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, Three Mile Island, 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
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

RADIOACTIVE WASTE PURSUANT TO 10 CFR 20.302

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 ofmight Agreement

States in reviewing and approving disposals of waste that in the past 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 obtaining

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

approval of proposed procedures for disposing of radioactive material the

not otherwise authorized in the regulations. The notice identified NRR as

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

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

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

radioactive waste disposal in Agreement States were advised that they also

obtain the approval of the Agreement State. However, in a recent legal opinion

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

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

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

facility. Such approval is within the jurisdiction of the Agreement State.

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: List of Recently Issued IE Information Notices

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 Uncontrolled Rod Withdrawal 10/16/86 All BWR facilities

Because Of A Single Failure holding an OL or CP

86-05 Main Steam Safety Valve Test. 10/16/86 All power reactor

Sup. 1 Failures And Ring Setting facilities holding

Adjustments an OL or CP

t86-25 Traceability And Material 10/15/86 All power reactor

Sup. 1 Control of Material And facilities holding

Equipment, Particularly an OL or CP

Fasteners

86-88 Compensatory Measures For 10/15/86 All power reactor

Prolonged Periods Of Security facilities holding

System Failures an OL or CP; fuel

fabrication and

processing facilities

86-87 Loss Of Offsite Power Upon An 10/10/86 All power reactor

AutomatIc-Riis Transfer - facilities holding

an OL or CP

86-86 Clarification Of Requirements 10/10/86 All registered users

For Fabrication And Export Of of NRC certified

Certain Previously Approved packages

Type 8 Packages

86-85 Enforcement Actions Against 10/3/86 All NRC medical

Medical Licensees For licensees

Willfull Failure To Report

Misadministrations

86-84 Rupture Of A Nominal 9/30/86 All NRC medical

40-Millicurie Iodine-125 institution licensees

Brachytherapy Seed Causing

Significant Spread Of

Radioactive Contamination

86-83 Underground Pathways Into 9/19/86 All power reactor

Protected Areas, Vital Areas, facilities holding

Material Access Areas, And an OL or CP; fuel

Controlled Access Areas fabrication and

processing facilities

OL = Operating License

CP = Construction Permit