this waste in this manner will not 
unnecessarily complicate or delay decommissioning.
    As a result of publishing the proposed rule in the Federal 
Register, the NRC received 49 comment letters. Twelve commenters (24 
percent) favored the proposal, 37 commenters (76 percent) opposed the 
proposal. Comments were submitted by private citizens, Agreement and 
Non-Agreement States, nuclear utilities, nuclear utilities' 
representatives, and various conservation and public interest groups. 
The vast majority of the comments favoring the proposal were from 
nuclear utilities and their representatives. Comments opposed to the 
proposal came from private citizens, Agreement and Non-Agreement 
States, and conservation and public interest groups. Nineteen of the 
commenters questioned the need for the proposed rule, six commenters 
wanted the States' participation in the approval process to be 
specified, and a few States questioned the NRC's authority to 
promulgate the rule. The remaining commenters were concerned with 
better definitions of the protected and exclusion areas, the type of 
waste to be covered by the rule, existing onsite disposal, and the 
impact on regional low-level waste disposal facilities. Some States 
commented that the Agreement States were more familiar with local 
conditions and that their requirements were more strict than the NRC's. 
Of the 10 Agreement States that commented, 9 States were opposed to the 
amendments. The remaining Agreement State that commented supported the 
rule but reserved the right to participate in the approval process with 
full review privileges and expected their concerns to be addressed.
    As a result of the public comments received and the relatively low 
hazards

[[Page 26853]]

associated with onsite disposal of low-level waste radioactive 
material, the NRC reevaluated the merits of the proposed rule. In the 7 
years since this rulemaking was originally proposed, there have been a 
number of approvals granted by Agreement States for onsite disposal of 
low-level waste material under the equivalent of 10 CFR 20.2002 
(successor to 20.302). The NRC staff is not aware of any problems with 
the Agreement States' approvals of any onsite burials of low-level 
waste material.
    Based on the comments received, the relatively low hazards 
associated with onsite disposal of this type of radioactive material, 
and current experience with disposals, the NRC has reevaluated the 
issues and concluded that it is not necessary to reassert its 
regulatory jurisdiction over onsite disposal at reactor sites in the 
Agreement States.
    Therefore, the proposed rule is not required and is being 
withdrawn. Withdrawal of the proposed rule does not affect the current 
NRC jurisdiction over disposal of special nuclear material by reactor 
or fuel cycle licensees. With the withdrawal of the proposed rule, the 
Agreement States will maintain jurisdiction over the disposal of low-
level radioactive waste on nuclear reactor sites.

    Dated at Rockville, Md, this 22nd day of May, 1996.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 96-13384 Filed 5-28-96; 8:45 am]
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