ML20042G625
| ML20042G625 | |
| Person / Time | |
|---|---|
| Issue date: | 05/10/1990 |
| From: | Shewmaker R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Johnson T AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20042G626 | List: |
| References | |
| REF-WM-3 NUDOCS 9005150176 | |
| Download: ML20042G625 (51) | |
Text
-
s:
r A:\\RS-JOHNS.MEM Mr..Todd-Johnson MAY 10 NgB$
TECHTRAN 3027fMarina Bay Drive Suite 110 League City, TX 77573
Dear Mr. Johnson:
5(properlspacingt oniorigi'nal)
This is in response to your phone call of last week regarding the potential consideration of one of your products as a material that could be utilized in low-level waste management.
In response to your request the following items are provided so that you may consider submission of a topical report for your product.
Enclosure A provides a copy of some of the current regulations that address this subject area:
Enclosure B provides the current Branch Technical Positions (BTP) on Waste Classification and Waste Form (currently undergoing revision).
Enclosure C provides the regulations referred to on page 10-of the BTP on Waste Form that have been revised and will be referenced in the revised BTP.
Enclosure D provides the Administrative Procedure that outlines the review of topical reports.
Enclosure E provides a list of references in the field of low-level waste management.
The enclosures should provide you with some of the. background and basic information necessary to develop a topical report, if you elect to prepare such a report.
If there are any questions, I can be reached at 301/492-0596.
Robert E. Shewmaker ;(propert spacing'c on:
Qir41nal. S16niW Technical Branch t; original.)
Division of Low-Level Waste Management and Decommissioning, NMSS
Enclosures:
As stated Distribution:incentral? File 1#E305i LLTB r/f NMSS r/ f JSurmeier RShewmaker MTokar JAustin RBoyle JGreeves RBangart PDR Yest X
PDR No:
Reason:
Proprietary or CF Only ACNW Yes:
X No:
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I Enclosure A Page 1 of 1 i
10 CFR 2.790 RULES - Public inspections, exemptions and request for withholding 10 CFR 9.17 PUBLIC RECORDS - Agency records exempt from public disclosure 10 CFR 20.311 STANDARDS FOR RADIATION PROTECTION - Transfer for disposal and manifests for waste disposal 10 CFR 61.
LICENSING REOUESTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE 10 CFR 71.71 PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIALS - Package and Special Form Tests 10 CFR 170.12 EEEE - Payment-of Fees and Schedule of Fees 170.31 49 CFR 173.411 RADIOACTIVE MATERIALS - General Design 173.412 Requirements, Additional Design Requirements 173.465 for Type A Packages and Type A Packaging Tests
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I 19 GR Cle. I O-1-89 Edigise) goodser Bogsdatory %.
a aa-
$ 2.790
- f a
member of the Appeal Panel. For pur-9 2.788 stays of deen
- ef presiding of.
answer on the other parties diall be Awarrastr.frr eMyrrrerar. Recoass poses of this section, seniority will be f6cers and Ateesic Safety and IJeemeent by the same snethod e.g. telegram.
5 2.799 Publie : _. ~^
. re-determined according to the date of' Appeal Boarde preding review.
mail, as the method for Illing the ap-eseses for withh eding pHeation for the stay.
appointment as a member of the (a) Within ten (10) de 4 titer service (e) In determining whether to grant (a) Subject to the provisions of pera-Atomic Safety and Licensing Appeal of a decision or action any party to the or deny an application for a stay, the graphs (b). (d), and (e) of this section.
Panel. The Chairman of an Appeal proceeding may file an application for Commission. Atomic Safety and IJ-final NRC records and documents 'in-Board for a particular pm44 shall a stay of the effectiveness of the deci.
censing Appeal Board. or presiding of-ciuding but not limited to -.w./
be qualified in the conduct of adminis-sion or action pending filing of and a ficer will consider:
ence to and from the NRC regarding trative proceedings. An alternate may decision on an appeal or peution for (1) Whether the moving party has the issuance, denial. amendment.
be assigned to serve as a member of an review. Except as provided in para.
rnade a strong showing that it is likely transfer, renewal.~ modificaHon. - sus-Atomic Safety and Licensing Appeal graph (f) of this section. such an appig.
to prevaH on the merits; pension, revocation. or violauon of a Board for a particular proceeding in cation may be filed with the Commis-(2) Whether the party will be irrep-license. permit, or order, or regarding the event that a member asigned to sion. Atomic Safety and f hnssn, arably injured unless a stay is granted; a rule making proceeding subject to such proceeding becomes unavailable.
Appeal Board or the presiding officer.
(3) Whether the granting of a stay this part shall not, in the absence of a (b) In the absence of a quontm. the (b) An app 11 rattan for a stay shall be would harm other parties; and compelling reason for nondisclosure following individuals are authorized to no longer than ten (103 page exclu.
(4) Where the public interest lies.
after a balancing of the interests of sive of affidavits, and shall contain the matt 7rs, including requests for stays following*.
(f) An application to the Commis-the person or agency urging nondimelo-act fpr an Appeal Board on procedural sure and the public interest in disclo-of orders by presiding officers-(1) A concise summary of the deci.
sion for a stay of a decision or action sure, be exempt from disclosure and (1) The Chairman of the Appeal sion or action which is requested to be by an Atomic Sefety and IJcensing will be made available for inspection Appeal Board will be denied if a stay Board assigned for a particular pro-stayed; was not, but could have been, sought and copying in the NRC Pubite Docu-ment Room. except for matters that (2) A concise - statement of the ceeding; before the Appeal Board. An applica-grounds for stay. with reference to the are:
(2) The perrnanent Chairman of the tion for a stay of a decision or acMon factors specified in paragraph (e) of Atomic Safety and Licensing Appeal of a presiding officer may be filed (1MI) Specifically authorized under this section; before either the Atomic Safety and criteria established by an Executive Panel. In the event that the Chairman (3) In the case of an application to IJcensing Appeal Board or the presid-order to be kept secret in the interest for a particular proceeding is not avail. the Commissiorm for stay of decisions ing officer, but not both at the same of " national defense or foreign policy cble to act u the matter in
~ or actions by an Atomic Safety and IJ.
and (ii) are in fact properly classified
- time, tion, or has no n assigM censing Appeal Board.' a statement (3) The most senior available full-where (including record citation, if (g) In extraordinary cases, where pursuant to such Executive erder; (2) Related solely to the internal time member of the Appeal Panel, in available) a stay was requested from prompt application is made iMer this secdon. the Commission. Atomic personnel rules and practices of the the event that U) the Chairman for a the Appeal Board and denicd. If au Safety and Licensing Appeal Board, or Commission; particular proceeding is unavailable or such request was made of the Appeal has r -t been assigned. and UI) the per-Board, the application should state presiding officer may grant a tempo-(3) Specifically exempted from db manent Chairman of the Appeal Panel why it could not have been made; and rary stay to preserve the status quo closure by statute (other than 5 w!thout waiting for filing of any U.S.C.) 552(b). provided that such stat-is unavailable or the position is vacant.
(4) To the extent that an application anrver. The application may be made ute U) requires that the matters be (cM1) Except with respect to re-for a stay relies on facts subject to dis-orally provided the application is withheld from the public in such a quests for stays of orders of presiding pute, appropriate referenced to the promptly confirmed by telegram. Any manner as to leave no discretion on offleers, action by a designated indi-record or affidavits by knookhbk party applying under this paragraph the issue, or (ii) establishes particular vidual under the authority of para-persons.
shall make all reasonable efforts to criteria for withholding or refers to graph (b) of this section shall be re-(c) Service of an application for a inform the other parties of the appli. particular types or ma6ters to be with-viewable by the Appeal Board for the stay on the other parties shall be by cation, orally if made orally.
held.
particular proceeding, upon its own the same method, et telegram, mail.
(h) A party may file an application (4) Trade secrets and w al or motion or upon a motion filed within as the method for filing the applica-for a stay of a decision or action grant-financial information obtamed from a ing w denying a stay. As to a decision person and privileged w confidential; three (3) days of the date of the par-tion with the Commission. Atomic ticular action in accordance with Safety and Tha=8a= Appeal Board, or or action of a presiding officer the ap-(5) Interagency or intrangency mem-plication shall be filed with the orandums or letters which would not i 2.730.
the presiding officer.
(2) Action under the authority of (d) Within ten (10) days after service Atomic Safety and IJeensing Appeal be available by law to a party other paragraph (b) of this section with re.
of an application for a stay under this Board. As to a decision or action of the than an agency in litigation with the spect to requests for stays of orders of section, any party may file an answer Atomic Safety and IJeensing Appeal Commission; presiding officers shall be reviewable supporting or opposing the granting of Board the application shall be filed (6) Personr.cl and medical files and a stay. Such answer shall be no longer with the Commission. In each case the similar files, the disclosure of which by the Commission, upon its own than ten (10) pages, exclusive of affi-M"wes snd criteria of paragraphs would constitute a clearly unwarrant-motion or upon a motion filed within daHts and should concisely address (a) through te) of this section shall be edinvasionof personalprivacy; three (3) days of the date of the par-the matten in paragraph (b) of this followed.
ticular action in accordance with section to the extent appropriate. No g M 30.
further replies to answers will be en-g 42 FR 22130. May 2.1977, as amended at 43 Muets records and documents do not in-149 FR 24110. June 12.19841 tertained. Piling of and service of an FR 17902. Apr.26.19783 ciude handwritten notes and drafts.
103 102 A
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$2190 10 CFR Ch.1 (1-1-89 Edihn)
Hve9eer RV4 Commise3.n gm t7) Records or information compiled (11) Contains a full statement of the (4) In making the determination re-order. by parties to a proceeding for law enforcement purposes, but reasons on the basis of which it is quired by paragraph (bM3MI) of this pending a decision of the Commission" only to the extent that the production claimed that the information should section. the Commission will consider: on the matter of whether the informa-til Whether the information has tion should be made public8y available of such law enforcement records or in-be withheld from public disclosure.
been held in confidence by its owner; or when a decision has been made that formation.
Such statement shall address with (til Whether the information is of a the information should be withheld (i) Could reasonably be expected to spectilcity the considerations listed in interfere with enforcement proceed-paragraph (b)(4) of this section In the l
type customarily held in confidence by from public disclosure. In camera ses-its wner and whether there is a ra-sions of hearings may be held when ings; case of an affidavit submitted by a tional basis therefor; the information sought to be withheld (11) Would deprive a person of a company, the affidavit shall be execut-(iii) Whether the information was is produced or offered in evidence If rl;ht to a fair trial or an impartial ad-ed by an officer or upper level man-transmitted to and received by the the Commission subsequently deter-judication; agement official who has been specift.
Commission in confidence; mines that the information should be (iii) Could reasonably be expected to cally delegated the function of review.
(1 )
hether the infomation is disclosed. the information and the constitute an unwarranted invasion of ing the information sought to be with-I" ****'* # 0" held and authorized to apply for its he b d osure of the y
- N"
(
Could re nably be expected to withholding on behalf of the compa-information sought to be withheld is (c) If a request for withholding pur-disclose the identity of a confidential ny. The affidavit shall be executed bY liitely to cause substantial harm to the suant to paragraph (b) of this section including a State, local. or for-the owner of the inimnation. even competitive position of the owner of is denied, the Commission w13 notify source"gency or authority or any pri, eign a though the information sought to be the information, taking into account an applicant for withholding of the vite institution which furnished infor-withheld is submitted to the Commis-the value of the information to the denial with a statement of reasons.
mation on a confidential basis, and in sion by another person. The applica-owner; the amount of effort or money, The notice of denial will specify a the case of a record or information tion and affidavit shall be submitted if any. expended by the owner in de-time, not less than thirty (30) deys compiled by a criminal law enforce-at the time of filing the information veloping the information; and the case af ter the date of the notice when the ment authority in the course of a sought to be withheld. The informa-or difficulty with which the informa-t will be placed in the Public criminal investigation, or by an agency
- """"nt Room. If. within the time tion sought to be withheld shall be in-tion could be properly acquired or du-Docume conducting a lawful national security intelligence investigation. Information cMporated, as far as possible, into a plicated by others.
furnished by a confidential source; separate paper. The affiant may desig-(5) If the Commission determines. specified in the notice. the, applicant requests withdrawal of the ~.e.t.
(v) Would disclose techniques and nate with appropriate markings infor-pursuant to paragraph (bx4) of this the document will not be placed in the procedures for law enforcement inves-mation submitted in the affidavit as a s-ction. that the record or document ic Document Room and wHI N re-tigstions or prosecutions, or would dis.
trade secret or confidential or privi-contains trade secrets or privileged or turned to the applicant-Provided, close guidelines for law enforcement leged commercial or financial informa-confidential commercial or financial That information submitted in a rule investigations or prosecutions if such tion within the meaning of I 9.17(a)(4) information. the Commission will then making proceeding which subsequent-determine (1) whether the right of the disclosure could reasonably be expect-of this chapter and such information Iy forms the basis for the final rule public to be fully apprised as to the ed to risk circumvention of the law; or shall be subject to disclosure only in will not be withheld from public dis-(vi) Could reasonably be expected to accordance with the provisions of bases for and effects of the proposed c*osure by the Commission and will action outweighs the demonstrated dern,be returned to the applicant after endinger the life or physical safety of f 9.19 of this chapter.
Concern for protection of a competi, not al of any application for withhold-any individual; (2) A person who submits commer-tive position and (ii) whether the in-(8) Contained in or related to exami-cial or financial information believed formation should be withheld from ins submitted in connection with that information. If a request for withhold-nation, operating, or condition reports to be privileged or confidential or a public disclosure pursuant to this preptred by, on behalf of, or for the trade secret shall be on notice that it paragraph. If the record or document ing pursuant to paragraph (b) of this use of an agency responsible for the is th 11 f the Commission to i r which withholding is sought is sectie is granted, the Commission regulation or supervision of financial achte e an effective balance between deemed by the Commission to be irrel, will notify the applicant of its deterspi-institutions; or egitimate cecerns fw proMon oi evant or unnecessary to the perform, nation to withhold the information (D) Geological and geophysical infor-c mpetitive positions and t th og ance of its functions. It shall be re.
from public disclosure.
mition and data, including maps, con-the public to be fully app as g9 turned to the applicant.
(d) The following information shall cerning weth the basis tw and effects of licensing or (6) Withholding from public inspec. be deemed to be commercial or finan-(bMI) A person who proposes that a rule making actions. and that R tion shall not affect the right. If any, cial information within the meaning document or a part be withheld in within the discretion of the Commis' of persons properly and directly con-of 5 9.17(aM4) of this chapter and shall whole or part from public disclosure sfon to withhold such information cerned to inspect the document. The be subject to disclosure only in anord-on the ground that it contains trade from public disclosure-Commission may require information ance with the provisions of I 9.19 of secrets or privileged or confidential (3) The Commission shall determine claimed to be a trade secret or privi-this chapter.
commercial or financial information whether information sought to be leged or confidential commercial or fi-(1) Comsra rs and reports to or shtll submit an application for with.
withheld from pubile disclosure pursu-nancial information to be subject to from the NRC which contain informa-holding accompanied by an affidavit ant to this paragraph: (i) is a trade inspection: (i) Under a protective tion or records concerning a licensee's which:
(1) Identifies the document or part secret or confidential or privileged agreement, by contractor personnel or or appilcant's physical protection or sought to be withheld and the position commercial or finane*al information; government officials other than NRC material control and accounting pro-of the person making the affidavit, and (ii) if so, should be withheld from officials;(ii) by the presiding officer in gram for special nuclear material not a proceeding; and (111) under pro ~ective otherwise designated as Saftguards In-and public disclosure.
105 l
104
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f 2.000 15 CFR Ch. I O-1-89 Edition)
Nuclear E -
e--
n
_y g
formation or classified as National Se.
of Freedom of Information and Pubtl.
tion required by paragraph (c) of this (1) Either the terms or substance of curity Information or Restricted Data, cations Services on 301-492-7086 or section and is incomplete. the petition-the proposed rule. or a specification of (2) Information submitted in confi-Toll Pree on 800-368-5642.
er will be notified of that determina.
dence to the Commission by a foreign (c) Each petition filed under this see.
tion and the respects in which the pe-the subjects and issues involved; (2) The manner and time within source.
tion shall; titlen is deficient and will be accorded which interested members of the (e) The presiding officer, if any, or (1) Set forth a general solution to an opportunity to submit sdditional public may comment. and a statement the Commission may, with reference the problem or the substance or text data. Ordinarily this determination to the NRC records and documents of any proposed re gulation or amend-will be made within 30 days from the that copiesnt commenta may be exam-made available pursuant to this see-ment, or specify the rrgulation which date of receipt of the petition by the ined in the Public Document Room.
tion, issue orders coniistent with the is to be revoked or amended; Office of the Secretary of the Com-(3) The authority under which the l
provisions of this section and (2) State clearly and concisely the mission. If the petitioner does not regulation is proposed.
i 2.'J40(cL petitioner's grounds for and interest in submit additional data to correct the (4) The time, place. and nature of 141 fit 11810. Mar. 22.1976, as amended at the action requested; deficiency within 90 days from the the public hearing,if any'-
42 fit 12877. Mar. 7.1977; 52 Fil 49355. Dec.
(3) Include a statement in support of date of notification to the petittorrer (5) If a hearing is to be held desig.
31.1987; 53 fit 17688. May 18.19881 the petition which shall set forth the that the petition is incomplete. the pe-nation of the presiding officer and an specific issues involved, the petition.
tition may be returned to the petition-special directions for the conduct o Soliport H-Relemelring er's views or arguments with respect to er without prejudice to the right of the hearing:and those issues, relevant technical, scien.
the petitioner to file a new petition.
(6) Such explanatory statement as a 1800 % of rulemab.no tific or other data involved which is (g) The Director. Division of Free-nun sai n may conside appm-e This subpart govems the issuance-l E.mendment and repeal of regulations reasonably available to the petitioner, dom of Information and Publications and such other pertinent information Services. Office of Administration and P"
C""0"
" 8'I'IC* Of I
in which participation by interested as the petitioner deems necessary to l
persons is prescribed under section 553 Resources Management. will prepare n tice will be made not less than fif-support the action sought. In support on a quarterly basis a summary of pe-teen (15) days prior to the time fixed of Title 5 of the U.S. Code-of its petition, petitioner should note titions for rulemaking before the Com-M ng. If any, unless the Commis-l 135 Fil II459. July 17.1970) any specific cases of which petitioner mission, including the status of each si n fr a d cause stated in the is aware where the current rule is petition. A copy of the report will be n tice provides otherwise.
j 8 2.861 Initiation of rulemaking.
unduly burdensome, deficient. or available for public inspection and d) The notice and comment provi-Rulemaking may be initiated by the needs to be strengthened.
copying for a fee in the Commission's si ns contained in paragraphs (a). (b).
Commission at its own instance, on (d) The petitioner may request the Public Document Room. 2120 I2 Street. and (c) of this section will not be re-the recommendation of another Commission to suspend all or any part NW Washington, DC.
qu red to be applied-agency of the United States or on the of any lleensing proceeding to which (D To interpretative rules. general petition of any other interested the petitioner is a party pending dispo-dgi 613 p
487 u
- 9. 98I 52 person.
sition of the petition for rulemaking-21.1987; $3 fit 43419. Oct. 27.1988: 53 (e) If it is determined that the peti-52993. Dec. 30.19881 5 2.802 Petition for rulernaking.
tion includes the information required (2) When the Commission for good (c) Any interested person may peti-by paragraph (c) of this section and is 8 2.803 Determination of petition.
cause finds that notice and public tion the Commission to ique, amend complete. the Director. Division of nen are impacdca. unneces-or rescind any regulation. The petition Freedom of Information and Publica-No he n 11 be held on the peu-shotild be addressed to the Secretary, tions Services, or designee, will assign 11 "g"b enless the Commission deems it sary. or contrary to the public inter-g
. If the Commission deter-est. and are not required by statute.
U.S. Nuclear Regulatory Commission, a docket number to the petition, will g
This finding, and the reasons therefor.
D.C. 20555 Attention: cause the petition to be formally dock-(ggf ND " A R W k inew m a W into any mie Chirf. Docketing and Service Branch.
eted, and will deposit a copy of the iss w
maki nouce and con 9ent (b) A prospective petitioner is en-docketed petition in the Commission's
- "8*-
couraged to confer with the staff prior Public Document Room. Public com-the petition and will notify the peti-ti (e) The Commission shall provide to the filing of a petition for rulemak-ment may be requested by publication
'r with a simple statement of the for a 30< lay post.promulgetion com-ing. Questions regarding applicable of a notice of the docketing of the pe-ment period for-p n NRC regulations sought to be amend-tition in the FrpraAL RectsTra. Or, in ed. the procedures for filing a petition appropriate cases, may be invited for Notice of proposed rulemaking-(D Any mie adopted without notice i
8 2.864 and comment under the good cause for rulemaking. or requests for a meet-the first time upon publication in the (a) Except as provided by paragraph exception on paragraph (dM2) of this ing with the appropriate NRC staff to FEDERAL Recastra of a proposed rule (d) of this section, when the Commis-section where the basis is that notice discuss a petition should be addressed developed in response to the petition.
sion proposes to adopt. amend. or and comment is " impracticable" or to the Director. Division of Freedom Publication will be limited by the re.
repeal a regulation. It will cause to be " contrary to the public interest "
of Information and Publications Serv-quirements of section 181 of the published in the Frnemat. RectsTra a ices. Office of Administration and Re-Atomic Energy Act of 1954. as amend-notice of proposed rulemaking, unless (2) Any interpretative rule, or gener-sources Management.
U.S.
Nuclear ed. and may be limited by order of the all persons subject to the notice are al statement of policy adopted without notice and comment under paragraph Regulatory Commission. Washington. Commission.
named and either are personally (dM t) of this section. except for those DC 20555. Attention: Chief. Rules and (f) If it is determined by the Execu-served or otherwise have actual notice Procedures Branch. A prospective peti-tive Director for Operations that the in accordance with law.
cases for which the Commission finds t!oner may also telephone the Division petition does not include the informa-(b) The notice will include:
that such procedures would serve no public interest, or would be so burden-106 107 d
7 l
Nuclear Regvlotory Commisalen i%.5 l
is provided only at the protected area ment" do not take effect on May 25, I
boundary and the isolation zone. The 1977. Because a " physical search" does language of the regulation is clearly to not require "constuction and installa-the contrary. It regulres not less than tion of equipment", implementation of 0.2 footcandle for "all exterior areas such searches is required on May 25, within the protected ares." This regu.
1977. The regulation provides alterna-lation helps effectuate the monitoring tive: "the search function * *
- shall and observation requirements of 10 be conducted either by a physical CFR 73.55. For example, 10 CFR search or by use of equipment * * */
73.55(c H 4 ) states that "All exterior Thus when appropriate equipment is areas within the protected area shall in place, the search function need not be periodically checked to detect the involve a physical search.
presence of unauthorized persons, ve-(f) The paragraphs above set forth hicles, or materials." In the absence of interpretation of regulations; they do illumination, such checking could not not apply those regulations to particu-be fully effective.
lar factual settings. For example, no (c) The requester niso asks whether effort is made to state what l!ghting the illumination requirement extends system : Tight be used for a given facil-to the tops and sides of buildings ity; all that is stated is that a system within the protected area. To effectu-must provide not less than 0.2 footcan-ate the monitoring and observation re-die for all exterior areas within the quirements citeo above, illumination protected area. Similarly, no effort is must be maintained for the tops and made to define what is an adequate sides of all accessible structures within " physical search", all that is stated is the protected area. This interpretation that, in the absence of appropriate is consistent with that given by the equipment, such searches must begin Commission's staff to affected licens-on May 25,1977.
ees and applicants at a series of re-gional meetings held in March of 1977 142 FR 33265, June 30.19771 and will be reflected in forthcoming revisions to NUREO 0220 Draft Inter.
PART 9-PUSUC RECORDS im Acceptance Criteria for a Physical Security Plan for Nuclear Power sec.
Plants (March 1977).
9.1 scope and purpose.
(d) 10 CFR 73.55(d)(1) provides in 9.3 Definitions.
pertinent part: The search function N fn ormat o co' llection requirementa:
for detection of firearms, explosives, and incendiary devices shall be con-OMB approval, ducted either by a physical search or by use of equipment capable of detect-subpoet A-Freedoen of InfonnoHen Act ing such devices.
geget.nens (e) The requester contends that 9.11 scope of subpart.
until " equipment capable of detecting 9.13 Definitions, such devices" is in place, a licensee 9ljA sbtitty of ecords need not comply with the search re*
g y
quirement, but can utilize instead pre-disclosure' ton 9.19 Scaresat of exempt information vlous security programs This conten-tion la based on the first sentence of and detetton of Ldentifying detans.
9.21 Publicly avanable records.
10 CFR 73.55 which provides in perti-9.23 Requesta for records.
nent part that the requirements of 9.25 Initial disclosure determination.
paragraph (d) of that section shall be 9.27 Form and content of responses.
met by May 25,1977, "except for any 9.29 Appeal from initial determination.
requirement involving construction 9.31 Extension of time for response.
and installation of equipment not al-9.33 arch, review, and special service ad p
, y,xpresse 9.34 Assessment of interest and :lebt collec-p g
sentence only those requirements of 0.35 Duplication fees.
paragraph (d) which involve " con-9.37 Fees for search and revtew of agency struction and installation of equip.
records by NRC personnel.
191 l
l 1
_____.,___-_.__m.--_---
10 CFR Ch. I (1-1-89 5esten) 96a-Ru f E r Commise4en f 9.13 g9.1 152 FR 49356. Dec. 31.19871 9.10$ Commission procedures.
89.3 Definitione.
See.
9.39 Search and duplication provided with-9.106 Persons affected and motions for re-As used in this part-Sobpert A--Freedene of Infocuseelen ' *
" Commission" means the Commis-9.40 t of fees.
9 to
.--.ent of hm slon of five members or a Ottorum Act R g _. _
9.41 Requests for waiver or reduction of meetings.
thereof sitting as a body as provided fees.
9.108 Certification. transcripts. recordings by section 201 of the Energy Reorgani-Socnet 52 F7149356. Dec. 31.1987, unless 9.43 Processing of requests for a waiver or and minutes.
2UN M M N ohh noted m Report to h O.45 e
to Congress.
,, Government agency, means any executive department, military depart-S 9.11 Scope of subpart.
Sebywt D-PmewWen = thdeuwe in Re-l ment. Government coeporation. Gov-This subpart prescribes procedures up-e a-pelvery Ad SegeleHow
. pee.e se er n-a-ee ernment-controlled corporation, or for matting NRC agency records avail-9.50 Scope of subpart.
Ceares or Osher Aacher4Nes other establishment in the executive abge to the public for inspection and 991 Definitions.
branch of the Government (including e Mng pumant to the pmiskns of 9 200 Scope of subpart-Pnocrocats Arct.xcAB12 To Rrectsrs av In.
9.201 Production or disclosure prohibited the Executive Office of the President) ouvrocas.s rom twronunTton. Actrss om unless approved by appropriate NRC of-or any g=pe,~
t regulatory agency.
U.S.C. 552) and provides notice of pro-nurwnurwr or Rrromos Maxwrassro
- gegg, ng FM 9.202 Procedure in the event of a demand tory Comm on.
tabis b ie therwise publicly available.This sub-for production or disclosure" l
Energy Reorganization Act of 1974'ees, part does not affect the dissemination rarstwYarrow or meectsrs 203 Pmndum when esponse to demand "NRC wal" means employ or distribution of NRC-originated, or 9.52 Types of requests.
r o Mc g instme-0.53 Requests; how and where presented.
fs consultants, and members of advisory C co r
ini panels t
0.50 e Ication identity of individuals g
NRC public, technical, or other infor-935 Specification of records.
Mn M MM M adh
""II"" D'"I'"" "I 'D" IICI-9 56 Accompanying persons.
AUTuontTY: Sec. 161. 68 Stat. 948. as dicatory proceedings; and officers or see
- 1. 88 Stat woc reocrocars ron rnocusstwc meeersTs
{e h
employees of Government agencies in-8 9.13 Inefinitione.
"I
- 3""'
As used in this subpart:
9 60 Acknowledgement of requests.
Subpart A also issued tmder 5 UAC. 552; duty at the NRC.
" Agency record" is a record in the O.61 Procedures for processtng requests for 31 m. 9Mpub. I.99-57E
" Working days" mean Monday possession and control of the NRC remrds exempt in whole er in part.
through Friday, except legal holidays. that is associated with Government 042 Special procedures.
55 "-
Subpart C also issued under 5 U.S.C. 5525.
[52 FR 49355. Dec. 31.19871 business. Agency record does not in-orTrausnations Awn arrrats clude records such as-9 63 Access determinations; appeals.
99.5 IMh (1) Publicly available books, periodl-9 66 Determinations authorizing or deny-99.1 Scope and purpose.
Except as sonifically authorized by cals, or other publications that are ing correction of records; appeals.
(a) Subpart A implements the rovi-
"g no i owned or copyrighted by non-Federal anat' ion.
sions of the Freedom of Information ta tem o
- "##e*
9 N C ta e ts Act. 5 U.S.C. 552. concerning the avail-lations in this part by an officer or em-(2) Records solely in the possession 9.60 Notices of correction or dispute.
ability to the public of Nuclear Regu-pl yee the Commission other than and control of NRC contractors; orsctosent to ornras or armnos asour latory Commission records for inspec-a written interpretation by the Gener-(3) Personal records in possession of nwnivrocats g
1 Counse w e recognized as bind-NRC personnel that have not been cir-9 80 Disclosure of record to persons other (b) Subpart B implements the provi-ing up n t mmission.
culated, were not required to be cre-sted or retained by the NRC and can than the individual to shom it pertains.
sions of the Privacy Act of 1974. 5 152 PR 49356. Dec. 31,1987) 921 Notices of subpoenas.
US C. 552a. concerning disclosure and be retained or discarded at the au-9.82 Notices of emergency disclosures.
avaliablHty of certain Nuclear Regula-U8 I*" 4 ' "-- -- thor's sole discretion, or records of a I
tory Commission records maintained OMB approval.
personal nature that are not associat-rres on individuals.
(a) The NRC has submitted the in.
ed with any Government business; or 52 Pres' (c) Subpart C implements the provi.
formation collaction requirements con-(4) Non. substantive information in
'" "*C'"*"'
sions of the Government in the Sun.
tair.ed in this part to the Office of logs or schedule books of the Chair-shine Act. 5 U.S.C. 552b. concerning Management and Budget (OMB) for man or Commissioners, uncirculated O.90 Violations.
the opening of Commission meetings approval as required by the Paperwork except for typing or recording pur-to public observation.
Reduction Act of 1980 (44 U.S.C. 3501 poses.
0.95 Specifte exemptions.
(d) Subpart D describes procedures ei sec.). OMB has approved the infor-
"Commerical-use request, means a governing the production of agency mation collection requirements con-request made under I 9.23(b) for a use records, information, or testimony in tained in this part under control or purpose that furthers the commer-cial, trade, or profit interests of the re-response to subpoenas or demands of number MM3, courts or other judicial or quasi-judi-(b) The approved information collec-quester or the person on whose behalf 0.100 Scope of subpart.
l cial authorities in State and Federal tion requirements contained in this the request is made.
9.101 Definitions.
9.108 General requirement.
proceedings' part appear in il9.29. 9.41, 9.54. 9.55
" Direct costs" mean the expendi-tures that an agency incurs in search-O.103 General provtstons.
9 104 Closed meetings.
152 FR 49355. Dec. 31.19871 and 9.202.
193 192 hi
t I 9.15 O CFR Ch.1 (1-1-89 Edielen)
Modeer CC ^urO
-O-fW ins for and duplicating agency records. rent interest to the public. Examples governing requests for records are set wate institution which furnished infor-For a commercial-use request, direct of news media entities include televi.
forth in i 9.23.
mation on a confidential basis, and. In.
costs include the expenditures in-sion or radio stations broadcasting to the case of a record or information EU A8"*7 "d*" W I"" M'.C compiled ' by a criminal 14e enforce-volved in reviewing records to respond the public at large, and publishers of d M oo m to the request. Direct costs include the periodicals (but only in those in-ment authority in LM murse of a salary of the employee category per-stances when they can qualify as dis-(a) The following types of agency criminal investigauon. or by an agency forming the work based on that basic seminators of " news") who make their records are exempt from public disclo-conducting a lawful national security.
rLte of pay plus 16 percent of that rate products available for purchase or sub-i sure under E 9.15:
intelligence investigation, information to cover fringe benefits and the cost of scriptions by the general public.
(1) Records (1) which are specifically furnished by a confidential source; operating duplicating machinery.
-Review" means the process of ex-l authorized under criteria established (v) Would disclose techniques and
-Duplication" means the process of amining records identified as respon-by an Executive order to be kept procedures for law enforcement inves-m1 king a copy of a record necessary to sive to a commercial-use request to de.
secret in the interest of national de-Ligations or prosecutions, or would dis-respond to a request made under termine whether they are exempted fense or foreign policy, and (11) which close guidelines for law enforcement i 9.23. Copies may take the form of from disclosure in whole or in part.
are in fact property classified pursuant investigailons or prosecutions if such paper copy, microform, audio visual Also review includes examining to such Executive order; disclos could bl be expect-mtterials, disk. magnetic tape, or ma-records to determine which Freedom (2) Records related solely to the in-reumv o he a w chine readable documentation, among of Information Act exemptions are ap.
ternal personnel rules and practices of others.
plicable. Identifying records or por-the agency;
" Educational institution" means an tions thereof to be disclosed, and ex-(3) Records specifically exempted endanger the life or physical safety of institution which operates a program ctsing from the records those portions from disclosure by statute (other any individual; or programs of scholarly research-which are to be withheld.
than 5 U.S.C. 552b). provided that (8) Matters contained in or related such statute-to examination, operating, or condi-Educational institution refers to a pre-
" Search" means all time spent look-school, a public or private elementary ing for records, either by manual (i) Requires that the matters be tion reports prepared by, on behalf of.
withheld from the public in such a or for the use of any agency responsi-or secondary school, an institution of search or search using existing com-e graduate higher education, an institu-puter programs, that respond to a re-manner as to leave no discretion on ble for the regulation or supervision of tion of undergraduate higher educa-quest including a page-by-page or line-the issue, or financial institutions; or tion, an institution of professional by-line identification of responsive in-(11) Establishes particular criteria for (9) Geological and geophysical infor-educction, or an institution of voca-formation within the records.
withholding or refers to particular mation and data, including maps, con-tiorni education-types of matters to be withheld; cerning wells.
" Unusual circumstances" mean-
" Noncommercial scientific institu-secrets and commeMal w (1) The need to search for and col-(b) Nothing in this subpart author-tion" means an institution that is not nanc a n nnad n btalmd from a tzes withholding of information or lim-lect the requested records from field f'
oper:.ted on a commercial basis, as the facilities or other establishments that iting the availability of records to the term " commercial" is referred to in are separate from the office processing public except as specifically provided the definition of " commercial-use re-orandums or letters which would not the reqwst; quest." and is operated solely for the be available by law to a party other in this part, nor is this subpart author-(2) The need to search for, collect, than an age 7ey in litigation with the ity to withhold information from Con-purpose of conducting scientific re-search, the results of which are not in_
and appropriately examine a volumi-gress.
agency; nous amount of separate and distinct (6) Personnel and medical files and (c) Whenever a request is made tended to promote any particular records which are demanded in a product or industry.
similar files, the disclosure of which which involves access to agency
" Office" unless otherwise indicated, singk request; w would constitute a clearly unwarrant-records described in paragraph tax 7) merns all offices, boards, panels, and (3) The need for consultation, which j
ed invasion of personal privacy; of this section. the NRC may. during adTisory committees of the NRC.
will be conducted with all practicable (7) Records or information compiled only such time as that circumstance
" Record" means any book, paper, speed, with another agency having a for law enforcement purposes, but continues. treat the records as not sub-substantial interest in the dete tnina-only to the extent that the produc-ject to the requirements of this suth mtp, photograph. brochure, punch cr.rd magnetic tape, paper tape, sound Lion of the request or among two or tion of such law enforcement records part when-T recording, pamphlet, slide, motion pic_
more components of the NRC having i
or information-(1) The investigation or proceeding substantial subject-matter interest l
(i) Could reasonably be expected to involves a possible violation of criml-ture, or other documentary material reg 2rdless of form or characteristics. therefn-interfe'e with enforcement proceed-nal law; and g
Record does not include an object or I 8; (2) There is reason to believe that-9 9.15 Availability of tweeds.
(11) Would deprive a person of a article such as a structure, furniture, a (1) The subject of the investigation tangible exhibit or model, a vehicle, or The NRC will make available for right to a fair trial or an impartial ad-or proceeding is not aware of its pend-piece of equipment.
public inspection and copying any res-Judication; ency; and
" Representative of the news media" sonably described agency record in the (111) Could reasonably by expected to means any person actively gathering possession and control of the NRC constitute an unwarranted invasion of (ii) Disclosure of the existence of the news for ad entity that is organized under the provisions of this subpart.
personal privacy; records could reasonably be expected ind operated to publish or broadcast and upon request by any person.
(iv) Could reasonably be expected to to interfere with enforcement proceed-news to the public. The term news" Records that the NRC routinely disclose the identity of a confidential ings.
means information that is about cur-makes publicly available are described source, including a State, local, or for-rent events or that would be of cur-in i 9.21. Procedures and conditions i
eign agency or authority, or any pri-i 194 195
'Y
$ O.12 10 CFR Ch.1 (1-1-89 Nition)
Nocieer R Viy Ceaunieelen g C.23 8 9.19 Segregation of esempt information 145 a.m. and 4:15 p.m. on Monday (ii) In order to obtain copies of quest and ask the requester to submit -
and deletion of identifying details.
through Friday, except legal holidays.
records expeditiously, a person may additional Information regarding the (a) For records required to be made (c) The following records of NRC ac-open an account at the Public Docu-request or meet with appropriate NRC cvallable under 5 U.S.C. 552(ax2), the tivities are publicly available at the ment Room with the private contract-personnel in order to clarify the re-NRC shall delete the name with any NRC Public Document Room for ing firm that is responsible for dupll-quest.
Identifying details, if the release of public inspection and copying-cating NRC records.
(3) Upon receipt of a request made -
the name or other identifying details (1) Final opinions including concur.
(2) A person may also order records under paragraph (b) of this section, of, or relating to, a private party will ring and dissenting opinions as well as routinely made available by the NRC the NRC shall provide written notifi-constitute a clearly unwarranted inva-orders of the NRC issued as a result of under i 9.21 from the National Tech-cation to the requester that indicates alon of personal privacy. The NRC adjudication of cases; nical Information Service. 5285 Port the request has been received. the sheIl provide notification that names (2) Statements of policy and inter-Royal Road. Springfield. Virginia, name of the individual and telephone of parties and certain other identify-pretations which have been adopted 22161.
number to contact to find out the ing details have been removed in order by the NRC and have not been pub-(b) A t=erson may request agency status of the request, and other perti-to prevent a clearly unwarranted inva-lished in the Frormat.RamsTra; records by submitting a request au-nent matters regarding the processing sion of the personal privacy of the in-(3) Nuclear Regulatory Commission thorized by 5 U.S.C. 552(ax3) to the of the request.
Director. Division of Freedom of In-(4) (i) The NRC shall advise a re-dividuals involved-rules and regulsth i
(b) In responding to a request for in-
- ' " **d (4) Nuclear R'8"lato'I Commissio" formation submitted under 19.23. in Office of Administration and Re-(A) A request involves anticipated
"""*I""
"8 N
which it has been determined to with-sources Management.
U.S.
Nuclear costs in excess of the minimum spect-sonnel that affect any member of the hold exempt information, the NRC Regulatory Commission. Washington. fled in I 9.39; and pub M shsli segregate-DC 20555. The request must be in (B) Search and duplication is not (5) Records made available for (1) Information that is exempt from writing and clearly state on the enve-provided without charge under 19.39; public disclosure under i 9.17(a) from public inspection and copying under lope and in the letter that it is a or nonexempt information; and this chapter and the NRC Manual.
" Freedom of Information Act re-(C) The requester does not specifl-(2) Factual information from advice. (NRC Bulletin 3203-15 describes the quest ** 'Ihe NRC does not consider a cally state that the cost involved is ac-opinions and recommendations in pre.
- NRC Policy for Routinely MLking request as received until it has been ceptable or acceptable up to a speci-decisional records unless the informa. NRC Records Publicly Available**);
received and logged in by the Director, fled Ilmit.
tion is inextricably intertwined, or is (6) Current indexes to records made Division of Freedom of Information (ii) The NRC has discretion to dis-contained in drafts legal work prod. available under 5 U.S.C. 552(ax2) and and Publications Services. Office of continue processing for records re-ucts, and records covered by the that are made publicly available are Administration and Resources Man.
sponsive to a request made under this Inryer-client privilege. or is otherwise listed in NUREG-0550. " Title of List agement.
paragraph (b) until-exempt frem disclosure.
of Documents Made Publicly Avail-(1) A Freedom of Information re-( A) A required advance payment has able." which is published monthly.
quest covers only agency records that been received; 8 9.21 Publicly available reamle.
(d) Records made publicly available are in existence on the date the Direc-(B)The requester has agreed to bear (a) Publicly available records of under paragraphs (ex1). (2) and (5) of tor. Division of Freedom of Informa-the estimated costs; NRC activities described in paragraphs this section are also available for pur-tion and Publications Services, re-(C) A determination has been made (c) and (d) of this section are available chase through the National Teebnical ceives the request. A request does not on a request for waiver or reduction of through the National Technical Infor-Information Service.
cover agency records destroyed or dis-fees; or mr. tion Service. Subscriptions to these carded before receipt of a request or (D) The requester meets the require-records are available on 48x micro- ((
3f
- [ **
which are created after the date of the ments of I 9.39.
fiche and may be ordered from the Na.
request.
(c) If a requested agency record that tional Technical Information Service-8 9.23 Regocots for records.
(2) All Freedom of Information Act has been reasonably described is locat-5285 Port Royal Road. Springfield. VA requests for copies of agency records ed at a place other than the NRC 22161. Single copies of NRC publica.
(aHI) A person may request access must reasonably describe the agency Public Document Room o(NRC head-tions in the NUREG series. NRC Reg.
to records routinely made available bF records sought in sufficient detail to quarters, the NRC may, at its discre-uhtory Guides, and Standard Review the NRC under i 9.21 in person or in permit the NRC to identify the re-tion make the record available for in-Plans are also arallable from the Na.
writing at the NRC Pubile Document quested agency records. Where possi-spection and copying at the other loca-tional Technical Information Service.
Room. 2120 L Street. NW., Washing-ble. the requester should provide spe-tion.
(b) For the convenience of persons ton. DC 20555.
cific information regarding dates.
(d) Except as provided in i 9.39-who may wish to inspect without (1) Each record requested must be titles, docket numbers. file designa-(1) If the record requested under chstge or purchase copies of a record described in sufficient detail to enable tions, md other information which paragraph (b) of trhis section is a or a limited category of records for a the Public Document Room to locate may help identify the agency records. record available through the National fee. publicly available records of the the record. If the description of the If a requested agency record is not de-Technical Information Service. the NRC's activities described in para-record is not sufficient to allow the scribed in sufficient detail to permit NRC shall refer the requester to the grcph (c) 6f this section are also made Public Document Room staff to identi-its identification, the Director. Divi.
National Technical Information Serv-ave.ilable at the NRC Public Document fy the record, the Public Document sion of Freedom of Information and ice:and Room. The NRC Public Document Room shall advise the requester to Publications Services, shall inform the (2) If the requested record has been Room is located at 2120 L Street. NW.,
select the record from the indexes requester of the deficiency within 10 placed in the NRC Public Document Washington. DC. and is open between published under i 9.21(cH6).
working days after receipt of the re-Room under i 9.21. the NRC may 196 197
T w
g 9.25 O CHt Ch. I (1-1-89 EdNien) penleer agn, e inform the requester that the record is mination whether the agency records (f) In exceptional circumstances (3) Th in the PDR. and that the record may should be denied in whole or in part-where it does not appear possible to be obtained in accordance with the If the Director. Division of Freedom of complete action on a request within procedures set forth in paragraph (si Information and Publications Services.
the maximum 20 working-day limit as te ff
- "'"I of this section.
determines that the agency records provided in i 9.31. the Director. Divi-(e) The Director. Division of Free-sought are exempt from disclosure and sion of Freedom of Information and A statement stating why the re-dom of Information and Publications disclosure of the records is contrary to Publications Services, may seek an mee 2e muirements Servlees shall promptly forward a the public interest and will adversely agreement with the requester for a I
e muest is for a walver Freedom of Information Act request affect the rights of any person. the DI-specified extension of time in which to M
on M and made under l 9.23(b) for an agency rector. Division of Freedom of Infor-act upon the request. The NRC shall record which is not publicly available mation and Publications Services.
confirm the agreement for an exten-(5) A statement that the denial may in the NRC Public Document Room shall notify the requester of the deter-sion of time in writing.
be appealed within 30 days from the receipt f the dental to the Executive under i 9.21 to the head of the office mination in the manner provided in (g) If the NRC does not respond to a Director for Operations or to the Sec-primarily concerned with the records 5 9.27-request within the 10-working-day requested and to the General Counsel.
(c) For agency records located in the period. or within the extended periods retary of the Commission, as appropri-ate.
as appropriate. The responsible office office of a Commissioner or in the described in paragraph (e) of this sec-will conduct a search for the agency Office of the Secretary of the Com-tion, the requester may treat that (c) The Directw. Division of Free-records responsive to the request and mission, the Assistant Secretary of the i
delay as a denial of the request and dom M Information and Publications compile those agency records to be re-Commission shall make the initial de-immediately appeal to the Executive Services, shall maintain a copy of each viewed for initial dhelosure determina-termination to deny agency records in D rector for Operations as provided in letter granting or denying requested tion under il 9.25 and 9.27.
whole or in part under i 9.17(a) in-I 9.29(a) or sue in a district court as agency records or denying a request stead of the Director. Division of Free-noted in i 9.29(c).
for waiver or reduction of fees in ac-152 Fil 49356. Dec. 31.1987, as amended at 53 FIl 43420. Oct. 27.1988. 53 fit 52993, dom of Information and Publications I
cordance with the NRC Comprehen-Dec. 30.19881 Services. Por agency records located in 152 Fft 49358 Dec. 31.1987, as amended at sive Records Disposition Schedule-53 Fit 52993. Dec. 30.1988) the Office of the General Counsel the g915 Initial discleenre determination.
General Counsel shall make the initial (52 Fft 49358. Dac. 31.1987 as amended at (a) The head of the responsible determination to deny agency records Fenn and content of mynn.co.
53 fit 52993. Dec. 30. segel office shall review agency records 10-in whole or in part instead of the Dl-(a) When the NRC has located a re-g
^
I*"
l cated in a search under i 9.23(b) to de-rector. Division of Freedom of Infor-quested agency record and has deter-termine whether the agency records mation and Publications Services. If mined to disclose the agency record.
(a) A requester may appeal a notice tre exempt from disclosure under the Assistant Secretary of the Com-the Director. Division of Freedom g of denial of a Fre-dom of Information 5 9.17(at If the head of the office de-mission or the General Counsel deter-Information and Publications Services. Act request for agency records or a re-termines that, although exempt. the mines that the agency records sought shall promptly furnish the agency quest for waiver or reduction M fees disclosure of the agency records will are exempt from disclosure and that record or notify the requester where under this subpart within 30 days of not be contrary to the public interest their disclosure is contrary to the and when the agency record will be the date of the NRC's denial. Por and will not affect the rights of any public interest and will adversely available for inspection and copying. agency records denied by an Office Di-person, the head of the office may au-affect the rights of any person, the As-The NRC will normally place copies of rector reporting to the Executive DI-i thorize disclosure of the agency sistant Secretary of the Commission agency records disclosed in response to rector for Operations or for a denial of records. If the head of the office au-or the General Counsel shall furnish Freedom of Information Act requests a request for a waiver or reduction of in the NRC Pubtle Document Room fees, the appeal must be in writing and thorizes disclosure of the agency that determination to the Director. Di-records, the head of the office shall vision of Freedom of Information and and. for agency records relating to a addressed to the Executive Director furnish the agency records to the Di-Publications Services, who shall notify specific nuclear power facility. in the for Operations. UE. Nuclear Regula-rector. Division of Freedom of Infor-the requester of the determination in Local Public Document Room estab-tory Commission. WeatQnsters DC mition and Publications Services, who the manner provided in i 9.27.
lished for that facility. The NRC shall 20555. Por agency records denied b i
sh*ll notify the requester of the deter.
(d) If a requested record that is Io.
also advise the requester of any appli-an Office Director reporting to (
mination in the manner provided in cated is one of another Gmmat cable fees under i 9.35.
Commission. the Assistant Secretary g 917.
agency or deals with subject matter (b) When the NRC denies access to a of the Commission. or by the Advisory (b) Except as provided in paragraph over which an agency other than the requested agency record or denies a re-Committee Management Officer, the (c) of this section. if, as a result of the NRC has exclusive or primary respon-quest for a waiver or reduction of fees. appeal must be in writing and ad review specified in paragraph (a) of sibility, the NRC shall promptly refer the Director. Division of Freedom of dressed to the Secretary of the C this section, the head of the responsi-the record to that Government agency information and Publications Services, mission. The appeal should clear ble office finds that agency records for disposition or for guidance regard-shall notify the requester in writing. state on the envelope and in the lette i
l should tgdenied in whole or in part.
Ing disposition.
The denial includes as appropriate-that it is an "A I f the head of the office will submit that (e) The 10-working day period for re-(1)The reason for the dental; FDIA Decision" The NRC l
finding to the Director. Division of sponse to a request for agency records (2) A reference to the specific ex-consider an appeal that is not marked Freedom of Information and Publica-provided in paragraphs ta). (b) and (c) emption under the Freedom of Infor-as indicated in this l
tions Services, who will, in consulta-of this section may be extended for mation Act and the Commission's res-ceived until it is act v
tion with the Office of the General unusual circumstances as provided in uhtions authorizing the withholding the Executive Director i Opera Counsel. make an independent deter-i 9.31.
of the agency record or portions of it; or Secretary of the Commission.
198 199 t
l T
~
e 10 CFR Ch.1 (1-1-89 Edihen)
Modoor Ediy Commission
. g C.37 p
(b) The NRC shall make determina-exceed a combined total of 10 working P935 Depticaties fees.
amends this section to reflect the new l
tion on any appeal made under this days per request.
(ax D Charges for the dupIlestion of charges. The Commission shall post.
section within 20 working days after records made available under 19.21 at the charras that will be in effect for I
the receipt of the appeal, 9933 Semh. rnim and special service the NRC Public Document Room.
the interim period in the Public Docu-(c)(1) If the appeal of the denial of feen-2120 I, Street. NW., Washington. DC ment Room. De Commissiort shall l
l the request for agency records is (a) The NRC charges fees for-20555 by the duplicating service con. complete the rulemaking necessary to tractor are as follows-reflect the new charges within 15 j
upheld in whole or in part the Execu-(D Search duplication, and review.
(1) Six cents per page for paper mpy working days from the beginning of l
tive Director for Operations or the en agency records are requested for w
Secretary of the Commission shall to paper copy, except for engineering the interim period.
e merdal use.
drawings and any other records larger (b) The NRC shall assess the follow-t notify the requester of the denial, of agency ncords than 17 x 11 inches for which the ing charges for copies of records to be 8DCC D " "
DMvided in excess of 100 pages when charges vary as follows depending on dupilcated by the NRC at locations (1) The exemptions relied upon; (iD An explanation of how the ex.
agency neo gg7 the reproduction process that is used; other than the NRC Public Ds -^
emption applies to the agency records mercia and e req m
(A) Xerographic process-$1.50 per Room located in Washington. DC t
withheld; and an square foot for large documents or en-local Public Ducument Rooms-(111) The reasons for asserting the ex-entific institution, or a representative gineering drawings trandom she up to g, %, g g, g gg emption.
of the news media; 24 inches in width and with variable m
Mp machhp per i
(2) If. on appeal. the denial of a re-(3) Search and duplication of agency length) reduced or full size; quest for waiver or reduction of fees records in excess of 100 pages for any (B) Photographic process-87.00 per (2 The charge for duplicating for locating and reproducing agency request not desaribed in paragraphs square foot for large documents or en-
"C'"I8 other than those specified in records is upheld in whole or in part*
(a)(D and (2) of this sectian; gineering drawings (random size ex-P"' * *_ m (a) and M is computed on the Executive Director for Operations (4) The direct costs of searching for ceeding 24 inches in width up to a th basis of Ns dimet costa.
maximum size of 42 inches in length) shall notify the person making the re-agency records. The NRC will assess (c) In compliance with the PW9eral quest of his decision to sustain the fee even when no agency records are full size only.
(11) Six cents per page for microform Advisory Committee Act. a requester denial, including a statement explain-located as a result of the search or may purchase copies of t.
~iv. of e
ing why the request does not meet the w en agency ncords that are located to paper copy. except for engineering drawings and any other records larger testimony in NRC Advisory Commit-requirements of i 9.41.
as a resuIt of the scareh are not dis, (3) The Executive Director for Oper.
than 17 x 11 inches for which the tee proceedings, which are transcrfbed Ltions or Secretary of the Commission closed; and charge is $1.25 per square foot or $3.00 by a reporting firm under contract shall inform the requester that the (5) Computer scarches which include for a reduced-stre print (18 x 24 with the NRC directly frem the re-dental is a final agency action and that the cost of operating the Central Proc-inches).
porting firm at the cost of wyA-Judicial review is available in a district essing Unit for that portion of operat-(iii) One dollar per microfiche to tion as provided for in the contract court of the United States in the dis-ing time that is directly attributable to microfiche.
with the reporting firm. A requester trict in which the requester resides or searching for agency records plus the (iv) One dollar per aperture card to may also purchase tr Myis from has a principal place of business, in operator / programmer salary appor-aperture card.
the NRC at the cost of.<y.Jution as which the agency records are situated. tionable to the search.
(2) Self-service. coln-operated. dupli. set out in paragraphs (a) and (b) of 4
or in the District of Columbia.
(b) The NRC may charge requesters cating machines are ava!Imble at the this section.
(d) The Executive Director for Oper. who request the following services for PDR for the use of the pubile. Paper (d) Copyrighted material may not be Etions or Secretary of the Commission the direct costs of the service:
to paper is $0.10 per page. Microform regneduced in violation of the copy-shall furnish copies of all appeals and (1) Certifying that records are true to paper is $0.10 per page on the right laws.
reader printers.
(e) Charges for the duplication of written determinations on appeals to copies; or the Director. Division of Preedom of (2) Sending records by special meth.
(3) A requester may submit mail-NRC records located in NRC Local order requests for contractor duplica-Public Document Rooms are those Information and Publications Services.
ods. such as express mail, package de-tion of NRC records made by writing costs that the institutlermynalntaining 152 Pf149356. Dec. 31.1981, as amended at livery service. etc.
to the NRC Public Document Room. the NRC Local Public Document 52993. Dec. 30.198S1 g 3.3a Aseeenement of interest and debt col-The charges for mail-order duplication Room collections establish.
of records are the same as those set 8 9.31 Exteneien of time for response.
pg out in paragraph (a)(1) of this section. 152 FR 49356. Dec. 31.1987, as amended at (c) In unusual circumstances defined (a) The NRC shall assess interest on plus malling or shipping charges.
53 m 43m wt. 27.19 eel in i 913 the NRC may extend the I*
I*'
""E "*
'I i
b not m an 10 orkin 3 tday o owin e
n wh h with h u i ice co W
the billing was sent in accordance with tor. A requester may obtain the name days. The extension may be made by NRC's regulations set out in i 15.37 of and address and billing polley of the The NRC shall charge the following written notice to the person making the request to explain the reasons for this chapter. Interest is at the rate contractor from the NRC Public Docu.
hourly rates for search and review of the extension and indicate the date on prescribed in 21 U.S.C. 3717.
ment Room.
agency records by NRC personnel; which a determination is expected to (b) The NRC will use its debt collec-(5) Any change in the costs specified (a) Clerical search. review. and dupli-be dispatched.
tion procedures under Part 15 of this in this section will become effective cation at a calary rate that is equiva-(b) An extension of the time limits chapter for any overdue fees.
Immediately pending completion of lent to a GG-7. Step 5 plus 16 percent the Commission's rulemaking that fringe benefits; prescribed in il 9.25 and 9.29 may not 200 201
n.
7
- f 1
' ~ ' ' e J
o-mm IO EN)
Nedeer 0 _ 1, h a g g 9,gg
{ 9.39 (b) Professional / managerial search, search required and estimated cost of (b) A person requesting the NRC to (3) If disclosure of the requested in review, and duplication at a salary rate duplicating fees.
waive or reduce search, review or du-formation is likely to contribute to that is equivalent to a GG-13. Step 5 (c) The NRC will encourage request-plication fees shall-bl plus 16 percent fringe benefits; and ers to discuss with the NRC the possi-(1) Describe the purpose for which m e is e
o conth (c) Senior executive or Commission-bility of narrowing the scope uf the re' the requester intends to use the re-ute s!gnificantly to public understand-er search, review, and duplication at a quest with the goal of reducing the quested information; Government operations or ac-salary rate that is equivalent to an cost while retaining the requester's (2) Explain the extent to which the es ES-3 ph's 16 percent fringe benefits.
Original objective.
requester will extract and analyze the (5) If and the extent to which. the (d) If the fee is determined to be in substantive content of the agency 8 9.39 Search and displication pro nted excess of $250. the NRC shall require record; requester has a commercial Interest widiout charge-an advance payment.
(3) Describe the nature of the specif-that would be furthered by the disclo-(a) The NRC shall search for agency (e) Unless a requester has agreed to le activity or research in which the sure of the requested agency records; and records requested under 9 9.23(b).
pay the estimated fees or, as provided agency records will be used and the without charges when agency records for in paragraph (d) of this section, specific qualifications the requester (6) If the magnitude of the Identi-are not sought for commercial use and the requester has paid an estimated possesses to utilize information for the fled commercial interest of the re-the records are requested by an educa-fee in excess of $250. the NRC may intended use in such a way that it will quester is sufficiently large in com-tional or noncommercial scientific in-not begin to process the request.
contribute to public understanding; parison with the public interest in dis-stitution, or a representative of the (f) If the NRC receives a new re.
(4) Describe the likely impact on the closure. that disclosure is primarily in news media quest and determines that the request.
public's understanding of the subject the commercial interest of the re-(b) The NRC shall search for agency er has failed to pay a fee charged as compared to the level of under-quester.
records requested under i 9.23(b) with-within 30 days of receipt of the bill on standing of the subject existing prior (e) If the written request for a to disclosure:
waiver or reduction of fees does not out charges for the first two hours of a previous request, the NRC may not (5) Describe the size and nature of meet the requirements of this section.
search for any request not sought for accept the new request for processing commercial use and not covered in until payment of the full amount the public to whose understanding a the NRC will inform the requester paragraph (al of this section.
owed on the prior request, plus any contribution will be made; that the request for waiver or reduc-(6) Describe the intended means of (c) The NRC shall duplicate agency applicable interest assessed as provid.
Hon bf fees is being derated and set dissemination to the general pubile; forth the appeal rights under i 9.29 to records requested under i 9.23(b) with-ed in i 9.34, is made.
(7) Indicate if public access to infor-the requester-out charge for the first 100 pages of (g) Within 10 working days of the re.
mation will be prosided free of charge standard paper copies, or equivalent ceipt of NRC's notice that fees will be pages in microfiche, computer, disks. sssessed the requester shall provide or provided for an access fee or publi. 152 FR 49356. Dec. 31.1987, as amended at cation fee; and 53 FR 52993. Dec. 30.19881 etc., if the requester is not a commer-advance payment if required. notify (8) Describe any commercial or pri-cial.use requester.
the NRC in writing that the requester Vate interest the requester or any W3 I'm"*das af e"teeds for a..her (d) The NRC may not bill any re-agrees to bear the estimated costs. or other party has in the agency records or ndochen of fcee.
quester for fees if the cost of collect-submit a request for a waiver or reduc.
sought.
Ing the fee would be equal to or great-tion of fees pursuant to 1 E41.
(a) Within 10 working days after re-(c) The NRC will waive or reduce ceipt of a request for access to ageuey er than the fee itself.
(e)The NRC may aggregate requests e9M Regoests for waim or ndocuen of
. without further specific informa-records for which the NRC agrees to gmm mester H. imm infor-waive fees under I 9.39(a) through (d) fee 8-in determining search and duplication
""g h
wst or 19.41(c). the NRC shall respond to to be provided without charge as pro-(a)(1) The NRC shall collect fees for r
'" I vided in paragraphs (a) and (b) of this searching for, reviewing, and dup!Icat-can determine that disclosure of the n ma ng a mqwst fw a waiver section, if the NRC finds a requester ing agency records, except as provided information in the agency records is in r reduction of fees, a req ter shall has filed multiple requests for only in i 9.39. unless a requester submits a the public interest because it is likely pmvide the information r utred by portions of an agency record or similar request in writing for a waiver or m-to contribute significantly to public 5 9.41(bl.
agency records for the purpose of duction of fees. To assure that there understanding of the operations or ac-avoiding charges-will be no delay in the processing of tivities of the Government and is not (c) After receipt of a request for the Freedom of Information Act requests, primarily in the mmmercial interest walver or reduction of fees made in ac-9 9.40 Aeaceament of fece.
the request for a waiver or reduction of the requester.
cordance with I 9.41, the NRC shall (a) If the request is expected to re-of fees should be included in the ini-(d) In making a determination re.
either waive or reduce the fees and quire the NRC to assess fees in excess tial Freedom of Information Act re-garding a request for a waiver or re.
notify the requester of the NRC's of $25 for search and/or duplication, quest letter.
duction of fees, the ARC shall consid-intent to promptly provide the agency the NRC shall notify the requester (2) Each request for a waiver or re-er the following factors:
records or deny the request and pro-that fees will be assessed unless the re-duction of fees must be addressed to (1) How the subject of the requested vide a statement to the requester ex-quester had indicated in advance his or the Director. Division of Freedom of agency records concerns the oper-plaining why the request does not her willingness to pay fees as high as Information and Publications Services, ations or activities of the Government; meet the requirements of I 9.41(b).
estimated.
Office of Administration and Re-(2) How the disclosure of the infor-(d) As provided in I 9.29. a requester (b) In the notification the NRC sources IWlanagement.
U.S.
Nuclear mation is likely to contribute to an un-may appeal a denial of a request to shall include the estimated cost of Regulatory Commission. Washington.
derstanding of Government operations waive or reduce fees within 30 days to search fees and the nature of the DC 20555.
or activities; the Executive Director for Operations.
202 203
u j 9.45 13 CRt Ch. I (1-1-09 Edition) gang, g - g_
c
$ 9 45 Aansai report to Congrees.
existence of, seek access to and re-ggy Routine use" means, with re-Administratl (s) On or before March 1 of each cal. quest correction of NRC records con-spect to the disclosure of a record. the asement. UE.
uelear endar year, the Chairman of the NRC cerning themselves, and (b) the re-use of such record for a purpose which Commission. Washington. D will submit a report covering the pre-quirements applicable to NRC person-is mmpatible with the purpose for Requests relating to records i Iti ceding calendar year to the Speaker of nel with respect to the use and dis-which !! 7 ras coIIected. as described in ple systems of rnrds should made the House of Representatives and semination of such records. The regu-a notice published in the FEDERAt. Rec-to the Director Office of Administra~
President of the Senate for referral to lations in this subpart apply to all astra.
tion and Resou'ces M r
the appropriate committees of the records which are retrievable from a Nuclea R
C6ngress. The report includas-system of records under the control of Pnoctornes Aers.rCAn!.E To REQUESTS Washi
~
(1) The number of determinations the Nuclear Regulatory Commission air INnsvtDUAt.s rom IsronwaTro"-
~
or his s made by the NRC to deny requests for by the use of an individual's name or Access on AutNowrNT or Reconos records made to the NRC under this of an identifying number, symbol, or MAmTamen AnouTTutw tor in ide preebely and I
w part and the reasons for each determi-other identifying particular assigned Intion; to such individual. Except where spe-PREstNTATIoM or atectsrs forwarding the request to the appro-priate system manage-l t2) The number of appeals made by cifically provided otherwise, this sub-3 9.52 Types of reguests.
(b) All written requests shall be i
persons under i 9.29. the results of the part applies to all NRC records main-i appeils, and the reason for the action tuned on Individuals whether they (a) Individuals may make the follow. made to the Director. Office of Admin-Ing requests respecting records about gon and Resources Management, taken on each appeal that results in a predate or postdate September 27*
t denial of information; 197$-
themselves maintained by NRC in a S. Nuclear Regulatory Commission.
(3) The names and titles or positions system of records subject to the provi.
Washington. D.C 20555. and should of each person responsible for the g 9.51 Definitions.
sfons of the Privacy Act of 1974:
clearly state on the envelope and in deni?] of records requested under this (1) Request a determination whether theletter.as appropriate:" Privacy Act section, and the number of instances As used in this subpart:
a record about the individual is con-Request.
Privacy Act Disclosure Ac-(a) " Individual" means a citizen of tained in a system of records.
counting Request." " Privacy Act Cor-of participation for each; recti n equest.** A request that is not (4) The results of each proceeding the United States or an allen lawfully (2) Request access to a record about et,nducted pursuant to 5 U.S.C.
admitted for permanent residence.
the individual Access requests may in-so marked will be deemed not to have 552(cx4MP). including a report of the (b) The term " maintain" includes clude requests to review the record been received by the NRC until it is I
disciplinary action taken against the maintain, collect, use or disseminate.
and to have a copy made of all or any actually received by the Director, officer or employee who was primarily (c) " Record" means any item. collec-portion thereof in a form comprehen-Office of Administration and Re-responsible for improperly w*thhold-tion or grouping of information about sible to the individual sources Management, ing records, or an explanation of why an individual that is maintained t=y (3) Request correction or amend-(c) Requests may be made in person aisciplinary action was not taken; the NRC. including, but not limited to.
ment of a record about the individual. during official hours at the UE. Nucle.
ar Regulatory Commission office (5) A copy of every rule the NRC his education, financial transactions.
(b) Requesis for accounfing of disclo-published affecting this part; medical history, employment history sures. Individuals may, at any time, re-where the record is located, as listed in C) A copy of the fee schedule and or criminal history and that conta!ns quest an accounting by NRC of disclo. the " Notice of System of Records" for the total amount of fees collected by the individual's name, or the identify.
sures to any other person or Govern-the system in which the record is con-tained the NRC for making records available ing number, symbol or other identify.
ment agency of any record about under this part; and ing particular assigned to the individ.
themselves contained in a system of too m 444s4. Sept. 26.1975 as amended at (7) Any other information that indi-ual. such as a finger or voice print or a records controlled by NRC except the 41 m 20s45. maar 20. Is7s. 52 m steos,
't cates efforts to administer fully the photograph.
following- (1) Disclosures made pursu-Aos. 21.19871 provisions of 5 U.S.C. 552.
(d) " System manager" means the ant to the Freedom of Information (b) The NRC shall make a copy of NRC official responsible for maintain-Act. 5 UE.C. 552; (2) disclosures made 5 9.54 Wrineselon at identity or gods,id.
each report submitted to the Congress ing a system of records.
within the Nuclear Regulatory Com.
mais making requemen.
under paragraph (a) of this section m
n.
osures made to an-(a) Identification requirenwnts in (e) " Systems of records" means a avallsble for public inspection and ther Government agency or instru-paragraphs (a) (1) and (2) of this sec-group of records under the control of copying in the NRC Public Document mentality for an authorized law en-tion are applicable to any individual the NRC from which information is Room.
nt activity pursuant to 5 who makes requests respecting records retrieved by the name of an individual U.. '552a(bM7); (4) disclosures ex-about himself. except that no verifica-or by an identifying number, symbol.
fressly exempted by NRC regulations tion of identity shall be required if the Sobpert B--Privacy Act ROL..;
or other identifying particular as-he nqhments of 5 U E.C.
records requested are available to the i ed to an individual unic oh ise not
) " Statistical record" incans a p
un rt p
the record in a system of records main-g 9 9.5e Scope of subpart-tained for statistical research or re-5 9.53 Reguests; how and where preacnted, spect to certain sensitive records addi.
This subpalt implements the provi. porting purposes only and not used in (a) Requests may be made in person i n ty ted the te pub-sions of section 3 of the Privacy Act of whole or in part in making any deter-or in writing. Assistance regarding re-lished " Notice of System of Records" 1974. Pub. Im 93-579. 5 UE.C. 552a. mination about an identifiable individ-quests or other matters relating to the may be imposed.
i with respect to (a) the procedures by ual, except as provided by the Census Privacy Act of 1974 may be obtained (1) Written requests. An Individual which individuals may determine the Act,13 UE.C. 8.
by writing to the Director. Office of making a written request respecting a 204 205 i
i'
+
.m
{
90weleer R: ? E y N-8-a8" l 9.61 10 CFR Ch. I O-199 Edi6en)
M knowledgement shall advise the re-formation to ascertain if classification F'C0"I t himself may establish his the record is thought to be included questor if any additional information is still warranted. If the information identity W a signature. address. date and the system manager having custo-is needed to process the request. continues to warrant classifiestson. the Of employee identification dy of the record system as shown in Wherever practicable, the acknowl-individual shall be advised that the in-and one other item of the annual compilation. ** Notices of edgement shall notify the individual formation sought is classified that it an lon sIuch as a photocopy of a Records Systems". published by the whether his request to obtain access to has been reviewed and continues to drive %r s license or other document.
General Services Administration. Re-the record or to correct or amend the warrant classification, and that it has iden O) N#sts in person. An individual quests shall, in addition. comply with record has been granted or denied-been exempted from access pursuant uest in person respecting any additional specification require-(b) When an individual requests to S UE.C. 552atkx D.
d shout himself may establish ments contained in the published access to records or permission to cor-(2) Intestigatory material compiled ahis dentity by the presentation of a " Notice of System of Records" for rect or amend records in person. every for law enforcement parposes esempf-3I"8 e document bearing a photograph that system.
effort will be made to make an imme-ed parsmant to 5 USC 552attM2). Re-(such as a passport or identificatim (2) Requests for correction or diate determination as to whether quests shall be responded to in the e) or by the presentation of two amendment of records shall. In addi-access or correction or amendment manner pruvided in paragraph (a) of of identification which do not tion, specify the particular record in-should be granted. If an immediate de-this section unless a review of the in-a photograph but do bear E volved, state the nature of the corree-termination cannot be made, the re-formation indicates that the informa-
"" ~ address and signature (such. as tion or amendment sought and furnish quest will be processed in the same tion has been used or is being used to driver's ticense or credit card).
Justificatlan for the correction or manner as a written request. Records deny the indivfdual any right, privi-(b) Inability to provide requisite amendment.
will be made available for immediate lege or benafit for which he is eligible sfocumentation of identity. An individ-(b) Requests which do not contain inspection whenever possible.
or to which he would otherwise be en-
~
u;l mr. king a request in person or in information sufficient to identify the criting respecting a record about him-record requested will be returned (40 FR 44484. Sept. 26.1975 as amended at titled under Federal law. In that 53 FR 17689. May 18.19881 event, the individual shall be advised self who cannot provide the necessary promptly to the requestor, with a of the existence of the information documentation of identity may pro-notice indicating what information is 9 9.61 Procederee for proceeng rgecets and shall be provided the information vide a notarized statement, swearing lacking. Individuals making requests for recorde esempt in whole er in pert-except to the extent it would reveal f
or t.ffirming to his identity and to the in person will be informed of any deft-(a) When an individual requests in-ihe identity of a confidential source.
fact thit he understands that penal-ciency in the specification of records formation concerning the existence of.
Information that would reveal the
' ties for false statements may be im-at the time the request is made. Indi-or access to records about himself identity of a confidential source shall posed pursuant to 18 U.S C.1001, and vMuals making requests in writing will which have been compiled in reasona. be extracted or summartsed in a thst penalties for obtaining a record be notified of any such deficiency ble anticipation of a civil action or pro-manner which protects the source and concerning an individual under false when their request is acknowledged.
ceeding in either a court or before an the summary or extract shall be pro-pretenses may be imposed pursuant to administrative tribunal. the NRC shall vided to the requesting individual.
i S US.C. 552atix3). Forms for such no-0 9.56 Accompenf ng persons.
advise the individual only that na (3) Afaterial tritAin a system of tritred statements may be obtained on An individual requesting access to record available to him pursuant to records required by statute to be main-request from the Director. Office of records about himself may be accom-the Privacy Act of 19'l4 has been iden-toined and used solely as statistical 4
Administration and Resources Man ~ panied by another individual of his tified.
records and exempted pursuant to 5 agement. US. Nuclear Regulatory own choosing. Both the individual re-(b) Specific cremptions pursuant to U.S.C 552a(kX4).The exempted infor-Commission. Washington. D.C. 20555.
questing access and the individual ac-5 U.S.C 552a(k). Individua! requests mation requested will be reviewed by (c) Ferification of parentage or companying him shall sign the re-for access to records which have been the responsible officist of the NRC to puardianship. In addition to establish-quired form indicating that the Nucle-exempted from access pursuant to the determine whether it continues to ing the identity of the minor, or other ar Regulatory Commission is author-provis!ons of 5 UE.C. 552a(k) and warrant exemption.
Information individual he represents as required in ized to discuss the contents of the sub-t 9.95d shall be processed as follows-which no longer warrants exemption paragn.ph (a) of this section, the ject record in the presence of both in-(1) IVormation classt/ icd pursuant shall be made available to the individ-parent or legal guardian of a minor or dividuals.
to Executiec Order 12J56 and crempf-ual. If the information continuel to of an individual Judicially determined ed pursuant to 5 U.S.C 552a(kM1). (i) warrsnt exemption, the individual to be incompetent shall establish his wuc rnocroomms rom FaoCEsstNG Requested information classified by shall be advised that the information i
stntus as parent or guardian by fur-meentsTs NRC will be reviewed by the responsi-sought is exempt from disclosure that nishing a copy of a birth certificate of ble official of the NRC to determine it has been reviewed and continues to the minor showing parentage or a 5 9.68 Acknowledgement of meecets.
whether it continues to warrant classi-warrant exemption. and that it has copy of o court order establishing (a) Wr'tten requests by individuals fication under the criteria of section been exempted from access pursuant gutrdianship.
to verify the existence of. ootain 1.3 of Executive Order 12356.
to 5 UEC. 552af kM4).
140 FR 44484. Sept. 26,1915, as amended at access to or correct or amen <l records (ii) Information which no longer (4) Investigatory material compiled 52 Mt 31609. Aug. 2t.19e1) about themselves maintained by NRC warrants classification under these cri-solefy for the purpose of determining in a system of records subject to the teria shall be declassified and made suitab'fify, cligibtlity, or qualifica-1 9.55 Specification of recorde.
provisions of the Privacy Act of 19'l4 available to the individual If the re-tions for Federal civilian employment.
(aM1) Requests relating to records shall be acknowledged in writing by quested information has been classi-Federal contracts, or access to classi-shill, insofar as practicable, specify the Director. Office of Administration fled by another agency, the responsi-fied iVormation ar.d crempted pursu-the niture of the record sought, the and Resources Management. or his ble off8cial of the NRC will request ant to 5 U.Sec 552atkx5). Information reproximate dates covered by the designee. within ten working days the class!fying agency to review the in-exempted pursuant to 5 U S C.
record, the system of records in which after date of actual receipt. The ac-207 206
______._m
y gg 13 CFR Ch.1 (1-189 Nibed 90ecle(sr Ej_Q Ceemenissiese
~ g O.M 552stkx5) shall be made available to DETERMINAT1oNs AND ArrEAts cause shown such as Llw need to necessary to assure fairness to the in-an individual upon request except to obtain additional iniormation. the dividual in the determination; 8985 A"' der*'.natione: appealm.
volume of reconis involved or the com-(iii) No record shall describe how the extent that the information would reveal the identity of a confidential (a) Initial determinations. The Di.
plexity of the issue. The extension of any individual has exercised rights source. Material that would reveal the rector. Office of Administration and time shall not exceed 30 additional guaranteed by the Phst Amendment identity of a confidential source shall Resources Management, or his desig-working days. The requester shall be unless such record is expressly author-be extracted or summarized in a nee. with the advice of the system advised in savance of any extension of ized by statute or by the individual '
manner which protects the source and manager having control of the record time and of the reasons therefor.
about whom the record is maintained, the summary or extract shall be pro.
to which access is requested. shall de-(2)If the Executive Director for Op-or is pertinent to and within the scope vided to the requesting individual.
termine whether access to the record crations, or his designee. deterrnines of an authorized law enforcement me.
(5) Testing or eramination materact is available under the Privacy Act and that access was property denied be.
tivity.
exempted pursuant to 5 U.S.C notify the requesting individual in cause the information requested has (2) If correction or es-endn. cat of a
$$2a(k x 6). Testing or examination person or in writing of that determina-been exempted from disclosure. he record is authorized. the Director, material used solely to determine indi-tion. Unless the request presents un-shall undertake a review of the exemp. Ofr.ce of Administration and Re.
vidual qualifications for appointment usual difficulties or involves extensive tion to deternine whether the infor-sources Management, or his designee.
numbers of records individuals shall matios should continue to be exempt shall correct or amend the record.
Of P""otion in the Federal service be notified of determinations to grant frors disclosure. The Executive Direc. notify the requesting individual in which has been exempted pursuant t 5 U.S.C. 552atk)(6) shall not be made or deny access within 30 working days tor for Operations, or his designee, writing that the correction or amend-after receipt of the request.
shall notify the individual in writing ment has been made and provide the evallable to an individual if disclosure (1) Notices granting access shall of his final determination to grant or indivalual with a courtesy copy of the would compromise the objectivity or infmn the individual when and where deny the request for access. Notices corrected record.
fairness of the testing or examination tne requested record may be seen, how denying access shall state the reasons (31 if correction or uncad.. ant of a process but may be made available if copies nay be obtained, and of any therefor and shall advise the individ. recoM is refused. the Director. Office no possibility of such compromise fees or anticipated charges which may ual of his right to judicial review pur.
of Arf &ini.,tration and Resources Man-exists.
be incurred pursuant to I 9.85 of this suant to 5 U.S.C. 552af g).
agen7% or his designee, shall notify (40 m 44484. Sept. 26.1975. as amended at subpart.
140 FR 44484, Sept. 26.1975. as amended at the 44 FR 50004. Aug. 30.1979; 50 FR 50284 (2) Notices deny'ng access shall state 41 FR 20645. Mar 20.1976: 41 FR 25997*
Dec.10,19851 the reasons for the denial. and advise June 24.1976. 52 FR 31609. Aug. 21.19671 and shall advise the individual of his the individual that he may appeal the right to request a review of the refusal 5 9.62 Special procedures.
denial to the Executive Director for 8 9.66 De rminatione motheriring er de.
by the Executive Director for Oper-at ons he pmce-(a) Records under the control of an-Operations in accordance with the nying correctsen of ruerde; appeals.
g other gotiernment openey. (1) Medical procedures set forth in this section-(a) IMtic! determinations. (1) The (b) Appeals from initial adterse de-records. Requests received by NRC (b) Appealsfrem denicIs of access. If Dirrvter. Office of Administration and terminations. If an individual's re-pertdning to medical reco"ds under an individual has been denied access to Mesources Management, or his desig-quest to amend or correct a record has the control of the U.S. Public IIealth a record the individual may request a nee with the advice of the system been denied in whole or in part, the Service or another Gov?rnment final review and determination of his manager having control of the record. individual may request a final review agency will either be referred to the request by the Executive Director for shall determine whether to authorize and determination of his request by appropriate agency or returned to the Operations. A request for final review or refuse correction or amendment of the Executive Director for Operations.
requestor with the name of the con-of an initial determination should be a record. Unless the request presents A request for final review of an initial tr@ et Government agency. i known, filed within 60 days of the receipt of unusual difficulties or involves exten-determination should be filed within
':. r. a ten working days afU e receipt the initial determination, shall be in s!ve numbers of records, individuals 60 days of the receipt of the initial de-writing, shall be addressed to the Ex-shall be notified of determinations to termination. shall be in writing. shall b1 %C. NRC will inform ta reques.
ecutive Director for Operations. U.S.
authorize or refuse correction or be addressed to the Executive Detector tor A any referral of his request to an-Nuclear Regulatory Commission, amendment of a record within 30 for Operations. U.S. Nuclear Regula-or", "< Government agency at the tim,~
Washington. D.C. 20555. and should be working days after receipt of the re-tory Commission. Washington. D.C.
g g
gg-clearly marked on the envelope and in quest. In making this determination. 20555, and should be clearly marked M Nonmedical records. Requests re-the letter " Privacy Act Appeal-Denial the Director, or his designee. shall be on the envelope and in the letter "Pri-ceived by NRC pertaining to nonmedi-of Access." A request that is not so guided by the following standards-vacy Act Correction Appeal." An est records under the control of sn-marked will be deemeri nct to have (1) Records shall contain only such appeal that is not so marked will be other Government agency will be re-been received by the NRC until it is information about an individual as is deemed not to have been received by turr*d to the requestor with the name actually received by the Executive Di-relevant and necessary to accomplish the NRC until it is actually received cf the controlling Government agenc7. rector for Operations.
an NRC function required to be ac-by the Executive Director for Oper-if known. within ten working days (c) Final determinations. (1) The complished by statute or by executive ations. Requests for final review shall r.fter receipt by NRC.
Executive Director for Operations, or order of the President; set forth the specific item of inforina-his designee, shall make a final deter-(11) Records used by NRC in making tien sought to be corrected or amend-f 40 m 44484. Sept. 26.1975 as amended at mination within 30 working days of re-any determination about any individ-ed and should include. where appro-41 FR 44997. Oet.14.19761 ceipt of the request for final review.
ual shall be as accurate. relevant cur-priate, documents supporting the cor-unless he extends the time for good rent, and complete as is reasonably rection or anwnh nt.
i 208 209 I
I
~
10 CHt Ch.1 (1-1-89 hiition)
BWeer Rg" ^w Comuniosion g gy DiscLosvat vo ornras or meconDs (7) To another agency or to an in-the system or systems of records in strumentality of any movernmental jo-The gey pgnet determinations. (1) which the disputed item of informa-risdiction within or under the control anotrr INotvrounts
- Executive Director for Operations. or tion is maintained; and (2) the original 9930 Imelosure of record to pc*****
of the United States for a civil or his designee, shall make a final deter-reced is marked to indicate the infor-ether than the mdivident to whom it criminal law enforcement activity if IninLtion within 30 working days of re-mation disputed the existence of a Pertame.
the activity is authorized by law, and ceipt of the request for final review
-Statement of Disagreement" and the (a) NRC Commissioners md NRC if the head of the agency or instru-unless, for good cause shown such as location of the " Statement of Dis-tion. the volume of records involved or agreement". within the system of personnel shall not disclose any record n entality has made a written request the need to obtain additional informa-which is contained in a system of to the NRC specifying the particular the complexity of the issue. he ex-records.
records maintained by P'RC by any portion of the record desired and the means of communication to any law enforcement activity for which (40 FR 44484. Sept. 26,1975, as amended at I*"
r sion of im tedah 41 Fit 20645. htay 20.19761 person, or to another Government the record is sought. A record may be shs;11 not exceed 30 dditional working a1;*ncy, except pursuant to a written disclosed to a law enforcement agency 0 9.68 NRC statements of explanation.
The Executive Director for Oper-
[nt of. t e in extension of time and
~
vi ual to h t
f e reasons refor.
(2)If the Executive Director for Op-attons, or his designee may, if he record pertains unless disclosure of such disclosure has been established crttions, or his designee, makes a final deems it appropriate, prepare a con-the record is-determination that an amendment or cise statement of the reasons why the (1) To NRC Commissioners and "C'
requested amendments or corrections NRC personnel who have a need for correction of the record is warranted on the facts, he shall notify the Direc-were not made. Any NRC " Statement the record in the performance of their purpose for which the record is main-tor. Office of Administration and Re-of Explanation" shall be included in
- duties, Management, to correct or the systets of records in the same (2) Required under 5 U.S.C. 552-amend the record pursuant to the pro-manner as the " Statement of Dis-(3) For a routine use publishb in sources D
cedures in i 9.66(a)(2).
agreement", Courtesy copies of the the Protaat. Recastra-the health or safety of any individual; (3)If the Executive Director for Op-NRC statement and of the notation of (4) To the Bureau of the Census for (9) To either flouse of Congress or erations, or his designee, makes a final pute as marked on the original purposes of planning or carrying out a to the extent of matter within its ju-census or survey or related activity n.
any commMee w sub-'
determination that an amendment or record sha 1 ection of the record is not war-vidual who requested correction or pursuant to the provisions of Title 13 committee thereof or to any joint com-ted on the facts. he shall notify the amendment of the record.
of the United States Code; e
ner ub-ividt.al in writing of his refusal to (5) To a recipient who has provided g
g authorize correction or amendment of the agency with advance adequate (10) To the Comptroller General, or the record in whole or in part, and of (a) When a record has been correct-be used solely as a statistical research in the course of the performance of written assurance that the record will any of his authorized representatives.
the reasons therefor, and shall advise ed upon request or when a " Statement or reporting record and the record is the duties of the General Accounting the individual of his right to provide a of Disagreement" has been filed, the transferred in a form that is not indi.
" Statement of Disagreement" for the Director. Office of Administration and vidually identifiable. The advance Office; or record and of his right to judicial review pursuant to 5 U.S.C. 552af g).
Resources Management or his desig-written statement of assurance shall (11) Pursuant to the order of a court nee, shall, within 30 working days (i) state the purpose for which the of competent jurisdiction.
(40 FR 44484 Sept. 26.1975. as ameruled at thereof, advise all prior recipients of record is requested, and (11) certify 41 fit 20645.1Wlay 20,1976; 41 FR 25997 the affected record whose identity can that the record will be used only for 09At Notices of,
June 24.1976; 52 FR 3160% Aug. 21,19811 be determined pursuant to an account-statistical purposes. Prior to release When records concerning an individ-8 9.67 Statements of disagreement.
Ing of disclosures required by the Prl, f r statistical purposes in accordance ual are subpoenaed or otherwise dis-(a) Written " Statements of Disagree-vacy Act or any other accounting pre, with the provisions of this paragraph, closed pursuant to court ordee, the ment
- may be furnished by the indi-vlously made. of the correction or of the record shall be stripped of all per-NRC offleer or employee served with vidual within 30 working days of the the filing of the " Statement of Dis-e yn n mation and w-the subpoena shall be responsible for e,
assuring that the individual is notified dite of receipt of the final adverse de-agreement".
termination of the Executive Director (b) Any disclosure of disputed infor-any individ not r M Ge eschum wWn me days aner for Operations. "Stateme mation occurring after a " Statement determined by combining two or more such subpoena or other order becomes of Disagreement" has been filed shall statistical records.
a ma er pu need h notice agreement shall be ad r g
clearly identify the specific informa" M) To the National Archives of the shall be mailed to the last known ad-Executive Director for Opera ns, tion disputed and be accompanied by a United States as a record which has dress of the individual and shall con-U.S. Nuclear Regulatory C m
suffielent historical or other value to tain the following information- (a) ould uM@nD copy of the " Statement of Disagree-warrant its continued preservation by The date the subpoena is returnable.-
ed the statement and ment" and a copy of any NRC " State-the United States Government, or to (b) the court in which it is returnable; nyelope " Privacy Act State-ment of Explanation".
the Administrator of General Services (c) the name and number of the case -
- n e
t of Disagreement ~
b) The Executive Director for Oper-g40 Fit 44484 sept. 26.1915. as amended at or his designee for evaluation to deter. or proceeding; and (di the nature of
- tions or his designee, shall be respon'.
52 lit 31609* hug. 21.1981) mine wh(ther the record has such the information sought.
sible for ensuring that: (1) The -State value; ment of Dismement" is included in 211 210
I 1
to CFgt Ch. I O-1-89 Nined Modoor Regaloesey Communieeien g 9,ygg (I) Facility Security Support Files not constitute "meett" U.S.C. 552a. or any provision of this and Associated Records.NRC-40.
definition.
g 9.82 Notices of - -." dinclosurce.
subpart, if such failure results in an (d) " Closed meeting" means a meet-When information concerning an gn-adverse determination or has an ad-152 m m an.s.19e11 dividual has been disclosed to any verse effect on an individual. Court E
i U"'
IR b
[e)"Open meeting" means a meeting aff gh h o safe a ded in c 1 Sunshine Act gg... _
the Commission open to public ob-NRC officer or employee who made or (b) Any officer or employee of NRC servation pursuant to this subpart.
tuthorized the disclosure shall notify who willfully maintains a system of h 42 Mt 12877. Mar. 7.1977. unless (f)" Secretary" means the Secretary the Jndividual at his last known ad-records without meeting the notice re-otherrbe noted.
to the Commission.
dress within five days of the disclo-quirements of 5 U.S.C. 552ateM4). or f who williully discloses information 8 9.100 Scope of 4m (R) General Counsel" means the sure.The notice shall contain the fol General Counsel of the commission as lowing information- (a) The nature knowing such disclosure to be prohib.
This subpart prescribes procedures the information disclosed; (b) the ted by 5 U.S.C. 552a or by any rules or pursuant to which NRC meetings shall provided by section 25(b) of the Atomic Energy Act of 1954 and section
!ations issued thereunder, may be be open to pubile observation pursu.
person or agency to whom the infor-201(D of the Energy Reorganisation mLtion was disclosed; (c) the date of gu ty of a criminal misdemeanor and ant to the provisions of 5 UE.C. 552b.
re Act of 1974, and, until such time as the disclosure; and (d) the compelling g
p
'Ihis subpart does not affect the proce.
the offices of that officer are in the circumstances justifying the disclo. u Any person who knowingly and dures pursuant to which NRC records same location as those of the Commis-l willfuIly requests or obtains any are made available to the public for in.
record concerning an individual from spection and copying which remain sion, any member of his office special-sure.
ly designated in writing by him pursu-NRC under false pretenses may be governed by Subpart A. except that ant to this subsection to carry out his convicted of a criminal misdemeanor the exemptions set forth in i 9.104(a) and upon conviction may be fined up shall govern in the case of any request responsibilities under this subpart.
8 9~gL Fees.
Fees shall not be charged for search made pursuant to 19.23 to copy or in-
. as amended at to $5,000.
M*}
for or review of records requested pur-spect the transcripts, recordings, or suant to this subpart or for making mons minutes described in I 9.108. Access to copies or extracts of records in order records considered at NRC meetings 9 9.182 General.
~
to m ke them available for review.
ggy specific esemptinne.
shall continue to be governed by Sub-Commissioners shall not jointly con-Fees established pursuant to 31 UE.C.
The following records, contalned in part A of this part' duct or dispose of Commission bust-483c and 5 UE.C. 552a(f)(5) shall be the designated NRC Systems o Records (NRC-5. NRC-9 NRC-11 152 Ff149362. Dec. 31.19871 ness in Commission meetings other charged according to the schedule con-than in accordance with this subpart.
tzined in 19.35 of this part for actual NRC-18. NRC-22. NRC-28. NRC-29.
as.
Except as provided in i9.104, every copies of records requested by individ-NRC-31. NRC-33. NRC-37. NRC-39, and NRC-40) are exempt from 5 As used in this subpart-portion of every meetifts of the Com-I uits, pursuant to the Privacy Act of (a) ' Commission" means the colle. mission shall be open to public obser-1974. unless the Director. Division of US.C. 552atcM3). (d). (eMI). (eX4) (G).
vation.
Freedom of Information and Publica- (H). (D. and (D in accordance with 5 g!al body of five Commissioners or a quorum thereof as provided by section tions Services. waives the fee because U.S.C. 552a(k). Each of these records 9 9.193 Ceneral provisions, 201 of the Energy Reorganization Act of the inability of the individual to is subject to the provisions of I 9.61:
cf 1974 or any subdivision of that col-The Secretary shall ensure that all the records (a) Contracts Records Files. NRC-5, p:y or because making legial body authorized to act on its open Commission meetings are held in
- r. vail 1ble without cost. or at a reduc-(b) Equal Employment Opportunity behalf, and shall not mean any body a location such that there la reasons-tion in cost. is otherwise in the public Records Files. NRC-9; not composed of members of that col-ble space and adequate visibilit (c) General Personnel Records (Offt-inter est.
. as anam at cial Personnel Folder and Related legial body, acoustics. for public observati (b
Commissioner" means an indi-additional right to participate in Com-i2 62 f
Records). NRC-11.
vidual aho is as member of the Com-mission meetings is granted to any (d) Investigative Offices Index. Files.
ENFORCEMENT and Associated Records. NRC-18 missio,n.
person by this subpart. An open meet-(c), Meeting" means the delibera-ing is not part of the formal or infor-(e) Personnel Performance Apprais-
'n t least a quorum of Commis-mal record of decision of the matters 3 9.96 Violettene.
(f) Recruiting. Examining. and sl ers where such deliberations deter-discussed therein except as otherwise als. NRC-22; An injunction or other court m ne or result in the joint conduct or required by law. Statements of views (a) order may be obtained pursuant to 5 Placement Records. NRC-28.
position of official Commission or expressions of opinion made by UB C. 552a(s) (1-3) to compel NRC to (g) Document Control System. NR -
ness, that is, where discussions are Commissioners or NRC employees at permit an individual to review. amend th) Correspondence and Records Mficiently focused on discrete pro-open meetings are not intended to rep-29; or copy a record pertaining to him or or issues as to cause or to be resent final determinations or beliefs.
to be accompanied by someone of his Branch Of fice of the Secretary. NR -
to cause the individual partici-Such statements may not be pleaded when he reviews his 31; ting members to form reasonably cited. or relied upon before the Com5 own choosing record. A court order may be obtained (1)SpecialInquiry File.NRC-33.-
rm positions regarding matters pend-mission or in any proceeding under for the payment of a civil penalty im.
(j) Information Security Files an g or likely to arise before the Part 2 of these regulations (10 CFR posed pursuant to S U.S.C. 552atgX4) Associated Records. NRC-37, m'y. Deliberations required or per-Part 2) except as the Commission may if NRC intentionally or willfully fails (k) Personnel Security Files and As-ed by ll 9.105. 9.106. or 9.108(c) do direct. Members of the public attend-to maintain a record accurately, or r,ociated Itecords. NRC-39; and (Lils to comply with any provision of 5 213 212
.,...o c -
g,-
10 CFR Ch 1 (1-1-89 EdiHon)
,g,,1
, a, f _L y Comunission 9 29.3a? Method far obtaining approval *f
} 28.311,
propmed dispe=si precedures.
(2) Ten times the quantity of such al as specified in 6 30.51 cf this chap-pisterial specified in Appendix C of ter; and (a) Any licensec or applicant for a ll.
this part:and
~ cense may apply to the Commission (c) The quantity of any licensed or 4d) Nothing in this section relieves the licensee from complying with for approval of proposed procedures to other radioactive material released in dispose of licensed material in a any one month, if diluted by the aver.
other appticable Federal. State and local regulations governing any other manner not otherwise authorized in age monthly quantity of water re-the regulations in this chapter. Each leased by the lleensee, will not result toxic or hazardous property of these materials.
application should include a descrip.
In an average concentration exceeding j
tion of the licensed material and any the limits specified in Appendix B.
- 4. Mar. II.198tl other radioactive material involved, In.
Table I. Column 2 of this part; and cluding the quantitics and kinds of (d) The gross quantity of licensed ael h afn fw w w M -
such material and the levels of radio.
and other radioactive material. exclud-g activity involved, and the proposed ing hydrogen-3 and carbon-14. released (a) Parpose The requirements of l
rnanner and conditions of disposal into the sewerage system by the licens-this section are designed to control The application should also include ar; ce does not exceed one cude per year. transh M radMve waste MW analysis and evaluation of pertinent The quantities of hydrogen-3 and for disposal at a land alsposal facility information as to the nature of the en-carbon-14 released into the sanitary and establish a manifest tracking i
vironment, including topographical, sewerage system may not exceed 5 systm and sch,wt edsting m l
geofosi; cal. meteorological. and hydro-curies per year for hydrogen-3 and I quirements concerning transfers and loitical characteristics; usage of ground curic per year for carbon-14. Excreta recordkeeping for such wastes. The re-and surface waters in the general area; from individuals undergoing medical porting and recordkeeping raufre-the nature and location of other po-diagncsis or therapy with radioactive ments contained in this section have material shall be exempt from any been approved by the Office of Idan-u t
bserved in e
Hm au ns contaM in this secuon.
of unexpected or hazardous expo.
(25 RI 14 o 17 as amended at r
o
-80 (b) Fach shipment of radioactive (b) The Commission will not approve waste to a licensed land disposal facili-any application for a Ilcense for dis-B 20.3e5 Treetseent er dispanel by inciner-ty must be accompanied by a shipment posal of licensed material at sea unless eenen~
manifest that contains the name, ad-the applicant shows that sea disposal No licensee shall treat or dispose of dress, and telephone number of the effers less harm to man or the envi.
lleensed material by incineration person genert t?ng the waste. 'Ihe ronment than other practical alterna.
except for materials listed under manifest shall also include the name tive methods of disposal.
I 20.306 or as specifically approved by adh ed WW mber w N the Commission pursuant to ud FPA hrdous e h r
125 FR 10914. Nov.17.1960, as amended at 26 FR 352. Jan.18.1961; 36 FR 23138. Dec.
il 20.106(b) and 20.302.
tification number of the person trans-8 "* I' 4.1973: 47 Fit 57479. Dec. 27.19821 146 Fft 18234. Mar,11.19811 porting the waste to the land disposal facility. The manifest must also Inds-
- 20.361 General requirement.
9 29.303 f%I by relemme inte sanitary IU MdWW**
cate as completely as practicable a gmysical descripuon of me M. the sewermee systems.
Any licensee may dispose of the foi-volume; radionuclide identity and material e pt No licensee shall discharge licensed lowing licensed material without quantity; the total redloactivity; and (a) By transfer to an authorized re, material into a sanitary sewerage regard to its radioactivity:
the principal chemical form The so-(a) 0.05 microcuries or less of hydro-lidification agent must be specified.
a 0
0,
- 61 or f th t is fly sotuble or dispersible p n-3 or carbon-14, per gram of Waste containing mm man W che-chapter, whichever may be applicable; in water; and medium, used for liquid scintillation lating agents by weight must be identi-or (b) The quantity of any licensed or counting and (b) As authorized pursuant to other radioactive material released (b) 0.05 microcuries or less of hydro-chelating agent estimated. Wastes fled and the weight percentage of the 1 20.302 or Part 61 of this chapter; or into the system by the licensee in anY gen-3 or carbon-14 per gram of animal (c) As provided in i 20.303, applica-ble to the disposal of licensed material one day does not exceed the larger of tissue averaged over the weight of the classified as Class A. Class B, or Class C in i 61.55 of this chapter must be by release into sanitary sewerage sys-paragraphs (b)(I) or (2) of this section-entire animal; provided however
{
tems. or in i 20.306 for disposal of spe-(1)The quantity which,if diluted by tissue may not be disposed of under clearly identified as such in the mant-fest. The totti quantity of the radion-(
cific wastes, or in i 20.106 (Radioactiv-the average daily quantity of sewage this section in a manner that would uctides H-3. C-14. Tc-99 and I-129 permit its use either as food for Ity in effluents to unrestricted areas). released into the sewer by the licensee.
will result in an average concentration humans or as animal feed.
must be shown. The manifest required by this paragraph may be shipjping (25 FR 50914. Nov.17.1960. as amended at equal to the limits specified in Appen-(c) Nothing in this section. however, papers used to meet Department of 48 I It 18234. Mar.11.1981; 46 fit 58282 Dec.1.1981; 47 Fit 57479. Dec. 27.19821 dix H. Table I. Column 2 of this part; relieves the licensee of maintaining Transportation or Environmental Pro-records showing the receipt, transfer or and disposal of such byproduct materi- *cetion Agency regulations or require-ments of the receiver. provided all the 274 l
275
i-I I
I t
l l
t l
PART 61-48CEB051NG AGOURGRENTS FOR LAND DISPOSAL OF RAgeo-ACTfvf WASTE Sehpad Ah Proveelene SM.
68.1 Purpone and arope.
61.2 Ikfinith 61.3 IJernse retenired.
68.4 Commemications.
61 5 Interpretatinns..
61.6 Exemptions.
61.7 Concepts 61.8 ReportInc. recordkeeping. and applies-tiem requirements OMH approvat ' not reg mred.
65.9 Frnployee protection.
68.9a Completeness and aceteracy of infor-'
mation.
'WM S-13conoes Gl.10 ' Content of application.
68.1I Ocneral information.
61 12.Wric technical information.
61 I3 Trehnical analyn 117-
.--..._2-
.-.--es-im i=
i E
i-1 t
~
Blei e-rn s i._%4 h
C $a3 Ir ;Aj f e
F e
'&'8 e
r s
'a 1
W E
,e e
e 5
e I
l
!l
'I l I
q.
lI O.
{ C1.1 10 CFR Ch. 8 G-1-99 Edihese) lowdeer Ry"_L., t
-Jn
% 6iO Sec.
Sec.
yrsate tral as defirwd in 140 4f a'iH as to art em he futif of tlw emettem.ut ct t4 Imtetutional mfewmatson Sehead ?
p **c ne. 7.de.
d proraded for in Part 40 of Ihis chapter netwe of t tre desswwal site.
08.35 Finarreal tnformat erm.
v en quantities creater than 10.0410 kilo-
-g htertur" means the Ihrector 61 80 Mamtenance M mwds. ennwts. and Fams W yaimne mm Wn b Were M Nuclear Maternal.WMy ami a
tone a des r t tkm of apptratum t ramins.
- m M
s-Ct 21 F1meinstion of repetitmn SafeguMrds. Il S. NucIcar Regislatory 8
I CI 22 IJpdating of apptratarm R I Commimm.
63 82 Commuseon mssertions of land dis-for in Part 20 of this chapter.
Cs 23 Standards for ensuarwe of a treme.
"Desposal~ trwam tlie isolat6on of ra-ct 24 Conditions of hr""
61 8 Y W
w was kom Hw bmsptww CI 25 Channes.
E 68.2 Ikfmetisme.
inhabited by man arxl omtaining has C12s Amendment of swrmr.
AoTwoevvv: Sm 53. 57. 62. 63. 65. S t.16 8-As used in this part:
fomf chains by emplace nent its a land C t 27 Appiscat6on for renceal or etwur*.
t 82.183. 68 Stat 936. 932. 933. 935. 948. 953
, Active maintenance" means any destmsal f acitety.
C128 Contents of apptratton for elmure.
954. as amended v 42 US C 2073. 2077. 2092.
..ficant remedial, activit y needed "IMstmsal site" means that gertitm 01.29 Pustelenure observation and ma6nte.
2093. 2995. 2131. 2201. 2232. 2233 r. sers. 202.
sig name.
206. 88 Stat. 1244.1246. t42 UR C 5842 destmg the twriod of instittstional con.
r,f a land dessmsal facility which is C130 Transfer of 16rense.
5846t secs.10 aswf 14. Pub. L. 95 601. 92 trol to maintain a reasonable assur.
Itsed for despnsal of waste. It consists C3.31 Termmation of treme Stat. 2953 e 42 U S C 202Ia and 5851 s.
- g. ante that the gerformance objectives of disposal tenits arid a buffer rarw.
For the purgmers of sec. 223. 68 Stat. 958-in il 61.41 and 61.42 are met. Such
- Disposal unit" means a descrete active maintertance includes ongoing portiors of ttw disprnal site into which 6
- 24. 6125 6't a. 61 th C 40 Generai requerement.
6143. 61.52, 61.53. 6155. 61.56. and 68.61 activities stach as the permping and waste is placed for disposal. For near-Cl 43 Protect 6ers of the general pnpulatmn through 6163 are issued emder sec.16Bb. 6g t reatment of water from a dispnsal surfare destmsal the urut is tesually a from releases of radinadivity.
Stat 948. as amended t42 US C 220lubtr.
umt or one-time measures stwh as re.
trench.
CI 42 Protection of eewsmduals from mad it 619a. 6 8.10 through61.16. 68.24 and 68 80 placement of a disposal unit cover.
"Engrrwrred barrier" mesm a inan-settent merus6 m are issued tmder sec. 1610. 68 Stat. 950. as Active maintenance does not incitsde ritade structure or device titat is in.
61 43 Protect 6on of 6ndniduals dorme ogwr.
amended t42 U.S C 22014en.
custodaal arthities such as repair of tended to improve the land distmsal Sousw 41 F1t 57463. Dec. 27.1982.emiess fencing, repair or replacement of mon-farslety~s abstaty to meet ite gwrform-61.44 Statwhty of the dtszwmal site after clo-otherwise noted.
storir's ettuipmerit, rewgetatWMt. mirwir ance ch Mteves in Subpart C.
J
""f'-
additions to soil cover, minor repair of
-Ex plostve material" encans any o.a.i.
,o_7 4 ea:,
_v.,t.nd Seeport A C-d P.a x ;
disposss unit covers. and general dis-etwmical amigwweruf.
mix t u re.
or y,%
posal site tapkeep such as mowmg devire, which prodn&s a sashstantial
- 61 1 Perpene snel acope.
Ems-instantaneous release of gas arwt twat c t.50 Distmsal site suetabihty requirements eal The regulations in this part es_
Tuffer ame"is a gertion of the dis-stentaficously or by centart wit h
'"' '*"d d"*l C t.51 Dissmsat site dessan for land dispm3 tablish. for land disposal of radioactive smal site that is controIIed by the li-sparks or flan.c.
CI 52 tend d sposa ar:16ty oper. tion a waste. the procedures, criteria, arul censee and that lies tender the disposal w o,_ w i.t agency" means any terms and conditions upon which the emits and between the disposal emits ewrutive department, commission. in-ca 53 ironmental monitorine-Commission issues licenses for the dis-and the boundary of the site.
4 3..t establishment. or corporn-(134 Alternative requirements for desern posal of radioactive wastes containing
~ Chelating agent" means amine gm-tion, wholly or partly owned by the and operat6ons.
byproduct. source and special nuclear lycarboxylic acids te R., EtyTA. tyTPA 7 United States of America which is an CI 55 waste classifiestenn material received from other persons.
hydroxy-carboxylic acids, and polycar.
instrumentality of the United States; Cl 56 Waste characteristws.
Disposal of waste by an individtral li.
. boxylic acids (e.g citric acid. Carbolic or any board. bureats, division, service.
ct31 tabeams.
censee is set forth in Part 20 of this I
acid. and alucinic acidp.
of fice, officer. authority, administra.
(n.58 Attematere requerement s for waste chapter. Applicability of the require-j Coms is a.c.-t of construction-tion. or other establishment in the ex-g 3,'"
- "g ments in this Part to Commission li-l means any cIcaring of land. enrava-ectstive branch of the rovernmerit.
censes for waste disposal facilities in f
tiort. or ottwr substantial actiors that
-Hazsrdmis waste ~ mearns t hose Sehyore E-Financist Aseweence, ef feet on the effective date of this rule would adversely afIcet the environ-wasses designated as hazardous by En-will be determined on a case-by case ment of a land disposal facility. The sicormwntal Protection Agency regula.
C et Apphrant <suahfsrathms and assur-basis and implemented through terms term does not mean disposal site ex.
Isorts in 40 CFH Part 261.
et s"2 and conditions of the license or by pioratiort. rsecessary roads for distmsal
-Ilydrogeolosse tenit~ means any snel Pimdme for ownsas sne et. mere and orders issued by the Commission.
site exploration, borings to determerw or rock esnst or zorse which by tirtise of C 3.6 al assurarwes for institutional (b) Except as provided in Part ISO of fourxiation conditions. or other pre-ets gx,rosity or germeabihty. or lark cooty,is, this chapter which addresses assump.
comtruction monetaring or testing io t hereof. has a dostirart infitwnee ora tie tion of certain regulatory authority by establish background informativm re-storage or u.u.
u at of grouentwater.
Sw6 pere F-P r, _. try Sees. "- _
_ Agreement States. and 161.6 -Exemp-lated to the suitabiltty of the disposal
-Inadwrtent int rude r-means a d endien Teils.s tions ~ the regulatioris in this part sete or the protection of environmen-person wlm might orcispy the destwwal apply to all persons in the United tal values.
C' 7' 8'"'"'
saf e after ek v ste and engage in norr-sal States. The regulations in this part do
- Commission ~ means the Nurlear actavst ws, stach as agriculteste'rsuits ca 1a te and Tnbat movernment consul' dwellmg l
not apply to til distmsal of high-level Regulatory Commissiors or its dtaly ass-omst rurt son, or ot her sm m
st 12 Filing of swng=mals for State and waste as gmided for in Pad 60 of this g thorized reprevntatives.
mherh Ihe gersem rmaht be omkomw.
Tritma part rivst um chapter.- (2) disposal of uranstam or Custodia!
Agency" means an ingly essmsed to radiatiers from the El.13 Commission as.prmat of pn. nsats.
thorium tailings or wastes (bypmduct agency of the goternment designated waste.
118 lig 40 ele o-9b - E I
m
'c g i.3 le CFR On. I (1-1-98 EdNiese)
Muclece av 1,t-
% 61.7
-Indian Tribe" means an Indian as an emplosive, which under normal twen granted by tlw Commemann dissesal of radmactere waste w he h m tribe as defined in the Indian Self De-conditions is liable to cause fires tmder i 616 rif t his part.
talres dsemal m the uptwrnwu por-terminatiors and Educatiers Assistance through friction. retained heat from tbl Farh persort shall file an apphra eirm of tiw cart h. as.prontmately 30 Act t25 URC. 450p.
manuf acturing or processing. or which teor: sith the Commission arwt obeam a trwters linrial deeper tisare 30 meters "Intrud*r barrier" rrreans a suffi-can be ignited readily arid when ignit-brense as prowwfed m this part briewe may alsr= tw satkfactory. Tectertical re-cient depth of cover over the waste ed burns so vig7rously and persistently nmemerwing runstruwtion of a laruf queremerits for alterreative met imets that inhibits contact with waste and as to create a serious transportatson.
disposal facility. Faihare to comply will be added 6n the futtere.
helps to ensure that radiatiem expo-hatedling, or despusal hazard. Inoltsded with this rnamrement may te artments (2p Near surface disposal of radmac.
sures to ase irradrertent intruder will are spemtaneously combustible and for denial of a heense.
tise waste taics place at a twar-sistf ace meet the performance objectives set water-reactive materials.
forth in this part, or engineered struc-Site closure and stablization'
- St 8 41
C dispraal facility, which iricludes all of the land arid tmidings necessary to tures that provide equivalent protec-means those actions that are taken Except where otherwise specified all carry met tlw despnsat. Tine destesal tion to the inadvertent intrieder.
upon completion of operatioris that coenmunications and reports ceneven-sete is that portiors of the faciltt y
" Land disposal facility" mearts the prepare the disposal site for custodsal ing the regulations its this part arwl agy wherh is tesed for desposal of waste amt land, buildings. and equipment which care and that assure that the disposal pHeations filed under them shnold be "msests of dispewsal units arwl a buf fer is intended to be used for the disposal site will remain stable and will not of radioactive wastes into time subsur-necd ongoing active maintenance-addressed to the Dircefor. Offire of Erme A 'ftsposal *mit is a descrete ter-Nuclear Material Safet y arid Sa fe.
16rm of the dispemal site into which face of the land. For purposes of this
" State" means any State. Territory.
guards. U.S. Nuclear Reetstatory Com.
waste is ptared for disposal. For twar-chapter, a geologic repository as de-or possession of the United States.
mission. Washington. DC 20555. Cem,.
searfaw desposal, the disposal tonst is fined in Part 60 is not considered a Puerto Rico. and the District of Co-mimications, reports, and applications usually a trencle. A buffer zrme is a land desposal facility.
lumbia.
may be dehrered in person at the smrtiors of the efistmsal site that is cors-
"Licensc~ means a license isstsed
" Stability'* means structural stabel-Commission's Offices at 2120 I, Street troIInt by the brensee arwt tirat hes under the regulations in Part 61 of lity.
this chapter. Licensec~ means the NW. Washington. DC. or 11555 Rock.
urwfer Ilie site arwt twtweers t he twweswf.
~ Surveillance" means observation of holder of such a license.
ville Pike. Rockville. Marytarwf.
ary of the distwisal sete arwt any dhp.,s the dtsposal site for purposes of visual al unit. It provides nyntrelled spnee to
" Monitoring" mearts observing and detection of need for maintenance.
[g'
,2 L as m at M estabbsh emwtitortng kratium st;$rls making enessurements to provide data custodial care, evidence of intrusfort.
are irderwl d to provule an early warn-to evaluate the performance arw! char-and compliance with other license and arteristics of the disposal site.
W Gl.3 Iweerpretatiwm.
ing M nommwhde ;
r - A amt to rettstatory requirements.
take miterateve measures if twedetf. In "Near-sur f ace disposal f acilit y"
" Tribal Governing Body ** means a
""DI 8[7 Y "" ""
Y chm,Mng a destmsal site, site chararter-means a land disposal facility in which Tribal organization as defirted in the
"^"" I"
- "I '"K mI"'-
Indian Self Determination and Educa-pretation of the meaning of the regt'~
ist6rs simul 41 tw cemsidered in ter ns of radioactive waste is disposed of in "
t he irwlefmete lutiste afwl evalisatnf for within the upper 30 meters of the lion Assistance Act (25 USC. 450).
I*"""*'""'*U*"
I *"I "Ifir"' "
at least a 500 year time frame.
carth's surfaw.
other "Wastv mraris Orose low-level ra-
" ' "-in (b)
" Person" rnearts (1) any individual.
th a wr tten mterpwtation by Ow Weste classtfinrfeen end rrewr-dioactive wastes containing source, sarrfere dtsposal tip Despnsal ut radwr corporation. partnership, firm. assnria-I
"'I
"*S "I
special nuclear, w byproduct material bimfins apon Hw Cmmnission.
active waste tre near-sterface disawisal tion, trust, estate, public or private in-that are sweptable for disposal irt a facilities has tlw following safety ch-stitution. croup. government agency land disposal facility. For the purtwsses 5 al 6 Esempeiam.
*- D#"""" # "'" ""* I I"*
cther thart the Commission or the De-of this tiefinition. Iow level waste has plation inwn releases M ndknaeusMy, partment of Energy ecxcept that the the same meaning as in tlw few level "I'he Commission may, esswwt applora-protection of indtvkfemis frono inarf-Department of Erwrgy is considered a Waste Policy Act that is. radioactive Hon by any interestnf wrson, or trpon verteret intrusion. and protection of in-t person within the meaning of the reg' waste not classified as high level radio-sts own initiative. grant ar a s > wiptiore divkfes=Is during operations A fmerth ulatioris in this part to the extent tirat its facilities and activities are subject active waste. transuranic waste. spent from the requimmeo* O the t
'ula-objective is to erssure stabiltty of tlw nirlear fuel, or byproduct maternal as this in Hus pad y j"t t#ctermir.
t is s,te after closure.
to the licensing and relatnf regulatory authorized by law.
wt enda ger t2p A mrewrstone of the system is defined in sntion l le.4 2 p of the authority of the Commission purstaant Atomic Erwegy Act turanterm or thort-III' "' D'"D"'IY "'
I'"
imo' de-stabilety-statrility of the waste arwt to law D. any State or any political sub-um tailings and waste).
fense and securtty. amt is s wm division of or any Emlitical entit y t he penblic interest.
the desswnal site sn that onre enel4ared within a State, any foreign govern.
4 47 Fit 57463. Dec. 27.1982, as amerwled at and mvernf. t he awess of water to t he waste can tw minimiznf. Migrathm of ment or nation or any political sutxti. 54 m 22583. May 25. IM A 60 (.anenet radwmurlwles is thtes minemized. Inne.
vision of any stwh govertimerit or I *I I
ta) 77v disposal fertitty. tI p Part 61 term active matnterianw cars be avoed-nat60n. or other entity; and (2) any is intended to apply to larwt dispnsat of ed. arwt swvtential engmsesres to intrent legal stwressor, representative. agent, tal No person may receive. possess.
radioactive waste arwt twd to other ers redesnwl. White stabilsty is a dnera.
or agency of the forcroing.
and dispose of radioactive w:tste con-methods stsch as sea or estraterrestri-ble characteristic for all waste mm h "Pyrophoric hquid" mearts any taining source, special nuclear, or by-al disposal. Part 61 contains prm,rdter-radmartive waste does twrt nmtates suf-liquid that ignites stwmtamwusly ira product materitt at a land disposal fa-al requirements amt gierformarwe ob-ferierd armwmts of radiontsetides to tw dry or moist air at or twlow 130 P rihty unless aesthorized by a heense jectives appbrable to any mettwwl of of great nwwvtre from tisese st a rwf-e 54 S'C). A pyrophoric sohd is any iss sed by the Csmtmisswm twsrsuant to land distwnal. It nmtains specific terIn-smints, t his waste. however, terwis to sohd material other than mec classed t his gn:rt. or tentess exemptum has nical rentseremet.ts for near-surfaw he tmstatrie. Such as ordenary trash 120 121
.%r 3
er F
e
. m m
m M
L
~
c
$ C11 le cpe Ch. I (1-1-99 EdJuese)
Nudeer 3:p., E n type wastes. If mixed with the bigfter ira controlling site artess which ma; n
a a m H rnav phWal mnnHann to wshH anm activity waste their hierioratims 4w!ude allowing productive esses of the
""I I
to de and my wt enuww msto-could lead to failtare of the system and land provided the integrity arwt long-swrabonal phase o sentable arrange-deal me1 seten Ipurina this swruw1. pree permit water to perwtrate the distmal term performance of the site are not
,,,f, m a e[ d ne e i
a msg t g
unit and catsse problems with the affected-g higher activity waste. Therefwe. km (59 W aste t hat will not decay to erst"P G i** "i t he Iarwt we Hw is issued statwhty of the sete arwf Hs abelsty to order to avokl placing requirements Ictets which presens an acceptable mwt tire performance obiertsws. At for a stable waste form ors relatively 1:azard to an intruder withirt 100 years ng Mwatmnal phat Ow nwt of the pescribnf twrkwl of in-innocuous w 2ste. these wastes have is desagnated as Class C waste. This
- D * " "
- 5'd"'8""*I "mtf"I the liw"Me *ill tw been classed as Class A waste. T!w waste is destmsed of at a greater depth
,", 'y termmated by Ihe Commission.
t rmm e Class A waste will be distmsed of in than (tw other classes of waste so that separate disposal units at the distmsal stabsequent surface activities by an in-dittorts on the lerense. Periodically. t he 3 at a str7"""*K r,r m sg'"E a
- P-site. flowever. Class A waste that is truder will not disturb the waste.
a P Kr s'i== nge m m m W ( N sppre et stable may be mixed with other classes Where site conditions prevent deeper g
of waste. Those higher activity wastes despmal. irdruder barriers stwh as con-subject to a lirerese renewal. at which that should be stable for proper dis-crete covers may be used The effec-time the operating history will be re.
The infwmadon mitMtion enguim.
smsal are classed as Class il and C tive life of these mtruder barders vbewed and a decisiert made to twrmit merds nmtained in thes part affect kaste. To the extent that it is practi-should be 500 years. A maximum mn-or deny mntintsed operatiem. WIwn fewn Haan im gersons. Tlwnfwe.
cable. Class H and C waste forms or centration of radsontwlides is specified disposal operatiems are to cease, the li-tmder sectiort 350*cM17 of the l' aper-containers should tw designed to be for all wastes so that at the end of the censee applies for an anM.
7.t to work Reducthm Art of 19fte O* stb. f.
stable. i.e, maintam gross physical 500 year twrtod. remaining radioactiv-his licertse to permit site clostfre. After 96 531 P. OMil clearatwe is twt re-properties and identity, over 300 years.
sty will be at a level that does not pose final review of the lirertsre's sHe clo.
quient tw Hww informatim milection For certain radionuclides prone to mi-an unacceptable hazard to an intrtader sure arw! stabilization plars. ttw Cmn-7"3*f""e"t s.
gratiott, a maximum disposal site in-or pubile health and safety. Waste missiert may approve the fmal activi-ventory based on the characteristics of with cencentrations above ttwse limits N twee y to e
dWI U"P'" P"'"I""-
the disposal site may be established to is generally unacceptable for near-sur.
s te so that ongoing active mamte-tat thsrtimmation bY a Commission hmit potential exposerre.
face dhposal. Tlwre may be some in-mn s
not resuknl brnm an apphrant fw a Commn-
- 43) It is possible but unlikely that starwes where waste with concentra-
"# ne m
ns utenal ew-persons might occupy the site in the tkms greater than permitted for Class g-sion hwnser. or a amundw w suh
( ) During Hw gwekid ufwn tie final nmUador of a Cmmmssson twmsw w fonture and engage tra normal pursuits C would be acceptable for near-surface applicant agaenst an employee for ere without knowing that Ihey were re-disposal with special processing or c
tw an sa adon adivHies being mrint wt. the licmsee is in gazing m entarn proteded artivim s is reiving radiation exgmsure. These gwr-design. These will tw evalemated on a a
twohibsted. Descriminatiem iverlmfes sons are referred to as madwrtent in-case-by<ase basis. Class C waste must fne truders. Protectiori of such intrtaders also be stabic.
for a inef f yea t
tes
+ -t hm. terms, cornht ums.
cm involve two principal conts 315: Iri-(cp 77w facevising procrss t1) During m
"m 8
- st)" Sal and e
a pni d of posthew @s"-
swirHeges of employment. The stitutional control over ttw site after the preoperational phase. (tw gmten-va a maintmann M assuw Htat protected activities are established in operations by the site owner to ensiere tial applicant goes through a proevss sertkm 210 of tlw Energy Rewganiza-that no such occupation or i*nproper of disgmsal site selection by selecting a I"*
s sta a na y
ihm Act of 11r74, as amerected, afwt its use of the site ocrmrs; or. desigreating region of enterest. exammme a which waste could present an tanac-neemtwr of possible dist osal sites may approve shorter or require lemger ceptable risk to an intruder, and dis-within the area of intnest and nar-tkm or enforcement of a require:nent o "I U Dw A mnie nney Act gesing of this waste its a mantwr that rowing the cimsce to the proposed site.
end t is se I or the Energy Reorganizatiers Act provides some form of int ruder barrier Through a detailed investigation of P"*I that is intended to prevent contact alw disposal site characteristers the po-(1) The protected activstics irwlmte witin the waste. Thes regulation irwor.
tential applicant obtains data on u aw not hmHed k til After a fimims of satisfactory i
gmrLies tmth tyges of protective can-which to base an analysis of the dis-disposal site closwe. Itw Commission til Provkfing the Commission infor-t rols.
posal site's suitability. Along with will trartsfer the license to the State or madon abotst possible violations of re-(O Iristitutional control of access to these data and analyses, the applicant F>deral geh - nt that owns the dis.
quiwments imgmed um$cr etther of the site as requered for tap to 100 years.
submets other more general informa-posal sit e.
If the Department of ttw atmvc statertes; This gwrmits the disposal of Class A time to the Commisshm in the form of Er;ergy is the Wderal agency admitees_
Hit Requesting the Commisskm to and Class B waste without spevial pro-an application for a license for land ining Hw land w WIf of W FM im.tetute adson against his or h end visions for intruskm protectkm. sirwe disposal. De Commissiem's review of al goverrament the hcertse will be ter-Db'yer fw itw administratime or no-these classes of waste cemtain tyges the appli-atiors is an atvordance with minated hwause the Cememissiam larks f"crement of t hese requirements, or arwt quantitias of radroisotogws that administrative procedures established reKUIntory aert hority wer the Depart.
niit Testsfying tre any Cmnmesasors will decay during the 100-year swriod by rule and may mvolve participatson ment for titis activity. Urwier the emi.
twonctinst, rnd will present an aneptable hazard by af fected State cornnments or ditions of the transfened brense, the
- 2) Tiwse arterities are 8"ofwted to an intruder. The govertimerit land-Irvtian tribes. Winile the twotmsed dis-7 N a ENam PWM no fMmal twownhne es adual-ownwr administersnt the actire irtstates gmsal site mtsst he owned by a State or "E
" " N"UN "I W imOM as a wsuit of ttw empheyw l
tkmal cemtrol per; gram has flexibihty time Federal gowrnment before the I"* '
I"'I"""**
""' * "" " P"" i"D" U""-
122 123 4
e -
T a-19 OR Oi. I (1 198 Edhion) 80ecteera;" % e-~
9 68.17
$ 61.9e (3) This section has no application to iscs must be posted not later than 30 iarwt destwmal must etmsest dime arni dispmal operatwwn en a sale any employee alleging discrimination days after an application is dorfteted g"**' *" M f'c t" hne manner.
prohibited by this section who, acting and remain posted while the applica-g i"
"U""*3 i"I"mt see A drwr,ption of without direction from his or her em-tion is pendme t#fere the Commis-y 4i The Be ratmn of Ihe proswwed des ployer f or the employer's agent). <lelib-sion. desting the term of the license.
I in i
6' I*"I 5d "*
erstely causes a violatiers et any re-and for 30 days following liwnse ter-t veronmentai r 4D he reneral chameter of tw gwn quirement of the Energy Reorganiza-minahon.
ance with Subswa A P
g t hus p,g,.g N E *P "M a"ampany the apphea y y,,FIws and qtrantet es of ra h
tion Act of 1974, as amended, or the
""'"C"8**"b'"""C3"""""-
Isort.
Atomic Energy Act of 1954. as amend-taned by wettener to the Regwwtal Admtms.
deaart tre waste to be tere, red _ pees g~
trator of the appropriate tJs feesrecer Ree-go N N W 82. m sew f. and disswmed of-(b) Any employee who twlieves that estatory ccmmessum neewmml offic, hsted
'O' II2Fts for Hsc of ttw lamt dym he or she has been discharged or eth-6n Appenden D. Part 20 of thts ct apter-5 61.1 f (;emi Mmi"*
farshty f
^
3 De2
- 2. as amen &d at The evneral information must in-p., sal of ra-E a
erwise discriminated against by any person for engasting in the protected
]
ciude each of the foemwing-de "T1 g-activities specified in paragraph (aM g 3 f at ',dentity of the applicant includ-egmpmen of this section may seek a remedy for ggm p.
g g
M W
les fw mnstme the discharge or discrimination g,,,,,,'"*
tti The full name. address, tele.
waste. and Hrst nn through an administrative prorcedir.g (a) Informatiori r 4 -4 to the phone number and description of the 8 ment of waste at the progmsed in the Department of Labor. The ad.
Cornmission by an applicant for a li-business or owupation of the appit-tand disposal f acility.
ministrative proceeding must be initi-cense or by a licensee or information cant; ated within 30 days after an allered required by statute or by the Commis-(3) If the applicartt is a partnership. g sg 12 Veific terlinicos sv4.megi.a violation ocetars by filing a complaint sion's regulations, orelers. or liwnse The specific technical informatiem the name, and address of each partrwr and the principal foration where the clieging the violation with the Drpart. mnditions to be maintained by the ap_
smast iriclude the followins iniwrvia-ment of labor. Fmployment Stand-plicant or the liwnsee shall be com.
(37 ff the appliennt. is a corporatior, partnership does business; Don needed fw dermmstratme, that ards Administration. Waze and Ifour plete and accurate in all material re-or an amincorporated associatinri.,g, Divisdors. The Department of labor g
Hw swrfwmance objectives of Subpart C of this part and the appficable tut, spects.
the state where it is inreporated or may order reinstatement, bark pay.
(b) Each applicant or licensee simit organized and the principal locatina nical wqniwments of Subpart U of arwf mmpensatory damages.
notify the Commission of irtformation where it does business, atwt tiiD ifw this part will be met:
(c) A violation of paragraph (a) of identified by the appheant or licensee names and addresses of its directors tal A description of the natural amt this section by a Commission hwnsee. as having for the regulated activity a ami principal of ficers; and demographic disposat site characteris En applicant for a Commission licens.
significant implication for publ6c ee. or a contractor or subcontractor of health and safety or common defense f
447 ff the applicant is actine as an firs as determined by disposal site se-meent w representative of anot her lectiori and characterization activities' a Commissiort licensee or applicant and security. An applicant or linnwe pnsms in filim Ow application. all in.
The descripters smsst include senancie" may be grounds for-violates this parastraph only if the ap_
twmmHon Montred under this para _ rectechnical. hydrototic. meteorningic (1) Denial. revocation. or suspensirm plicant or licensee fails to notify the amph must be supplied with respect to cirmatologic, and biotic festerres of flw' of the license.
Commission of information that the Ow Mher persun_
dispmal sste arid vicinity.
(2) Imposition of a civil penalty on applicant or licensee has identified as (b) Qualifications of the applicant:
tb) A descriptiori of the desten fen-the ficartsee or applicant.
having a significant implication for (1) The organizationks structeere of tures of the land distmsal facility atwf (3) Other enforcement action.
(d) Actions taken by an employer, or public health and safety or commert the applicant. both offsite and onsste, the disposal muits F*er near surface defense and security. Notification InfIUdinK a descripHon of firnes of ans.
dispmal. the description must include others, which adversely affect an an.
shall be provided to the Administrator thwity amt assienmerits of responsibit. those design features related in infil ployee may be predicated upon norwhs-of the appropriate Regional Office ittes, whether ire the form of adminis-tratinre of water;interrity of cmers for criminatory grounds. The prohibition within two working days of identifying trative directives crmtract ra ;.hf dispnsal emits; structtsral stability of applies when the adveese action occurs the information. This requirement is M OOFr* *,
backfill, wastes amt fevers; mntart of because the employee has engaged in not applicable to informatiors which is (2) The technical tynalificatiems, in.
wastes with standir.g water; distmsal protected activities. An employee's en-already required to be provided to the clu%ne traintne amt experienw. of tlic site drasnare; dispasa: site closure newt gagement in protected activities does Commission by other reporting or up_
apphemnt and nmoL7 of the appli-stabilizatinn; elimination to tisc entent not automatically render him or her datingg requirements.
" staM to engate en the protwd prartscable of loric term disgwmil site immune from discharge or <*iscipline aU n' mum training ami este maintenance; inadentent int ruwm for legitimate reasons or from adverse action dictated by non prohibited mn.
"e"# NNements fw b m,wl fill-nwupational esigmsseres; q,sg,wn, 3,,,'
int ke7 tm8Ho'es Am M in parm-nwmitoring; ami admuary of the size sideratforts.
M2 L (ep Each licerwee and each applicant emph tbHIt of this section meest he of the buffer zona for mm,,toerne and Mwided intenua! mitirative measures shall post Form NitC-3. "NoHee to s u ren w afappe mti A
'ptum of tfw appbrarit s see A desertptiewt of the prmrstwil Employees." ora its premises. Posting must be at locations sufficient to An application to receive from n "E Mntram; and desten criteria and ifwir rela.emnshg, twrt: sit employees protected by this others passess and distwne of wastes 3
2" o maintain an ah to Ow perfornianw objwines section to observe a copy on the way containing or contaminated with
'""*"I *I Irmim41 twrsara sde A desersptime of the desern tsases to or from their place of work. Prnn-source, byproduct or sgweial nuclear
[,,'g try met maste receipt. han-riat ural events or pherweg,c,sa amt 124 I25
T
~
m cm ch. (1-14e adla )
sei,a r a vn, t -
_ ~ ~ ~
9 el.M 5 61.13 their relatfortship to the principal to ertsure compliance with the registre-that estmsures well tw controlled to ments of Part 20 of this chapter and meet ifw requerements of f* art 20 of
- ' art 73 of thes chapter steali demon design criteria.
(c) A description of codes and stand-to control contamination of g-"rmnnel, this chapter.
1 yswat semnly p.
ards which the applicant has applsed vehicles, equipment. buildings, and the (di Arnalyses of the I<ma-term stabits.
"8 f Pad 7 will be nwt. In to the design and which will apply to disposal site. Both routine operations ty of the dispessal sete arwi the need fe r
- '""8 **8 8*
construction of the land dispusal f a-and scendents must be addressed. The encoma active maintenance after clo-ma be subjwt to Hw &qmre-program description must include pro.
sure meist tw based ttpon anaines of menb of I' art 73. the applicant shall cilities.
af 3 A description of tte construction cedures, instrumentation. facilttses.
active natural processes surch as cro-
't Hw quantity of stwytal and operation of the land dispmel fa-and equipment.
sion. mass wasting. slope failure. set-
" ma al that has been dvs.
cility The descrrption must leiclude as (It A description of the envirtmmen.
tiement of wastes arid backfill. enfeltra.
tion through cmers over dest-osal a minimum the methods of constrtsc-tal monitoring program to provide shp Safet y information corwvening tion of disposal units; waste empla&-
data to evaluate potential health and areas and adjacent soils, and surface ment; the procedures for and areas of environmental impacts and the plan drainage of the disposal site. The ansg.
"8HeaMr.If appropriate.
yses must provide reassnable m.
tit Any apptration to receite arid waste segregation; types of intruder for taking corrective measures if mi-barriers; onsite traffic and drainage gration of radionuclides is indacated.
anythat there will not be a need for P""'55 special maclear material in ongoms active maintenarice of the dis-gesantit s.es that woesId tw subject to ttw systems; survey control program; (m) A description of ttw admheistra.
Imsal site following closure.
requirements of g 70.24, ~Criticalst y methods and areas of waste storage'.
tive procedures that the applicant will "I requiremerits** of Part 70 cf and methods to control surface water apply to control activities at the land 5 si ti I**
a armsten.
this chapter shall denmeist rate how and grotmdwater access to the wastes. disposal tacility.
Tte artstittst6rmal informatiem meest * '"3"irements of that secti.m will The description must also include a inchsdc te met. unless the applicant renewsts description of the methods to be em-5 63.13 Technical analyses.
D F W al w M NN pmsuant M g Wedt ployed in the handllrts and distmsal of The specific technical information 3 tate gw,. a nt which owns the des.
In determimne wtwther receipt arnt wastes containing chelating agents or de W f&W MF e hat the FWal or State smemn wmtid tw subject to tlw re-other non radiological substarires that ses needed to demonstrate that the g
ent is prepared to accept omrements of 170.24. tlic alvirant might affect meeting the twrformance performance objectives of Subpart C trans er of tie license when the provi.
shall not omswier the quantity of sgw.
objectives in Subpart C of thrs part.
siens of I 63.30 are met. arwt will cial nerlear material that I 4g) A description of the distmsal site closure plan, including those design tal Pathways analyzed in demon-assume responsibility for custewinal distmsed of strating protection of the general pop-care after site closure and gestclosure (2) An I
w and features which are interwird to facili.
ulation from releases of radioactivity observation and mainternance' gmssess s tate disposal site closure arwt to climi.
include air, soil. grourufwater.
4b) Where the proposed dispnsat site desente rmast nate the need for ongoing active main.
surface water, plant uptake, arid exhu-is on land not owned by the FVderal or avowfir tenance.
mation by outrowing animals. The a State government, the apphcant address Imt 3 th> An identification of the known analyses mtest clearly identify and dif-mtast submit evidence that arrange-material natural resources at the disposal site, ferentiate between the roles per-ments have been made for assumption em I the exploitathm of whsch could result formed by the natural disposal site of ownership in fee by the Prderal or a in inadvertent intrusiors into the low-characteristics and design features en State government before the Cem, mis-15 st.:e res g a 4,q,4g,.,5"" "# *M'
level wastes after removal of active in-Isolating and segregating the wastes.
sion issues a license u-stitutional control.
- 46) A description of the kind. The analyses must clearly demon 5 68.35 re. enc 6.g ing.r e6 (a) An applicatiors for a license strate that there is reasonable assur.
amount, classificatiori and sgwtifica.
ance that the exposure to humans i
The financial information mrast tw put. amt any am A ats U
tkms of the radioactive material pro-from the release of radioactivity will suffscient to dermmstrate that the f - Uwwtw shall be filed with flee Direc.
gmsed to be received, possessed, and not exceed the limits set forth in nancial qualifications of the agmirant u 1 tw s ened by tlw applicant or i
disposed of at the land distmsal f acili.
are adeounte to carry out ifw activitics 08" 28Phrants audiorized representa-t 61.41, t y.
(b) Analyses of the protection of in-for which the license as sor,cht arwt yve nnder oath, armi minst consist of 1 4
tj) A description of the quality corn.
S'E"*ti original arwt 2 copies 5
trol program for the determination of dividuals from inadvertent mtrushm meet other financial assurance re.
i natural disposal site characteristics must inclede demonstration t hat there quirarnents as specsfied in Subpart E tb) AnoHeer 85 cueies of the twisca-and for quality control during the is reasonable assurance the waste clas-of this part_
imr* mtsst be retainet! by the applicant for drstratmtiers in aMordance wit h design, constrtwtion. operation and sificatiert and segregatkm requere-E st.ls (pes.c,6.g., mets.
written instrewtmns from the Director ments will be met *md that adequate closure of the land distesal facility barriers to inadvertent intrusion will Detending upon the nature of tlw w d m ence, and the receipt, handling and em.
'CD Pres. Attlicati9et. amendment tw providad.
wastes to be desposed of. and the placement of waste. Atedits arid mana.
(c) Analyses of the protection of in-design arid proposed operatiors of the and instwrHem tws applicable to a liI gerial controls must be includd (ki A description of the radiatiors dividuals during operations must in-land disposal facility, adefitional infor.
CC" C'""ing fle receipt arwi distmsal safety program for control and moni-clude amm.a nts of expected expo-mation may be requestett by tlw Com-of radioactive wastes in a laruj desgetal toring of radioactive effluents to sures due to routine operations and missiorn including the following-facility are required by Part 170 of ensure compliance with the perform-likely acektents during handling, stor-ta p Physical securit y measures. if ap.
Uns chapter, ance objective in $ 61.41 of this part age, and disposal of waste. The analy-propriate. Any atmhcatiort to receige 7
arid occupational radiation exposure ses mtist provide reasonable assurance and possess stwrial emclear material tre y s 126 127
%=---
7P le O R Oi.I(1-1-98 N )
88veleer E:C L., C g 61.21
~n g 41.24
$ 43.21 Elieniaati"" "I "N""
facility operations (including eq"Y reasonable assstrarwe that tlw rrgmre.
any apptsratenn or statement of fact ew ment. facHities, and procedures). des' ments of 1*TO.24. Criticairly aerdrn in its application, the applicant may pesal site closure, arut postclosure m-requirements. of Part 70 of this ritap-ofleer mears wheth wmaid warrant tlw any repswt. revord or ietspretwars or incorporate by reference infonnaWn stitutional cont rol are adequate to ter will be met, insof ar as they are up Cemimession to refuse to grant a li i
contained in previous applications.
protect the pubise health a'nd safety in piscable to special nesclear matettal to statements or wports Hled w@ W that they will twmide namnaW
- lerense.
for fa:Inte to ogwrate the facelety its ac.
be possessed tw fore dtsgwisat verwier the to Itw original applicatie.n. or c,-rwe Commission if trwse ref et ersees are surance that imfitidual inadvertent in' cicar and specthe.
truders are protected in accordarre ek, Any additional informatiem sub-cordarire wit h t he terms of t tw twenw.
mdW as WWerf b W Commk or for any v6olation of, or failure to ob.
i49 FR 94n Mnr.12.1964) with the perfonnance ggw m 16t A2. Protection of individteals from sion puestrant to 161.16. Other infor-sette any of the terms aruf comhtknas ti dmeing af applicati""-
inadvertent intrtssion.
mation, is adeqirate.
of the Act. or any rule. reavelatiem. ii.
5 41.22 p
gl,TI,e reamrements of Subpart A of cr tr e or order of Ihe Commassum.
lication must tw as com-(de The applicant's propesed land ble in the light of infor-disposal facility operations including Part SI of this chapter have twen met.
,f, Each sersms lerensed by a he (' ems.
- *tio th available at the time of equipment, facilities. and procedu mass 6pn smrsseant to the resculate.,rss en are adequate to protect the pub 141 FR 51483. f>c 27.1982. as armwerd a, this part shall mnfsne gwassession armt 49 FTt 9405. Mar.12.19s41 vise of materials to tlw foratiems arwt licant shall supplement health and safety in that they we.ll pwnsem antlemW 6 0w les i appt to in a timely manrwr. as provide reasonable assurarwe that t
- 68.28 Canddians of firma necessary. to permit the Commission standards for radiation protection se sg, No radsoartere maste may tv das-tal A heense essted under this part.
pmrtt of emtil tiw Commisswm has in.
to review. prior to issuance of a H-out in Part 20 of this chapter w or any right thereunder. may be trans.
spected tiee farwt dispnsal feestif y a,wl cense ~ any changes in the activities met.
posed to be carried out or new in-tc) The applicant's proposed disposag ferred. assigned, or its any mantwr d:S has fmtruf it to be its wr formarwe asth ation regarding the proposed ac-site. disposal site design. Band dispr powd of. Mwr MatarHy ew h Mm the hiptwin. denen arwt mentreso
- tivities, facility operations. disposal site c tarily, directly or indirwily, thremgli firm descritwtf en (tw applicatism for a sure. and postclosure instituttortal mn-transfer of corrtrol of tlw 16rense to IwTrue.
149 rit 9405. Mar.12.19891 trol are adequate to protect the public any persam, only if (tw Commissiove t h e Une Commesskm may ineverlm-5 63.23 Standard, for icemente of a 16-health and safety in that they W88I finds after sceurme full informati,m.
rate en arty twvnse at the teme.tf issu-
- ^
provide wasonable assurance t
that tlw tractsfer is m acmrdarwe u nth arwv. or iterea f ter. bv atProprtate A lerense for the recetut. possesskm. tong term stability of the dispowd the prmisions of the Atomic Frwrgy rule. rrrulatiors or order, a khtional re.
and disposal of waste etmtainir waste and the disposal site will t*
Act and gives its consent in wrstrtw in gmrements amt corwhthms e,t h re.
ttw form of a hrense maw nd.m at.
sgwyt to the twynwe's reccept. smv.cs contaminated with smarce.
t
- achieved and will eliminate to the e bt The licensee staall submit wertten sion, arwt dessmsal of soterre, spersal ms-clear, or byprrxtuct materia wi I be extent practicable the need for ongo-issued by the Commission upon f nd.
ing active maintenance of the disposal statements urwier oath upon request of clear or byperminct material as et the Commissiem. at any time twfore deems appropria e or necessary m s
Ing that the issuance of Itw icP"S" s te following closure-m W Wirant's demonstration terminatfort of ttw hcerise. to enable order to:
will not be inimical to the mmpmn fense and security and will smt O pro es reasonable assurance that the the Commission to determire whettwr ett Promote the comrmm defenw endl wouiwments of or not the licerise should be nwwhhrd.
arwf sertersty; tute an unreasonable risk <*
,, mg, m gg %g, g g health and safety of the public.
nd.-
Subpart D of this part will be met (c) The license will be trartsferred to danger to life or property; da) The applicant is qua y
(g The applicant's proposal for in.
l reason of training arul experierwe to stitutional control prov6 des wasonabic the site owner only on the full imple-t3) Require reports and tfw kerante carry out the disposal operathms re.
assurance that institertiemal amtrol mentatiori of the final closure plan as of remrds. armt to provide for irispec-quested in a manner that $
e ts wm be m.Wd for the length of time approved by the Commission. inchwf-tions of artirities under ilw brense ing postriostare observatiem arxl main-that may he necessary or appropriate health and minimizes danger to W M round necessary to ertsttre the firwfirigs tenance.
to effectuate the purpesws of the Art a paragraphs (b) through te) of this tdl The bernsee shall be subiert to and regulatiems therestruler.
property.
- g( a section and that the institutional con' di sos.
al site. disposa dis mal trol meets the wouinnwnts M i M tlw provisioris of tfw Atomic Frwrgy 4s* Any bretisee who recettes arwl Act msw or hereafter in effect. arwt to
-- special nuricar material facility operations tirwltsding uip-Institutional requirements-alt rules. regulatiems. arwf orders of the terwier this part in quantities t reat ment facilities. arwi pr ur dis.
th) The information on financial as' ances meets the requiremerits of Commission The terms and retuhtums would tw subject to the req,est,-rever,ts posal site chysure. ar pr of the license are sesbject to arrwwwf-of % 79.24 of Part 70 of this chapter stitutiemal cont rol are adequate to Subpart E of this part.
merit, revision. or ruwwforsrat um. by shall twmply with the registrements of he applicant's physical security protect the p3blic health arc g y reason of awnd.m nts to.or by remum t hat sect 6on. The licensee shall emt wasonable assur-that they provide wase7a of rules. regulations. and orders issteed consider tlw quantity of r.preial tiencle.
ance that the gerwral populate'mn will arsee that the requirements of Part U in armrdarsre with the terms of the ar material that has twen dissmse,I of be protected from releases o a
. of t chapter will be met. trasofar as Atomic Energy Act.
Ij) Vw airthorit y to dissmw of ttwy are apphrable to special neerlear te) Any license may tw revoked. sus wastes exinres on the date statest in g
tw-tMty as MM km of the material to tv possessed before distm*
pended or erwwfified in a hole or in part Ihe Isrvnse except as proskt.*l in objectswe its I6 41 I general population f roen releaws og ga-at under tlw license for any material false statement ire tiw I 68 D a) of Ihis part.
j, lie appiscant's criticality safety application or any statement of fact tk M1> Each licenser shall emisfy tie dioactivil y.
d diWI procedures are adequate to protect t!w required under Seetiem 1312 of ttw Act, appropriat e NHC Reglemal Artmims-site d g s
h*5 Ett ut disgesal public health and safety and provide or beraisse of mewittions revealed by trator. in writing immediately follmv.
128 129
3r S *1.25 gg g ggi,3 (1 190 Emeessi) ma r a*-
- c=
- ~
56fJ' inst the filing of n voluntary or invol.
hearings prunided in para a a,,
tiem mtsst ancitwfe a fmal retassors acwt t tw sete riemure plan basnt oes sate +tw in f bankruptcy under of this sectkm to State a g
specific detads of tle distwmal sete rhe-cole corwiet wms.
t f 'I ge 3g (Hankruptcy) cials or tribal gownning tmdrs speci-store plan enciteded as part of t he h-cense apphratiem se bmitteef umler l'838 TemaJer w(leceme.
t Unt States Code tyy or fied in i 2.104eep of Part 2 of Hus WF l 6112 gp that includes each of the foi 7
ter.
l lowing'.
f a t hdioamg closure arnt alw twriod g
ti er as t hat term is delim d # Gil' A "'**"' *I I'##""
til Any additional geologw. hydrrr logic, or of her dasposal site data perti.
t F"*** 8 P# 8i""'#' **I ""D'I I"' ""
in 11 U.S C.108414 87 nmtrolhng One li-ta) An application for amemfment of anw en to tunsin uw lume to nent to tlw long term amtainrrwnt of see or listing t he licerne or licensee a license mtist be filed in anordance Hw npsal site ownn. The len-nw emplaced radenartste wastes obtastwd as property of thc estate or with 161.20 and shall fully descrGe during the operational gwriod shah be hansinMd when Her Com (lill An affiliate 4as ttiat term is de~
the changes desired.
(2) The results of tests, experiments.
- U"E fined in 11 U.S.C.10lt218 of the licen*
tbl In determming whet her an or any other analyses relating to back-tit That the clmure of the disswmai amesulment to a license will be ap-ec'2p This notificatlors must indicate:
fill of excavated areas, closure arwt sd.e has bnn n-ade in confwmamv t
proved the Commissi<m will apply the seahng, unste migration arwt interac-wMh the beenwe's disposal sete chnure tl} The bankruptcy court in whoch criteria set fortin in [ 61.23.
the petition for bankrtspicy was filed.
tinre with emplacemerit media, or any plar+. a.s amerwied and agg. ancef as part and 8 Gl.27 Ayyhratica for renewal at fl*"*-
ether tests. experiments. or analysis of the hreme-till The date of the filing of the peti-twrtinent to the long term omtain.
(2) That reasonable assurarwt has tal Any expiration date ora a laceme ment of emplaced waste within flee beers twoveded by the licernser that ttw tion-applies only to the above groemd ac-disposal site.
gwrformapre objectives of Subpart C (47 Fit Sten M 27. ns2. as aninwMi at tivities and to the authority to dispose (3 D Any proposed revishm of plans of this part are met; 52 rit 1295.Jan.12.19878 of waste. Failure to reriew the INvrise for-431 That any itsrwis aruf nenssary shall ret relieve the licertsee of re-til Decontamination and/or drsman-revvprds for care will tw transferrnt to 5 48.2*. Cheat" sponsibility for carrying out site clo-tiement of surfaw facilitics; t he desswaal site owtwr; tal Except as provided for in spenhc sure. gmstclosure obsena&m and (ii, wfining of excavated awas. or license conditions, the licemre shall transfer of the licertse to the site filip Stalxlization of the distwaal site (4) T1 rat the t=st<fosure emmetoring not make changes in the jared disprual owswe. An application for renewal or for post <kisure care.
program is operational for implerewet f acility or prtweduws descrsbnl in He tatiort by ttw distumal sete owrwr; arwl an applicathm for cloww und" tb) An environmental report or a (St That the Federal or Fdate rm.
!icense application. The twvrise will in-161_28 mtsst tw filed at least 30 days supplenwnt to an emironmental clude conditions rest ricting subse' prier to licertse expiration.
report prepared in aceprdance with ernment agersey w hich will assume re-quent changes to the facitaty and the obs Applicatioris for renewal of a h.-
se,bpart A of Part 51 of this cleapter sgmensehshty for institutwmal comtrot of procedures authorized which are im-crise mtest be filed in accordarwe with mtsst accompany the applicatiori.
g g# *g' g 3,,#
I"P"'"I '" """"#
portant to public twalth and safetF.
Il 61.10 through 61.16 a.wt i 61.29 Ap-(c) Uport review arid nmsideratiem of These license restrictkms will fall into plications for closure minst tw filed in art applicatiors to amend tlw license three categories of descending initww-anordance with il 61.20 and 61.28. In-for closure sutmsitted ira accordance tance to public healtle arnt safety as formation contairwd in previmas apph-with paragraph 4al of this section. Else follows-tI> those features and prsw" cations. statements or retwwts filmf gggyg y,,,,,,,;,,,,gg,,,,,,
Commission shall issac ars amerufment dures which may not tw citanged with-with the Commisssem umler the li-aesthorizing ekmsre if Itwre is reasona.
tal Fv>Howing any pntml of imtitvs.
out til 60 days prior notice to the Com-cense may be iiwigted by refer-ble assurarre tha; ifw temt term ter.
Isonal nmW mvded to meet ttw re.
mission, tiit 30 days riotive of opportu-erre if the refererwes are clear arwt formance objectives of Subpart C of 'ptirements found necessary ggygry nity for a preor hearing, and dia) pnor specific, this part will tw met.
I 6123. the hcerisee may apply for an Commission approval; 42) Hme ea (cp In any case in which a IW tures and proceduws whwh may has t'mely filed an applicatiers for re-847 Mt 57482. Ese
- 27. assr2. as amerwot me
" * '"* " " I"* * "-
j be chariged wipiout 44) 60 days prkW pewal of a Ikynse, the license for con-o pp tb> Ttus apptecatiori meest tw filed.
l notice to the Commisson. arul 4ii) prkw tirnued receipt arid disposal of licensed 5 Gil9 Paat <laaere alwnsfian and sith the proveskm of 168 20 arwl of arwl will tw reriewnf. in acomfarwc l
Commission approval; and e3) Hee materials does n-.t capire until tlw features ami procedures which rnay Commission has takern final action ort g hi3 3eet h,,,.
not be changed without 60 days m (cs A forense is terminated only alwn tlw applicatiem for rerwwal.
P y,"
t he Commissiem forwis:
notice to the Cmnmissim.
g, pg y,
(d) In determining whenwr a lh and procedures falling in parag ap win be renewed. the Commission will observe, monitor, arwi carry ont twers.
tIp That tlw instituthmal nmtrol re.
quirements immd necessary under ed witt it h r Ct iss m ap-
% sal W unOI Ow h&me is ham.
I EN h W M aM val if the Commisskwn. af ter having
,gg 4.,,g,,%
or.,,siratian far cla-ferred by the Commisseon irn accord (2) That any additkmal rn piire.
ived the required riotice. so ordns.
afwe with 5 63 30. Responsihelety for ments resulterte from new infortnaskm wi ts authorizing site clo-Ow disposal stie must tw maintained develoted durmg iIw imtitut kmal rort-r nsfer or liceme tef Mi.
f at Prior to final closuw of Hw dis-by the licensw for 5 years. A shorter trol terwwl have been met a,wt cleat nation s a tw erwhided ira paragr#h pnsal sHr. e as WWW *MW U the Omnmisskwn. the applicant stealg tw lonen Unw tened for get c1 men germam-nt memtements or snarkers oteathm arwi mamternarwe may tw warrung agarmt erit resseort hare twtn y,
w i i m shall gmid a i
am" established and aptmned as part of irest alled.
copy of the rustice for optwertunety or 5
130 131
I I C1.40
" " ' W#
C- ~ C p
- gg,,,g,;,,,
extent practicable the need for onto H#
ing active maintenance of the disrosa an exception to this requirement to t hat twovedes reasonable a.uerrarut 9 St.se Cencrol. m-~ ~ ^.
site following closure so that only sur-allow disposal belaw the water table tf t hat the performance obicetnes of Land disposal facilitics must be rettlanre. mondMing.
m
'S it cars be conclusively shown that des-sited, designed. operatal efosed, and dial care are required.
posal si'c characteristics will result its Subpart Cof this part will be em t g 31 The desencil site must be de-molecular detfissitm being ihe pre-signed to rwmplement atw1 improve, controlled after closure so tirat reason-SEA ed M M R W dmmnant means M radionwhde more' (ble assurance exists that exposures to P
ment and the rate of mmement will
=twee appenprlate. the abibty of flw humans are within the I.mits estab.
for tend Dieyesel Focdihee nsult in tlw twrfwmance objectives of dmM sde's natural characterestics
' I throtr 6 4 I'IM I to assure that the performarwe objec-
?
encets for lend diapaaet.
0 61.88 Protectime of alw general papele-ted fra the zone of fitectuatinn of the tieve front reles*e* af endioertivity.
ta) Disposal site <.si$ ability for near.
wa!cr tabi"-
e 4
- Covers mtest be dt-Aw u. to mini-
""Yf"C' disposal N
ic tmd used fw mize to the extent practiemble mater Concentrations of radioactive mate-til'n e purr;se of this section is t disposal shall not discharge grmuut infiltration. to direct percolating or rial which may be released to the gen-specify the ersnimum characteristics a water to the sterface mithin the dispos-mfare watn away from the desumed erst environment in ground water, sur-disposal site mtsst have to tw accepta-al site i
face water, sir. soil. plants, or animals t.le for use as a near-surface disposal M
waste, arwt to resist degradatiori by surface geo% prwesm and %d misst not result in an annual dose ex-facility. The primary emphasis in dis-tonic pwm such as faisiting. fo".d-activit y.
creding an equivalent of 25 millirems posal site suitability is zwen to isola-inc. seismic activity, or vulcanism may est Surface features mtsst direct sur-to the whole tmdy. 75 millirems to the tion of v astes. a matter having long-occur with such frequency arid extent fw water drainage away from d'stms-thyroid, and 25 millirems to any other term im sects, and to dis.msal site fra-to significantly affect the ability of at trerits at velocities and grad-nts organ of any memtwr of tlw pubhe-tures il at ensure that the long term the disposal site to meet the perform-whirts will rmt result in crosion that ytensonable -ffort should be made to perform nce objectives of Subpart C ance objectives of Subpart C of this will require encome active mainte-maintain releases of radioactivity in of this part are met. as opposed to part. or may prechsde defensible mod.
nan.e in the future.
effluents to the general environment short-term convenience or benefits.
as low as is reasonably achievable.
(2) The disposal site shall be capable g
5Ct.s2 Protection of indi+idents fra'n in-of being characterized. modeled. ana-t 1,0) Areas enust be avoided where ticable the contact of water wish waste lyzed and monitored.
wm advertent intruman.
- such as
&he hre. the mntact of stan&ng 433 Within the reg 6on or state where M*85 *88 M
83Um IRM wm Design. operation and closure of the the facility is to be located, a disposal Ikfing. or ref'thering occur with stach wh waste during &stmsal. aml land disposal facility must ensure pro-ute should be selected so that project-frequency and extent to significantly tlw contact of percolatirit or standme tertion of any individual inadvertently ed poptilation growth and future de-affect the ability of the disposal site to watee with wastes after disposal tb) Disposal site desagn for ett intruding into the disposal site and oc.
velopmerits are riot likely to affect the meet the performance objectives of th f
cupying the site or cor:tacting the ability of the disposal facility to meet Subpart C of this part. or may pre-waste at any time after active institu-the performance objectives of Subpart cle defMbk MW M We tlonal controls over the dassmsal site C of this part-tion of long term impacts.
um M w kg ww (4) Areas must be avoided having (11) The disposal site must not be to-and d y al,ite es re.
are removed.
known natural resources which if ex-cated where nearby facilities or activi.
(a) Near-surface disposal facihty op-5 0s.83 l'retection of e,nde., _*seest, during ploited. would result in failure to meet 16es could adversely impact the abilety erstion and disposal site closure.
mycentiaa*.
the performance objectives of Subpart of the site to meet the performance tIp Wastes designated as Class A Operations at the land disposal facil. C of this part.
objectives of Subpart C of this part or pursuant to g 61.55. must tw segregat-ity must be conducted in compliance (5) The disposal site must tw gener' significantly mask the environmental of from ether wastes by placing in dis-with the standards for radiation pro-ally well drained and free of areas of monitoring program.
Emsal tenits which are sufficiently srp.
tection set out in l' art 20 of this chap-flooding or frequent ponding. Waste (b) Disposal site suitability require.
aratnf frm n disposal ututs for (tw ter, except for releases of radiectivity disposal shall not take place in a 100-ments for land disposal other Ihan of twr waste classes so that any inter.
in effluents from the land disgnsal fa-year flood plain, mastal high-hazard near-surface t reserved e, action twtween Oass A wastes and cilit y, which shall be governed by area or wetland. as defined in Execu-5 43.53 Imp at ee d,*irm far land dw.
other wastes well emt result in tlw f ait-4 61.41 of this part. Every reasonable tive Order I1968. " Floodplain Manage-erre to meet the perfors.:ance esbw p.=.a.
effort shsll be made to maintain radi-ment Guidelines **
tives in Sut.part C of th6s l' art. This (tlon exposures as low as is reasonably
- 46) Upstream drainage areas must be tal Disposal site design for near-sur-S**fet*oro es twet riecessary for Oass achievable.
minimized to decrease the amuunt of f ace disposag, A wastes if they met the stabihty re-runoff which could erode or immdate gg, S te design features must tw di-4"frenwnts in S G t.564 bl ef this part.
S cl.t t StaMisty of it e dig. mal este after waste disposal units.
rected toward long term isolation arnt (29 Wastes designated as Class C rkwere.
s*It The disposal site must provide avo6 dance of the need for enntinping gmrsuant to $ 61.55 enust tw dessw. sed The disposal facility must be sited, sufficient depth to the water table active maintenance a f ter site ctosure.
of so that the top of the waste is a designed, used, ogwrated. and riosed to that ground water entrusion, twrennial (2) The dssamsal sete design and ogwr-mimr,mm of 5 meters twlow the t. p achieve long term stabshty of the dis-or otherwise. anto the waste will not athm meest tw emnpatable wath the dis-sostfare of tlw cover or must tw des-posal sste chssure and statnlizatiore posal site and to e:ifninate to the occiar. The Commission will consider plan arul lead to disposal ute ekosure posed of with mtruder batters that are sk Me wd to tentert against an m-132 133
g gy 10 CFR On.1 (1-1M h)
Muclear a:,_"'"
5 nm.
advertent intrtalon for a least 500 till Only wastes containing or con-s es.u As,,,,,,6,,
years.
taminated with radioactive materials a=
far de.6g.
d _ j.a _ _
ures at tfw disposal facility to inteet (3) All wastes shall be desposed of in shall be disgmsed of at the disposal The Commission may, upon request physical form and characteristics of accordance with the requirements of site.
paragraphs tam 4) through till of this (b) Facility operation and dispo.al or on its own initiative. authorize pro.
Class C waste retust meet botte tlw visions other than those set forth in minimum arwt stability requirements sect km.
site clostre for land disposal facilities
$161.51 through 61.53 for the segrega.
set forth in 6 61.56.
(4) Wastes must tw emplaced in a other than near-surf ace t reserved t tion and disposal of waste and for the fist Waste that is not generally ac-manner that maintains tlw packare design and ogwratiors of a land distmsal certable for near sur: ace d:Stwwat is integrity during emplacement. mini.
06153 Enve,ramaro'*4 mophr%
facihty on a specific basis. lf it fireds wast e for w hich form nrwt desswwat mizes the void spaces twtween pacIb tal At the time a license application reasonable assurance of compliance methewis must be differerst arwt in gen-ages, and permits t he void spaces to be is subtr.itted. the applicant shall have with the swrformance oblectises of eral more stringent, than ilmse spevi.
filled.
conducted a preogwrational nwmstor-Subpart C of this part-feed for Class C waste. In the absense (5) Void spaces between waste pack-ing program to provide basic entare-g,,3
,,,,,,,,,g,;,,,,,,
of specifee requirements in this part, ages must be filled with carth or other mental data on the disposal site char-material to reduce future subsidence such waste must be distmsett of in a arteristics. The applicant shall obtain tal Cassification of waste for rw ar geologic reswnitory as deftrwd in f* art within the fill.
Information about the ecology. mete-sur are disposal.
orology. climate, hydrology. geology.
tih e 60 of this chapter tmless proposals for (6) Waste must tw placed and cov-cred in a manner that limits ttw rads-if rad i
e 58te I rised swersuant to this part are Ecochemistry. and seisr'tology of the ation dose rate at the surface of the invol disposal site. For those characteristics cover to Ictels that at a minimum well j
sidera m
be e ot that are subject to seasonal variation.
t 7 Classi cati n determined by permit the ticensec to comply witin all centration of long lated radromerledes data must cover at least a t welve provisions of $ 20.105 of this chapter tand their shorter-hved precursors t
- 8-month period.
whose potential hazard will persist at the time the bcense is transferred
"'I blTiw licensee must have plans for pursuant to i 61.30 of this part.
long after such precautioris as institts~
- d'*U I" taking corrective measures if migra-t*t) The imundaries arid locations of tinnal controls. improved waste form-tion of radionuclides would indicate each disposal unit k.g., trenchest must and deeper destwysal have ceased to tw O He corwmtmdon does m,(
that time performance ob}ectives of effective. These precasstiores delay ttw 0 I Hmes ifw value in Table I, nm tw accurately hecated and mapped by means of a land survey Near-surface Subpart C may not tw met.
time whers lemg-lived radionuettdes
- **I" I* U*" A-I disposal units must be marked in such c 1)uring the land disposal facility could cause engmsores. In additton, the tiit If the concentration exceeds o.1 a way that the boundaries of each unit s te construction and operation. the li.
magnatode of the potential dose is lim.
Omes the value its Table I but does not ste<f by the conwntration and avail, exmd He vahw in Table I, tite waste can be casily defined. Three gwrma.
emsee shall maintain a mornitoring r
abihty of the radionuclide at the time is Class t nent survey marker control points. ref.
program.
a-crenced to United States Geological tions must be made and wmrded to of exposure. Second-conssderatiem ihil If Ow mewentration exceeds ttw Survey (USGSp or ffational Geodetic provide data to evaluate the poten must be given to the concentration of salue in Table I, the waste is not gen.
Survey iNGSp survey control stations, health and environmental impacts shorter-lived radeonurlides for which ently acersdabte for near surface des g
mtest be established on the site to f a.
during both the mnstruction and the pos,p cilitate surveys. Tbc USGS or NGS operation of the facility and to enable waste form, and disposal methmis are Of P Wr wastes containing mixtreres effective, control stations must provide horizon-tiac evaluation of long term effects tal and vertical controls as checked and the twed for mitigative measures.
(2) Gesses of anusfc. til Class A waste of radumuc!sdes listed in Table total concent ration shall be teter-is waste that is usually segregated against USGS or NGS record files.
The monitoring system must be caps-from other waste cla=ses at the disgww mirwd by the sum of fractiems reste de-(8) A buffer zone of land must tw t,le of providing early warning of re-al site. Tiw physical form arwt charat. serstwd in paragraph ta M78 of this sec.
t mn.
maintained between any beirled waste leases of radionuclides from the dis-teristics of Class A waste must nwet and the distmnal site boundary and be-gmsal site before they leave the site the minimum regtnirements set fort h Taneg t neath the disgmsed waste. The buffer tmundary.
In $ 61.568a9. If Class A waste also zone shall tw of adequate-dimensions (d e Af ter the disposal site :is ek, sed, meets the stability rrquirements set to carry out environmental monitoring the licensee responsable for tw>steper.
forth in $ 68.56(bt. it is rmt tweessary
{%
activities stweified in 9 61.534dp of this
- = -
ational surveillance of the disposa! site to segregate the anste for disposal.
part and take mitirative measures if shall maintaen a monitoring system th) Class H waste is waste that must needed based on the operating history tnd the meet more rigormas regmrements on
- 49) Closure arid stabihzation meas' chysure and stabihzation of the dispos.
waste form to ensure stabelity af ter urcs as set forth in the approved site al site. The monitoring system must tw disposal. Tin physical form and char.
eu..
closure plan must tw cartwd out as
- e. w..w w each disposal unit 8e c cach trenchI as capable of providing early warning of acterisucs of Class H waste must meet
" a
- w a-w both the msnimum a qmwmmts set fore m, ud stabilrty re.
e filled and roved releas-s of radeonuclides from the das, 3
7 (10p Active waste disposal ogwrations Imsal site before they leave the sste 561.56.
must not haw an adverse etlect on tmundam tiii) Class C waste is waste that m>t.,%,,,,,,,,,,,,,,,,,,,,,[I. ",
es n
e mly prusst meet more rigorous regmre.
8%
- completed chisure and st abstization
, - s w.
mmts on waste form to ensure stabili.
ty but also requires addetsonal meas-
~
~ p**
measuns.
o,
- - e m 134 135 h
9
~
9
{ C t.55 NN 0 8 I
Y t0) Classificatiori determirwd by tip If the concentrativm nf a nuclide
% 6t.39 r
- 2. as amen, tot n' short lived radtonucli&s. If radioac.
listed in TatAe I dews not exceed O I sure to att madsertent intruder. smee tive waste does riot contain any of the times the salese listed in Table 1. the et prmkSm a remenizable and twmdis-a st,*,s w,_
perssble waste.
radionuclides listed in Table I. classifi-class shall be that determined by the cation shall be determined based on mncentrathm of nucIwjes listed in tat Ttw FMWng til Waste must hare strtectural sta.
a nSaw ttw concentrations shown in Table 2.
Table 2.
biltty. A st urturally stable waste formowever. as sgw,rilbed in paragraph eig, If the mncentration of a rmelwie of waste arwf are intendetf to facitatat# i a 3 y do tcx2) of this section. if radicarthe listed in Table I exceeds 0.1 times the handh t the d I mensi ets and its form. t rtder the ex. l waste does not contain any nuclides value listed in Table I but does not vide prot f F pnted dispnsal omditions sesch as j listed in either Table 1 or 2. it es Class exceed the vahr in Table 1. the waste personnel at he disposal w e rden amt mmparthm A.til if the concentratkm does not shall be Class C. provided the concen-gy, y equigmwnt. the W m,& of moistenre. exceed the value in Column I,the tration of nuclides listed in Table 2 disposal in cardboard or fits. rhe'#rd nnendital activity, arwt internal n factors such as radiation effects arxl %,3 waste is Class A. does rant exceed th( value shown in 12t hoid waste menst tw solidified er till If the concentration exceeds the Column 3 of Table 2-n a tumi statwhty (6) Classification of wmtes with ra-packaged in suf ficient atmorbent I"* vdue in Column 1 but no exceed the value in Column 2. the dionuclides other than those Itsted in rial to atmorb twice the volarme o i ssmg Une waste to a stable ables I and 2. If radioactive waste fwm. w placing use wsste in a disgms. hquid. I nt inn (37 Solid waste containing liqukt strurttare that prmkles el c meentration exceeds the does not contain any nuclides listed in shall omtain as little free starwfing f2 value in Column :I. but does rmt either Table I or 2. It is Class A. and noncorrosive liquid as is wason-I exceed the value in Column 3. the (7) The sum of the fractions rule for ably achievable. tmt in no case shall in 168.56tal (2) an 3 '~ I" t is CI C mixtures of radeoritsetides, f%r deter-If the con'rentration carceds the the ligtskt enreed I% of the voltame or wastes mntainir'" l'9" v """ I" mining classification for waste that 449 Waste must not tw readsly capa-P i value in Column 3. the waste is not contains a mixture of radionuclides. it ble of detonation or of explosive d*- ", form that corstains as generally acceptable for near-surface is necessary to determine the stsm of mmtmsition or reacthm at twermal hq, rid m 6 rea bly M disposal. Iractions by dividing each nucHde}s pressures and temperatures. or of ex* 6n no me st MI me %g nM y t typ Por wastes containing mixtenres wrecentratiors by the appropriate Itmrt DloS8"e reaction usth water. of flw volume of ttw waste wi of the nuclides listed in Table 2. the I and adding the resulting values. nic waste is in a dis I nt total concentration shall tw deter-(St Waste mtsst not corttain. or be ca. mined by the sum of fractions rule de-pable ef generating. quantaties of texic sht to enw M ne[ de. appropriate limits must all be taken from the same column of the same cases, vapws, w fumes harmful to per-the votieme of the scribed in paragraph (aM73 of this sec-was for a t tion-table. The sum of the fractions for the sons transpo ting. harwfimg. or dispos. processed to a stable form column mttst be less than Le if the a of the waste. This does not apply Os Voki s wit h between il aste arwf ts k h ~ ~ ~ ~ n Em mple-A et i r a [
- "h 7
c,,,,,,,,,,,,,, 90 in a concentration of 50 Ci/m' and s= m'ar a""" ,,,,,s n, Cs-137 in a concentration of 22 Ci/m' Pyrophors.te puust mit be pyrophoric, g st st g,,s,,s., <p y Since the concentrations both encred e anaterials contained in c,, _ the values in Column 1. Table 2. they waste shall be treated. prepared. and Each parkare of waste mtest tw must be compared to Column 2 vahses. packaged to tw notiflammable' clearly labriaf to identify wtwitwr it is r, For Sr-90 fraction 50/150-0.33; for Cs-(7) Waste in a caseous inrm must tw CI8SS A *Aste. Class B waste. or class ao r, es 137 fraction. 22/44 = 0.5; the sum of packaged at a pressure that does ret C *aS87. in #<wdance with i 68.55. cve m r' M the fra*tions=0.83, Since the sum is exceed I 5 atmospheres at 20 C. Total [,,,,,,,,,, 3g = m less than 1.0. the waste is Class B. activity must rmt exceed 100 curies ser 5 S t.'we Aescemme6.e ;... _ a, f., mg, mntainer.
- 48) Determination of concestfrafions
'I***enr=#6 and r=_- 3,,,, o ne e'e m w;c, in erwestes. The amcentration of a radi-(8) Waste ermtaining hazardous bhp c4 etr i,,;,~,,,',,,,,,,,,m.n,,,,,,,,,,,,,,w,,, onuclide may be determined by inds-logical. pathogenie or infectiners mate. The Commissiott may. tspen regees or on its own rect methods such as use of scaling rial must be treated to reduce to tPw irvittative, autlw.rize o.., c n.rm 4. . -..==* as s'" Q, maximimt other provisions for the classificathm
- "'" ****",,",, 'd"' "*"f, U,7,, **r""E factors which relate the inferred con-extent practirable the pr>
mmf characteristics of waste on a stw. tential hazard from the emes radiologi. esfic bases if, a*ter evalesathm. of etw =, m.se =aws *aa
- o*** e "J*"OUZ"'~c '" I 7,,2 cc7tration of one radiontaclide to an-cal materlats.
spectisc characteristics of the waste Other that is measured. or radionu-clade material acentmtabHi*y. if there tb) Tine FM3uirements in this sectirm desposal site, afwi melhort of distwesal"
= =s
are intended to provide stabihty of the it frnds revenable assurance of comI (5) Classification determirwd by is reasonable assurance that the indi-waste. Stability is intended to ensure pirance with the preformarwe obsce. tmth 3ong. am1 short-lived radionu. rret meth(xts can be correlated with that the waste does not structisrally tives in Sedipart Cof this part. cledes. If radioactive waste contains a artual meastarements. Tlw corwentra-degrade arnt affert overall stabihty of t t en of a radionurtide may tw averaged the site through stumpent. collapse. or 9 "U I"dd"'i""*I C - - - as. t I are listeil r abe1 a e mn Uw Mune M
- a
%M n2 *mt of which are listed in Tahic 2. riassifi. weight of the maste if the emits are ex-re lead to waRr infiltratiors. Sta-tal had ear'swrshtp. Desposal of rm dio::cf ree waste catson shall tw determirwd as follows: pressed as narxwearecs get gram. y so a factor in timtting exim-rervirert frorre on.cr persorts may be tiermetted only on larwf 136 137
v g C1.41 le CFR On. I (1-1-98 Eidshow) sei,a.e, a-r_. g g, 7, _.y owned in fee by the Federal or a State osts that would be incurred if an in- ~ government. dependent contractor were hired to ment surety mithin 30 days after noti-tbl Subsegewnt changes to tlw bind tt) Instefufronal control Tlw laruf gerform tire eksure and stabilization fica imi of cancellation. If tfw hecmee ing arranstement specified in para I to provide a replacemens suret y graph tal of this section relev tt owner or custmsial agency shall carry work. out an institutkmal cimerol program ib) in order to avoki emnecessary du-arreptable to the Commission. the sete stitestmnal control shall tw submi t owtwr may collect on the erreinal to tfw Commessum for approval-to physically control access to the dis-pleration and engwnse the Commissio,, posal site following transfer of control mill accept financial searcties that have smt y. of the disposal site from the disposal been consolkfated with earmarked fi. (f t Prnof of forfesture must emt tw .- - by h site operator. The institut ional cont rol nancial or surety arrangements estab. necessary to coIIect the surety so that ^. end luesfien Tritsee program must also include but not be fished to meet requirements of other in the event that the licensee conkt limited to. carrying out an environ-Federal or State agencies and/or local riot twoside an aneptable replawment g g,'7, mental rnonitoring program at the dis-governing bod es for stwh decontami. surety within the regtrired time. the posal site, periodic surveillance. minor nation. closure and stabilizatiort Tiw surety shall tw aestomattrally collwted This subpart describes mechanisms custodial care. and et her regt irements Commission will accept this arrange. prior to its expiration. The nnwf thms thrmech aherh ttw Commission mell describnf above would hate to b, implerrwnt a formal regswst from a as determined by the Commissiort and ment only if they are (v4M ade, administration of funds to mver the quate to satisfy these requirements clearly stated orn any surety instru_ State or tribal rosernment to partirl-ment which is not open ended amt Pat" in llw review of a liceme applica-costs for these activities. Tiw perimi of and that the portion of ttw surety institutional controls will be deter-which covers the closure of the destms. nusst be agreed to by all parties. I.i. h A. a larwi dispnsal facsInt y, Notle. mined by the Commission, but inststu-al site is clearly identified and coramit-abshty under the surety ciechanista ing in thrs subpart may be omstrtwd tional controls may not tw relied upot' ted for use in accomplishing these ac-must remain in ef fect omtil the closur. to bar the State or tribal enverning and stabilizatiori prograrn has twen Mr.Wn participating in subseq,eent for more than 100 years following tivities. transfer of control of the disposal site ge, The licensee's surety mechanism nnnpfeted ami approved by the Com. Cmmissenn prim, J..g on,rerning to the owner-will be annually reviewed by the Com. massenn ami the license has been trans-the lireme application as proveded mission to assure that sufficient femds fed to the site owner. urwier Frdrrallaw arn! regulations. (gp Financial suret y arrangements Estmport E-Fineseciel Assorences are available for completion of the clo-sure plan assuming that the work has generally aneptable to ttw Commes-
- 4tR Mate ud Tnteel g.w,me,,,,.
8 Cl 68 Applorant goalefWei me med a=*ere-to be performed by an indeperwient sion inch
- suret y tM*rwis. cash degms-
- ehaeme.
ets, certificates of degmsits, detmsits of tigwm regerst of a State or tribal spree. nmt ractor. government securities escrow ac-governing twwty, she t hreetor shall Each applicant shall show that it (d) The amount of surety liability either possesses the necessary furwis or should change in accordance with the cmmts. irrevncable letters or firws of make available Commissiers staff to has reasonable assurance of obtaining predicted m=;t of future ekmure and crafst. trmt fumis. amt combinations discuss wit h representatives of the the necessary furwis, or by a combina-stabilization. Factors affecting closure of the above or such other tytws of ar-State or tribal g-rverneric bmsy infor. tion of the two. to cover the estimated and stabilization cost estimates in-rangemmts as may be approved by enathm saibmitted by the apphrant, ap-costs of corwfurting all licensed activi-clude-inflation; increases in the W Canmissinn. Ifowerrr, self-insur-phenble Commession regulatioris, li ties over the planned operating life of amotmt of disturbed land. changes in ance, or any arrangement which essen-censing procedures, potential sched-the project, including costs of cem-engineering plans; closure and stabili-tially nmstitutes pledging the assets asles. arw! the tytw arwi scope of State strtretion ami disposal. zation that has alresdy been accom-of the licensee. till not satisfy ttw activities in flw twynse reyww permet-plished and any other conditions af-surety Wmrement for private sector ini by law. In additism. staff shall tw O CI.42 l'ending for diap==al site cl"*"" fccting costs. This will yield a surety applicants since this provides rm addi. made available to mrtsentt and etmper. tional assurance ot her than that ate with tlw State or tribal governing
- d damatie"-
that is at least sufficient at all times to The applicant shall provide as-to cover the costs of closure of t he dis. which already exists thrmseh liceme ta=fy in developmg mis g,w par. Wmrements. teripatior sn the tsrettse review. surance that sufficient furwis will be smsal tenits that are expected to tw r.vailable to carry out disonsal site clo-tesed before the next license renewal. 6 63.4.1 I"' in-m e-
- 4U2 rd g f g, _.g,g,,,,,,a sure and stabilization. Including- (1) tel The term of the surety mecha-Decontamination or dismamtimient of nism must tw open ended imless it can Tn4=mt port.c.p.ti land disposal facility structures; and tw demonstrated that another ar.
(ap Prior to the issuarnv of tim li-taf A State or tr6bal governing twid (2) closure and stabilization of the dis-rangement would provide an equiva. reme. the applicant stralt provkle for witow interest is affected by a nearE Commission review arnt approval a surface disposal facility at the pre posal site so that following transfer of lent level of assurance. This assurance the disposal site to tlw dte owner, the could be provided with a surety mech. Mpy of a binding arrangement such gmsed site may submit to glie tw " swed for ongoing active maintenarwt is anism which is written for a specified as a Icase. between the applicant arw1 a protmsal for participation iti eliminated to the extent practicable period of time (e.g five years) yet the disposal site owner tnat ensures review of a lireme applicatimt 3*r and only minor ettstodial care, surveil-which must tw automatically renewed that sufficient finrwis will tw available als must tw sutmeitted withirn' alw f, ' lance. and ammitoring are required unless the party who issues the surety to cover the costs of monitoring arwi krwing time perwwJs; These assurances shall he based on rmtifies the Commission and the twne_ any requtred maintenance dur6ng the (D For the State its which tl Commission-approved cost estimates ficiary tthe site owtwr) and the princi. enstitutional control swrind The bitwl-Emsal facility will be Imrated reflecting the Commission approved pal (the hcensee) not less than 90 days l ing arrangement will he reviewed swri-State that is member of are di sta plan for distmsal site closure arut stabi-prior to the renewal date of its enten. m ically by the Commissiott to ensure emnpact t hat inchutes the State e" lization. Tlw applicant's cost estimates tion rmt to rerww. In such a situatiam that changes in snflatoon, technology whech the dktmsal facildy b h - am d f acild y rations are re-tm later than 45 days following tw i$ must take into account total capital the licensee must submit a replace-catiors in the Frerwaa. REcssTrn of tim 138 139
I $C1.73 10 CRt Ch. 3 (1 190 E6 hen) No& err O L,&- notice of tendering of an applicatims ib) If requestal by a State or tribal tentiert twriod. Records such as letters. submitted urader 161.20. governing body. the thrector may ap. l drawing $ spwifsca;iorts. mtsst irwfude these sntsons are not required f terrats a f ter desposal' (2) For any other State. or for a prove all or any part of a proposal if all twrtment information such as tribal governing body. no later thare t he Dirntor determines t hat: siamps. snitials, and signatures. The li-thl Each heer.see authorized to di 120 days following publication in the (la The proposed actsvities are pose of radioactive waste cemee sha!I maintain adequate safe-Frneman, Resistra of the retice of ten-within the sevpe of Cornmission statu. gtsards against tampering wit h and from other persons shall file a dering of an application submitted tory resportsability and the type and Ms of remds, its financtal report or a certified under i 61.20, magnitude of impacts which the State (d)If there es a conflict tetween the c,al statement anntaally mith the om (b) Proposals for participatioriin the or tribe may bear are sufficient to jus. Commission s regulations in this part. missaon in order to update the f licensing process must be made in tify their participation; and mation base for determining fina scense condihon. or ot her written I writing and maast tw sigtsed by the (2) The proposed activities will con. Cemissen approvat or atsthortsatior, qualsficatteens. Governor of the State or the of ficial tribute productively to the licensing mining to the retention period fw giNI) Each finnwe au h N dispose of waste materials otherwise ptovided for by State or review. type of record. the longest reccie tribal law. (c) The dwision of the Director will
- r Streified takes prece-from other twrsons. pursuant to this act At a minimum, proposals must be transmitted in writing to the gover-part. shall submit annual reterts to contain each of the following items of nor of the designated official of the WW wag @s tal the appropriate Commissson reciemal ch td) of this sMtion. the liwns-ofHre shown in Appendix D of Part 20 ir* formation:
tribal governing tmdy. ,,er of this chapter, with *opies to the De iD A general description of how tim (d) Participation by a State or n nd Hae St te +e tribe wishes to participate in Indian tribe shall not affect their u tity of radioact % wastes con. netw. INvision of High Level Wast Management. Office of Nuclear Mate the licensing process specifically iden-rights to participate in an adjudica-I e nd hansfer tifying those issues it wishes to review-rial Safety and Safeguards. if.S Nawle-tory hearing as provided by Part 2 of these s (2) A description of material and in-t his chapter. to the chief "F
- "I8'My CMnmission. Washing _
formation which the State or tribe . 2N RetWs shall tw sub-municipality. Ihe chief exectittee of consideration in the licensing process. $,,g,p,,, g,,,g,,,4,,g,,,,,,,y,,,,, h Ow facMy is tw mitted by the end of the first ralemt plans to submit to the Commission for y zoning tmard or land quarter of each year for the prmd ed A tentative schedule referencing steps dMmt and planning agency the year; its the review and calendar dates for (2 p The ret orts shall irwiesde vil g "ph[a and other State local. ifscatiem of the q antity of each o um m we 4 words rep rA t nned submittals should tw includ. g ta erw as prs palr mn e relea ed to em-
- 43) A description of any work that (a) Each licensee shall maintain any time of Isceme termination.
af) Following receipt and acceptance borne elihwnts during the the State or tribe proposes to perform records and make any reports in con-for the Commission in support of the nection with the licensed activities as of a shipment of radscactive waste. the year. tii) the results of the licensing process. may be required by the conditions of licemee shall record the date of dis mental memitoring progra (4) A description of State or tribal the license or by the rules. regulations, posal of the waste. the location in the summary of licensee dist I plans to facilitate local government and orders of the Commission. disposal site. the condition of the survey and maintenanT activit6cs'l and citizen participation. (b) Records which are wquirnt by waste packages as recciwd. any dis-a summary. by waste class. of activ t (5) A preliminary estimate of the the regulations in this part or by h. crepancies twtween materials listed on and quantities of radiomselides d types and extent of impacts which the ceme conditions must be maintained the manifest and those reived. and posni of. (v) any imtarwes i StLtc extwets. should a disposal facili. for a period specified by the appropri. any N - of leaking or damagttf otmervnt site characteristics a n6ficantly different from ti ty be located as proposed. sie regulations b this chapter or by li. packages or radiation or contamina-(6) If desired, any requests for edu. cense conditiora If a retention period tron Ictels in excess of limits specifwd scribed in llw application for a entional or information services (semi-is not otherwiso specified, these and tri) in Department of Transportation ami any other information Commission may require' rial nars, public meetings) or other actions records must be maintained and trans. Commission regulatiom. The licertsre If ti from the Commission such as estab-ferred to 9.e officials specified in taties of radmactive mate shall brwfly describe any repackaging s d Ilshment of additional Public Docu. paragraph ten of this section as a con. operations of any of the waste parb during the reporting period' em ages included m the shipment. phis ing results. or maintenance ment Rooms or exchange of State per-dition of license termination unless f sonnel under the Intergovernmental the Commhstort otherwise authorizes any other information required by the are significantity different f t Personnel Act. t heir disposition. expected in the materials Cc nmission as a liceme nwulition. reviewed as part of ttw The licensee shall retain these records tc) Records which must te main. S t?IJ3 Commiainn appreal ef propmal* tained pursuant to this part may be amtil tlw Commissiors transfers or ter-action. the retert must I cifically tal Upon receipt of a proposal sub-the original or a reproduced copy or a minates the license that aut hortzes mitted in accordance with 161.72. the microform if this reprodtwed copy or the activities descritwd in this scetion. (D Fach licensee shall r rt cordance w it h the requi ,t Director shall arrange for a meeting rr.icroform is capable of productne g) Fach licemn shall comply with between the representatives of the copy that is clear and legible at the ti e safreuards reporti-sc rntuirettwnts l io.52 cf t his chapter' ik) Any t ransfer of by twher StLtc or tribal governing body and the end of the required retention period. 1130.55. 40 64. 70 53 aruf 70 54 of o Commission staff to discuss the pro The record may also te stored in elec. this chapter if the quantities or artisi-source. arnt special rmelcar m te by t he brettsee is subjert to tt posal and to ensure full and ef fective tronic media with the capability for toes of materials received or tram-quirements in 1130.41. 40 58 arwt e~ participatson by the State or trite in prmfucing legible. anurate, and com-ernd eurent the limits of tlwse see- -the Commissam ~s finnse ressew, plete records during the required re. tions. Irisentory reports requirnt hy of thss efeapter. Ilyprovfurt s'm spwial nesclear material m[*ans 140 141
~ ' g si.si tis as defined in these parts, respec titely. I47 m $1463. Dec. 27.19e2. as amerwsed at 52 FR 31612. Auz. 21.1987; S3 FR 19251. May 27.1948) 6 61Jtt Teet, et lesed deepoesi feriikies. (al Each licensee shall perform, or permit the Commission to perform. any tests as the Commission deems ap-propriate or necessary for the admints- . tration of the regulations an this part. including tests of: (1) Radioactive wastes and facilities toed for the receipt, storage, treat-ment, handling and disposal of radio-active wastes. (2) Radiation detection and monitor-ing instruments; and (3) Other equipment and devices used in connection with tt e receipt. possession, handling. treatment. stor-age. or disposal of radioactive waste. j R 68.A2 Onnesonessess -- m, ;--. - et lead dispenal faci 4 Hies. (a) Each licensee shall afford to the Commission at all reasonable times op-portunity to inspect radioactive waste not yet disposed of, and the premises. equipment. operations.and facilities in which radioactive.vastes are received. %-d. handled. ?rcated stored. or disposed of. (b) Each licensee shall make avail-able to the Commission for inspection, upon reasonable notice, records kept t by it pursuant to the regulations in this chapter. Authorized representa-tives of the Commission may copy and take away copies of. for the Commis-l sion's use, any record required to be l kept pursuant to this part. N 61.143 ' Violatieses. An injunction or other court order I say be obtained prohibiting any viola-tion of any provision of the Atomic Energy Act of 1954. as a..w a.Gd. or any regulation cr order isstM4 there-under. A court order may be obtained for the payment of a civil penalty im-posed pursuant to section 234 of the Act for violation of section 53. 57. 6?, C3. 81. 82.101.103.104,107. Or 109 of the Act. or sectivm 206 of the Energy Reorganization Act of 1974. or any rule. 142 ~.
!i h^."- Ph I 71.71 le CFR Oi. I (1-1-98 EdlHan) --1 '3' Red' iced erferna7 pressure. An ex. (I) The equivalent of five (knes the Subpes4 F-Pechoge esed Special Form weigitt of the package; or ternal pressure of 24.5 kilopascal (3.5. l T** s psi) absolute. (H) The egtnivalent of 12.75 kHopes. (43 Increased erfers:sf pressure. An tal (1.85 lb/in') mtsitipHed by the ver-j external pressure of 140 kilopascal (20 HeaHy projected area of the package. A 71.71 f%eriseel canal 6(inna af tran peert. IIM hfMfion. Impact of the hem-l tc) Etwlmation. Evaltration of eac!t psip absolute. 8 package design under normal comti-(5) Ffbration. Vibrasion normally in-ispherleal end of a vertical stee; eylln-i der of 3.2 cm (1% int dienneter and six L tions of transport must inwlude a de-cident to transport. kg (13 lb) mass. dropped freen a height i termination of the etfeet on that (6) IFafer spray. A water spray that j design of the conditions and tests stwc-simulates exposure to rainfaH of ap. M one m (40 in) onto the exposed sur- - ified in this section. Separate speci-proximately five cm (two in.) per hotar i face M me package which is espected to be emist vulnerable to puncture. mens msy be used for the free drop for at least one hour. km axis of the cylinder misst be i l test. the comprevision test, and the (7) Free drop. Between 1% and 2% perpendictstar to the package surface. penetration test if each specimen is hours after the conclusion of the subjected to the water spray test water spray test, a free drop through before being subjected to any of the the distance specified below onto a other tests. flat. essentially unyielding. horizontal (b) Initial conditions. With respect su face, striking the surface in a post-to the initial conditions for the tests in tion for which ruximttm damage is ex-this section, the demonst ration of perted. For Fissile Class Il packages. compliance with the requirements of this free drop mtsst be sh"xd by a this Part must be based on the ambi. free drop from a height of 0.3 m (one l f t.) on each corner or. In the case of a ent temperature preceding and follow. cylindrical Fissile Class Il package. ing the tests remaining constant at onto each of the cuarters of each rim. that value between -29'C ( -20~F) and + 38 C (100*F) which is most unfavor-CnTEnA ron Fnf E DROP TEST (WEIGHT / rmble for the feattare under consider. DISTANCE) Etion. The initial internal pressure within the containment system minst be considered to be the maximum s%e. ens w rw>rmal operating pressure tantess a
- 9Py _
g lower internal pressure consistent with the ambient temperature considered S Q
- j' g lllQg y
to precede and follow the tests is more ,o ne,,,,s ono en.eno ss 33cnot es m unfavorabic. um**=.issoo tow w os m (c) Conditions and tests-(l) fleet. An ambient temperature of 38 C -' (100*F) in still air. and insolation ac-(8) Corner drop. A free drop onto cording to the following table-each corner of the package in succes-sion, or in the case of a cylindrical IsssotAtson Data package onto each quarter of each rim. from a height of 0.3 m (one it.) . _. _ _ onto a flat, essentisHy unyieiding. her-venas Z Q, tzontal surimee. This test applies only F-se ear==oa ca war. c~s to fiberboard or wood rectangular j packages not exceeding 50 kg (110 pounds) and fiberboard or wood cylin-r am * *==s*** =av Z 7 drical packages not exceeding 100 kg I DOUUd5I-Ftre osreer.o eue temasoned hcesrestasy Mut . ee,s= = (9) Compression. For packages weighing up to 5000 kg. the package ~ must be subjected, for a period of 24 (2) Cold. An ambient iemperature of hours. to a -., ve load applied . 40*C ( - 40'F) ln still air and shade. teniformly to the top and bottom of ( the package in the position in which 'The parkaste standards ressted to th, the package would reormally be trans- . tests in this subpart are coritained sn Suti. ported. The compressive load meest be part E. the greater of the following-213 - mo -
~ .~ 10 CFR Ch. I (1-1-9R Edse n} NedeerR C _1,e-- 5 iTD.s (33 FTt 1R924. Atte.1.196a. 33 fit $1587 tlt) Applying for or already has ap-(c) "Other predtsetson or utilization A nr. 15. 1968 as amer &d at 40 FTt 8794, plied for review. under 10 CFR Part facility means a facility other than a Mar 3.19758
- 52. Appendix Q. of a facility site prior nucicar reactor 16&nned by the Com-to the submission of an application for mission tmder the authority of section 5 170.2 Scape.
a construction permit; 103 or 104 of the Atomic Energy Act of F3 cept for persons who apply for or (1) Applying for or already has ap-1954. as amended (the Act), and purse-PART 17s--FEES FOR FACILITIES AND hold the permits. licen es. or approv. plied for review of a standardized ant to the provisions of Part 50 of this als exempted in i 170.11. the regula. spent fuel facility design; or MATEstAts UCENSES AND ON chapter. tions in this part apply to a person em> Applying for or has appIled for ef) Power reactor means a maclear REGULATORY SERVICES M weio is: since March 23.1978. review of an <a) An applicant for or holder of a item under the category of special reactor dessened to produce electrket THE ATOMIC ENERGY ACT OF 1954, A5 AMENDED specific byproduct material Itcense projects in this chapter that the Com-or heat energy licensed by the Com-issued pursuant to Parts 30 and 32 mission completes or makes whether mission under the authority of section through 35 and 29 ef this chapter; or not in conjunction with a license I63 or subsection 194b of the Act and pursuant to the provisions of U"*""""""" abi An applicant for or holder of a appikation on file or that may be specific source material Ikense issued filed. I 50.21(bp or E 50.22 of this (hapter. Sre-Purstrant to Part 40 of this chapter; f nl An appikut for or holder of a li-(g)" Production facility" means-(1) Any nuclear reactor designed e t cense. a pr val. determination. or 370s Purewr. (c) An applicant for or holdet of a used primarily for the formatten of other authorization issued by the 6tsons. plutoni-sm or aranitsm-233; or h mmissi n pursuant to le CFR Part 12p Any facility designed or tened for 170 4 Interpretations. w issued i an to rt 7 f this chapter. the separatbn M me botopes M wa-170.11 Exempt 6ons. (d) An appficant for or holder of spe-149 FTt 21301. May 21.1984 as amer +d at nium or the isotopes of plutontum. l 170 12 Payment of fees cif,c approval of spent IueI cRs s Rnd 52 FTt 8242. Mar.17.1987. 54 FTt 15399, Apr. cNeept laboratory scale facilities de-i 17320 Averare rest per professional staff-shipping containers issued pursuant to I8.19991 signed,of tnsed for experimental or an-hour. Part 71 of this chapter; g g 37s_3 p,fs,les"""- Senemen.r or Frrs (c) An applicant for or holder of a (3) Any fadlity destened w u (w As used in this part the processing of irradiated materials 370 21 Schedule of fees for prmfurtion ar$ sperme h te P utaltration factuties. rettew of standard tw spent f and (a "Bypr duct material ~ means any containing special nuclear n'aterial reference desic m approvals. special materials associated with spent fuel radioactive material (except special except: projects. and inspections. storage in an i.-g nt spent nel nuclear material) yicided in or made (i) Laboratory scale facilities de-17A31 Schedule of fees for materials ll-storage installation issued pur$Uant to radioactive by exposure to the radi-signed or used for experimental or an-g g g g renses and other reguistory serveres. In~ Part 72 of this chapter.- (f) An applicant for or holder of a ducing or utilizing special nuclear ma. tli) Facilities in which the only spe-cluding inspections. g f Hh ard terial. su rds pert 6or.s for specific apprwal of scaled smarces and cial nuclear materials contained in the fet "g,n,d sa devices containing by roduct material, (b) "Gmu.a.t agency" means any irradiated material to be y-a are p source material. or special nuclear ma-executive department, commission. in-uranium enrkhed in the isotope Um 4 ..t establishment corporation, and plutonium im?ad by the irrw D'rearmr"v terial; wholly or partly owned by the United diation if the material processed con-17xt Failure by apphrant or hremce to (g) An applicant for or holder of a States of Americs whkh is an instru-tains not more than 10
- grams of plu-pay prescribed fees.
production or utilization facility con-370 53 filaht to review amt appeal of p- struction permit. operating license or mentality of the United States, or any tonium per gram of U= and has fis-manufacturing license isstsed purstaant board. bureau. division. service, office. sion product activity not in excess of arrtbed rece-officer, authority, administration or 0 25 millicurie of fission products per Auvsmervv: 31 (LS C. 9701, 96 Stat. IOSI: to Part 50 of this chapter. or an early other establishment in the executive gram of U"; and ser. 303. Pub. I. 92-314. 86 Stat. 222 142 site permit, standard design certifica-branch of the Government. t?S C. 220s
- r. see. 20s. 88 Stat. 1242. as tion. or combined li&nse issued pursu-(iii) Facilities in which proerssing is amended (42 trS C 5s41 t ge,. Materials License" means a by-conducted pursuant to a license issued i
ant to Part 52 of this chapter, l Socwcr 23 FTt 19924. Aur.1. 39sa. 33 rit product material license issued pursu-under Parts 30 and 70 of this chapter. th) Required to have examinauons ant to Part 30 of this chapter. or a or equivalent regulations of an Agree-3 :5s7. Aur 15.1988. imtess otherwise noted and tests performed to qualify or re-source material license issued pursu-ment State. for the receipt. possession. i Gewrant. Paovisions. qualify individuals as Part 55 reactor ant to Part 40 of this chapter or a spe-use arut transfer of irradiated special ~ operators; cial nuclear material license issued nuclear material, which authorizes the e 173.3 Purpeae til Required to have routine and pursuant to Part 70 of th'is chapter or processing of the irradiated material The regulations in this part set o"t non-routine safety and safeguards in-a license for the storage of spent fuct on a batch basis for the separation of fees charged for licensing services re - spections of activities licensed pursu-issued pursusnt to Part 72 of this selected fission products and limits the dered by the Nuclear Regulatory Con ant to the requirements of this chap-chapter. process batch to not more than 100 mission as authorized under Titic V of ter. (d) "Nucacar reactor" means an ap-grams of uranium enriched in the iso-the Independent Offices Appropria. (p Applying for or is holder of an paratus, other than an stumic weapon. tope 235 and not more than 15 grams tion Act of 1952 (65 Stat. 290. 31 approval of a standard reference designed or used to sustain nuclear fis-of any other special nuclear material. U.S.C. 483a) and provisions regarding design for a nuclear steam supply sion in a self-supporting chain rese-th) "Research reactor" means a nu-their payment. system of balance of plant; tion. clear reactor licensed by the Conomis-522 523
7 g 179.12 10 CFR Ch. I (1-1-90 Edehen) Nocieer E g _ "_1, o - '5 170.12 or 194b of the Atomic Energy Act of to the applicant. AII application fees renewal of an early site termit or a full cost review must accompany Elw 1954. as amended. will be charged irrespective of the standard design certification issued appiscat son w hen it is filed CM7)IReservedl Commission's disposition of the appli-under 10 CFR Part 51 Each applicant det Approraf /ces. III Applicatioris C) A license authorizing the esse or cation or a withdrawal of the appbra-other than an applicant for renewal of for transportation casks, packages source material as shielding only in de-t lon. an early site permit. or a standard and shipping contairwr approvats' viera and containers, provided howev-Ib) License fees. Fees for applica-design certification will be billed at spent fuel storage facility design ap' er. that all other licensed byproduct tions for permits and licenses that are six month intervals for all accumulat. prevals, and constrtection approvals material, source material, or special subject to fees based on the full cost ed costs on each application that the for plutonium fuel processing and fab-nuclear material in the device or rora-of the review are payable upon notifi-applicant has on file for review by the rication plants must be accompanied tainer will be subject to the fees pre-cation by the Commission. Except as Commission until the review is com. by an application fee of $150 scribed in I 170.31. provided below, each applicant will be C) A lleense for possession and use billed at six-month intervals for all ac-pleted. Each bill must identify the ap. (2Mit There is no applicatlon fee for plicathms and the costs related to standard 6 zed design approvals or certi-of byproduct material, source materi-cumulated costs for each application each. al. or special nuclear material applied the applierant has on fik for review by fications issued under IO CFR Part 52 for by, or issued to, an agency of a the Commission until the review is (2) Fees for review of an application The full cost of review for a standard $ State or any political subdivision completed. There is no application fee for renewal of a standard design certi. twd design approval or certificathm thereof. except for licenses which au-for early site permits issued under 10 fication shall be deferred as fonows. minst be paid by the holder of the thorize distribution of byproduct ma-CFR Part 52. Fees for the review of an The full cost of review for a renewed design approval, the applicant for cer-terial. source material. or special nu-application for an early site permit are standard design certification must be fification. or other entity supplying clear material, or products containing deferred as follows: The permit holder paid by the applicant for renewal or the design to an applicant for a con-byproduct material, source material. shall pay the appilcable fees for the other entity supplying the design to sinaction permit. cornbined license or special nuclear material. or licenses permit at the time an application for a an applicant for a construction permit issued under Part 52. or operating li-authorizing servkes to any person construction permit or combined li-combined license issued under Part 5f cense. as appropriate. In five (5) equal installments. An installment is pay-or operating Ikense, as appropriate' ll. able cach of the first five times (tw ap-other than an agency or political sub-cense referencing the early site permit in five (5) equal installments; an insta division of the State. is filed. If, at the end of the initial ti!) Activities of the Commission un-period of the permit. no facility appli-ment is payable each of the first five proved / certified design is referencett dertaken, pursuant to Part 75 of this cation referencing the early site times the renewed certification is ref. in an apphrathm for a etmstructiem chapter, solely for the purpose of im-permit has been docIteted. the permit erenced in an applicatkm for a e twrmit. combirwd hcense issued esmter plementation of the US/lAEA Safe-holder shall pey any outstanding fees struction perrriit nimNnnt Iht 10 CFR Part 52. or operating license guards Agreement. for the permit. Each bill must identify o ersting license The applicant f In the case of a stamfard design certi5 (bxil The Commission may. upon the applications and costs related to renewal shall pay the instaHment-fication. the applicant for certificathm shall pay th-installment, emless nn-application by an interested person, or each. Fees for applications for materi-DD "a 8e other entity is supplying the design to upon its own initiative. grant such ex-als licenses riot subject to full cost re-the applicant for the const ructi m emptions from the requirements of covery must accompany the applica-structbn permit mmN h this part as it determines are author-tion when at is filed. <>perating IM. In wM w 'h permit. mmbined license. or operating ized by law and are otherwise in the (c) Amendment fees and other re-other entity shall pay the installment. w in = ch case the other entity public interest. eteired approtels. Fees for applicatioris if the design a,s not referenent, or of all shall pay the installment (2) Applications for exemption for license amendenents. other re. costs are not recovered. within ten tiiM A) in the case of a design which under this paragraph may include ac-quired approvals and requests for dis. years after the date of renewal of the lias been approvnt but vmt certified tivities r;-*. as, but not limitnf to. the maritling. decommissioning and termi. cntWeatimt. Hw appHeant fw reswwal mi fw wth no whh w m use of Winsed materials for educa-natioen of licensed activities that are sha!! pay the costs for the review of fication is pervling. if the deMm b mk tional or noncommercial public dis-subject to full cost recovery are pay. the application for renewal. or remain-referenced. or if all costs are not recov-plays or scientific collections. able upon notification by the Commg. der of those msts, at that time. cred. withen five years after the date of the preliminary design approval sion. Each applicant will be billed at (33 Fees for the review of an applica-133 m 19924. Aue.1.1968. as amended at 3a g pg33, y g m a46. Jan. 6.1971; 36 m 18173. Sept 10. six month intervals for all accumulat. tion for.enewal of an early site permit
- # "'"I 4IT)A. Ihe applicant shall pay Ihe 197t; 37 m 24029. Nov. It. 8972. 38 m ed costs for each application the appll-shall be deferred as follows-The 38443. July It. 3973; 43 m 7218. f&ts. 21.
cant has on file for review by the Com-holder of the renewed permit shall custs, or remainder of those costs, at that time; 1978. 45 FR 5e718. Ju!y 31.1980; 49 m mission, until the review is completed. pay the applicable fees for the re-2:382. May 21.19841 Each bill will identify the applications rwwcd permit at the time an applica (II) In flw case of a design which has and costs related to each. Amendment teon for a construction permit or com been approved amt for which an appli-5 179.I2 I'sysment of I"*- fees for materials licenses and approv-bened lice referencing the swrmit is cati <m for certificat6ers is pending' em (n) Applicatiore fees. Each applica-als not sub}ect to full cost reviews filed. If. w the end of tlw terwwal fees are dew sentil after the certifsca tion for which a fee is prescribed shall must accompany the application when period of the permit. no facshty appli-ti.m is granted. If the design is est ref crenced, or if all nests are ret rensv-be anompanied by a remittance in the it is filed. cation referencing the early site cred. wit hin ten years af ter the date of full amount of the fee. No application (di Reneteol fres (1) Fees for appli-permit has been docketed, tlw permit certificat sort. the applicant sh=Il gne will be accepted for filing or processed cations for rerwwals that are subject holder shall pay any outstandmg fees prior to payment of the full amostrit to full cost of the review are payable for the termit-the cmts. or remaemier of tImse cmt ' at that time. Specifini. Applications for which rm upon rmtification by the Commission-
- 44) Itenewal fees for materials le-o in alw case of a desien for a hich remittrnce is received may tw returned There is no fee for an applicativm for censes and approvals rmt subfect to a n rtificalvon has beere grasited. et th.-
526 527 I
$ 179.23 19 CFR On. I (1-1-90 Edinese) Nudeer3.._ 1,c-- design is not referenced. or if all costs month inteirvals to the licensee em. Scutoute or recitnv Fets-Corenu.d are not recovered, within ten years ploying the operators. ~,,,,,,,%.,,,,,,,,,,,, ,3,, - w=ma - ,,3,,,,,,,,p,,,,,,,,7,,,,,,,,,,,,,,, f7 * .S. W. W.,.T,,,,,,,*,,, yp,,3 after the date of the certification. the w applicant shall pay the costs for the FTt 21302. Mar 23.19R4. 53 FH 52648. Dec. . 7 *'S c **' **"" * *"** ~ ~ ~ CE.*.*,* O*." *,*,*,,',,*7*"****7M,
- ~=
- a**
review of the application. or remam' 29.1988. 54 fTt 15399. Apr. t8. l9891 a e.
- der ef those costs. at that time.
- """*"*" ""*.m c>.-.<m o n.r
,ac
- ==*==
- ,=ware, s -
,,,. _.* * * * * * * = (3) Fees for other applications that a 17e.28 Aversee ca.e per pe=fe==ian.
- 7. ~ *,*,*.*,, T,,, ",,
are subject to full cost reviews are pay-et.ff.gener.
- =oattaa. -
7,** SN S
- ** '**" *"' "' ** * **ge..sene e
,, c,, able upon notification by the Commes- 'S'***'*
- "*0****"*
- '*** 4=*==.d *,~ ~. E N,o,"."*."'%,,,'===,,,,,
f per W I h. a W - sion. Each applicant will be billed at ,3 3 six-month Intervals until the review is
- s= *i completed. Each bill will identify the 55 muaHHeauon and replacemnit a
.cm.nr== = = = +. ,,c ,,,,..,,gg,w,,,m,,,,e c,,,,,,,, ,, r,, .m, applications and the costs related to aminations and tests, othn reghd c u..wm, ,g,,,, .L*,,,,,y,*,,=7,== ** w,.,.m,-.e each. Fees for applications for materi. appmvals and inspectbus tmdn s.r .,m.,,.,,,,,,,. y * *== as..e m. 7,,, als approvals that are not sub}cet to il 170.21.17031 and 17032 will be cal-merer== w c r e ,,f** full cost recovery must accompany the culated based tspon the full costs for c m o, m, ^~~*""*"'""**%o.".'**a,* application when it is iiled. the review using a professional staff ""a***-.*8
- "*===****A
'**a'= .=."""n....-,.,,..,s. a = =v e=etaa tfp Special profect fees. Fees for ap-rate per her equivalent to the stam of sm .n. .m.. ,,O plications for special projects such as the average cost to the agency for a
- m-.".'"."*.
s.s w. g ,*,-r,,as=,==='s ac-, .,",'.'ap ===,=,,=,,= =. topical reports. are based on full cost pmfessional staf f member., including O_ ,- w e-w w. of the reviews and are payabic trpon salary and benents, adrmmstrative waana ,,3., N * **e-=**,a,. notification by the Commission. Each support and travel. The professional "'**""*'E******"a'* '==o==*= *ae y*"s==== e, w applicant will be billed at six-month staff rate will be revised on a fiscal n , o.,,, % e. c ,,,,,,,T*",*"r**=* Intervals until the review is cornpleted. year basis tasing the most current
- = war=== *
,8""*= *"'"'*"7,**
- =gm.,es.
Each bill will identify the applications fiscal data available and the revisest t a r._ ,,,,,,,,,,,, 7,,* g g and the costs related to coch. All ap. hourly rate will be published in the a.,,c,,,,,,,, [*, ,e*=, r, s plications filed purstrant to ( 170.31 FWat. RectsTra for each fiscal year 8'w==. oei-.=,s i re o,,,, ,,,,,,,,,,,,,, * = plication fee. professional staff rate for the NRC for ,,,,,,,,,,,,,g""*"*C****s="** l=*= *c==e
- g g **, Q w,*=
must be acmmpanied by the $150 ap_ if the rate increases or decreases. The C,*,**,',,=,,=*,,,*,..,,,,,,,,,,Q*****
- con, tg) Isispection fers. Fees for all rou.
FY 89 is $86 per her. ,== ,,,,,,,,,,,,,c,,,,,,,,,,,p tine and non routine inspections will 153 Fft 52648. Dec. 29.1988 3 'S**h"* C*=*=r*== Nae ta co. C#.',***,*,*.*,,*,,*,.*********"***'Q be assessed on a per inspection basis. Ca**'"'"* 'ra'= f *===,e e e.aw
== se was and will be billed quarterly if they are Scurnetz oc Frrs , ' * < =
- d*
.,",,,"g,_a***"***,,,, g*ye m *
- e. e.
based on full ctst recovery. Inspection e ,. '"',,",,,j,,L.""*,,*,,,.,.,*.g ,g,,,,,, fees for small mate +ials programs are 517e.28 Setiedwie of fne for praefertiese
- ===,.,--*m==,w U,.e
, "w ",,,,$ *,* Z,,,7,,, billed upon completion of the inspec-eaal etilizeeien ferilities. aniew of
- "" y Sm **
tion. Inspection fees are payable upon ,4mederd referesore de* ira appre'ela. am,o,",,,',,,,,,,,,, [,# "*' ,'",,",,",,",,,,,,,';,,',',E,,,',=y a. notification by the Commissiort In-mycesel projects.and ; r ~ n
- "r**=*"
s,n,,,.
==*-,e
- y. x_-
,,,, ** Z spection costs include preparatior' Applicants for construction permits. "*******"'*"*='**'w 1 N 7e"n. # ** '** a time time on site and documentation manuf ai turing licenses. operating li-
- "**'"**'**'""***,,,,M'e~ee."
time and any associated contrarttnal wnses. approvals of facility stapelard 'd co* service costs but exclude the it*ne en' reference designs requalibration and 153 Fit $2648. t>c. 29. IMS. as amen c s se volved in the processing and issuance ~ ~ ' " * ' ^-- t=.-=. re c., replacement examinations for reactor 54 FR 15489 AP' t#. IM9. 54 F'It 2542 of a notice of violation or civil penalty.
- N operators, and special projects and th) Afefhoef of pairment, Fee pay-holders of construction permits H-
- S'*""*'*'"
ments shall be by cherit. draft. or gm ""."s*.".*.*. 'd eow '"' I** ""'"E*8* h-censes, and other approvals shall pay money order made payable to the U.S. fees for the following categories of r C,, ~,. T.,f",T **** g ;* '"*d'**-r-, -" ""- N *"* i"*- ~ - ~ ~ ' Nuclear Regulatory Commission. 3,gg fly Perf 55 reencare fees. The costs for , y =,-*,.sa-Applicants for materials Iscenses a,,, c Part 55 review services will be subject in, ., _ '**"**
- other reentatory services arwt imiders p
g, %,3 y,g e--or to fees based on NRC time spent in ad- %7,% g * **,,f= * * 'a,=-s a-,.m , e.e E
- .,*,,,",*,,,*"*,,",,.7,;
t he followine categories of sert of materials Ierenses shall pay fees f, ministering the examinations and 'S***"'***"d'*"*"' e e tests that are generally given at the y , ~,,, ,,,,,,,,,,,,,,,,,,,,,Q*an,,=,aia* .wa* This sefwvfule inclextes fees for heaitCi reactor site and any related contrac-s.,,,.,-,.e.,,,,,, arwf safety, arwf safeguards inspe.ctin, tual costs. The etsts also include relat-Q,,,*,,*,"f' * **"",.$', ", u here applicable. , %,,,,n,,,,,,, ed items such as preparme, retsa wme. m m.ae.er e,,,. ,,,,,,m , m,., and erading oi the cxamenatmns and D**w*'*,",*,,*j" e es.-=== 4*,,*.Q. %,,,,,,,.. ,,,,s,,,,,,. g,,,,,,,,,,,,, ,,e une tests. The costs will be belled at sex-ceae--ei - eie -.=,e se aw 528 529
e 8 95 a-t hhlhh I "j " g ~ i ll 7 ftJ1'It iipjpilj ml[;y y, 3:33,,.g f ,l j! !} j'[jf[td,1;fjjfj@If;9jjyIyl;gijih]'Il i.> E = bb !!$ (( f(((( ! j.ia j!:IM 'ifi' liyl Ima imi
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- t
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- l
lijl ll11l1 kLp"l I!! 3 1 ?j Q l {c.I"i 1: $ q ill kji l j a j q i p j 0 1lli 5 1 33 3 jj j!ni _$1% i N jrls - q pin ~ 9 - e i g>,,,..n,il :,,io. w. i m g et W w; in; i
- u, 1
p b f ihJa'nl* l m, ti;!v,!esaqMiiwimWO.p, ~l:q, e I ~r ; Hichu h lo I l ! l- ~ 2 i ' ' la !!- it! !! !!I!! !!n !! _ lis t
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- ~
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- f f170.32
- le tra ch. I (1 19e 1%e%s.) ' me w., _ _ _ _ _ ear -.e w .e e== ~ as e a -. r e.ess ,ei asenren es.e., ce e =ce er sa
- e. cue== es. er ew e,.a e.
es.s. e k.ae t e.spros,see te t. e,xe,.ps.o.,5 e,y see, .a 9 e se ene.a. aeree.e my 9 e70 29 er e.g g.g es. grweme apphesmo, e., tw.ecen esmag r e.repe eies i .w.e.e et. tote.em
- eers t, es,s ehe e.
se eseem a. comer..co s.ig nos. one,.e ym a e., en.c. ime ese.a.e e.3 ' e,ssersteses ser - ca
- camp, agek.shea es.
- toe.m e.,., e n.,,. .ne sv,ceio.e-..ae
- n. c.a. oc.e
,A e,ie see no==.*e*nmg. . arco=== =w m, e. p eue.e e,saremaa s ser o. m y. ensee a mer s.e,.ees.ca.oraptecee.5s.e ec.si e 48 es. teeny,ry s sens eier.gz. es.RI$ f. __ ;__, __ Wer.t.t. et.steeg 3,ege egg mut.t e.8 rf 8 esee. esidy m8. e. 9 Pet.e so-c.c.s - er e.g ag P9 et CD been .easse.e. e cas,p eA saa e9. FA. *A. S.ee. #eA. torme dhestree 9, er me.e men.w and acu m.k.a.sseraries ter.u up A b eCo a.ss 99e e m. se 12. st. secg.sae gnW pay ens.hc. a.sep t.w oe.Or
- ei, s ca ss==
ce.e
==o em reser mer-ei = wome .an e em er ac.er$.ebut ef Ap.she. se_ ene me e. accan, =egs e, s.serasp. e = ear.w = . =e pay we assacarse appteghen gr a em.ss. ser 8categoy 9c army s-Apph ser - _- er an ee ecse.e nomes es. taters ne. mis a,,,
- r., e men e.was e wi.asse asnoyee.c s%
s S e.e r e mesa ch cammy.-y..et.aps eine es,peco.- tr.us er -i_ e es. e m _ a6.si t - enese swee es. e h. e 6, as. ehene ca. e4 e y.s er _ so.,neess een =es. c.ois e w ces.cww. er.ern - se==,4 vs. 2,A. o.a, e env. es. s..=esseave iep.cena n..e t. ige e.s e oA, ease mie et e t. aA. c.pe an e a eena e.6 an s><c am c.no are, e.mme er sese..an e. e.amar. e .e e r.ea ae m
- v. c_
.- a ecc.e. c.==s. e esece.ee f*rearee e.se -- _
- M -
eer.=mmen e. e 153 FR S2649. Dec. 29.1988; $4 PR 3554 - b, s. , c eae _ - - es=. aa p Jan 24,19491 apsm mm.nensee ec.nas er as ew e.smen t.w a.nwien an. cue.,e,,e== eie,ec=,= a.s,s.m e =a.s
- ** s'a**=8 -
- : a. ** * <== e=8 5 579.32 Scisedale of fees for leeelete said .e, en. _ -- _ - we .e e Esseem.e, s.o estety. esed enfermords leapectiasse for e,==,. c,, ei. en aessnesmans toen w es. cas.um,==as as.se, a een e.
- w== mi
.c***** sumsterlate Ilecena en o no of aren
- e. e e can.onne.,A T": 'Ie,# "8 r."
E.e's$3n'".e,'#.'"t", Materials licensees shall pay inspm e co-wa = orco-emac. - tion fees as set forth in i 170.3I. =,aoencanoa e, e s im e2er
- a****c=*
- = - - :
e.s.,=ca ew.'a e ease. w a ********"en".*, ts3 rn 52652. Dec. 29.19 eel .== n. e. sme.a e e c.ae., a.s,, e. er e s,- nepoectneewy e e.,.,.e ca g.,,
,w e e asen An a.s.s.ammaa cor om.ne.c=
- m. er== = cam e.
se a etenee ce ess.o.e e.e es,=, en,. e e e.,c,s.,,.a.e,e.e 5 170.48 Failure by applieset er faceseee a, e. s r. e =,, e,a ae.c e *. v.6. e.cc.,,,.., e ,,s. c g, Pay r - g,,,, c so.
- w. as,
,,,,.,,,,e,,,,,,. f,,T,,.,,,,,""e"",,,",,.T,,,e,,,,,J,, e - - In any case where the Commission we *. .,es..se. -.=e finds that an applicant or a licensee r* e r== =.e s = "emeceoa =.- c.n= ce,,,,.w.,e e,. - .ie has failed to pay a prescribed fee re- =0***^
- ***==aa.==r=r*.s*
quired in this part. the Commission .' e 'me= e.e e.n, an.e.w .e am e..un.ce'*se e,.' e will not process any application and nr.a noes. -_w a c"a e e"e, s. ec ne *e""m..,w '"'e e s. es.e o'"' may suspered or revolte any license or n . c nicae n = sia. c.ge c we on-i w - approval issued to the applicant or li- @'*"',"*,*,*,*",*,,",',",*s,,*',',,*,*,*,,*,,,'"M"*"' tensee or may issue an order with re-m.=e ea *= em.=o.* e=a '.====e => cow.* = spect to licensed activitles as the Com-7,."e.%*'",,".*,*,",",.*.*O"*@ mission determines to be appropriate e
- e. c.oc - e =e t..em.e.s seemene.*s== ' or necessary in ordee to carry out the w
m.o cec = sm.c. e.n sim Pea,s provisions of this part. Parts 30. 32
- ca n,.
e, = c. sec.ans e 6 throusch 35. 40. 50. 61. 70. 71, 72. and c.oa "
- e. e t*so**e,a.r's *' e*n*e"r'
.*.*e e*n* e.' e + oe s c* c_ 73 of thischapter,and of the Act. eeess .e i => e.ss. cec e== cmes,.e tw ass e.mu es e.purg e mperm ; e*
- coa.=,e==
,d* 149 FR 213e9. Mey 21.19841 eaa wasse tam. se ce e. coes ce f ees m es.,smanas pg e s e. 4e.es. m..ee. rs.i me ma, es wm cea me te i
- a.. a.cee.,*i. as=====. e.,i.
517e.5I Itiates te ve,iew med appeal of pre-s ec. aa. w n a e,s n,=.==s e. m.. un. er m,= w. e g een. .neman w e. m. e as.ume ,e a== e ,a, ec,e. Att detWors. requests for review of men e .,,,,,c s e e. = ea '*a=W'.'.D the fees assessed and appeal or dis. =s .e e., es.c.o,. w a, e,a e b e e.n e. s, e.s 7sim.wt with the prescribed fee 6 cs ,e,,,,,,,.
- ".a**8"'.,**"*c".""".'*'"*.=.r'*.*.
tstaff hours and contractual) must be t .a.=,*e p _c e a e. me c e submitted in with the pro-i c"e "".",'"see"a "*""e"w."".a."*."a"'.'a"."*w"* ae. vislens of 10 CFR 15.31 ** Disputed .e n. c
- m e.
- J m.-
- ** w.
Debts."of this title. J pe egne e. s. a.m. - ** w _ cap.an, en sep ' * * * * * * * * * * * *e4*t**** f e9 FR 2:399 May 21.1984. 49 FH 24113. e.e.'=e".een=e"."e 'e, e Jaa. Po*sas.imt.ene a .'".'e s e.e Jeme 12.1964I p.-,eae.e.=,sre.e te so e e=* e,.w .e. cem., essecee s.-m 534
3.. .,E*m.40as y,A.=3 4_am..Md4 .. +. .7 ,.3 X m. E-a2 m ..z-. mm. 4 i h $N l", l hf N.
- ? '
/N. f.$ f(f$ h :f w, '" 4 $. ~,.. ' " n,p 4 f - l f.L.y h,ff [k - ykh . y g[hh h , h ., ~ .Vk : $p.;P.75..E.d$s;34$jfu._,qT 5 9, i l i . w '. s t;n.-. ~'..3...,,;. . t. y-.,,.. 7.
- y. : > +. m. -4 e
n .n n r ~, .,.y, ',v. 7 k. 'i', 1" i - .y {' gf y, y,.( q.- . Q.,, ' g '.g + 9 ,e Vg . i. n .,*..y (1 e k 4% "[. p, y.g. 3 m . ;4~. . yyn,y. y g.m. O 8i 8 g j ;' # g gj W Lff f -f 9 CC T SL.5t5ji kA%g%Qahtg@$4stuch4:;$in .!gh %k.dg%e iy k J.3 H lb @& j' dymQ$s%s h \\ 7/ g s Oi N Cl est E e g e
b, Besserah end Seeshd Freyams ah SEN IIF1492 stress em the structure of the meremme In edetion tine Mftins attachment-sheB be so desisned that femure under enesestve load woodd not emmenar tage ekluty of the partreme to uneet au other reststressents of this subpart.. Each attachement or other feature ese j! the outer surface of the partam8mm that emeld be used to lift the peekage must be removable or otherwhe ensa-ble of being h inoperelde for trees-port. or sher be desdened etth strength egulvelent to that required for liftens attachseente; (e) The enternal surface, as for as pretenemma* enay be easily decentemd-noted; (f) The outer layer of packasins wtEl avoid, as for as praetteetde, poetwas or i crewtoss where water misht emannet; and 1 (s) Each feature that to added to time 1 man *=== at the thee of transport and ! that is not a part of the packese, wel not reduce the safety of the pockese. tAsset.1731e3. es Fut lease. seer. no, tees. e t ge PR si2te..hsty 7.19831 j e se S 171482 - deaieen requiseumsmes $srType A poetsgem. In edetson to eseetens the seneral l da= syn requirvenents prescrtbed in I173.411 each Type A packestne shou be desisned se that: (a)'Dee assauest overeH external di-noension of the pechase is not less ! I 5171413 Enevnt desism, - - - - then le centismeters (4 inches); Except for a pockese that contains a (b) The cuenha, of ths packestna he-limited quantity or excepted instru. corporates a feature, such as a seat, ment or article under ll 173.421
- inst is not renduy breeltalde. and that, through 173.424 each pockese used whue Irnact, is evidence that the peck-for shipment of redlemettve amatertels age has not been opened. In the case shall be deelsned so that:
of peekages shipped tre exclustee use ! i (a) The packese een be easily han. closed transport vehtetes, the eerse ; died and property secured Ira or on a compertament asmy be sealed Irtsseed of ; i conveyance during transport; the Individuet panemmar (b) A packese with a groes welsht (c) As far as practicelde, the exter-i exceeding 10 kuesresas (22 pounds) nel surfaces are free freen protrusteens and up to 50 kilosreses (lle potands) and are designed and firtished so that has a neeens for manual handlins; they can be easily decentesunneled; (c) A pockese with a groes weight of (d) Containesent and sideklins 50 kilograms (119 pounds) or more een would be aneintained during transpor-be safety handled by unechantent tation and storage in a temperature means: rense of -4t C (-40F) to WC ; (d) Emeh Ilfting attachement on the (ISS F) wtth secount betns taken of packese. when used let the Intended the possibGity of brittle fractuse; i menner, with a minknum safety factor (e) It is otde to withstased the effects f of three. does not lumpe== en unsafe of any neeeleretten, vtbration,or Thrm- { l, 743
x g 173,413 49 GE On. I 061-89 Benen) - tion resonenee that, sney arise during (2) Any significant increase in the norsnel transportetton, without any radiation levels recorded or calculated deterioration of the effectiveness of at the external surfaces for the condi-closing devlees or of the integrity of tion before the test; the pan *mme as a whole and without (n) Each pararaming designed for lig-loosening or unintentional release of utds wSI: nuts, bolts, or other securing devlees (1) Meet the conditions prescribed in even after repeated use.- paragraph (m) of this section when (f) It includes a containerent system subjected to the tests speetfied in l securely closed by a positive fastening i173.488 or evaluated against these i device that cannot be opened uninten-tests by any of the anethods author-tionally or by pressure that anny artse Ised by 9173.461(ar. within the p=,arame during nornnel (2) Por any package with a liquid transport. Spectat forin, as dennon-volurne not exceeding 50 cubic centi-strated in accordance with i173.400 meters (1.7 fluid ounees). have sufft-may be consMered as a component of cient sesitable aanmarbent anaterial to the containneent systems; absorb twice the vehnee of the liquid C) The materials of the peeknetng contents. The absorbent aseterial shah and any components or structures are be counpatible with the neremme con-phy=neany and chessically compatible tents and suitably positioned to con-with each other and with the contents. tact the liquM in the event of leakase; taking into account the behavior of and each under Irranuman="t; (3) Fbr any pacarmee with a ligtald (h) For each cosaponent of the con-voluene exceeding Se cubic centimeters a tainment systeen account is taken. (1.7 fluid ounces).elther: where applicable, of radiolytte decom-(1) Have sufflelent absorbent anaterl-position of materials and the senera-al as prescribed in paragraph (nM2) of tion of ses by chennical reaction and this section; or radiolysis; (11) Have a contairmnent systeen com-(i) The containssent system wH1 posed of prinnary Inner and secondary retain its radioactive contents under outer containement, counponents de- + i the reduction of ambient pressure to signed to assure retention of the liquid [ .25 LEograms per square centimeter contents within the secondary outer i i (3.5 pounds per square Inch); components in the event that the prl-U) Each valve through which the re-mary Inner cessponents leek; and dioactive contents couM otherwise (o) Each package designed for cess-escape is protected against nemense and. pressed or uncounpressed seses cther i and tenauthorised operation than tritium or arsen-37 not exceeding except for a pressure relief device, has 3rl curies wlH be able to prevent loss an enclosure te retain any leakase-of contents when the package is sul-(k) Any ;g " N shleM that en-jected to the tests yM in closes a component of the packaging i173.40s or evahseted against these specifled as part of the containment tests by any of the snethods author-systern wH1 preverit the unintentional leed by 9173.461(a).
==repe of that toenponeret from the shleM; 1Asadt.173-182. ge FR 19238. Star.10.1983 as amended at es FR 31218. July 7.19s31 G) of any tie h ath snent on the packasing tender exces-t sive load wn! not latmar the ablHty of i the pacermee to meet other regadre-unents of this subpart; (en) When subjected to the tests speelfled in I173.46E or evaluated against these tests by any of the sneth- -ods authorised by 8173.461(a), the l packaging wHl prevernt-(1) Imus or dispersal of the redleec-
- ,- tive contents; and 744
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-O g20111 19 CR Ch. I O-1-89 h) ,,,,g,,, g g,g,g,y em pg required information is included. (8) Por any shipments or any part of f of the new manifest reflects that the the Regional Administrator of the Copies of manifests required by this a shipment for which acknowledge-t girotempor is responsfble for the waste; nearest Comneh=% Restenal Office section may be legible carbon copies or ment of rempt has not twen recewed (3) Prepare all wastes so that the listed in Appendix D of this part when legible photocopies. within the times set forth in this we-weste is classified according to E 61.55 any shipment or part of a shipmeent (c) Each manifest must inc!ude a tion, cordhset an investigation in ac-and meets the waste characteristics re-has not arrived wette4n 60 days after certification by the waste generator cordant,e with paragraph th) of this j,a,, n;s in 161.56 of this chapter; the advance estan4fest was received. that the transported materials are section. (4) Imbel each package of weste to th) Any shipneent or part of a ship-roperly classified. described. park-te) Any waste collector licensee who identsfy whether it is Class A waste, mern for whleh acknowledge pent Is awed, marked, and labeled and are in hanilles only prepackaged waste shall' class B waste. or Class C weste, in ac-not received within the times set forth proper condition for transportation ac-(1) Acknowledae receipt of the waste cordance with 1161.55 and 61.5'I of in th4s section. mast: cording to the applicable regulations from the generator within one weelt of this chapter; (1) De investigated by the shipper if - of the Department of Transportation receipt by returning a signed copy of (5) Conduct a quality controf pro-the shippec has not recetved emotiftea and the Commission. An authorized the manifest or equivalent b..a uta-gram to assure compliance with tion of recetyt w9then 30 days after representative of the waste generator tion; shan sian and date the manifest. il61.55 and 61.56 of this chapter.The transfer.and (2) Prepare a riew manifest to reflect program shah include manneement (2) De traced and M Tlee let-(d) Any generating licensee who consolidated shipments; the new m.mi-evaluation of audita; vestlantion shan leselode trecens the transfers radioactive waste to a land fest shall serve as a listing or index for (6) Porward a copy of the new mani-shipment and filing a report with the disposal facility or a licensed waste the detailed senerator manifesta fest to the disposal site operator or collector shall comply with the re-nearest Conomise6ern Restort-* Office Copies of the senerator manifests waste copector at the time of ship-listed les Appendix D of this part. Each quirements in paragraphs (d M I' shah be a part of the new manifest. ment. or deliver 13 a conector at the licensee wtio conducts a trace Investi-through (8)of this section. Any gener-The waste collector may prepare a t'me the waste is conected, obtainint sation shan file a written report w9th sting Heenser whe transfers waste te n new manifert without attaching the ocka l b.a n" of receipt in the the nearest Commisstoefs Newtonal licensed waste processor who treats or generator wif& W M the raew form of a sI(med copy of the manifest egggee,gth4r 2 weeks of completion of / repackages waste shah comply with manifest contains for each packsee or equivalent A-antation by the the investler.tlen. the requirements of paragraphs (dM4) the information specified in paragraph collector; through (8) of this section. A licensee (b) of this section. The collectcr licens-(7) Include the new mamJest with fn Mt sm. me. n. tes2. as amene d at shall; ce shah certify that nothing has been the shlpe o mt; 53 F1t 17989. 90ey it.19881 (1) Prepare all wastes so that the done to the waste which would invall-
- 48) Retain copies of original mani-waste is ciansified according to I 61.55 date the generator's certifleation; fests and new mentfests and documen-and meets the waste characteristics re-(3) Porward a copy of the new mant.
tation of acknowledgement of receipt quirements in i 61.56 of this chapter.- fut w the led disposal facHity opera-as the record of transfer of Heensed (2) label each package of waste to tot at the time of shipment; matettal required by Parts 30. 40. and identify whether it is Class A waste * (4) Include the new nianifest with 79 0f this chapter; and Class B waste or Class C waste. in ac-l cordance with 5 61.55 of this chapter. the shipment to the disposal site; m Fw any shW w part M a (3) Conduct a quality control pro ~ (5p Retain a copy of the unanifest shipment for which acitnow% "._an" gram to assure compliance with ^ - - h M hlMee is not received within the times set Il 61,55 and 61.56 of this chapter; the ment r$celtyt as the record of trans-forth in this section. conduct an Inves-wM1 inskrlat a requird by tiention in w A..s with parasraph program must include management W 16 M this depten (hlof this sectiert. evaluation of aMb (4) Prepare shipping manifests t and retain information from senerator W The W disposal farmty opera-tw shah: meet the requirements of Il 20.311 (b) manifests until d,isposittert is author-and (c) of this part; '"""'- - '~'* g i1) Ackrtowledae receipt of the waste (5) Porward a copy of the manifest (6) Por any shipmerets or any part of within one week of receipt by return-to the intended recipient, at the time a shipment for which acit.'~" Ing a signed copy of the manifest er of shipment; or. deliver to a collector nient of receipt is not received within ettuivalent b aatation to the ship-ci the time the waste is collected. ob. the times set forth in this section. con-2 Mhh I but - MWe talning acknowledgement of receipt in duct an investigation in accordance the form of a signed copy of the mani-with paragraph th) of this section. and transferred the waste to the oper-i fest or equivalent documentation from (f) Any Heensed waste procesaw who ator. The returned copy of the mani-fest or equivalent h..a utation shall the collector. treats or repackages wastes shalt: W4 ny J between (6) Include one copy of the manifest (1) Acknowledge receipt of the waste materials listed on the manifest and with the shipment; from the generator within one week of materials received; (7) Retain a copy of the manifest receipt by returning a simed copy of t (2) Maintain copies of aH completed and dm u..antation of acknowledge-the manifest or equivalent documenta-ananifests or egutvalent b -anta-merit of receipt as the record of trans-tion; tiors until the Cbmmission authorizes fer of licensed material as required by (2) Prepare a new manifest that their disposition; and Parts 30, 40. and 10 of this chapter; meets the requirements of paragraphs (3) 160tMy the shipper (l.c., the zen-and. (b) and (c) of this section Preparation erator. the collector, or processort and 276 ggg
- ry., -
3 i i f I i L r f f 4 I .(i f ENCIASURE B i >r i 1 ). b .i 8 i L h 1 i n N ur b ( h 8 r + f L h '? s i c b E 4 f ~1... e 1 f /45,Mk (dipWVhbv.4 y,%,,q.p,,y, g, gf p.tn..', m -yw,, s-9.o e ww -. so-w C "I" g i
.c 3 I-t f f f I 1 a i ENCLOSURE C I t i r 9 b h I e t I r 1 I l l l l l t i
l Citepter 3-Seseercle end $pecial Programs N fWM g U3.396 yng, gy_y. _ solid form or encapsulated. Each item the United StLies each thipper shall obta n layer consists entirely of metal, wood. till No rcdioactive muersal would bc a Certificate of Competent Authority for ceramic, or plastic. or combinations released from packages containing in massive solid form or each capsule the Each ti m t must either have no overall dimension mgri thereof, are exempt from the water Type B quantities of radioactive mate, spray test. rial. The allowable release of radioac-less than 0.5 millimeters. or must have and (es. and must additionally include the (ii) Free drop. Between 1 % to 2 % tivity from packages containing large - s.t least one dimension greater than 5 followins information: millimeters. Each item, or the capsule
- a. A detailed description of the n.aterial.
hours after the conclusion of the quantitles of radioactive material is material, must not dissolve or convert or if a capsule. the contents. Particular rei-water spray test, a free drop through a limited to gases and contaminated into dispersible form to the extent of crence must be ode to both physical and distance of 4 feet onto a flat essential-coolant containing total radioactivity i more than 0.005 percent, by weight, by chemical states. ly unyielding horizontal surface strik-exceeding neither 0.1 percent of the immersion for 1 week in water at pH
- b. A detailed v.mment of the desian of ing the surface in a position for which total radioactivity of the package con-6-5 end 68* F and a maximum con-any capeule to be used. including coreplete maximum damage is expected.
tents nor 0.01 curie of Group I radian-engineering drawings and schedules of ma' ti 1) Corner drop. A free drop onto uclides. 0.5 curie of Group II rar anu-r ductivity of 10 micromhos/ centimeter, terial. and m f comt each corner of the package in succes-clides e.nd 10 curies of Groups Ii! und end by immersion in air at 86* F. If in he sion. or in the case of a cylindrical IV radionuclides, except that for inert massive solid form. the radioactive ma-been done and their results. or evidence terial mast not break, crumble, or based on calculative methods to show that package ento each quarter of each gases the limit is 1.000 curies. shitter if suojected to the percussion the material is capable of meeting the tests. rim. from a height of I foot onto a flat (2) Test conditions: The conditions test prescribed in this section and or other evidence that the special form ra. essentially unyleiding horizontal sur-which the package must be capable of l must not melt, sublime. or ignite at dioactive material meets the requirements face. This test applies only to packages withstanding must be applied sequen-i temper 0.tures below 1.000* F. If encap-of peraeraphs (aMI) thru (4) of this section. which are constructed primarily of tially, to determine their cumulative wood or fiberboard, and do not exceed effect on a package, in the following sulated. the capsule must retain its Cb) Standards for Type A packaging 110 pounds gross weight, and to all order-contents when subjected to all of the (1) Type A packaging must be so de-Fissile Class II packagings. (1) Free drop. A free drop through a performance tests prescribed in this signed and constructed that, if it were (it) Penefrnfion. Impact of the hemi-distance of 30 feet onto a flat essen-section. and must not melt, sublime. or subject to the environmental and test spherical end of a vertical steel cylln-tially unyielding horizontal target sur-ignite at temperatures below 1.475" F. conditions prescribed in this para. (1) Free drop. A free drop through a der I% inches in diameter and weigh-face. striking the surface in a position graph. ing 13 pounds. dropped from a height for which maximum damage is expect-distance of 30 feet on to a flat essen-(1) There would be no release of ra-of 40 inches ento the expoed surface ed. t tially unyielding horizontal surface. dioactive material from the package. striking the surface in such a position (ii) The effectiveness of the pack" g-of the package which is capected to be (ii) Puncture. A free drop through a a most vulnerable to puncture. The long distance of 40 inches stritting. In a po-as to suffer maximum damage. ing would not be substantially re-axis of the cylinder shall be perpen-sition for which maximum damege is (2) Percussion. Impact of the flat duced; and dicular to the package surface. expected. the top end of a vertical cy-i circular end of a one inch diameter (iii) There would be no mixture of steel rod weighing three pounds. (v) Compression. Fbr packages not findrical mild steel bar mounted on an gases or vapors in the package which more than 10.000 pounds in weight, a essentially unyleiding hortzontal sur-dropped through a distance of 40 t could. through any credible inenase compressive load equal to either five face, the bar shall be 6 inches in diam-i inches. The capsule or material shall of pressure or an explosion. signifi-times the weight of the package or 2 eier, with the top horizontal and its be placed on a sheet of lead, of hard. cantly reduce the effectiveness of the pounds per square inch multiplied by edge rounded to a radius of not more ness number 3.5 to 4.5 on the Vickers ser.lc. and not more than one inch package. the maximum horizontal cross section than one-fourth inch. and of such a (2) Environmental conditions; of the package. whicheser is greater. length as to cause maximum damage thick. sapported by a smooth, essen-(1) Heat Direct sunlight at an ambl~ The load shall be applied during a to the package, but not less than 8 (Mily tmylelding surface. C) &ating. Heating in air to a tem. ent temperature of 130" F. In still air. period of 24 hours. uniformly against inches long. The long axis of the bar perature of 1.475* F. and remaining at (11) Cold. An ambient temperature of the top and bottom of the package in shall be perpendicular to the unyleid-that temperature for a period of 10 -40" F. In still air and shade-the position in which the package ing horizontal surface. minutes. (iii) Reduced pressure. Ambient at-would normally be transported. (iii) Thermal Exposure to a thermal (4) Immersion. Immersion for 24 mospheric pressure of 0.5 atmosphere (c) Standards for hypothetical acci-test in which the heat input to the hours in water at room temperature. (absolute)(7.3 p.s.l.m.). dent conditions of transportation for package is no less than that which The water shall be at pH6-pH8. with a (iv) Vibration. Vibration nonnall? Type B pacuagings: would result from exposure of the m2ximum conductivity of 10 microm-incident to transportation. (1) Type B packaging must meet the whole package to a radiation environ-hos/cm. (3) Test conditions: The packaging applicable Type A packaging stand-ment of 1.4'l5' F. for 30 minutes with j shall be sub}ect to all of the following ards and must be designed and con-an emissivity coefficient of 0.9. assum-Non 1: Each shipper of special form ra-tests unless specifically exempted structed and its contents so Umited ing the surfaces of the package have i diowtive material shall maintain on file for Et least one year after the last shipment. therefrom. and also to the consecutive that. if subjected to the hypothetical an absorption coefficient of 0.8. The and be prepared to provide the Department. application of at least two of the fol-accident conditions prescribed in this package shall not te cooled artificially 1 a complete certification and supportins lowing tests from which it is not spe-paragieph. It will meet the following until 3 hours after the test period safety analysis tsee Note 23 demonstrating cifically exempted: conditions: unless it can be shown that the tem-that the special form material meets the re-(i) Water spray. A water spray heavy (i) The reduction of shielding would perature on the inside of the package autrements of parasraph aan of this section. enough to keep the entire exposed sur. not be criough to increase the radi-has begun to fall in less than 3 hours. This requirement is ef fective December 31. face of the package except the bottom atton dose rate at three feet from the tiv) Water immersion (fissile radio-continuously wet during a period of 30 external surface of the package to actite materials packages only). Im-Non 2: Prior to the first shipment of a special form radioactive material outside of minutes. Packages for which the outer more than 1.000 millirem per hour. mersion in water to the extent that all ; I 627 628
~............ N g a e =/ t 4 t i ENCLOSURE D . n i b -'j # + F}}