Information Notice 1991-65, Emergency Access to Low-Level Radioactive Waste Disposal Facilities
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
WASHINGTON, D.C. 20555 October 16, 1991 NRC INFORMATION NOTICE 91-65: EMERGENCY ACCESS TO LOW-LEVE
WASTE DISPOSAL FACILITIES K RADIOACTIVE
Addressees
All NRC licensees.
Purpose
notice
The U.S. Nuclear Regulatory Commission (NRC) is issuing this information
to licensees who generate or who may potentially generate low-level radioactive
waste (LLW) for shipment to LLW disposal facilities. This notification is
intended to inform licensees of the strict requirements governing implementa- Waste
tion of the emergency access provision of the Low-Level Radioactive of
Policy Amendments Act of 1985 (LLRWPAA), and to discourage any consideration
reliance on emergency access as a means of LLW disposal. This notification
does not constitute a complete review of the rules, regulations, and statutes
referenced herein, and should not be considered a substitute for these
requirements. No specific action or written response is required.
Description of Circumstances
for
The LLRWPAA established a series of milestones, penalties, and incentives capacity
States or regional compacts to progress toward development of disposal by which, by 1993. The Act contains an emergency access provision (Section 6) request
"Any. generator of low-level radioactive waste, or any Governor to... a may regional
that the Nuclear Regulatory Commission grant emergency access a
As
disposal facility ... for specific low-level radioactive waste." NRC, a LLW
precondition to requesting an emergency access determination from
generator or governor must be denied access to all existing LLW disposal
facilities.
Congressional concern that a serious and immediate threat to the facilitypublic health
disposal led to
and safety could result from denial of access to a LLW 3, inclusion of the emergency access provision in the LLRWPAA. On February
defines the
1989, NRC published an emergency access rule (10 CFR Part 62) thatand regional
criteria and procedures used for emergency access to non-Federal
regulations
LLW disposal facilities. As the Commission stated in issuing its Section 6 of
governing emergency access decisions, Congress did not intend that
of new
the LLRWPAA be an alternative to the pursuit of the development
strongly opposed to
low-level waste disposal capacity. The Commission remains for those
implementation of the emergency access provisions as an alternative
accordingly, has no
States not meeting the milestones in the LLRWPAA and, Emergency
intent to implement these provisions to address such situations.
1101 XA4
4 IN 91-65 October 16, 1991 access is to be used only under very limited and rare circumstances. Instances
where such action is necessary to eliminate a serious and immediate threat to
the public health and safety or the common defense and security and where there
are no other mitigating alternatives available to emergency access, would be
unlikely. The emergency access provision provides a mechanism for federal
involvement only as a vehicle of last resort. The rule sets strict require- ments for granting emergency access, and places the burden on the party
requesting emergency access, to demonstrate that the criteria in the rule have
been met and that emergency access is needed.
Denial of LLW disposal access for generators from the State of Michigan by the
three sited States with existing LLW disposal facilities on November 10, 1990,
focused attention on the emergency access provision. Recent questions about
the licensing and operation of new LLW disposal facilities in California and
Nebraska have also raised concern about possible requests for, and implementa- tion of, emergency access determinations by NRC.
Discussion
An emergency access determination can be made only by NRC. Information that
NRC requires to reach a determination is to be provided by the LLW generator, or governor, who has been denied access to all LLW disposal facilities.
Information to be submitted would include the need for access to LLW disposal
sites, the quantity and type of material requiring disposal, impacts on health
and safety or common defense and security if emergency access were not granted, and consideration of available alternatives to emergency access. The Commis- sion will decide whether the requestor has considered all factors in the
evaluation of alternatives and the impacts of these alternatives on public
health and safety.
The requestor will be expected to: (1) demonstrate that all pertinent alterna- tives have been considered; (2) provide a detailed analysis comparing each of
the alternatives considered; (3) demonstrate that consideration has been given
to combining alternatives in some way or in some sequence either to avoid the
need for emergency access, or to resolve the threat, even on a temporary basis, until other arrangements can be made; (4) evaluate the societal costs, techni- cal and economic feasibility and benefits to the public health and safety of
the potential alternatives; and (5) incorporate the results into the request.
Applicants for emergency access will have to provide clear and convincing
evidence that they have exhausted all other options for managing their LLW.
Alternatives which, at a minimum, a requestor must evaluate include:
1) storage of LLW at the site of generation-or at a storage facility;
2) obtaining access to a disposal facility by voluntary agreement;
3) purchasing disposal capacity available for assignment pursuant to
Section 5(c)(4) of the LLRWPAA; and (4) ceasing activities that generate LLW.
NRC staff has provided the following guidance to waste generators on how to
manage the accumulation of waste in the event ot denial of access to waste
disposal facilities:
IN 91-65 October 16, 1991 1. Information Notice No. 90-09: Extended Interim Storage of Low-Level
Radioactive Waste by Fuel Cycle-and
Materials Licensees..
2. Information Notice No. 89-13: Alternative Waste Management Procedures
in Case of Dehial'of ccess to Low-Level
Waste Disposal Sites.
3. Generic Letter 85-14: Commercial Storage at Power Reactors of
Low-Level Radioactive Waste Not Generated by
the Utility.
4. Generic Letter 81-38: Storage of Low-Level Radioactive Waste ati
Power Reactors.
Upon receipt of a request for emergency access, NRC will publish a notice in
the Federal Register informing the public that Commission action on the request
is pending and coordination with potentially involved or impacted States would
begin. The LLRWPAA limits NRC-to 45 days from the time a request'is'received -
to determine whether emergency access will be granted. Information submitted
by the requestor will enable the Commission to determine:
(a) whether a serious and immediate threat to the public health'and
safety or the common defense and security might exist; ' -
(b) whether alternatives exist that could mitigate the threat; and'
(c) which non-Federal disposal facility or facilities should provide
the-required disposal capacity.'
If NRC determines that an alternative exists that ensures the public-health and
safety, does not jeopardize the common defense and security, and is technically
and economically feasible, the request for emergency access will be denied.
Only if all alternatives prove to be unreasonable can NRC grant access.
If emergency access is granted, the Commission will select a disposal facility
to receive the LLW based on waste characteristics and disposal site compatibil- ity, capacity limits determined by the LLRWPAA, licensing criteria, and other
related considerations The disposal facility determination would be coordi- nated with appropriate State authorities. A LLW disposal facility will be
selected to receive only those classes of waste that it normally handles and
disposes of pursuant to its license under non-emergency access operating
conditions. In addition, emergency access is limited in.time and amount. -It
cannot exceed 180 days, with the possibility of one 180-day extension. If the
serious threat ceases, access can be terminated sooner. Further, in deciding
1This information notice specifically addresses this concern and outlines
actions such as making license amendments to increase possession limits, using
volume reduction techniques, and using alternative management and disposal
techniques.
IN 91-65 October 16, 1991 which site to designate to receive the emergency access waste, the Commission
would exclude a disposal facility if the volume of emergency access waste
received by the facility exceeds 20 percent of the total volume of LLW accepted
for disposal during the previous calendar year.
The Commission does not anticipate any.situation where the lack of access would
create a serious and immediate-threat to the public health and safety.
Furthermore, it was the intent of Congress that the emergency access provision
neither be used to circumvent other provisions of the Act nor be viewed by
unsited States as- an alternative to the development of new LLW disposal
capacity. The emergency access rule sets a very high threshold for granting
emergency access andshould serve to encourage potential requestors to seek
other means for resolving difficulties created by denial of access to LLW
disposal facilities. It is difficult to envision, for example, any set of
circumstances under which a nuclear power plant could justify a request for
emergency access.
Licensees are encouraged to monitor the status of current siting and disposal
developments in their low-level radioactive waste.compacts or States to better
foresee potential LLW management difficulties. Licensees in States. for which
it appears milestones of the LLRWPAA will not be met should prepare for the
possibility of restrictions on disposal of radioactive waste.
Questions about emergency access should be addressed to:
Paul Lohaus, Chief, Low-Level Waste Management Branch, Division of
Low-Level Waste Management and Decommissioning, 301 492-0553.
This information notice requires no specific action or written response. If
you have any questions about the information in this notice, please contact the
technical.contact listed below.
Richard L. Bangart, Directo 6 '
Division of Low-Level Waste Management
and Decommissioning
Office of.-Nuclear Material Safety
and.Safeguards.
Technical contact: Richard H. Turtil, NMSS
301 492-3447 Attachments:
1. List of Recently Issued NMSS Information Notices
2. List of Recently Issued NRC Information Notices
Attachment 1 IN 91-65 October 16, 1991 LIST OF RECENTLY ISSUED
NMSS INFORMATION NOTICES
Information Date of
Notice No. Subject Issuance Issued to
Ax en - C-- - Do -----_ -- -- E_ . _ .. _
L-uu rdlie Aldarins OT Alarm UY/Z4/91 All Nuclear Regulatory Com- Ratemeters Because of mission (NRC licensees
Radiofrequency Interference authorized to use sealed
sources for industrial
radiography)
91-49 Enforcement of Safety 08/15/91 All Nuclear Regulatory Com- Requirements for Radiographers mission (NRC) licensees
authorized to use sealed
sources for industrial radi- ography.
91-44 Improper Control of Chemicals 07/07/91 All nuclear fuel facilities.
in Nuclear Fuel Fabrication
91-39 Compliance with 10 CFR 06/17/91 All Nuclear Regulatory
Part 21, "Reporting of Defects Commission (NRC) material
and Noncompliance" licensees.
91-35 Labeling Requirements for 06/07/91 All Nuclear Regulatory
Transporting Multi-Hazard Commission (NRC) licensees.
Radioactive Materials
91-30 Inadequate Calibration of 04/23/91 All fuel cycle licensees
Thermoluminescent Dosimeters routinely handling unshield- Utilized to Monitor Extremity ed uranium materials.
Dose at Uranium Processing and
Fabrication Facilities
91-26 Potential Nonconservative 04/02/91 All fuel cycle licensees
Errors in the Working Format. and other licensees, in- Hansen-Roach Cross-Section cluding all holders of
Set Provided with The Keno operating licenses for
and Scale Codes nuclear power reactors, who use physics codes to
support criticality
safety in the use of
fissile material.
-
Attachment 2
- - .
IN 91-65 October 16, 1991 LIST OF RECENTLY ISSUED
NRC INFORMATION NOTICES
Information Date of
Notice No. SubJect Issuance Issued to
91-64 Site Area Emergency 10/09/91 All holders of OLs or CPs
Resulting From a Loss for nuclear power reactors.
of Non-Class lE
Uninterruptible Power Supplies
91-63 Natural Gas Hazards 10/03/91 All holders of OLs or CPs
at Fort St. Vrain for nuclear power reactors.
Nuclear Generating Station
91-62 Diesel Engine Damage 09/30/91 All holders of OLs or CPs
Caused by Hydraulic for nuclear power reactors.
Lockup Resulting from
Fluid Leakage Into
Cylinders
91-61 Preliminary Results of 09/30/91 All holders of OLs or CPs
Validation Testing of for nuclear power reactors
Motor-Operated Valve and motor-operated valve
Diagnostic Equipment (MOV) diagnostic equipment
vendors identified herein.
91-60 False Alarms of Alarm 09/24/91 All Nuclear Regulatory Com- Ratemeters Because of mission (NRC) licensees
Radiofrequency Inter- authorized to use sealed
ference sources for industrial
radiography.
91-59 Problems with Access 09/23/91 All holders of OLs or CPs
Authorization Programs for nuclear power reactors.
91-58 Dependency of Offset 09/20/91 All holders of OLs or CPs
Disc Butterfly Valve's for nuclear power reactors.
Operation on Orientation
with Respect to Flow
91-57 Operational Experience 09/19/91 All holders of OLs or CPs
on Bus Transfers for nuclear power reactors.
OL = Operating License
CP = Construction Permit
IN 91-65 October 16, 1991
- which site to designate to receive the emergency access waste, the Commission
would exclude a disposal facility if the volume of emergency access waste
received by the facility exceeds 20 percent of the total volume of LLW accepted
for disposal during the previous calendar year.
The Commission does not anticipate any situation where the lack of access would
create a serious and immediate threat to the public health and safety.
Furthermore, it was the intent of Congress that the emergency access provision
neither be used to circumvent other provisions of the Act nor be viewed by
unsited States as an alternative to the development of new LLW disposal
capacity. The emergency access rule sets a very high threshold for granting
emergency access and should serve to encourage potential requestors to seek
other means for resolving difficulties created by denial of access to LLW
disposal facilities. It is difficult to envision, for example, any set of
circumstances under which a nuclear power plant could justify a request for
emergency access.
Licensees are encouraged to monitor the status of current siting and disposal
developments in their low-level radioactive waste compacts or States to better
foresee potential LLW management difficulties. Licensees in States for which
it appears milestones of the LLRWPAA will not be met should prepare for the
possibility of restrictions on disposal of radioactive waste.
Questions about emergency access should be addressed to:
Paul Lohaus, Chief, Low-Level Waste Management Branch, Division of
Low-Level Waste Management and Decommissioning, 301 492-0553.
This information notice requires no specific action or written response. If
you have any questions about the information in this notice, please contact the
technical contact listed below.
Aic (toct* ~t Z
Richard L. Bangart, DirectJ
Division of Low-Level Waste Management
and Decommissioning
Office of Nuclear Material Safety
and Safeguards
Technical contact: Richard H. Turtil, NMSS
(301) 492-3447 Attachments:
1. List of Recently Issued NMSS Information Notices
2. List of Recently Issued NRC Information Notices
- TEditor* :NRR
SUBJECT ABSTRACT: NRC IN: EMERGENCY ACCESS TO LLWDF :EKraus :FCongel
- See Previous Concurrence :10/02/91 : / /91 OFC :LLWB* :LLWB* :LLWB* :NMSS* :SP* :OGC* :LLWM* LLWM1_ > -
_--__-_-__-_____---------------------------------------------------
NAME:RTurtil/jj:JKennedy:PLohaus :RCunningham:CKammerer:RSmith :LTen ck:RBangart
-_--_--_----______--________--_--_--________ - _-- _ -- ____
-- -___--________
DATE:10/04/91 :10/04/91:10/23/91:10/07/91 :10/07/91 :10/04/91 :0/2S/91:10/17/91 RT/INFO NOTICE/1 OFFICIAL RECORD COPY
IN 91-65 October 16, 1991 which site to designate to receive the emergency access waste, the Commission
would exclude a disposal facility if the volume of emergency access waste
received by the facility exceeds 20 percent of the total volume of LLW accepted
for disposal during the previous calendar year.
The Commission does not anticipate any situation where the lack of access would
create a serious and immediate threat to the public health and safety.
Furthermore, it was the intent of Congress that the emergency access provision
neither be used to circumvent other provisions of the Act nor be viewed by
unsited States as an alternative to the development of new LLW disposal
capacity. The emergency access rule sets a very high threshold for granting
emergency access and should serve to encourage potential requestors to seek
other means for resolving difficulties created by denial of access to LLW
disposal facilities. It is difficult to envision, for example, any set of
circumstances under which a nuclear power plant could justify a request for
emergency access.
Licensees are encouraged to monitor the status of current siting and disposal
developments in their low-level radioactive waste compacts or States to better
foresee potential LLW management difficulties. Licensees in States for which
it appears milestones of the LLRWPAA will not be met should prepare for the
possibility of restrictions on disposal of radioactive waste.
Questions about emergency access should be addressed to:
Paul Lohaus, Chief, Low-Level Waste Management Branch, Division of
Low-Level Waste Management and Decommissioning, 301 492-0553.
This information notice requires no specific action or written response. If
you have any questions about the information in this notice, please contact the
technical contact listed below.
h tj$ %S
CavJ
Richard L. Bangart, Directoo
Division of Low-Level Waste Management
and Decommissioning
Office of Nuclear Material Safety
and Safeguards
Technical contact: Richard H. Turtil, NMSS
(301) 492-3447 Attachments:
1. List of Recently Issued NMSS Information Notices
2. List of Recently Issued NRC Information Notices
- TEditor* :NRR
SUBJECT ABSTRACT: NRC IN: EMERGENCY ACCESS TO LLWDF :EKraus :FCongel
- See Previous Concurrence :10/02/91 : / /91 OFC :LLWB* :LLWB* :LLWB* :NMSS* :SP* :OGC* :LLWM*j :LLW yg
NAME:RTurtil/jj:JKennedy:PLohaus :RCunningham:CKammerer:RSmith :LTen k: Bangartl
DATE:10/04/91 :10/04/91:10/23/91:10/07/91 :10/07/91 :10/04/91 0'16/91:10/17/91 RT/INFO NOTICE/1 OFFICIAL RECORD COPY
IN 91-65 October 16, 1991 which site to designate to receive the emergency access waste, the Commission
would exclude a disposal facility if the volume of emergency access waste
received by the facility exceeds 20 percent of the total volume of LLW accepted
for disposal during the previous calendar year.
The Commission does not anticipate any situation where the lack of access would
create a serious and immediate threat to the public health and safety.
Furthermore, it was the intent of Congress that the emergency access provision
neither be used to circumvent other provisions of the Act nor be viewed by
unsited States as an alternative to the development of new LLW disposal
capacity The emergency access rule sets a very high threshold for granting
emergency ccess and should serve to encourage potential requestors to seek
other means for resolving difficulties created by denial of access to LLW
disposal fac ities. It is difficult to envision, for example, any set of
circumstances der which a nuclear power plant could justify a request for
emergency acces
Licensees are enco aged to monitor the status of current siting and disposal
developments in thel low-level radioactive waste compacts or States to better
foresee potential LLW anagement difficulties. Licensees in States for which
it appears milestones o the LLRWPAA will not be met should prepare for the
possibility of restricto s on disposal of radioactive waste.
Questions about emergency a ess should be addressed to:
Paul Lohaus, Chief, Low-L el Waste Management Branch, Division of
Low-Level Waste Management d Decommissioning, 301 492-0553.
This information notice requires no pecific action or written response. If
you have any questions about the info mation in this notice, please contact the
technical contact listed below.
Richard 1. angart, Director
Division of ow-Level Waste Management
and Decomm sioning
Office of Nuc ar Material Safety
and Safeguar
Technical contact: Richard H. Turtil, NMSS
(301) 492-3447 Attachments:
1. List of Recently Issued NMSS Information Notices
2. List of Recently Issued NRC Information Notices
- TEditor* :NRR
SUBJECT ABSTRACT: NRC IN: EMERGENCY ACCESS TO LLWDF :EKraus . Congel
- See Previous Concurrence :10/02/91 :\/ /91 OFC :LLWB* :LLWB* sLE NMSS* :SP* FOGC* :LLW3* :LLWM*
NAME:RTurtil/jj:JKennedy:PL haul :RCunningham:CKammerer:RSmith :LTenEyck:RBangart
~-?4---
DATE:10/04/91 :10/04/91: YY/91:10/07/91 :10/07/91 :10/04/91: / /91:10/17/91 RT/INFO NOTICE/1 OFFICIAL RECORD COPY
IN 91-XXX
November XX, 1991 which site to designate to receive the wastes, the Commission would exclude a
site if the emergency volume exceeds 20 percent of the total volume of LLW
accepted for disposal during the previous calendar year. The Commission does
not anticipate any situation where the lack of access would create a serious
and immediate threat to the public health and safety. Furthermore, it was the
intent of Congress that the emergency access provision neither be used to
circumvent other provisions of the Act nor be viewed by unsited States as an
alternative to the development of new LLW disposal capacity. The emergency
access rule sets a very high threshold for granting emergency access and should
serve to encourage potential requestors to seek other means for resolving
difficulties created by denial of access to LLW disposal facilities. It is
difficult to envision, for example, any set of circumstances under which a
nuclear power pllknt could justify a request for emergency access.
Licensees are encouraged to monitor the status of current siting and disposal
developments in their low-level radioactive waste compacts or States to better
foresee potential LLW management difficulties. Licensees in States for which
it appears milestones f the LLRWPAA will not be met should prepare for the
possibility of restric ons on disposal of radioactive waste.
Questions about emergenc access should be addressed to:
Paul Lohaus, Chief, w-Level Waste Management Branch, Division of
Low-Level Waste Manag ent and Decommissioning, 301 492-0553.
Richard L. Bangart, Director
Division of Low-Level Waste Management
and Decommissioning
Office of Nuclear Material Safety
and Safeguards
Technical Contact:
Richard H. Turtil
301 492-3447 Attachment: List of Recently Issued NMSS Information Notices
Disi:ribution: Central File # NMSS r/f angart ETen Eyck JAustin
JSuV meier PLohaus JKennedy R rtil FCongel RSmith
PDR YES RCunningham CKammerer JHi key LLWB r/f
PDR NO Category: Proprietary or CF Onl
I
ACN* YES NO :TEdit6i? :NRR
SUBK ECT ABSTRT: NRC INT-FMERUWY ACCESS TO LLWDF . Kraus :FCongeqJ -
- See Previous Concurrence : // /91 :13/jo/9(
.SC-k i1%
OFC :LLWB :LL[ .LLWB :NMSS / :0 :LLWM :LLWM
__ - -- -- --- -:S ------- U-
-- ______--------________ ____
NAME M ll/jj:JKe~nedy:PLohaus :RC 'Ghm:C a r:RSm th :LTenEyck:RBangart
DATE:to/q /91 :O F/91: / 91: { d/
f 1/1/91 :O/°/&l: / /91: / /91
__ / NF NOTICE
NO.C OFF CIA R_E_OR_ CO_PY_ .
RT/INFO OFFICIAL RECORD COPY V~
A
IN 91-XXX
November XX, 1991 which site to designate to receive the emergency access waste, the Commission
would exclude a disposal facility if the volume of emergency access waste
received by the facility exceeds 20 percent of the total volume of LLW
accepted for disposal during the previous calendar year.
The Commission does not anticipate any situation where the lack of access would
create a serious and immediate threat to the public health and safety.
Furthermore, it was the intent of Congress that the emergency access provision
neither be used to circumvent other provisions of the Act nor be viewed by
unsited States as an alternative to the development of new LLW disposal capacity.
The emergency access ru sets a very high threshold for granting emergency
access and should serve t encourage potential requestors to seek other means
for resolving difficulties created by denial of access to LLW disposal facilities.
It is difficult to envision for example, any set of circumstances under which
a nuclear power plant could *ustify a request for emergency access.
Licensees are encouraged to m itor the status of current siting and disposal
developments in their low-leve radioactive waste compacts or States to better
foresee potential LLW managemen difficulties. Licensees in States for which
it appears milestones of the LLR PM will not be met should prepare for the
possibility of restrictions on di osal of radioactive waste.
Questions about emergency access sh ld be addressed to:
Paul Lohaus, Chief, Low-Level Wa e Management Branch, Division of
Low-Level Waste Management and Dec issioning, 301 492-0553.
Richard I Bangart, Director
Division o Low-Level Waste Management
and Deco ssioning
Office of Nu ear Material Safety
and Safeguar s
Technical Contact:
Richard H. Turtil
301 492-3447 Attachment: List of Recently Issued NMSS Information itces
Distribution: Central File # NMSS r/f RBangart en Eyck JAustin
JSurmeier PLohaus JKennedy RTurtil F ngel RSmith
PDR YES t RCunningham CKammerer JHickey LLWB r/f
PDR NO Category: Proprietary or CF Only \
ACNW YES NO :TEditor* RNRR*
SUBJECT ABSTRACT: NRC IN- EMERGENCY ACCESS TO LLWDF :EKraus .$Congel
- See Previous Concurrence :10/02/91 : 10/91 OFC :LLWB* :LLWB* :LLRB :NMSS* :SP* :OGC* :LLWR\ :LLW tt
NAME:RTurtil/jj:JKennedy:PLohaus :RCunningham:CKammerer:RSmith :LTenEyck:RBa at
DATE:10/04/91 :10/04/91:10/ /91 :10/07/91 :10/07/91 :10/04/91: / /91:tO/a/91 KLKI V
KI/i-u IILLUi1.-
K1/1NrU NUIilU UrrIUAL KtLUKU LUFT