Guidance for Receiving Enforcement Discretion When Concentrating Uranium at Community Water Systems, 55520-55522 [06-8012]
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55520
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices
BILLING CODE 7590–01–P
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 naturallyoccurring 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.
NUCLEAR REGULATORY
COMMISSION
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 µg/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 onetwentieth 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.
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 nonAgreement States would be required to
apply for specific NRC source material
licenses to possess, process, and transfer
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.
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 radium226 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.
your comments. You may submit
comments by any of the following
methods:
• Mail comments to Rules and
Directives Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001 (MS T–6 D59).
• Hand-deliver comments to Rules
and Directives Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike,
Rockville, Maryland 20852, between
7:30 a.m. and 4:15 p.m. on Federal
workdays.
• Fax comments to Rules and
Directives Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission, at (301) 415–5144.
• E-mail comments to
NRCREP@nrc.gov.
• Submit comments via the NRC’s
rulemaking Web site at https://
ruleforum.llnl.gov.
Contact Information: The header on
the first page of each DG will specify the
name and telephone number of the
cognizant NRC staff member. Comments
and questions about our rulemaking
Web site should be addressed to Carol
A. Gallagher at (301) 415–5905 or by email to CAG@nrc.gov. Contact
information for use in obtaining printed
or electronic copies of the proposed DGs
is provided in the section on
Availability and Dates. Contact
information for use in submitting
comments is provided in the section on
Comment Procedures. Comments or
questions about the NRC’s revision of
regulatory guides to support new reactor
licensing should be addressed to Jimi T.
Yerokun at (301) 415–0585 or by e-mail
to JTY@nrc.gov.
For the U.S. Nuclear Regulatory
Commission.
Dated at Rockville, Maryland, this 14th day
of September, 2006.
sroberts on PROD1PC70 with NOTICES
Farouk Eltawila,
Director, Division of Risk Assessment and
Special Projects, Office of Nuclear Regulatory
Research.
[FR Doc. 06–8016 Filed 9–21–06; 8:45 am]
Guidance for Receiving Enforcement
Discretion When Concentrating
Uranium at Community Water Systems
Nuclear Regulatory
Commission.
ACTION: Notice of guidance for receiving
enforcement discretion when
AGENCY:
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20:37 Sep 21, 2006
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concentrating uranium at community
water systems.
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, email: mkw1@nrc.gov, 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: gcc1@nrc.gov.
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) nonAgreement States, that during the
treatment of drinking water, may
accumulate and concentrate naturallyoccurring 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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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices
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 nonAgreement 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.
sroberts on PROD1PC70 with NOTICES
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.
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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20:37 Sep 21, 2006
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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).
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:
2006UraniumRIS@nrc.gov.
Conditions for Enforcement Discretion 4
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
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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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
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices
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
sroberts on PROD1PC70 with NOTICES
Enforcement guidance has been
developed and is located on NRC’s Web
site at https://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, https://
www.nrc.gov, under Electronic Reading
Room/Document Collections.
VerDate Aug<31>2005
20:37 Sep 21, 2006
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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
OFFICE OF MANAGEMENT AND
BUDGET
Standards and Guidelines for
Statistical Surveys
Office of Management and
Budget, Executive Office of the
President.
ACTION: Notice of decision.
AGENCY:
SUMMARY: As part of an ongoing effort to
improve the quality, objectivity, utility,
and integrity of information collected
and disseminated by the Federal
Government, the Office of Management
and Budget (OMB) is issuing revised
Standards and Guidelines for Statistical
Surveys. OMB proposed revised
standards and requested public
comment on July 14, 2005 (70 FR
40746–40747). The proposed standards
were based on recommendations from
the Federal Committee on Statistical
Methodology’s (FCSM) Subcommittee
on Standards for Statistical Surveys
whose charge was to update and revise
OMB Statistical Policy Directive No. 1,
Standards for Statistical Surveys, and
OMB Statistical Policy Directive No. 2,
Publication of Statistics. The guidance,
which applies to all Federal agencies
subject to the Paperwork Reduction Act
of 1995, is intended to ensure that the
results of statistical surveys sponsored
by the Federal Government are as
reliable and useful as possible. OMB
received six public comments on the
proposed standards and has made some
modifications to the proposed standards
and guidelines in response to these
comments. OMB is now issuing these
Standards and Guidelines for Statistical
Surveys as final, and they are available
in their entirety along with the public
comments and OMB’s summary of and
response to the public comments on the
OMB Web site at https://
www.whitehouse.gov/omb/inforeg/
statpolicy.html.
Authority: 44 U.S.C. 3504(e)(3).
FOR FURTHER INFORMATION CONTACT:
Brian Harris-Kojetin, Ph.D., Statistical
and Science Policy Office, Office of
Information and Regulatory Affairs,
Office of Management and Budget,
NEOB, Room 10201, 725 17th Street,
NW., Washington, DC 20503.
Telephone: 202–395–3093.
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SUPPLEMENTARY INFORMATION:
Background
Statistics collected and published by
the Federal Government constitute a
significant portion of the available
information about the United States’
economy, population, natural resources,
environment, and public and private
institutions. These data are used by the
Federal Government and others as a
basis for actions that affect people’s
lives and well-being. It is essential that
they be collected, processed, and
published in a manner that guarantees
and inspires confidence in their
reliability. The statistical programs of
the Federal Government are
decentralized among more than 70
agencies or organizational units. It is
therefore also essential that, to the
extent permitted by law, there be
sufficient government-wide uniformity
in statistical methods and practices to
ensure the maximum usefulness of the
statistics produced.
The Paperwork Reduction Act of 1995
(PRA; 44 U.S.C. 3504) gives the Director
of OMB broad responsibility for
improving the usefulness of information
collected, maintained, and disseminated
by the Federal Government and for
reducing the reporting burden on the
public. Among the Director’s functions
under the PRA are statistical policy and
coordination, which includes the
development and implementation of
‘‘Government-wide policies, principles,
standards, and guidelines concerning (a)
statistical collection procedures and
methods; (b) statistical data
classification; (c) statistical information
presentation and dissemination; (d)
timely release of statistical data; and (e)
such statistical data sources as may be
required for the administration of
Federal programs’’ (44 U.S.C. 3504
(e)(3)). The Administrator for the Office
of Information and Regulatory Affairs in
OMB has the responsibility to ‘‘develop
programs and prescribe regulations to
improve the compilation, analysis,
publication, and dissemination of
statistical information by executive
agencies’’ (31 U.S.C. 1104 (d)).
The revised Standards and Guidelines
for Statistical Surveys provide guidance
for designing, conducting, and
disseminating statistical surveys and
studies sponsored by Federal agencies.
The standards and guidelines are
intended to ensure that such surveys
and studies are designed to produce
reliable data as efficiently as possible
and that methods are documented and
results presented in a manner that
makes the data as accessible and useful
as possible.
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Agencies
[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55520-55522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8012]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: mkw1@nrc.gov, 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: gcc1@nrc.gov.
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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:
2006UraniumRIS@nrc.gov.
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 https://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, https://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