NRC AMENDS REGULATIONS ON EXPORT AND IMPORT

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NRC AMENDS REGULATIONS ON EXPORT AND IMPORT

OF NUCLEAR EQUIPMENT AND MATERIAL


The Nuclear Regulatory Commission is amending its regulations to improve the agency’s regulatory framework for the export and import of nuclear equipment, material and radioactive waste. In addition to making clarifications, updates and corrections to several provisions, the rule allows imports of sources under a general license and revises the definition of radioactive waste for the purposes of export and import.

The amendments, in a final rule published July 28 in the Federal Register, remove the requirements for licensees to obtain a specific license before importing Category 1 and Category 2 quantities of radioactive materials listed in Appendix P to 10 CFR 110. NRC or Agreement State licensees must be authorized to possess these sources domestically in order to import them under a general license. Importers are still required to provide notification of the import prior to shipment. (Thirty-seven states have agreements with the NRC under which the states license and regulate radioactive material.)

The NRC is making this change because of enhancements made to the domestic materials licensing and regulatory framework since the terrorist attacks of Sept. 11, 2001. Those security enhancements include background investigations, fingerprint checks and trustworthiness and reliability checks of personnel allowed unescorted access to risk-significant materials, physical intrusion barriers, coordination with local law enforcement and enhanced security measures during transport.

In addition, the National Source Tracking System (NSTS), implemented in 2009, provides “cradle-to-grave” tracking of Category 1 and Category 2 radiation sources. Licensees are required to report to the system within 24 hours receipt of any new tracked source and note where the source came from. With the NSTS in place and preshipment notifications, there is much more information about imported sources available to the NRC staff.

The final rule revises the definition of radioactive waste to make the export and import requirements more consistent with domestic licensing requirements. The changes clarify that exporting or importing radioactive material for recycling, waste treatment, or other waste management processes that generates waste for disposal requires a specific export or import license.

A proposed rule outlining these amendments was published in the Federal Register on June 23, 2009. Public comments on the proposed rule are discussed in the current Federal Register notice, which can be found online at this address: http://edocket.access.gpo.gov/2010/pdf/2010-18219.pdf.





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