Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices 55517 

significant effect on the quality of the 

human environment. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

Due to the largely administrative 

nature of the proposed action, its 

environmental impacts are small. 

Therefore, the only alternative the staff 

considered is the no-action alternative, 

under which the staff would leave 

things as they are by simply denying the 

request from Westinghouse. This noaction alternative is not practical 

because it perpetuates NRC attention to 

a site where remediation activities for 

residual contamination have been 

completed. The NRC’s analysis of 

Westinghouse’s final status survey data 

confirmed that the requirements of 10 

CFR 20.1402 for unrestricted release 

have been met. Additionally, denying 

the request would result in no change in 

current environmental impacts. The 

environmental impacts of the proposed 

action and the no-action alternative are 

therefore similar, and the no-action 

alternative is accordingly not further 

considered. 

Conclusion 

The NRC staff has concluded that the 

proposed action is consistent with the 

NRC’s unrestricted release criteria 

specified in 10 CFR 20.1402. Because 

the proposed action will not 

significantly impact the quality of the 

human environment, the NRC staff 

concludes that the proposed action is 

the preferred alternative. 

Agencies and Persons Consulted 

NRC provided a draft of this 

Environmental Assessment to the 

Pennsylvania Department of 

Environmental Protection, Bureau of 

Radiation Protection for review on 

August 14, 2006. On August 17, 2006, 

the Pennsylvania Department of 

Environmental Protection, Bureau of 

Radiation Protection responded by 

email. The State agreed with the 

conclusions of the EA, and otherwise 

had no comments. 

The NRC staff has determined that the 

proposed action is of a procedural 

nature, and will not affect listed species 

or critical habitat. Therefore, no further 

consultation is required under section 7 

of the Endangered Species Act. The 

NRC staff has also determined that the 

proposed action is not the type of 

activity that has the potential to cause 

effects on historic properties. Therefore, 

no further consultation is required 

under section 106 of the National 

Historic Preservation Act. 

III. Finding of No Significant Impact 

The NRC staff has prepared this EA in 

support of the proposed action. On the 

basis of this EA, the NRC finds that 

there are no significant environmental 

impacts from the proposed action, and 

that preparation of an environmental 

impact statement is not warranted. 

Accordingly, the NRC has determined 

that a Finding of No Significant Impact 

is appropriate. 

IV. Further Information 

Documents related to this action are 

available electronically at the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/adams.html. 

From this site, you can access the NRC’s 

Agencywide Document Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. The documents 

related to this action are listed below, 

along with their ADAMS accession 

numbers. 

1. February 15, 2006, Letter from 

Westinghouse to M. Roberts, NRC 

Region I, ‘‘Submittal of Report 

Documenting the Radiological Status of 

the Westinghouse Specialty Metals 

Plant Site and Demonstrating 

Compliance with the Provisions of 10 

CFR 20.1402 to Release the Site for 

Unrestricted Use’’ and accompanying 

reports (document package 

ML003741979); 

2. July 24, 2006, Region I Technical 

Assistance Request regarding the 

Blairsville site, Memorandum from 

George Pangburn, Region I to Dominic 

Orlando, NMSS. (ML062050308); 

3. August 17, 2006, e-mail from 

Robert Maiers, Pennsylvania 

Department of Environmental 

Protection, Bureau of Radiation 

Protection to Mark Roberts, DNMS, 

USNRC Region I (ML062480365); 

4. Terminated License file for License 

SNM–37; 

5. Terminated License File for License 

SUC–509; 

6. NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance;’’

7. Title 10 Code of Federal 

Regulations, part 20, subpart E, 

‘‘Radiological Criteria for License 

Termination;’’

8. Title 10, Code of Federal 

Regulations, part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions;’’

9. NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities.’’

If you do not have access to ADAMS, 

or if there are problems in accessing the 

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 to pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at King of Prussia, Pennsylvania this 

15th day of September, 2006. 

For the Nuclear Regulatory Commission. 

Marie T. Miller, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, Region I. 

[FR Doc. 06–8015 Filed 9–21–06; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Draft Regulatory Guides: Impending 

Issuance, Availability, and Applicability 

to New Reactor Licensing 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Issuance, Availability, and 

Applicability of Draft Regulatory Guides 

for New Reactor Licensing. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is currently 

reviewing and revising numerous guides 

in the agency’s Regulatory Guide (RG) 

Series. This series has been developed 

to describe and make available to the 

public methods that are acceptable to 

the NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The proposed revisions do not 

constitute a backfit to any previously 

issued staff position for existing nuclear 

power reactors. The purpose of the 

ongoing revision of the NRC’s RGs is to 

ensure that prospective applicants have 

complete, accurate, and current 

guidance for use in preparing early site 

permit (ESP), design certification (DC), 

and combined license (COL) 

applications for proposed new reactors. 

In particular, the NRC staff is focused on 

ensuring that the agency’s regulatory 

guidance is consistent with the 

rulemaking to update Title 10, part 52, 

of the Code of Federal Regulations (10 

CFR part 52), ‘‘Licenses, Certifications, 

and Approvals for Nuclear Power 

Plants.’’ The proposed rule was 


sroberts on PROD1PC70 with NOTICES
55518 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices 

1This proposed rule superseded the 

Commission’s previous proposed rule, which was 

published in the Federal Register on July 3, 2003 

(68 FR 40026). 

published in the Federal Register on 

March 13, 2006 (71 FR 12781).1

The NRC plans to issue for public 

comment drafts of the proposed revised 

RGs guides as they are developed over 

the next several months. The NRC staff 

will then address any stakeholder 

comments received during the 45-day 

comment period, and any changes from 

the proposed Part 52 rule that are 

adopted in the final rule, before issuing 

the final guides for use by applicants by 

March 2007. 

In addition, the NRC intends to apply 

its established regulatory guidance (as 

set forth in established, new, and 

revised RGs) using a consistent 

approach. In so doing, the staff will 

ensure that all new reactor applications 

received in a given time are subjected to 

the same appropriate level of scrutiny, 

based on the same regulatory guidance, 

to implement regulatory requirements 

that protect the health and safety of the 

public and the environment. 

Discussion: The NRC regulates the 

siting, construction, and operation of 

commercially owned nuclear power 

facilities in the United States through a 

combination of regulatory requirements, 

licensing, and oversight (including 

inspection). These activities enable the 

agency to fulfill its mission to license 

and regulate the Nation’s civilian use of 

byproduct, source, and special nuclear 

materials to ensure adequate protection 

of public health and safety, promote the 

common defense and security, and 

protect the environment. 

In late 2000, the NRC became aware 

that some electric companies were 

exploring the option of building new 

nuclear power plants in the United 

States. As a result, in February 2001, the 

Commission issued a staff requirements 

memorandum (SRM COMJSM–00–0003) 

directing the staff to (1) assess its 

technical, licensing, and inspection 

capabilities, as well as its readiness to 

review new license applications and 

inspect new nuclear power plants; (2) 

examine the regulatory infrastructure for 

10 CFR parts 50 and 52, as well as other 

applicable regulations; and (3) identify 

any enhancements needed to ensure 

that the agency is prepared to review 

ESP, DC, and COL applications for new 

nuclear power plants. 

In response to the Commission’s SRM, 

the staff issued SECY–01–0188, ‘‘Future 

Licensing and Inspection Readiness 

Assessment’’ (FLIRA), in October 2001. 

In addition, although the FLIRA stated 

that the staff considers the agency’s 

current regulatory infrastructure 

adequate to support new reactor 

licensing, the staff has undertaken 

minor infrastructure changes to make 

new licensing reviews more effective 

and efficient, and to reduce unnecessary 

regulatory burden on future applicants. 

The staff’s ongoing review and revision 

of the NRC’s RGs is one significant 

aspect of these infrastructure changes. 

Through the years, the NRC has 

established 10 broad divisions of RGs, of 

which the following are the subject of 

the staff’s ongoing review and revision: 

• Division 1, Power Reactors 

• Division 4, Environmental and 

Siting 

• Division 8, Occupational Health 

Of the select group of RGs that the 

NRC has identified as needing review, 

to date, the staff is currently reviewing 

and revising the following RGs and draft 

RGs (DG) to (1) ensure consistency with 

the rulemaking to update 10 CFR part 

52; (2) ensure coherence with NUREG–

0800, ‘‘Standard Review Plan for the 

Review of Safety Analysis Reports for 

Nuclear Power Plants,’’ (SRP) which is 

also undergoing staff review and 

revision; and (3) provide prospective 

applicants with complete, accurate, and 

current guidance for use in preparing 

ESP, DC, and COL applications for 

proposed new reactors: 

RG DG Title 

1.7 ........................................ DG–1117 ............................ Control of Combustible Gas Concentrations in Containment Following a Loss-ofCoolant Accident. 

1.9 ........................................ DG–1172 ............................ Selection, Design, Qualification and Testing of Emergency Diesel Generator Units. 

1.13 ...................................... DG–1162 ............................ Spent Fuel Storage Facility Design Basis. 

1.20 ...................................... DG–1163 ............................ Comprehensive Vibration Assessment Program for Reactor Internals During 

Preoperational and Initial Startup Testing. 

1.23 ...................................... DG–1164 ............................ Onsite Meteorological Programs. 

1.26 ...................................... DG–1152 ............................ Quality Group Classifications and Standards for Water-, Steam-, and RadioactiveWaste-Containing Components of Nuclear Power Plants. 

1.29 ...................................... DG–1156 ............................ Seismic Design Classification. 

1.37 ...................................... DG–1165 ............................ Quality Assurance Requirements for Cleaning of Fluid Systems and Associated 

Components of Water-Cooled Nuclear Power Plants. 

1.57 ...................................... DG–1158 ............................ Design Limits and Loading Combinations for Metal Primary Reactor Containment 

System Components. 

1.61 ...................................... DG–1157 ............................ Damping Values for Seismic Design of Nuclear Power Plants. 

1.68 ...................................... DG–1166 ............................ Initial Test Programs for Water-Cooled Nuclear Power Plants. 

1.71 ...................................... DG–1167 ............................ Welder Qualification for Areas of Limited Accessibility. 

1.76 ...................................... DG–1143 ............................ Design Basis Tornado for Nuclear Power Plants. 

1.92 ...................................... DG–1127 ............................ Combining Modal Responses and Spatial Components in Seismic Response Analysis. 

1.93 ...................................... DG–1153 ............................ Availability of Electric Power Sources. 

1.97 ...................................... DG–1128 ............................ Instrumentation for Light-Water-Cooled Nuclear Power Plants To Assess Plant and 

Environs Conditions During and Following an Accident. 

1.112 .................................... DG–1160 ............................ Calculation of Releases of Radioactive Materials in Gaseous and Liquid Effluents 

from Light-Water-Cooled Power Reactors. 

1.124 .................................... DG–1168 ............................ Service Limits and Loading Combinations for Class 1 Linear-Type Component Supports. 

1.128 .................................... DG–1154 ............................ Installation Design and Installation of Large Lead Storage Batteries for Nuclear 

Power Plants. 

1.129 .................................... DG–1155 ............................ Maintenance, Testing, and Replacement of Large Lead Storage Batteries for Nuclear Power Plants. 

1.130 .................................... DG–1169 ............................ Service Limits and Loading Combinations for Class 1 Plate-and-Shell-Type Component Supports. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices 55519 

RG DG Title 

1.136 .................................... DG–1159 ............................ Materials, Construction, and Testing of Concrete Containments (Articles CC–1000, 

–2000, and –4000 through –6000 of the ‘‘Code for Concrete Reactor Vessels 

and Containments’’). 

1.189 .................................... DG–1170 ............................ Fire Protection for Operating Nuclear Power Plants. 

1.196 .................................... DG–1171 ............................ Control Room Habitability at Light-Water Nuclear Power Reactors. 

1.200 .................................... DG–1161 ............................ An Approach for Determining the Technical Adequacy of Probabilistic Risk Assessment Results for Risk-Informed Activities. 

1.205 .................................... DG–1139 ............................ Risk-Informed, Performance-Based Fire Protection for Existing Light-Water Nuclear 

Power Plants. 

4.15 ...................................... DG–4010 ............................ Quality Assurance for Radiological Monitoring Programs (Normal Operations)—Effluent Streams and the Environment. 

The staff is also currently developing 

the following new DGs to provide 

prospective applicants with complete, 

accurate, and current guidance for use 

in preparing ESP, DC, and COL 

applications for proposed new reactors: 

DG Title 

DG–1142 .............................. Guidelines for Environmental Qualification of Safety Related Computer-Based Instrumentation and Control Systems in Nuclear Power Plants . 

DG–1144 .............................. Guidelines for Evaluating Fatigue Analyses Incorporating the Life Reduction of Metal Components Due to the Effects of the Light Reactor Water Environment for New Reactors. 

DG–1145 .............................. Combined License Applications for Nuclear Power Plants (LWR Edition). 

DG–1146 .............................. Seismic Sources and Safe Shutdown Earthquake Ground Control Motion. 

The NRC has recently finalized and 

published Revision 2 of RG 1.92 (July 

2006), Revision 4 of RG 1.97 (July 2006), 

and RG 1.205 (June 2006). In addition, 

the NRC has already issued drafts of RG 

1.7 (DG–1117, August 2002), RG 1.76 

(DG–1143, February 2006), RG 1.200 

(DG–1161, September 2006), DG–1144 

(July 2006), and DG–1145 (September 

2006) for public review and comment. 

The NRC plans to issue drafts of the 

remaining proposed revised regulatory 

guides as they are developed between 

September 2006 and December 2006. 

The NRC staff will then address any 

stakeholder comments received during 

the 45-day comment period, and any 

changes from the proposed Part 52 rule 

that are adopted in the final rule, before 

issuing the final guides for use by 

applicants by March 2007. 

In addition, the NRC intends to apply 

its established regulatory guidance (as 

set forth in established, new, and 

revised regulatory guides) using a 

consistent approach. The staff will 

ensure that all new reactor applications 

received in a given time are subjected to 

the same appropriate level of scrutiny, 

based on the same regulatory guidance 

to implement regulatory requirements 

that protect the public health and safety 

and the environment. The staff has 

determined that existing and revised 

regulatory guides listed previously will 

be finalized by March 2007, and 

uniformly applied (consistent with the 

staff guidance provided in the SRP) to 

the ESP, DC, and COL applications that 

are submitted. 

Availability and Dates: The NRC will 

solicit comments on each new or 

revised RG for a period of 45 days after 

each guide is made publicly available 

through the following electronic 

distribution channels: 

• The NRC’s Electronic Reading 

Room on the agency’s public Web site, 

under Draft Regulatory Guides in the 

Regulatory Guides document collection, 

at http://www.nrc.gov/reading-rm/doccollections/. 

• The NRC’s Agencywide Document 

Access and Management System 

(ADAMS), at http://www.nrc.gov/NRC/ 

reading-rm/adams.html (using the 

ADAMS accession number specified in 

the footer on the first page of each 

regulatory guide) 

• The NRC’s rulemaking Web site at 

http://ruleforum.llnl.gov 

The footer on the first page of each 

draft regulatory guide will specify the 

applicable comment date. Comments 

received after the specified date will be 

considered if it is practical to do so, but 

the Commission is able to ensure 

consideration only of comments 

received on or before the specified date. 

Please note that the NRC does not 

intend to distribute printed copies of 

these Draft Regulatory Guides unless 

specifically requested on an individual 

basis. Such requests for single copies 

should be made in writing to the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Reproduction and Distribution Services 

Section; by e-mail to 

DISTRIBUTION@nrc.gov; or by fax to 

(301) 415–2289. Telephone requests 

cannot be accommodated. In addition, 

the NRC does not intend to issue 

separate notices of issuance and 

availability. Consequently, interested 

parties should regularly peruse the 

electronic distribution channels listed 

previously to identify newly released 

guides that are available for public 

comment. 

Copies of each DG and other related 

publicly available documents, including 

public comments received, can be 

viewed electronically on computers in 

the NRC’s Public Document Room 

(PDR), which is located at One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland, Room O–1 F21, 

and is open to the public on Federal 

workdays from 7:45 a.m. until 4:15 p.m. 

The PDR reproduction contractor will 

make copies of documents for a fee. 

Selected documents, including public 

comments on the DGs, can also be 

viewed and downloaded electronically 

via ADAMS and the NRC’s rulemaking 

Web site at http://www.nrc.gov/NRC/ 

reading-rm/adams.html and http:// 

ruleform.llnl.gov, respectively. If you do 

not have access to ADAMS or if you 

encounter problems in accessing the 

documents stored in ADAMS, contact 

the PDR Reference Staff at (800) 397–

4209 or (301) 415–4737, or by e-mail to 

PDR@nrc.gov. 

Comment Procedures: The NRC staff 

will solicit comments on each proposed 

DG. Comments may be accompanied by 

relevant information or supporting data. 

Please mention the DG number (DGxxxx) in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

made available to the public in their 

entirety through ADAMS. Personal 

information will not be removed from 


sroberts on PROD1PC70 with NOTICES
55520 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices 

1An 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. 

2The 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 http:// 

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. 

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] 

BILLING CODE 7590–01–P 

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, 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. 

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. 

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 


sroberts on PROD1PC70 with NOTICES