Uranium Enrichment/Fuel Fabrication - Regulatory Issues (USA) 
(last updated 8 Feb 2012)
U.S. NRC invites comment on Draft Regulatory Guide "Decommissioning Planning during Operations"
> See here
The Nuclear Regulatory Commission has directed inspections of major fuel cycle facilities to verify that licensees are adequately prepared to cope with the consequences of natural phenomena such as earthquakes and floods.
Under a "temporary instruction", NRC inspectors will evaluate the adequacy of emergency prevention and/or mitigation strategies for consequences of natural events that exceed a licensee’s safety or licensing basis.
Facilities covered by this TI include all commercial uranium enrichment plants, nuclear fuel fabrication plants, and uranium conversion facilities currently operating in the United States.
Inspections will be tailored to the individual facilities, but at a minimum they will evaluate seismic hazards, external flooding hazards, internal flooding hazards, wind and tornadoes, extended loss of AC or emergency power, and fire impacts.
The inspections are part of the NRC's response to the nuclear crisis at Japan's Fukushima-Dai-ichi nuclear power plant following the March 11 earthquake and tsunami.
The fuel cycle inspections will be completed by Sept. 30, 2012.
> Download NRC news release Oct. 6, 2011 
(PDF)
> Download Temporary Instruction TI 2600/015, Sep. 30, 2011 (83k PDF)
NRC invites comment on proposed rule to amend material control and accounting regulations
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for material control and accounting (MC&A) of special nuclear material (SNM). The goal of this rulemaking is to revise and consolidate the MC&A requirements in order to update, clarify and strengthen the regulations. These regulations apply to NRC licensees who are authorized to hold SNM. The MC&A requirements also apply to certain licensees within the jurisdiction of the Agreement States who hold SNM in quantities less than a critical mass, and who submit material status reports to the NRC.
Submit comments by ...(TBA)
> Federal Register Jan. 2012 (download fullt text) (TBA)
> Download Proposed Rule: Amendments to Material Control and Accounting Regulations (816k PDF)
> Access rule package (ADAMS Acc. No. ML112101421)
> Access Docket ID NRC-2009-0096
NRC invites comment on preliminary proposed rule language to amend material control and accounting regulations
The Nuclear Regulatory Commission (NRC or Commission) is
making available for comment preliminary proposed rule language
concerning the NRC's proposed amendments to the material control and
accounting (MC&A) regulations. These regulations apply to NRC licensees
who are authorized to hold special nuclear material (SNM) and to
certain licensees within the jurisdiction of the Agreement States that
hold SNM and submit material status reports to the NRC. The goal of
this rulemaking is to revise and consolidate the MC&A requirements.
Submit comments by June 30, 2011.
> Federal Register: May 16, 2011 (Volume 76, Number 94) p. 28193-28194 (download fullt text )
> Download Preliminary Draft Rule Language, May 2011 (ADAMS Acc. No. ML111250585)
> Access Docket ID NRC-2009-0096
"DOE, NRC, and State are not able to fully account for U.S. nuclear material
overseas that is subject to nuclear cooperation agreement terms because the
agreements do not stipulate systematic reporting of such information, and there
is no U.S. policy to pursue or obtain such information. U.S. nuclear cooperation
agreements generally require that partners report inventory information upon
request, however, DOE and NRC have not systematically sought such data.
DOE and NRC do not have a comprehensive, detailed, current inventory of U.S.
nuclear material - including weapon-usable material such as highly enriched
uranium (HEU) and separated plutonium - overseas that includes the country,
facility, and quantity of material. In addition, NRC and DOE could not fully
account for the current location and disposition of U.S. HEU overseas in
response to a 1992 congressional mandate. U.S. agencies, in a 1993 report
produced in response to the mandate, were able to verify the location of 1,160
kilograms out of 17,500 kilograms of U.S. HEU estimated to have been exported.
DOE, NRC, and State have established annual inventory reconciliations with five
U.S. partners, but not the others it has transferred material to or trades with."
> Download U.S. Agencies Have Limited Ability to Account for, Monitor, and Evaluate the Security of U.S. Nuclear Material Overseas, Report to the Committee on Foreign Affairs, House of Representatives , United States Government Accountability Office, GAO-11-920, September 2011 (2.4MB PDF)
The U.S. Nuclear Regulatory Commission
is seeking input from the public, licensees, certificate holders,
Agreement States, non-Agreement States, and other stakeholders on
whether to conduct further rulemaking to implement the criminal penalty
provisions found under Sections 229 and 236 of the Atomic Energy Act of
1954, as amended (AEA).
Section 229 of the AEA provides Federal criminal sanctions for the
wrongful introduction of weapons or explosives into specified classes
of facilities, installations or real property under the jurisdiction,
administration, in the custody of, or subject to the licensing
authority or certification by the Commission. Similarly, Section 236 of
the AEA provides Federal criminal sanctions for sabotage of specified
classes of nuclear facilities or materials.
Submit comments by October 20, 2011.
> Federal Register: July 22, 2011 (Volume 76, Number 141) p. 43937-43941 (download full text )
> Docket ID NRC-2011-0164
> For Proposed Rule, see: Federal Register: September 3, 2008 (Volume 73, Number 171) p. 51378-51381 (download full text )
The Nuclear Regulatory Commission seeks public comments on a proposed rule that would require uranium conversion and deconversion facilities authorized to possess significant quantities of uranium hexafluoride (UF6) to conduct integrated safety analyses (ISAs), and to determine whether the NRC or an Agreement State would have regulatory authority over the facility.
The proposed rule would amend 10 CFR Part 40 to require applicants or licensees with a possession limit of 2,000 kg or more of UF6 to conduct an ISA and submit an ISA summary. NRC would assert jurisdiction over all applicants and licensees that are authorized to possess 2,000 kg or more of UF6, even if the facility is in an Agreement State.
Submit comments specific to the proposed rule and draft guidance document by September 9, 2011 (comment period extended).
> Download NRC release May 17, 2011 (PDF)
Federal Register: May 17, 2011 (Volume 76, Number 95) p. 28336-28358 (download full text )
Federal Register: June 1, 2011 (Volume 76, Number 105) p. 31507-31508 (download full text )
Federal Register: July 27, 2011 (Volume 76, Number 144) p. 44865-44866 (download full text )
> Download Guidance on the Implementation of Integrated Safety Analysis Requirements for 10 CFR Part 40 Facilities Authorized to Possess 2,000 Kilograms or More of Uranium Hexafluoride - Draft Report for Comment (NUREG-1962)
> Open Docket ID NRC-2009-0079 (proposed rule) · Docket ID NRC-2011-0080 (proposed guidance)
U.S. NRC issues Rule on Decommissioning Planning
> See here
> Download Regulatory Guide 3.71 - Nuclear criticality safety standards for fuels and material facilities, Dec. 2010, Rev. 2
NRC issues draft Regulatory Guide "Nuclear criticality safety standards for fuels and material facilities" for comment
Comments will be most helpful if received by September 29, 2010.
> Download draft regulatory guide DG-3030 (ADAMS Acc. No. ML100950065)
> Download Regulatory Guide 3.67 - Standard Format and Content for Emergency Plans for Fuel Cycle and Materials Facilities , Rev. 1, April 2011
NRC issues Draft Regulatory Guide "Standard Format and Content for Emergency Plans for Fuel Cycle and Materials Facilities" for comment:
Comments would be most helpful if received by July 12, 2010.
> Download draft regulatory guide DG-3039 (ADAMS Acc. No. ML093290274)
NRC issues Draft Regulatory Guide DG-8040, "Health Physics Surveys During Enriched Uranium-235 Processing and Fuel Fabrication." for comment.
Comments would be most helpful if received by May 3, 2010.
> Docket Docket ID NRC-2010-0115
Federal Register: March 22, 2010 (Volume 75, Number 54) p. 13599 (download full text )
> Download draft regulatory guide DG-8040 (ADAMS Acc. No. ML092150040)
This guide describes some engineering practices and methods generally considered by the U.S. Nuclear Regulatory Commission (NRC) to be satisfactory for the design, construction, and inspection of embankment retention systems used for retaining solid and liquid effluent from nuclear fuel cycle facility operations other than mining and milling. These practices and methods are the result of NRC review and action on a number of specific cases, and they reflect the latest general engineering approaches that are acceptable to the NRC staff.
Comments will be most helpful if received by April 30, 2010.
> Download draft regulatory guide DG-3040 (ADAMS Acc. No. ML092320052)
The revised Regulatory Guide 3.13 "Design, Construction, and Inspection of Embankment Retention Systems at Fuel Cycle Facilities" was issued on July 23, 2010.
> Download Regulatory guide 3.13 (ADAMS Acc. No. ML101470167)
NRC to ease restrictions on commencement of construction before licence is issued
> See here
The NRC staff is soliciting comments on draft regulatory guide DG-4017: "Monitoring and Reporting Radioactive Materials in Liquid and Gaseous Effluents from Nuclear Fuel Cycle Facilities".
Comments would be most helpful if received by April 5, 2010.
Federal Register: February 3, 2010 (Volume 75, Number 22) p. 5630-5631
(download full text )
> Docket Docket ID NRC-2010-0031
> Download draft regulatory guide DG-4017 (ADAMS Acc. No. ML091810092)
The revised regulatory guide was released in December 2010:
> Federal Register: December 28, 2010 (Volume 75, Number 248) p. 81675 (download full text )
> Download Regulatory Guide 4.16: ;Monitoring and Reporting Radioactive Materials in Liquid and Gaseous Effluents from Nuclear Fuel Cycle Facilities, Dec. 2010, Rev. 2 (ADAMS Acc. No. ML101720291)
("Perfumed" or "Blended" uranium is the term given to unirradiated material that has been processed in a system that has handled irradiated material.)
On October 20, 2009, NRC held a meeting at the request of Westinghouse Electric Company LLC (WEC) to discuss the inclusion of trace irradiated uranium in WEC fresh fuel and the implications for domestic and international transport, specifically for the Model Nos. Traveller and MCC transportation packages.
> Download NRC Memorandum Jan. 21, 2010 (ADAMS Acc. No. ML100220599)
> Download Westinghouse presentation at NRC meeting, Oct. 20, 2009 (ADAMS Acc. No. ML093350579)
The Nuclear Regulatory Commission (NRC) is proposing significant
revisions to its processes for overseeing the safety and security of
fuel cycle facilities. The NRC plans to develop a revised oversight
process for fuel cycle facilities that is more risk-informed, and
performance-based, resulting in more objective, predictable, and
transparent results of licensee or certificate holder assessments.
The comment period expires November 2, 2009.
Federal Register: September 3, 2009 (Volume 74, Number 170) p. 45657-45660 (download full text )
> View NRC release Sep. 8, 2009
> Download additional documents (ADAMS Acc. No. ML092380069 )
> Docket Docket ID NRC-2009-0386
> Download SECY-11-0140: Enhancements to the Fuel Cycle Oversight Process Oct. 7, 2011 (315k PDF)
The Nuclear Regulatory Commission (NRC) is announcing the availability of a revision to NUREG-1520, "Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility" for public comment.
Comments on these documents should be submitted by October 24, 2009 - comment period extended.
Federal Register: August 5, 2009 (Volume 74, Number 149) p. 39117-39118 (download full text )
Federal Register: August 19, 2009 (Volume 74, Number 159) p. 41946-41947 (download full text )
> Download Draft NUREG-1520 Rev. 2:
ADAMS Acc. No. ML091470567 , or: Docket ID: NRC-2009-0339
> Download Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility - Final Report (NUREG-1520, Revision 1), May 2010 · alternate source
> Download Draft Regulatory Guide DG-3038: Standard format and content of license applications for plutonium processing and fuel fabrication facilities, July 2009
(Proposed Revision 1 of Regulatory Guide 3.39, dated January 1976)
Comments will be most helpful if received by September 21, 2009.
On Oct. 21, 2011, NRC announced the availability of the revised Regulatory Guide.
> Federal Register: October 21, 2011 (Volume 76, Number 204) p. 65544-65545 (download fullt text )
> Download Regulatory Guide 3.39, Rev. 1: Standard Format and Content of License Applications for Mixed Oxide Fuel Fabrication Facilities, Oct. 2011
> Access Docket ID NRC-2009-0323
Final:
> Federal Register Volume 77, Number 4 (Friday, January 6, 2012) p. 823 (download full text )
> Download Regulatory Guide 3.74, January 2012
Revised Draft:
Comments will be most helpful if received by August 12, 2011.
> Federal Register: July 14, 2011 (Volume 76, Number 135) p. 41527-41528 (download full text )
> Download Draft Regulatory Guide DG-3037, July 2011 (223k PDF)
> Download Regulatory Analysis (82k PDF)
> Download NRC Staff Responses to Public Comments on Draft Regulatory Guide DG-3037, March 30, 2010 (103k PDF)
First Draft:
Federal Register: June 29, 2009 (Vol. 74, No. 123) p. 31073 (download full text )
> Download Draft Regulatory Guide DG-3037, June 2009 (ADAMS Acc. No. ML091200493)
> View Docket ID NRC-2009-0262
Public comments are being solicited on this draft guide. Comments would be most helpful if received by November 13, 2008.
Federal Register: September 16, 2008 (Volume 73, Number 180) p. 53446
(download full text )
> Download Draft Regulatory Guide RG 3.16, Sep. 2008 · Regulatory Guide RG 3.16, Rev. 1, Jan. 1974
> Download NUREG-1718 (Standard Review Plan for the Review of an Application for a Mixed Oxide (MOX) Fuel Fabrication Facility) Chapter 7, "Fire Protection,"
> Download Final Regulatory Guide 3.16, Rev. 1, April 2009
Federal Register: April 17, 2009 (Volume 74, Number 73) p. 17885
(download fullt text )
NRC staff proposes a revision of NRC Regulatory Guide RG 3.52: Standard format and content for the health and safety sections of license renewal applications for uranium processing and fuel fabrication.
This regulatory guide endorses the methods and procedures for evaluation and verification for the licensing of special nuclear material (SNM) contained in NUREG-1520 as a process that the NRC staff has found acceptable for meeting the regulatory requirements.
Public comments are being solicited on this draft guide. Comments will be most helpful if received by November 10, 2008.
> Federal Register: September 11, 2008 (Volume 73, Number 177) p. 52890-52891 (download full text )
> Download Draft Regulatory Guide DG-3031, Sept. 2008 · Regulatory Guide RG 3.52 Rev. 1, Nov. 1986
> Download NUREG-1520 (Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility, March 2002)
NRC staff proposes a revision of NRC Regulatory Guide RG 3.25: Standard format and content of safety analysis reports for uranium enrichment facilities.
The staff recommends that the NRC revise Regulatory Guide 3.25 to endorse the safety analysis report guidance in the current revision of NUREG-1520.
The revised Regulatory Guide was issued in December 2008.
> Download Draft Regulatory Guide DG-3033, May 2008 · Regulatory Guide RG 3.25, Dec. 1974
> Download NUREG-1520 (Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility, March 2002)
> Download Regulatory Guide RG 3.25 Rev. 1, Dec. 2008
U.S. NRC issues Proposed Rule on Decommissioning Planning for comment
> See here
The Commission approved the staff's recommendation to conduct a rulemaking to amend 10 CFR Part 40 to require that only certain new applicants and existing licensees for conversion and deconversion facilities be licensed by the NRC. Specifically, large facilities with significant quantities of uranium hexafluoride or uranium tetrafluoride would only be licensed by the NRC. All other conversion and deconversion facilities would be licensed by the NRC or an Agreement State depending upon its location. These requirements would not apply to existing facilities currently undergoing decommissioning. If new license applications are submitted before the completion of the rulemaking, the staff shall impose 10 CFR Part 70, Subpart H, performance requirements as part of the licensing basis for the application review.
> View SECY-07-0146, Regulatory options for licensing new uranium conversion and depleted uranium deconversion facilities, August 24, 2007 · PDF format
> View related Staff Requirements Memorandum Oct. 10, 2007 · PDF format
On Feb. 22, 2008, NRC held a workshop on potential changes to 10 CFR Part 40 in regard to the regulation of conversion and deconversion facilities.
> Download workshop documents (ADAMS ML080780435)
On June 19, 2007, NRC alerted licensees operating fuel cycle facilites about deficiences that became apparent at two facilities after accidental exposures to UF6 and/or hydrogen fluoride (HF) had occured.
In one case, a worker suffered chemical skin burns after exposure to UF6/HF, since his protective gear was insufficient. Moreover, the local hospital to which he was taken was not prepared to treat HF burns and had no supply of the calcium gluconate required for treatment.
In another case, two workers who had inhaled small amounts of HF vapor had not been sent for treatment immediately, as required. It is well established that symptoms may develop with some delay.
> Download NRC Information Notice 2007-22: Recent hydrogen fluoride exposures at fuel cycle facilities, June 19, 2007 (ADAMS: ML071410230)
On April 9, 2007, for the first time, the U.S. NRC issued an export license of Chinese origin uranium for enrichment at Urenco's European enrichment plants. So far, China had been known to be an uranium importer only; minor amounts of Chinese uranium had been exported by the U.S. in nuclear fuel for Japanese utilities, though.
> Download Export License XSOU8810 Amendment No. 01, April 9, 2007 (ADAMS Accession No. ML071020246)
> Download Application for Amendment of Export License XSOU8810, Feb. 22, 2007 (ADAMS Accession No. ML070610249)
Comments would be most helpful if received by May 29, 2007.
Federal Register: March 30, 2007 (Volume 72, Number 61) p. 15173-15175 (download full text )
> Download Interim Revision 2 of Regulatory Guide 4.15: Quality Assurance for Radiological
Monitoring Programs (Inception Through Normal Operations to License
Termination) -- Effluent Streams and the Environment (PDF)
NRC staff recommends that the maximum license term for Part 70, Subpart H, licensees be increased from 10 years to 40 years.
> Download SECY-06-0186 (Aug. 24, 2006) (PDF)
The experience with defective valves and other technical problems leads NRC to a more formal approach to the inspection of activities involving the use of UF6 cylinders, to ensure that the integrity of these cylinders is maintained when in active use.
> Temporary Instruction: Safety of Uranium Hexafluoride Cylinders At Fuel Cycle Facilities (April 21, 2006)
Federal Register: October 26, 2005 (Volume 70, Number 206) p. 61847-61848 (download full text )
> Download NUCLEAR CRITICALITY SAFETY STANDARDS FOR FUELS AND MATERIAL FACILITIES, REGULATORY GUIDE 3.71, Revision 1, October 2005 (686k PDF)
> Download
NRC Information Notice 2005-22: Inadequate criticality safety analysis of ventilation systems at fuel cycle facilities, July 29, 2005 (PDF)
The documents can be accessed via NRC's document management system ADAMS .
Federal Register: March 8, 2006 (Volume 71, Number 45) p. 11683-11685 (download full text )
- FCSS Interim Staff Guidance-05, Revision 0: Additional Reporting Requirements of 10 CFR 70.74 (ML053630228 )
Federal Register: November 8, 2005 (Volume 70, Number 215) p. 67757-67761 (download full text )
- FCSS Interim Staff Guidance-08, Revision 0: Natural Phenomena Hazards (ML052650305 )
Federal Register: June 27, 2005 (Volume 70, Number 122) p. 36969 (download full text )
- FCSS Interim Staff Guidance-01, Revision 0:
Qualitative Criteria for Evaluation of Likelihood (ML051520236 )
- FCSS Interim Staff Guidance-04, Revision 0:
Clarification of Baseline Design Criteria (ML051520313 )
- FCSS Interim Staff Guidance-09, Revision 0:
Initiating Event Frequency (ML051520323 )
Interim Staff Guidance-10 provides guidance to
NRC staff relative to determining whether the minimum margin of
subcriticality (MoS) is sufficient to provide an adequate assurance of
subcriticality for safety to demonstrate compliance with the
performance requirements of 10 CFR 70.61(d).
Federal Register: December 6, 2004 (Volume 69, Number 233) p. 70475-70480 (download full text )
On Oct. 18, 2005, Revision 1 of the draft Interim Staff Guidance was released for public comment.
Federal Register: October 18, 2005 (Volume 70, Number 200) p. 60565-60575 (download full text )
Notice of Availability of Draft Interim Staff Guidance Document for Fuel Cycle Facilities
Federal Register: March 20, 2006 (Volume 71, Number 53) p. 14018-14028 (download full text )
Notice of Availability of Interim Staff Guidance Documents For Fuel Cycle Facilities
Federal Register: June 27, 2006 (Volume 71, Number 123) p. 36558-36568 (download full text )
> Download Interim Staff Guidance 10, Rev. 0 (ADAMS ML061650370)
Draft Interim Staff Guidance-09 provides guidance to
NRC staff relative the requirements associated with the use of
Initiating Event Frequencies (IEFs) for demonstrating compliance with
the performance requirements of 10 CFR 70.61.
Federal Register: November 9, 2004 (Volume 69, Number 216) p. 64996-64998
(download full text )
The Nuclear Regulatory Commission (NRC) plans to issue Interim
Staff Guidance (ISG) documents for fuel cycle facilities. These ISG
documents provide clarifying guidance to the NRC staff when reviewing
licensee integrated safety assessments, license applications or
amendment requests or other related licensing activities for fuel cycle
facilities under subpart H of 10 CFR part 70. The NRC is soliciting
public comments on the ISG documents which will be considered in the
final versions or subsequent revisions.
Federal Register: September 23, 2004 (Volume 69, Number 184) p. 57101 (download full text )
> Download Interim Staff Guidance 01 · 02 · 03 · 05 · 06 · 07
NUREG-1748 - Environmental Review Guidance for Licensing Actions Associated with NMSS Programs, August 28, 2003
> See also: Federal Register: September 9, 2003 (Volume 68, Number 174)
p. 53205 (download full text )
NRC releases draft guidance for comment
Federal Register: June 11, 2003 (Volume 68, Number 112) p. 35014-35015 (download full text )
"SUMMARY: The NRC's Office of Nuclear Material Safety and Safeguards
(NMSS) has drafted guidance for the NRC staff on applying the backfit
requirements of 10 CFR part 70 to fuel cycle facilities. The draft
guidance is titled, NMSS Policy and Procedures Letter (P&PL) 1-82, ''10
CFR part 70 Backfit Guidance.'' The P&PL is now available for
stakeholder review and comment."
DOE releases Final Programmatic Environmental Assessment (PEA)
"The U.S. Department of Energy (DOE) proposes to implement a comprehensive management program to
safely, efficiently, and effectively manage its potentially reusable low enriched uranium (LEU), normal
uranium (NU), and depleted uranium (DU). Uranium materials, which are presently located at multiple sites,
are to be consolidated by transporting the materials to one or several storage locations, to facilitate ultimate
disposition. Management would include the storage, transport, and ultimate disposition of these materials. [...]"
"The comprehensive management program addressed in this PEA looks at
transportation, including preparation of uranium materials for safe shipment, long-term storage, maintenance
and disposition. The PEA addresses 14,200 metric tons of uranium (MTU) of uranium materials thought to be
potentially reusable; thus, uranium wastes are not part of the scope. Reusable is defined as “uranium material
having an economically viable disposition path.” The management plan will cover uranium materials that are
currently in the form of oxides, metals, and other stable compounds, and which are located at various sites
around the United States. The plan will not include irradiated material, material in the form of uranium
hexafluoride (UF6), uranium that is enriched to 20% or greater in 235U, or uranium enriched in 233U."
> Download Final Programmatic Environmental Assessment for the U.S. Department of Energy, Oak Ridge Operations Implementation of a Comprehensive Management Program for the Storage, Transportation and Disposition of Potentially Reusable Uranium Materials , DOE/EA-1393, February 2003, 340 p. (34MB PDF)
> Download FONSI (Finding of No Significant Impact) , Oct. 16, 2002 (0.4MB PDF)
DOE seeks comment on plan for management of reusable uranium
The U.S. Department of Energy is seeking public comment on a plan to ensure safe storage, transportation, and disposition of its reusable excess uranium at DOE facilities throughout the nation.
> View DOE release May 22, 2002
> Download DRAFT Programmatic Environmental Assessment for the U.S. Department of Energy, Oak Ridge Operations,
Implementation of a Comprehensive Management Program for the Storage, Transportation, and Disposition of Potentially Re-Usable Uranium Materials , DOE/EA-1393, May 16, 2002, 167 p. (3MB PDF)
> See also: Uranium Management Group (UMG) Fact Sheet, Dispositioning Reusable Uranium Currently in Interim Storage at Portsmouth UMG Facility , May 17, 2002 (355k PDF)
This “Standard Review Plan (SRP) for the Review of a License Application
for a Fuel Cycle Facility” provides U.S. Nuclear Regulatory Commission
(NRC) guidance for reviewing and evaluating the health, safety, and environmental protection aspects of applications for licenses to possess and use special nuclear material (SNM) to produce nuclear reactor fuel. This guidance
also applies to the review and evaluation of proposed amendments and license
renewal applications for nuclear fuel cycle facilities.
> Download Standard Review Plan (SRP) for the Review of a License Application for a Fuel Cycle Facility , Final Report, NUREG-1520, March 2002
EPA seeks comment on draft Acute Exposure Guideline Levels for uranium hexafluoride
Federal Register: February 15, 2002 (Vol. 67, No. 32) p. 7164-7176 (download full text) :
SUMMARY: The National Advisory Committee for Acute Exposure Guideline
Levels for Hazardous Substances (NAC/AEGL Committee) is developing
AEGLs on an ongoing basis to provide Federal, State, and local agencies
with information on short-term exposures to hazardous chemicals. This
notice provides AEGL values and Executive Summaries for eight chemicals
for public review and comment. Comments are welcome on both the AEGL
values in this notice and the technical support documents placed in the
public version of the official docket for these eight chemicals.
[...]
Table 6.--Summary of Proposed AEGL Values for Uranium Hexafluoride (mg/m3)
| Classification | 10-minute | 30-minute | 1-hour | 4-hour | 8-hour | Endpoint
(Reference) |
| AEGL-1 (Nondisabling) | 3.6 | 3.6 | 3.6 | NR | NR | Modification of hydrogen fluoride AEGL-1 values (EPA, 2001) |
| AEGL-2 (Disabling) | 28 | 19 | 9.6 | 2.4 | 1.2 | Renal tubular pathology in dogs (Morrow et al., 1982) |
| AEGL-3 (Lethality) | 550 | 100 | 36 | 4.4 | 1.6 | Estimated 1-hour NOEL for death in the rat (Leach et al., 1984) |
U.S. EPA to hold Public Meeting on Acute Exposure Guideline Levels for Uranium hexafluoride on Oct 23-25, 2000
Federal Register: Sep 22, 2000 (Vol. 65, No. 185) p. 57337-57338 (download full notice ):
"SUMMARY: A meeting of the National Advisory Committee for Acute
Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee)
will be held on October 23-25, 2000, in Washington, DC. At this
meeting, the NAC/AEGL Committee will address, as time permits, the
various aspects of the acute toxicity and the development of Acute
Exposure Guideline Levels (AEGLs) for the following chemicals: Agents
GA, GB, GD, GF, VX; Allyl alcohol; Boron trichloride; Chloromethyl
methyl ether; Diborane; Furan; Hydrogen sulfide; Perchloromethyl
mercaptan; Phosphine; Propylene oxide; Tetrachloroethylene;
Tetranitromethane; and Uranium hexafluoride."
NRC issues final rule on "Domestic Licensing of Special Nuclear Material"
> View FR Notice: Federal Register: Sep 18, 2000
NRC staff presents final rule on "Domestic Licensing of Special Nuclear Material"
NRC staff is seeking Commission approval of a final rule amending 10 CFR Part 70, "Domestic Licensing of Special Nuclear Material (SNM)," for certain licensees authorized to possess a critical mass of SNM.
> see SECY-00-0111 (May 19, 2000)
> see also DOE Office of Worker Advocacy Web Site
> see also DOL Energy Employees Compensation Program
HHS includes chronic lymphocytic leukemia as a radiogenic cancer compensable under EEOICPA
In a notice of proposed rulemaking published in the Federal Register on March 21, 2011, the Department of Health and Human Services (HHS) proposed to treat chronic lymphocytic leukemia (CLL) as a radiogenic cancer under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA).
> Federal Register: March 21, 2011 (Volume 76, Number 54) p. 15268-15275 (download full text )
On February 6, 2012, the final rule was published. Under the final rule, CLL will now be treated as being potentially caused by radiation and as potentially compensable under EEOICPA. This reverses the earlier decision by HHS to exclude this cancer from consideration. This change will become effective on March 7, 2012.
> Federal Register Volume 77, Number 24 (Monday, February 6, 2012) p. 5711-5714 (download full text )
DOL issues final rule governing its responsibilities under the
Energy Employees Occupational Illness Compensation Program Act
Performance of Functions; Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended
Federal Register: December 29, 2006 (Volume 71, Number 250) p. 78519-78568
(download full text )
National Institute for Occupational Safety and Health invites comment on changes to the NIOSH-IREP Lung Cancer Risk Model under the Energy Employees
Occupational Illness Compensation Program Act of 2000
Federal Register: March 24, 2006 (Volume 71, Number 57) p. 14896-14897
(download full text )
> See also: NIOSH/
OCAS: Probability of Causation--NIOSH-IREP
NIOSH announces changes to the dose reconstruction target organ selection for lymphoma under EEOICPA
Notice of a Change to a Scientific Element Underlying Radiation Dose Reconstructions under the Energy Employees Occupational Illness Compensation Program Act of 2000.
Federal Register: February 15, 2006 (Vol. 71, No. 31) p. 7969-7970 (download full text )
National Institute for Occupational Safety and Health; Proposed
Changes to the Dose Reconstruction Target Organ Selection for Lymphoma
Under the Energy Employees Occupational Illness Compensation Program
Act of 2000.
Federal Register: January 19, 2006 (Volume 71, Number 12) p. 3095-3096
(download full text )
U.S. Department of Health and Human Services issues Interim Final Rule with
Request for Comments on amendments to procedures for designating classes of employees as members of the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000
SUMMARY: The Department of Health and Human Services ("HHS") is
amending its procedures to consider designating classes of employees to
be added to the Special Exposure Cohort under the Energy Employees
Occupational Illness Compensation Program Act of 2000 ("EEOICPA"), 42
U.S.C. 7384-7385. HHS must change these procedures to implement
amendments to EEOICPA enacted on October 28, 2004, as part of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005, Public Law 108-375 (codified as amended in scattered sections of
42 U.S.C.).
DATES: Effective Date: This interim final rule is effective December
22, 2005.
Comments: The Department invites written comments on the interim
final rule from interested parties. Comments on the rule must be
received by February 21, 2006.
Comment period extended:
Any public written comments must be received on or before March 23, 2006.
Federal Register: December 22, 2005 (Volume 70, Number 245) p. 75949-75954 (download full text )
Federal Register: February 21, 2006 (Vol. 71, No. 34) p. 8808 (download full text )
U.S. Department of Labor Assumes Responsibility for a New Energy Workers' Compensation Program
The U.S. Department of Labor today announced that it has assumed responsibility for administration of the new Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), under legislation sponsored by Senator Jim Bunning (R-KY), signed Oct. 29, 2004, by President Bush. The program provides federal benefits to DOE contractor and subcontractor employees (or their eligible survivors) for occupational illnesses caused by exposure to toxic substances while working at a Department of Energy (DOE) facility. The new law also provides additional compensation for uranium workers covered by the Radiation Exposure Compensation Act (RECA). In addition to managing Part E of the EEOICPA, the department also administers Part B, which provides lump sum compensation and payment of medical expenses for current and former DOE employees who became ill as a result of their exposure to radiation, beryllium or silica.
Until recently, DOE managed the program known as Part D of EEOICPA. However, a provision of the Fiscal Year 2005 Defense Authorization Bill abolished Part D and replaced it with Part E, a system of federal payments to be administered by the Department of Labor (DOL).
(U.S. Newswire Nov. 1, 2004)
GAO acknowledges progress with DOL-managed part of Energy worker compensation program
Energy Employees Compensation: Many Claims Have Been Processed, but Action Is Needed to Expedite Processing of Claims Requiring Radiation Exposure Estimates, United States General Accounting Office, GAO-04-958, September 10, 2004, 39 p.
> Download full report GAO-04-958 (PDF)
GAO sceptical on outcome of DOE-managed part of Energy worker compensation program
Energy Employees Compensation: Even with Needed Improvements in Case Processing, Program Structure May Result in Inconsistent Benefit Outcomes, United States General Accounting Office, GAO-04-515 / GAO-04-516, May 28, 2004
> Download full report GAO-04-515 or GAO-04-516 (PDF)
HHS issues final rule describing procedure for designating additional classes of employees for eligibility for compensation
42 CFR Part 83
Procedures for Designating Classes of Employees as Members of the
Special Exposure Cohort Under the Energy Employees Occupational Illness
Compensation Program Act of 2000; Final Rule
Federal Register: May 28, 2004 (Vol. 69, No. 104), p. 30763-30786 (Download full text )
"SUMMARY: This document describes how the Department of Health and Human
Services (''HHS'') will consider designating classes of employees to be
added to the Special Exposure Cohort under the Energy Employees
Occupational Illness Compensation Program Act of 2000 (''EEOICPA'').
Under EEOICPA, and Executive Order 13179, the Secretary of HHS is
authorized to make such designations, which take effect 180 days after
Congress is notified unless Congress provides otherwise. An individual
member (or the eligible survivors of a member) of a class of employees
added to the Special Exposure Cohort would be entitled to compensation
if the Department of Labor (''DOL'') finds that employee incurred a
specified cancer and the claim meets other requirements established
under EEOICPA."
> See also proposed rules:
Senate Committee hearing unveils: only one DOE worker compensated after four years
At the occasion of a hearing held by the U.S. Senate Energy and Natural Resources Committee on March 30, 2004, lawmakers learned that just one person has received a check so far - nearly four years since Congress passed a law to help sick nuclear weapons workers receive compensation for exposure to toxic substances. The Energy Department says its program needs more time and money, but lawmakers appeared skeptical. Lawmakers have been told that one unidentified worker from Washington state has received $15,000 in compensation.
Of the approximately 22,000 eligible workers who have filed for help, 372 - less than 2 percent - have been notified about whether their illnesses are thought to be job related.
(Courier Journal Mar. 31, 2004)
- U.S. Senate Committee hearing: Oversight hearing on the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), Tuesday, March 30, 2004
- U.S. General Accounting Office Testimony: Energy Employees Compensation: Obstacles Remain in Processing Cases Efficiently and Ensuring a Source of Benefit Payments, by Robert E. Robertson, director, education, workforce, and income security issues, before the Senate Committee on Energy and Natural Resources, March 30, 2004 (240k PDF - GAO)
DOE revises List of Covered Facilities
The latest update includes the following changes:
- Adds Ore Buying Stations at
Crooks Gap, WY; Edgemont, SC, Globe, AZ; Grants, NM; Marysbale, UT; Moab, UT; Monticello, UT; White Canyon, UT; Riverton, WY; and Shiprock, NM.
- Adds the following Energy Department facilities:
Green Sludge Plant, Uraven, CO; Uranium Mill in Durango, CO; Uranium Mill in Monticello, UT; and Tonopah Test Range in Tonopah, NV.
- Deletes the following private companies:
Wash-Rite, Indianapolis, IN; Spencer Chemical Company, Kansas City, MO.
> Download DOE release, Aug. 5, 2003 (92k PDF)
The complete list was published in:
Federal Register: July 21, 2003 (Volume 68, Number 139) p. 43095-43101
(download full text )
DOL issues final rule on Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended
Federal Register: December 26, 2002 (Volume 67, Number 248) p. 78873-78910
(download full text )
"SUMMARY: On May 25, 2001, the Department of Labor (DOL) published
interim final regulations that governed its responsibilities under the
Energy Employees Occupational Illness Compensation Program Act of 2000,
as amended (EEOICPA or Act). The Act provides lump-sum payments and
medical benefits to covered employees and, where applicable, to
survivors of such employees, of the Department of Energy (DOE), its
predecessor agencies and certain of its vendors, contractors and
subcontractors. The Act also provides smaller lump-sum payments and
medical benefits to individuals found to be eligible for an award under
section 5 of the Radiation Exposure Compensation Act, as amended
(RECA), and where applicable, to their survivors.
At the same time the Department published the interim final
regulations, it also invited written comments and advice from
interested parties regarding possible changes to those regulations.
This document amends the interim final regulations based on comments
that the Department received, and also includes changes necessary to
conform the regulations to several technical amendments to the EEOICPA
that Congress enacted after the interim final regulations were
published."
Bill introduced in House to reform DOE Worker Compensation
On September 26, 2002, Representative Strickland introduced bill H.R. 5493 to reform the Energy Employees Occupational Illness Compensation Program Act of
2000 (EEOICPA).
OCAS releases technical documents for IREP program
On June 14, 2002, the National Institute for Occupational Safety and Health (NIOSH) Office of Compensation Analysis and Support (OCAS) released documents representing the technical basis and assumptions used in the NIOSH-Interactive RadioEpidemiological Program (IREP) program:
Response to Subject Matter Expert Review Comments on NIOSH-IREP (4.4M PDF)
NIOSH-Interactive RadioEpidemiological Program (NIOSH-IREP) Technical Documentation: Final Report (4.3M PDF)
Responses to Review Comments on Draft Report: Proposed Radiation Weighting Factors for Use in Calculating Probability of Causation of Cancers (78k PDF)
Relative Biological Effectiveness (RBE) Factors for Use in Calculating Probability of Causation of Radiogenic Cancers (2.3M PDF)
Proposed Revisions to RBE Factors (74k PDF)
HHS releases final rules
Department of Health and Human Services, 42 CFR Parts 81 and 82:
- 42 CFR Part 81 - Guidelines for Determining the Probability of Causation Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Final Rule.
Federal Register: May 2, 2002 (Vol. 67, No. 85) p. 22295-22314: GPO text · NIOSH (PDF)
- 42 CFR Part 82 - Methods for Radiation Dose Reconstruction Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Final
Rule.
Federal Register: May 2, 2002 (Vol. 67, No. 85) p. 22314-22336: GPO text · NIOSH (PDF)
> View HHS release April 30, 2002 (alternate source )
> See also: NIOSH Office of Compensation Analysis and Support (OCAS)
Eligibility Expanded For Compensation From Nuclear Workers Program
Congress has enacted legislation that changes the eligibility requirements for children
of workers who died after contracting certain work-related illnesses in work performed for the Department of Energy's nuclear weapons program. The amendment, among others, also adds a type of leukemia to the list of cancers for which certain workers can receive benefits.
> View DOL news release Dec. 13, 2001
> View S.1438: National Defense Authorization Act for Fiscal Year 2002 , SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
NIOSH releases draft online calculator to determine probability of causation for cancer claims of nuclear workers
To determine probability of causation for a cancer claim under the Energy Employees Occupational Illness Compensation Program Act of 2000, DOL will be using a computer software application the National Institute for Occupational Safety and Health (NIOSH) has developed in collaboration with the National Cancer Institute, called NIOSH-IREP. This computer software is a tool that allows DOL to determine the probability a cancer was caused by a person's radiation dose from nuclear weapons production work.
> NIOSH Office of Compensation Analysis and Support - Interactive RadioEpidemiological Program (OCAS-IREP) page
> NIOSH-IREP online calculator (JavaScript and Cookies required)
> Download software documentation
Comments on the software are invited.
HHS seeks public comment on rules to assist compensation of nuclear workers for job-related cancers
"The U.S. Department of Health and Human Services (HHS) today asked for public comment on two rules under which the department will provide scientific expertise to assist in decision-making under the Energy Employees Occupational Illness Compensation Program Act of 2000. The two rules, "Methods for Radiation Dose Reconstruction" and "Guidelines for Determining the Probability of Causation," are published in today's Federal Register as an interim final rule and a notice of proposed rulemaking, respectively."
> View NIOSH release Oct. 5, 2001
42 CFR Part 81 - Guidelines for Determining the Probability of Causation Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Notice of Proposed Rulemaking
> Federal Register Oct. 5, 2001 (Vol. 66, No. 194) p. 50967-50978: GPO (text) · NIOSH (PDF)
> Federal Register: Jan. 17, 2002 (Vol. 67, No. 12) p. 2397-2398: GPO (text)
42 CFR Part 82 - Methods for Radiation Dose Reconstruction Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Interim Final Rule With Request for Comments
> Federal Register Oct. 5, 2001 (Vol. 66, No. 194) p. 50978-50991: GPO (text) · NIOSH (PDF)
> Federal Register: Jan. 17, 2002 (Vol. 67, No. 12) p. 2343: GPO (text)
> Federal Register: Feb. 14, 2002 (Vol. 67, No. 31) p. 6874-6875: GPO (text)
Labor Department issues interim final rule on energy workers' compensation
Federal Register: May 25, 2001 (Vol 66, No 102) p. 28947-29003
Labor Department to manage DOE Worker Compensation program
On April 6, 2001, the Bush administration has decided against giving the Justice Department control of a benefit program for sick nuclear workers. (Salt Lake Tribune April 7, 2001)
The Justice Department is running the RECA program for former uranium miners and others.
> see also: Labor Department Office of Workers' Compensation Programs
First payments are scheduled for July 31, 2001.
"Congressional negotiators have accepted landmark DOE nuclear workers compensation legislation as part of the FY 2001 Defense Authorization Act to help those who have incurred occupational illnesses while working in nuclear weapons factories.
This bill marks a major achievement because it provides long-overdue compensation for those who were placed in harm's way without their knowledge and were made ill from exposure to radiation, beryllium and silica.
This legislation provides lump-sum payments of $150,000 plus medical benefits per worker for those who contracted certain diseases from their workplace exposure.
It is structured as 'entitlement' spending, which means that when this law is enacted in the near future, Congress will have made an enduring financial commitment to help these sick workers." (PACE Oct 6, 2000)
On Oct. 11. 2000, the House approved and sent to the Senate the military authorization bill that includes provisions creating a new entitlement program for the sick workers. Senate passage was expected.
President Clinton signed the bill on Oct. 30, 2000.
> The legislation is part of the defense authorization bill H.R. 4205 and became Public Law No: 106-398
On December 7, 2000, President Clinton signed Executive Order 13179 "Providing Compensation to America's Nuclear Weapons Workers" setting up a comprehensive compensation program based on Public Law 106-398.
The order was published in Federal Register Vol. 65, No. 238, Dec. 11, 2000, p. 77485-77490
On December 15, 2000, Congress approved $60 million to set up the federal entitlement, aiding nuclear factory workers sickened on the job. (AP Dec. 15, 2000)
On May 9, 2000, Senator Voinovich introduced bill S. 2519 (Energy Employees Occupational Illness Compensation Act of 2000) in the U.S. Senate: "To authorize compensation and other benefits for employees of the Department of Energy, its contractors, subcontractors, and certain vendors who sustain illness or death related to exposure to beryllium, ionizing radiation, silica, or hazardous substances in the performance of their duties, and for other purposes."
SECY-00-0222 - Status of Nuclear Fuel Cycle Facility Oversight Program Revision (November 27, 2000)
NRC to Hold Public Meeting Concerning the Revision of the Oversight Program for Nuclear Fuel Cycle Facilities
The meeting is scheduled for May 16, 2001 in Paducah, Kentucky.
> View FR Notice: Federal Register: May 3, 2001
NRC to meet with public to discuss fuel facility oversight
The Nuclear Regulatory Commission will hold a public meeting on May 8, 2001, in Rockville, Maryland, to discuss ways of improving its oversight of nuclear fuel cycle facilities, which process and fabricate uranium ore into nuclear reactor fuel.
> View NRC News Release April 27, 2001
U.S. NRC Workshop on Fuel Facility Oversight Program
NRC will hold another public workshop February 8, 2001 in Washington DC, to provide the public, those regulated by the NRC, and other stakeholders, with information about and an opportunity to provide views on how NRC plans to revise its oversight program for nuclear fuel cycle facilities.
> View FR Notice: Federal Register: Jan. 30, 2001
> View SECY-99-188 - Evaluation And Proposed Revision Of The Nuclear Fuel Cycle Facility Safety Inspection Program (July 21, 1999)
> View Draft Workplan and other documents at NRC's Technical Conference Website
> View background information and meeting transcripts