[Federal Register Volume 64, Number 99 (Monday, May 24, 1999)]
[Notices]
[Pages 28014-28015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13020]


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NUCLEAR REGULATORY COMMISSION


Proposed Grant Program for Agreement States for Formerly NRC-
Licensed Sites; Public Comment

AGENCY: Nuclear Regulatory Commission.

ACTION: Request for public comment.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is seeking stakeholder 
views on a proposal to pursue a separate appropriation from the General 
Fund. The separate appropriation would make funds available through a 
grant program to assist Agreement States in completing file reviews, 
and remediation in certain cases, for sites formerly licensed by the 
NRC. Based on review of files for previously terminated licenses, the 
NRC has identified a number of sites for which there is insufficient 
documentation on site decommissioning or sealed source disposition. If 
the site is located in an Agreement State, any radioactive material 
present at the site is subject to Agreement State regulatory 
jurisdiction.

DATES: Submit written comments by June 18, 1999. Comments received 
after this date will be considered if it is practical to do so, but the 
NRC is able to ensure consideration only for comments received on or 
before this date.

ADDRESSES: Submit written comments to: Chief, Rules and Directives 
Branch, Mail Stop: T6-d59, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001 or by Internet electronic mail at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Dennis Sollenberger, Office of State 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, by telephone 301-415-2819 or by Internet electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The NRC has been reviewing files for previously terminated licenses 
to determine whether there was appropriate documentation in the files 
that the sites were adequately decontaminated prior to termination of 
the license and release of the site. This project was initiated in 1977 
for licenses terminated prior to 1965. Subsequent effort was initiated 
in 1989 for licenses terminated after 1965, which was later expanded to 
include all terminated licenses. A number of files have been identified 
for which there is insufficient documentation about site 
decommissioning or sealed source disposition.
    Radioactive material remaining at a site located within an 
Agreement State, including material originally licensed by the NRC or 
its predecessor, is the regulatory responsibility of the Agreement 
State. Therefore, an Agreement State has jurisdiction for license file 
reviews, initial site investigations, and remediation of any sites 
identified as being contaminated, and any sites where the file has 
inadequate accounting of sealed sources.

Discussion

    The NRC staff has analyzed options relating to NRC formerly 
licensed sites located in Agreement States. This

[[Page 28015]]

information is set out in Commission Paper--SECY-28-273, ``Potential 
Funding Assistance for Agreement States for Closure of Formerly 
Terminated NRC Licenses'' dated November 20, 1998. In this paper, the 
NRC staff reports on Agreement State and NRC staff actions and presents 
options and recommendations for funding Agreement States' efforts in 
addressing this issue.
    The Commission responded to this paper through issuance of a Staff 
Requirement Memorandum (SRM) for SECY-98-273. In this memorandum, the 
Commission approved the NRC staff recommendation to continue Agreement 
State jurisdiction over formerly licensed sites and to develop a grant 
program to make funds available to Agreement States for file review and 
remediation in certain cases. The recommended option is to pursue a 
separate appropriation from the General Fund. This separate 
appropriation, if approved, would fund Agreement States, through 
grants, to assist in completing file reviews and the remediation of 
formerly NRC-licensed sites in certain cases. Such cases include sites 
when no responsible party can be located, or the responsible party does 
not have the resources to conduct the remediation, and the site does 
not qualify for cleanup under the Comprehensive Environmental Response, 
Compensation, and Liability Act.
    In the SRM for SECY-98-273, the Commission directed the staff to 
seek stakeholder views before pursuing a General Fund appropriation. 
Public comments are requested on:
     The option of pursuing a separate appropriation from the 
General Fund to establish a fund for use by Agreement States through 
grants to assist in file reviews and, when necessary, the remediation 
of formerly NRC-license sites.
     Aspects that should be considered in development of a 
decision framework that describes how NRC would allocate the 
appropriated funds, if approved, to individual Agreement States.
     Aspects that NRC should consider in development of a grant 
program for providing funds, if approved, to individual Agreement 
States to ensure a relatively fair and equitable allocation of 
available funds. For example, the funds could be provided to individual 
Agreement States based on the estimated cost for each site to comply 
with a 25 millirem/year public dose standard. Additional risk-ranking 
of the sites may also be necessary in the event that appropriated funds 
are less than requested.
     Additional information on cost estimates for site 
remediation (See cost estimates stated in SECY-28-273. Also see all 
Agreement States letter SP-99-016.)
    The above three documents, SECY-28-273, SRM-SECY-28-273 and SP-99-
016, are available on the NRC homepage at: http://www.hsrd.ornl.gov/
nrc/agstates/program/sp99016.pdf

    Dated at Rockville, Maryland, this 18th day of May 1999.

    For the Nuclear Regulatory Commission.
Paul H. Lohaus,
Director, Office of State Programs.
[FR Doc. 99-13020 Filed 5-21-99; 8:45 am]
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