ML20035C354

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Forwards Request for Comments on Draft Responsibilities for low-level Radwaste Storage Policy,Licensing & Insp
ML20035C354
Person / Time
Issue date: 03/15/1993
From: Bangart R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Cooper R, Norelius C, Stohr J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
References
REF-WM-3 NUDOCS 9304070110
Download: ML20035C354 (8)


Text

..

MEMORANDUM FOR:

Thhse on~ Attach:d List MAR 1519W 2

1 i

'.FROM;..

-Richard L. Bangart, Director-

-Division of Low-Level Waste Management.

I and Decomissioning Office of Nuclear Material Safety and Safeguards

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SUBJECT:

RESPONSIBILITIES FOR LOW-LEVEL RADI0 ACTIVE l

WASTE STORAGE POLICY, LICENSING, AND. INSPECTION 1

The purpose of this memorandum is to request your comments on the enclosd j

" Division of Responsibilities for Storage of Low-level Radioactive Waste."

1 This document addresses the various responsibilities shared among the.

1 Divisions of Low-Level Waste Management and Decomissioning, Industrialiand.

Medical Nuclear Safety, and Fuel Cycle Safety and Safeguards in the.0ffice ofi j

Nuclear Materials Safety and Safeguards, the Divisions of Radiation Safety and-t Safeguards and Operating Reactor. Support in the: 0ffice~ of' Nuclear Reactor:

1 Regulation, the Office of State Programs, and the Regions,- for policy,.

j licensing, and inspection issues in low-level radioactive waste (LLW) storage.

We have coordinated this document with all appropriate headquarter's j

organizations in a meeting on February II,1993, and are also requesting their-review of this final draft at this time.

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Enclosed is the final draft of this document (Enclosure 1). An earlier draft l

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was forwarded to you in early January.

If you have any coments or suggestions that you believe may improve this document, please contact Richard Turtil of my staff on 504-3447 by March 26, 1993. We plan to' issue a. final-a version of this documeat by April 9, 1993.

Richard L. Bangart, Director j

Division of Low-Level Waste Management:

a and Decomissioning 1

Office of Nuclear Material Safety and Safeguards i

Enclosures:

Ag stated l

Distributionf:entral.-FileSNMSS r/f JAustin JSurmeier JThoma LLWM r/f-PDR YES

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Proprietary or CF On1y 1

ACNW YES N0 V j

SUBJECT ABSTRACT: DESIGNATING RESPONSIBILITIES.AMONG NRC STAFF CONCERNING t

REQUESTS FOR NRC PARTICIPATION IN. DISCUSSIONS AND REVIEWS OF.

STORAGE POLICY, LICENSING, AND-INSPECTION ISSUES i

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i MEMORANDUM FOR: Those on Attached List FRON:

Richard L. Bangart, Director

\\ Division of Low-Level Waste Management i

and Decommissioning SOffice of Nuclear Material Safety

\\andSafeguards

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SUBJECT:

RESPONSIBILITIES FOR LOW-LEVEL RADI0 ACTIVE WASTE STORAGE POLICY, LICENSING, AND INSPECTION

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The purpose of tipi em yandum is to request your comments on the enclosed " Division of Responsibilities fo.Stonage of Low-Level Radioactive Waste." This document addresses the various responsibiljtles shared among the Divisions of Low-Level Waste Management and Decommissioning, Industqialgand Medical Nuclear Safety, and Fuel Cycle Safety and Safeguards in the Officesof' Nuclear Materials Safety and Safeguards, the Divisions of RadiationSafetyandSafeguaysandOperatingReactorSupportintheOfficeofNuclear Reactor Regulation, the Office of State Programs, and the Regions, for policy, licensing, s

s and inspection issues in low l We have already coordinated with the headquarte(vel radioactive waste (LLW) storage.r's organizations who re s

concerning the responsibilities \\ addressed by this document in a meeting on February 11, 1993.

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gs In the last year, we have received \\a, number of requests for information concerning our LLW storage policy, and licensing and ihspection criteria. The fact that currently operating LLW disposal sites will close or limit' access to their facilities in the coming years has caused licensees, the pcblic, and us 1 'fo' us on the likelihood that additional reliance c

on storage of LLW will occur in the ne future. A clear division of responsibility among Nuclear Regulatory Commission offices an (divisions should enable NRC to better coordinate our efforts and to address LLW storage issues \\and requests for staff involvement as further needs arise.

N'Q Enclosed are the final draft of this document (Enclosure I) and a line-in, line-out version (Enclosure 2) that will identify changesmade to the original draft. This earlier draft was forwarded to you in early January.

If ybu have any comments or suggestions that you believe may improve this document, please conta'ct Richard Turtil of my staff on 504-3447 by March 19, 1993. We plan to issue a final). version of this document by March 31, 1993.

gg Richard L. Bangart, Directbr Division of Low-Level Waste \\ Management and Decommissioning V

Office of Nuclear Material Ssfety and Safeguards g

Enclosures:

As stated

\\\\

Distribution: Central File NMSS r/f JAustin JSurmeier JTh'oma LLWM r/f PDR YES Y

PDR NO

/ Category,-

Proprietary or CF Only M ACNW YES NO 7

SUBJECT ABSTRACT:

DESIGNATING RESPONSIBILITIES AMONG HRC STAFF CONCERNING REQUESTS FOR NRC PARTICIPATION IN DISCUSSIONS AND REVIEWS OF STORAGE POLICY, LICENSING, AND INSPECTION ISSUES-E = Cover & Enclosu\\

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RBangart DATE 02/19/93 02/22/93 02/22/93 02/ /93 02/ /93 s:sumynvruzam.ows (s:\\umrervounm> <s:\\uwrnve:uimaun GifICIAL RECORD COPY-In small Box on "DATE" Jine place a: M = E-Mail Distribution Copy H = Hard Copy

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MEM NDUM FOR:

Those on Attached List FROM:

Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards

SUBJECT:

RESPONSIBILITIES FOR LOW-LEVEL RADIOACTIVE WASTE STORAGE POLICY, LICENSING, AND INSPECTION The purpose o this memorandum is to request your comments on the enclosed

" Division of psponsibilities for Storage of low-Level Radioactive Waste."

This document Addresses the various responsibilities shared among LLWM, IMNS, FCSS, DRSS and y0RS in NRR, and the Regions, for policy, licensing, and inspection issue in low-level radioactive waste (LLW) storage.

We have already coordina.ed with the headquarter's organizations who reached tentative agreement concern'ng the responsibilities addressed by this document in a meeting on Februa II, 1993.

In the last year, wg have received a number of requests for information concerning the Nuclear Regulatory Commission's LLW storage poiicy, and licensingandinspec\\ioncriteria. The fact that currently operating LLW disposal sites will cQose or limit access to their facilities in the coming years has caused lice sees, the public, and us to focus on the likelihood that-additional reliance on storage of LLW will occur in the near future. A clear division of responsibi ity among NRC offices and divisions should enable NRC g

to better coordinate our efforts and to address LLW storage issues and g

requests for staff involyement as further needs arise.

Enclosed are the final dhaft of this document (Enclosure 1) and a line-in,-

line-out version (Enclosuke 2) that will identify changes made to the original draft.

This earlier draft was forwarded to you in early January.

If you have any comments or suggestion, that you believe may improve this document, please contact Richard Turtil of staff on 504-3447 by March 12, 1993.

Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards

Enclosures:

As stated Distribution: Central File NMS r/f JAustin JSurmeier JThoma LLWM r/f PDR YES PDR NO Category:

Pr prietary or CF Only ACNW YES N0 SUBJECT ABSTRACT: DESIGNATING RES NSIBILITIES AMONG NRC STAFF CONCERNING REQUESTS FOR NRC PARTICIPATION IN DISCUSSIONS AND REVIEWS OF STORAGE POLICY, CENSING, AND INSPECTION ISSUES In small Box on "0FC" line place a:

C=

over E = Cover L Enc 1osure N = No Copy

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OFC LLWB C

LlWB b 8-dLWO b

LLWM LLWM-NAME RTurtil OWbKennddy koNauY BBrach RBangart DATE 02/19/93 0

02/M/93 k '02k/93 h 02/ /93 02/ /93 S:\\LLWMTYPE\\M002REGI.ONS OFFICIAL RECORD COPY (S:\\LLWMTYPE\\MOUFINAL)

(5:\\LLWMTYPE\\MOUIN0UT) fn small Box on "DATE" line place a: M = E-Mail Distribution Copy H = Hard Copy l

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t UNITED STATES

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-NUCLEAR REGULATORY COMMISSION

~ g WASHINGTON. D.C. 235554X101 g% N' /

fMR 151998

  • ...+

MEMORANDUM FOR:

Those on Attached List FROM:

Richard L. Bangart, Director Division of Low-Level Waste Management-and Decommissioning Office of Nuclear Material Safety and Safeguards

SUBJECT:

RESPONSIBILITIES FOR LOW-LEVEL RADI0 ACTIVE WASTE STORAGE POLICY, LICENSING, AND INSPECTION The purpose of this memorandum is to request your comments on the enclosed

" Division of Responsibilities for Storage of Low-level Radioactive Waste."

This document addresses the.various responsibilities shared among the Divisions of low-Level Waste Management and Decommissioning, Industrial and Medical Nuclear Safety, and Fuel Cycle Safety and Safeguards in the Office of, Nuclear Materials Safety and Safeguards, the Divisions of Radiation Safety and Safeguards and Operating Reactor Support in the Office of Nuclear Reactor Regulation, the Office of State' Programs, and the Regions, for policy,.

. licensing, and inspection issues in low-level radioactive waste (LLW) storage.

We have coordinated.this document with all appropriate headquarter's organizations in a meeting on February 11, 1993, and are also requesting their review of this final draft at this time.

Enclosed is the final draft of this document (Enclosure 1). An earlier draft was forwarded to you in early January.

If you have any comments or suggestions that you believe may improve this document, please contact Richard e

Turtil of my staff on 504-3447 by March 26,.:1993. We plan to issue a final version of this document by April 9, 1993.

G{ (

Richard L. Bangart, Director Division of low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards

Enclosures:

As stated a

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1

MAFT f

Division of Responsibilities for Storage of l

Low-level Radioactive Waste j

l Backaround:

The Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA) allows the low-level radioactive waste (LLW) disposal sites at Beatty, NV, Hanford, WA, and Barnwell, SC, to limit access to their facilities on January 1,1993.

On that date, the disposal facility at Beatty, NV, discontinued disposal operations and the Hanford, WA, facility began to limit receipt of waste to that generated in States within the Northwest and Rocky Mountain Compacts.

The Barnwell, SC, facility will receive LLW for disposal only through June 30, 1994, for out-of-compact-waste.

In addition, the June 19, 1992, Supreme Court Decision in New York v. United States found the "take-title" provision of the LLRWPAA to be unconstitutional, and thereby effectively releases States from all legal obligations to take title and possession of LLW. Because of these circumstances, it is likely that additional reliance on storage of LLW will occur in the near future.

NRC has recently received numerous requests for information concerning LLW storage requirements, practices, and policy.

In addition, NRC has also r

received numerous requests for participation in meetings and conferences that address storage of LLW. NRC needs to clearly identify and define LLW storage responsibilities for its various offices and divisions that regulate LLW storage activities. The objective of this document is to define these respc-sibilities so that NRC is better able to address storage issues and I

requests for staff involvement as needs arise.

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Responsible Offices:

The Divisions of Radiation Safety and Safeguards (DRSS) and Operating Reactor Support (DDRS) in the Office of Nuclear Reactor Regulation (NRR) and the Divisions of Low-level Waste Management and Decommissioning (LLWM), Industrial and Medical Nuclear Safety (IMNS), and fuel Cycle Safety and Safeguards (FCSS) in the Office of Nuclear Materials Safety and Safeguards (NMSS), and the Regions, share the primary responsibility at NRC for LLW storage licensing and inspection activities, and for LLW storage policy. The Division of Radiation 4

Safety and Safeguards in each Region will implement assigned LLW storage i

licensing and inspection activities, and will assess the adequacy and

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compliance of licensees within their regions as they relate to LLW storage.

In addition, the Office of State Programs (SP), and Regional State liaisun Officers will provide coordination and communication with Agreement and Non--

i Agreement States concerning LLW storage issues.

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l

L DRAFT 7

. Specific Responsibilities:

LLWM - LLWM is responsible for establishing and communicating NRC policies for storage of LLW and for keeping abreast of agency actions related to LLW storage.

LLWM will establish LLU storage policies in support of federal laws and mandates governing disposal of LLW, and in support of the agency's mission and Commission direction to the staff.

In coordination with IMNS, NRR, FCSS, and SP, LLWM will be responsible for developing information notices and guidance directives that relate to NRC,LLW storage and disposal-policies.

LLWM will develop recommendations for rulemaking actions that support NRC's.LLW storage policies. LLWM will participate in meetings in response to generator, state, and public requests, to discuss LLW management issues, programs, and rulemaking actions as they relate to NRC's overall LLW policies and strategies for regulating'the storage and disposal of LLW by reactor, materials, and fuel cycle licensees.

Requests for general discussions of NRC storage programs and policy will usually be handled by LLWM. LLWM will also continue to cover storage issues at meetings such as the LLW and Decisionmakers' Forums.

IMNS --IMNS is responsible for establishing licensing and inspection procedures and guidance related to storage of LLW by materials.. licensees.

This would include the development and issuance of licensing guidance for applicants, inspection procedures, guidance and licensing review plans for IMNS and regional staff, and participation at meetings and forums in response to requests by materials licensees, generators, state representatives, and the.

public to discuss NRC materials storage licensing and inspection programs and requirements.

IMNS is responsible for providing' guidance to materials licensees requesting amendments to their licenses to store LLW.

IMNS or the Regions, as may be delegated, are responsible for. reviewing license applications and amendment requests to store LLW when submitted by' materials licensees, and for issuing such licenses and amendments.

In coordination with LLWM, NRR, FCSS, RES, and-SP, IMNS is responsible for establishing and communicating technical criteria for LLW storage packaging.

IMNS,'in coordination with NRR and LLWM, is responsible for licensing LLW storage at reactors under 10'CFR Part 30 when such storage is beyond that permitted under a 10 CFR 50.59 evaluation.

IMNS, with assistance from NRR.as appropriate, is responsible for providing guidance concerning storage of LLW 'at reactors under separate Part 30 licenses, including interpretations of Generic Letter 81-38,

.and for reviewing and issuing these Part 30 licenses.

IMNS should coordinate with LLWM-to ensure that activities concerning LLW storage do_not-conflict with broad NRC LLW storage policies and disposal requirements.

Requests for discussion of NRC licensing and inspections programs and guidance relating to these programs will be handled by IMNS or the Regional Off_ ice.

LLWM, FCSS, and NRR staff will provide support, as required.

FCSS - FCSS is responsible for-establishing licensing and inspection -

procedures and guidance related to storage of LLW by fuel cycle licensees.

This'would include the development and issuance of licensing guidance for.

applicants, inspection procedures, guidance and licensing review plans for -

L DRMI

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. FCSS and regional staff, and participation at meetings and forums in response to requests by fuel cycle licensees, state representatives, and the public to discuss fuel cycle storage licensing and inspection programs and requirements.

FCSS is responsible for providing guidance to fuel cycle licensees requesting amendments to their licenses to store LLW.

FCSS or the Regions, as may be delegated, are responsible for reviewing license applications and amendment requests to store LLW when submitted by fuel cycle licensees, and for issuing such licenses and amendments.

In coordination with LLWM, NRR, IMNS, RES, and SP, FCSS is responsible for establishing and communicating technical criteria for storage packaging of fuel cycle generated LLW.

FCSS should coordinate with LLWM to ensure that activities concerning LLW storage do not conflict with NRC LLW storage policies and disposal requirements.

Requests for discussion of NRC licensing and inspections programs and guidance relating to these programs will be handled by FCSS or the Regional Office.

LLWM, IMNS, and NRR staff will provide support, as required.

NRR - DRSS and DORS in NRR are responsible, in coordination with LLWM, IMNS, SP and the regions, for establishing licensing criteria and inspection procedures and guidance related to storage of LLW at power and non-power reactors under Part 50 licenses. This would include the development and issuance of guidance for 50.59 evaluations, and inspection procedures and guidance for LLW storage facilities at reactor facilities.

NRR will participate in meetings and forums in response to generator, state, and public requests to discuss reactor storage and inspection programs.

NRR, in coordination with IMNS, will address questions posed by reactor licensees and the regions pertaining to the adequacy of the 10 CFR 50.59 evaluation process, 10 CFR Part 30 license requirements, and current guidance concerning LLW storage.

Regions - The regions are responsible for implementing LLW licensing and inspections programs for LLW storage. This includes review and issuance of materials licenses and license amendments for LLW storage. The regional staff conducts materials and reactor licensee inspections involving LLW storage, and is responsible for reviewing 50.59 evaluations performed by reactor licensees.

The regional staff is to identify and assess safety issues and problems faced by all generators concerning storage of LLW. The regional staff may request assistance, as necessary, from Headquarters on LLW policy and other issues.

Requests for discussion of NRC licensing and inspection programs and guidance relating to these programs will be handled by the Regional Office, or by IMNS for requests relating to materials licensees, or by NRR for requests relating to reactor licensees, or by FCSS for requests relating to fuel cycle licensees.

LLWM staff will provide support, as required.

SP - SP is responsible for coordinating with States concerning LLW storage, and for communicating States' views and program activities involving LLW storage and how they relate to NRC programs and policies.

SP and P,egional State Liaison Officers will assist in responding to state and generator requests for NRC participation in meetings on LLW storage.

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a Addresses - Memorandum dated

/ /92 s

Richard W. Cooper II, Director, Division of Radiation Safety and Safeguards, RI J. Philip Stohr, Director, Division of Radiation Safety and Safeguards, RII Charles E, Norelius, Director, Division of Radiation Safety and Safeguards, RIII Leonard J. Callan, Director, Division of Radiation Safety.

and Safeguards, RIV Ross A. Scarano, Director, Division of Radiation Safety and Safeguards, RV t

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