Lo AsF Sa (A,_-. W-4) me z,

April 3, 1992

MEMORANDUM FOR: James M. Taylor

Executive Director

for Operations

FROM: Samuel J. Chilk, Secretary

SUBJECT: SECY-92-106 - ACTION PLAN TO ENSURE TIMELY

REMEDIATION OF SITES LISTED IN THE SITE

DECOMMISSIONING MANAGEMENT PLAN

This is to advise you that the Commission (with the Chairman and

Commissioners Rogers, Curtiss and Remick agreeing) has approved

the attached Action Plan. Commissioner de Planque approved in

part and disapproved in part. She disapproved only Section B on

finality, believing that the Commission "...can only commit this

current Commission to actions regarding finality and cleanup

standards."

The Commission suggests that for materials licensees, publication

in the Federal Register and in the NMSS Newsletter would provide

sufficient notice to these licensees, and would be more efficient

and economical than mailing an Information Notice to all such

licensees.

Attachment:

As Stated

cc: The Chairman

Commissioner Rogers

Commissioner Curtiss

Commissioner Remick

Commissioner de Planque

SECY NOTE: This SRM, the subject paper, and the vote sheets

of all Commissioners will be made immediately . .- . A-Y . h . . i - .- . I . I . . ~ .h . .
April 6, 1992

R E V I S E D - 4/6/92

MEMORANDUM FOR: James M. Taylor

Executive Director

for Operations

FROM: Samuel J. Chilk, Secretary /s/

SUBJECT: SECY-92-106 - ACTION PLAN TO ENSURE TIMELY

REMEDIATION OF SITES LISTED IN THE SITE

DECOMMISSIONING MANAGEMENT PLAN

This is to advise you that the Commission (with the Chairman and

Commissioners Rogers, Curtiss and Remick agreeing) has approved

the attached Action Plan. Commissioner de Planque approved in

part and disapproved in part. She disapproved only Section B on

finality, believing that the Commission "...can only commit this

current Commission to actions regarding finality and cleanup

standards" because "future Commissions may change criteria, and

may take the position that additional cleanup is required. The

fact is that previous Commissions have reopened licenses to

require additional cleanup at some sites. And a 'no reopener

clause' will not prevent future Commissions from taking a similar

position".

The Commission suggests that for materials licensees, publication

in the Federal Register and in the NMSS Newsletter would provide

sufficient notice to these licensees, and would be more efficient

and economical than mailing an Information Notice to all such

licensees.

Attachment:

As Stated

cc: The Chairman

Commissioner Rogers

Commissioner Curtiss

Commissioner Remick

Commissioner de Planque

OGC

OCAA

OIG

ACRS

SECY NOTE:--- --This -SRM,--the-subject paper ,and-the-vote-sheets_ _

of all Commissioners will be made immediately

available to the public.
NRC ACTION PLAN TO ENSURE TIMELY CLEANUP OF SDMP SITES

I. Introduction and Purpose

Over the past several years, the Nuclear Regulatory Commission

(NRC) has identified over 40 nuclear material sites that warrant

special attention by the Commission. The sites have buildings,

former waste disposal areas, large piles of tailings,

groundwater, and soil contaminated with low levels of uranium or

thorium (source material) or other radionuclides. Consequently,

they present varying degrees of radiological hazard, cleanup

complexity, and cost. Some of the sites are still under the

control of active NRC licenses, whereas licenses for other sites

may have already been terminated or may have never been issued.

At some sites, licensees are financially and technically capable

of completing cleanup in a reasonable timeframe, whereas at other

sites, the licensee or responsible party is unable or unwilling

to perform cleanup. In addition, the sites are currently in

various stages of decommissioning. At some sites, licensees have

initiated decommissioning, whereas at other sites,

decommissioning has not yet been planned or initiated.

The NRC believes that the best approach for minimizing the

potential for unnecessary radiation exposures and environmental

contamination in the future is to ensure that these sites are

cleaned up in a timely and effective manner. In 1990, NRC

implemented the Site Decommissioning Management Plan (SDMP) to

identify and resolve issues associated with the timely cleanup of

these sites. The SDMP provides a comprehensive strategy for NRC

and licensee activities dealing with the cleanup and closure of

contaminated nuclear material facilities over which NRC has

jurisdiction. Table 1 lists the sites that are currently

included in the SDMP (the SDMP does not include more routine

decommissioning cases such as nuclear power reactors). The SDMP

has been effective in ensuring coordination and resolution of

some of the policy and regulatory issues affecting site

decommissioning. Progress on actual site remediation, however,

continues to be slow.

The limited progress to date has prompted the Commission to

direct the NRC staff to initiate actions to accelerate the

cleanup of SDMP sites. The staff has developed this Action Plan

to describe NRC's approach for accelerating remediation of sites

listed in the SDMP. The objective of this plan is to communicate

the Commission's general expectation that sites listed on the

SDMP be cleaned up in a timely and effective manner. This plan

(1) identifies current criteria to guide cleanup of contaminated

soils, structures; and--equipment and emphasizes-site-specific

application of L

principle; (2) states NRC's position on the finality of

decommissioning decisions; (3) describes the NRC's general
- -

expectation that SDMP site cleanup will be completed within a 4-

year timeframe after operations cease or 3 years after the

issuance of an initial cleanup order; (4) identifies currently

available guidance on site characterization work in support of

decommissioning; and (5) describes the process the staff will use

to establish and enforce schedules for timely cleanup on a sitespecific basis.

It should be noted that this Action Plan itself does not contain

enforceable standards and is not intended to create new rights or

obligations on third parties or to preclude litigation of

properly framed issues in any pending proceeding. Implementation

of this plan may result in the establishment of legally binding

requirements by order or license amendment that may be enforced

on a site-specific basis. However, nothing in this Action Plan

is intended to affect hearing rights associated with such orders

or license amendments or the hearing rights of parties to

presently pending adjudications and, to the extent that rules

promulgated in accord with 5 USC 553 are not applicable, each

case will be judged on its own merits.

II. Action Plan

In accordance with the overall objective of ensuring timely and

effective cleanup of SDMP sites, the staff will review sitespecific plans and take decommissioning actions consistent with

the following elements:

A. Cleanup Criteria

Pending NRC rulemaking on generic radiological criteria for

decommissioning, the NRC will continue to consider existing

guidance, criteria and practices such as those listed below in

determining whether sites have been sufficiently decontaminated

so that they may be released for unrestricted use, pursuant to,

or consistent with, the decommissioning rules in 10 CFR 30.36,

40.42, 50.82, 70.38, and 72.54. These cleanup criteria will be

applied on a site-specific basis with emphasis on residual

contamination levels that are ALARA.

1. Options 1 and 2 of the Branch Technical Position

"Disposal or Onsite Storage of Thorium or Uranium Wastes

from Past Operations" (46 ER 52061, October 23, 1981).

2. "Guidelines for Decontamination of Facilities and

Equipment Prior to Release for Unrestricted Use or

Termination of Licenses for Byproduct, Source, or Special

Nuclear Material," Policy and Guidance Directive FC 83-23,

Division of Industrial and Medical Nuclear Safety, August

1987.

3.----"Termination-of-Operating Licenses-for Nuclear

Reactors," Regulatory Guide 1.86, June 1974, Table 1, for

surface contamination of reactor facility structures. Also
Cobalt-60, Cesium-137, and Europium-152 that may exist in

concrete, components, and structures should be removed such

that the indoor exposure rate is less than 5 microroentgen

per hour above natural background at 1 meter, with an

overall dose objective of 10 millirem per year (cf. Letter

to Stanford University from James R. Miller, Chief,

Standardization and Special Projects Branch, Division of

Licensing, Office of Nuclear Reactor Regulation, U.S.

Nuclear Regulatory Commission, April 21, 1982, Docket No.

50-141).

4. The Environmental Protection Agency's (EPA's) "National

Primary Drinking Water Standards," 40 CFR Part 141. In

accordance with FC 83-23, the maximum contaminant levels for

radionuclides in public drinking water as established by the

EPA should be used as reference standards for protection of

groundwater and surface water resources.

5. The EPA's "Radiation Dose Guidelines for Protection

Against Transuranium Elements Present in the Environment as

a Result of Unplanned Contamination" (42 £R 60956; November

30, 1977). This document provides guidelines for acceptable

levels of transuranium elements in soil.

The criteria of this section will be considered in establishing

site-specific ALARA levels for each of the SDMP sites in license

amendments and orders.

B. Finality

NRC decisions to terminate a license will relieve the licensee

from any further obligation to NRC to conduct additional cleanup,

as long as the licensee decommissioned the site in full

accordance with an approved decommissioning plan. The licensee

will demonstrate compliance with the cleanup levels described in

the decommissioning plan by a radiologic survey of the site prior

to license termination. The NRC usually conducts an independent

survey to confirm the accuracy of the licensee's termination

survey. Therefore, if a licensee or responsible party cleaned up

a site, or was in the process of cleaning up a site, under an

NRC-approved decommissioning plan, the NRC will not require the

licensee to conduct additional cleanup in response to NRC

criteria or standards established after NRC approval of the plan.

An exception to this case would be in the event that additional

contamination, or noncompliance with the plan, is found

indicating a significant threat to public health and safety.

Noncompliance would occur when a licensee or responsible party

does not comply with an approved decommissioning plan, or

provides false information.

NRC will inform EPA about specific-decommissioning actions at

sites i.L _N Iwi-l 7normfState-7a ndlIca1l-_agenci-es Zthat~have _

jurisdiction over aspects concerning decommissioning actions.
C. Timing

NRC staff will address the timing of SDMP site cleanups on a

case-by-case basis, with the expectation that cleanup generally

be completed within about 4 years after operations that caused

the contamination cease or 3 years after issuance of an initial

cleanup order. To achieve this objective, major decommissioning

milestones should be established within the following timeframes:

1. As soon as practical, but generally not later than 12

months after notification by NRC that decommissioning is

expected to commence, the licensee or responsible party

identified by NRC should submit to NRC an adequate site

characterization report, if that has not yet been completed.

NRC encourages early and substantive coordination and

communication between the licensee or responsible party in

planning for site characterization, including NRC review of

site characterization plans.

2. As soon as practical, but generally not later than 6

months after NRC approval of the site characterization

report, the licensee or responsible party should submit to

NRC a site decommissioning plan for approval based on the

site characterization results. The decommissioning plan

should include schedules for completing site decommissioning

work in a timely and effective manner, including plans to

dispose of contaminated materials either onsite pursuant to

10 CFR 20.302 (or 20.2002 of the revised 10 CFR Part 20), or

at a licensed disposal facility offsite.

3. As soon as practical, but generally not later than 18

months after NRC approval of the site decommissioning plan,

the licensee or responsible party should complete all

decommissioning work and termination surveys, such that

sites or facilities can be released for unrestricted use

after termination of the license, as appropriate.

In implementing this approach, NRC will establish specific and

enforceable milestones for each phase of decommissioning through

license amendments or orders. These schedules will provide

flexibility to allow a licensee or responsible party to

demonstrate good cause for delaying cleanup based on technical

and risk reduction considerations, or for reasons beyond their

control. NRC recognizes that at sites containing hazardous

chemical wastes, schedules will depend, at least in part, on the

necessary reviews and approvals by other responsible agencies

(e.g., EPA or State agencies).

D. SitejCharacterization__ __

Inadequate site characterization has been one of the technical

issues that has delayed timely approval and implementation of
site-specific decommissioning actions. Therefore, NRC is

developing new guidance on the content of acceptable site

characterization programs conducted in support of decommissioning

actions. NRC has developed a draft "Guidance Manual for

Conducting Radiological Surveys in Support of License

Termination" (NUREG/CR-5849) through Oak Ridge Associated

Universities. This draft manual, which will be published for

interim use and evaluation in April 1992, should be consulted

regarding general aspects of site characterization activities.

In addition, this draft manual should be used by licensees when

conducting radiological surveys in support of license

terminations in the interim until the manual is finalized. NRC

is developing additional guidance on specific aspects of site

characterization, such as hydrogeologic assessment of

contaminated sites.

Until specific NRC guidance on site characterization is

developed, licensees should continue to review relevant

information from existing documents on site characterization such

as those identified below. Although NRC recognizes that these

documents do not completely address site characterization needs

for decommissioning, use of these references, in addition to

site-specific consultation with the NRC staff, will help assure

that site characterization is appropriately planned and conducted

so that final site characterization reports are submitted with

minimal deficiencies and in a timely manner. The following

documents, available from the Public Document Room, should be

reviewed regarding general aspects of site characterization

activities:

1. "Survey Procedures Manual for the ORAU Environmental

Survey and Site Assessment Program," Oak Ridge Associated

Universities, March 1990.

2. "Laboratory Procedures Manual for the Environmental

Survey and Site Assessment Program," Revision 5, Oak Ridge

Associated Universities, February 1990.

3. "Quality Assurance Manual for the Oak Ridge Associated

Universities' Environmental Survey and Site Assessment

Program," Revision 3, Oak Ridge Associated Universities,

February 1990.

4. "Monitoring for Compliance With Decommissioning

Termination Survey Criteria," NUREG/CR-2082, June 1981.

5. "Guidance on the Application of Quality Assurance for

Characterizing a Low-Level Radioactive Waste Disposal Site,"

NUREG-1383, October 1990.

E. Procedures to Compel Timely Cleanup

NRC staff will seek voluntary cooperation by licensees or other

responsible parties in establishing and implementing
decommissioning plans in accordance with the objectives of this

Action Plan. For sites with active NRC licenses, an approved

decommissioning plan that includes appropriate schedules and

cleanup levels will be incorporated into the license by amendment

through normal licensing procedures. For sites with joint

licenses (i.e., facilities that possess both a materials and a

non-power reactor license), a coordinated approach under both

licenses will be taken in establishing appropriate schedules and

plans for decommissioning. If a site is not under an active

license, the NRC may impose a decommissioning plan by order.

In cases where voluntary cooperation is ineffective in

establishing.acceptable schedules for completing decommissioning

actions, NRC will establish legally binding requirements and take

enforcement action, as necessary, to compel timely and effective

cleanup of SDMP sites. Demands for Information may be used to

establish licensee commitments to perform major decommissioning

activities. Enforcement actions may include issuance of Orders,

including immediately effective orders, to compel actions by

licensees or other responsible parties. If necessary, NRC will

issue Orders requiring payment of funds into a decommissioning

escrow account when a licensee or responsible party fails to meet

an agreed upon schedule and has not already established an

adequate decommissioning fund pursuant to, or consistent with,

the decommissioning funding rules (10 CFR 30.35, 40.36, 50.82,

70.25, and 72.30). The amount of the escrow account will be

based upon and be consistent with the estimated cost required to

complete site cleanup. Other enforcement actions may include

escalated payment of funds into the escrow account based on a

licensee's or responsible party's failure to comply with the

Order. Accumulations into that account will be dedicated for use

to finance the cleanup of the site. Finally, NRC will consider

issuing civil penalties where (.1) the licensee or responsible

party fails to comply with an order compelling payment into an

escrow account; or (2) the licensee or responsible party fails to

comply with a requirement or an Order compelling cleanup when

there is already sufficient decommissioning funding.

Additionally, NRC may seek court injunctions to compel

enforcement of these Orders.
  i

Federal Register IVoL /'No.*74IThurvdy. Aprl 1 / Nots 13389

authority of the Commission in the State

under chapters 8 7, and 8, and section

181 of the Act with respect to the

following materials

A. Byproduct materials as defined in

section le4i) of the Act

B. Source materials; and

C. Special nuclear materials in

quantities not sufficient to form a

critical mass.

Article 11

This Agreement does not provide for

discontinuance of any authority and the

Commission shall retain authority and

responsibility with respect to regulation

of.

A. The construction and operation of

any production or utilization facility;

[1. The export from or import into the -

United States of byproduct, source, or

special nuclear material or of any

production or utilization facility.

C. The disposal into the ocean or sea of

byproduct, source. or special nuclear

waste materials as defined in

regulations or orders of the

Commission;

D. The disposal of such other byproduct.

source, or special nuclear material as

the Commission from time to time

determines by regulation or order

should, because of the hazards or

potential hazards thereof, not be so

disposed of without a license from the

Commission:

E. The land disposal of source.

byproduct and special nuclear

material received from other persons;

and

F. The extraction or concentration Of

Artik- V.o

bhis Agreement shall not affect the

authority of the Commission under

subsection M b. or I. of the Act to issue

rue, regulations, or orders to protect

the common defense and security, to

protect restricted data er"t guard

against the koss or diversion of special

nuclear tuaterhl.

Axtics IV'*

The-Commission vnll use Its best

efforts to cooperate with the State and

other Agreement States in the

formulation of standards and regulatory

programs of the State and the'

Commission for protection against

hazards of radiation and to assure that

State and Commission programs for

protection against hazards of radiation

will be coordinated and compatible. The

State will use It best efforts to cooperate

with the Commission and other

Agreement States -in the formulation of

standards and regulatory programs of

the State and the Commission for

protection against hazards of radiation

and to assure that the State's program

will continue to be compatible with the

program of the Commission for'the

regulation of like materials. The State

and the Commission will use their best

efforts to keep each other informed of

proposed changes In their respective

rules and regulations and licensing.

Inspection and enforcement policies and

criteria, and to obtain the comments and

assistance of the other party thereon.

Article Yff

ThMe Comrmission and the State agree

that It is desirable to provide reciprocal

recognition of licenses for the materials

Commission, an emergency situation

exists requiring Immediate action to

protect public health and safety and the

State has failed to take necessary steps.

The Comnmission shall periodically

review this Agreement and actions

taken by the State under this Agreement

to ensure compliance with section 274 of

the AcL

Article DX

This Agreement shall become

effective on April 1 192. and shall

remain in effect unless and until such

time as it is terminated pursuant to

article VIIL

Dane at Rockville. Maryland in triplicate. this 16th day of March. 290'.

For the United States Nuclear Regulatory Commission. Ivan Selin. Chairman.

Done at Augusta, Maine. In triplicate. this

25th day of March. 1992.

For the State orMaine. John R. McKernan. Jr..

Covernor

Dated at Rod6 .:le. this Oth day of April.

1902.

For the United States Nuclear Regulatory Commissian.

Sbeldon KA. Scwaft

Deputy Director. OfficezofState Pvgrams.

IFR Doc. 924839 Filed 4--s92; 8:45 aml

LUM e rsso-0i-1

Action Plan to Ensure Timely Cleanup

of Site Decommissloring Management

Plan Stes.

AGENCY: Nuclear Regulatory

Commission.

ACTOM Noticelof availability of NRC

action plan.

source material from source material listed in arucle I licensed oy te otmer sUmMARY: The NRC has developed an

ore and the management and disposal party or by any Agreement State. Action Plan to describe the approach the

of the resulting byproduct material. Acar dingly. the Commission and the agency will use to accelerate the

Article 111 develop appropriate rules, reglations, t cleanup of radiologically contaminated deveop pproriae ruesreguatins, sites listed in NRC's Site

This Agreement may be amended. and procedures by which such Decommissioning Management Plan

upon application by the State and reciprocity wil be accorded. (SDMP). The objective of this plan is to

approval by the Commission, to include Article vIn 'I ' . communicate the Commission's general

the additional area(s) specified in article The Commission. upon its own expectation that sites listed in the SDMP

11, paragraph E or F. whereby the State initiative after reasonable notice and . be cleaned up in a timely and effective

can exert regulatory control over the opportunity for hearing to the State. or manner. Thj_, plan (1) identifies existing

materials stated herein. upon request of the Governor of the criteria tViidg cleanup of

Article IV State, may terminate or suspend ali or contaminated soils. structures, and

part of this Agreement and reassert the equipment and emphasizes sitespecific Notwithstanding this Agreement. the licensing and regulatory authority application of the As Low As

Commission may from time to time by vested in It under the Act If the Reasonably Achievable (ALARA)

rule, regulation, or order, require that the Commission finds that (1) such principle: (2) states the NRC's position

manufacturer, processor, or producer of termination ar.auspenso is required to-on the finality of decommissioningany equipment.-device,-comm-odity. or protect -he public health and safety-or-decisions;-(3l describes the NRC's - other-product-cont inng source, (2) the State has not complied with one general expectation that SDMP site

'vproduct. or special nuclear material or more of the requirements of section cleanup wilU be completed within a 4-

Ail not transfer possession or control 274 of the Act. The Commission may year timeframe after operations cease or

such product except pursuant to a also, pursuant to section 274j of the Act, 3 years after the issuance of an Initial

license or an exemption from licensing temporarily suspend all or part of this cleanup order: (4) identifies currently

Issued by the Commission. Agreement Uf. 4n the judgment of the available guidance on site
'v3390 Federal Register /-Vol. 57. No. 74 / Thursday, April 16. 1992 / Notices

characterization work in support of

decommissioning: and (5) describes the

process the NRC staff will use to

establish and enforce schedules for

timely cleanup on a site-specific basis.

ADDRESSES: Other documents

referenced in this notice may be

reviewed and/or copies for a fee from

the NRC Public Document Room. 2120 L

Street NW. (Lower Level). Washington.

DC 20555.

FOR FURTHER INFORMATION CONTACT

John A. Austin. Chief. Decommissioning

and Regulatory Issues Branch, Division

of Low-Level Waste Management and

Decommissioning, Office of Nuclear

Material Safety and Safeguards. U.S.

Nuclear Regulatory Commission.

Washington. DC 20555, telephone (301)

504-2560.

SPPLEENTARY INFORMATKOt -

1. Introduction and Purpose

currently included in the SDMP (the

SDM? does not include more routine

decommissioning cases such as nuclear

power reactors). The SDMP has been

effective in ensuring coordination and

resolution of some of the policy and

regulatory Issues affecting site

decommissioning. Progress on actual

site remediation. however. continues to

be slow. The limited progress to date

has prompted the Commission to direct

the NRC staff to initiate actions to

accelerate the cleanup of S1MP sites.

It should be noted that this Action;

an ~xltgi aesno d6i-cotn~-taneloricifribe:D

sandairad ina tfnoteliind i o icreate

new rights or obligations on third parties

or to preclude litigation of properly

framed Issues in any pending

proceeding. Implementation of this plan

may result in the establishment of

legally binding requirements by order or

license amendment that may be

Division of Industrial and Medical

Nuclear Safety. November 4; 1983.

3. '^:Termination of Operating Licenses

for Nuclia-R t6i'ois"'1Re6glitdiryGCMidd1V88;'Jie'-197i Table 1, foriiiirface

contamination of reactor facility

structures. Also Cobalt-M. Cesium-137,

and Europium-152 that may exist in

concrete, components, and structures

should be removed so the indoor

exposure rate is less than 5

microroentgen per hour above natural

background at 1 meter. with an overall

dose objective of 10 millirem per year

(cf. Letter to Stanford University from

James R. Miller. Chief. Standardization

and Special Projects Branch. Division of

Licensing. Office of Nuclear Reactor

Regulation. U.S. Nuclear Regulatory

Commission. April 21. 1982. Docket No.

.50-141). * 4. The Environmental Protection

Agency's (EPA's) "interim Primary

- Over the past several years. the em1.eUC on aH swL-5pCeLIL UUMS. Drinking Water Regulations." 40 CFR

Nuclear Regulatory Commission (NRC) However, nothing in this Action Plan is part 141 (41 FR 38404; July P. 1976). In

has identified over 40 nuclear material intended to affect hearn rights accordance with FC 83 -23 the maximum has ovr denifie 40nucear ateial associated with such orders or licensee cotmntlelsoradnuiesn sites that warrant special attention by a en or the erg ts ant level for radionuclides in the Commission. These sites have aemntorheerigihsof public drinking water as established by

buildings. former waste disposal areas. parties to presently pending the EPA should be used as reference

large plies of tailings, groundwater, and adjudications and to the standard for protection of groundwater

soil contaminated with low levels of rules promulgated in accord with 5 and surface water resources.

uranium or thoriumn (source material) or U.S.C. 553 are not applicable, each case 5. The EPA's "Persons Exposed To

* other radionuclides. Consequently, they will be judged on its own merits. Transuranium Elements In The T

f present varying degrees of radio logical 0. Action Plan Environment" (42 FR 60956; November

T hazard. cleanup complexity, and cost. In accordance with the overall 30, 1977). This document provides

Some of the sites are still under the objective of ensuring timely and guidelines for acceptable levels of

control of active NRC licenses. whereas effective cleanup of SDMP sites. the transuranium elements in soil.

licenses for other sites may have NRC staff will review site-specific plans The criteria of this section will be

already been terminated or may have and take decommissioning actions I

never been issued. At some sites, consistent with the following elements: ; ile sfor Eh'of the SDMP

licenses are financially and technically .st inlicienemdments and oders

capable of completing cleanup in a A. Cleanup Critenreasonable timeframe, whereas at other ;, P1nding'NRC iulemaking on generic B. Fnol'i

sites, the licensee or responsible party Is radiological'criteria for e M

unable or unwilling to perform cleanup. decommissioning. the NRC will continue en

In addition. the sites are currently in to consider existin aiiidince. icteria . I a

various stages of decommissioning. At and prac tcilisfed belowils(ermme ae

;. some sites, licensees have initiated 'ther siave been siufficleil);- see e am_81.

decommissioning. whereas at other iminated so that they may be .Y92a jlpr 7

sites, decommissioning has not yet been rlaised for unrestricted use pursuant l licensee will

planned or initiated. to, or'consistent with. the monstrate compliance with the

The NRC believes that the best decommissioning rules In 10 CFR S03B, cleanup levels described in the

B approach for minimizing the potential 40.42, 50W.2.70-38. and 7254. These decommissioning plan by'performing a,

for unnecessary radiation exposures and 'cleanup criteria wil be applied ona radiologic survey of the site prior to

environmental contamination in the 'ilt4speciciiiciiWith-empkasis on" license termination. The NRC usually

future is to ensure that these sites are reiidual ixitahination levels that are conducts an Independent survey to

cleaned up in a timely and effective AVARA S"' . ~ " confirm the accuracy of the licensee's

manner. In 1990, the NRC Implemented. 1. Options I and 2 of the Branch. termination survey: Therefore, If a

the Site Decommissioning Management Technical Position "Disposal or Onslte licensee or responsible party cleaned up

Plan (SDMP) to identify and resolve Storage of Thorium or Uranium Wastes a site, or was in the process of cleaning

issues associated with the timely from Past Operations" (48 FR szeoi; up a site. under an NRC-approved

cleanup of these sites. The SDMP October 23.1981). decommissioning plan, the NRC will not

provides a comprehensive strategy for 9'"'Guidelines for Deco'ntaminatioii oYP require the licensee to conduct

NRC and licensee-activities-dealing-with.Facdilities-and EqiWpent Pirtor. .-- -- additional cleanup in response toNRC'

s- --- the-cleanupwndilosure-of tintiiafited .Re-ease forU restnctedUse or criteria or standard established after

nuclear material facilities over which Termination of Licenses for Byproduct, NRC approval of the plan. An exception

the NRC has jurisdiction. The appendix' Source, or Special Nuclear Material," to this case would be in the event that

to this document lists the sites that are Policy and Guidance Directive FC 83-23. additional contamination. or

I - .
ha1.. I

F -

I Federal Register 1 Vol. 57, No. 74 / Thursday. April 16. 1992 / Notices 13391

noncompliance with the plan. i

indicating a significant threat t

health and safety. Noncomplia

would occur with a licensee or

responsible party does not corr

an approved decommissioning

provides false information.

The NRC will inform EPA ab

specific decommissioning actio

sites. NRC-will also inform Sta

local agencies that have jurisdi

over aspects concerning

decommissioning actions.

s found of decommissioning through license

o public amendments or orders. These schedules

nce will provide flexibility to allow a

licensee or responsible party to

iply with demonstrate good cause for delaying

plan, or cleanup based on technical and risk

reduction considerations. or for reasons

lout beyond their control. NRC recognizes

ins at that at sites containing hazardous

te and chemical wastes, schedules will depend.

ction at least In part on the necessary

reviews and approvals by otherresponsible agencies (e.g.. EPA or State

C. Timing I 0tZiLI.A

The NRC staff will address the timing D. Site Characterization

of SDMP site cleanups on a case-by- Inadequate site characte

case basis, with the expectation that been one of the technical ix

cleanup generally be completed within delayed timely approval ar

about 4 years after operations that implementation of site-spe

caused the contamination cease or 3 decommissioning actions.'

years after issuance of an initial cleanup NRC is developing new gui

order. To achieve this objective, major content of acceptable site

decommissioning milestones should be characterization programs

established within the following support of decommissionin

timeframes: The NRC has developed a

1. As soon as practical, but generally "Guidance Manual fo'r Con

not later than 12 months after Radiological Surveys in Su

notification by the NRC that License Termination" (NUi

decommissioning is expected to 5849) 1 through Oak Ridge

commence. the licensee or responsible Universities. This draft ma

party identified by the NRC should will be published for interi

submit to the NRC an adequate site evaluation In April 199Z sl

characterization report, if that has not consulted regarding genera

yet been completed. The NRC site characterization activi

encourages early and substantive addition. this draft manual

coordination and communication used by licensees when coi

between the licensee or responsible radiological surveys in sup

party in planning for site license terminations in the

characterization, including NRC review the manual Is finalized. NR

of site characterization plans. developing additional guid

2. As soon as practical, but generally specific aspects of site chai

not later than 6 months after NRC such as hydrogeologic asse

% approval of the site characterization contaminated sites.

report, the licensee or responsible party Until specific NRC guida

should submit to the NRC a site characterization is develop

decommissioning plan for approval , should continue to review x

based on the site characterization information from existing d

results. The decommissioning plan site characterization such E

should include schedules for completing identified below. Although

site decommissioning work In a timely recognizes that these docui

and effective manner, including plans to completely address site chi

dispose of contaminated materials either needs for decommissioning

onsite pursuant to 10 CFR 20.302 (or 10 references, in addition to si

CFR 20.2002 of the revised 10 CFR part consultation with the NRC

20). or at a licensed disposal facility help ensure'that site charai

offsite. appropriately planned and

3. As soon as practical, but generally that final site characterizat

not later than 18 months after NRC are submitted with minima

approval of the site decommissioning and in a timely manner. Th

-- plan, the licensee-or-responsible-party -documentsi-available from

!rization has

ssues that has

,id

cific

Therefore, the

idance on the

conducted In

g actions.

draft

lducting

pport of

I.EG/CRAssociated

nual. which

rm use and

iould be

I aspects of

ties. In

should be

riducting

port of

interim until

.C is

ance on

racterization.

ssment of

nce on site

ped, licensees

relevant

locuments on

is those

NRC

nents do not

Earacterization

8. use of these

Ite-specific

staff, will

:terization is

conducted so

ion reports

I deficiencies

e following

reviewed regarding general aspects of

site characterization activities:

1. "Survey Procedures Manual for the

ORAU Environmental Survey and Site

Assessment Program," Oak Ridge

Associated Universities. March 190.

2. "Laboratory Procedures Manual for

the Environmental Survey and Site

Assessment Program." Revision 5. Oak

Ridge Associated Universitiep. February

1990.

3. "Quality Assurance Manual for the

Oak Ridge Associated Universities'

Environmental Survey and Site

Assessment Program," Revision 3. Oak

Ridge Associated Universities, February

1990.

4. "Monitoring for Compliance With

Decommissioning Termination Survey

Criteria." NUREG/CR-2082.2 June 1981.

* 5. "Guidance on the Application of

Quality Assurance for Characterizing a

Low-Level Radioactive Waste Disposal

Site," NUREG-1383. October 1990.

E. Procedures to Compel Timely

Cleanup

The NRC staff will seek voluntary

cooperation by licensees or other

responsible parties in establishing and

implementing decommissioning plans in

accordance with the objectives of this

Action Plan. For sites with active NRC

licenses, an approved decommissioning

plan that includes appropriate schedules

and cleanup levels will be incorporated

into the license by amendment through

normal licensing procedures. For sites

with joint licenses (i.e., facilities that

possess both a materials and a nonpower reactor license), a coordinated

approach under both licenses will be

taken in establishing appropriate

schedules and plans for

decommissioning. If a site is not under

an active license, the NRC may impose a

decommissioning plan by order.

In cases where voluntary cooperation

is ineffective in establishing acceptable

schedules for completing

decommissioning actions, the NRC will

establish legally binding requirements

and take enforcement action, as

necessary, to compel timely and

effective cleanup of SDMP sites.

Demands for Information may be used

to establish licensee commitments to

perform major decommissioning

activities. Enforcement actions may

th~e r4KU; --

-S A{|} J AA_ VIA_ }1 Awn____ 5 -P, 1pf~emn~ 0t*UnInM---&hn111,11-he; -- ________ DoIuulU uUImpluLe all uscmmloswlonugwork and termination surveys, so that

sites or facilities can be released for

unrestricted use after termination of the

license, as appropriate.

In implementing this approach. the

NRC will establish specific and

enforceable milestones for each phase

^ - Us4k vuszzzzx rvvv^z^, Slav^v - zu vs

' A free single copy of draft NUREC/CR-5849

may be requested by writing to the U.S. Nuclear

Regulatory Commission. Attn: Distribution and Mall

Services Section. room P-130A. Washington. DC

20655. A copy ti also availsble for Inspection and/

or copying in the NRC Public Document Room. 2120

L Street. NW. (Lower Level) Washington. DC.-

- ICopies of NURECS may be purchased from the

Superintendent of Documents. U.S, Government

Printing Office. P.O. Box 37082 Washington. DC

2013-M Copies are also available from the

National Technical Information Service. 52W Port

Royal Road. Springfield. VA 22161.A copy is also

available for Inspection and/or copying at the NRC

Public Document Room. 2120 L Street. NW. (Lower

Level) Washington. DC.
13392 Federal Register I Vol. 57. No. 74 / Ttirsdty. April 16. 992 / Notices

i

include issuance or orders, including

immediately effective orders. to compel

actions by licensees or other responsible

parties. If necessary. NRC will issue

orders requiring payment or funds into a

decommissioning escrow account when

a licensee or responsible party fails to

meet an agreed upon schedule and has

not already established an adequate

decommissionlng fund pursuant to. or

consistent woith. the decommissioning

funding rules (10 CFR 30.35.40.36. 50.82

70.25, and 72.30). The amount of the

escrow account will be based upon and

be consistent with the estimated cost

required to complete site cleanup. Other

enforrcement actions may include

escalated payment of funds into the

escrow account based on a licensee's or

responsible party's failure to comply

with the order. Accumulations into that

account will be dedicated for use to

finance the cleanup of the site. Finally.

the NRC will consider issuing civil

penalties where (1) the licensee or

rebi.onsible party fails to comply with

an order compelling payment into an

escrow account; or (2) the licensee or

responsible party fails to comply with a

requirement or an order compelling

cleanup when there is already sufficient

decommissioning funding. Additionally.

NIRC may seek court injucx tions to

compel enforcement of these orders.

Dated at Rockville. Maryland. this loth day

of April. I99.

For the Nuclear Regulatory Commission.

IjlU 1. AflU NU,

APPEuotx--E=IT1NG SDMP SrTES--

Continued

Site nar" - S

Hantley " HidHentage M~i

Kerr-McGee (Cimarron..

Kerr-McGo .

Magneskm Eld'enm-...

M ycycrp.

NE Ctio Fleglonal Sewer

Nuclea mews

Pessee Chemicial.....

R~emnigton Anna

Company. RMI Titanil" ...

Safety Light Corporalon

Sch~ott Glass..-.

Texas Iratrumeft.

United Nuclear

Westingh~ouse (waliz

W est Lake L wir K...... ...

Wyrnan-Gonkmn

3M C o rn y.....r ....

LakabXst. NJ.

Crescent. OK.

01shini. OK~

RPgMoir. "J. -

WastwIlboki PA.

York. PA.

Coyshoga Heights. OH4.

Concord, MA.

Mediat. PA.

Puasaki. PA.

kb~eapedence, Oa

Astbua 0H.

Rodwwy, NJ.*

Blooonslaf PA.

Carnbndge. 0*4.

Nelell IJ.

Attlabooo. tM&

Wood Rwoe. JuictioM

RA.

cwleta~dORt

Madison. PA.

SLLotis. Ma

Greefs,~le. PA.

North Gzafton. MA.

Karrick. MN.

DC to obtain. on a voltutary basis.

detailed statistics of racial and ethnic

composition of the construction

workforce on the projectRespondentr: Construction

contractors.

Clearance Officer Talbot 1. Nicholas

11. Attorney. (202) 724-9s5. PADC suite

1220 North. It3 Pennsylvania Avenue.

NW.. Washington. DC 2004.

0MB Revienwet: Elizabeth Harker.

(202) 395-3750. Office of Infonnation and

Regulatory Affairs, Ofce of

Management and Budget. New

Executive Office Building. 725 17th St..

NW.. Washingtor. DC 20503.

Dated: April 10.s99z2

M.l. Brodie.

Executive Director.

(FR Doc 92-8m Filed 4-15-oz; 8:45 anl

MujNc coD 7 14111

SECURITIES AND EXCHANGE

COMMISSION

Forms Under Review by Office of

Management and Budget .

Agency Clearance Officer-Kenneth

Fogash (202) 272-2142.

Upon written request copy available

from; Securities and Exchange

Commission. Office of Filings.

'rformation and Consumer Services.

M dshington. DC 20549.

Extension

-

[FR Doe. 9238= Fred 4-15-9 &-4 aml

mLUw CODE r spa-M

PENNSYLVAMnA AVEI? lE

DEVELOPMENT CORP 'RATION

Chief Decoamnissionir

Issues Branch. Divisior

Mlanagement andDeco

I NucleermMaterlSafet

APPENOIX--EXIS I.

' Sft nam

Advanced Medical

Systems.

ALCOA.

Ab, Proit

Army Ar_.____

Babcock and W _

Babcock and Wicox.

BP Chemicals_

Buddt Comp".._,

Cabot CorporUti

Cabot Corporation

Cabot Cospoe..a . Chemetron Corporation

(BSot Ave.).

Chemetron Corporation

_(Hariard Ave.),_

__ Chen Corporatior,

: Dow Che___._.

Elkem Metafs_

.ts~~F n s le e l___......_.

General Servc

IAdmiristat

I

ig ndfReulotory Peublic mentor Sat rrn Cot MCt 11fl Rule 206[3)-2-File No. 27D-216

n of Low-Level Waste Requiewments Submiti sd to 0MB lor Rules Bb-1 through Bb.-2-File No. 270-

mmissianing, Office of . 135

y and Safeguards. PADC has submittei (on April 1. 1992) Notice is hereby given pursuant to the

the following public inj armation Paperwork Reduction Act of 19W ,44

nNG SDMP SrnEs collection requirement o OMB for U.S.C. 3501 et seq.1. that the Securities

review and clearance i nder the . and Exchange Commission

Location Paperwork Reduction . *ct of 1980, Pub. (Commission) has submitted a request

L 9S.1I (44 US.C. ch. 35]. Copies of the for extension for Rule 206(3h2 under the

Cieweand. OH. submission umay be ob ained by calling Investment Advisers Act of 1940 (17

C the PADC clearance ol icer listed. SNvd CFR 275.206(3h)- and Rules ab-1

Wood cay. W. comments to the OMB reviewer listed through Bb-32 (17 CFR 270.8b-1 to

Aberdeen. MO. and to the PADC clearance officer. 270CBb-32). a family of rules under

section 8(b) of the Investment Company wafurt M Pennsylvania Avenue Development Act of 1940

Apoo. PA. Corporal .* Rule 206[3)-2 permits regigstered

Pwar Townsip. PA. - . .. u

* O1f. * OMB Numbe= 320D. investment advise to comply with

Philadelphia. P Fonn Numb No form number section 206(3) of the Investment

PA. available; information requested in the Adviser- Act of 1940 by obtaining a

Readsi. PA. Quarterly Workforce Report for the blanket consent from a client to enter

Ckvearad. OR. Federal Triangle Development Project in into agency coss transactions. provided

Washington. DC. certain disclosure is made to the client

Cleld. OH. Title: Quarterly Workforce Report. Approximately 100 respondents utilize

-___ - Description:-Uncer-the authority-of _ the-rule annulkUy, necessitating about

, Mt and Bay the-Pennsylvania-Avenue-Development z122.responses-eaclzjyear. fora t0ilWiC

cty. . . Corporation Act. as amended (Pub. L 12.200 responses. Each response

Marietta. OH. 92-578). and PADCs Affirmtive Action requires about .5 hours, for a total of.

OK Au4' Policy and Procedure. 30 CFR part 9OW. .6.100 boos

Walenown. U PADIC has requested the developer of Rules 8b-1 through 8b-32 provides the Federal Triangle site in Washington. standard instructions to guide persons

I