ML20023B136
| ML20023B136 | |
| Person / Time | |
|---|---|
| Issue date: | 12/01/1982 |
| From: | Bunting J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Brown R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| REF-WM-6 NUDOCS 8212230153 | |
| Download: ML20023B136 (5) | |
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(noturn to Et, 623-G3 WM: 4/3 I MEMORANDUM FOR: Robert S. Brown, Jr., Assistant to the Director and Chief Program Support Branch FROM:
Joseph 0. Bunting, Jr., Chief Licensing Process and Integration Branch
SUBJECT:
QUARTERLY UPDATE FOR REGULATORY AGENDA -
DECEMBER 1982 (NMSS 821147)
Pursuant to your request, we have updated the attached rules and petitions for which WM has lead responsibility. Changes are marked on existing susnaries with any additions underlined. WM (NMSS) has been involved in the 10 CFR Part 60 rulemaking, but understands that the Office of Research will be providing the update for the Regulatory Agenda.
$f Joseph 0. Bunting, Jr., Chief Licensing Process and Integration Branch
Enclosure:
Updated rules and petitions DISTRIBUTJON NMSS 821147 WM s/f /
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l TITLE:
Transuranic Waste Disposal.
AGENCY CONTACT:
Paul H. Lohaus Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulator.y Commission Washington, DC 20555 (301)427-4500 EFFECTS ON SMALL BUSINESSES AND OTHER ENTITIES:
This action is not expected to have a significart economic impact on a substantial number of small entities.
CFR CITATION:
10 CFR 20 10 CFR 150 LEGAL AUTHORITY:
42 U.S.C. 2073 42 U.S.C. 2093 42 U.S.C. 2095 42 U.S.C. 2111 42 U.S.C. 2133 42 U.S.C. 2134 42 U.S.C. 2201 42 U.S.C. 2273 42 U.S.C. 5842 42 U.S.C. 5846 -
ABSTRACT:
The proposed rule would prohibit the disposal by burial in soil of transuranic elements above a certain concentration.
A companion amendment to Part 150 would reassert exclusive Commission authority over disposal of transuranic contaminated wastes (TRU) exceeding this concentration in Agreement States.
The proposed rule has been incorporated into a new proposed rule, that would establish a new 10 CFR Part 61.
A notice withdrawing the earlier proposed rule on TRU and an amendment to the Commission's Part 150 Agreement States rule will be issued following pub 11' cation of the final rule 10 CFR Part 61 which it-everently-befett-was approved by the commission October 28, 1982.
TIMETABLE:
Proposed Rule Published:
September 12, 1974 (39 FR 32921).
Next Scheduled Action:
Withdrawal of proposed role.
.i TITLE:
Licensing Requirements for Land Disposal of Radioactive Waste AGENCY CONTACT:
Paul Lohaus Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555.
(301) 427-4500 EFFECTS ON SMALL BUSINESSES AND OTHER ENTITIES:
This action is not expected to have a significant economic impact ~on a substantial number of small entities, s
CFR CITATION:
10 CFR 61 LEGAL AUTHORITY:
42 U.S.C. 2021a 42 U.S.C. 2073 42 U.S.C. 2077 42 U.S.C. 2092 42 U.S.C. 2093 42 U.S.C. 2095 42 U.S.C. 2111 42 U.S.C. 2201 42 U.S.C. 2232 42 U.S.C. 2233 42 U.S.C. 2273 42 U.S.C. 5842 42 U.S..C.
5846 ABSTRACT: The proposed rule would specify (1) performance objectives and general requirements for land disposal of radioactive waste, (2) technical requirements for disposal of radioactive waste to near-surface disposal facilities, (3) requirements for submitting applications for ifcenses authorizing these activities and proce-dures which the Commission will follow in the issuance of these licenses, (4) provisions for consultation and participation in license reviews by state governments and Indian tribes, and (5) procedures governing the transfer of licensed material for disposal.
Specific requirements for licensing facilities for the disposal of radioactive wastes by alternative land disposal methods will be proposed for Part 61 in subsequent rdlemaking.
The proposed rule does not deal with the disposal by individual licensees of their own wastes by burial. Disposal of radioactive wastes by an individual licensee will continue to be governed by requirements in Part 20 of 10 CFR. INSERT I
TIMETABLE:
. Proposed Rule Published:
July 24,1981 (46 FR 38081).
Sent.Sched u l e d - Act.f om. F.inal..r.u la..i.s,.pe n dl ag. he.far.e..the Ce==fssion.
Final Rule approved by the Commission: October 28, 1982, and will be published in the Federal Register before the end of the calender year.
Final Environmental Impact Statement published: November, 1982. *
~
INSERT The Part 61 rulemaking considered four major alternatives and a broad range of variations within each. The major alternatives were:
(1) a base case reflecting (past disposal practices; (2) a no action reflecting today'sbetter than base ca practices Part 61 requirements; and (4) an upper bound, involving placing all waste into a stable form.
While Part 61 involves somewhat higher costs than the no action case, the Part 61 case enhances the potential for minimizing long-term environmental releases and costs to the site owner, as well as providing greater protection against premature site closure. The all-stable case would involve significant additional costs to disposal facility customers, and although environmental impacts and costs to site owners would be minimal, staff believes that costs are sufficiently uncertain as to preclude generic implementation at this time.
Of 107 commenters on the' rule, 47 expressed explicit support,15 expressed outright opposition, and 47 offered constructive comments without taking a general position, or offered support with reservations.
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PETITION DOCKET NUMBER: PRM-20-7 PETITIONER: Natural Resources Defense Council, Inc.
PART:
20 OTHER AFFECTED PART(S):
None FEDERAL REGISTER CITATION: September 23, 1976 (41 FR 41759)
SUBJECT:
Shallow Land Disposal of Low-Level Radioactive Waste SUMMAP.Y: Description.
The petitioner requests that the Commission amend regulations to set interim standards for shallow land disposal of low-level radioactive wastes.
The petitioner proposes that the regulations require (1) the transfer of regulatory authority for long-lived transuranic waste (TRU) from the states to NRC, (2) a moratorium on new or enlarged burial site licensing pending the establishment of certain requirements, (3) payment of fees by persons who produce TRU waste to finance safe permanent disposal, (4) the solidification of all radioactive wastes before shipment, and (5) the preparation of a generic environmental impact statement.
These regulations are needed to ensure safe disposal of long-lived radioactive wastes.
Objective.
To provi e interim measures needed to preserve the capability to dispose safely of low-level wastes until the necessary studies and environmental impact statement are completed for a long-term regulation.
Background. The comment period closed on November 22, 1976.
Fourteen of the fifteen responses from industry recommended denial of the petition. The NRC staff analyzed the petition and concluded that no compelling potential health and safety hazard existed to warrant immediate NRC reassumption of regulatory authority from the states, or immediate implementation of interim regulations as proposed by the petitioner.
Consequently, a notice denying immediate issuance of interim requirements for shallow land disposal of radioactive wastes was issued by the Commission and published in the Federal Register on July 25, 1979 (44 FR 4354).
However, several issues raised by the petitioner are being considered as part of a comprehensive
)N N proposed rulemaking affecting 10 CFRWntitled " Licensing Recuirements for Land Disposal of Radioactive Waste" that was published in the Federal Register on July 24,1981 (see 46 FR 38081 and page
).
TIMETABIE: The final rule addressing these issues is-surrently. was approved by before the Commission on October 28, 1982. The Final Environ-x mental Impact Statement was published in November, 1982.
CONTACT:
Paul Lohaus Office of Nuclear Material Safety and Safeguards (301) 427-4500
.