[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Proposed Rules]
[Pages 39093-39095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17753]


      

  Federal Register / Vol. 62, No. 139 / Monday, July 21, 1997 / 
Proposed Rules  

[[Page 39093]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 20 and 40

RIN 3150-AD65


Radiological Criteria for License Termination: Uranium Recovery 
Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Request for additional comment on uranium recovery facilities.

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SUMMARY: The NRC is requesting specific comment on radiological 
criteria for license termination for uranium recovery facilities. This 
action is intended to provide full consideration of the issues 
associated with the decommissioning of these facilities and the 
regulatory options for resolving these issues.

DATES: Submit comments by October 6, 1997. Comments received after this 
date will be considered if it is practicable to do so, but the 
Commission is able to assure consideration only for comments received 
on or before this date.

ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland, between 7:30 am and 4:15 pm on Federal workdays.
    For information on submitting comments electronically, see the 
discussion under Electronic Access in the Supplementary Information 
section.

FOR FURTHER INFORMATION CONTACT: Joseph J. Holonich, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: (301) 415-7238, e-mail 
JJH[email protected]; Duane Schmidt, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: (301) 415-6919, e-mail DWS[email protected]; or Frank Cardile, 
Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone: (301) 415-6185; e-
mail [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 22, 1994 (59 FR 43200), the NRC published a proposed rule 
for comment in the Federal Register to amend 10 CFR part 20 of its 
regulations ``Standards for Protection Against Radiation'' to include 
radiological criteria for license termination (referred to here as the 
``cleanup rule''). The proposed cleanup rule included criteria for 
determining the adequacy of remediation of residual radioactivity 
resulting from the possession or use of source, byproduct, and special 
nuclear material. The scope of the proposed cleanup rule applied to the 
decommissioning of facilities licensed under 10 CFR parts 30, 40, 50, 
60, 61, 70, and 72. Specifically with regard to uranium mills, the 
proposed cleanup rule stated that, for uranium mills, the criteria of 
the rule would apply to the facility but not to the disposal of uranium 
mill tailings or to soil cleanup. The proposed cleanup rule 
(Sec. 20.1401(a)) referred to 10 CFR part 40, Appendix A, where 
criteria for disposal of mill tailings and soil cleanup of radium 
already exist.
    The public comment period for the proposed cleanup rule closed on 
January 20, 1995. Comments received on the proposed rule were 
summarized in NUREG/CR-6353. Comments on the criteria in the proposed 
rule were received from over 100 organizations and individuals 
representing a variety of interests. Viewpoints were expressed both in 
support of and in disagreement with nearly every provision of the rule. 
Specifically with regard to uranium mills, comments on the proposed 
rule generally agreed with the exclusion for disposal of mill tailings 
and soil cleanup. These commenters recommended that the rule also 
exempt conventional thorium and uranium mill facilities and in situ 
leach (ISL) (specifically uranium solution extraction) facilities from 
the scope of coverage because they stated that the decommissioning of 
these sites is covered by Appendix A to 10 CFR part 40 and 40 CFR part 
192.
    In responding to the comments on uranium mills during preparation 
of the final cleanup rule, the Commission considered appropriate 
regulatory options for addressing requirements for cleanup of soil, 
buildings, and groundwater at uranium and thorium mills and ISLs 
(collectively referred to as UR facilities) for unrestricted release of 
the site other than the tailings disposal and reclamation which are 
subject to the requirements of 10 CFR part 40, Appendix A.
    In considering regulatory options for establishing radiological 
criteria for license termination of UR facilities, it is important to 
understand current regulations applicable to remediation of both 
inactive tailings sites, including vicinity properties, and active 
uranium and thorium mills. Under the Uranium Mill Tailings Radiation 
Control Act (UMTRCA) of 1978, as amended, EPA has the authority to set 
cleanup standards for uranium mills and, based on that authority, 
issued regulations in 40 CFR part 192 which contain remediation 
criteria for these facilities. NRC's regulations in 10 CFR part 40, 
Appendix A, apply to the decommissioning of its licensed facilities and 
conform to EPA's standards for uranium mills. At ISLs, the 
decommissioning activities are similar to those at uranium mills and 
consist mainly of the cleanup of byproduct material as defined in 
Section 11e.(2) of the Atomic Energy Act of 1954, as amended.
    Thus, applicable cleanup standards already exist for soil cleanup 
of radium in 10 CFR part 40, Appendix A, Criterion 6(6). Radium is the 
main contaminant at uranium mills in the large areas (20-400 hectares 
(50 to 1000 acres)) where windblown contamination from the tailings 
pile has occurred, and at ISLs (in holding ponds). These standards 
require that the concentration of radium in those large areas not 
exceed the background level by more than 0.19 Bq/gm (5 pCi/gm) in the 
first 15 cm (6 inches) of soil, and 0.56 Bq/gm (15 pCi/gm) for every 15 
cm (6 inches) below the first 15 cm (6 inches). However, in other mill 
and ISL site areas proximate to locations where radium contamination 
exists (e.g., under the mill building, in a yellow cake storage area, 
under/around an ore pad, and at ISLs in soils where spray irrigation 
has occurred as a means of disposal), uranium or thorium would be the 
radionuclide of concern. Because 10 CFR part 40, Appendix A, does not 
codify cleanup criteria for soil contamination from radionuclides other 
than radium, it cannot be used as a standard for uranium and thorium 
cleanup, and existing NRC guidance documents are currently used to 
develop appropriate cleanup levels for these and other radionuclides. 
There is not a similar need to address codifying requirements for 
groundwater at UR facilities because 10 CFR 40, Appendix A, as adopted 
by NRC to conform to EPA regulations in 40 CFR 192, already specifies 
groundwater cleanup standards applicable to tailings impoundments and 
also specifies that standards at UR facilities for groundwater cleanup 
from sources other than the tailings impoundment can be determined on a 
site-specific basis.
    Cleanup of radium to the concentration standards noted above would 
generally result in doses higher than the 0.25 mSv/yr (25 mrem/yr) 
unrestricted use dose criterion of the final cleanup rule. Calculations 
done by

[[Page 39094]]

EPA in support of 40 CFR part 192 indicated that the dose from radium, 
excluding radon, was approximately 0.6 mSv/yr (60 mrem/yr) (the final 
cleanup rule notes that doses from radon would be controlled by cleanup 
of radium which is the principal precursor to radon). In actual 
practice, cleanup of uranium mill tailings results in radium levels 
lower than the 10 CFR part 40 standards, and radium is usually removed 
to background levels during cleanup of uranium and thorium to the 
levels in existing NRC guidance documents.
    As noted above, the Commission considered including criteria in the 
final cleanup rule for radionuclides other than radium (primarily 
uranium or thorium) that would be present in UR facility site areas 
proximate to locations where radium contamination exists (e.g., under 
the mill building, in a yellow cake storage area, under/around an ore 
pad, and at ISLs in soils where spray irrigation has occurred as a 
means of disposal). In this approach, the standard of the final cleanup 
rule would apply to radionuclides other than radium, while the 10 CFR 
40, Appendix A, standard would continue to apply to radium. However, as 
discussed in the final cleanup rule, published in this issue of the 
Federal Register, there are unique technical and regulatory 
complexities associated with decommissioning of UR facilities which 
could cause practical problems in applying the standards of the final 
cleanup rule to UR facilities. In particular, under this approach, 
application of the dose criterion of the final cleanup rule to the 
areas noted above would result in a situation where the cleanup 
standard of that small portion of the mill site would be much lower 
than the standard for the large windblown tailings areas where radium 
is the nuclide of concern. This would result in situations of differing 
criteria being applied across similar areas. This problem would exist 
for contamination in both soils and buildings.
    Thus, in preparing the final cleanup rule, the Commission decided 
to exclude UR facilities from the scope of the final rule to allow 
further consideration of the issues involved. To allow for full 
consideration by the Commission and affected parties of the issues 
associated with decommissioning of UR facilities, the Commission 
decided to publish this separate notice to specifically request 
additional comment on decommissioning criteria for UR facilities (the 
Commission did not reopen the comment period for any of the other 
issues discussed in the rulemaking for the final cleanup rule). In 
publishing the final cleanup rule, the Commission noted that, in the 
interim while comments are being requested, the Commission will 
continue its current practices for decommissioning UR facilities.

II. Discussion

    As noted above, there is an existing standard for radium in soil at 
UR facilities, however, it does not apply to radionuclides other than 
radium at these facilities. A way to address this situation could be to 
establish a criterion whereby the dose from all radionuclides at UR 
facilities, including radium, is set at levels different from either 
the final cleanup rule or the standards in 10 CFR part 40. This would 
involve modifying the radium standards of 10 CFR part 40, Appendix A. 
However, a difficulty with this approach is that the radium cleanup 
standard of 10 CFR part 40, Appendix A, conforms to EPA's cleanup 
standard for uranium mills, and per UMTRCA, the authority to set such 
cleanup standards for uranium mills rests with EPA.
    An approach for setting decommissioning criteria for UR facilities, 
which has been developed in response to the comments received on the 
proposed rule, would be to codify a dose objective for radionuclides 
other than radium in soil and buildings at UR sites consistent with the 
radium cleanup standard already in place for those sites in 10 CFR part 
40, Appendix A, and 40 CFR part 192. Under this approach, UR facilities 
would use the dose from radium in existing 10 CFR part 40 as a 
benchmark for the cleanup of radionuclides other than radium. Thus, in 
this approach, the criterion for cleanup of radionuclides other than 
radium from buildings and soils could be set such that it resulted in a 
dose no greater than the dose resulting from cleanup of radium 
contaminated soil to the standard specified in Criterion 6(6) of 10 CFR 
part 40, Appendix A. Use of this approach would thus allow for 
consistent criteria to be applied across site areas.

III. Request for Additional Comments on Regulatory Options

    The Commission is reopening the public comment period specifically 
to solicit additional comments on the specific standard that should be 
used for cleanup of radionuclides at UR facilities. Commenters are 
requested to provide input for addressing this issue, and specifically 
on the approach discussed above involving the use of the 10 CFR part 
40, Appendix A, radium standard as a benchmark for the cleanup of other 
radionuclides. Based on the comments already received on the proposed 
rule, described in Section I, and on additional comments received in 
response to this request, the Commission will then be in a position to 
prepare a final rule which reflects additional consideration by the NRC 
and affected parties on the approach for setting a standard for UR 
facilities.

IV. Electronic Access

    Comments may be submitted electronically, in either ASCII text or 
WordPerfect format (version 5.1 or later), by calling the NRC 
Electronic Bulletin Board on FedWorld or connecting to the NRC 
interactive rulemaking web site, ``Rulemaking Forum.'' The bulletin 
board may be accessed using a personal computer, a modem, and one of 
the commonly available communications software packages, or directly 
via Internet.
    If using a personal computer and modem, the NRC subsystem on 
FedWorld can be accessed directly by dialing the toll free number: 1-
800-303-9672. Communication software parameters should be set as 
follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Using ANSI or VT-100 terminal emulation, the NRC NUREGs and Reg Guides 
for Comment subsystem can then be accessed by selecting the ``Rules 
Menu'' option from the ``NRC Main Menu.'' For further information about 
options available for NRC at FedWorld, consult the ``Help/Information 
Center'' from the ``NRC Main Menu.'' Users will find the ``FedWorld 
Online User's Guides'' particularly helpful. Many NRC subsystems and 
databases also have a ``Help/Information Center'' option that is 
tailored to the particular subsystem.
    The NRC subsystem on FedWorld can also be accessed by a direct-dial 
telephone number for the main FedWorld BBS, 703-321-3339, or by using 
Telnet via Internet, fedworld.gov. If using 703-321-3339 to contact 
FedWorld, the NRC subsystem will be accessed from the main FedWorld 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be displayed that has an option ``U.S. Nuclear 
Regulatory Commission'' that will take you to the NRC Online main menu. 
The NRC Online area also can be accessed directly by typing ``/go nrc'' 
at a FedWorld command line. If you access NRC from FedWorld's main 
menu, you may return to FedWorld by selecting the ``Return to 
FedWorld'' option from the NRC Online Main Menu. However, if you access 
NRC at FedWorld by using

[[Page 39095]]

NRC's toll-free number, you will have full access to all NRC systems 
but you will not have access to the main FedWorld system.
    If you contact FedWorld using Telnet, you will see the NRC area and 
menus, including the Rules menu. Although you will be able to download 
documents and leave messages, you will not be able to write comments or 
upload files (comments). If you contact FedWorld using FTP, all files 
can be accessed and downloaded but uploads are not allowed; all you 
will see is a list of files without descriptions (normal Gopher look). 
An index file listing all files within a subdirectory, with 
descriptions, is included. There is a 15-minute time limit for FTP 
access.
    Although FedWorld can be accessed through the World Wide Web, like 
FTP that mode only provides access for downloading files and does not 
display the NRC Rules menu.
    You may also access the NRC's interactive rulemaking web site 
through the NRC home page (http://www.nrc.gov). This site provides the 
same access as the FedWorld bulletin board, including the facility to 
upload comments as files (any format), if your web browser supports 
that function.
    For more information on NRC bulletin boards call Mr. Arthur Davis, 
Systems Integration and Development Branch, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail 
AXD[email protected]. For information about the interactive rulemaking site, 
contact Ms. Carol Gallagher, (301) 415-6215; e-mail [email protected].

    Dated at Rockville, Maryland this 1st day of July, 1997.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-17753 Filed 7-18-97; 8:45 am]
BILLING CODE 7590-01-P