[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Proposed Rules]
[Pages 1559-1560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-347]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 32

[Docket No. PRM-32-6; NRC-2009-0547]


Association of State and Territorial Solid Waste Management 
Officials; Notice of Receipt of Petition for Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; Notice of receipt.

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SUMMARY: The Nuclear Regulatory Commission (NRC) has received and 
requests public comment on a petition for rulemaking dated November 6, 
2009, filed by the Association of State and Territorial Solid Waste 
Management Officials (ASTSWMO) (petitioner). The petition was docketed 
by the NRC and has been assigned Docket No. PRM-32-6. The petitioner 
requests that the NRC amend its regulations and/or guidance to improve 
the labeling and accountability of tritium exit signs.

DATES: Submit comments by March 29, 2010. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to assure consideration only for comments received on or before 
this date.

ADDRESSES: Please include Docket ID NRC-2009-0547 in the subject line 
of your comments. Comments submitted in writing or in electronic form 
will be posted on the NRC Web site and on the Federal rulemaking Web 
site Regulations.gov. Because your comments will not be edited to 
remove any identifying or contact information, the NRC cautions you 
against including any information in your submission that you do not 
want to be publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    You may submit comments by any one of the following methods:
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2009-0547. Comments may 
be submitted electronically through this Web site. Address questions 
about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
[email protected].
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: [email protected]. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone 
301-415-1677).
    You can access publicly available documents related to this 
document using the following methods:
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2009-0547.
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Room O1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected].
    You may also obtain a copy of the petition from ADAMS under 
accession number ML093410012.

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking 
and Directives Branch, Division of Administrative Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, Telephone 301-492-3663, toll free 800-368-5642, 
[email protected].

SUPPLEMENTARY INFORMATION: 

The Petitioner

    The petitioner is an organization representing the managers of 
solid waste, hazardous waste, remediation, and underground storage tank 
programs of the States and territories. The petitioner states it is 
tasked with identifying national level radiation issues of concern and 
promoting partnerships between States and Federal agencies to address 
these issues. The

[[Page 1560]]

petitioner states it has been working with the U.S. Environmental 
Protection Agency since 2002 to improve public information about 
existing tritium exit signs.

Background and Summary of Petitioner's Assertions

    The petitioner performed an evaluation on the lack of control of 
tritium exit signs and contamination of landfill leachate (the final 
report ``Lack of Tritium Exit Signs Control and Contamination of 
Landfill Leachate,'' dated July 2009, is included as part of the 
petition), and stated that it found that the majority of unaccounted 
for tritium exit signs are disposed of in solid waste landfills where 
they become potential sources of groundwater and surface water 
contamination. The petitioner states that a minority of tritium exit 
signs are returned to the manufacturer for recycling, or disposed of as 
low-level radioactive waste.
    The petitioner asserts that from the standpoint of the existing 
market, specific changes to new tritium exit signs will improve 
recognition and thus accountability. The labeling should be in several 
locations on the sign, with a larger font, and the expiration date 
should be distinctly legible to a fire or building inspector without 
taking down the sign. The petitioner also states that manufacturers do 
not always demonstrate accountability in dispensing exit signs to the 
proper recipients, and recipients are not informed of proper ownership 
and regulatory requirements provided in NUREG-1556, Vol 16, Appendix L, 
and 10 CFR 31.5 of the NRC's regulations. The online vendors do not 
always highlight that tritium is radioactive and that it has special 
``general licensing'' requirements. The petitioner asserts that 
radiation trefoil should be displayed on the front and back of 
advertisements.
    The petitioner believes that, given the recent Walmart experience 
with the tritium exit signs, general licensing is successful only when 
the user understands that these devices are radioactive and subject to 
controls. Also, in light of the current general lack of controls, 
specific licensee manufacturers should be responsible for informing 
customers of the proper disposal of expired and used tritium exit 
signs. From the standpoint of solid waste management officials, the 
petitioner believes that the NRC should exercise its full regulatory 
authority to prevent the disposal of tritium exit signs in landfills.
    The petitioner further asserts that, though not in NRC's purview, 
advances in photo-luminescent technology over the past decade have 
demonstrated effective alternate technology for places without 
electricity. Efficient Light Emitting Diodes with backup batteries are 
being used where electricity is available. These technologies together 
replace the need for tritium self-luminescent exit signs. The 
petitioner states that solid waste management officials simply want to 
stop tritium exit sign disposal in landfills.

Proposed Action

    The petitioner requests that the NRC revise its regulations and/or 
guidance to improve the labeling and accountability of tritium exit 
signs. The petitioner states that it would ideally like to see tritium 
exit sign technology immediately replaced by alternative technologies.
    The petitioner requests that NRC revise its regulations and/or 
guidance to state:
    1. The labeling should be in several locations on the sign, with 
larger font.
    2. An expiration date should be distinctly legible to a fire or 
building inspector without taking down the sign.
    3. The radiation trefoil should be displayed on the front and back 
of advertisements.
    Also, the petitioner recommends a national collection effort with 
distinct milestones and goals should be undertaken to consolidate all 
expired and disused tritium exit signs. The petitioner requests that 
NRC organize a meeting with ASTSWMO and all interested stakeholders to 
set a new path forward on this issue.

    Dated at Rockville, Maryland, this 6th day of January 2010.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2010-347 Filed 1-11-10; 8:45 am]
BILLING CODE 7590-01-P