Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Notices 13175

petition for leave to intervene shall be

filed in accordance with the

Commission’s ‘‘Rules of Practice for

Domestic Licensing Proceedings’’ in 10

CFR Part 2. Interested persons should

consult a current copy of 10 CFR 2.714

which is available at the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, and at the local public

document room located at the White

Plains Public Library, 100 Martine

Avenue, White Plains, New York 10601.

If a request for a hearing or petition for

leave to intervene is filed by the above

date, the Commission or an Atomic

Safety and Licensing Board, designated

by the Commission or by the Chairman

of the Atomic Safety and Licensing

Board Panel, will rule on the request

and/or petition; and the Secretary or the

designated Atomic Safety and Licensing

Board will issue a notice of hearing or

an appropriate order.

As required by 10 CFR 2.714, a

petition for leave to intervene shall set

forth with particularity the interest of

the petitioner in the proceeding, and

how that interest may be affected by the

results of the proceeding. The petition

should specifically explain the reasons

why intervention should be permitted

with particular reference to the

following factors: (1) The nature of the

petitioner’s right under the Act to be

made party to the proceeding; (2) the

nature and extent of the petitioner’s

property, financial, or other interest in

the proceeding; and (3) the possible

effect of any order which may be

entered in the proceeding on the

petitioner’s interest. The petition should

also identify the specific aspect(s) of the

subject matter of the proceeding as to

which petitioner wishes to intervene.

Any person who has filed a petition for

leave to intervene or who has been

admitted as a party may amend the

petition without requesting leave of the

Board up to 15 days prior to the first

prehearing conference scheduled in the

proceeding, but such an amended

petition must satisfy the specificity

requirements described above.

Not later than 15 days prior to the first

prehearing conference scheduled in the

proceeding, a petitioner shall file a

supplement to the petition to intervene

which must include a list of the

contentions which are sought to be

litigated in the matter. Each contention

must consist of a specific statement of

the issue of law or fact to be raised or

controverted. In addition, the petitioner

shall provide a brief explanation of the

bases of the contention and a concise

statement of the alleged facts or expert

opinion which support the contention

and on which the petitioner intends to

rely in proving the contention at the

hearing. The petitioner must also

provide references to those specific

sources and documents of which the

petitioner is aware and on which the

petitioner intends to rely to establish

those facts or expert opinion. Petitioner

must provide sufficient information to

show that a genuine dispute exists with

the applicant on a material issue of law

or fact. Contentions shall be limited to

matters within the scope of the

amendment under consideration. The

contention must be one which, if

proven, would entitle the petitioner to

relief. A petitioner who fails to file such

a supplement which satisfies these

requirements with respect to at least one

contention will not be permitted to

participate as a party.

Those permitted to intervene become

parties to the proceeding, subject to any

limitations in the order granting leave to

intervene, and have the opportunity to

participate fully in the conduct of the

hearing, including the opportunity to

present evidence and cross-examine

witnesses.

If a hearing is requested, the

Commission will make a final

determination on the issue of no

significant hazards consideration. The

final determination will serve to decide

when the hearing is held.

If the final determination is that the

amendment request involves no

significant hazards consideration, the

Commission may issue the amendment

and make it immediately effective,

notwithstanding the request for a

hearing. Any hearing held would take

place after issuance of the amendment.

If the final determination is that the

amendment request involves a

significant hazards consideration, any

hearing held would take place before

the issuance of any amendment.

A request for a hearing or a petition

for leave to intervene must be filed with

the Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, Attention:

Docketing and Services Branch, or may

be delivered to the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC, by

the above date. Where petitions are filed

during the last 10 days of the notice

period, it is requested that the petitioner

promptly so inform the Commission by

a toll-free telephone call to Western

Union at 1–(800) 248–5100 (in Missouri

1–(800) 342–6700). The Western Union

operator should be given Datagram

Identification Number N1023 and the

following message addressed to S. Singh

Bajwa: petitioner’s name and telephone

number, date petition was mailed, plant

name, and publication date and page

number of this Federal Register notice.

A copy of the petition should also be

sent to the Office of the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

and to Mr. Charles M. Pratt, 10

Columbus Circle, New York, New York

10019, attorney for the licensee.

Nontimely filings of petitions for

leave to intervene, amended petitions,

supplemental petitions and/or requests

for hearing will not be entertained

absent a determination by the

Commission, the presiding officer or the

presiding Atomic Safety and Licensing

Board that the petition and/or request

should be granted based upon a

balancing of the factors specified in 10

CFR 2.714(a)(1)(I)-(v) and 2.714(d).

For further details with respect to this

action, see the application for

amendment dated January 13, 1997,

which is available for public inspection

at the Commission’s Public Document

Room, the Gelman Building, 2120 L

Street, NW., Washington, DC, and at the

local public document room located at

the White Plains Public Library, 100

Martine Avenue, White Plains, New

York 10601.

Dated at Rockville, Maryland, this 12th day

of March 1997.

For the Nuclear Regulatory Commission.

George F. Wunder,

Project Manager, Project Directorate I–1,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–6882 Filed 3–18– 97; 8:45 am]

BILLING CODE 7590–01–P

Advisory Committee on Reactor

Safeguards Subcommittee Meeting on

Planning and Procedures; Notice of

Meeting

The ACRS Subcommittee on Planning

and Procedures will hold a meeting on

April 2, 1997, Room T–2B1, 11545

Rockville Pike, Rockville, Maryland.

The entire meeting will be open to

public attendance, with the exception of

a portion that may be closed pursuant

to 5 U.S.C. 552b(c) (2) and (6) to discuss

organizational and personnel matters

that relate solely to internal personnel

rules and practices of ACRS, and

information the release of which would

constitute a clearly unwarranted

invasion of personal privacy.

The agenda for the subject meeting

shall be as follows:

Wednesday, April 2, 1997—1:30 P.M.

Until 3:30 P.M.

The Subcommittee will discuss

proposed ACRS activities and related

matters. It may also discuss the

qualifications of candidates for
13176 Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Notices

1The byproduct material 137Cs does not include

the 137 Cs, from global fallout, that exists in the

environment from the testing of nuclear explosive

devices (see Footnote 3).

2The term, ‘‘incident-related material,’’ is

frequently used in this position to refer to the total

spectrum of 137Cs-contaminated materials resulting

from an inadvertent melting event. Because of its

widespread use in radioactive devices and its

volatility when subjected to steel melting

temperatures, the position is directed solely at

incident-related materials involving this

radioisotope.

appointment to the ACRS. The purpose

of this meeting is to gather information,

analyze relevant issues and facts, and to

formulate proposed positions and

actions, as appropriate, for deliberation

by the full Committee.

Oral statements may be presented by

members of the public with the

concurrence of the Subcommittee

Chairman; written statements will be

accepted and made available to the

Committee. Electronic recordings will

be permitted only during those portions

of the meeting that are open to the

public, and questions may be asked only

by members of the Subcommittee, its

consultants, and staff. Persons desiring

to make oral statements should notify

the cognizant ACRS staff person named

below five days prior to the meeting, if

possible, so that appropriate

arrangements can be made.

Further information regarding topics

to be discussed, the scheduling of

sessions open to the public, whether the

meeting has been cancelled or

rescheduled, the Chairman’s ruling on

requests for the opportunity to present

oral statements, and the time allotted

therefor can be obtained by contacting

the cognizant ACRS staff person, Dr.

John T. Larkins (telephone: 301/415–

7360) between 7:30 a.m. and 4:15 p.m.

(EST). Persons planning to attend this

meeting are urged to contact the above

named individual one or two working

days prior to the meeting to be advised

of any changes in schedule, etc., that

may have occurred.

Date: March 13, 1997.

Noel F. Dudley,

Acting Chief, Nuclear Reactors Branch.

[FR Doc. 97–6880 Filed 3–18–97; 8:45 am]

BILLING CODE 7590–01–P

Disposition of Cesium-137

Contaminated Emission Control Dust

and Other Incident-Related Material;

Final Staff Technical Position

AGENCY: U.S. Nuclear Regulatory

Commission.

ACTION: Notice: final staff technical

position.

SUMMARY: The U.S. Nuclear Regulatory

Commission is issuing guidance, in the

form of a technical position, that may be

used, in case-by-case requests, by

appropriate licensees, to dispose of a

specific incident-related mixed waste.

Mixed waste is a waste that not only is

radioactive, but also is classified as

hazardous under the Resource

Conservation and Recovery Act (RCRA).

The specific mixed waste addressed in

this position is emission control dust

from electric arc furnaces (EAFs) or

foundries that has been contaminated

with cesium-137 (137Cs). The

contamination results from the

inadvertent melting of a 137Cs source

that: (1) Has been improperly disposed

of by an NRC or Agreement State

licensee; (2) has been commingled with

the steel scrap supply; (3) has not been

detected as it progresses to the steelproducing process; and (4) is volatilized

in the production process and thereby

can and has contaminated large volumes

of emission control dust and the

emission control systems at steelproducing facilities.

The position, which has been

coordinated with the U.S.

Environmental Protection Agency

(EPA), provides the possibility of a

public health-protective,

environmentally sound, and costeffective alternative for the disposal of

a large part of this mixed waste, much

of which contains 137Cs in

concentrations similar to values that

frequently occur in the environment.

The position provides the bases that,

with the approval of appropriate

regulatory authorities (e.g., Statepermitting agencies) and others (e.g.,

disposal site operators), and with

possible public input, could be used to

allow disposal of stabilized waste at

Subtitle C, RCRA-permitted, hazardous

waste disposal facilities. NRC believes

that disposal, under the provisions of

the position or other acceptable

alternatives, is preferable to allowing

this mixed waste to remain indefinitely

at steel company sites.

The position has been developed

through an open public process in

which working draft documents have

been routinely shared with EPA, and

also placed in NRC’s Public Document

Room to allow interested party access.

NRC published the proposed position in

the Federal Register for comment (61

FR 1608, dated January 22, 1996). NRC

is now publishing the entire final

position, together with its responses to

the comments received.

FOR FURTHER INFORMATION CONTACT:

Dominick A. Orlando, Division of Waste

Management, Office of Nuclear Material

Safety and Safeguards, Mail Stop TWFN

8F–37, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

Telephone (301) 415–6749.

SUPPLEMENTARY INFORMATION:

Disposition of Cesium-137

Contaminated Emission Control Dust

and Other Incident-Related Materials;

Branch Technical Position

A. Introduction

Emission control (baghouse) dust and

other incident-related materials (e.g.,

clean-up materials or recycle process

streams) contaminated with 137Cs 1 are

currently being stored as mixed

radioactive and hazardous waste at

several steel company sites across the

country. At any single site, this material

typically contains a total 137Cs quantity

ranging downward from a little more

than 1 curie (Ci) or 37 gigabecquerels

(GBq) of activity, distributed within

several hundred to a few thousand tons

of iron/zinc-rich dust, as well as within

much smaller quantities of clean-up or

dust-recycle, process-stream materials.

In current situations, most, but not all,

of this material would be classified as

mixed waste and this technical position

is intended as a potential disposition

alternative for this incident-related

material.2

Typically, the radioactivity is not

evenly distributed among the incidentrelated materials. Rather, a small

fraction (e.g., one-tenth) of the material

contains most (e.g., 95 percent) of the

radioactivity. Most of the material

contains a small quantity of

radioactivity at low concentrations and

makes up most of the mixed waste,

incident-related material volume. This

material is classified as hazardous waste

under RCRA because it contains lead,

cadmium, and chromium which are

common to the recycle metal supply.

The 137Cs contamination of this

hazardous waste results from a series of

three principal events: (1) The loss of

control of a radioactive source by an

NRC or an Agreement State licensee; (2)

the inclusion of the source within the

recycle metal scrap supply used by the

steel producers; and (3) the inability to

screen out the radioactive source as it

progresses along the typical scrap

collection-to-melt pathway (including

radiation detectors used at most

furnaces, foundries and many ferrous

metal recycling facilities).

Consequently, irrespective of the

quantity or concentration of the

radioactivity, most of the current

material is subject to joint regulation as

mixed waste under RCRA and the

Atomic Energy Act of 1954, as amended,

or the equivalent law of an Agreement

State.