Information Notice 1986-90, Requests to Dispose of Very Low-Level Radioactive Waste Pursuant to 10 CFR 20.302

Requests to Dispose of Very Low-Level Radioactive Waste Pursuant to 10 CFR 20.302

ML031250358
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, 05000000, Zimmer, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant, Skagit, Marble Hill, Crane
Issue date:	11/03/1986
From:	Jordan E NRC/IE
To:
References
FOIA/PA-2009-0209 IN-86-090, NUDOCS 8610290045
Download: ML031250358 (3)

SSINS No.:

6835 IN 86-90

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF INSPECTION AND ENFORCEMENT

WASHINGTON, D.C.

20555

November 3, 1986

IE INFORMATION NOTICE NO. 86-90: REQUESTS TO DISPOSE OF VERY LOW-LEVEL

Addressees

All nuclear power reactor facilities holding an operating license or a

construction permit and research and test reactors.

Purpose

This notice is to inform nuclear reactor licensees of the authority of Agreement

States in reviewing and approving disposals of waste that in the past might have

been reviewed by the NRC pursuant to 10 CFR 20.302(a). In those cases where the

reactor facility was in an Agreement State, the NRC did not have a legal basis

for performing the reviews and granting approvals.

It is suggested that recipients review the information provided for applicability

to their facilities.

However, information contained in this notice does not

constitute-NRC requirements; therefore, no specific action or written response

is required.

Discussion:

In February 1983, the NRC issued IE Information Notice 83-05, "Obtaining Approval

for Disposing of Very Low-Level Radioactive Waste - 10 CFR Section 20.302.'

The

purpose of this information notice was to call attention to the little-used

section of NRC regulations, 10 CFR 20.302(a), that provides a method for obtaining

approval of proposed procedures for disposing of radioactive material in a manner

not otherwise authorized in the regulations.

The notice identified NRR as the

NRC Office to receive and process utility applications. Neither the Notice nor

10 CFR 20.302(a) addresses NRC versus Agreement State jurisdiction. As a matter

of practice, reactor licensees who requested such approvals from the NRC for

radioactive waste disposal in Agreement States were advised that they also must

obtain the approval of the Agreement State.

However, in a recent legal opinion

regarding regulatory jurisdiction, the NRC's Executive Legal Director made it

clear that in Agreement States NRC approval is not necessary for disposal within

or outside of the exclusion area of low-level radioactive waste from a reactor

facility.

Such approval is within the jurisdiction of the Agreement State.

For

disposal of very low-level radioactive waste in States that are not Agreement

States, only NRC approval is required.

8610290045

IN 86-90

November 3, 1986 In Agreement States, regulation of the handling and storage (including waste

treatment) at the reactor site of low-level waste resulting from the reactor

operation is reserved to the NRC pursuant to 10 CFR 150.15(a)(1).

For this

purpose, the reactor site includes the exclusion area since it represents

specifically the area of greatest and most immediate public health and safety

concern in the operation of the reactor.

Therefore, applications for disposal by reactors in Agreement States should be

submitted to the Agreement State.

Applications for disposal pursuant to

10 CFR 20.302 by reactors in Non-Agreement States should be submitted to the

NRC Office of Nuclear Reactor Regulation.

This may change at some point in the future since NRC staff is presently drafting

a change to 10 CFR 150.15 that would clearly establish the NRC as having sole

authority over all low-level radioactive waste activities, including disposal, within the exclusion area at NRC-licensed reactors and at certain fuel cycle

facilities.

No specific action is required by this information notice.

If you have any

questions about this matter, please contact one of the individuals listed below

or this office.

dan KX@ rector

ivisio of Emergency Preparedness

and Engineering Response

Office of Inspection and Enforcement

Technical Contacts:

Faith N. Brenneman, NRR

(301) 492-7856

John D. Buchanan, IE

(301) 492-9657 Legal Contact:

Robert L. Fonner, ELD

(301) 492-8692 Attachment:

Attachment 1

IN 86-90

November 3, 1986

LIST OF RECENTLY ISSUED

IE INFORMATION NOTICES

Information

Date of

Notice No.

Subject

Issue

Issued to

86-89

86-05 Sup. 1

Uncontrolled Rod Withdrawal

Because Of A Single Failure

Main Steam Safety Valve Test.

Failures And Ring Setting

Adjustments

10/16/86

10/16/86

All BWR facilities

holding an OL or CP

All power reactor

facilities holding

an OL or CP

t86-25 Sup. 1

Traceability And Material

Control of Material And

Equipment, Particularly

Fasteners

10/15/86

All power reactor

facilities holding

an OL or CP

86-88

86-87

86-86

86-85

86-84

86-83

Compensatory Measures For

Prolonged Periods Of Security

System Failures

10/15/86 Loss Of Offsite Power Upon An 10/10/86 AutomatIc-Riis Transfer

-

Clarification Of Requirements 10/10/86

For Fabrication And Export Of

Certain Previously Approved

Type 8 Packages

Enforcement Actions Against

Medical Licensees For

Willfull Failure To Report

Misadministrations

Rupture Of A Nominal

40-Millicurie Iodine-125

Brachytherapy Seed Causing

Significant Spread Of

Radioactive Contamination

Underground Pathways Into

Protected Areas, Vital Areas,

Material Access Areas, And

Controlled Access Areas

10/3/86

9/30/86

9/19/86

All power reactor

facilities holding

an OL or CP; fuel

fabrication and

processing facilities

All power reactor

facilities holding

an OL or CP

All registered users

of NRC certified

packages

All NRC medical

licensees

All NRC medical

institution licensees

All power reactor

facilities holding

an OL or CP; fuel

fabrication and

processing facilities

OL = Operating License

CP = Construction Permit