ML19344D388
| ML19344D388 | |
| Person / Time | |
|---|---|
| Issue date: | 02/20/1980 |
| From: | Martin J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML19344D389 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 8003120249 | |
| Download: ML19344D388 (9) | |
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U.S. NUCLEAR REGC' ATORY COMMISSION 10 CFR 61 DISPOSAL OF LOW-i.EV'.L ?ADI0 ACTIVE WASTE AGENCY:
U.S.. Nuclear Regulatory Commission ACTION: Notice of availability of pre 11minary draft regulation 10 CFR Part 61 for disposal of low-level radioactive waste.
SUMMAtlY: The U.S. Nuclear Regulatory Commission (NRC) is currently developing regulations and other guidance regarding the disposal of low-level radioactive waste (LLW). An environmental impact statement (EIS) is being prepared to guide and support a LLW regulation. To assist in development of the EIS, regulation and other guidance, NRC staff has prepared a preliminary draft regulation (draft dated November 5,1979) and a preliminary draft chapter outline for the contents of a license application regulatory guide (draft dateed January 1980). NRC staff is announcing availability of these preliminary drafts for public inspection. Any comments received by the NRC staff will be considered during further development of the regulation, preparation of the EIS, and preparation of the regulatory guide.
ADDRESSES: Requests for copies of the preliminary draft regulation and draft chapter outline may be sent to the Director, Division of Waste Management, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Any written comments and suggestions on the preliminary draft regulation and chapter outline may also be sent to the above address.
FOR FURTHER INFORMATION CONTACT: Mr. G. W. Roles or Mr. Paul H. Lohaus, Low-Level Waste Licensing Branch, Division of Waste Management, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, telephone: 301-427-4433.
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I SUPPLEMENTARY INFORMATION:
Rackground NRC has an ongoing program for technical study and develcpment of regula-tions governing the management and disposal of low-level radioactive waste.
To provide guidance and support for development of a LLW regulation 10 CFR Part 61, " Disposal of Low-Level Radioactive Waste," NRC is preparing a draft EIS to be published later this year. As part of the process to scope the form and coC. ant of the EIS and proposed regulation, NRC on October 25, 1978 published in the Federal Register an Advance Notice of Proposed Rulemaking (43 FR '8911).
Advice, recommendations and comments on the scope and content of the draft EIS and planned LLW regulation were requested.
Response to the Advance Notice of Proposed Rulemaking:
NRC received a total of 36 responses from the public on the Advance Notice.
These conaents have been docketed (Docket No. PP,-61) and may be examined in the Commission's Public Document Room located at 1717 H Street, N.W.,
Washington, D.C.
A detailed analysis by NRC staff of the public responses received may also be examined in the Public Document Room. A short summary of t'
- omments received is included as Appendix A to this notice.
Scope and Content of the EIS and LLW Regulation:
The comments received by NRC on the Advance Notice were utilized by NRC staff in _ scoping the fann and content of the EIS and LLW disposal regulation.
For this scoping process, NRC staff also considered input from a number of other sources, including:
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The results of program studies and other technical data on LLW management and disposal; Licensing experience with current LLW disposal sites and current LLW management techniques; Programs by the Environmental Protection Agency (EPA) to develop criteria and standards for management of LLW and regulations for disposal of non-radioactive solid and chemically hazardous wastes; Recommendations of the Interagency Review Group on Nuclear Waste Management:
' Natural Resources Defense Council (NRDC) Petition for Rulemaking*;
Discussions with industry and public interest groups, state and Federal agencies, and others.
Based on this, NRC staff determined that the most viable approach to the low-level waste regulation would be an " umbrella" regulation that would estab-lish performance objectives and technical criteria applicable to a broad range of LLW and land-based LLW disposal methods. Through the U S NRC staff is analyzing LLW and LLW disposal from a generic point of view.
Initially.overall disposal methods are being addressed. Then, specific disposal methods will be analyzed against these overall requirements to determine the need for specific criteria for these individual disposal methods.
To help focus development of the draft EIS and proposed LLW disposal retju-lation, NRC staff has prepared a preltinary drafi regulation,10 CFR Part 61.
- In a July 25, 1979 Federal Registe.r Notice (44 FR 4341), NRC denied a portion of an NRDC petition for rulemaking regarding disposal of transuranic and low-level waste, and preparation of a programmatic generic EIS on low-level waste disposal.
In this July 25 Notice, NRC indicated that NRC staff would consider the NRDC petition for rulemaking as input to the development of the LLW regula-tion and EIS.
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The objectives that the staff has in mind at this time and which are reflected by the preliminary draft regulation are the following:
1.
That LLW disposal facilities are sited, designed, operated, and closed to assure the long-term confinement of the disposed waste with essentially no need fer active long-tem site maintenance following closure.
' 2.
That the regulation is applicable to a range of potential LLW disposal methods, partiet.'arly those investigated in detail during NRC's study of alternative disposal methods to shallow-land burial. These methods include improved shallow-land burial, intemediate land burial (i.e.,
disposal with about 30 feet of cover material), engineered structures, and m W d cavities *. Specific guidance for specific disposal methods would be addressed in regula.c y guides or appendices to the regulation.
3.
That general requirements are in the fom of performance objectives, which establish what should be achieved in the disposal of LLW rather than specifying detailed technical specifications for individual disposal methods.
4.
That tf-regulation provide numerical guidance to the extent practical.
5.
That the regulation address:
administrative procedures and institutional considerations; radiological performance objectives; waste fom and content; site selection and suitability; j
- For further infomation, see NUREG/CR-0308 (" Screening of Alternative Methods for Disposal of Low-Level Radioactive Wastes") and NUREG/CR-0680 j
(" Evaluation of Alternative Methods for Disp,osal of Low-level Radioactive Wastes").
. (7590-01-M) site design and operations; environmental monitoring; site closure (decommissioning) a'nd funding; and site surveillance after site closure.
6.
That groundwater quality is protected.
In preparing the preliminary draft regulation, NRC staff made use of the National Primary Drinking Water Standards for this purpose. This approach is based upon consid-eration of EPA's proposed resdation 40 CFR Part 250 (December 18, 1978,'43 FR 58946 - 59028) for the safe disposal of nonradioactive hazardous waste.
7.
That protection is provided for the potential unintentional reclaimer to a LLW disposal site. Applicable concepts and methodology for this have been devel. ped through NRC's waste classification s,tudy*. By i
applying this methodology, the advantage of particular disposal methods for assuring confinement of particular types and foms of LLW during t~nefr hazardous lifetime would be identified.
3 That the use of multiple barriers is emphasized (natural and man-made, such as waste packaging fom an'd content) to radioactive waste movement and human contact with waste.
9.
That the regulation is compatible with standards, criteria, and regulations promulgated by the EPA, including those standards, criteria, and regulations of the EPA Office of Solid Waste and the EPA Office of Radiation Programs.
- For further information see NUREG-0456 ("A System for Classifying Radio-active Waste Disposal - What Waste Goes'Where?") and NUREG/CR-1005 ("A
' Radioactive Waste Disposal Classification System").
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Availability riPreliminary Drafts:
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NRC staff is at this time making a preliminary draft LLW regulation (draft dated November 5,1979) available for public inspection prior to fonnally issuing the ragulation as a proposed rule.
The November 5 preliminary draft regulation has received wide distribution and copies have been sent to the State Liaison Officers, Federal ard State agencies, industry, public interest groups, and others.
Coments received to date are greatly appreciated by NRC staff and are being considered in the further development of the proposed regulation end draft EIS.
NRC staff is particularly interested in establishing a de minimus level (a level of radioactivii:y in waste that is sufficiently low that the waste can be disposed of as ordinary nonradioactive trash) for short half-lived radioisotopes connonly used in medical, research, and other applications. Although this concept is not reflected in the November 5 version of the preliminary draft regulation, NRC staff expect that future revisions of the November 5 version will do so.
NRC staff has also prepared a preliminary draft chapter outline (draft dated January 1980) of a regulatory guide to the contents of a license application for a LLW disposal facility. NRC's staff is interested in identifying other areas in which to provide further specific guidance for the preparation of a license application.
Persons interested in receiving a copy of the preliminary draft Part 61 regulation and draft chapter outline for the license application guide may request
. (7590-01 M) cnc by writing to the Director, Divisic.n of Waste Management, U.S. Nuclear Regulatory Commission, Washington, n.C. 20555.
Any comments received by the NRC staff will be considered during further development of the regulation, preparation of the EIS, and preparation of regulatory guides.
Although 1
comments are welcome at any time, comments received within 45 days from the date of issuance of this notice of availability will be of particular help to NRC staff in preparing the revised preliminary drafts.
The availability of these revised versions of the preliminary drafts will also be announced.
FOR THE NUCLEAR REGtfLATORY COMMISSION
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- ohn B. Martin, Director J
Division of Waste Panagement Dated at Silver Spring, Maryland this QS ' day of February,1980.
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APPENDIX A
SUMMARY
OF PURLIC COMMENTS RECEIVED ON OCTOBER 25, 1978 ADVANCE NOTICE OF PROPOSED RULEMAKING The respondents to the Advance Notice strongly supported NRC's development of specific criteria and standards for the disposal of low-level waste. There was also support among the commenters that an overall EIS should be prepared te provide an essential part of the infomational and decisional base for the development of the criteria and standards for the rulemaking action. The commenters were divided, however, on the fom and structure of the criteria and standards. Some commenters stated that the criteria and standards should be specific and detailed. Others suggested 'that criteria and standards should be minimal and basic and should emphasize the perfomance objectives to be met by low-level waste disposal facilities. The commenters also stated that as part of the development of LLW disposal standards and criteria, a system was needed for classifying or segregating the waste based on hazard.
A number of commerts were received on NRC's questions regarding alter-native disposal methods to shallow-land burial. Although the comments in this area were mixed, the most often expressed opinion was that primary consideration should be given to developing requirements for shallow-land burial and emplace-ment of waste into mined cavities. Disposal of wastes into ocean waters was l
l given the lowest priority. Four commenters felt there was no need to establish j
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a priority list of the alternative disposal methods to shallow-land burial. The f
most often expressed disadvantage to any alternative method was the potential for increased cost. Approximately 60 percent of the respondents suggested other potentially viable methods for low-level waste treatment and/or disposal.
The methods mentioned most frequently were volume reduction and other advancet
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Appendix A (7590-01-M) processing techniques.
A clear consensus of the extent of the state's responsibilities did not appear.in the responses. There was agreement in the need for interagency and state cooperation and negotiation. Appproximately half of the commenters added that low-level waste disposal sites should be regionally located and that there was no need or desire to hive one site in each state.
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