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Proposed Rules Federal Register

Vol. 70, No. 17

Thursday, January 27, 2005

This section of the FEDERAL REGISTER Electronic Reading Room on the Internet all licensees provide at least 24 hours
contains notices to the public of the proposed at advance notice to the appropriate
issuance of rules and regulations. The adams.html. If you do not have access sewage treatment plant before releasing
purpose of these notices is to give interested to ADAMS or if there are problems in radioactive material into a sanitary
persons an opportunity to participate in the accessing the documents located in sewer system. Three commenters
rule making prior to the adoption of the final
ADAMS, contact the NRC Public supported the District’s request for
Document Room Reference staff at 1– providing a notification to the sewage
800–397–4209, (301) 415–4737, or by e- treatment plant, but one commenter said
NUCLEAR REGULATORY mail to that licensees and sewage treatment
COMMISSION FOR FURTHER INFORMATION CONTACT: plant staff could agree on the provision
Lydia Chang, Office of Nuclear Material of a report without making it a
10 CFR Part 20 Safety and Safeguards, U.S. Nuclear requirement in the Federal regulations.
Regulatory Commission, Washington, Six commenters did not support the
[Docket No. PRM–20–22]
DC 20555–0001, telephone (301) 415– District’s request for such an
Northeast Ohio Regional Sewer 6319, e-mail amendment. Several comments said that
District; Denial of Petition for SUPPLEMENTARY INFORMATION: such a requirement would be an
Rulemaking unnecessary burden that would neither
The Petition increase radiation safety nor reduce
AGENCY: Nuclear Regulatory By letter dated August 2, 1993, the radiation exposures. Another
Commission. District submitted a petition for commenter noted that it would be
ACTION: Denial of petition for rulemaking to amend 10 CFR 20.303 difficult to schedule ‘‘batch’’ releases
rulemaking. (superceded by 20.2003) and 20.305 because radioactive materials are used
(superceded by 20.2004). The petitioner in continuous drug research and
SUMMARY: The Nuclear Regulatory requested that NRC modify its development processes, and, as such,
Commission (NRC) is denying a petition regulations to require that all licensees discharges into the sanitary sewer are
for rulemaking (dated August 2, 1993, provide no less than 24 hours advance continuous as well. One commenter
Docket No. PRM–20–22) submitted by notice to the appropriate sewage believed that no radioactive waste
the Northeast Ohio Regional Sewer treatment plant before releasing should be deposited in any sewer
District (the District or the petitioner). radioactive material into a sanitary system by any licensee for any reason.
The petitioner requested that NRC sewer system, and to exempt radioactive Eight of the twelve letters commented
amend its regulations to require all materials that enter the sanitary waste on the District’s request to exempt
licensees to provide no less than 24 stream from the requirements regarding radioactive materials that entered the
hours advance notice to the appropriate NRC approval for incineration. The sanitary waste stream from the
sewage treatment plant before releasing petitioner stated that their Southerly requirements regarding NRC approval
radioactive material into a sanitary Wastewater Treatment Center had been for incineration. Two commenters were
sewer system, and to exempt radioactive contaminated from releases of supportive of this part of the petition.
materials that enter the sanitary waste radioactive material containing cobalt- Four commenters were opposed to this
stream from the requirements regarding 60 into its sanitary sewer system, request because they believed that it
NRC approval for incineration. NRC is resulting in costly characterization and was another attempt to declare
denying the petition because it has been remediation. The petitioner stated that radioactive materials entering sanitary
determined that current NRC the District was not the first sewage sewer systems as being ‘‘Below
regulations for discharge of licensed treatment authority to experience Regulatory Concern,’’ as the exemption
material into sanitary sewer systems are radioactive contamination and noted would only increase contamination as
adequate and that current regulations that NRC had documented radioactive in the already documented cases, and it
for NRC approval for treatment or contamination problems at other sewage would pose a serious threat to the health
disposal of licensed material by treatment sites. The petitioner also and safety of populations surrounding
incineration are necessary to ensure the stated that contamination may exist facilities that incinerate radioactive
protection of public health and safety undetected at other sewage treatment materials. Two commenters cited the
and the environment. plants and requested that the need for additional NRC review/
ADDRESSES: Copies of the petition for regulations be amended. guidance on this issue in order to clarify
rulemaking, the public comments at what point radioactive material is no
received, and the NRC’s letter to the Public Comments on the Petition longer under regulatory control.
petitioner may be examined at the NRC A notice of receipt of the District’s NRC published an advance notice of
Public Document Room, O1F21, One petition was published in the Federal proposed rulemaking (ANPR) in the
White Flint North, 11555 Rockville Register (58 FR 54071; October 20, Federal Register (59 FR 9146; February
Pike, Rockville, Maryland. 1993). The public comment period 25, 1994) to determine whether an
The NRC maintains an Agencywide closed on January 3, 1994. NRC received amendment to its regulations governing
Document Access and Management twelve comment letters in response to the release of radioactive material from
System (ADAMS), which provides text the petition prior to the closing date. licensed facilities into sanitary sewer
and image files of NRC’s public Ten of the twelve comment letters systems was needed, based on current
documents. These documents may be addressed the District’s request for NRC sewage treatment technologies. The
accessed through the NRC’s Public to amend its regulations to require that ANPR noted receipt of the petition for

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Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Proposed Rules 3899

rulemaking submitted by the District unnecessary because local material was detected in sewage
(PRM–20–22) and specifically requested municipalities have authority over their treatment systems. The results of this
comments on the two issues raised in local sewer district, already have examination led to modifications of the
the petition. requirements to follow the Clean Water requirements for disposal of licensed
Twenty-one letters received in Act, and may establish a pretreatment material by release into sanitary sewer
response to the ANPR included program for wastewater acceptance. One systems in 10 CFR 20.2003. Specifically,
comments on the District’s request for commenter noted that the usefulness of NRC removed the broad provision that
the NRC to amend its regulations to a 24-hour advance notification should allowed the disposal of dispersible
require that all licensees provide at least be assessed after the new limits for materials into sanitary sewer system.
24 hours advance notice to the sewer discharges are in place. The disposal of non-biological insoluble
appropriate sewage treatment plant Six comment letters received in materials is no longer permitted because
before releasing radioactive material response to the ANPR included of potential reconcentration of these
into a sanitary sewer system. Six of the comments on the District’s request that materials in the sanitary sewer system,
twenty-one commenters supported a the NRC exempt materials that enter the sewage treatment plants, and sewage
requirement for licensees to provide the sanitary waste stream from requirements sludge. The current NRC regulations
sewage treatment plant with some type for NRC approval prior to treatment or require that any licensed material
of reporting on the radioactive materials disposal of licensed material by discharged into a sanitary sewer system
released into the sanitary sewer system. incineration. Four commenters must be readily soluble (or is readily
These commenters supported a wide supported such an amendment because, dispersible biological material) in water.
range of reporting requirements—from given the radioisotopes and activities In addition, the concentration limits for
the petitioner’s request for a 24-hour involved, the pathways for human radionuclides released into a sanitary
advance notification before licensees exposure from radioactive wastes seem sewer system were reduced by a factor
release radioactive material, to monthly no more or less significant if the wastes of 10 as part of an overall reduction in
or annual discharge reports, to reports of are dispersed into water or air. If release effluent release limits. The
releases that could be a threat to the into a sanitary sewer system is to be concentration limits were reduced
publicly-owned treatment works considered disposal, these commenters because of past contamination incidents
(POTW) workers or the environment, to indicated, the limits should be set so involving cobalt-60 and americium-241.
notification of large accidental releases. that no further regulation of the The revised concentration limits, listed
Fifteen of the twenty-one commenters radioactive material is needed after in Table 3 of the Appendix B to part 20,
did not support such a requirement for release into a sanitary sewer. One were an effort to reduce the public’s
licensees to provide at least 24-hour commenter did not support such an exposure to radionuclides released into
advance notice to the appropriate amendment because it would only serve the sanitary sewer system. In addition,
sewage treatment plant before releasing to provide an open-ended system for NRC recommends that licensees should
radioactive material into a sanitary radioactive material to pass into the set ALARA goals for effluents at a
sewer system. Several commenters said environment and to the public without modest fraction (10 to 20 percent) of
that a 24-hour advance notification limitations or characterization. Another their allowable limits as stated in NRC
would result in an unnecessary commenter supported sole use of Regulatory Guide 8.37, ‘‘ALARA Levels
regulatory burden, with no additional concentration limits for measuring a for Effluents from Materials Facilities,’’
radiation safety protection nor dose licensee’s limits for disposal of dated July 1993. NRC also conducts
reduction. These commenters indicated periodic inspections to ensure that
radioactive material into sanitary sewer
that the existing regulations for licensees are in compliance with NRC
discharges of licensed material maintain regulations.
doses at or below the existing dose Discussion A number of comments, received
limits for members of the public and if during the 1991 revision of 10 CFR Part
Regulatory Framework Relevant to the
licensees meet the ‘‘as low as reasonably 20, questioned the need for the
achievable’’ (ALARA) goals, the 24-hour requirements that incineration of
advance notification would be NRC regulations governing the radioactive material requires specific
unnecessary. Several commenters noted discharge of licensed material by release prior NRC approval. After these
that such notification would be into sanitary sewer systems and the comments were analyzed and
impractical because most releases are treatment or disposal of licensed considered in developing the final rule,
continuous and involve very small material by incineration can be found in NRC did not revise the provision
quantities of radioactive material. For 10 CFR 20.2003 and 20.2004, regarding Commission approval for
example, discharges from hospitals and respectively. These regulations were treatment or disposal by incineration
medical facilities would change daily published in the Federal Register (56 except for waste oil. In the ‘‘Statements
depending on the number of patients FR 23360; May 21, 1991) as part of an of Consideration’’ for the final rule, NRC
treated and types of treatment used. overall revision of NRC’s standards for stated:
Several commenters also noted that protection against radiation. The
Relaxation of the prior approval
potentially there would be large cost licensees were required to implement requirement for incineration was considered
implications and regulatory burdens these regulations by January 1, 1993. in connection with the amendments to part
associated with such notification. In Although the District filed its petition 20 of this final rule. The requirements for
addition, commenters were concerned after the implementation date of the prior NRC approval of incineration remains
about having these reports received and 1991 revision of 10 CFR part 20 in the amendments to part 20 in this final
interpreted by sewage treatment plant regulations, the sewage sludge and ash rule because the acceptability of incineration
personnel, rather than radiation safety from the District’s Southerly Wastewater as a disposal option, except for exempted
specialists, resulting in potential quantities of radioactive materials, must be
Treatment Center were contaminated determined on a site-specific basis
misinterpretation of the data. Several prior to the implementation date. considering: (1) Incinerator design, (2) the
commenters offered that such an NRC As part of the 1991 revision of 10 CFR variable isotopic composition and activity of
requirement for licensees to provide a part 20 regulations, NRC examined the material to be burned, and (3) potential
24-hour advance notification was several instances where radioactive human exposure to effluents, which may

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3900 Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Proposed Rules

require special calculational methods discharges. The second part of the study that the District’s incident appeared to
because of complex meteorologic conditions estimated the maximum radiation be an isolated event. However, at the
and other factors. exposures to POTW workers and others hearing, NRC and EPA committed to
As part of the 1991 revision of 10 CFR who could be affected by low levels of jointly develop guidance for POTWs
part 20, it was authorized that a licensee man-made radioactivity in wastewater. and to collect more data on the
may treat or dispose of licensed material The quantities of radionuclides released concentration of radioactive materials in
contained in certain waste oil by into the sewer systems were assumed to samples of sewage sludge and ash from
incineration without prior NRC be the maximum allowed under NRC POTWs nationwide.
approval. In making this regulatory regulations at the time. Estimates of the Between 1994 and 1997, Federal,
change, the NRC staff analyzed the type hypothetical, maximum exposures to State, and industry studies were
of radionuclides and their potential workers ranged from zero to a dose conducted to assess reconcentration of
concentrations in waste oil, performed roughly equal to natural background. radioactive materials that are released
atmospheric dispersion modeling to In May 1994, the U.S. General into sanitary sewer systems. In
characterize potential hazards from Accounting Office (GAO, now U.S. December 1994, the NRC published
incineration, and evaluated the Government Accountability Office) NUREG/CR–6289, ‘‘Reconcentration of
potential environmental impact. The issued a report, GAO/RCED–94–133, Radioactive Material Released to
regulatory basis for requirements in ‘‘Nuclear Regulation: Action Needed to Sanitary Sewers in Accordance with 10
obtaining NRC approval prior to Control Radioactive Contamination at CFR Part 20.’’ The objectives of this
incineration is to ensure that NRC may Sewage Treatment Plants,’’ that study were to: (1) Assess whether
evaluate the potential impact to the described nine cases, including the radioactive materials that are released
public health and safety and the District, where contamination was into sanitary sewer systems undergo
environment on a case-by-case and site- found in sewage sludge or ash or in significant reconcentration within the
specific basis. Hazards associated with wastewater collection systems. On the wastewater treatment plant, and (2)
incineration of sewage sludge will basis of the limited information determine the physical and/or chemical
highly depend on the specific available on radiation levels in sewage processes that may result in their
characteristic of the sludge such as the sludge and ash across the country, GAO reconcentration within the wastewater
presence of radioactive materials, which concluded that the full extent of treatment plant. A review of the
could potentially have a broad spectrum contamination nationwide is unknown. literature clearly demonstrated that
of radionuclides and a wide range of The GAO also concluded that the some radioactive materials discharged
concentration levels. The petitioner’s ‘‘problem of radioactive contamination into sanitary sewer systems are
request to incinerate sewage sludge of sludge and ash in the reported cases reconcentrated in sludge produced as a
without prior NRC approval is not was the result, in large part, of NRC’s result of wastewater treatment.
supported by any detailed data, and has regulation, which was incorrectly based However, the report concluded that the
the potential to be inconsistent with the on the assumption that radioactive available data were not sufficient to
petitioner’s basis for requesting an materials would flow through treatment assess the adequacy of the requirements
amendment to 10 CFR 20.2003. If systems and not concentrate.’’ The GAO in 10 CFR 20.2003 in preventing
petitioner is concerned with potential report did note that to address the occurrences of radionuclide
contamination of radioactive material in problem of radioactive materials’ concentrations in sewage sludge at
the sewage sludge, incineration of such concentrating in sludge and ash, the levels which present undue risk to the
sewage sludge without prior NRC NRC has revised its regulation to reduce public; nor is the available data
approval would potentially not be the concentration levels of the sufficient to suggest strategies for
protective to the public health and radioactive materials that licensees can changing that requirements.
safety and the environment. discharge into sanitary sewer systems In 1996, the Association of
although the GAO report also pointed Metropolitan Sewerage Agencies
Surveys, Studies, and Reports Relevant out that ‘‘NRC does not know how (AMSA) conducted a limited survey of
to the Petition effective this action will be.’’ The GAO concentrations of radioactivity in
In May 1992, the NRC issued the report stated that health implications of sewage sludge and ash samples from
results of a scoping study in NUREG/ the exposure of treatment plant workers some of its member POTWs. Samples
CR–5814, ‘‘Evaluation of Exposure and the public to contaminated sludge, were obtained from 55 wastewater
Pathways to Man from Disposal of ash, and related by-products are treatment plants in 17 States. The most
Radioactive Materials into Sanitary unknown because neither the NRC nor significant sources of radioactivity were
Sewer Systems,’’ which evaluated the the United States Environmental potassium and radium isotopes, which
potential radiological doses to POTW Protection Agency (EPA) knows (1) how are naturally occurring radioactive
workers and members of the public from much radioactive material may be in materials (NORM).
exposure to radionuclides in sewage these products and (2) how these In December 1997, the Washington
sludge. The first part of the analysis products might affect people. State Department of Health issued a
estimated the potential doses to workers In June 1994, a joint U.S. House of report WDOH/320–013, ‘‘The Presence
for five known cases in which Representatives and Senate hearing of Radionuclides in Sewage Sludge and
radioactive materials were detected at (June 21, 1994; S. Hrg. 103–1034) was Their Effect on Human Health,’’ that
POTWs (Tonawanda, NY; Grand Island, held to officially release and address was based on sludge samples taken at
NY; Royersford, PA; Oak Ridge, TN; and questions raised in the GAO report. six POTWs in the State. The report
Washington, DC). Doses from the case These hearings were prompted by concluded that doses from
studies were estimated to range from concerns associated with elevated levels radionuclides in sewage sludge are
less than 10 microsieverts per year (µSv/ of radioactivity in incinerator ash at the extremely low compared to background
yr) (1 millirem per year (mrem/yr)) to Cleveland treatment plant referenced in or to generally accepted regulatory dose
930 µSv/yr (93 mrem/yr) for members of the District’s petition. The testimony limits, and that there is no indication
the public, using a deterministic presented by both NRC and EPA during that radioactive material in biosolids in
scenario analysis and the reported the hearing noted that there was no the State of Washington poses a health
radionuclide concentrations and/or indication of a widespread problem, and risk.

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Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Proposed Rules 3901

The Interagency Steering Committee ‘‘ISCORS Assessment of Radioactivity in advance notification from all licensees
on Radiation Standards (ISCORS) was Sewage Sludge: Recommendations on to the appropriate sewage treatment
formed in 1995 to address Management of Radioactive Materials in plant. The ISCORS final survey report
inconsistencies, gaps, and overlaps in Sewage Sludge and Ash at Publicly shows that NORM constitutes the most
current radiation protection standards. Owned Treatment Works,’’ November significant levels of radioactive
In 1996, the Sewage Sludge 2003. This report provides guidance to: materials in POTWs, and therefore any
Subcommittee of ISCORS was formed to (1) Alert POTW operators, and State and notification requirement imposed on
coordinate efforts to address the Federal regulators to the possibility of licensees will not effectively reduce the
recommendations in the 1994 GAO radioactive materials concentrating in level of radioactive materials in POTW
Report. Between 1998 and 2000, the sewage sludge and incinerator ash; (2) facilities. Effluent levels from NRC-
EPA and NRC (through the ISCORS) inform them how to determine whether licensed activities are established in
jointly conducted a voluntary survey of there are elevated levels of radioactive order to maintain doses to the public at
POTW sewage sludge and ash to help materials in their sludge or ash; and (3) or below a pre-determined protective
assess the potential need for NRC and/ assist them in identifying actions for level. The ISCORS draft dose modeling
or EPA regulatory decisions. Sludge and reducing potential radiation exposure report shows that calculated doses to
ash samples were analyzed from 313 from sewage and ash. POTW workers and the public are
POTWs, some of which had greater sufficiently low from discharge of the
Reasons for Denial
potential to receive releases of licensed material into sanitary sewer
radionuclides from NRC and Agreement NRC is denying the petition because systems, based on radionuclide
State licensees, and some of which were it has been determined that current NRC concentrations in the sewage sludge and
located in areas of the country with regulations in 10 CFR 20.2003 and the associated sewage sludge
higher concentrations of NORM. 20.2004 adequately ensure the management practices.
Although the survey and sampling were protection of public health and safety
NRC has determined that a
biased towards facilities with greater and the environment.
With regard to the petitioner’s request requirement for an advance notification
potential for the presence of licensed would impose an unnecessary
material and NORM, ISCORS did not to amend 10 CFR 20.2003, NRC has
reviewed the petitioner’s rationale, the regulatory burden on licensees, without
make a conclusion about the bias of the a commensurate health and safety
results. In November 2003, the results of public comments on the petition and on
the ANPR, and a number of relevant protection of the public. Such a
the survey were published in a final requirement for advance notification
report, NUREG–1775 ‘‘ISCORS activities, surveys, and reports to
determine whether there was a health would also be considered as an
Assessment of Radioactivity in Sewage information request burden under the
Sludge: Radiological Survey Results and and safety issue due to the
reconcentration of radioactive materials Paperwork Reduction Act of 1995 (44
Analysis.’’ No widespread or U.S.C. 3501 et seq.). This burden is
nationwide public health concern was in sewage sludge and ash, and if so, was
the requested amendment for 24 hours broadly defined, and any method of
identified by the survey and no notification imposed by an Agreement
excessive concentrations of radioactivity advance notifications necessary to help
prevent excessive exposures to workers State or the NRC, including telephonic
were observed in sludge or ash. The
and the public. or electronic, is applicable. The
results indicated that the majority of
The current requirements in 10 CFR regulatory burden proposed by the
samples with elevated radioactivity
20.2003 were not fully implemented at District is large, due to the large number
were attributable to NORM, such as
the time of contamination at the of licensees that discharge to sanitary
radium, rather than man-made sources.
District’s Southerly Wastewater sewer systems. In addition, there is no
With the exception of NORM, most of
Treatment Center. The NRC justification on how the notification
the other samples were at or near the
significantly decreased the would be used at the wastewater
limit of detection. The results of this
concentration limits for radionuclides treatment plant to affect treatment
survey are consistent with the AMSA
discharged into sanitary sewer systems operations in response to a discharge of
survey noted above.
The Sewage Sludge Subcommittee is as part of the 1991 revision of 10 CFR licensed material to ensure protection of
in the process of finalizing a draft Part 20, and licensees were required to health and safety.
report, NUREG–1783, ‘‘ISCORS comply with the regulatory changes as Finally, several commenters stated
Assessment of Radioactivity in Sewage of 1993. In addition to lowering the that it would be impractical, if not
Sludge: Modeling to Assess Radiation concentration limits, the disposal of impossible, for all licensees to provide
Doses.’’ This report contains computer non-biological insoluble materials was advance notices to the appropriate
modeling information, seven different prohibited because of potential sewage treatment plant because of the
sewage sludge management scenarios, reconcentration of these materials in nature of the process involved. Very
and doses calculated by using modeling sanitary sewer systems, treatment small quantities of radioactive materials
process that converts known activity plants, and sludge. NRC also has issued are continuously used at certain
concentrations in sludge to potential guidance to further reduce the effluent licensed facilities, such as drug research
doses to individuals. Using survey limits through use of ALARA goals. In and development companies, and these
results with the dose modeling, the addition, NRC conducts periodic radioactive materials are continuously
calculated doses showed that no inspections to ensure that licensees are discharged into sanitary sewer systems.
widespread concern to public health in compliance with NRC regulations. Discharges from clinics and hospitals
and safety from potential radiation Under this current regulatory would have many fluctuations
exposures associated with the handling, framework, NRC expects that doses from depending on the number of patients
beneficial use, and disposal of sewage release of licensed material into a treated and the types of treatment used.
sludge containing radioactive materials, sanitary sewer system are within It would be unreasonable to expect
including NORM. regulatory limits. licensees to notify the sewage treatment
The Sewage Sludge Subcommittee is The available data do not support the facility prior to each discharge. It would
also in the process of finalizing a draft District’s assertion that health and safety also be equally unreasonable, in some
final report, EPA 832–R–03–002B, protection would be enhanced by cases, to expect licensees to collect

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3902 Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Proposed Rules

discharges in order to schedule for a levels. The potential hazards also highly is not controversial and do not expect
batched discharge. depend on the case-specific incinerator comments that oppose it. We have
In summary, NRC has concluded that design and site-specific exposure to the explained the reasons for this
the public comments, data, analyses, public and the environment. Even authorization in the preamble to the
reports, and petitioner’s rationale do not though the discharge requirements for immediate final rule. Unless we get
justify the petitioner’s request for a 10 CFR 20.2003 were set to adequately written comments which oppose this
rulemaking to amend the regulations in protect public health and safety and the authorization during the comment
10 CFR 20.2003 to require that all environment, different human exposure period, the immediate final rule will
licensees provide no less than 24 hours scenarios apply to the disposal of become effective on the date it
advance notification to the appropriate licensed material by incineration, even establishes, and we will not take further
sewage treatment plant before releasing if those materials are discharged in action on this proposal. If we get
radioactive material into a sanitary compliance with another section of the comments that oppose this action, we
sewer system. Such a rulemaking would regulations. NRC found that the will withdraw the immediate final rule
impose unnecessary regulatory burden acceptability of incineration as a and it will not take effect. We will then
on licensees and does not appear to be disposal option, except for exempted respond to public comments in a later
warranted for the adequate protection of quantities of radioactive materials, must final rule based on this proposal. You
public health and safety and the be determined on a facility- and site- may not have another opportunity for
common defense and security. specific basis. NRC continues to believe comment. If you want to comment on
Therefore, NRC is denying the that prior NRC approval for incineration this action, you must do so at this time.
petitioner’s request to amend 10 CFR is necessary to have reasonable
20.2003. DATES:Send your written comments by
assurance that the public health and February 28, 2005.
With respect to the petitioner’s safety are adequately protected.
request to amend 10 CFR 20.2004, NRC Therefore, NRC is also denying the ADDRESSES: Send written comments to
has reviewed the petitioner’s rationale, petitioner’s request to amend 10 CFR Audrey E. Baker, Authorizations
the public comments on the petition, 20.2004 to explicitly exempt radioactive Coordinator, RCRA Programs Branch,
and the regulatory history on the materials that enter the sanitary waste Waste Management Division, U.S.
requirements for NRC approval for stream under 10 CFR 20.2003 from the Environmental Protection Agency, The
incineration. NRC regulations in 10 CFR requirements regarding NRC approval Sam Nunn Atlanta Federal Center, 61
20.2004 apply to either an NRC or an for incineration. Forsyth Street, SW., Atlanta, Georgia
Agreement State licensee and generally For the reasons cited in this 30303–8960; (404) 562–8483. You may
do not apply to a POTW or its document, NRC denies this petition. also e-mail comments to
operations. POTWs are not required to You can
obtain NRC approval for incineration of Dated in Rockville, Maryland, this 21st day
of January, 2005. examine copies of the materials
their sewage sludge, unless they possess submitted by Georgia during normal
an NRC or Agreement State license for For the Nuclear Regulatory Commission.
business hours at the following
possession of licensed radioactive Annette Vietti-Cook,
locations: EPA Region 4 Library, The
material in the sewage sludge. Studies, Secretary of the Commission. Sam Nunn Atlanta Federal Center, 61
surveys, and modeling efforts conducted [FR Doc. 05–1485 Filed 1–26–05; 8:45 am] Forsyth Street, SW., Atlanta, Georgia
to date indicate that releases of BILLING CODE 7590–01–U 30303–8960, phone number: (404) 562–
radioactive material from licensed 8190, John Wright, Librarian; or The
facilities in accordance with 10 CFR Georgia Department of Natural
20.2003 generally do not reconstitute in ENVIRONMENTAL PROTECTION Resources Environmental Protection
sewage sludge in sufficient AGENCY Division, 2, Martin Luther King, Jr.,
concentrations to pose a risk to public Drive, Suite 1154 East Tower, Atlanta
health and safety and thus it is unlikely 40 CFR Part 271 Georgia 30334–4910, phone number:
that a POTW will be required to possess (404) 656–7802.
an NRC license for its sludge. Therefore,
a change to 10 CFR 20.2004 regulations FOR FURTHER INFORMATION CONTACT:
Georgia: Final Authorization of State Audrey E. Baker, Authorizations
is not needed. Hazardous Waste Management
If a licensee incinerates licensed Coordinator, RCRA Programs Branch,
Program Revision Waste Management Division, U.S.
material, the staff continues to believe
that the NRC approval requirements are AGENCY: Environmental Protection Environmental Protection Agency, The
necessary to have reasonable assurance Agency (EPA). Sam Nunn Atlanta Federal Center, 61
that the public health and safety are ACTION: Proposed rule.
Forsyth Street, SW., Atlanta, Georgia
adequately protected. Hazards 30303–8960; (404) 562–8483.
associated with incinerating licensed SUMMARY: Georgia has applied to EPA SUPPLEMENTARY INFORMATION: For
material will highly depend on the for Final authorization of the changes to additional information, please see the
specific characteristic of the matrix its hazardous waste program under the immediate final rule published in the
containing the licensed material. If a Resource Conservation and Recovery ‘‘Rules and Regulations’’ section of this
licensee incinerates the licensed Act (RCRA). EPA proposes to grant final Federal Register.
material contained in the sewage sludge, authorization to Georgia. In the ‘‘Rules
many factors would have to be and Regulations’’ section of this Federal Dated: January 6, 2005.
considered because the sewage sludge Register, EPA is authorizing the changes A. Stanley Meiburg,
could potentially have a broad spectrum by an immediate final rule. EPA did not Deputy Regional Administrator, Region 4.
of radionuclides from various sources make a proposal prior to the immediate [FR Doc. 05–1532 Filed 1–26–05; 8:45 am]
and a wide range of concentration final rule because we believe this action BILLING CODE 6560–50–P

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