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Statement of Need: The Nuclear Regulatory Commission (NRC) is proposing to amend 10 CFR 20 of its regulations to provide specific radiological criteria for the decommissioning of soils and structures. The proposed criteria would apply to the decommissioning of all facilities licensed under 10 CFR Parts 30, 40, 50, 60, 61, 70, and 72, as well as other facilities subject to the Commission's jurisdiction under the Atomic Energy Act and the Energy Reorganization Act. The NRC would apply these criteria in determining the adequacy of remediation of residual radioactivity resulting from the possession or use of source, byproduct, and special nuclear material. The proposed rule is intended to provide a clear and consistent regulatory basis for determining the extent to which lands and structures must be remediated before a site can be considered decommissioned. ^PThe NRC has developed the basis for the residual contamination levels in light of changes in basic radiation protection standards, improvements in remediation and radiation detection technologies, decommissioning experience obtained during the past 15 years, and comments received from public workshops held as part of this rulemaking effort. This rulemaking has been closely coordinated with the EPA from both a policy standpoint and for the technical underpinnings. The EPA was a key participant in the workshops conducted for the rulemaking. EPA is preparing a parallel rulemaking to address other types of facilities. In addition, under the framework of a Memorandum of Understanding (MOU) between NRC and EPA, EPA will make a determination that the NRC rulemaking provides a sufficient level of protection for public health and safety and for the environment. This coordination will minimize the expenditure of Federal resources, provide a consistent regulatory approach for all facilities, and avoid a duplication of effort or overlapping regulations.

Summary of the Legal Basis: This proposed rule is being developed under the authority of the Atomic Energy Act of 1954, as amended.

Alternatives: The NRC presently oversees decommissioning on a site-specific basis using existing guidance. The NRC could continue to oversee decommissioning on a case-by-case basis. However, the NRC believes that codifying radiological criteria for decommissioning would provide a more effective method of protecting public health and the environment at decommissioned sites.

Anticipated Costs and Benefits: The proposed rule would establish a clear and consistent regulatory basis for determining the extent to which lands and structures must be remediated before a site can be decommissioned. The Commission believes that inclusion of criteria in the regulations will result in more efficient and consistent licensing actions related to the numerous and frequently complex site decontamination and decommissioning activities anticipated in the future. Therefore, the proposed rule would use NRC and licensee resources more efficiently, be applied consistently to all types of licenses, create a predictable basis for decommissioning planning, and eliminate the need for protracted delays in decommissioning while licensees wait for generic criteria before proceeding with decommissioning of their facilities. The proposed rule would, for the most part, codify existing regulatory practice. It is not expected to result in any significant additional cost to the industry, the government, or the public. In fact, efficiencies produced by codifying and stabilizing regulatory practice in this area should result in an overall reduction in costs associated with decommissioning nuclear facilities, although it is not possible to quantify the extent of these reductions at this time.

Risks: This rulemaking would ensure that decommissioning will be carried out without undue risk to the public or the environment. The proposed rule would ensure a stable framework to accomplish decommissioning and achieve a stable level of costs for risks averted. The proposed amendments would enhance the existing regulatory framework by providing a clear and consistent regulatory basis for determining the extent to which lands and structures must be remediated before a site can be decommissioned. The Commission believes that inclusion of radiological criteria in the regulations will result in more efficient and consistent licensing actions related to the numerous and frequently complex site decontamination and decommissioning activities anticipated in the future and reduce the risk to public health and the environment.