Text

Discusses Activity Concerning Proposed Rule 10CFR60 Re Disposal of High Level Radwastes in Geologic Repositories. Requests Comments
	ML20032E228
Person / Time
Issue date:	10/07/1981
From:	Wright R; NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Fisher W; TEXAS, STATE OF
Shared Package
ML20032E226	List: ML20032E225; ML20032E227; ML20032E228;
References
	FRN-46FR35280, RULE-PR-60 46FR35280, NUDOCS 8111190921
	Download: ML20032E228 (19)
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{{#Wiki_filter:[{) & M 9 d' 3103.4/RJW/10/05/81/0 - L OCT 0 71981 WM!iT 3103 w b.- ? Dr.'W. L. Fisher p-Director, Bureau of Economic ..^' ~ Geology d University Station, Box X Austin, TX 78712' 4 M. ~ L

Dear Bill:

[ You saay recall that in September,1980 and again in May of this year, visits were made to the Bureau by myself and a technical group from the 2 Nuclear Regulatory Commission. The visits were part of a revicw of the i~ investigations in Texas being done by the Department of Energy in connection with a possible repository for high-level radioactive waste. Since the last visit, further progress has been made by the Commission in formulating the regulations under which i repository would be licensed. I am writing to describe this activity. The regulations will form part 60 of title 10 irfkhe code of federal regulations (10 CFR 60). On February 25, 1981 subparts A, B, C and D of 10 CFR 60 were published in final form. These cover the licensing procedures. On July 8,1981 subparts E, F, G and H were published as a proposed rule. These cover, amc.ag other things, the proposed geoscience criteria t)y which the suitability of a repository site would be determined. Copies of both documents are enclosed, along with a technical rationale for subpart E. I particularly wish to invite your attention to the proposed rule of July 8, whi,ch is open for written comments or suggestions by the public until November 5. You may find special interest in Subpart E-Technical Criteria. Here a number of geologic, hydrologic, geochemical and seismic requirements and conditions are presented. It might also be noted that the Commission requests comments on certain topics in the proposed rule, as mentioned in the following portions of the text: DIST: TICKET N0: OFC : NAME : DATE :10/06/81 - 3 R R3 200

s a. 3103.4/RJW/10/05/81/0 OCT 0 71981 Page No. Column No. Paragraph No. 35282 3 1 (incomplete) b; : "*_~ 35283 2 W 35284 3 1 2 $. c.. : 35285 1 3 3 2?V 35289 2 Footnote 3 .i.d If there are any questions on-.this matter, please write or telephone me e' M (301-427-4177). 2: .mm WM The assistan~ce of the Bureau in connection with the NRC visits to Texas ..w,- C% is greatly appreciated. Sincerely, .? DEM SISEE D By Robert J. Wright Senior Technical Advisor High-Level Waste Technical Development Branch Division of Waste Management Dr. Milton Holloway, Director cc: Texas Energy & Na.tural 8esources Distribution WMHT r/f WM r/f HMSS r/f RWright & r/f HMill er MKna pp MBell REBrowning. JBMartin CF ^ DIST: TICKET NO: OFC : WMHT NAME : RW ig t:bb : DATE :10 /81

.; g -% Federal Register / Vol. 48, No.130 / Wednesd' ay, July a, test / Proposed _Rul_ s as:so ~ e AtterJose Docketing and Service Branch. Copies of comuments may ha .? i. ~.

===ia a in the U.S. Nuclaer Reguistory-, '. L. ra==i==taa Public Document Room. .C %. e n: n-1717 H Street NW. Washington. D.C J - W; 'e'. a-v Canumanas may also be delivered to 12 ~3,. 6,' p.w - Room 1131,1717 H Street NW. E ,7 z. gm _p pe. + 7g uj y. 1 Waaldagton, D.C between 8:13 a.m. and - f,; y u N & & g{ 24, ,rj," n

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$n 7. w.. *. 6 : - y, D.C. 2 cess, Telephone (301) 427-43sa. 7-A. ~- a,;fs W.. sM,,l.AsessifARf amOAstaT3003' M.qW,, ,3 ,4 m.. 4 ., y, L 4/ .n. k. ..m.T,g i w Backgreemd S j g' ,Q w" Ga December 8,1s75 the Nuclear "6, d. g7 x' e Res.iatory e-mia.w (ca==d==* or 9w- -- b -. .y.W

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===iat soologic n i p? + disposal of high-level radioactive ~ - ' = westes.ne licensing procedures were ~ published in final form on February 25. NUCLEAR REGULATORY a-1sst (46 FR13s?1).On May13.1980 (4s COMMIS$10N FR 313931 the Commission published for. comment an Advance Notice of ^ 10 CFR Part 30 ~. Proposed Rulemaking (ANPR) ~ ..c DisposaM W h concerning technical critaria for- ~ regulating disposal of high-level i Wastesin Geologie Repoenodes radioactive wastes (HLW)in geologic i Acawev:NuclearRegulatory respositories. lacluded with the advance P==i==i==' notice was a draft of the technical Actiorn :%,,,,d. rule, critaria under development by the staff. sussounv:b NRCis publishini h public was asked to provide proposed amendments which sweifF comment on severalissues discussed in eachnie=1 criteria for dispost af high. the advance notice and to reflect on the i level radioactive wastes (HLW)la ' draft technical criteria in light of that - geologic respositorias.no W~ 1 discussion.h comments received criteria address siting, design. and were numerous and covered the full Performance of a geologic repository. range ofissues nlated to the techmcal 3 and the design and performance of the cdteda.h tecnhical cdteda being Package which contains the waste proposed here ere the culumination of a within the geologic npository. Also number of drafts, and were developed la I included am critaria for mataring and light of the comments received on the l testing programsc-formance ANFR. Itis the Commissions's belief confirma tiost quaEty assurance, and that the regulation proposed here is one Personnel training and certification.h which is both practical for licensing and proposed criteria are nemssary for the th9 notice provides a flaxible vehicle for ,,,.ommodating comments in that it NRC to fulfillits statutory obligetions concerning the licensing and ngulatin ' pouts out alternatives and calle for of facilities used for the receipt and comment in a number of critical plans. u storage of high-level radioactive wasta. The Commission has pnpand an analysis of the comments which eara:6mments rseelved after-explains the changes made from the _ NovemtC 5,1981 will be considered ifit ANFR. andintends to publish soon the 'J "" f is pectical to do so, but assurance of considerstic cannot be given except for comments and the analysis as a NUREG On. document. A draft of this NUREG has qW-comments received on or before this been placed in the Commission's Public 1 #"' ' date.. W Document Room for review. In addition. 'p"" Aconess: Written comments or the staff has b gun a program to develop e (G suggestions on the proposed guidance as to the methods that 11 .: t., amendments should be sent to the regards as satisfactory for - Secntary of the Nuclear Regulatory demonstrating compliance with the yfff'. Commission. Washing;on. D.C. 20558, requirements of the proposed rule. '. '.E' A 4 ~ '

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c e Federal Register / Vol 48. No.130 / Wednesday, July a 1931/ Proposed Rules

35231 hem as proposed r'- +=s set fortliappBcable environmental standard.

However, a geologic repository De technical altaria b4ia ~ are a result' Speculcany. the Eto the functional - - '- - m objectives cassists of ensmeered features as won of ther===ia=i='s fwther effort in and criteria spen - as the naturalgeologic environment. regulating geologic dispoesi of HLW by elements of geologic disposal of EW - Any evaluation of repository the Deparanent of Ener rationans for the, ' gy(DOE).The and the analyses mquimd to give perfonnance, therefore, win consider the --~ objectiws. -na-aa= that these functional . waste form and other engineering ,~ . and the Envira===a*=1Impoet elements wGI perform as latended. factors which are elemental to the - -. % ~ ^- - are available free of charps spon written - ~ BleNRC's'h=Ii3%reguladoes systea lato twss major barriers, the n,. being . [ Dismpen Proomm and Ewats ' gy N 6-- request to Frank Arsenaatt et ths above assume thetihanoing declaions wGl be waste package and the " d.m f, *M, Mtf, address.In dowloping these criteria we based,la part on the results of' analysis facGity. and se.wa=hing performanos j e 19:3 how not reexandmated DOE's

.. of the consequences of processes and objectives for each, tbs a-al==i= has" '

i r PO progranunatic choice of disposa!. events which potentiaHy could disrupt a sought to exploit the abuity to design the.~ M:3 technology resulting ham its Generic s t.:i?; Environmentallmpact Stat===e. repository.Dus. t the criteria engineered features to meet specule - A7 ta====ch as the - i..aaa has . are. requirements that design basis perfortrance ob)setives as a means of r 2 - take fato account prae===== and events reducing some of b uncertainties in the - ggp expreesty teserved untEalater time p.N possible an==Idaredan of matters within -. with the potential to disrupt a geologic calculations of overau repository i; [ 5 hW the scope of that repository.If the process or eventis perfonnance. ~~ L. ~ 4e - FR 70 ens). A . generic statement (44 anticipated. I.e Bkely. then the desism la addition, the requirements for ,,, the technical basis requires barrime which wodd not - atteria apply only to disposalIr. : D failin a way that would resultin the ' contala=='it, controHed relean rate ' a- ' ' ~, .. geologic repositoria and do not and 1.000-year groundwater :ransit time ! T addmse other possible or repository not meeting the perfannance are three criteria which act . O .c

. w disposal methods.

la that objectives. Anticipat *d processes and indep=adaady of the overaH repository 6 events would helde och ihms a pda 'i== to provide confidence that DOE's curmat plans can dispoel at - waste / rock interactions that result from the wastes wGl be isolated at least for sufBcient th to be in the area termed e the satura zone them criteria were emplacementof thewest&rerthe as long as they are most hazardous, gradual deterioreden of borehde seals. 6 developed for la saturated Cone =la===* and 1=almeta= media, Addi or alternative criteria If b procus or eventis unukely, bn ~ During the first several h the overrl! system must stin limit the F. may need to be denloped for regulating ' release of radionucHdes consistent with fonowing emplacement of the wastes, q disposalin se unsaturated or vado" the EPA standard as applied to such ~ both the radiatic t from and the heat. ,m - 38*8-events. An example of an unlikely event generated by the wastes are attributable 'O~~ Authodty. would be reactivation of a fault within mainly to the decay of the shorter-lived ? Sect;ons 202 (3) and (4) of the Energy es geologic setting which had not Reorganization Act of1974, as auended, exhibited movement since the stad of. nuclides, primaruy fission products. At about1.000 years after emplacement - [ provide the Commission with licensing the Quaternary Period. In general, both both the radiation froc and heat and regulato y authori regarding DOE likely and unlikely processes and events generated by decay of the wastes have facilities used priearil for the receipt are expected to be site and design diminished by about 3 orders of and storage of -l radioacdve 'pecific and would be identified by DOE magnitude. As the decay of the longer-d' wastes resulting activities licensed in its Ecuse application. lived nuclides, prunarily actinides. under b Atomic Energy Act and begins to dominate. both the radiation Muldple Bardare from and thermal ou t of the wastes certain otherlong-term EW storage '^ ~ ' facilities of DOE. Pursuant to that De proposed technical criteria were continue to faH until almost 100.000 to authority the a==I=sion is developing. developed not only with the 1 *

years after emplacement. By r

criteria appropriate to regulating understanding that EPA's generaDy that time both have diminished by about geologic disposal of EW by DOE.The applicable environmental standard 5 orders of megnitude and both heat and requirements and criteria contained in ' would need to be implemented, at least radiation become roughly constant due this proposed rule are a result of that in part, by performing calculations to to the ingrowth of daughter nuc!! des. effort. ' parformance but also with the primarily Ra-225. Ra-226 and their Relation to GeneraDy Applicable ledge that some of those decay products. Standards for Radiation in the - calculations would be complex and .%e techr.ical criteria would require Environment Established by the uncertain. Natural systems are difficult the engineered system to be designed so + Environmental Protection Agency to characteria.e and any understanding ' ' that the wastes are contained within the of the site willhave signi5 cant wasts package for the first thousand The Environmental Protection Agency limitations and uncertainties. nose years foDowing en+'eament. Foilowing l (epa) has the authority and properties which pertam to isolation of. this period, contab ' tolonger - responsib".ity for setting generaDy EW are difficult to measure and the assumed and the fu a. ?.he waste j applicable standards for radiation in the measurements which are made wiH be. Teckage and undergrchailityis to d environment. It is the responsibility of subject to several sources of error and control the release of radionuclides frem the NRC to implement those standards ~ uncertainty.ne physical and chemical b underground facility. By requiring in its licensing actions and assure that processes which isolate the wastes are containment during the period when the public health and safety are protected, themselves varied and complex.Further. thermal conditions around the waste Although no EPA standard for dis those processes are especially difficult packages are most seveta. evaluation of of EW yet exists, these to understand in the sies close to the repository performance is greatly technical criteria for ting geologic emplaced wastes because that area is - simplified to considerations of the disposal of EW have been developed physicaDy and chemically disturbed by degree of conservatism in the to be compatible with a generaDy the heat generated by those wastes. containment design relative to events I g

) 35:82 ~ Feder R;gister / Vol. 46. No.130 / Wedne'sday. July 8,1981/ Proposed Rules and pmceases that might afect the-RetdevablDty.. ' d ". by the rule finaDy, a retrieval sch'edule ~

=== dudng the confafm ent na Bcensing procedures of10 CFR ; is suggested of about the same time as ped

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Although both the radiation from and Part 80 were wdtten assuming that there - the ortginal construction plus - heat generated by the decay of th* . would be a program of testing and en pla=na 1 operations-nother 30- , f wastes have d!=mtshed about 3 ordes - measurement of the thermal. odd years.Sinceitis protiably not

-. 7 of magnitude during the con. rom.at -

m.,h=abal and chemical properdes of Praedcal to adjust the retrievability the major @M barders to conSrm4 design aspects of the repoeltory , $.v...b e T.:Pedod.the ana surrounding the s

. their expected performamm. hp'WT of the waste packages, the no.yeardC 5

r -m.dadan would Uke to de the w . A';. remplaced wastes wi!!uot return to m y temperatures near tt'oes before the ',,%d. 4 for retievability of thedK requirement wiD spply to aD of the g; moooyeara.as menened earner..out wastes were amplaced until after ab wastes to the w+2-3 time needed W.-- waste.nocammiasion is parti:ularly . ~. me,e,s _.econn,madon ais,e,.d a commenis owe degres io y;~ thermaldisturbanos of the ana near the ' program.However,at presentit appears.which this requirement will govern the emplaced wastes adds sf rniffr=ntly to.. to the rammission that neither the thennal and 'a ^=au=1 design of the the uncertainties in the calculation of speaSc nature nor the pedad needed fo~ repoof tory and on whether some shorter ~ the transprt of the radionucIldes execution of the performance period would be adequate or whether 1 through the geologic environment.De conErmation program wiD be certain there are other ways than an overall

p. tachaM=! criteria are intended to antil construcdon of the repository is retrievability requirement to preserve 1 compensate foruncertalsties by sube=nt' ally complets that is, until the options before permanent closure.De imposing further design re ents on actual fleeneing to receive wastes at a Commission does not want to approve the wasta package and un ergmund

' geologic repositary. Hance it is ahle construction of a design that wd1 facility, thereby limiting the scurce term at this time to use the performanen foreclose unnecessardy options for by controllag the release rate. eaa%=*a program as a basis for future decisionmakers butitis also j '#'hII'hl'tg a period of retrievability, conceand that retrievability P. Role of the Site Nonetheless. DOE Is now mking requirements not unnecessarily L t ne Con =n!ssion neither intends nor critical decisions regardhg the design of complicate or dominate repository . cxpects either containment to be lost geologic repositories which wiD havg a design. cum etely at t.o00 years followmg direct efect upon how long the optio to De retrievability requirement does p t esp cement or the engineered system's retrieve wutes can be maintained, and not speafy the form in which the wastes c U contribution to the control of the release upon the di!!!culty which wulbe are to be retrievable or that wastes are [ s cf wnstes to cease abruptly at some encounted in exercising that option, "readily retrievable." ne requirement is g @ later ti=e. However, the Co=ndssionshould dat be necessary for protecdon. simply that all the wastes be retrievable r-recce-**= th=t at in-a notst the desic of public health and safety.Henfore, to. during a period equal to the period of >.., c.apabilities of the engineered system provide a suitable objective in this construction and emplacement. DOE's > $ wulbe lost and that the ecolocc~ ngsid, the proposed rule sets forth a plans for retrieval are specificaDy. E v senna-the site - c st emvkin 1 e-requirw nant that the eD6ineered system requested as part of its license 8 L t wtion of the wastes from th i be desigced so that the option to ' application and the practicability ofits ( ptroomrnt. and has_tranalsted this~ up to Sfty years following completion of Commission. Waste may be retrieved p retrieve the waste can be preserved !ae proposal will be considered by the g requirement inta a perfcrmance etbiec:ive for the neelevie setting.Re emplacement.nus, the waste' package upon NRC approval of a DOE o co=cussica also recognizes that and the underground facility would be application or upon order by NRC. cr 5: Isolation is. In fact, a control!ed release designed so that the period of otherwise, where authorized by DOE's to tha environ =ent which could sp:n retrievability would not be the license. many thousands of years, and that the determhant of when the Commisalon Human Intrusion rehase of radlonuc!! des and the ' would dWa to per=11 closure of the potential exposures to individuals which repository.Rather the Comunasion . issue of human Intmslon into a geologic Some concern has been raised on the could renit. should be addressed in the would be assured of the option to !et the evalu: tion of a repository. A conductof the performance. repository. Human intrusion enul.1 comphment to the evaluation of the confirmation program ind!cate when It is conceivably occur either inadverter.tly cEects of design basis processes anti appropriats to make such a decision. In or deliberately. Inadvertent binsion is cvents which might disrupt them particular, the Commission is concerned the acddental breaching of the repositoryis a projection of how de that the thermanechanical design of, repository in the course of some activity repository, unperturbed by discrete the underground facility be cuch that unrelated to the existence of the external events. will evolve through de access can be maintained until the repository, e.g exploration for or centuries as a result of the eh r*nmmi-ion either deddes to per=it development of resources.For cn amendmentis being proposed to dat } par =w losure of the repository or. lprncesses cperanng at is site.Hence. c Inadvertent incusion to occur. the to take hh action, which may institutional controis, site markers, portion of Subpart B of10 CFR Part 60 indade retrieval, public records, and societal memory of t which describes the contents of the As it is now structured, the rule would the repository's existence must have SefetyAnalysis Report of DOE's require b effect that the repository. been ineffective or have ceased to exist. cm llcation forgeologie disposal of design be such as to permit ntrieval of Deliberate or intentional intrusion, on bl.W which would require DOE to weste packages for a period of u' to no the other hand, assumes a consdous project the expected performance of the years.no components of this total decision to breach the repository: for

proposed geologic repository noting the period are as follows: the first waste example, in order to recover the high.

rates and quancties of expected packages to go in the' repository are level waste itself. or exploit a edneral rebeses of radionuclides to de. likely to be in place about thirty years assodated with the site. cecessible environ =ent as a Smetion of before all wastes an in place: Historical evidence indicates that ] 21::ru thereafter, a 50-year period is required there is substantial continuity of ' S o %s+ M rew.e4 36 ho?

l 1 Federal Register / Vol. 4a No.130 / Wednesday, }nly 8.1981/ Proposed Rules 35283 Information treasiw over then.nare and escovsting over a canaderable should consist of two 'najor engineered am surerous examples of h? (. period of time. Itis highly tage Aable barriers (waste packages and including complex tafo' rmation, being that a terrorist pomp could anno *plish - underyound facihty)in addition to the ed for thousands of years. This this covertly. natural barrier provided by the occassrod even la b =L=== of la light at the above, the --d==== soological setung.no

==8==3== is e r pnnting and modena information adopted the positka that. emphasizing bee elements to take ~ transfer and storage systems. - dictates that everything thatis aduntage of the..p,

;;, to stain "N

Furthermore, this informatka r====hl= bg done to diasmurage people has survived disruptive events, such as from intrudinerinto the reposttory.naa.

greater conM=ar= in the laplatio

~* waste.Having reached these ~ _ " wars, natural disasters, and dreastic g the monoemd technical crttaria are w u. b r===d=='a= considers y changes in the social and poli 6 cal fabris. di." alta " ' =: --d

, T d, of societies.no==h== tion of the - -

. and for whielttagne esos.s,rti!Lappg!!r to deaa se pwformance criuria fora of stes of httle resource value next whether or not and to what level of e7' historical record of information transfer, ,,, 7 extensively documented alte locatice.7. be any attraction fdfurure socwties. geolog calrepository abound be "N provisions for a wou.markad and rurmer.me 'erttslH N 51 K pr==e^-d la this regard, se ...A.. and the scale and technology of the require reha documentation of the cm gsa considers the following3 alternadves:2 operadon needed to driu deeply enough saistence and location of the repository M '". to penetrate a geologic repository argue ~ and the nature of the wastes emplaced

1. Prescribe a single omaR MC strongly that inadvertent intrusion as therein.8"a maridag the site with prW=an stardard sat mustk met.

descrbd above is highly improbable. at the most pennanent markare practical The standard in this case would be the 'N 1mt for b Bret severalhundred years ~ However, once the sies is==t=ce.a EPA standard;. C 'during which time the wastes are most "'=*=d. and d-*=d 11 does no use 2.Prescrb minimum performance ? hazardous.Sdecting a site for a. c to argue onr whether these measures standards for each of the rnaler, d,.~. repository which is unattractive with win be adequ, ate in the futura, or to elements, in addidon to requiring the respect to both amource value and.. speculate on the virtuallafinity of overen system to meet the EPA scientific interest further adds to the human intrumon scenarios and whether standards: and improbabihty ofinadvertent human they willar will not result in violation of

3. Prescribe detailed numerical intrusion. lt is also logical to assume the EPA standard.Of course, the that any future generation =r.

r==i== ion recognizes that there are criteria on cridcal enginneering e alternative approaches to attributes of tim repository system. the technical capability to locate arg Intmaion question. A-,the Human Alternative 3 is en==td-red overly explors for resources at the depth of a repository would also pcesess tl e canment on &is an ternad u - restrictive on the design flexibility an,! judged to be inappropriate at this stage capability to assess the nature of *.he approaches we .of technologicaldenlopment.

~

material discovered, to mitigste Relation to Other Parts of NRC %erefors. this alternabuis quickly consequences of 3e breach and to Regulations =11 min =ted as a viable regulatory reestablish adminIntrative contml over Finau 11 e r,.d. rule contemplates that approach. ama[n g,,, DOE activities at a geologic repository . Altemative 1 has as its princi te c8Pabihty to iddfy ed. Operations area may in appropnate advantage b fact that it provi explore an anomak=w heat source cases belicensed under otherpads of maximum flexibilityin app r' ;., several hundred mv rs beneath the NRC regulations and would then not be credit forcontainment and isolation to Earth a surface and not assume that ev-.a by these technical criteria. We the several elements of the repository. It those exploring would han sonw idea note. in this w.4M. that the scope also allows the designer to incorporste of either what might be the cause of the section of the procedural rule and apply new technological l anomaly or what steps to take to speciScaDy provides that Part so shan devdows M hwW h b mitigate any untoward consequence of not apply to any activity licensed under site characterization phase to the another part.This allowe an The above arguments do not apply to.- Independent spent fuel storage repository fesign.Notwithstandarts at exp ration. some concern over its practicality in'the the case of deliberateintmsion.The installation to be licensed under Po rt 72 regulatory framework, the Co nmission enn though located at a geologic cannot at this time eliminate it from repository itself could be atuctive and invite intrusion simply because of the repository operations ama (provided, of ' further consideration.The F-'aaion course. it is suf5ciently separete to be resource potential of the westes classified as independent). Other DOE is, therefore, speciScaDy requesting the themselves. Intrusion to recover the activities of the geolegic repository general public, particularly those from wastes demands (1) knowledge o; the operations area could oe licensed under the technical communities, to comment existence and nature of the repository. Parts 30 or 70 if an exemption from Part on this, Point. In addition. the and (2) effort of the same magnitude as that undertaken to emplace the wastes. cois deternuned to be appropriata. Commissma aquests enmentors o espousing this alternative to address Hence intrusion of this sort can only be Alternative Approach speciScally ways in which the the result of a conscious, collectivs In the course of the C$mminion's Commiazion might Snd reasonable societal decision to romver the wastes. deliberation. it becomes evident that in assursnee that the ultimate standards Intmston for the purpose of sabotage order to have conEdence in the ability of l or terrorism has also been mentioned as a geological repository to contain and j?' $ - Q"%,,* Q M ) a possibility. However. due to the nature isolate the wastes for an extended sr..a in Appenda no com=>=os Peper ssca.et-of geologic disposal, there seems to be period of time, the repcsitory most ar. Anna v. sses. -usomanie for re*===se very Uttle possibility that terrorfsts or consist of multiple barriers. In view of oter .nd a.cw.d omr.cannoce or se saboteurs enuld breach a apository. the uncertainties that attach to reliance $ $.co, 3

g j 6,,8,l' [

Emach of the repository would require on the gee'@ setting alone, the ,w

u. a mmimon s tanc Docuient extensive use of machinery for drilhng Commission believes that a repository Room.1717 H $dw. Wasamston. D.C. 26sE6 l

i

35284 Federal Resister / Vcl. 46. Nc.130 / Wednesday, July 8.1981 / Proposed' Rules are met without preemibing standmeds careful and enhaustive analysis of au separted from the HLW so that they will for the major elements of a reposi the feetuas of the repository wiD be not experience a significant increase in la relation to the first and the needed.That analysis necessarily must temperature. alternatives that are briefly discussed be both qualitative and quantitative Although a minimum 1.000. year above. Alternative 2 appears to offer a, although the analysis can and will be contain==nt and a maximum one part in nasonable and practical % ise.In largely quantitative during the period 100.000 release rats wiu satisfy these tddition to retaining the single overaR that greatest wilance can be placed critaria. the rut== ion considers it performance standard in Alternative 1 the engineered system.nareaftsr. highly duimble that wastes be I. as the Saal performance objective, this, though the issues of concern, and contained as Icag thereafter as is approach establishes the =ini===- certainly the physics of a repository rusonably achwsW. and that wlease pafarman~ objectives for each of the s itself, do not change. the numerical rates be as far below one part in 200.tco c. major barriers of the repository.While uncertamties begin to become so large. as is reasonably achievable. ' ied s, P this approachlimits the myository that celulatlocs become a weak c-3.SlfingRepiaments. Although no i demsner's flexibility. it is clear that ' ladicator of expected repository spectSc sue setability orexclusion Y' meeting these min'n== design goals performance. would substantially enhan= the la sum, the '- b 8--' c'riteria puform requirements are given in the criteria. r' - Commission's conSdence that the final two tasks. First they serve to guide DOE stability and mirWnum groundwater A EPA standard will be met.Thenfore. In siting, designing. construcung, and ' travel times an specified as required

the Commission prefen a technical rule operetag a repository in such a manner site characteristics. ALARA (as low as

. established upon this approach. that there can be reasonable conSdence reasonably achievable) principles have It should be noted that.in the event that public health and safety will be not been applied to the natural features ~_ that the Commission decides to a protected. Second, they servs to guide of a site because they are not ameaable the Alternate 1 approach in the DOE in those same areas in such a to mod 2fication once a site is chosen. - s ra==W portions of the proposed manner that there can be reasonable-However, the technical criteria do ^ rule (s. the section on reoutrements for confidence that the analyses, needed to identify site characteristics considered

the g ogical setting) would have to be determine whether public health and.

f** bl'm'es* "P#'N '7 ** *en i daram hnsent at the further studied and possibly revised. !n safsty is protected. can be' performed. addition,it is possible that further public

2. Performance Objectives. The dasign )"hid

s susta ec=ments would have to be sought.

and operation of the n sitory are muin ,g .M and such measures as may be necessary p Major Features of the 7m ed Rule pen t waste are bein mplaced to compensate for them adequately. The L Oretel1 Description.The propcsed and performance assessed, exposure to i= pact of 6ese charactensues on technical enteria have been written to workers and releases of radioactivity to omau puf =ance would be site address the following performance specific.Thus, the Commission has the environment must be within limits ; Judged that these should not be made . ob}ectives and requirements for siting. set by the Commission and the EPA. design and construction of the Further the repository is to be design'ed abs lute requirements. Presence of au repository the waste package. so that the optica can be preserved to the favorable characteristics does not confirmation cf repository performs" retrieve the emplaced wastes beginning lead to the conclusion that the site is quality assurance, and the training and at anytime up to sc years followtng suitable to host a.eposite. Neither is certification of personnel As completion of emplacement. Following the pasumptim cf unsuita Ulty becaun appropriate, these topics are divided in permanent closure, the repository must of the presence of an unfavorable turn to address separately requirements perform so that releases are within the characterisde in,contrevutible. Ra 6u. which apply during construction. wasta limits prescribed by the generally the Commission s approach nquins a cmplace=ent. and after permanent applicable environmental standard sufficient combinatin of enditions at closure (decemmissioning)of the which will be set by the epa. Further. the selected site to provide reasonable repository. Although the licensing the desip of the repository must include assurance dat de puformance procedures indicate that there would be a waste package and an ut ferground oWeeti,ves will be achieved. !! adverse separate subparts for siting and design facility, as well as the site, as barriers to conditions are identified as being require =ents, viz. Subparts E and F. radionuclide migration. present. they must be thoroughly raspectively (cf. I 60.31(a)(2)), the NRC The performance of the engineered charatenzed and analyzed and it must now believes that the site and desip system (waste package and be demonstrated that the conditions are are so interdependent that such a underground facility) foUowing ccmpensated for by npository design or distinction is artiScial and misleading. permanent closure is speciSed to require by favorable conditions in the geologic Fcr example, although the requirement containment of the wastes within the setting. to place the underground facility at a waste package for at least 1000 years The Commission has not included any cr.imum depth of 300 =eters is clearfy followmg closure, when temperatures in siting requirements which directly deal a design requirement. it is manifested as the repository are substantially with population density or proximity to a siting require =ent since unless the site elevated. and control of the release vf population centers. Rather, the issue has %s a host rock of su!Scient thickness at nuclides to the geologic environ =ent been addressed indirectly through st.fficient depth the above desip thereafter. consideration of resources in the requirement cannot be met.Hence the Transuranic waste (TRU) =ay be geologic setting. The Commission propered Subpart E to 10 CFR Part 60 disposed of in a geologic repository, believes this to be a more realistic contains both site and design Since transuranic waste does not approach given the long period of time ' equinments. generate signiScant amounts of heat. Invclved with geologic dispcsal r To enable the Com=1ssion to reach a there is no advantage to contahunent for Nonetheless, the Cone.ission invites finding as to whether the generally any speciSed period. Hence. the comment on whe6er population related applicable environmental standard for requirement for TRU waste is simply a siting requirements should be included disposal of HLW is met and that public controUed release equivalent to that for in the final rule and how 6ey might be heali and safety win be protected. a HLW. provided they are physicaUy, implemented.

i.;, Federal Register / Vd. M. No.130 / Wednesday. July 8.1981/ Proposed Rules 35285 4,Despr$sodCamstructort km comp.tibility with the underground M " l80.2 Definitions. For the purposes of this Pa[# 1 addition to the requirements on facility and the site and a method of -j', designag for natural phenomena. unique identiacution are required of the yP. ^ ceincality control, sadistico protection, waste package. Included in the section AccessibleEnvironmenf =*aF= and afBuent control, the proposed of the proposed technical criteria which those portions of the environment nach al creeena requsre the design of deals with the waste package are d!nctly in contact with or readily the repository to arrv=amadate potential requirements that the waste forza itself available for use by human beings. ^ ^. ~ lateraction of the wasta the ' contained withm the package be "Antidpated Processes and Events'* 'C undaryound facility,and the site. consolidated and non mwheric. means those natural proccms and. f' 3 events that are reasonablyIIkely to 4, _ Requirements are also placed upon the S.Performcace Confirmation.%e occur durine the nerind tha 'a'- ' dad '(r? ( r.... design of the equipment to be used for - proposed tachate=1 criteria include Rgdoanasejds.h a==' ha ach f y *. handling the wastes, the performance requirements for a program of testing . and from which the design bases E y and purpose of the hacW material, and and measurement (Subpart F). The main engineered system are derived.- ..t."~ design and performance of borehole and purpose of this program is to confirm the' + r... ,- shaft seals. Further.there are assumptions, data, and analyses which " Barrier" means any material or - - 7gr rwa sts related to the methods of led to the Mndinge that permitted delays movement of water or structure that prevents or substantia!!y '. ' - ~ construction.Dee-mrasion believes construction of the repositwy and radionoc!! des. = 1 ~, ; such requirensents are necessary to subsequent emplacement of the wastes.

?

assure that the ability of the repository Further, the performanca confirmati"

" Candidate area

means a geologic to contain and isolate the wastes will program inef=4** requirements for and hydrologic system within which a 7,

act be compromised by the construction monitoring of key geologic and geologic repository may be located. - p of the reposato*y.' hydrologic parameters throughont sita . Commencement of construction" N m ;.w;,saad techrdeal criteria would characterization. ennstruction, and means clearing ofland. surface or N iv requae that the =h==da~ fadlity be emplacement to detect any significant subsurface excavation, or other

-i -

designed so that it could be constructed changes in the conditions which substantial action that would adversely i Tr. */ and operatedin accordance with supported the above findings during, or afect the environmentof a site,but .5 - ~ y^ ~ relevant Federal mimns regulations. due to operations at the site. Also does not include changes desirable ft,r which specify d*"tm Ma=-- for indaded in the program would be tests the temporary use of the land for pr.blic y certals itema of electrical and of the eHectiveness of borehole and acreational uses, site characterization mechanical equipment and govern the shaft seals and of bar,kE!! plaemment activities, other preconstruction use of expbarns. pr h monitoring and investigation necessary t-Dese citeria are a blend of general to establish background information ] and decaded prescriptive rwa-sts. Regulatory Fi==G=Bly Carancellom related to the suitability of a site or to i hy han been developed frma In accordance with the Regu! story. the protection of environmental values, """**""i" + 4-and prac*. ice in Flexibility Act of1sso, s UAC eas(bl the or procurement or manufacture of the Hmnsing of other melear famlities comuniesion benby certise. that this raie components of the geologic repository such,as powerplants andfuel cyc!e wc1 not. If waamiseted, hem sisnificant operations area. ~' E facilities.While there are differences in economic impact on a substantial number of " Commission" means the Nuclear j '.,- the systems and morponents addressed aman eneties.ni propaaed rate asses only Regulatory Commission orits duly the Department of Energy,and does not fall t i '.-. these afteria frans those of power within thepurvwwof theM. authorized representatives." ts or faal cycle Waa_ and the ar%nt=h-'an!" means the ( criteria how been wrinen W Pursuant to the Atomic Energy Act of conEnement of radioactive waste within r aPPropnate for a gulogic npository, the 1954, as amended, the Ene:gy a designated boundary. prDPosed critaria npreset a -. - ~." Reorgcnization Act of1974.as amended. Decommissioning." or" permanent practice based on expemna whichas the National Enviren:r. ental Policy Act - closure." means final backfilling of shown that the aban ilmes nad to be of1969, as amended. and sections 552 subsurface faci!Ities. sealing of shafts. and 553 of title 5 of the United States and decent =mastion and h Code notice is hereby given that - dis._antlement of surface faci!! ties. s 1-a M regulate $ adophon of the following amem*ments " Director" means the Director of the ['- effectivel logic disposal of HIW~ to Title 10. Chapter I. Code of Federal Nuclear Regulatory Com-h=Ws Office However, t Commission continues to Regulations is contemplated. of NuclearMaterial Safety and [{ evambe'other possibilities for promulgating the moew detailed of the" PART 60-OtSPOSAl.OF HIGH-1.EVEl. afegd i y requirements. Cocunents are invited on RADICACTIVE WASTES IN GEOt.OGIC ra[o sal"[t ~ b !solati ew from the biosphere. REPOSITORIES " Disturbed zone" means that portion y formulations Ior the desagn mod [** construction ailerda in the rule, perhaps 1.The authority citation forPart 80 , f the geologic setting thatis o g in a more omrine lona; these may be reads as follows: [significantly afected by construction of supplemented. of course.with more t Authority: secs.st.ss.er es.es at.telb. the subsurface facility orby the heat I detailsinstaH gedance hmaets snch

f. L a. p.182.183. Pub. L a34tx5. ao generated by the emplacement of i

as Regulatory Guides.

==i==A=d es Stat. tus. m ssa. sn. 215. ess, rsdicactin waste. ~

5. Waste Pbckage. He' proposed 953. ss4. as amended (42 Uac.arrt. szrs.

" DOE"means the U.S. i- .equitece us for the design of the ' waste mos:. :os3. :oss. nit. 2sn. =32. 233% Sees. Energy or its duly an*=, Department of =d package emphasize its role as they

oz. :os. Puh. L s3-43a as Stat.1244.1:46 (42 representatives.

com ent of the overall engineered USC. 5s42. 56ssh Sec. t e. Pub. f. 86-oot (42 a t c W !.91-1s0.a3 Engineered Wem"means the waste 5 . system. Besides being required to fta a53 packages and ths, underground iacility. a contribute to the engineered system's - "Far Beld" m*=n= tne portion of the l meeting containment and controlled

2. Section 80.21s revised to read as eologic setting that lies beyon.1 the

~ 3 release performance objectives, both follows disturbed zone. . ~ d k ' Nb (3 N ~ $ V\\ c\\ DO A Y 0 9 l - .....__~ -bee. h.. }m.. N -$en (;eV, t 4-+ y e, m/ --~-- [

p dy *r.ng.qws wekt.)X H eMe c,nesL rw s.od (.r M 35286 Federal Register f Vol No.130 / Wednesday. July 8,1981/ Proposed Rules "P~~4n1='a" means the lowland and " Medium" or " geologic medium"is a excluding shafts. boreholes, and their relatively flat areas adjoining inland and body of rock charactensed by lithologic seals. mastal waters including Good prone homoneneity. 6os W " ace? " Unrestricted area" means any area, areas of offshore istantia and including "Overpack" means any buffer access to which is not controlled by the ct a miah="a that area subject to a one material, receptacle. wrapper, box or

licensee forpurposes of protection of percent or greater chance of Sooding in other structure, that is both within and individuals trem exposure to radiation any given year.

anintegral part of a waste package.it and radioactive materials, and any area "Coologic itory"means a system encloses and protects the waste form so used for residential quarters.... for the of radioactive wastes in ;as to meet the performance objectives. excavated geoligic media. A geologic p "Pohlicn~.m at Room" ni==n= the " Waste form" means the radioactive repository includes (1) the geologic place at 1717 H Street NW, Washington, waste materials and any encapsulating ' or stabilizing materials exclusive of ^ repository opersuons area, and (2) the D.C., at which records of the e - m c./ containers. soologic setting. Commi== ton win ordinaruy be mada "Coologic repository operations area" svaBable for puhuc 'aMa and any : - " Waste package" means b alttight. means an HLW facility thatis part of a other place. the location of which has watertight, sealed container which geologic repository. Including both been pcblished in the Federal Register, inchules the waste form and any - ~ ancinary enclosures, including shielding, surface and subsurface areas, whm at which public records of the ,. waste handhng activities are conducted. Comm!== ion pertaining to a particular discrete backfin and overpacks. "Coologic setting" or " site"is the { c mpositoy are made avaHable 3.Sh Ms avised 2 md as ~ goi;,,, "Ra te" or " wasts

g so.10 site charactertzenon.

e syst m means HI. and any ch raeoacnve t that provida isolation of the radioactive (a) Prior to submittal of an application matenals otherthan HLW that are ~ wasta, for a license to be issued under this part T "High-levelradioactive w'asta" or f **P 8 **'8I i8

8.' I 8I the DOE shall conduct a program of site

,"HLW" means (1) irradiated reactor -Site" n'eans b geologic setting. characterizadon with nspect to the she fuel. (1) liquid wastes resulting from the Site characterization" means the to be described in such apphcation. c'peration of the first cycle solvent gram of exploration andresearcin (b) Unless the Commission determines extraction system. or equivalent, and the. th in the laboratory and in the field. with respect to the site described in the concentrated wastes ham subsequent tmdertaken to establish the geologic. application that it is not necessary, site extraction cycles, or equivalent. In a conditions and the ranges of those characterization shallinclude a program incility for reprocessing irradiated parameters of a particular site relevant ofin situ exploration and testing at the re ctor fuel, and (3) souds into which.. to the procedures under this part. Sits depths that wastes would be emplaced. such liquid wastes have been converted. characterization includes borings. .. (c) As provided in 151.40 of this "HWL facility" means a facility surface excavations excavation of chapter. DOE is also mquired to conduct subject to the licensing and related exploratory shafts. llmited subsurface a program,of site characterization. reguist:ry authority of the Commission ~ lateral excavations and borings, and in including tn situ testing at depth, with persunut to Sections 20:(3) and 202(4) of situ testing at depth needed to respect to alternative sites. the Energy Reorganization Act of 1974 determine the suitability of the site for a (d) The program of site (88 Stat.1244).* geologic respository. but does not characterization shall be conducted in " Host rock" means the geologic . include preliminary borings and accordance with the foDowing-m:dium in which the waste is emplaced. geophysical testing needed to decide (t) Investigations to obtain the "I=portant to safety." with reference whether site characterization should be required information shan be conducted to structures, systems, and components, undertaken, to limit adverse effects on the long-term means those structures. systems, and " Stability" means that the nature and perfor=ance of the geologic repository componints that preside reasonable rates of natural processes such as to the extent practical. cssgrance that radioactive waste can be erosion and faulting have been and_arg ( ) As a rninimum thelocation of received. handled, and stored without P*C 8 4d to_b m@nt M *Fa-=, exploratory boreholes and shafts shall undue risk to the health and safety of wi ut kg;_m% Mn&n Qe be selected so as to limit the total j the public. rgdioactive waste. }'p k ] number of subsurface penetrations " Indian Tribe" means an Indian tribe. 9 " Subsurface facility" means the above and around the underground ts defined in the Indian Self-4 i-undergound portions of the geoTogic facility. r3 # repository operations area including (3) To the extent practical Ed 3s blic w 9)ld3 ). openings, backfill materials, shafts and ' exploratory boreholes and shafts in the " Isolation" mea boreholes as wen as shaft and borehole geologic repository operatiers area shall transport of ra6. ns inhibiting the seals. oactive material so that be located where shafts are planned for " Transuranic wastes" or **TRU repository construction and operation or amounts and concentrations of this wastes means radioactive waste where large unexcavated pillars are matenal entering the accessible containbg alpha emitting transuranic planned. monmen wiu epwithin elements, with radioactive half-lives (4) Subsurface explorator'y drihing. P!escribe ts. A =7 F greater than five years,in excess of10 excavation, and in situ testing befers b nanocuries per gram. and during construction shall be re)"an7 tor. orN"evYradi N

e. -

" Tribal organization" means a Tribal planned and coordinated with ruuluns from acuwties hcer.=d under such act (the organization as dehned in the In6an repository design and construction.. Atemic Energy Ac7 and "Remevatde Surf.o. Self-Drermination and Education.

4. paragraphs (c)(1). (c)(3), and (c)(13)

Storate FacLht:ee and other facil! tier authorned I'# Assistance Act (Pubuc Law 93-838). of I 60.21 are revised to read as follows: 63 "PMN Pu.peu of subwquent loced'"' "Undercound facility" means the [y%$87,,"j,",7, $*,'.*,'",, Q en. arch and developmans acavma openings and backfill materials, but. I 60.21 Content of appneados undergound atructure,includfag g w cosm) &se.1 %h Y Y f g{ d TM p W MrC. ---w ---.n E ,.__n

y Q & > W.'1".4 k 6 * ~

W*

I.'-- f-d h sd/d M 40.10 (d) z A cWig is Federal Register / Vol 48. No.130 / Wedn:sday. July 8,1981/ Proposed Ru!.

5287 9 6 (c)ne Safety Analysis Report shall ' f radioactive waste assuming the both gross and net value.%e estimate b include:

anticipated processes and events and of net value shall take into account (1) A description and assessment of natural phenomena from which the current development, extraction and the site at which the proposed geologic design bases are derived.For the marketing costs. For natural resources repository operations area is to be purposes of this analysis. it shall be without current markets, but which located with appropriate attention to assumed that operations at the geologic would be marketable given credible those features of the site that mfght npository opentions ama will be projected changes in economic or . affect facility design and perform-carried out at the maximum capacity technological factors, the resources shall / . He description of the site shallidentify and rate of receipt of radioactive waste be described by physical factors such as _ thelimits of the accessible environment stated in the appi! cation.- tonnage or other amount, grade, and ,.C .. with respect to the location of the (E) An explanation of measures used quality. geolope repository operations area. to confkm the models used to perform ,Q. (!) The description of the site shall h mgarding subsurface conditions in the[ t e assessments required in paragra{ha f also include the following information (A) through (D). Analyses and mode

5. Paragraph (a)(2) of I 60.31 is revised -

17c to read as follows: 1: that will be used to predict future vicinity of the proposed underground cenditions and changes in the geologe I so.31 c: netruenon aumonzanon. facthey-setting shdl be confirmed by using field 1, (A) ne orientation. distribution, tests in situ tests, field-verified h aperture in. filling and origin of fractures. laboratory tests, monitoring data. or JQ,,. discontinuities, and heterogeneities: natural analog studies. the criteria contained in Supart E. (2) De site and design comply with 4.p (B) The presence and characteristics JA of other potential pathways such as (3) A description and analysis of the Q4 solution festures, breccia pipes, or other. design and performance requin nents

6. Pangraph (a)(2) of I 80.51 is reviseo

)ga Pe e 3 D r structums, systems, and components to read as follows: anica] E properties IUid conditions, including e se gic Mpository wMch,am f ecJ1 Ucense amendment to 9 po pnssum and adiest stass imp riant to safety.His analysts shall decomndsalon, y? consider-(l) the margins of safety under no al p } hydrogeologic properties

2) a detailed description of the f

an cip p rag angpt2og occurrences, including those or natural measuns to be employed-such as land D e e pm % s: y' origm: (ii) the adequacy.of structures, use controls, constmetion of bulk geom c c h I and ep e den could ir e e. is n 3e e cal tems to the m um j 3 8"

8" #

accidents. including those caused by of emplaced waste within the geologic 3 natural phenamena: and (iii) the rep sitory and to assure that relevant Y t$e he t transfer d tinul e effectiveness of engineered and natural information will be preserved for the use ,) g prope of the rock mass and era. cl ers that y not ',',8enera t

mum,

' ~ r The assessment shall contain-repository opentions area, against the (I) Identification of the geologic $3 (A) An analysis of the geology. release of radioactive material to the repository operations area by o 'iT geophysics, hydrogeol cochemistry, environment.ne analysis shall also monuments that have been designated. V C' 8' and meteorology of th include a comparative evaluation of fabricated. and emplaced to be as 9 E.A (B)-Analyse e the degree alternatives to the major design festures. permanent as is practicable; and to which each of the favorable and that are important to radionuclide (ii) Placement of records of the. ~~~ E adverse conditions. If present, has been containment and isolation,with location of the geologic mpository 'y characterized, and the extent to which it particular attention to the alternatives operations area and the nature and "" o - ntributes to or detracts from isolation. that would provide longer radionuclide hazard of the waste in the archives of, d C) An evaluation of the expected containment and Isolation. local and Federal government agencies. t/he(rformance of the proposed geologic and archives elsewhere in the world, 5 p-repository noting the rates and (13) An Identification and evaluation that would be likely to be consulted by ( N quantities of expected releases of of the naturalresources at the site, Potentional humanintruders. radionuclides to the accessible including estimates as to undiscovered l W + environment as a function of time. In deposits, the exploitation of which could

7. New Subpart E. " Technical l g [ executing this evaluation DOE shall affect the ability of the site to isolate Criterid' Subpart F" Performance 3 radioactive wastes. Undiscovered Confirmation." Subpart C. " Quality Ac % assume that those processes operatingon the site are those which have beengtdeposits of resourc Assurance" and Subpart H. "Irmininir 4g yoperating on it during the Ouaternarv the area shall be estimated by and Certification of Personnel" are e

F 4 Period and superpose the pirturbations reasonable inference based on added to lo CFR Part 60. y[ radioactive waste on the natural c'alised by the presence of emplaced geological and geophysical evidence.. W Mm cittata This evaluation of resources. including processes.. *.. undiscovered deposits, shallbe sw. (D) An analysis of the expected ~ conducted for the disturbed zone and for en.101 Purpose and nature of findings. performance of the major design - - areas of similar size that are em: Concepts. structures, systems, and components, representative of and are within the Perfonnance Objectives both surface and subsurface, that bear geologic setting. For natural resources 80.111 Performance objectives. significantly on the suitability of the with current markets the resources shall 60.112 Required characteristics of the l geologic repostory for disposal of - be assessed, with estimates pro <ided of geologic settina. i ~ ~.

m 35288 Federal xegister1 Vcl 48, No.130 / Wedassdzy. July 8,1981/ Proposed Rules _ ownsenhip and case.1of he casingle aead hat complete asswunce that seals. ls designated the andergmund t Resposenry operanens As* they will be met can be presented. A fbcility.. 888-m""a"d" answanos, on the basis of (3)The exercise of Commission e so.121 Reguremmen Isrswesenhip and the record before the Commassion that 8' emet e, the pelasierepomanry the objectives and criteria win be inet is ' authority requires that the geologic repository operations area be used for eparenses aren-the ganaral standard thatis mquimd. storage (which includes disposol) of t ~ AddulanaltegehemenasIermeCamisage For i 80.17.and other.mrttons af this ' high-levulrodisectire wastes (IC WJ. Seeing sehpart that hnpose objecdves and - cIitaria for NpeSitory performance oeer * (41HLW Iar6da= 1rradiated reactor ' es Q eatzt. Feourable-the 138 PuenseeDr edeesse conditious. *. ; long times into the futurn, there wtB fuelas wee as mpecessmg westes. Howeyw.lf DOE proposes to use the ' stum stora efrodioactin ot . ' nemies and cemenessime asipdsomeman. enginsend systems and geologic media - H1.W. the storage of this radioactive i sasse - Cameral design requirememes Ier the ',, [yeam g,a wasta is subject to the requirements of ds d er soologis repasstory operations arme. g .e satst Additional desism requirements for the ordinary sense of is word. yor such this part.Thus, the storage of surface facilities la.the geoiesic long-tens objectives and critertA. what transuturtic-contaminated waste (TRU), w la required is reasonable asseransu, though notitself a form of HI.W.most tempeeltery 8perations area. ._, an.saz Addinosal design requirements for making aDowance for the time period

- dem W mquireme*is d &l* P'"

p the w facility. and hazards involved that the outcome if it is stored in a geologic repository 7 an us Deep of shans and seele for shans &.. andbeseholen. will be in conformanes with those Operations ama. objectives and criteria. (c) Aramad/oceam thegeologica surfsca sabourf I-= R[ m st ma e d eti ties su ect regul tion un Wasem Paskap Requiremen as tion to constreet a geologic pan am those to be carried out at the s i, salas Requirements for the wasta packass repositsey mperadons ans. In particular, Se0I0gi8 fePositor7 operations area, the and its==p===ata. l 80.3t(s) requtree a findmg that there is licensbg process also considen ~ Pederummse comannadas * - " ~ reasonable assurance that the typesM characteristics of adjacent areas. Mrst. m is? Canaral far amounts of radioactive materials there is to be an area within which DOE desmbed in the application can be is to eweise specified contrals to 888P8't./"~~onnance confinnesenreceived. pa=== sed, and disposed of ha prevent adverse human actions. Secced. m sa140 Ceneral:=gurementa. a repository of b design proposed there is a larger area, designated the bet k'M. "I*hcasannanos of sootechnicaland without unreasonable nak to the heahh geologic setting or site which includes and safety of the public. As statedin the spatially distributed geologic, rym IN entez Mdas. determination. the *g at this . hydrologic, and geochemical systems that paragraph. In arnvta -" wi;; that provide isolation of the radioactive > 4 ea143 hiomtortas and tesdas weses; - consJerwhether the she and desist waste from the accessible environment. packassa. Subparta " 3 Aneuranee - comply with the criteria contained is ' plus the geologic setting make up thane g eatso scope. this subpert. Once again, while the. 4 ~ sats1 AppHesbiDty. criteria may be written la ungnallRa4 geologicrepository. Wjthin the geologic' fMt W sots: Implementagon, terms the Jan. tion of compliance, setting, particular_attenuon must ce ~ 9 eatsa Quality asserenceforperfonnarum may take uncertainties and gaps in g!vaid to th~e characteristig qht gMy canar==ami. knowledge into account.provided that rock as weras.any_tpck.u=its. Sutpart H--Training and Cartmcocon of the Commission can make the spec: fled @ the host rock. Personnel finding of reasonable assurance as (d)Slgesla thelicensing eatco Genereirogairements. specified in pgregraph (a) of this section. There are several stages in the licensing so.tet T' and carnacetion progream procese. The site charactenretion stage. d.r>y - e0.182 sequemmasta. I 888 C****P"' though begun before submission of a t (a) TheEW ocz71ty,NRC exercises Ifeense application may resultin crN

d licensing and re{stedagulatory Subpart E-Technical Criteria l

3 so.101 Pwpose and menee of armangp authority over those facilities desenbed consequences requinns evaluation in the license review.no constr iction c.d /g (a)(1) Subpart B of this part prescriba in section 203 (3) and (4) of the Energy - stage would follow, after issuance of a the st:ndards forissuance of a heense Reorganization Act of1974. Any of thes* construction authorization. Aperiodof to receive and possess source. specal facilities is designated an EWfacility. operatione follows the issuance of a nuclear.or byproduct material at n (b) De geclogierspository operatiores licanse by the t'ammission.The period geologic repository operations ama. In area. of operations includes the time during particular, i 80.4t(c) requires a f!nding it) ThIs part deals with the exercise of which es' placement of wastes occurs; that ths issuance of a license will not authority with res to a particalae and any subsequent period before constitute an unmasonable risk to the class of HI.W fa a permanent closure during which the hacith and safety of the public.The geologicmPo8/forY4Peranons area. emplaced wastes are atrierchler and purpose of this subpartis to set out (2) Asoologierepositorycperucons permanent cfoeure, which includes final ptrionnance objectives and site and area consists of those surface and bacWW of subsurface facilities, design criteria which. if satisfied, will subssrface areas that are part of a sealing of shafts, decontaminating and support such a finding of no geologic repository where rah =edve dismantling of surface faalities. unre sonable risk. weste haa,mns activities am conducted. Permanent closure repnsents the end of (2) While these performance The und.M structure, tach-w active human activities with the geologic cbjectives and criteria are generaIIy openings and backfill materials, but repository operations area art stated in unqualifted terma, it is not excluding shafts, boreholes, and theie engineered systems. l e a

Do tN W 'I or kb % Eb ES Federal Rexister / Vcl. 46. No. 230 / Wsdnisday, July 81981/ Proposed Rulek e15NM (e) Containment Early during b was devoted to the construction of the any time following permbent closure. r supository life, when radiation and geologic repository operations area and This requirement does nothpply to themallevels are high and the the emplacement of wastes. radionuclides whose contribution is less of events are especiaBy (b)Performonce of thegeologic than 0.116 of the annual curidrelease as ~; dif5 t to predict rigorously, special repositoryofferpermonent closure.M1] prescrbd 1 y this parysph. aphasis is placed upon the abinty to Overallsystemperfarnwince.h

u. 2 -

contain b wastes by waste packages geologic setting shah be selected and the (3)Performonce of14 geol 'e w r.: within an engineered system.His is subsurface facility designed so as to settisw.-{l) ContNunentperi During ' N.W known as the corrioinmentperiod. ne,, assure that releases of radioactive b containment neriod the c. setting shall mit. gate the impacts @( ;. ' / erwineeredsystem includes the waste n materials from the geologic repository premature faGun of ee C . packages as won as the underground. foDowing permanent closure conform to n@.@.. facility. A waste includes:

such generally applicable environmental system.& ability of the geologie Ap

-(1)newaste w ch masists'd.. - radiationrmis standards as may setting to isolate wastes during the 4$p8M the radioactive waste materials and any have been established by the - isolation pwled. in accordance with. Y. d wph (b)(3)(II) of this section. M;9 n associated encapsulating or stabilizir.g EnvironmentalProtection Agency. deemed to satisfy this requirement. QWW materials. - (2)Pierformace of the erigineered N,iMQ (2)b contomerwhich.is the first. , system.HI) Containment of wastes.* (U)Isolationperiod. FoHowing b

(

mafor sealed enclosure that holds the.. De engineered system shall be contafament period, the geologic setting. yN waste form,, designed so that evenif fun or pe tial k conjuncnon wie b anginead " 6pi-

b. (3) Overpocks which consist of any. samration of the underground facility syde u long as bt sysum h - ~

,en ; uffermaterial,receptable wrapper. ' wee to occur.and e==-- --g anticipated expected to funcdon, and alone MG_ box or other structure, that is both. processes and events, the waste &mdte AaBbecambkofisoladng QW within and an intesml part of a waste packays wd! contain all radionuclides radioactive waste so that transport of. "T package.It encloses and protects b ' , for at least the first 1.000 years after radionuclides to the accessible . +.. d5 waste form so as to meet the permanent closure.This requirement , environment shall be in amounts and - :* does not apply to TRU wasta unlesa concentrations that conform to such W.G performance objectives. ,,y,pp g g g,,g,,,,gg y gg un (f)Isolot/on. Following the - - TRU waste is emplaced close enough to H containment period special emphasis is H1.W that the "IltU release rate can be standards as may have been estahHahed Q}4, isolation of the wastes by virtue of the ~ plact-d upon the ability to achieve significantly affected by the heat by se W - "-i -%\\ 3>W m the Age y.Jor the purpose of this$~ <)- e

E"d-e,w[ so M'fe'i'"i.

paragraph b evaluadon d b sit ed cha seterisdes of the geologic III 8 gg shan be based upon the assumpdon that "G'3"a""""rt:";a n'on;! 2::rgtt'v:ag=e,":=,ar,*oda _I in p

N..

material to the accessible environment 1.000 yea Howing pemanat cloem, during the Quaternary period, with 2.91 clide fra ons caused Be pusence d h *'. means.Th [ system ts e en ,g geo ogi tdag. j those portions of the environment fi directly in contact with or res andcipated processes and events,is at super 4'='==u emon. .L available foruse by human met one part in 100.000 of the~ maximum I so.112 nequired charactwtonce of me g amount of that radionuclide calculated ecologie setung. Performance Objectives - to be present~1n the underground facility )h geologic **.tdng shan han 8 I80.111 performanceobjectfwe. degromd f y dm & bited structur.1 and tectonic (a) Performance of thegeologic 1.000 years foHowing permanent closure. Y 'I"** * * 3 repository operoflons ono through This requirement does not apply to '"*'I

u Yn*

1 Pemonent closure.H1)Pietec#on radionucHdes whose ccstribudon is Is'ss M N gelosic setdne shan han 1 L - agamstredlotion exposures and than 0.1% of the total annual curie exhibitedhydrogeologic geo-chemical. [ - releases ofmdioactivematerioL h i c; geologic repository operations area shan relean as pruerbd by this para ph. remornhic stability since thegtart7 (B) For TRU wasta, the engmes: Wuatemy Period # g* b be designed so that unta permanent system shah be designed so that . (c) m galogic mposuwy shan be F.f,, closure has been completed, radiation following permanent closure the annual located soInst pre. waste emplacement i A ' exposures and radiationlevels, and releau rate of any radionuclide from b grondwater travel times through the far rolesses of radioactive materials to underground facility into the geologic. field to the accessible environment are 1 unrestricted areas, wiH at aH times be setting, assuming andcipated processes at least 1.000 years.. maintained within the limits specified in and eventa,is at most one partin Ownership and Control of b Part 20 of this chapter and any generally 100.000 of the maximum amount appIIcable environmental standards calculated to be pasent in b Geolocyluc Repository Operations Area established by the Environmental underground facility (assuming no I 80.121 1. - for ownership and Protection Agency. release from b undeground facility) ats controlof me emiogic repanory (2)Retrievobilityofwaste. & opwsnons ares. geologic repository opersdons area shah 'm twm pectscany as hs ememaet (a)Ownershipofthegeologic s be designed so that the entire inventory whaber as A! ARA prtaciple should be appued to fypositofy opefggong afyg, De geologic i l of waste could be retrieved on a

*8"'"'',W% [M repository operations area shall be d**"'8 l

reasonable schedule, starting at any n,. c_% 6. g.,.d whether ui. Iccated in and on lands that are either l time up to 50 years afterwaste inchnical citiarie ehemld expucsily require acquired lands under the junsdiction emplacement operations are complete.. c=='at==

w b. ser u 1.as as is r ---W and control of DOE orlands M.anu a~h"3'*""*2 s

A reasonable schedule for retrieval is h

cas s permanently withdrawn and userved one that requires no longer than about m t act e. 1 he.,is bem imme forits use.Dese lands shall be held j (, b same overall period of time than

u. and the pr-*ary. --ot us "- - nam.

free and clear of au enenmhrances,if -fe' i 5 ed,%. O beeJue o< A a w,#. s. e. y w w .s s. w.r _ =jb%M 't" 1^ r*2D O

gD,. 35295 Federal Register'/ Vol. No.130 / Wednesd:y. In!7 8L 1981/ Proposed Rules ~ g ..significant. such as:(1) rights adsing " occurred since the start of the la not limited ta planned' groundwater under the general mining laws:(2) Qparternery period are such that. wjeg withdrawal extensive tmgatten. casements for right-of-way; and (3) a2 protected they would not afect or would subsurface injection of fluads. (therrights arising under lease. rights of favorably aHect the ability of the underground pumped storage facilities, entry, deed. patent. mortgage. ~ geologic repository to isolate the wasta. or underground military activity. cppropriation. prescription, or (f) A host rock that provides the (4) Earthquakes which have occurred "* otherwise. ,.%N 'following,- h-tercharacteristics-historically thatif they were to be (b)Establishmentofastrolay.

(2)lowev=Jy.ter cactent-(2) repeated'could afect the geologic
/ O 7k Appropriate controls shall beC inhibition of yo 4.ter circulation hi - repository sipWantly.

~ T estahhhad outside of the geologie the host rocic (3) Inhibition of (5) A fault in the geologic setting that lirepoeltory operations area. DOE shad - groundwater flow between has been active since the start of the. exarcise any jurisdiction and control Moe,vlogicams or along shafts. 51rver surface and -M-estatee-drifts, and boreholes: and(4) Quaternary Period and which is within a $ necessary to prevent adverse human groundwater travel times, under pre. ' distance of the disturbed zcne that is ~~' less than the smallest dimension of the +U.: actions that could significandy reduce - waste emplacement condities, between fault rupture surface. I. the site or engineemd system's ability to the underground facility and the (6) Potentialfor severse impacts on ~ achieve isolation.The rights of DOE accessible environment that the geologic repositroy resulting from 7 may take the form of appropriate. substantially exceed 1.000 years. w.A, n g "" **4.b W***g the occupancy and medification of G possessory interests. servitudes. ce. (g) Geoefwmical conditions that (1) . goo h a gA G.;. under the general mininglaws. withdrawals from location or patent promou pac:pttatie or sorption or (7) Potential for natural phenomenal gd radiormc!! des; (2) inhibit the formation 7 of particulates, colloids, and inorganic volcanic activity ofsuch a magnituda #3 ed such as landslides, subsWace. or .m-c AddIttonalRwm. ts for th*. and organic complexes that increase the. - "I s0.122 Favorstk condeens.* mobility cf radionuc!!das: and (3) inhibit that large-scale sudace water N G*ologic Settin8 impoundments could be created that the transport dudancHdes by Each of the following conditions may partim!atn mBolds, and aplexu. could affect the performance of ths (h) Mneral assemb dat.when geologic repositcry through changes in contribute to the ability of the geologic udtoa { the regional groundwater now.P setting to meet the performance cbjecuves relating toisolation of ths. 38' w g re ealtend or~alte7 to (a)W hhnan dal would have an adverse eEect on the waste. In addition to meeting the

h ge h sad geologic, geochemical, or h logi j 6, t

m:ndatory requirements of j 60.112. a charactenstics. - 4 b pologic setting shall exhib!! an . appropriate combinatics of dese Conditions that permit the

1. ~

E"#E ** canditions so that, together with the emplacement of waste at a miaum depth of 300 meters from the ground ~ i..f EI"** d cagieered system. the favorable. conditions present are sufficient to suda @a d'uda ' hah b' Uowing c nditions within the a to h evadonof thlownt distrubed zone. Investigations should 4@ % g provide reasonable assurance that such point on the sudacs above the disturbed performance objectives will be met. calculatec extent .zontal ~.pck" 4

*[4( Anylocalconditionof the (a) Tha nature and rates of tectonic O

. bprecesses that have occurred since the disturbed zone that contributes to undergro acility, and from the ~ tart of the Quatemary Period are such isolados surface to a depth of 500 meters below ele (. ;_ g,, %t. when crofected.they would nat the limits of the reasitory excavation. N4 A cffect or would favorably aHect tha I so.12s Poteneasy adverse conetsone. (1) Evidence of acbsurface mining for l ebility of the geologic repository to The foIIowing are potentiaDy adverse res arces. god z.W f isohta the waste conditions. ne presence of any such (2) Evidence ofdn!Eng fer any (b) The nature and rates of st:uctural conditions utey compromise site purpose. processes that have occurred since the suitabuity and wiH require careful (3) Resources that have either greater i start of the Quatemary Period are such analysis and such measures as ara gross value. net value. or commercial Mat, when projected. they would not necessary to compensate for them potential than the average for other effect or would favorably affect the adequately pursuant to i 60,124. representative areas of similar size that sbility of the geologic repository to ~ (a) Adresse conditions in the gec/cgic are representative of and locatedin the isola:e the waste. setting. geologic settfng. (c) The nature and rates of' (1) Potential for tailure of existing or (4) Evidence of extreme erosion during hydregeological processes the have planned man-mada surface water the Quatemary Period. gO occurred since the start of the impoundme.its that could cause food!ng (5) Evidence of dissolutionlegf iQuatemary Period are such that, wjen of the geologic repositety operations soluble rocks. -- i@T

Dg 3prokc*ed. they would not afect or arer.

(e) The existence of a fault that has would favorably affect tha ability of the. (21 Potential, based on existing been active during the Quatemary geologic repository to isolste the waste. gsologic and hydrologic conditions. that Period. (d) Th nature and Iates of planned cnstmetion oflarge-scala (7) Potential for creati g new 'geochemicalprocesses that have surface water impoundments may pathways for radionuclide migration due . occurred s'nce the start of the signm-tfy afect the geologic to presence of a fault or fracture zone %( Quatemary Period are such that whe:r repository through changes in the Irrespective of the age oflast movement. rcW *ey would not affect er regional groundwater flow system. (8) Structural deformation such.s would favorably affect the ability of de (3) Potential for huma n activity to-uplift, subsidence, folding, and L' g:ologie repository to' isolate the waste. [aHect signoretly the geclogic fracturing during the Quatemary Period. (e) The natcre and rates of repsitory through changes in the (9) More frequent occurrence of geomorpnic processes that have hydrogeology.nis activityincludes. but earthquakes or earthquakes of h!gher ewM M caJ6 cle rg g qw Morels 3 % 4x p n tO CQet nW WNM; N W h* ~.g, g coch p AJed h kh, c fc,

N 1 Federal Register / Vcl. 46. Ns.130 / Wednesday. July a,19e1/ Proposed Rules m st , magnitude than is typical of the area in not to aNect sign!Beantly the ab!!!ty of releasedin efDnents.h alarm system which the geologic setting is located. the geologic setting to isolate wests. or shan be designed with # -M and. (to) Indications, based on conelations (2)no e5ect of the p *--d-n in situ testing capabGity. w of " M with tectonic processes adverse human activity ornatural (2)pmtection againstsomrol and features that either the of condition is===t=a-ted by the pimnomeno andsavironmensel .C c occurrenos or magnitude of quakse presence of a combmation of the conditions. g]') mayinczeena.. favorable characteristica citedin m (I)h structures systems and [ (11) Evidsons ofIgneous actiwty since ietL122.er tA. m.p .a hnportant to safety shah be - h the start of the Qestaramry Pened. (3)nepotentiaDy adverse hunen -. designed to be compedble with G;, r[., & - (12', Potential for changen in_ activity ornatural conditim can be anticipated site characterisucs andan' ?. f hydrdosic casvittions thatwould remedied-5; accommodate the efects of '. ~

M al a*==*ly sRect the adgration af :

DesipandConstruction pa enviromaantal an=ditiana so as to b. f u f.Q-, ' environment laadi-= but not Ihmited to i te.130'0enersi design requiremones for - opera r=dian=did== to the sha.. f-preventinterference with norsaal % q s.a SA. - changes in hydraulic gradient, average em geeseges repsenery operamens area. during the entire period of construcdon 45i interstitial velocity, storage an.md-nt. (a) Sectiana 80.130 through 00.134 and operaticas.. - - @W9P,~ hydraulic w.d Aty, natural recharge, specify mimmum requirements for the lii)3e structures systems, and ' i Potantionstriclevels anddacharge. design of. and construction components h n.4 to safety shah be @q'. points.

spedScations far,the geologic designed so that natural phana==na and w

(13) Conditionsiin'the host rock that ai .sf operations ares.. environmental conditions an tedat . are not reducmg conditions. Requirements for desagn contained in the site willact result. W (14) Groundwater conditions in the il etL131 through etL133 must be time period.In failure to the-penormance objectives. h*o N@T . host rock. including but not limited to considered in ---! =- wit)in 2 . high lonic strength or ranges of Eb-pH. requirements for construction (3) Pmtection agam'st dynamiceffects 2 that could effect the solubility and I 80.134. Sections 80.130 through 80.134 of equipment failure ond similar events. .E chemical reactivity of the engmeered are notintended to contain an h structures systems and rampa==ata systems. exhaustive list of design and important to safety shan be designed to s ris) Processes that would reduce construction requirements. Omissions in withstand dynamic effects that could r tion.nsult in degradation of the il 60.130 through 80.134 to not relieve result from equipment failure, such as streagth, or adversely affect the DOE from providing safety features in a unsale impacts, and simuar events and -~, pedar==ar= of the engineemd system. specine facility needed to achieve the conditions that couldlead toloss of [ t) performance objectives contained in their safety faar+iaa= , h, g *" me(to) Rock orgroundwater conditions that would require ea==1== *ndaaering i 80.111. A!! design ans construction (4)pmtaetaan agozastjfres and ngg asges in the design and construction criteria must be consistent with the ,,pf,,f,,,, CA ofthe undegreund facility orin the - results of site characternation activities. sealing of bonholes and shafts. ' (b) Systama, structures, and (I)h structures, systems, and (17) Geomechanical properties that do co;nponents of the geologic repository components important to safety shan be daigud w perfom M safe not permit deisign of s:able underground operations area shah satisfy the functions during and after Sres ce openings during construction waste following-emplacement. or retrieval operations. (1)ltadiologicc/pretsetics & explosions in the geologic repository operations ama, structures systems, and components 88*** **"88888' located within restricted amas shan be (H) To the extent practicable the $ isom Aament of pomnmasY designed to maintain radiation doses, geologic repository operations area shah be designed to incorporate th noncanbush and heat ass,e use of, In order to show that a potentially levels, and concentrations of radioactive - adverse condition or combination of materialin air in those restricted areas stant materials. conditions died in i 80.123 does not within the limits specified in Part 20 of ~ impair signincantly the ability of the' this chaptar.nese structures, systems, (iH)h gulogic wpository ( geologic repository to isolate the and components shan be designed to Opmtims ama shaB be dwigrwd to - radioactive waste, the following must be include-. include explosion and Srv detection demonttrated:- (i) Means to limit concentrations of atarm systems and appropriate sup;,ression systems with sufficient (a) h potentiaDy adverse human radioactive materialin air: fe l activity or natural condition has been (11) Means to limit the time requrred to capacity and capability to reduce the adequately charseterized, including the perform workin the vicinity of adverse effects of Bres and explosions ,k extent to which the condition may be radioactive materials. including, as on structures, systems, and components L L d[ r 8 into account the degree of resolution ease of repair and replacement and (iv) ne geologie repository operations L present and.still.he.padatW 'aW appropriste, designing equipment for important to safety. h) % bK achieved by the investigations: and providing adequate space for ease of-area shan be designed to include means (b)The effect of the poteratiaDy operation: to protect systems, structures, and adverse human activity or natural (iii) Sultable shielding: components important to safety against A conciition on the geologic setting has (iv) Means to monitor and control tlie the advene effects of either the, - .D been adequately evaluated using dispersal of radioactive contamination: Opmtion or faGum of the Srs / I,i conservative analyses and assumptions. (v) Means to control access to high suppression systems. ~ (!O and the evaluation need is sensitive to radiation areas or airborne radioactivity (5) EmergencycapabiEty.. \\m the adverse human activity or natural areas: and (1) h structures, systems, and iW condition: and ' (vi) A radiation alarm system to warn components important to safety shah be W (c)(1) The potentiaHy adverse human ofincreases in radiation levels, designed to maintain control of activity or natural condition is shown by concentrations of radioactive materialin radioactive waste, and permit prompt analysis in paragraph (b) of this section air, and ofincreased radioactivity ter=ination cf operations and l l ' e e 14 3 ,-,,e_.-- - -.., + -

~ 35222 Federal Register / Vol 46 No.130 / Wednesday, July 8,1981/ Proposed Rules evacuation of personnel durig an (e)Instrua=alama andconcol whether releases conform to the design emergency. syssoms. Instranentation and contml requirement for effluent contmL he (11) he geologic repository operatiana systems shall be designed to monitor monitoring systems shall be designed to ~ area shall be designed to include ons!te ' and control the behavior of engineered include alanna that can be penodically facilities and services that ensure a safe systems 1 - i to safety over tested. and timely a to emergency anticipated ranges for normal operation ' conditions that facilitate the use of and for accident conditions.no f 4) Waste treatment. Radioactive ' ',.. treatment facilities shsE be available offsite services (such as Bre, systems shan be designed with A A process any radioecuve - police, medical and ambulance service) sufBcient r=A=adaaay to ensure that wn generated at se pologic ^ _ _ s._ thatmay aid in recovery frosa ,adequa margas of safety am "*"'9""d*"' ' V '. P W wy opwedoes area into a f ' ~ (10) Compls.ence with mining - suitable to permit safe disposal at the,. .v

\\ ((6] Udlityservices, a-.

I ) 8I'8

mPositwy ope * '

1)Each aduty service system shaRbe segulations.To the extant that DOE is not subject to the Federal Mine Safety ,g . _.. designed so that essential safety yy md d _ funcdons can be performed under both and Health Act of1977, as to the. g, g g .constmetion and operation of the ' he normal and emergency conditions;. geologic mposilmy operations ama; t ths ~ Esafety shallinclude redundant systems - design of the gelogic mpository

~- aYp eeb e.

J (U) The utility services important to

m 8P
i to the extent necessary to maintain.

8Peadons area shan matheless (e)Considention, ceaussioneg. - ~~ ~with adequate capacity, the ability to ; ' include such provisions for worker The surface facility be designed to puform their safety functions. protection as may be necessary to-c, facilitate decommissioning. (III) he emergency utility services provide reasonable assurance that an

-'shall be designed to permit testing of structures, systems, and components theirfunctional operability and imPortant to safety can perform their 7

capacity.nis willinclude the full intended functions. Any deviation from (a) Ceneral criteria for the cperational sequence of each system relevant design requirements in 30 CFR, underground facility. whtn transferring between normal and Chapter I. Subchapters D. E. and N'will (1) The underground facility shall be cmergency supply sources. as well as give noe to a rebuttable presumption designed so as to perform its safet, th3 eperation of associated safety. that this requirement has not been' met. functions assuming interactions among syst:ma. I60.131 Accepensi eenign requirements the geologic setting, the underground (iv) Provisions shah be made so that, for surface recentesin the geologic facility, and the waste package. If thereis a less of the primary electric repoeltory operations area. (2) De underground facility shah be m a power source or circuit, reliable and (a) Facilitiesforreceipt cadretrieval ~ designed to provide for structural continued emergency power is provided of waste. Surface facilities in the stability, control of groundwater ta instruments, utility service systems, geologic repository operations area shall. movement and control of radionucIlde and operating systems, including alarm be designed to allow safe handling and releases, as necessary to comply with systIms.This emergency power shall be storage of wastes at the site, whether the performance objectives of I 80.nl.

sufficient to aHow sa fe conditions to be these wastes are on the surface before (3) The orientation. geometry. layout, mrintained. All systems important to emplacement or as a result of retrieval and depth of the underground faci!!ty, safety shall be designed to permit them Som the underground facility.%e and the design of any engineered to be maintained at all times in a surface facilities shall be designed so as barriers that are part of the underground functional mode.

to permit inspection. repair, and facility shall enhance containment and (7)lnspetion, testing, and decontamination of such wastes and Isolation of radionuclides to the extent l maintenance. The structures, systems. Oeir containers. Surface storage practicable at the site. and components important to safety capacity is not required for all emplaced ^ (4) %e underground facility shall be I shcIl be designec to permit periodic waste. inspection, testing, and maintenance as (b) Surfacefacility ventilotion. design,ed so that the effects of disruptive l nicsssary, to ensure their continued Surface facil'ty ventilation systems events such as intrusions of gas or water, or explosions, will not spread-functioning and readiness. supporting waste transfer. inspection. through the facility. (8) Criticality control. All systems for decontamination, processing, or processing. transporting, handling. packagmg shall be designed to provide (b)Flexibilityofdesign. He stora ge, retnes al. ec' placement. and protection against radiation exposums underground facility shall be designed isolation of radioactive waste shan be and offsite releases as provided in with sufficient flexibility to allow designed to ensure that a nuclear i 80.1H. adjustments, wher; necessary to criticality accident is not possible unless (c) Radiction controland accommodate sped 5c site conditions l at least two unlikely, independent, and monitoring.-{1) CDentcontrol. The identi5ed through in situ monitormg. concurrent or sequential changes have surface facilities shall be designed to tuung, or excavadon. occurred in the conditions essential to control the release of radioactive. (c)Separotion ofexcarctw, n and nuclear criticality safety. Each system materials in effluents during normal and waste emplacement (modularconcept). shn11 be designed for criticality safety emergency operations.The facilities If concurrent excavation and ( cad:t normal and accident conditions. shall be designed to provide protection emplacement of wastes are planned. The calculated effective multiplication against radiation exposures and offsits them l factor (k,e) must be sufficiently below releases as provided in i 80.nt (1) The design shall provide for such unity to show at least a 5% margin after (2) Effluent monitoring. The effluent separation of activities into discrete ( allowtnce for the bias in the method of monitoring systems shall be designed to areas (modules) as may be necessary to calculation and the uncertainty in the measure the amount and ccacentration assure that excavation does not impair exptriments used to validate the method of radjonuc!! des in any effluent with waste emplacement or retrieval of cciculation, sufficient precision to determine operations. e O

g 1 Federal R'esister / Vel. 46. Nr 130 / Wednesday. July 8. '1981/ Proposed Rules 35293 (2) Each module shah be desiped to intrusion. or gas inflow into the (II) Beckfin placed in the unt.., J perunit insulation from other modules if underground facility. facuity shad serve b following an accident occurs. (2) Water and ges control systems functions: (d)Desarrformerievelof warta, ne shan be desiped to control the quantity. IA)It shallprovide a barrier to g-anderyoned facGity shan be designed of water or gas flowing into or from the gr.rundwater movement into and from 4 to-. r.t ., : facinty. monitor k the undergmund facety. . (1) Permit retrieval of waste in composition of gases. and permit (B)It shan mduce creep deformation .s accordance wtth the performance sampling oflkruids. of the host rock that may adversely. objectives (I etL111):- (3) Systems shallbe demsned to affect (f) waste package i 'C = o: ' - (I) Ensure==h4=ne tructural provide contml of water and gaa in both (2) the localhydrologicalsystem. s etability of openmes and controlof waste emplan===at arves and (C)It shan reduce and control groundwater to permit the safe conduct ~ excavetion areas. groundwater movementwithin the a '- ofwaste ntrieval operations; and ~ - 44) Water con:rol systems shan be undergroundfaculty. ' J ~ -( (3) ADowremovalof anywaste. ' designed to include storap capability (D) It shaB ntard r= Alan =cMA,. - packages that acy be damaged ar. - and =aA=1=elayouts that ensure that migration. - require inspecthm without - - unexpectriinrush or floodmg can be . Gli) Backfill placed in the compromising the abihty of the geologic. oontroUed and contained. facility shan be selected to anow ~ m-repository to meet the performance (5)If the intersection of aquifers or adequate placement and --* la - - . objectives (I ao.111).. - ~ water-bearing geologic structures is ' underground aa-at- ~ %a C - (e) Design ofsubsurfaceopenings.' anti::ipated durms construction. the g) waste hoindl/dandamploanosant. ~ ~ (1) Subsurface openings shah be desip of the underground facility shaR designed to maintain stabGity 1 include plans for cutoff or control of (1)& gatems used for band!!ng. transporting, and emplacing radanactive - C 4;the construction and . waterin advance of the excavatiba. wastes shan be designed to have operation periods. If structural support (6)If haings are required, the contact ' is required for stability, it shan be - - between the lining and the rock positive. fail-safe designs to pmtsct ~ workers and to prevent damap to - ~'. d--L-a-d o be compatible with long. surroundmg subsurface excavations . waste packsges. t term deformation.b>drologic, shaDbe designed so as to avoid the (2) ne handling systems for geochemical and thermomechanical creation of any preferential pathway for emplacement and retrieval operations a characteristics of the rock and to aHow groundwater or radionuclide migration. shall be designed to mini =i= the subsequent placement of backfm. (h) Subsurface venc7otico.he potential for operator erroe. (2) Structures nquired for temporary ventilation system shan be designed (k)Desipfor thermalloods. . support af zones of weak or histdy to-(1) ne underground facility shau be fractmed rock shall be designed so as. (1) Control the i..a.,,,,a of designed so that the predicted thermal not to ir tpair the olacement of radioactive particulates and gases-and thermomechanicalnsponse of the permanent structures or b capabuity to within and releases from the subsurface seal excaveted amas used for the facilityin accordance with the rock will not degrade signiScantly the contahnat of wastes. performance objectives (I 80.111):. performance M b npositay or h ability of the natural or engineered (3) Subsurface openings shall be (2) Permit continuous occupancy of an barriers to retard radionuclida designed to reduce the potential for excavated areas during normal migration. deleterious rock movement er fracturmg operations through the time of of overlying or surrounding rock over permanent closure (2) ne design of waste loading and - waste spacings shall take into the long term.ne size, shape. (3) Accommodate changes in consideration-- orientetion, and spacing of openings and coersting conditions such as variations (i) Effects d b desip of b the design of engineered support. In temperature and humidity in the , systems shall take the following underground facility; undergrour_d facility on b thermal and thermomechanw=1 response of the host conditions into consideratione-(4) include redundant equipment and rock and the groundwater' system: (I) natural stress conditions; fail safe control systems as may be' (ii) Features of the host rock and h.(11) deformation character'stics of the needed to assure continued function geologic setting that affect the ast reck under normal conditions and under normal and emergency conditions thermalloading: and thermomechanical response of b underground facility and barners. (iii) ne kinds of wenknesses or (5) Separate the ventilation of . Including but not limited to, behavior strr.ctural discontinuitfes found at excavation and waste emplacement and deformational characteristics of the various locations in the geologic areas. (1) Engineeredbarriers. host reck. the presence of insulating repository: layers. aquifers, faults, orientation of (iv) Equipment i+i.ments: and (1) Barriers shall be located where (v) ne ability to construct the shafts could allow access for bedding planes, and the presence of / discontinuities in the host rock: and underground facility as designed so that groundwate in ene orleaye the m -M i *; the host rock is influenced by cycles of(iii) The stability of the rock is enhanced. underground facility. ~ (f) Rock excarotion.De design of the (2) Barriers shall create a waste underground facility shallincorporate package environment which favorsbly. temperature increase and decrgana. excavation methods that willlimit controls chemical reactions arTecting the Iso.ts Design of shafts and asels for damage to and fracturing of rock. performance of the waste package. shafts and teorenoisa. (g) Connolof waterandson. (3) Backfill placed in the underground (a) Shoft design. Shafts shad be (1) Water and gas control systems facility shall be designed as a barrier. designed so as not to create a shall be designed te be of safBelent (I) Backfill placed in the undeground preferential pathway for migration of capability and capacity to reduce the facility shall perform its fimetions grourdwater and so as not to increase potentiaDy adverse effects of assuming anticipated changes in the the potential for migration through groundwater intrusion, service water geologic setting. existing psthways., e / ^

sS294 Federal Register / Vcl. 46. No.130 / Wednesd2y. July 8,1981/ Proposed Ruhs (b') Shoft and borehole seals. Shaft. underground facility is constructed as physical and nuclear properties of the and borehole seals shan be designed so designed. waste package and its interactions with -that: (c) t'nambuction records. The the emplacement enviran===t do not (1) Shafts and boreholes wiB be construction specifications shah include compromise the function of the waste sealed as soon as possible after they - regarements for the development of a packages.he design shan taciude but have served their operational purpose.. complete documented history of not be limited to consideration of the t . (2) At the time of permanent closure repository construction.This foDowing factors: solubility, oxidation / ~. sealed shafts and boreholes wultnhibit dae===a*=d history shan inclade at reduction reactions, corrosion. -. J;.5 transport of radmarna== to atleast the : least the followine - hydriding, gas generation; th r==1 ."~ same degree as the adisturbed units of ~ (1) Serveys of underyound effecta, mechaate=1 strength, maehanien' M: rock through which the shafts or - - excavations and shafts locatedvia stress, radiolysis, radiation damage. ~ -T'" mcka, the boreholes In the case of soluble readily identiSable surface features or radionuclide retardation. leaching. fire y and shaft seals shan ....-.. -ts:- and explosion hazards, thermalloads t.g.g ^ also be designed to prevent groundwater (2) Materials encountered: and synergistic lateractions. 'f-circulation that would resultin - (3) Geologic maps and geologic cross > (2) Effect af the wastapackage on the ~ . diseolation. + sections: ' radwudfocilityandthe notural ~ (3) Contact between shaft and (4) locations and' amount of age: barriers of the geologic settitzg. The W.. borehole seals and the adjacent rock, (5) Details of equipment, meth wasta package shall be designed so that G r. does not become a preferential pathway' progress, and sequence of woric. 9 = forwater. (6) Construction problems: the in situ chemical, physical.and nuclear properties of the waste package .n J > (4) Shaft and borehole seals can . (7) Anomalous conditions and its interactions with the Z_,, & -- =+hte potential variations of ' encounteredr emplacement environment do not stress 'tempersture; and moisture. (s) Instrument locations. readings, add compromise the performance of the (5) The materials used to construct the analysis:_. underground facility or the geologic - seals are appropriate in view of the (9) facation and description of setting.ne design shan include but not- ' geochemistry of the rock and structural supoort systems:. be limited to consideration of the groundwater system, anticipated (10) location and description of - following factors: solubinty, oxidation / ~ deformations of the rock, and other in dewatering systems: and reduction reactions, corrosion. situ conditions. (11)Detaila, methods of emplacement. hydriding, gas generation, thermal (c)Ehuft conveyances used!J andlocation of seals used. effec.ta, mechanical st ength, mechanical ? radioactive weste handling. (d) Rock excaverlon. The methods stress, radiolysis, radiation damage. (1) Shaft conveyaaces used to used for excavation shall be selected to radionuclide retardation. leaching, fire transport radioactive materials shall be reduce to the extent practicable the ~- and synergistic interactions. and explosion hazards. thermalloads, drsigned to satisfy the requirements as potential to create a preferential sat forth in i 60.130 for systems. pathway for groundwater or radio' active (b) Wasteformrequirements. structures, and.omponents i=portant to waste migration or increase migration Radioactive waste that is emplaced in s2fety. through existing pathways. - the underground facility shall meet the (2) Hoists i=portant to safety shan be (e) Controlof explosives. !f explosives following requirements: 'c dzsigned to preclude case free fall. are used. the provisions of 30 CFR 57.6 (1) Solidification. All such radicactive (3) Hoists important to safety shah be (Explosives) issued by the Mine Safety wastes shall be in solid form and placed designed with a reliable cage location and Health Administration. Department in sealed containers. system. ofI abor, shall be met. as minimum (2) Consolidction. Particulate waste (4) Heist lea 6ng and unloaa.ng safety requirements for storage. use and forms shall have been consolidated (for systems shallbe designed with a transport at the geologic repository example, by incorporation into an reliable system of interlocks that will - operations area. encapsulating matrix) to limit the fail safely upon malfunction. (f) Water control.The const:uction availability and generation of (5) Hoists important to safety shall be specifications shall provide that water particulates. i designed to include two independent encountered in excavations shall be (3) Combustibles. All combustible i mdicators to mdicate when waste removed to the surface and controlled 22 radioactive wastes must have been packages are in place, grappled. and accordance with design requirements for reduced to a concombustible form ready for transfer. radiation control and menitoring unless it can be demonstrated that a fire 1 60.134 Construction specmcations for (! 60.131(c)). involving a single par.kage will neither surface and subsurface facilltfes. (g) Weste headling endemplacement compromise the integrity of other (a) Cenerc/ requirement. The construction specifications shall packages. nor adversely affect any 3 Specifications for construction shalg provide for demor. mat:en of the safety-related structures, syster:s. or effectiveness of handling equipment and components.. j conform to the objectives and technical - systems for e= placement and retneval (c) Westepackage requirements. De I require =ents of Il 60.130 through l 60.133. operations, under operat y condit:ons. waste package design shall meet the (b) Construction management Waste Package Requiremente foHeng requirements: progrcm.The const:vction speciScations .(1) Explosis e, pyrophoric. cad shall facilitate the conduct of a i so.135 Requrements for the waste chemicallytecctive materials.The I construction managementprogram that package and its componenta-waste package shall not contain will ensure that construction activities (a) Cenercliequirements ofdesign. explosive or pyrophoric materials or J do not adversely affect the suitability of ne design of the waste package shall chemically reactive materials that could I the site to isolate the waste or - include the following elements: Interfere with operations in ther i jeopardize the isolation capabilities of (1) Effect of the site on the waste underground facility or comprocuse the ( the underground facility. boreholes. packcse. The waste package shall be ability of the geologic repository to 1 shaft. and seals, and that the designed so that the in situ chemical, satisfy.the performance objectives. i o 'l 4

Federal Register / Vcl. 46[No.130 / Wednesday. July 8.1981/ Proposed Rules 35295 (2) Free liquids.The waste package may be changed by site backfiH placement and compacdon shall not contain free liquids in an charactensation construction and procedures against design rectlromants amount that could impair the structural opcational activities. before permanent backfill placement is integrity of waste package cou ponents (3)It monitors and analyzes changes begun. (because of chemicat interacdons or from the baseline candition of - (d) Test m shan be asubed fonnation of pressurned vapor) or result parameters that could affect the to test the e!!ectiveness of borehole and in spillage and spread of contamination performance of a geologic repository. shaft wals kfm full.nle oPersem ,~ in the event of package perforation. (4)It provides an established plan for

b^'

(3) Handling. Waste packages shad be feedback and analysis of data, and pmceeds to seal behdas and shafts. ; ;, w designed to maintain waste containment imple nentation of appropriate action, ges.us asennertneandteennemeess'I ' rc y - danns transps.rtation, empta-* and paenagen. o 3.* . retrieval.: ~.. ". w Iso.141 cenanneelen of gooseeknieeland . (4) Unigue idenefication. A label or sleeign paramasers. - (a) A program shan be established at ' 4 ;F ~ othermeans ofidendScation shaube :. ~ - (al Durms myository construction and the apository for mo %am/ provided for each package.%e. ~i ' ' operation, a continuing program of conditionof thewastepackages. wd. pC - identiScation shah not impair the7 aury.n'=a~ masament, testing. and Packages chose for the program shan - - C integrity of the package and shan be ~ '~ geologi: mapping shan be conducted to be mprmatadve of those to be "'7 T.7 applied in such a way that the, ensure that geotechnical and design emplaced in the repository. C information shall be legible at least to . pesamters am conSrmd and to ensure (b) Consistent with safe operation of - that appropriate actionis taken to the repository, the environment of the - dh the end of the retrievable storage period. Taform theca===Caa of changes waste packages selected for the waste ' N7 ' Each package identification shan be. km consistent with the package's pennanent anded la design to accommodate actual package monitoring program shall be ~ field conditions moontemd-representative of the emplaced wastes.. C.- written records. .#5 4

/

tb) Subsurface conditions shall be m I*

*** ' P'* '8' "*"II"I"E ~

~ monitored and evaluated against dentp program shan' include laboratory Performance Confinnation e y[ (c) As a mmimum.atasurements expmnents whicMocus e ee intmal. L W. Reqmroments assumptions.

88-The geologic repository operations displacem in en and straIE rate and locatiott of water upwienced by es emplaced waste area shan be designed so as to permit implementation of a performance.

gg,e,,9 g packages within the repository during confirmation program that meets the groundwater conditions. rock pon water the waste packsge monitoring program requirements of Subpart 7 of this part. p ts including those along shall be deplicated in the laboratory. fractures and joints. and the thermal and uperiments. Subpart F--Performance Confirmation thermomechanical response of the rock (d)ne waste package monitoring mass as a result of development and program shah continue as long as ^ f 60.1a0. Genwel mguimnwnts. . operations of the geologic mpository. practical up to the ttne of permanent m (a)ne performance confirmation (d) These measurements and closure. program shall ascertain whether. - observations shall be compared with the (1) Actual subsurface conditions original design bases and assumptions. Subpart G-Quality Assurance encountered and changes in those if significant differences exist between conditions during construction and the measurements and observations and waste emplacement operations are the original design bases and. (a) As used in this part. " qual.ty within the limits assumed in the assumptions. the need for modiScations assurance" comprises aH those planned licensing review: and to the design or in construction methods and systematic actions necessary to (2) Naturai ad engineered systems shall be determined and these - provide adequate con 5dence that the and components required for repository differences and the recommended repository and its subsystems or

operation. or which are designed or changes reported to the Commission.

components will perfonn satisfac:orily assumed to operate as barriers after (e)1n situ monitoring of the in service. permanent closure are functioning as., thermomechanicalresponse of the (b) Quality assurance is a intended and anticipated. underground facility shan be conducted mult! disciplinary system of management (b)The program shall have been until permanent closure to ensure that controls which address safety. started during site characterization and the performance of the natural and reliability, maintainability. performance, it win continue until permanent c!csure. engineering features are within design and other technical disciplines. (c) The program willinclude in situ limits. monitoring. laboratory and field testing. i 60.151 App 5 cab 5ty. i and in situ experiments, as may be i 60.u2 DesW tesung. appropriate to accomplish the o'ojective (a) During the early or developmental %e quality' assurance program stages of construction, a program forin applies to au systems, structures and as stated above. (d) The conErmation program shah be situ testing of such features as borehole components important to safety and to implemented so that: and shaft seals, backfil!. and the thermal activities which would prevent or (1)It does not adversely affect the . interaction effects of the waste mitigate events that could cause an natural and engineered elements of'the packages, backfill. rock. and undue risk to the health and safety of geologic repository.. groundwater shall be conducted. the public.These activities include: (2) It provides baseline information (b} '112e testing shall be initiated as exploring. site selecting. designing. and analysis of that information on early as is practicable. fabricating, purchasing, banat those parameters and natural processes (c) A backs 11 test section shad be shipping, storing. cleaning, erecting, pertaining to the geologic setting that constructed to test the effectiveness of installing. emplacing, inspecting. testing. l S e

v . # ~ r 35298 Tsderal Resister / Vol. 48. No.130 / Wednesday, July ~s.19e1/ P"oposed Rules r operating, maintaining, monitoring, repairtag, modifytag, and w w., I so.1st knpienentesen. DOE shaDImplement a quahty I assurance program based on the afteria -e. of Appaa+2 B of 30 CFR Part so na i s., F applicable, and appropriately - y. . S.,. .h ' s Mr ~ c supplemented by additional criteria as * ^ ~_ p,. quired by F. co.2sL re - s..

a. -

'NG m. m w '. I 80.183 Queety answance ler q. w-cenarmemen. +y: ~ ~ * -{ ' Tne quality assurance program shan - lackade the program of testa, experiments and analyses essential to '.. n.? achieving adequate conSdence that. the 2 y2' emplaced wastes will remain isolated. f from the accessible environment.. w.. + ^ Subpert H-Training and Certiflestion r' of personnel ~ g so.teo Generalrequiremente. Operations that have been identiSed as important to safety in the Safety ~- Analysis Report and in the license shah be perfmmed only by trained and certi5cd personnel or by personnel under the direct visual supervision of an Individual with training and certi5 cation La s2ch operstion. Supervisory personnel who direct operations that are important to safety must also be

. certi5ed in such operations:

~ g 84.1et Training and certificeuen, program. De DOE shad establish a program for trainmg. proSciency testing, certi5 cation and requa:15 cation of operating and supervisory personnel g so.1s2 Physical requirementa. The physical condition and the g*.neral health of personnel certifed for opnations that are important to safety sh:ll not be such as might cause operational errors that could endanger the public health and safety. Any condition which =fght cause impaired judgement or motor coordination must b2 considered in the selection of personnel for activities that are important to safety.nese conditions need not categorfeaDy disqualify a pirson, so long as appropriate provisions are made,to accomodate such defect. Dated at Washington.D.C. this 2sd day of July.1981. J samu.t !. chn.. Soc.etaryofthe Cocunissieni pu ow. ei.azzz rw-r.at aa amp 84.LaoG coat rie04He . -}}

ML20032E228

Text

Dear Bill:

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