Nuclear Regulatory Commission June 2011 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) is issuing a final Supplemental Environmental Impact Statement (SEIS) to the Generic Environmental Impact Statement for In- Situ Leach Uranium Milling Facilities (GEIS), (NUREG-1910, Supplement 3) for the Lost Creek In-Situ Recovery Project in Sweetwater County, Wyoming. By letter dated October 30, 2007, Lost Creek ISR, LLC (LCI), a wholly-owned subsidiary of UR-Energy USA, Inc. submitted an application to the NRC for a new source and byproduct material license for the Lost Creek ISR Project, which LCI proposed to be located in the Great Divide Basin in Sweetwater County, Wyoming. LCI is proposing to recover uranium from the Lost Creek ISR Project site using the in-situ leach (also known as the in-situ recovery [ISR]) process. In this final SEIS, the NRC staff assessed the environmental impacts from the construction, operation, aquifer restoration, and decommissioning of the proposed Lost Creek ISR Project. In addition to the proposed action, the NRC staff assessed two alternatives in the final SEIS: An alternative that would result in dry yellowcake production at the proposed Lost Creek ISR Project and the No-Action Alternative. In addition, the NRC staff evaluated alternative wastewater disposal options to the proposed action of disposing of liquid effluent via Class I disposal wells. Under the No-Action alternative, NRC would deny LCI's request to construct, operate, conduct aquifer restoration, and decommission an ISR facility at Lost Creek. Alternatives that were considered, but were eliminated from detailed analysis, included conventional mining and milling or heap leach processing. However, given the substantial environmental impact from implementing these alternatives, they were not further considered. The NRC staff also evaluated alternate lixiviants. For reasons discussed in the SEIS, this alternative was also eliminated from detailed analysis. As discussed in Section 2.4 of the final SEIS, unless safety issues mandate otherwise, the NRC staff's recommendation to the Commission related to the environmental aspects of the proposed action is that the source and byproduct material license be issued as requested. This recommendation is based upon: (1) The license application, including the environmental and technical report submitted by LCI and the applicant's supplemental letters and responses to the NRC staff's requests for additional information; (2) consultation with Federal, State, Tribal, and local agencies; (3) the NRC staff's independent review; (4) the NRC staff's consideration of comments received on the draft SEIS; and (5) the assessments summarized in this SEIS. The final SEIS for the Lost Creek ISR Project may be accessed on the Internet at https://www.nrc.gov/reading-rm/doc-collections/nuregs/ staff/sr1910/s3/. Additionally, the NRC maintains an Agencywide Documents and Management System (ADAMS), which provides text and image files of the NRC's public documents. The SEIS may also be accessed online at NRC's Library at: https://www.nrc.gov/ reading-rm/adams.html. The final ``Environmental Impact Statement for the Lost Creek ISR Project in Sweetwater County, WyomingSupplement to the Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities'' is available electronically under ADAMS Accession Number ML11125A006. If you do not have access to ADAMS or if there is a problem accessing documents located in ADAMS, contact the NRC Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail pdr.resource@nrc.gov. Information and documents associated with the final SEIS are also available for inspection at the NRC's PDR, NRC's Headquarters Building, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2783. For those without access to the Internet, paper copies of any electronic documents may be obtained for a fee by contacting the NRC's PDR at 1-800-397-4209. The final SEIS and related documents may also be found at the following public libraries:

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending the licensing, inspection, and annual fees charged to its applicants and licensees. The amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2011, not including amounts appropriated from the Nuclear Waste Fund (NWF), amounts appropriated for Waste Incidental to Reprocessing (WIR), and amounts appropriated for generic homeland security activities. Based on the Department of Defense and Full-Year Continuing Appropriations Act, 2011, signed by the President on April 15, 2011, the NRC's required fee recovery amount for the FY 2011 budget is approximately $915.8 million. After accounting for billing adjustments, the total amount to be billed as fees is approximately $916.2 million.

The NRC is amending its regulations to incorporate by reference the 2005 Addenda (July 1, 2005) and 2006 Addenda (July 1, 2006) to the 2004 ASME Boiler and Pressure Vessel Code, Section III, Division 1; 2007 ASME Boiler and Pressure Vessel Code, Section III, Division 1, 2007 Edition (July 1, 2007), with 2008a Addenda (July 1, 2008); 2005 Addenda (July 1, 2005) and 2006 Addenda (July 1, 2006) to the 2004 ASME Boiler and Pressure Vessel Code, Section XI, Division 1; 2007 ASME Boiler and Pressure Vessel Code, Section XI, Division 1, 2007 Edition (July 1, 2007), with 2008a Addenda (July 1, 2008); and 2005 Addenda, ASME OMa Code-2005 (approved July 8, 2005) and 2006 Addenda, ASME OMb Code-2006 (approved July 6, 2006) to the 2004 ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code). The NRC is also incorporating by reference (with conditions on their use) ASME Boiler and Pressure Vessel Code Case N-722-1, ``Additional Examinations for PWR Pressure Retaining Welds in Class 1 Components Fabricated with Alloy 600/82/182 Materials, Section XI, Division 1,'' Supplement 8, ASME approval date: January 26, 2009, and ASME Boiler and Pressure Vessel Code Case N-770-1, ``Alternative Examination Requirements and Acceptance Standards for Class 1 PWR Piping and Vessel Nozzle Butt Welds Fabricated With UNS N06082 or UNS W86182 Weld Filler Material With or Without Application of Listed Mitigation Activities, Section XI, Division 1,'' ASME approval date: December 25, 2009.

The U.S. Nuclear Regulatory Commission (NRC) is requesting public comment on the proposed model safety evaluation (SE) for plant- specific adoption of Technical Specifications (TS) Task Force (TSTF) Traveler TSTF-510, Revision 2, ``Revision to Steam Generator Program Inspection Frequencies and Tube Sample Selection.'' TSTF-510, Revision 2, is available in the Agencywide Documents Access and Management System (ADAMS) under Accession Number ML110610350, and includes a model application. The proposed change revises the Improved Standard Technical Specification (ISTS), NUREGs-1430, -1431, and -1432, Specification 5.5.9, ``Steam Generator (SG) Program,'' 5.6.7, ``Steam Generator Tube Inspection Report,'' and the SG Tube Integrity specification (Limiting Condition for Operation (LCO) 3.4.17, LCO 3.4.20, and LCO 3.4.18 in ISTS NUREG-1430, -1431, and -1432, respectively). The proposed changes are necessary to address implementation issues associated with the inspection periods, and address other administrative changes and clarifications. The model SE will facilitate expedited approval of plant-specific adoption of TSTF- 510, Revision 2. This TS improvement is part of the consolidated line item improvement process (CLIIP).

The NRC invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: NRC Form 241, ``Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters.'' 2. Current OMB approval number: 3150-0013. 3. How often the collection is required: NRC Form 241 must be submitted each time an Agreement State licensee wants to engage in or revise its activities involving the use of radioactive byproduct material in a non-Agreement State, areas of exclusive Federal jurisdiction, or offshore waters. The NRC may waive the requirements for filing additional copies of NRC Form 241 during the remainder of the calendar year following receipt of the initial form. 4. Who will be required or asked to report: Any licensee who holds a specific license from an Agreement State and wants to conduct the same activity in non-Agreement States, areas of exclusive Federal jurisdiction, or offshore waters under the general license in 10 CFR 150.20. 5. The number of annual respondents: 172 respondents. 6. The total number of hours needed annually to complete the requirement or request: 482 hours (86 hours for initial submission + 119 hours for changes + 277 hours for clarification). 7. Abstract: Any Agreement State licensee who engages in the use of radioactive material in non-Agreement States, areas of exclusive Federal jurisdiction, or offshore waters, under the general license in Section 150.20, is required to file, with the NRC regional administrator for the region in which the Agreement State that issues the license is located, a copy of NRC Form 241 (``Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters''), a copy of its Agreement State specific license, and the appropriate fee as prescribed in Section 170.31 at least 3 days before engaging in such activity. This mandatory notification permits NRC to schedule inspections of the activities to determine whether the activities are being conducted in accordance with requirements for protection of the public health and safety. Submit, by August 16, 2011, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied for a fee publicly available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. OMB clearance requests are available at the NRC Web site: https://www.nrc.gov/public-involve/doc- comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. 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. Comments submitted should reference Docket No. NRC- 2011-0125. You may submit your comments by any of the following methods: Electronic comments: Go to https://www.regulations.gov and search for Docket No. NRC-2011-0125. Mail comments to NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-6258, or by e-mail to INFOCOLLECTS.Resource@nrc.gov.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to improve decommissioning planning and thereby reduce the likelihood that any current operating facility will become a legacy site. The amended regulations require licensees to conduct their operations to minimize the introduction of residual radioactivity into the site, which includes the site's subsurface soil and groundwater. Licensees also may be required to perform site surveys to determine whether residual radioactivity is present in subsurface areas and to keep records of these surveys with records important for decommissioning. The amended regulations require licensees to report additional details in their decommissioning cost estimate (DCE), eliminate the escrow account and line of credit as approved financial assurance mechanisms, and modify other financial assurance requirements. The amended regulations require decommissioning power reactor licensees to report additional information on the costs of decommissioning and spent fuel management.

The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste and Reactor-Related Greater than Class C Waste. 2. Current OMB approval number: 3150-0132. 3. How often the collection is required: Required reports are collected and evaluated on a continuing basis as events occur; submittal of reports varies from less than one per year under some rule sections to up to an average of about 80 per year under other rule sections. Applications for new licenses, certificates of compliance (CoCs), and amendments may be submitted at anytime; applications for renewal of licenses are required every 40 years for an Independent Spent Fuel Storage Installation (ISFSI) or CoC effective May 21, 2011, and every 40 years for a Monitored Retrievable Storage (MRS) facility. 4. Who is required or asked to report: Certificate holders and applicants for a CoC for spent fuel storage casks; licensees and applicants for a license to possess power reactor spent fuel and other radioactive materials associated with spent fuel storage in an ISFSI; and the Department of Energy for licenses to receive, transfer, package and possess power reactor spent fuel, high-level waste, and other radioactive materials associated with spent fuel and high-level waste storage in an MRS. 5. The number of annual respondents: 68. 6. The number of hours needed annually to complete the requirement or request: 62,692 hours (26,106 reporting + 33,416 recordkeeping + 3,170 third party disclosure). 7. Abstract: 10 CFR part 72 establishes mandatory requirements, procedures, and criteria for the issuance of licenses to receive, transfer, and possess power reactor spent fuel and other radioactive materials associated with spent fuel storage in an ISFSI, as well as requirements for the issuance of licenses to the Department of Energy to receive, transfer, package, and possess power reactor spent fuel and high-level radioactive waste, and other associated radioactive materials in an MRS. The information in the applications, reports, and records is used by NRC to make licensing and other regulatory determinations. Submit, by August 8, 2011, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied for a fee publicly available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. OMB clearance requests are available at the NRC worldwide Web site: https://www.nrc.gov/public- involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. 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. Comments submitted should reference Docket No. NRC-2011-0009. You may submit your comments by any of the following methods. Electronic comments: Go to https:// www.regulations.gov and search for Docket No. NRC-2011-0009. Mail comments to NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301- 415-6258, or by e-mail to INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of June 13, 2011, for the direct final rule that was published in the Federal Register on March 28, 2011 (76 FR 17019). This direct final rule amended the NRC's spent fuel storage regulations to add the Holtec HI-STORM Flood/Wind cask system to the ``List of Approved Spent Fuel Storage Casks'' as Certificate of Compliance Number 1032.

The NRC invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR Part 61 Licensing Requirements for Land Disposal of Radioactive Waste. 2. Current OMB approval number: 3150-0135. 3. How often the collection is required: Applications for licenses are submitted as needed. Other reports are submitted annually and as other events require. 4. Who is required or asked to report: Applicants for and holders of an NRC license (to include Agreement State licensees) for land disposal of low-level radioactive waste; and all generators, collectors, and processors of low-level waste intended for disposal at a low-level waste facility. 5. The number of annual respondents: 4. 6. The number of hours needed annually to complete the requirement or request: 5,412 hours (56 hours for reporting [approximately 4.6 hours per response] and 5,356 hours for recordkeeping [approximately 1,339 hours per recordkeeper]). 7. Abstract: 10 CFR part 61 establishes the procedures, criteria, and license terms and conditions for the land disposal of low-level radioactive waste. The reporting and recordkeeping requirements are mandatory and, in the case of application submittals, are required to obtain a benefit. The information collected in the applications, reports, and records is evaluated by the NRC to ensure that the licensee's or applicant's disposal facility, equipment, organization, training, experience, procedures, and plans provide an adequate level of protection of public health and safety, common defense and security, and the environment. Submit, by August 5, 2011, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied for a fee publicly available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852 OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/doc- comment/omb/. The documents will be available on the NRC home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. 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. Comments submitted should reference Docket No. NRC- 2011-0114. You may submit your comments by any of the following methods. Electronic comments: Go to https://www.regulations.gov and search for Docket No. NRC-2011-0114. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-6258, or by e-mail to INFOCOLLECTS.Resource@NRC.GOV.