[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55520-55522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8012]


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NUCLEAR REGULATORY COMMISSION


Guidance for Receiving Enforcement Discretion When Concentrating 
Uranium at Community Water Systems

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of guidance for receiving enforcement discretion when 
concentrating uranium at community water systems.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is issuing a 
regulatory information summary (RIS) to provide guidance for receiving 
enforcement discretion when concentrating uranium at drinking water 
facilities.

FOR FURTHER INFORMATION CONTACT: Michael K. Williamson, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Mail Stop: T8K3, telephone: 
(301) 415-6234, e-mail: [email protected], or Gary Comfort, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Mail Stop: T8K3, telephone: 
(301) 415-8106, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: NRC Regulatory Issue Summary 2006-20--
Guidance for Receiving Enforcement Discretion When Concentrating 
Uranium at Community Water Systems.

ADDRESSES: All community water systems (CWSs), in U.S. Nuclear 
Regulatory Commission (NRC) non-Agreement States, that during the 
treatment of drinking water, may accumulate and concentrate naturally-
occurring uranium in media, effluents, and other residuals, above 0.05 
percent by weight. CWSs operating in Agreement States \1\ should 
contact their State regulatory agency to determine what requirements 
apply to their operations.
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    \1\ An Agreement State is a State that has entered into an 
agreement with the U.S. Nuclear Regulatory Commission pursuant to 
Section 274b of the Atomic Energy Act, as amended, under which the 
NRC discontinues its Federal authority and the State assumes 
authority under State law for the regulation of certain radioactive 
materials. Therefore, this agreement allows the State to regulate 
the use of radioactive material within that State.
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Intent

    The NRC is issuing this regulatory issue summary (RIS), to inform 
addressees and other stakeholders of NRC's implementation of a policy 
of enforcement discretion for CWSs. Under this policy, CWSs, in non-
Agreement States, that concentrate naturally-occurring uranium above 
0.05 percent by weight in media, effluents, and other residuals during 
the treatment of drinking water will not be required to apply for a NRC 
specific license while they remain eligible for enforcement discretion.

Background

    In 1991, the U.S. Environmental Protection Agency (EPA) proposed 
changes to the current radionuclide standard for uranium in drinking 
water. On December 7, 2000 (65 FR 76707), the EPA issued new standards 
for the uranium content in drinking water. In the final rulemaking, EPA 
set a maximum contaminant level (MCL) of 30 micrograms per liter (30 
[mu]g/L), equivalent to 30 parts per billion, for uranium in drinking 
water. EPA's detailed technical and legal basis supporting this level 
can be found on pages 76712-76716 of the December 7, 2000, final rule.
    The Atomic Energy Act of 1954, as amended,\2\ provides the NRC with 
regulatory authority over source material (which includes uranium and 
thorium) after its removal from its place of deposit in nature. NRC has 
issued regulations for source material in Title 10, Code of Federal 
Regulations (10 CFR) Part 40, ``Domestic Licensing of Source 
Material.'' Part 40 defines ``source material,'' in part, as meaning 
uranium ``in any physical or chemical form.'' In accordance with 10 CFR 
40.13(a), the NRC regards uranium in any solution (e.g., water) in 
which the uranium is by weight less than one-twentieth of 1 percent 
(0.05 percent or 335 picocuries per gram [pCi/g] for natural uranium) 
of the solution as an ``unimportant quantity'' of source material. Any 
CWS possessing such unimportant quantities of uranium would not need an 
NRC license under the 10 CFR 40.13(a) exemption. If a CWS possesses 
more than an unimportant quantity of uranium, but less than 15 pounds 
of uranium at any one time and less than 150 pounds of uranium in any 
one calendar year, the CWS may operate under the existing general 
license in 10 CFR 40.22, ``Small quantities of source material.'' A CWS 
operating under the general license in 10 CFR 40.22 is not required to 
formally notify NRC that it is operating under the conditions of that 
general license.
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    \2\ The Energy Policy Act of 2005 expanded NRC's regulatory 
authority to include discrete sources of radium-226, but not diffuse 
sources of radium-226. Diffuse sources are considered to include 
radium-226 as it occurs in nature or as a result of other processes 
where radium-226 may be unintentionally concentrated (such as in 
residuals from the treatment of water to meet drinking water 
standards). Therefore, NRC does not regulate radium-226 at drinking 
water facilities.
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    Although some CWSs may be able to treat for uranium and remain 
within the conditions of 10 CFR 40.13(a) or 10 CFR 40.22, NRC expects 
many CWSs will possess uranium in quantities exceeding those limits. 
Without enforcement discretion, such CWSs located in non-Agreement 
States would be required to apply for specific NRC source material 
licenses to possess, process, and transfer

[[Page 55521]]

the accumulated uranium, pursuant to 10 CFR 40.31 ``Application for 
specific licenses.''
    Similarly, CWSs in Agreement States may also be required, under 
appropriate State regulations, to obtain a license for authorization to 
possess, process, and transfer the uranium at concentrations greater 
than 0.05 percent by weight.
    Based on the expectation of relatively low impacts to public health 
and safety and the environment during normal operations, and because 
NRC recognizes that the cost of obtaining a specific license can be 
burdensome, NRC has begun a rulemaking to establish a new class of 
general licenses. This new general license will be specific to CWSs 
that concentrate uranium above 0.05 percent by weight, in response to 
meeting EPA's MCLs (including the inadvertent concentration of uranium 
while treating other contaminants in the water). The new general 
license will ensure that public health and safety and the environment 
remain adequately protected.

Summary of Issue

    While a new general license for CWSs is being developed, CWSs in 
non-Agreement States, concentrating uranium above 0.05 percent by 
weight, will be allowed to operate under enforcement discretion. Absent 
enforcement discretion, such CWSs would have to apply for a specific 
NRC license as required by 10 CFR 40.31. Enforcement discretion 
exercised by NRC does not remove or modify any obligations for the CWS 
to meet the requirements of other regulatory agencies.

Requested Information

    To be eligible for enforcement discretion,\3\ the CWS operator must 
submit a notification to NRC stating an intent to operate under 
enforcement discretion. This notification must be submitted no later 
than 30 days after the CWS operator becomes aware that the 
concentration of the source material possessed by the CWS exceeds 0.05 
percent by weight, and the quantity of source material possessed by the 
CWS exceeds more than 15 pounds of uranium at any one time or more than 
150 pounds in any one calendar year. The notification must include the 
facility name and address, owner of the facility, and form of the 
effluent, media, or residual that exceeds 0.05 percent by weight. The 
notification shall also identify a point of contact, including a 
mailing address, telephone number, and e-mail address (if available).
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    \3\ Compliance with the conditions in this RIS is not mandatory 
unless the CWS notifies NRC of its intent to operate under 
enforcement discretion. However, if the CWS does not meet these 
conditions, concentrates uranium to levels greater than 0.05 
percent, and exceeds the general license conditions in 10 CFR 40.22, 
enforcement discretion will not be exercised, the CWS may be issued 
a notice of violation and be subject to civil penalties, and the CWS 
will be required to apply for a specific license in accordance with 
10 CFR 40.31.
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    The notification may be sent as written correspondence to: RIS 06-
020, Project Manager, ATTN: Intent to Operate per RIS 06-020, U.S. 
Nuclear Regulatory Commission, Mail Stop: T8-F3, Washington, DC 20555-
0001, or by sending an e-mail with the requested information to: 
[email protected].

Conditions for Enforcement Discretion 4
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    \4\ Although NRC plans to use conditions discussed in this RIS 
in the development of the new general license, it should be noted 
that the final rule for the new general license may contain 
conditions that are different, or additional to those discussed in 
this RIS.
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    In addition to notifying the NRC of its intent to operate under 
enforcement discretion, the CWS must comply with the following 
conditions to be eligible for enforcement discretion:
1. Records
    The CWS will retain the following records for three years after the 
transfer or disposal of material containing uranium:
    (A) Amount of uranium transferred from the CWS site;
    (B) To whom it was transferred; and
    (C) Average concentration of uranium in each shipment.
2. Storage, Transfer, and Disposal
    When filter media (or other materials, such as sludge) contain 
greater than 0.05 percent by weight of uranium, and are no longer 
actively used by the CWS to meet EPA's uranium MCL, the material 
containing the uranium is to be transported from the CWS in accordance 
with applicable Department of Transportation regulations. Transfer of 
the material containing the uranium must be as follows:
    (A) To a facility authorized to possess the source material (e.g., 
a person authorized by a license for possession of uranium issued by 
NRC or an NRC Agreement State); or
    (B) For disposal at a facility authorized to accept radioactive 
material of the form and type generated by the CWS.
    While awaiting transfer, the material containing the uranium must 
be stored in a manner that will not allow for the release of the 
uranium or unnecessarily expose the CWS workers. Materials containing 
uranium, at concentrations greater than 0.05 percent, and that are no 
longer actively being used as part of the drinking water treatment 
process, must be removed from the CWS within 90 days from the time they 
were removed from service. In addition, while in storage, the material 
containing the uranium must be kept in an area that provides 
containment (e.g., a catch basin) in case of a spill.
3. Processing Restrictions
    The CWS shall implement new procedures, or use existing procedures 
for hazardous chemicals to allow employees to safely handle and operate 
equipment used to process or contain the uranium, concentrated greater 
than 0.05 percent by weight, during normal operations. These procedures 
should limit the possibility that employees are able to inhale or 
ingest the uranium.
    Enforcement discretion only applies to those activities required to 
meet EPA's MCL. Additional intentional concentration, or processing of 
the uranium captured on the filter media, after removal from the 
drinking water treatment process, is not permitted under this policy of 
enforcement discretion, and shall only be done in accordance with a 
specific license issued by NRC, or an Agreement State.
    Backwashing, or other procedures required for normal operation of 
the filter media, is permitted as long as the uranium is captured, 
stored, and transferred, as appropriate, in accordance with the 
transfer procedures in Section 2, ``Storage, Transfer, and Disposal,'' 
above. If allowed by local pretreatment permits, discharge of residuals 
containing uranium to sanitary sewers must be below the lesser of any 
local regulations, permit requirements, or 3 picocuries of uranium per 
milliliter (3 pCi/ml).
    A CWS operating under this policy of enforcement discretion may not 
intentionally dilute the uranium after it is concentrated, except as 
part of normal operation of its equipment (e.g., backwashing).
4. Off-Normal Operations
    A CWS must have written procedures to mitigate the impacts of a 
spill, or other accident involving the concentrated uranium. The 
facility must immediately take action to clean-up or mitigate the 
impacts of a spill or accident in accordance with its procedures, and 
provide written notification to the NRC (to the address above to which 
the original notification was sent) within 30 days of the incident. 
Spilled materials, containing uranium removed from drinking water, must 
not be allowed to adversely affect the

[[Page 55522]]

surrounding environment or CWS workers, or be allowed to re-enter the 
water treatment system.
5. Posting and Labeling
    A CWS operating under enforcement discretion must ensure that the 
equipment containing uranium, in concentrations greater than 0.05 
percent by weight, is clearly labeled and must provide sufficient 
information (such as the radionuclide present or ``Caution--Radioactive 
Materials'') to permit individuals handling or using the containers, or 
working in the vicinity of the containers, to take precautions or 
minimize exposures. Areas, such as sludge ponds, containing the uranium 
in concentrations greater than 0.05 percent by weight, should be posted 
with a conspicuous sign or signs bearing the radiation symbol and the 
words ``CAUTION, RADIOACTIVE MATERIALS.''
6. Criteria for Terminating Operation Under Enforcement Discretion
    Enforcement discretion will apply until either:
    (A) NRC amends its regulations to create a new general license for 
CWSs, or decides to no longer pursue a new regulation;
    (B) The CWS obtains a specific license from the NRC or an Agreement 
State; or
    (C) The CWS ceases operations. If this is the case, it shall 
decommission/decontaminate the facility in accordance with 10 CFR Part 
20, Subpart E, ``Radiological Criteria for License Termination.''
    Enforcement discretion may be rescinded if the CWS is not meeting 
the above objectives, or in NRC's opinion, the CWS cannot operate 
safely under the enforcement discretion policy.
    If the NRC modifies or ceases its policy of enforcement discretion, 
the NRC will appropriately modify or rescind the RIS, and will notify 
all affected CWSs of such changes.
7. Enforcement Guidance
    Enforcement guidance has been developed and is located on NRC's Web 
site at http://www.nrc.gov/reading-rm/basic-ref/enf-man/app-a.html.


    Note: NRC generic communications may be found on the NRC public 
Web site, http://www.nrc.gov, under Electronic Reading Room/Document 
Collections.


    Dated at Rockville, Maryland, this 14th day of September 2006.
Patricia K. Holahan,
Acting Director, Division of Industrial and Medical Nuclear Safety, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 06-8012 Filed 9-21-06; 8:45 am]
BILLING CODE 7590-01-P