ML20011E419
| ML20011E419 | |
| Person / Time | |
|---|---|
| Issue date: | 02/05/1990 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20011E420 | List: |
| References | |
| REF-WM-3 NUDOCS 9002130382 | |
| Download: ML20011E419 (10) | |
Text
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.MEM0'ADAVIS 1
1 FEB - 51996 MEMORANDUM FOR:
A. Bert Davis, Regional Administrator Region III.
3 FROM; Robert H. Bernero, Director
.i Office of Nuclear Material Safety and Safeguards
SUBJECT:
DRAFT PROPOSED ILLIN0IS DEPARTMENT OF NUCLEAR SAFETY
. REGULATION ENTITLED " STANDARDS FOR THE TREATMENT- 0F LOW-LEVEL RADI0 ACTIVE WASTE" This memorandum transmits our comments on the above subject State of Illinois regulations. -We have not provided detailed technical. comments on these l
L regulations.. Providing Standards or Rules for treatment of low-level waste has proven to be a very complicated process for NRC and the existing sited states.
.(South Carolina,. Nevada, and Washington). After Illinois-receives and evaluates our general comments we wil1~be available to meet with Illinois to go over what our experience has been in.this area, if they desire such a meeting.
The following are.our general comments:
1.
~ The draft State regulations are not clear on what role an engineered structure and/or waste from properties are to provide the stability required by 10 CFR 61. The generators need to understand where the state stands on this issue.
'2.
Many of the waste form criteria in the Illinois draft appear to be too I
prescriptive for regulations. We recommend' setting such prescriptive criteria in guidance docun, ants.
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' MEMO ADAVIS-2 In summary,;we agree with Illinois' intention to clarify for its generators-what.the waste acceptance criteria will be for its new. facility. - However, we believe Illinois' regulation development efforts can benefit'from the NRC experience by consideration of our comments.- Please advise us. if you need
.further. assistance in this area.
l (3easd) SDI*t E W Robert M. Bernero, Director I
Office of Nuclear Material Safety and Safeguards
Enclosure:
~As stated s
)
DISTRIBUTION:
f( M K409;t(MJW NMSS r/f RBernero GArlotto RLBangart" PLohaus JJSurmeier LPerson JJones r/f JGreeves MBell
.NMSS Dir. Ofc. r/f L
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or CF Only /~~~/
ACNW Yes: /T~/
No: /~/
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. SUBJECT ABSTRACT: COMMENTS ON IL DEPT OF NUCLEAR SAFETY REGULATION Lc
" STANDARDS FOR THE TREATMENT OF LL RAD WASTE"
- SEE PREVIOUS CONCURRENCE 0
A A/
OFC.:LLOB'
- LLOB*
- LLTB*
- LLWM*
- LLWM*
/ :NM55
- NM55
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NAME:LPerson/jl
- PLohaus :J5urmeier:JGreeves :RLBangart :GArlotto :RBernero
. DATE:01/31/90-
- 01/31/90 :01/31/90 :01/31/90 :01/31/90
- 01/ /90 :D 90 0FFICIAL RECORD COPY
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LLWM ADMINISTRATIVE PROCEDURE FOR THE REVIEW 0F TOPICAL REPORT 5 RELATED TO THE IMPLEMtNTATION OF 10 CFR PART 61
. June 30, 1989 i
A..
Purpose:
This procedure establishes the guidelines for the NRC review of topical reports on Classes B and C solidified waste formulations, high integrity containers (HICs), and waste classification computer codes.
B.
Background:
Tomeet10CFR20.311(d),10CFR61.55,and10CFR61.56,wastegenerators and waste disposal operators need to demonstrate compliance with the waste -
classification and waste form requirements. One acceptable approach is to reference topical reports reviewed and approved by NRC staff. - A topical report'_is a document submitted by an industry organization (vendor) for i
review by the NRC outside of a specific licensing action.. The advantages of the topical report review are as follows: (1) it provides a single review consistent with the 10 CFR Part 61 requirements and with NRC-
. technical positions; (2) it reduces burden on State regulatory agencies; (3) it reduces burden on issuing license conditions and inspections; and (4) it increases user knowledge of the acceptability of speciffe
- -g
. solidification formulations, HICs'and waste classification computer codes.
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C.
Responsibilities:
1.
The Division of Low-Level Waste Management and Decommissioning (LLWI):
a.
Has responsibility for the review of topical reports on solidified stable waste forms HICs and classification codes.
The reviews:use 10 CFR Part 61 requirements and criteria 4
contained in LLWM technical positions on waste form and waste classification and other related documents.
l b.
Provides technical assistance through the State, Local & Indian.
Tribe Programs (SLITP) to Agreement States that receive applications for topical report approval.
Through.this l
mechanism, LLWM has the lead responsibility for the technical i
review of the application and preparation of an evaluation report.
c.
Publishes its evaluation findings in a Technical Evaluation L
Report (TER) issued for each topical report thct is reviewed to l
completion. The TER is used as the basis for certificates of compliance and other approvals of the topical reports.
+
9 XM/WM' ADMINISTRATIVE PROCEDURE d.
Provides to the Agreement States (thru SLITP) the official rounds-b of staff questions and comments on the. topical reports.
u Vendor's responses are also provided.to the States.
Provides the Agreement States-an advanced copy of the final TER two weeks-prior to publication.
~
o e.
Takes into consideration during the staff's review any concerns submitted in a timely fashion to LLWM by the States regarding the rounds of questions and responses between LLW and the vendors.
Transmittal of the advanced TER to the States is for informational. purposes only.
f.
Assigns a Project Manager for each topical report review. The assigned Project Manager is: responsible for recomending to LLWM management either acceptance or rejection of specific topical reports submitted to the.NRC for review.
The final acceptance decision is made by management. When a report is accepted the Project Manager is responsible for directing and monitoring the staff review and for all liaison-and correspondence between thei 4
NRC staff and the vendor, s
-2.
State, Local & Indian Tribe Programs (SLITP):
a.
Coordinates all reviews between LLWM and Agreement States.
b.
Distributes all documents between LLW and Agreement States.
c.-
Provides-assistance to LLWM in determining the timing of actions involving the Agreement States.
3.
The participating Agreement State:
a.
M y request technical assistance from NRC for topical report applications dealing with implementation of 10 CFR Part 61.
NRC's SLITP will be the focal point for coordination.
b.
M y provide questions and comments to LLWM regarding LLWM's questions to the vendors and the vendor's res mnses. While State's coments will be considered by NRC, tie State's review is not part of the critical path review of the topical report.
c.
Issues certificates of compliance for products found acceptable for use at the State's commercial disposal facility on the basis of NRC's TERs and any additional State requirements that need to be met.
Copies of certificates are provided to the NRC.
y:
- ~
KM/WM ADMINISTRATIVE PROCEDURE 3
d.
Takes prompt action to implement restrictions, limitations and/or rejections of products consistent with NRC findings.
j D.
Procedure:
1.
Vendors should submit copies of their topical reports to NRC's Docket' Control Desk (DCD).
Reports should be in the form of hard copies.
Submittals shall be in the following quantities with the understanding that additional copies will be made available to the staff upon request.
The number of hard copies required from the vendor are broken down below:=
Non. Proprietary Proprietary Hetained by DCD 4
2 I
NRC staff 3
3 i
SLITP 3
3 NRC contractors 3
3 TOTAL --->
13 11
-All' topical reports submitted must be accompanied by an initial review fee consistent with 10 CFR Part 170 and will be treated as a l
fee-recoverable review.
I' i
2.
Upon receipt, ths DCD retains their copies and forwards remaining copies to the LLnM Engineering Section Section Leader. The DCD forwards the initial fee to the Licence Fee Management Branch for i
processing.
3.
The Section Leader assigns a Project Manager to the review.
l 4.
The Project Manager performs an. Acceptance Review by reviewing the contents of the report to determine if adequate information has been providedcto perform a review. The Technical Positions on Waste Classification and Waste Form and other related documents should be dsed as guidance. In addition, the following criteria should be met:
l a)
-The report should deal with specific solidification formulations used for solidifying low-level radioactive waste streams that are typically found at nuclear facilities, HICs, and classification codes, which can be evaluated independent of any specific license application.
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i KM/WM ADMINISTRATIVE PROCEDURE l ;
a b)
The report should contain complete and detailed information on the specific subject presented.
Conceptual ~or incomplete preliminary information will not be reviewed.
c)
Approval of.the report must result in increased efficiency of.-
L tw review process for disposal site approval of solidification E
formulas, HICs, or classification codes.
5.
If the submittil fails the Acceptance Review the Project Manager shall provide guidance to the DCD on the appr,opriate actions the DCD should take regarding the LLWM file' copies of the topical report and shall also notify the vendor, via letter,_ of the rejection of ~the topical report. Deficiencies resulting in rejection should be brought forth in the letter in order to helg vendors make corrections for their resubmittal.- The Project Manager s copies of the topical
-report shall also be disposed of properly, i
6.
If the submittal passes the Acceptance Review, the Project Manager requests a new project file number for the review from the DCD. The non-proprietary portions of the topical report and all related i"
non-proprietary correspondence will be sent to the NRC Public Document Room (PDR) by the DCD.
7.
The Project Manager sends a copy of the incoming topical report cover letter from the vendor to the Program Analysis Branch for casework setup. An 19tSS PPSAS number is assigned to the review in order to record and track all staff review efforts.
8.
The Project Manager prepares a letter to the vendor acknowledging acceptance of the topical report for review. A proposed schedule'for the review of the-topical report shall be included in the acceptance letter.
l The Project Manager informs the vendor of the new file number assigned to the review and requests that the vendor clearly mark all correspondence related to the review with the file number. All correspondence, originals and/or copies, must be entered into the DCD system.
9.
If proprietary information is claimed by the vendor, the NRC staff, during the course of the review, treats the information as proprietary under the provisions of 10 CFR 9.5(4) and will notify the the vendor.
._ ~ _. _. _ -. _ _ _ _ _ _ _ _. _ _
6
'1 KM/WM ADMINISTRATIVE PROCEDURE
> j t
The Project Manager establishes a control copy log for all goprietary topical-report copies submitted by the vendor.
L i
L 10.-
The Project Manager prepares a memorandum requesting SLITP to send -
b the topical report to t w Agreement States.
The Project Manager L
provides SLITP with copies of the report for transmittal.
- 11. The Project Manager, if required, prepares a letter requesting l
technical assistance from other NRC groups and/or outside 4
contractors.-
i
- 12. The Project Manager performs and coordinates among the appropriate
-individuals in LLWM and outside contractors-a technical review based on NRC criteria.
i
~
13.. The Project Manager receives cossents from the NRC staff and/or contractor and prepares the first round of cossents and requests for additionalinformation(RAI#1)forthevendor.
- 14. The Project Manager prepares a letter transmitting ~RAI #1 to the p.
vendor, requiring a response within 30 days.
- 15. The Project Manager prepares a memorandum requesting SLITP to send RAI #1 to the Agreement States in order to afford them the u
opportunity to comment.
States' comments are contidered in the review if received in a timely fashion.
16.
If the vendor's responses adequately resolve the cossents, go insediately to the next step.
If the responses are inadequate, a second set of comments (RAI #2) is prepared and transmitted to the vendor requiring a response within 30 days.
This step is repeated-until the NRC comments are resolved. As with RAI #1, the States are provided with subsequent RAls in order to comment. Two' rounds of questions are expected. Additional rounds are not recossended.
NRC may discontinue the topical report if excessive delays occur in response to NRC comments.
j 17.
The Project Manager prepares a TER.
The TER shall indicate that the topical report and all supplemental submittals have been reviewed.
Conclusions shall be presented stating whether or not the 10 CFR Part 8 '.
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e KM/WM ADMINISTRATIVE PROCEDURE 61 requirements have been met and if there is consistency with the l
guidance presented in the technical positions, 18.
The Project Manager pre wres a memorandum requesting SLITP to send an j
advanced copy of the TE t to the States, for information only, two weeks prior to' sending to the vendors.
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- 19. The, Project Manager prepares a letter to the vendor transmitting the TER and stating the conclusions of the review, i.e., approved,'
H disapproved, conditionally approved, etc.
If approval is granted L
the vendor is requested to make the 'necessary revisions to the' final L
topical. report..
l 20.
The vendor revises the topical-report, incorpreting the TER, within 60 days from receiving the letter in step #13 and transmits the final y
proprietary and non-proprietary versions to the NRC. The Project i
-Manager reviews these documents within 30 days of receipt to ensure that all the required changes have been incorporated.
If changes have not been incorporated as previously agreed, the Project Manager requests the vendor to make the necessary modifications.
if.
21.
The Project Manager. shall-inform the DCD and the Program Analysis Branch that the review is now closed.
E.
Document Concurrence:
Key steps resulting in written documents requiring concurrence are listed below.
Step #
Document Description LLW Signature Authority 4
5 Rejection letter Director 8-Acceptance letter Section Leader 10 Memo - Topical to States Branch Chief 14 Letter - RAI #1 to vendor Section Leader 15 Memo - RAI #1 to States Branch Chief
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KM/WM ADMINISTRATIVE PROCEDURE 16 Letter - RAI'#2 to vendor Section Leader i
16 Memo - RAI #2 to States Branch Chief a
18 Memo - TER to States Branch Chief j
i 19 Letter - TER to vendor Section Leader F.
Fees:
A system to account for staff review time and technical assistance services has been initiated for the topical report reviews:in a manner.
similar to the NRR accounting system for topical report reviews. Fees charged will be consistent with 10 CFR 170.31.
The Staff Input Report will be used to track staff time s mnt on each topical report. Actual hours should be charged against t)e correct:PPSAS numbers. Milestones to be used are listed below with their correspondingi review steps, The number of milestones have been kept to a minimum-(6) for simplicity sake, however, all of the review steps have been incorporated.
Milestone #
Description Review Step 1
Acceptance Review 1-10 t
2 Complete RAI #1 11-15 l
[
3 Complete RAI.#2 16 4~
Completo TER 17-18 5
Revise Topical Reports 19-20 6
Closecut Review 21 H
ll
MEMO ADAVIS 2.
p In sumary, we agree with Illinois' intention to clarify for. its gener rs what the waste acceptance criteria will be for its new facility. How,er, O
there are a-nunber of potential pitfalls associated with specifying Ahese id like to
[
l criteria.'Wehaye'hadafewbadexperiencesinthisareaandwewpPlease
. relay some of this experience to Illinois in the proposed meetin.
advise us if such a meeting can be arranged with the appropria IDNS. staff.
Robert M. Bernero, rector Office of Nuclear aterial Safety and Safeguards
Enclosure:
As stated 1
I l
l L
1 DISTRIBUTION:
l Central File f 409.14 NMSS r/f' RBernero GArlotto RLBangart PLohaus JJSurmeier LPerson JJones r/f JGreeves MBell HMSS Dir. Ofc. r/f PDR Yes: /T~/
PDR No: [f. /
Reason: -Proprietary /~/
or CF Only /.
/
p
/b/
No: /
./
- ACNW.
Yes SUBJECT ~ABST'ACT: COMMENTS ON IL DEPT OF NUCLEAR SAFETY REGULATION
" STANDARDS FOR THE TREATMENT OF LL RAD WASTE"
- SEE PREVIOUS CONCURRENCE OFG :LLOSa
- LLOB*
- LLTS*
- LLWM*
- LLWM*
- NM55
- NM55 NAME:LPerson/jl :PLohuus :J5urmeier:dGreeves :RLBangart :GArlotto :RBernero DATE:01/31/90
- 01/31/90 :01/31/90 :01/31/90 :01/31/90 :01/ /90 :01/ /90 0FtlGIAL REGORD COPY