ML20056G254
| ML20056G254 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 08/12/1993 |
| From: | Selin I, The Chairman NRC COMMISSION (OCM) |
| To: | Glenn J SENATE, GOVERNMENTAL AFFAIRS |
| References | |
| 2.206, CCS, NUDOCS 9309020321 | |
| Download: ML20056G254 (3) | |
Text
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%, y ' , / August 12. 1993 EDO r/f CH AIRM AN JTaylor JSniezek HThompson JBlaha The Honorable John Glenn, Chairman h'D*I y Committee on Governmental Affairs OCA United States Senate RStransky, NRR Washington, D.C. 20510-6250 TMurley, NRR
Dear Mr. Chairman:
Our letter of November 25, 1992, provided you with the status of the Commission's activities with respect to a proposal by the Cleveland Electric Illuminating Company to build a low-level radioactive waste processing and storage facility for its Perry Nuclear Power Plant.
Since that time, the Office of Nuclear Reactor Regulation of the V. S. Nuclear Regulatory Commission has issued a Director's Decision regarding a petition filed by the Lake County Commissioners pursuant to Section 2.206 of Part 2 of Title 10 of the Code of Federal Reaulationi. A copy of this decision is enclosed. In the petition, the Lake County Commissioners requested that the ,
NRC hold a public hearing before the facility was constructed, and that construction of the facility be suspended until an environmental impact statement could be prepared and the NRC implemented new regulations regarding the long-term storage of radioactive waste. In the Director's Decision, the requests made by the petitioners were denied on the basis that the construction of the facility was in compliance with existing NRC regulations and guidance. A supplement to the original Director's Decision is being drafted in response to an appeal by the Lake County Board of Commissioners.
We will not consider the Director's Decision to be final until the supplement is prepared and the Commission has had an opportunity to review it.
We will continue to keep you informed of developments as the NRC's review progresses and will be pleased to provide a briefing on this matter at any time. If I can be of further assistance, please let me know.
Sincerely,
)w Ivan Selin
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Enclosure:
DD-93-05
{h cc w/ enclosure:
Senator William V. Roth, Jr.
20003). ;
Originated by: R. Stransky, NRR l
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9309020321 930812 <-
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The Honorable John Glenn, Chairman Committee on Governmental Affairs United States Senate Washington, DC 20510-5250
Dear Mr. Chairman:
Our letter ofx November 75, 1992, provided you with a status of the Commission's activities with respect to a proposai by the Cleveland Electric Illuminating Company to build a low-level radioactive waste processing and storage facility for its Perry Nuclear Power Plant.
Since that time, the Office of Nuclear Reactor Regulation of the U. S. Nuclear Regulatory Commission has issued a Director's Decision regarding a petition filed by the Lake County Commissioners pursuant to Section 2.206 of Part 2 of Title 10 of the Code of Federal Reculations. A copy of this decision is enclosed. In the petition, thestake County Commissioners requested that the NRC hold a public hearing before'the facility was constructed, and that construction of the facility be suspended until an environmental impact statement could be prepared and the NRC implemented new regulations regarding the long-term storage of radioactive waste. In the Director's Decision, the .
requests made by the petitioners were den'ied on the basis that the ,
construction of the facility was in compliahce with existing NRC regu'ations and guidance. However, a supplement to the original Director's DecisioT is being drafted and the Director's Decision cannotxbe considered final unt'l the supplement is prepared and the Commission has had'an opportunity to revw w it.
N We will continue to keep you informed of developments'as the NRC's review progresses and will be pleased to provide a briefing on'this matter at any time. If I can be of further assistance, please let me know.
Sincerely, Ivan Selin
Enclosure:
l DD-93-05 cc w/ enclosure:
Senator William V. Roth, Jr.
DISTRIBUTION See attached page
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DISTRIBUTION i Docket File (w/ incoming) )
NRC/ Local PDRs '
ED0#930007 EDO Reading i J. Taylor J..Sniezek H. Thompson J. Blaha T. Murley/F. Miraglia J. Partlow J. Partlow's Secy J. Roe J. Zwolinski J. Hannon M. Rushbrook R. Stransky (w/ incoming)
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ENCLOSURE
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3 . D ' e,.E NUCLEAR REGULATORY COMMISSION
( ! WAS HIN GTON. o.C. 20555
'....* March 28, 1993 Steven C. LaTourette, Esq.
Lake County Prosecuting Attorney Courthouse, P.O. Box 490 7 Painesville, Ohio 44077 .
Dear fir. LaTourette:
On September 29, 1992, you submitted a Petition pursuant to Section 2.206 of Title 10 of the Code of Federal Reculations (10 CFR) on behalf of the Lake County Board of County Comissioners, requesting that the Director, Office of r Nuclear Reactor Regulation, take certain actions with respect to the proposed construction of an onsite, low-level radioactive waste storage facility at the '
Perry Nuclear Power Plant. Your Petition specifically requested that (1) a ,
. public hearing be held prior to the licensee's construction of such a facility, and (2) the construction of the facility be suspended until (a) either the NRC or the licensee produces an environmental impact statement assessing the risks of onsite storage of low-level waste and (b) the NRC promulgates regulations for storing low-level radioactive waste at nuclear '
power plant sites.
On October 21, 1992, I acknowledged receiving your Petition and indicated that the staff would take action on your requests within a reasonable time. I also indicated that your request that the NRC promulgate regulations for storing low-level radioactive waste at nuclear power plant sites was subject to the ,
requirements of 10 CFR 2.802 governing petitions for rulemaking. Therefore, that portion of your Petition is not considered in the enclosed Director's '
Decision. However, the NRC has recently published a proposed rule regarding procedures and criteria for onsite storage of low-level radioactive waste.
A copy of this proposed rule is enclosed for your information. <
For the reasons stated in the enclosed Director's Decision under 10 CFR 2.206 (DD-93-05), your specific request for actions with respect to the Perry facility has been denied. We note, however, that the recent publication of ,
the proposed rule regarding procedures and criteria for onsite storage of low-level radioactive waste, as described above, would appear to address, in part, one of the concerns expressed in your Petition. A copy of the Decision will be filed with the Secretary of the Comission for the Comission's review in accordance with 10 CFR 2.206(c). As provided by this regulation, the :
Decision will constitute the final action of the Comission 25 days after the ;
date of issuance of the Decision, unless the Comission, on its own motion, ;
institutes a review of the Decision within that time. Copies of the Decision ,
will be placed in the Comission's Public Document Room, 2120 L Street, N.W., I Washington, D.C. 20555, and in the local public document room located at the I l
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.. Mr. Steven C. LaTourette March 28, 1993 !
Perry Public Library, 3753 Main Street, Perry, Ohio 44081. For your !
infor: nation, I have also enclosed a copy of the notice regarding this Decision :
that has been filed with the Office of the Federal Register for publication. l 1
Sincerely, l 111 _ _ s, ,
Thomas E. Murley, Director M !
Office of Nuclear Reactor Regulation j i
Enclosures:
i
). Director's Decision (DD-93-05 )
- 2. Proposed Rule on Procedures and Criteria for On-Site l Storage of Low-Level Radioactive Waste (58 FR 6730) i
- 3. Federal Reoister Notice i i
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7590-01 8
l UNITED STATES NUCLEAR REGULATORY COMMISSION CLEVELAND ELECTRIC ILLUMINATING COMPANY. ET AL.
PERRY NUCLEAR POWER PLANT DOCKET NO. 50-440 :
ISSUANCE OF DIRECTOR'S DECISION UNDER 10 CFR S 2.206 Notice is hereby given that the Director, Office of Nuclear Reactor Regulation, has issued a decision concerning a Petition dated September 29, 1992, submitted by Steven C. LaTourette on behalf of the Lake County Board of County Commissioners (Petitioners). The Petition requested that the Nuclear Regulatory Commission (NRC) take action, so that (1) a public hearing is held prior to construction of an onsite, low-level radioactive waste storage facility at the Perry Nuclear Power Plant and (2) the construction of the :
storage facility is suspended until (a) the NRC or the licensee produces an environmental impact statement on the risks due to onsite storage of low-level '
radioactive waste and (b) the NRC promulgates regulations regarding storage of t
low-level radioactive wastes at nuclear power plant sites. The Petitioners asserted as grounds for thic m quest that the temporary storage will have to
- be extended beyond the current 5-year limit for temporary storage, necessitating licensing approval under 10 CFR Part 30, thus triggering the need for an environmental impact statement and a public hearing; the risk of ;
storing low-level radioactive waste on site was not envisioned in the original environmental impact statement; and the construction of a storage facility is a fundamental change in the operating license of the plant and a more significant change than anticipated by the 10 CFR 50.59 procedures.
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-g-The Director, Office of Nuclear Reactor Regulation, has determined to l
deny the request. The reasons for thir decision are explained in the I
' Director's Decision Under 10 CFR 2.206" (DD-93dD5), which is available for public inspection in the Commis'sion's Public Document Room, 2120 L Street, N.W. (Lower Level), Washington, D.C. 20555, and at the Local Public Document Room at the Perry Public Library, 3753 Main Street, Perry, Ohio 44081.
A copy of the Decision has been filed with the Secretary of the Commission for the Commission's review in accordance with 10 CFR 2.206(c). As provided in this regulation, the Decision will constitute the final action of the Commission 25 days after issuance unless the Commission, on its own moticn, institutes review of that Decision within that time period.
t Dated at Rockville, Maryland, this 28th day of March 1993.
FOR THE NUCLEAR REGULATORY COMMISSION T
Thomas E. Hurley, Director d Office of Nuclear Reactor Regulation i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION (Thomas E. Murley, Director)
In the Matter of )
) Docket No. 50-440 CLEVELAND ELECTRIC ILLUMINATING ) License No. NPF-58 COMPANY, ET AL. ) (10 CFR 2.206)
)
(Perry Nuclear Power Plant )
Unit I) }
DIRECTOR'S DECISION UNDE 9 L0 CFR 2.206 I. INTRODUCTION On September 29, 1992, Mr. Steven C. LaTourette submitted a Petition on behalf of the Lake County Board of County Commissioners (the Petitioners),
requesting that the Director, Office of Nuclear Reactor Regulation, take certain actions with respect to the proposed construction of an onsite, low-level radioactive waste storage facility at the Perry Nuclear Power Plant (Perry). The Petition specifically requested that (I) a public hearing be held prior to the licensee's construction of such a facility and (2) the construction of the facility be suspended until (a) either the NRC or the licensee produces an environmental impact statement assessing the risks of ,
onsite storage of low-level waste and (b) the NRC promulgates regulations for storing low-level radioactive waste at nuclear power plant sites. By letter ;
dated October 21, 1992, the NRC acknowledged receipt of the Petition and indicated that the staff would take action on the requests within a reasonable l time. The NRC further indicated that the portion of the Petition requesting
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d the NRC to promulgate regulations for storing low-level radioactive wastes at nuclear power plant sites was subject to the requirements of 10 CFR 2.802 l 1 governing petitions for rulemaking. Therefore, that portion of the Petition will not be directly addressed in this Decision. However, as discussed later, the NRC has recently published in the Federal Reaister a proposed rule on this subject. ;
In support of the requested actions, the Petitioners assert that (1) f the period for temporary storage of radioactive wastes in the proposed facility will have to be extended beyond the current 5-year limit for ;
temporary storage, necessitating licensing approval under 10 CFR Part 30, thus !
triggering the need for an environmental impact statement and a public hearing; (2) the risk of storing low-level radioactive waste on site was not envisioned in the original environmental impact statement for Perry; and (3) the construction of a storage facility is a fundamental change in the !
operating license of the plant and a more significant change than anticipated l j by the 10 CFR 50.59 procedures. The NRC staff has reviewed the Petition and ;
my formal decision in this matter follows. .
i II. BACKGROUND i
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q In August 1992, the licensee for Perry announced plans for the j construction of an interim onsite low-level radioactive waste (LLW) storage j 1
and processing facility, in anticipation of possible loss of access to the. I three disposal sites currently in operation in the United States. In response to concerns expressed by some local citizens groups regarding the facility,
the NRC held a public meeting near the Perry site on October 1, 1992. In September 1992, the NRC staff performed a preliminary review of the licensee's 10 CFR 50.59 evaluation for the facility and requested more detailed f l
information. The licensee provided a revised evaluation to the staff in :
October 1992, and the staff has completed its review of that evaluation. '
NRC Generic Letter (GL) 81-38, " Storage of Low-Level Radioactive Wastes at Power Reactor Sites," provides the NRC staff's current guidance on the design and operation of interim onsite LLW storage facilities. This guidance states, for proposed increases in storage capacity for low-level waste generated by normal reactor operation and maintenance at power reactor sites, the safety of the proposal must be evaluated by the licensee under the provisions of 10 CFR 50.59. If (1) your existing license conditions or technical specifications do not prohibit increased storage, (2) no unreviewed safety question exists, and (3) the proposed increased storage capacity does not exceed the generated waste projected for five years, the licensee may provide the added capacity, document the 50.59 evaluation and report it to the Commission annually or as specified in the license.
4 If a licensee determines that an unreviewed safety question exists, or if the design capacity or intended duration of storage exceeds 5 years, the generic letter specifies that a 10 CFR Part 30 license is required. The ;
- generic letter provides detailed radiological safety guidance and criteria
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used by the NRC staff in judging the adequacy of a licensee's safety I evaluation under 10 CFR 50.59. A number of licensees have constructed facilities in accordance with this guidance.
On February 2,1993, the NRC published a proposed rule in the Federal Recister en' titled " Procedures and Criteria for On-Site Storage of Low-Level Radioactive Waste" (58 FR 6730). The proposed rule would establish a regulatory framework, consistent with the goals of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA), for procedures and criteria r
applicable to onsite storage of LLW beyond January 1, 1996. The proposed rule reiterates the Commission's longstanding position that protection of the public health and safety and the environment is enhanced by disposal, rather than by long-term indefinite storage, of LLW. However, the NRC does acknowledge that State and compact efforts to establish regional LLW disposal sites are in many instances behind the schedular milestones established in the LLRWPAA. The LLRWPAA further states that the operators of the three existing disposal facilities could set additional restrictions on receiving LLW from outside their regional ccmpacts, effective ,1anuary 1,1993. Therefore, the NRC recognizes t'- actential need for some licensees to store their LLW on site until additional access to disposal sites becomes available.
The proposed rule would preclude a licensee from storing LLW on site F after January 1,1996, unless the licensee could document that it had -
exhausted other reasonable waste management options. The proposed rule would supplement, but not supersede, existing regulations and guidance. Generic Letter 81-38 will continue to provide the NRC staff guidance and criteria regarding interim onsite storage of LLW before January 1,1996, and also
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beyond that date for licensees who have adequately demonstrated and documented that all other reasonable waste management options have been exhausted. ,
III. DISCUSSION ,
i The Petitioners' first and primary assertion in support of the requested actions is that the licensee's proposed interim onsite LLW storage facility "will definitely have to be extended beyond the five (5) year limit for temporary storage." This assertion is supported only by the Petitioners' assumption that, because of the departure of Michigan from the Midwest Compact and the subsequent designation of Ohio as the host State for a disposal site, delays have resulted making it " inconceivable" that a permanent LLW disposal facility could be operating in the State of Ohio in less than 7 years.
While it is possible that the State of Ohio will not have an operational LLW disposal site in 7 years, no further information is presented to support the certainty of the Petitioners' assertion. The Petitioners fail to address other possibilities for disposal of LLW generated by the licensee; in fact, they acknowledge that the Barnwell, South Carolina, site has agreed to accept ,
LLW generated at Perry through June 1994. If the licensee does not begin to store LLW on site until that time, 5 years of temporary storage would last until June 1999, more than 6 years from now. Within that time frame, it is entirely possible that an existing disposal facility will continue to accept :
LLW from Perry, or that new disposal facilities outside the Midwest Compact ;
will become operational and accept waste from Perry under the " contract" provisionsoftheLLRWPAA[section5(e)(1)(F)]. It is also possible that Ohio I I
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I will have an operating disposal facility by that time. Thus, there is reason to believe that disposal options will be available to the licensee. The NRC staff has reviewed the licensee's 10 CFR 50.59 evaluation concerning the onsite interim storage and processing of LLW and has confirmed that the ricensee has committed to follow the guidance of GL 81-38 regarding a 5-year limit on temporary storage. Further, the licensee will continue to ship LLW to the Barnwell facility under existing contracts through mid-1994.
Therefore, I find that the Petitioners have not provided a sufficient basis for the NRC to conclude that a 10 CFR Part 30 license is required at this time, based on their contention that the proposed facility will be operated for longer than 5 years. If the licensee subsequently chooses to request a Part 30 license, the NRC staff will evaluate the request at that time.
l The Petitioners also contend that the risk of low-level radioactive waste storage on site was not envisioned in the original environmental impact ;
statement for Perry. During the operating license review, the staff did consider in the Final Environmental Statement related to the operation of j Perry Nuclear Power Plant, Units I and 2 (NUREG-0884, August 1982), the !
possible radiological impact of LLW temporarily stored on site. Although the I specific details of the proposed interim storage facility were not known at i that time, the staff anticipated the existence of outdoor low-level ;
radioactivity storage containers, which were estimated to make a dose contribution at the site boundary of less than 0.1 percent of that due to direct radiation from plant operation (Section 5.9.3.1.2). Similarly, in its Safety Evaluation Report related to the operation of Perry Nuclear Power Plant, Units I and 2 (NUREG-0887, May 1982), the NRC staff concluded that the
4 licensee's program for the processing, packaging, and storace of radioactive vastes before shipment off site was acceptable (Section 11.4.1). Therefore, the temporary onsite storage of,LLW was an activity considered by the staff as part of its review leading to the issuance of an operating license. Should I the licensee be required to seek a Part 30 license because of a longer than expected need for onsite LLW storage, both the safety and environmental aspects will be evaluated in accordance with applicable requirements. '
The licensee's operation of the proposed interim storage facility could result in changes in the quantity of LLW stored on site and in the physical location and duration of storage. The licensee has evaluated these changes in accordance with 10 CFR 50.59. Generic Letter 81-38 establishes specific guidelines to ensure that the radiological impact from temporary onsite ;
storage of LLW will not result in a significant increase in the overall radiological impact due to plant operation. The generic letter specifies that the design and operation of a tempo.ary onsite storage facility for LLW should ensure that radiological consequences of accidents do not exceed 10 percent of the 10 CFR Part 100 dose criteria used in reactor siting and that the projected contribution to offsite doses from onsite storage under non-accident conditions is less than 1 millirem / year. The NRC staff has reviewed the licensee's 10 CFR 50.59 evaluation and has found that the proposed design and operation of the facility will conform with the GL 81-38 guidance. The licensee has appropriately evaluated the radiological risks to account for changes in the way LLW will be stored on site.
The National Environmental Policy Act of 1969 (NEPA), as amended, requires the preparation of an environmental impact statement for a major
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8-Federal action significantly affecting the quality of the human environment. !
The Comission's regulations in 10 CFR 51.20 also specify criteria for and ;
identification of licensing and regulatory actions requiring environmental ;
l impact statements. The Commission actions identified in Section 51.20 represent those actions which the Comission believes could significantly affect the quality of the human environment. The construction and operation of the LLW storage facility en the Perry site are not activities of the type ;
identified in Section 51.20 requiring preparation by the NRC of an envircnmental impact statement. Further, as a result of its review of the !
licensee's 10 CFR 50.59 evaluation, the staff has determined that the !
l construction and operation of the proposed facility does not represent a major Federal action significantly affecting the quality of the human environment.
l Therefore, I conclude that the Petitioners have not provided a sufficient basis for the NRC to require the preparation of an environmental '
impact statement for the proposed facility.
The Petitioners further contend that the construction of the proposed l facility is a fundamental change in the operating license of the plant and a !
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more significant change than anticipated by the 10 CFR 50.59 procedures. As a
- result, they question how the licensee is able to determine that the operation i of the proposed facility does not involve an unreviewed safety question, a .
requisite finding for 10 CFR 50.59 to apply. To support these assertions, the l
, Petitioners state that the proposed facility will expand the storage of the {
waste, in addition to expanding the physical location and site of the waste; however, they fail to address the significance of these changes.
Although the licensee's intended use of the proposed facility will
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l likely result in more LLW temporarily stored on site for longer periods and in a different location than current practice, the significance of these changes must be assessed in determining whether an unreviewed safety question exists.
Thestandardsin10CFR50.59(a)(2)specifythataproposedchanga,testor experiment shall be deemed to involve an unreviewed safety question (1) if the probability of occurrence or the consequences of an accident or malfunction of equiprent important to safety previously evaluated in the safety analysis report may be increased; or (ii) if a possibility for an accident or malfunction of a different type than any evaluated previously in the safety analysis report may be created; or (iii) if the margin of safety as defined in the basis for any technical specification is reduced. The NRC staff has reviewed the licensee's 10 CFR 50.59 evaluation, including the bases on which the licensee has determined that construction and operation of the proposed 3
facility does not involve an unreviewed safety question, and has found that determination to be sound. The construction and operation of the proposed -
facility will not affect safety-related systems or equipment or the capability ,
to safely shut down the plant; therefore, the probability of occurrence or the i conse;uences of accidents or malfunctions of equipment important to safety will not be increased. The processing of LLW will not change significantly from that described in the safety analysis report. Facility design and
] controls will ensure that the radiological impact of potential accidents and normal operation will be kept within the guidelines specified in GL 81-3B; ,
these guidelines are bounded by the potential impacts due to plant operation ]
previously evaluated by the staff. Therefore, the possibility for an accident or malfunction of a different type than any previously evaluated in the safety vw ~
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analysis has not been created. Also, as the construction and operation of the proposed facility will not affect safety-related systems or equipment or the-capability to safely shut down the plant, the margin of safety as defined in I the basis for any technical specification is not reduced. I therefore l conclude that the Petitioners have not provided a sufficient basis for the NRC '
staff to find that an unreviewed safety question is involved in the construction and operation of the proposed facility and, consequently, I find 1
in accordance with the provisions of GL 81-38 that a Part 30 license is not !
needed.
The Petitioners further assert that the GL 81-38 guidance is not mandatory and that an evaluation pursuant to 10 CFR 61.50 should be conducted.
It is true that the GL 81-38 guidance is not candatory; however, the licensee has committed to follow that guidance in its 10 CFR 50.59 evaluation, which
- the staff has found acceptable. If the licensee subsequently revises that j commitment, the supporting 10 CFR 50.59 evaluation must also be revised and j will be subject to further NRC review. The staff will take appropriate action at that time. With respect to 10 CFR 61.50, that regulation applies to permanent near-surface disposal of wastes generated by other persons and is !
not applicable to the licensee's proposed facility.
l IV. CONCLUSION j 1
On the basis of the foregoing discussion, I have determined that the !
Petitioners' requests concerning the proposed temporary onsite low-level radiological waste storage and processing facility at the Perry Nuclear Power i
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._ Plant are not supported and do not present any substantial health and safety issues. Thus, the Petition provides no basis for the NRC to require a public hearing for the construction and operation of the facility, or for the NRC to produce (or require the licensee to produce) an environmental impact statement related to the use of the facility. The institution of proceedings pursuant to 10 CFR 2.202 is appropriate only where substantial health and safety issues : have been raised. See Consolidated Edison Co. of New York (Indian Point, Units I, 2 and 3), CLI-75-8, 2 NRC 173, 175 (1975); Washinaton Public Power Supply System (WPPSS Nuclear Project No. 2, DD-84-7, 19 NRC 899, 924 (1984). This is the standard that I have applied to the concerns raised by the Petitioners in this decision to determine whether any action in response to the Petition is warranted. For the reasons discussed above, no basis exists for taking the specific actions requested in the Petition with respect to the Perry facility, as no substantial health and safety issues have been raised by the l Petitioners. Therefore, no action pursuant to 10 CFR 2.206 is being taken in this matter. The recent publication, however, of a proposed rule on
" Procedures and Criteria for On-Site Storage of Low-Level Radioattive Waste"
{ addresses, in part,.one of the concerns expressed in the Petition. l l t i 6 5
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l i In accordance with 10 CFR 2.206(c), a copy of this Decision will be filed with the Secretary of the Commission for the Commission's review. ' FOR THE NUCLEAR REGULATORY COMMISSION ! t Ef' i Thomas E. Murley, Director l Office of. Nuclear Reactor Regulation . Dated at Rockville, Maryland, . this 25th day of March 1993 l t f i
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Na 6730
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Proposed Rules m a n a-vot u. m = Tuesday. Fetruary 2, staa Ths sne of ens FEDERAL REGISTER a0Datsst$: Submit written comments its 11W a!!st Ja.nuuy 1,1993. gu.entc% cowa ocas t r* gwc of re p oposed to:N Secntuy of the Commiazion. can request the State to tale title to. anr Sme o' r>*a and MAapes. The U S. Nuden Replatory Commission, poneuien of,the gene ated wests.The sec5* N tvw ecas a e s%s Weasses Wasbicgton, DC 20555. Attantion:
'"*"**"f*8*''**'*** State also boccmes hable scr damaps a Docketing and Servics Branch. Hand- e consequenes of fai}ure to take
[M " " "* *** #* " deliser commeets to:11555 Rodville pouemen of the waste.In 1993 Stotes Pike,Rochville Muyland,between F.45 may avoid taking tide and possessien e a m. and 4.15 p m. Feders) workdays. the waste and assuming liability,but NUCLEAR REGULATony Copies of the regulatory ana}ysis, will forfait the surchuge rakus ccuu:SSION environmental assessment and finding utsbtded by the Ad. of no signi6 cant impact, and the e Januuy 1,1996-4f a State or 10 CFR Pa ta 30,40,50,70, and 72 comments rocsived on the rule may be compecs cannot provide for dispcsal cf exarnined and copied, for a foe, at the its 11W aAar Januuy 1,1996, the State. Am 3t504 E22 NRC Ps.blic Document Room,2120 L upon preper notice by the geneetor er Street NW. (Lower Level) Washington, owner. shall tale title to, and be Procedures and Crsteria for On. Site DC telephone (202)$34-3273. obligated to tale possession of,11W. Storagt of Low-Level Redioactive FOR ruqTxtR edO8 mat *:M coWTACT: W aste The State will aho be liable for all Robert Nelson Of5ce of Nuclau damaps directly or indirec }y irM:urred acDect: Nudear Regu!atcry Moerial Safety and Safeguards U.S. by the recentor or owner ifit falls to Cc=mmom Nucleu Regulatory Commission, tale possession as soon aner Janhary 1 ' Washington. DC 20555, Islephone (301) 1995, es the generator or owner poti6es A CTGr: Prepos+d rule. 504-2004. the State that the waste is available for SL*WA RT:The Nuclear Regulatory svPPLthttXTARY e6CRuaToc The Low- shipment.
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Ccmmss.cn prcposas to amend its Inel Radicactive Waste Policy The section of the Act requiring the q Amendments Act of 1585 (Act)(Pub. L. States to take tide to, and possession of. rer.dadens for nector, material, fuel 99-240) es*ablishes a series of the genented warte by January 1,1996 cycle. and independent spent fuel milestones, penaldes, and incentives to (onen nferred to as the " tale-title" sienu licensees.N proposed rule would establish a regulatory fra: newark. ensure that regional compacts and provision), was held to be . States male adequate progress toward unconstitutional,by the Supreme Court centammg the procedures and criterie that would apply to en-site sinrage of being able to man:Ee their 11W, by on June 19,1992,in a lawsuit brmrght t 1993.Section 5(e)of the Act requirss by the State or New York (a non-low. level rsdiceedvs waste (LLWL the sited Stetes of Neveda South compac Stata) and two ofits counties. be3 end knuey 1.1996. m Ccmmission has determmed, under the Carolina, and Washington to male h constitutional!ty of the tale-title disposal capacity available to 11W prwisien, as applied to compact States, aumenty of the Atemic Energy Act of Eenarstors until December 31,1992, 1954. es amended, that thew chanps was not before the Suptsme Court. Ever 3 rubject to:The States and compacts though the tale title prwision was held are apprepnate becau;e of pctential i healm and urety concerns associated meeting the other milestones of the Act, unconstitutional, clearly a goal of the I the sites remaining operedonal, and 11RWPAA is the development of new I uth the it. creased reliance upon on-site sicnte of11W. The propesed rule is re:.eived waste beicg within site specific 11W dispesal facilities by January 1, I volurne limitatices. 1993, and in no case later than Januuy intended to support the ge41s that have To help ensure that the States mais i 1,1996. l been establisted by the Low-level adequate prog ess toward developing Be:ause no erw 11W disposal l EadioactinWaste Policy Amendments new g1w d;spesal facilities, the Act facilitias wen operational on Janum 1. Act of 1985 (Act) and is conristent with l the June 19.1992 United States established six milestones by which the 1993, and the corepeci commissions' Supreme Court (Supreme Court) States should c: ale decisions and that cottrol the ex2 sting 11W disposal decision,in New York v. United State *- commit to cartain actions.m majerity rites either closed their site or set Ccements us rewested on this of the States met the requirements of the restrictions or conditions on reesivirg ! three milestone dates that ha d passed, 11W f em outside their regional . ; preposed rule and on strategies and by January 1990.Only the Central, opt;ons that the Commission rnight coropacts effective January 1,1993, ! Centnl Midwest, and Southwestern some licensees who generate 11W may 1 pursue in addition to this preposed Compsa States met the January 1.1992, be forced to sto e their 11W on-site, rulemaking.that w ould encounEs the milestone requ!rement, because their States and compsets to meve forward until disposal capacity is evailable. host States Nebnsla, Illinois,and unless other a:Tangements for storage or with des elopment of 11W disposal California, respectiv ely, submitted a I*Cilit2*S- disposal can be made.Neul all the facility license application to their State Covemors'Certincations su mitted to caTts: Comment period expins on regulatcry authorities before that data. meet the 1990 milestone of the Ac2 April 5.1993 Comments received afler The State of Texas conferr:ed to this indicated that the State planned on that date will be considered if it is milestone on March 2,1992.m inferim storeSe by waste generators from pneu::a! to do so,but the Commission remainir g milestones of the Act, as it 1993 through 1996. However, many is ePe to ensure censideraden only for w as enacted. are: States do expect to hevs access to the comments receind on or before this e January 1,1993-If e State or BamwellllW disposal facility from dat e. compact cannot provide for disposal of January 1,1993 through June 30,1994. l _-____.__-_.._-__.s____-_- __ _ _
.k 'n , -
Early in 1990. 6 Ccemission public health and as.fety ed the directed b NRC staff to provids the repackaged or oGewise processed.
& environment is snhanced by disposal, ega!n. as a result cf waste form fa!!ure Commiuien mth infermation en ths rather than by 1:ng 1:rm. ind:Eniin
~, issues concaming the wute tsile storspe of wasts. Disposal of weste in a or to roset warte acorptance criteria for transfer end possnsion pmvisions set a r,ew dirposal faduty, once one limited number of fadlities, bcensed beco=ss evaj!abis.nis editiocal forth in the Act, so that the Commission under the requirvments of to Cn Part
! rnight determine what role.if any.the handling by workers will also cau.ee 6t or compatible Agnement State NitC should pisy with nptd to tasse regulations, will provide benar inenued e rposures. m site-specific prodsions The Comm2uaon was also protection of the pubbc beehb and con 6 dons at a new dispoullecibty may cocessitate these cew waste form interested in the acequacy ofits existinE ufety and the environment than lone. cntens and thew cntnis may not be regulatory hame*on fori:nplementing term stersgo at hund. reds or thousands known when RWis placed into the tit!e-trusfer prension. On september 12.1990, the NEC staff sent of sitas around the country.Sto ,d sto age. Third. rediatjen surveys and wisa pecieges need to maintain inspections of EWin rterege mH result ,
the Commissics an analysis of the j sufficient integnty to pavent dispersal in potential ad6tional dous to those iuwes associated with the war e title- of the waste during storsp. transport, transfer and pcssenacn provisices of involved in pe-forming theu activfties. the Act (SECY-90-31el Msjerissun and handung. up to and incluing For theu reasons and to suppcrt the l nlated to these previsions included emplacement for disposal. Because of goals of the Act.the NRCis proposing 5:stes takira pouestion of comme cial the variability of cartain storage this rulereaking. which makes atorage of thW aher 1993 or 1995 and licensing environments, w aste pack. ages may LLW u option oflast resort.no of this possession by the NRC and suffer dersdation over the ertsaded Commission specifically invites Arwement States. alorsge period. Among the ways in comment on the above public buhh The Comminion diset.ned the inues andcause safety rationale, as well as on the wutewhich ps:legea dagredauen stor:Ee environment an can comparative risk of potential refuses as essac2sted with the waste tat 4trusfer temperatun fluctuations fin hasted end passession provisions of the Act a resuk of an event or accident at and the recommendstiens prnented in f,c hties in arsas with cold winte s) sad numemus LLW storep sites around the SECY4>31s. in a pubhc meeteg. on corrosive simospheres (e g.. Industnal country. as opposed to the potential October 29.1990. In respense to e and rnaries etmospheres as well as ocid reluse imm a limited number of rmest ficm the Lcw-Inol Ea6osetive deposition). Dior waste packap disposr] altes designed to meet the
- % aste Forum.the Comrniuion de:ided concemiduricg storap include siung and design requinments in 10 o schcit puth: and 5:ste comments on ertemal and internal conesion. CTR part 61 or compabble Apsomsnt the NEC stafTs recctnmendations n6clytic pneration of gases Stau regulations.
prooded in SECY4>3 t e and on eight sabstances,(predominantly hydrogen) and cormsive ne preposed rule, as it was ongually questas a ddressi:g the title-tnnsfor r:6ation induced dnfied and set to the Apeement States pmussen cf the Act. The Ccmmission embrittlement of polyethylene i r comment. Included a requinment rgested that the NRC staff provide the conuiners, and bioderredstion cf for the licensee to request that the State Commission wi$ an ana!ysis cf the inststutional westes. These pmcenes tak e title to, and posaeulon of, the ccmments rxeis e.d in response to the may screlerete intemal corresion and *Hu.Purruut to secdon sid!(2)!Cl letter dated Nosember 22.1990 from failun of common storage containers. De "takettle"pmvisin)of the Act. l Samuel J. Chili. Secntuy of the even if the waste is stabilized prior to before LLW could be stored on site ther Ccmmiuion. to Mr. lerry Criepentrog storage Warta form depsdation could January L 19E ne urt d the rule has , Cons enor. Le-Inel Ea6cettive %as' te result in spills or nisases dunng been rwised to delete the requirement Torurn. and frem the federal Register handli: for disposal.if the degradation fw the Ensntw to nquen de Sua to notre soliratirg public ccmments. goes un efected.In addition, waste tale title to, and possession of. the E"""'8 "#' I^ m w of the ment The Commission schcited public package deterioration p ior to disposa! . ccmment en the NEC s'afTs will require npackaginE cf the LLW and Supreme Court decision in Aew Yori v. recernmend.tiens provided in SECY- cleanup of any spills. As a mult. n. e Cc,mmiuice wW not tv-11E end the eght questions in the werken will be potentially exposed to require @ths action as a prerequisite fo Tederal Eegister notice pubhshe" e dditional doses of r 6adon. The NRC c nng1.L co-sia ahu January 1. D-ce .ber 4.1993 (55 TE !ZE 41 ne cer. tractor document. *' Extended Stotap I" d WW Fdd e Wum hdinada With NRC Apeemcet i5eent f r bi id a I"*", **^#'" 4DE2U'I
~ 'I*'
man.:2t,cns aspended provides a detailed' discussion of The commenten raised many these camna- no NRC Apeement States were snecified issues Mest can be Fmuped Stuage also involves a number of Infor ned of the NRC's intest to issue a , dnder the s2rg!e. bmed issue of NRC's activides that could incrsass rs6ation prenesed rule and wm provided the dnk regulatory text.bvlettu dated role in impleme ti"E the Act. The eight doses to the public. First stor p of questions. a cemment su tmary, an 1.LW wm muh in potuda!inemsed rehruuy 7,199L no httu uplained anal) sis of these comments,and wodu uposum, fmm unic.adkg Ga that the Comrnission is taking this conclusions are provided as appendix A *Hu fmm Monte. O Posal action in view of the potential beahh to this proposed rule In nspense, the See nd, waste farms may need to be and safety concerns assodated wid an Commission 6tected the NRCstaff to in::re.ased reliance upon co-site storsgo and in light of the framework that has des elep a propcsed rulemaling that M"s #p, N,.6NO,'[.Igj ben esublished by the Aa.His initial would estabhst a rep!stcry framework cowre r rneur.t o2ca. r o. som sma, cenuining the pmceduns and crituis notification re:tersted the Cm=ission a
* **Me= DC 2 00:5-*2- Coma = ala position that it will not look favorably eppbcatie Io cn. site stcap cf LLW S'w e =+ed1 sten.am
, eher }enurn,1.1995. s".*mes s'n'u"'Pon acriJ so.s.spnr.s a e:d.onVA gnuster on. site stors p of LLW, Ahbough'LLW ca: be safe!y stored, 23 s , cor, . .: ...w. L, i,,.3, e ther January 1.19E Su lementAry
,, m aatu A Crwt.l.:r m w ama, information, which incJ a eu==ary NRC bebeses that the protecton of the rit:1. sow m (Law ten:L**A2romoc of the related provisions of the Act and
a l a ~
. - 6732 Taderaj Emsfer / Vol. 58. No. 20 / Tuesday. February 2,1993 / Prepoud Rules a d;scuuien of the proposed revisions, to section 5(d)(2)(C) of b Ac.because opmting EW dJrpond isduties for 6 !
w as ictm erded to 6 Ac eament Sates the Act gives licensees the option not to Il.W it prohibits from an-site at e. l en February 14. t M2. The Apsement recuest 6 State to tdo poseenalon. Ferponse.no NRCis not a States wm uked to prtrvide comments Comment One State tu a 6ffernt "no on site r.omp" option.The by Marrh 14.1M2. law r*Eare,g utie" Tide to ey EW recognizas that so=e pomten will Re Apwement States of Arizona. shell at s'J times remain in the generator have to stors EW on sita.The NRC A ria t su , C4 h fomis . Colors d o. Clinois, of such wests * * *.* The pro j rule conflicts with State law. posed seeks to minimiss the amount of EW Kansas.Kentutky Nevade.Now Yort. placed in storsp, by rug, fring ! Nori Cahr.a. On gen. South Carolina. Response.The tus of the rule, which genentora to e.x.hau.st all other Temas, and Washirren, and the had bee predded to the Apsament , reasonable waste mazapment options. j Midw ert Interstate 1.cw.1sval States for comment, hu been reviend 6o ne Euldance geve ning implemetation ; Radic4cthe Wute Commission delete the requIncent for the guarator of the a=srgency.ecasa provision, of l responded to 6 NRC staffs request for to request the State io take tide to. and the Act. costalced in Inforestion Nodem ccaments. One State supported 6 possaulen of,b ruerstor's EW.in 91-es.*T.=e gency Aceses to low-Isvol propcned ruleeding, and t'ree Sates view of 6 recznt Supreme Court Rsdic4ctive haste Dispond Tadlitisa," opposed it. Two Satu, ahbough not decision in New Yort versus United win remain in efred.no NRC dose not opposing any provisions of the rule. Sicres, the Commission will not rwqu!>e antidpete any situation wbm the sated that the rulemaling s.hoJd not this action u o prerequisite for storing provisions of this rule,in ad6 tion to a proceed until & Supreme Court LLW on-site anar January 1,1996. tack of secess, would crosta e serioua decides on the consututionality of 6 Comment What legal suthority does and ic=ediate threat to 6 public ' Act and the utio ttsnsfer provision. the Comrnission have to i= pone the baalth and safety or common defense nree Stetes and 6 one comrminaion prohibition of poueuion of LLW. by the and security, thmby requiring provided comments and questions State, et a genstator's facihtyi arcerEency scrmaa. without td.inE a position on & Comment. How can "the prohibition" Comment A corsimmediate prnosed rule =uang One Sate of State pouession of EW. at the concern, direcdy related to the sior*Es resned co==ent a.nd four States had Eenerator's fedlity, be reconciled with of waste.is the authority of a Eenerster I no ecmments. Tineen Apwement States the lanEu8Ee of the Compact Act,which to ac=ept its protrased wute after this I did net mpond. authonzas ** *
- canagement of waste waste has been sent off-site for i Kesponse to NRC Apuement State on h site wbers it is trsstmant.
is obrwise lewfulr* generatedif such Response.The NRC bu amended its Comnwnts Fesponse. it Is not envisioned that a regulations goveming the conditico of Comment ne revisions do not State would tus phon of LLW at licenses for production and utilization l neu to be based en pmtection of a generator *e facility. fadlities to aUow a reactor licensee in ) i l erbic hulth and safety or any p Comment it is insppropriate for NRC rocsive back byproduct and spedal inchnicd arguments. to requirs, es a condtaon for on-a!to nuclear resterial that le produced by Respense. As previously discuswd, rien ge,that IIcssseas exhaust the opersting 6 reactor after 6 material the pote tial nas to 6 public bedth contract option of sectjen 5(e)(1)O of hu bien sent off-site for procmasing, ' a.rd safety, from on-site storage of LLW. the Act as a condition for co site such u ce=pection or incinerstion. De ' is peer $n for dispesa.!,because stor Ee.This section of the Ad applies find rule wu published on October 21. 1 sicnf e invohes e number of conditions to States.not licensees. IM2 (57 TR 47978).no rule becune I and ecinitias that could ine:rsa.u FeJPonse.no NRC spvos that eEcctive on November 20.1992. i redistion doses to the public. Ahhough section 5[e)(1)O of tho' Act applies to Comment Any rule = ding on this LLW can be ufely riored. the NRC States but not licensees.De text of the issue must incorperste maximum beheses that the protectien of the public rule, which was provided to the flex.ibility, consis:ent with the haaIth and ufety and the enviren: cent Apternent Stalas for comment, has been protection of the public health and
*cil be enheced by 6sposal. revised to elirninete the reference, to this safety and 6 anvironment.
Comment.nm a ppsats to be no section of b Act. Response.Ma.ximum flexibility has subeenuve ntionale for prohibition of Comment.no rule is silent with been considmd.He proposed on-site rcraFe aher January 1,1995. r'Eard to fLnancid sursty aspects of . rulemaking does not preclude on site l Response.The propoad rule would ertended storage, and "totany ignorse" LLW storsp, u long as other waste prohibit on. rite stenge a*er January 1 the requirements that would be placed management options are exhausted. 1%5. cnly if the generator had not on State: that tais title to, and/or Comment NRC's guidance would be exiauced other waste manepment possession of.LLW.e fter January 1 expoeted to be conristent and l eptiens As discussed in mpense to the MS. ccmpetible with NRCoctions tden with j pnvious cominent, disposalis prefmed Response.Financid ururanos respect to indefinite stony of high. . ! over storege. Io enhance 6 proteaion requirements for 6 af'ected licaesee level re diosetive were fMLW). of the pWic he4lth and ufety and the are contained in to CFR 30.35,40.36 Response. ne LLW altuation is environment. Hert fore, generators 50.75,70.25, e.nd 72.30. Financial afgnificantly diEmnt from ht of HLW. abould exheust al) dispoul optiens assurance guidancs for fuel cycle end Under the Nuclear Waste Policy Acs of befo e stenne their LLW on-rate. meterials licensees is provided in 1582, as amended,the Fedml Comment.The proposed revisions information Notica esos. T,rtended severnment is deve!oping a facility for would impreperly es.tablish NRC u the Interim Sron ge of Lew. Level disposa.! of HLW. in b LLW prepsm, enforcer cf the "td e-title" provisions, Radioactive Waste by Tuel Cycle and it is the Commluien's judgment that the cortrs.ry to the Act. Materials !)c4nsees." Ccement. It is insppropriate for NRC NRC's reculations will encour Ee Comment if NRC continues to pursue dispoul by requiring pnmtors to seek to require, es e condition for en-site the no on. site rterage" option past available disposal options. Furthermore. storage. that bcensees reruart the State January 1.1995. as the NRC stafI unlike HLW. commercial LLW disposal in which they m located to tuo title to, proposes,it will be NRC's responsibility sites are currently operational, and and poucuion of, the weste, pursuant to provide for emergency scrass to development of new LLW dispoul 1
. ~m m r s , eos. co. ro. zu s a vascay, scoruary 2. nos / Proposed Rides ' 8733 e- . tV- fedlides coctinues,with two new -
- T2. As discuned in repo- se to an earlier iden0 cal to thet in NRCrules issat a f:dhties scheduJe to be cperational by commet,the t?rt of tne rule,which ce::essary, provided that 6 underlying i Januuy 1.1996.no ri:k 13 public had been provided to the Agreement hukh and urety from hundreds or prindpin are the ums.no Agreement '
States for comment.hu been revised to States may edopt mari recricuee l thousa.nds of temporary sterage facihties delete the requirement for the generator recuirements. is gruter than that from a limited to tw;ues the State to take title to,and The CcWon is currently nurnber of well centrolled dispouJ altes possession of.the renarstor's 11W. in the country. considering a re<valueuon of sta ' Comment. Will NRC liceneses be co=padhibry policy and may dadde to Comment. 7tm should be a requ),d or encouraged to ship a.ll revise its g eneral requirements ropidag definitien that descnbes when wastes before January 1.1993. that will compadbality for the Agreement States. restacuse matenal becornes waste. ruch Eve yous in storage, between De Commiuion's compatibibty Fesponse. De ters *warte"is January 1.1993, and January 1.19967 determinstion. on th!s proposed rule, de Sned in t o CF'E E1.2. Waste is Ersponse. Guidece on storage.which may be r*-examined in Lght of any considered to be any material or component for which the licensee is epuonal,in Genanc Istters 81-38 and champ to 6 ganarsi pohey. E5-14. and Information Nodces 89-13 foresees no farther taa. He NRC and 90-09 includes consideration of
- 20**
centeues to bebeve that the licensee is keeping storep to lim!ted periods of he propsad rule would estab1!ah in the best posiden to determine the time fia.. five yees or less) and procedu.res and criteria, for on-alte contmued utility, of radioactively emphuirns shipment of11W for Enti storage of11W.that would apply to all cent :mnated material and components, dispcut It is the NRC's pokcy that cat *Eones of11WEenerators.On-sjte to its opern uons. The NRC will centinue licensees should continue to ship 11W. storare of11W would not be permit'a d to rely c- the licensee to determine for dispossl, to the ma.rimum extent a*er }snuary 1.1996 fother than when metanal and components become practicable. Although the NRC has not reuonable abort-term r. crap necessary wasts and will periodically review the ut specific dates or dudlines for11W for decay, or for collection or lansee's conclusiens to determine if shipments.Genenc Letter 21-38 states consolidation for ablpment off-site. in ther ue reasonable and oppropriate. that a part 30 licznse should be obtained the cau where the licenses hu ecoeu Ccminent.Daes any provision of 6 if the tame in storage orceeds Eve yous. to an operating 11W die facility). Act p chibit s State from emercising ite unleu e see can cument thaut pcme s cf erninent domain, and the eby issue of CorePatibility With Agreement bu exhausted oSr reasonable waste bt** rneung to condemn ex:istmg licensee manyement options. ne NRC's facahtaes. to estabbah a 11W Opinion varied among the 14 proposed regulations would require that rnanagement preparc for Eeneraters at AE eement States that responded, on 6 6 Lescsee attempt to contract, eibr the sne. issue of compatibility.Two States direc0y or through the Stata. for the Fesper:se Although the NRC knows commented that this rulemaling abould disposal of its waste. In a dd.ition, reactor cf no such provision. any exercise of a not be a matter of compatibility; one State's power cf eminent domain would State recomsnended Division 1 bosssess would have to document that on-site srcrye ocurities would be hoe te temp!v with applicable law. (regulation must be adopted verbatim): consistent with, and not compro::dse. CcminentItere should be e two States recommeoded Division 2 the safe cperation of the licamsoe's ' rc a.ximu= ties li=it, for "short-term." (lanpye identical to that in NRC rules activities, and would not decrous the that would apply equally to al! forms, is not necmary, provided that the level of safety provided by applicable includeg dway-in storego. This underlying prin=fples an 6 same); one replatory requiremects. In view of the crmmenter recom= ends a muimum State recommended Division 3 (States recent Suprerce Court decision in New ronge time of one year.This ars encounged to adopt the regulatory York vmus United States. 6 ccementer also states that this will approsch talen by the NRC. but are not Cornminion will not require the allow sufEcient t me forisotcpes with required to do sol; and eight States d2d genmtor to request that the State take she t half-hves to decay sufEciently for not comment on compatihility. title to, and poutulon cf. the waste. as dispeul in a sanita:y landf.lt The NRC considers the proposed a prerequisite for storing 11W on-site Fespense.GeceraIJy.for non medical implementation of these amendments to aher January 1.15 M. Even though the 11W.radicactae matenal with a half. its licensing conditions in be diroedy take-title provision wu held L!e of leu tcan 65 days can be held in related to 6 buic regulatory funcuan unconsututional. cl6arly a goal of the stenge before disposal as non. of protectinE h public haalth and 11RWPAA is the development of new n deca:tive mater 2al. !! allow ed by 6 safe *y and the envirs.nment. Unleu the 11W d;speul facilities by Januuy 1. bcense. !1W disposed ofin this manner Proposed rule is made a matter of 1993, and in no casa later than Januuy must be held for decay a minimum of compatibility. the waste management 1.19M. To support the goals of 6 10 half-lives Docay in storege for pncti:=s in both Ag tement States and LUtWPAA and its legisleted proIsrunca , eedic.) waste is govarned by to CHt non Ag eement Stata could be for disposal over storap of11W.6 ! 35 s2. ne preposed rule would not incer.sistent.and the Commission
- goal NRC has concluded that action is aUect this practics to eneourego disposal would be nemury to requirs !!cansees to exhaust Cominent To who:o does the revision frustretei nerefore.the amend =ents other reasonable manyement options app!)? As the State is required by the contained 6 this proposed rule would befon en-site stcrage of 11W will be Amended Ac to tale posseuion is the be a matter of compatibility for NRC permitted a her January 1.1996.
- propesed laspge intended to cover Ag vement States, ne addJtional ne exemption for collection or that time intm a. between the licensee licans* conditions for11W co site consclidation for shipment off-site is reqwesung the State to tale poueuion stonge, ther January 1.19%. In t o CFR limited to those licensees that have and the State actually taking 30 34. 40.41. and 70.32. ce censidered ecxmu to an operating 11W disposal ponession? to be Division 2 categories of facility. Without this limitation.
Fespense ne prepcsed rule would compsubihty. Although Agreement licensees oot having eotru to a disposal epply Io all11W genereton licensed States must adopt Division 2 rules in fecihty could avoid or delay the ections under to CTR pets 30.40,50,70,aed their repleticos, the use oflaspage requind by the proposed rule, by a
.. i l 4 - 6734 Federal Register / Vol. 58. Wo. 20 / Tuesday. February 2,1993 / Proposed Rules >
i j collecCng er consolidating far manegement options would consist of requirements applicable to co site shipment c!!. site.** wben disposal copies of all cormspondona to LLW storage. ; facihty access beco=es avsilable. disposal fe::ility operstars and respannes The propcsed rule would ruehe thes* no Commission matinues to hold to these requesta.This documentation the position that it will not look i recuirements standard limnse condit.ons hr every license issued for shall be retained foe at least three years. favorably on generator on-site storsp of
- The NRC will verify complianca, by 1.LW. aher January 1.1996.11 considers rea-tor, meie nals, fuel cvde. a.nd nviewieg this documentation, during '
artdependent spent fueliter:2' the on-site atcrore of EW to be a last- i
; penodic inspections, and at other times. rssort measure. the Commissiun's !
1;cenms. ne role nating would amend as ney be necessary, to determine p,efemnce is 6t 11W be permanendy to CFR 3134. 40 41. 50.54. 70.32. e cd l
, 72 44.These secuens of the rvgulations whether adchtionalinspecuans or other cispeaed of as soca aRer it is generated t regulatory attention is required. Absent as possible. ; identify standard condicons for ructor, a willful ut uy non npetIUve f ma terials. h.el cy cle, and inctependent violation'of then trements would W8 Proposed mia would ;
- spent fuel s
- crap licanas.m heenmee normally be conal red a Severity Isvol j weuld no'14 r quirvd to rneh a formal '"I"f.emut, but aman "IF .g ngulatons a amada.the guidancs IV vio!stion under the Commission's sub mtta1 to tr e NRC. to show Enforcement Policy,conta!ned in sFP ca e to 82mEe OM b t compliar.t wi1 these cendits.uns. m con 6uons in the=mives would met pwoveed rA wcu:d re;uire that all Appen x C to ts pan 2. authori .s on-site storsp.no existing selevant dec., mentation of the steps On-site storep of LLW resultirg from regulatory and licenshg framework will i
, t.Len to s .tMy the r,quirernents of th: "*etor operations can be undertalan conthus to be applicable.The following l i rtfemaking te rnaintained by the pursuant to the erlsting authorities and essen documents.in conjuncion with !
j heensee. sno be made avcilebie to the proceduns, such as 10 CFR 50.59 and the regulations in 10 CFR parts 20,30, ; NRC. for inspection. all relevant licensing and regulatory 40,50,70, and 72, provide this To show cc.rr pliance with this requirements applicab!e to on-site frs=ework for LLW eteroge. However, ,
, r+vposed it:e. the NRC w culd expecs storege. Materist, fuel cycle, and note that the pnene letters and ['
j the iicanse , to make en annual request indepencknt spent fuel storeEs li:*n5*es information modees an informational i fur ucess to ach cperetmg commercial may store LLW on-site if stomge:(1)la and not bindhg. These documents are : LLW 6sposal far.ihty, for disposal cf the authorized under the existing licznse ovellable, for hs;metion and copying. I 4 Ocensee's LLW. Adequate conditions; and (2)is consistent with for a foe. et the NRC Public Document , oocumentauon of the licensee's efforts existing authorities and procedures, and Room. 2120 L Strwet.NW. (lmwer l i to exhaust cier tsasonable waste all reles ant licensing and regulatory L*vell Washhgion.DC.
; . \
I AePLCA.BJ Lt0EN5'wcr-Fsts#EwD8Hc DOCUVEVr5 F0st CS$trE LLW STDRaGE j Type fe. rear - The . I Genev Ls.ar -- 41-38 _ vuee Sur*pe of thery 1.tmemme.Garers*ed Lo=4mf A**Te %ame et Reams Seas *. Geneme Laier 45-14 _ "'m"! Sacroge el Poiser nea:acy Saas er tow 4mi shweg >ame lear Gerarmee ey ee LReef. ) Ducr-a:s:e saaers r9 13 - *Are-meg Wame Wa is pomeru Pvocm2.res e Case of Drew or Acomma ao Lo.4svo name DuponeJ Smas*. W:r-wv:e Mm:n e>.cs _. at.revect evee Sicrepe cv Low 4sve sia:Mneg woes by fue Cyc:se a c Wewma Lrmemass*. Ee; parry G. mas 1.143 Davy Ge:ance kr R*=ve name hareparnere Sys.ar9s. Sr.caven, we Cor'pcre ta eumsted M Ligre- , w etenc4xmed ps.s:anar Power Pwus".
, $'. anon =3 Siraew Pam Set 114 *$o c wasta U psmart Symems*.
i u tsenccL . . esoecwr e e Emi:w. aus _ 90 crn se.se E.suaecre er cha gas to W wenn kanage are sr*amas".
- Cecnnes
{ Fioding of No SipiScant production and utiliution facilities. leve!). Washington.DC telephone (202)
- Enviro .=entallmpact: Availability speciel nuclear material.and 634-3273. .
The Ccmminien has determined, independent spent fuel steroge.h y ggg ], under the Nabonal Envircemental proposed rule would ancourap dispoesl i Policy Act of1959, ss amended.and the as opposed to storage, and this should his proposed rule amende i Commission regulations in subpart A of have beneSc!st environmental effecta. Infor=euen collection requ!:sments that t o CFR part 51, that this rule. Il N propoe*d rule would not result in are subjed to the Paperwork Reduction 9 adopted, would not 14 a msjer Feders) any increase in radiation orposure imm Act of 19B0 (4 6 t!.S.C. 3501 et set). ection signitcantly s!fecting the quality transportation of LLW. compared to that nie rulemakhg has been submitted to " ef the human envi en=ent and, espected from the ultimate disposal of the Office of Management and Budget therefom, an environ =entalimpaa LLW envisioned by the Ad. Any for review and approvalof the s stement is not requind.This proposed anvironmentalimpact of operating as paperwork reqairements. rulemaling would supplement but not on-site LLW storsge fedlity will be h public nporting burden for this 4 fupersede. the ex.isting reralstory addreued.as required, as part of the cx>llecuon of information is estimated to f amewerk applicable to the storere of licensing ecdon fo'r that facility,under eve. 12 hours per response. LLW.The ad6tional conditions of this previously established reEulatory inclu ' g the ti=e for reviewing < rulemr.l.ing. in the=selves, would not requimmants. The environmental instructions. marching existing data i euthoriu en site storege.mse assess =ent and Endhg of no signlEcant sources, Esthering and maintaming the emendments would add ei .inistrative Impad, on which this determination la
- data needed, and cortpleting and
- ar.d s enD
- atien requirements to existing based, may be examined and copied, for reviewiDE the cellsiction ofinformation.
r?Fulations Eo'eming the licensing of a fee,et the NRC Public Document Send comments regarding this burden i l estimate or any other aspect of this barodu= material, sourcs material. Room. 2120 L Street.NW. (lower
- I i
I f . M r- - - r- -- e-~ - w e -,-,-w------ i c. . w w
g 2 ecer:J Asstster / Vd. 58. No' 20 f. Tuesday. Tchruuy 2.1993 / Pmposed Rules 8735 3I
.coUecden cfinfor=stion. includ.!ng EacL81t Analysis
. suggutions for reducing thl burdan ta frementa.Securfty coasures.5pect the info =. tion ed Records .Th.
.. p1 posed rule does m oe13c,1;,, ,7,,eat coesututefor es nases set =t in the
,4333,,
Ms na gemet Bn.:6 (MNBB-714). U.S. p samble ed under the authonty of the Nudur Repletory Commission, to syste ms, structures, co=ponants, or Weshinren.DC 20555; ud to the Desk dwip of a fecibty; or the desip ^'**IC E"EY AC' 'I 3 954. es amended. a pproval or meufacurirg licanee for e the Ene so guisatmn As of197s. Of5cer.Of5ce ofInfo-reation and facihty: cr the proca.dures or "8"#*** *d.ud 5 U.SC 553,the NRC Repletory AFairs.NEOL-3109 (3153- organizadon required to design. Is pmpoeirg to adopt de Mowteg 0017,3153 4420,3153-0011.3150- construct or operste a facibty.* * ** " * " sm to W 3 pana 4 40.H. 0009. and 315G-c1321.Of$ce of M and L,. Therefore, the proposed ection is not e Management and Budget. Wuhington, backSt. u def.ned in to CTR 5D.109. DC 20503. The proposed rule pn=ml addressee PART 30-RULES OF CEWERAL the off. site disposal oficne. APPUCABluTY TC DOWLETC Replatesry An@ LfCENSING CF BYPRODUCT rediossive wu:e.gec stad u e result gAyggAt The Cc=missics has propued a draft of rsector opmtion. ne anst.ng regdatory analysis on thosa proposed regu! story framework applicable to 5 The authority citata,an for part 30 Is amendments. The calysis e namines the assuring the adety of on.s.:ts stenge of remad to rwd u fobews: costs and bene'.ts of tie attematives low. level ru dioec:.ive war.e. ge:usted A ut!.crity- Sacs 81. s2.181.182.153.1 st.. considered by the Com=!ssion.The by rsacor opusuona.nmaans sa Stat. ess, twa. e52. e54.955. u a nesidad, d ah anlysis ety be eumined and unchanged.The NRCis seeking public sec. 2M. 62 Stet 444.u a:needed H2 U.Sc i for e fee
- e t the NRC Public ccI ed. c mmant on de beh analysis. 2 n tan 2. 22M. 2222. 2222. 2236. 2mh Document Room. 2120 L Street NW. Commets should be sent to the ==. mt. u amuded. 202. 20s. ss stat.
(Lower We!). h phing'on.DC. g e gg 1242.as amuded. 22m1246 H2 U.sn telepher.e (202] t.3 4-3273. p % san. ut t. sue). Wuhington. DC 20555. Atta:Ibcketing Socism 30.7 also ised ude PA L u-The Ccmmissien regt,nts public and Service Branch. 6M.e c. M.s2 5:st 2H 42 U.S C sasst commet en the drah r'Eu! story S*Ct' B 3434'lI 815C i'#*d under sec. t&4 ealysis Comme:ts on the dnh Llst of Subject Terms 68 5tst. 254. u amuded 82 US.C 22ut ana!ys:s inay be s -,mitted to the NRC. Sectiem 20 24;il slao issved under Pub. L WS-20 CTR Pcrt 30 u indicated undu the AD:Atssts" 240. sec.1C2. 99 Stat.1642 (42 USC 2021L i' u esing Byprod uct insterial. Criminal pe.nalty. 5.etico sas1 atso iseued uder esc. t st. sa Govemment contre::ts. Stat m H2 US C m7L Regula tory Tlez.ibihty Certi5 cation InterEc*ernmentd nlauer.s. Isotopes. r As re:;uired by the Regulatory Nucle 4r materia 1s. Raiabcn protcetion.
,a
[dE3k*bN[8fMk 30 x fb). IcL (f). (g). (il ar.d b). so 41 in) and Reporting and re:ctdkmepin8 F!cxibihty Aet of1520 (5 U.S C. 605M). requirements. fel. and 30.52 are isswed uder sec.1s t b. 68 l the Ccmmissien cmEes that this rule. Stat 94 s. as ameodad H2 U.S C 220t(b)h if promulgeted.will net have e 20 CTR Parm 5 30.10 ts 1srued uder sec. It1L sa Stat. 64 e. signif; cant ocenemic !=paet en a u s.mssded 32 US C 2201(i)). ud Il 30.8 Crim!nd pendty.Covern:mont M s. soJ4 (g) u d til. Mas,3030. 30.51. subs ental cumber cf small etitles. contreets. Huardous esterials- 3032. M u. and 30.54 (bl ed (c) s e ist.ned The preposed rule affects approximately transportation.Nucleu materials. undemc. isto. s Stat no. as amaded H2 E200 NRC licenses t;nder 10 CTR pans Reporting and recordleeping U S C 1 8 1[*Ik 3 0. 4 D. 50. 70. e nd *2. Of this total, requirements.Souros matensl. 2. In i 30.34 apprcxirtately 2000 an srnal! entides. Uranium. ned u follows: pang-spb 01is added to The trepos+d rule will requin licensus 20 CTRPcif 50 g us4 Terrns ed oorim W h plannmg to stcre LLW beyond leuary , , i 1.1995 (e acept for other than tsasonable Antitrust. C!uu.fted informau.en, , , , shomterm storage necessary for decay Criminal penalty. Fire prevention. 01 The following conditions ars er fer cc;.xt,on or cer.sebdaden for Inccrporataan by nfennes, contamed in every bcense issued under shipment eff. site in the case whers the InterBovernmentd nlations. Nuclea.r the terulations in th!: pan. 1 censee has access to an cpersting LLW power plants and tsacors. Radiation (1) Low level re diosc0ve waste (LLW) t ispoul facihty) to document that ethn pr te.cdon. Ruetor siting criteria. rnay be stored on. site, provided h is reasunab,e . w ute management options Reponing a.nd recordkeeping suthorized under exisund con 6tions of 4 have been ea.hausted. The required r,quirements. the license, and storage is consistent ! documentation and maintenance of 20 CTR Part 70 w th existing authorides and thne records will require reinimal procedures, and a!! relevant licansing ! Crirninal and regu! story requinments applicable l administrsuve resources Licensees wi!.1 rnsterials-<pendry. Hantdous reeportation. Material need to pnpue and mailletters to to om-site stenge. LLW may mot be control and accountieg, Nuclear stored on site by the generstor beyond spyrernate LLW rnanagement rnaterials. Packaging and centaines,
, s.itbenties, retam all nlevant Januuy 1.1996, e xcept as speci5ed in documentstjen. end n.ak e these rocerda Raistion protocuon. Reporting and pusg+spb 01(2) of this section.
recordleepleg requirements. Scientiac (2) Tor on. site storsgo of LLW beyond eicilstle for NRC inspecion. The equipment. Secunty musuns. Speed January 1.1996 (other than rusocable enud recordheepicg burden imposed cuejou enaterial short. term stor8Ee riacessary for decey by the p oposed ru!e is estimated to be 20 Narm or for co!! action or consolidation for
- 2 hcun fe,r the venge licensee.The shipment eff-site.in the ene where the NEC dxs not beLes e that this burden Manpown tr Ining prorams. Nuclear licensee has acceu to an cpersting LLW mil has e e significant economic frnpect materials. Occupational safety and disposd facility), the licznsee shall en ar all er.tities health, Reporting and recordh ecping documsnt that it has exhausted other a
aa t*
.. 6736 Tederal Regist:r / Vcl. 58. No. 20 / Tuesday. Tchruary 2.1993 / P2cpwl Ru.las
- nesonthie waste mansgement options this part a ppets in $$ 40.2.5. 40.26 i which would includa taking all 13 stat 853 (42 U3 C 4322L soeuces 50.34 40.31.40.35.40.36,40.41,40.41.40.43. 'nd 50 54 *!** 18'u*d u* der e*e. 204. sa stat.
rsasenable steps tc centra:1.either directly or through the State, for 40.44. 40.60. 40.81. 40.64. 40.65. and 1245 (42 U.s C 5441. Section 50.54(E) ales Appendix A. ,", ,dt2 5 d spos.a) of EW. . . . . . 0 o a. (3) Tba hcensee aball retain all 50.s1. and 50 92 also taeued under Puh.1. relevant documentat2on reptding the
- s. In 5 40.41, pangrsph (h)is edded e7 415,os stat 20n (42 USC 2239).
1 to nad as foUows: eetions talen punuant to paragraph section 50.78 also iseued under esc.122. 64 (t)(2) of this se:2Jon. for a1 laast three i 40.41 Terme arid conetions of Scenena. stat. s3s (42 USC 2152). sections 50 to-years. and shall raske the * * * * . 50 31 a3no haued under sec.164. Es stat s54. as unsaded (42 USC 22341 section 50.103 dse mantation aveilable forNRC (h) The fo!! awing conditions ar, also tasved under ese.10s.6s stat s29. as inspection, centained in every license issued under Sm**d*d(42 US.C 2138). Appenda F also the reyulations in this part. Isrued under sec.1s?. 6s stat. s55 (42 U.5C PART 40-COMEsTlc UOENSING OF SOURCE M ATER;AL (1) Low-lovel re dioactive wsets (RW) 1237L me be storod on-site. previded it is
- 3. ne authenty citation for put 40 is eu i nsad under susting cooditions of
, py's r h 46' revis+d to rsad a: follows: the license, and storage is conaistent tal and (b). and 50.54 (cl and (tf) are heued i with eustse under see 161b. 68 stet. 948. as amended (42 l A uthomy- secs s 2. s 3. 64. al. s1.141. procedures,g and authorities and .U3 C 2201[blt il 50.5. 50.71al. So.10:aHet i a!! relevant lloenalng 1s2. u3. a6 sa stat. s32. s33. s35.H - So.54 (al and laL 50 44(sMcl. 50.44 (al and l 653. s54. s55, as ameaded, mots.11o(2L E3. and regulatory requirements applicable (bL so.47tt). 50 as (a). (cl. (d), and (el.
- 64. Pab L e5-6o4. S2 5tst 3c33.es 10 on-aite 31orsgo. EW may Det be 80 4 sia). 50.54 f a Xil (i)(1). UHn). (pL (qh (tl.
amended. 303s. m 234. 43 stat. 444.as stored on site by the genustor beyond (v). and (y). 50 55tfL 50.55a la) tcHel. (g), amerded (42 US C 2014fe)(2L 20s2. 2093. january 1.1996, except as specigg gn and (hh 60 Stick 50 60(at 50 E2'bt tic.64(bh 2044.2095.2111.2113.2114.2201.2232. Forsgteph (h)(2) of this section. 50 65, and 50 60 (a) and (b) are issued under 2233. 223C. 22:2 L sec. 2rd. Pub L 66-373. (2) for on-site storego of EW beyond sec. is11.6a stat 54s. es arnended (42 US.C 73 stat 66s (42 U.S C 2021L sees 201. as jarWary 1.1996 (other than reasonable 2201(i)L and il 50 49 (d). (bl and (il. &0.54
- a. mended 2c2. 20s. sa Stat.1242. as ahort-term stenge r ocessary for decey tw). (s). (bbt (ce). idd). and Im. 50.55let amended. 124 4.124 6 (42 U.S.C &&41. 5642 cr for cellection or consolication for 50.59:bl50 61(b).50.52 t) 50.70(a) 50.71 5846). ac. 2r5. s2 srst. 3021. as amendrd by shipment off. site. in the case where the teMcl and ia).so.72( L 50.73 (al arad (th Pub L s?-415.96 stat 20s7 (42 U.S.C 50.74. 50.7s.and 50 to are issued under sec.
2c221 licensee has acceu to an openting EW 1sto. 6s sat. s50.u amended (42 US.C disposal facility), the licansee s.v.ali 22c1[e)k secuen 40 7 s!so inued under Puh L s5-document that it has exhausted other 7. In i 50.54, pangraph (ff)is added
$40 a$c 0 (Ile!
n r 1
$' d ste . e reasonable steps to centrect.eltbar e options to road as follows:.
E sc.54 c = m one w sioeness, is nde throo. soc.102,99 stat. u42 (42 U s C 2021L directly or through tbs Stata,for * * * *
- seenon 40 46 sho mued under sec.184.64 (f!)(1) On-alte storsgo oflow level sut est, as s.meeded (42 US C 22341. disp)osal of EW.
(3 De licenses shall reta.In all redioactive waste (EW) may be section 40 71 s!so iss.ed under sec.187. 64 rolevant documentation regarding the s'at s55 (42 U s C 2237L undertalen pursuant to existing For the purpcses cf sec. 223. Es stat. s58, actions taken pursuam to paragnph authorities and procedures (such as 20 u imended to2 US C 2273L 16 40.3. (h)(2) of this section. for al laast three CFR 50.59) and allnlevant licensing 40 25{d)l1H3),40 35 (a Md) and lf). 40 41 (b). yaars, and shall snake the and regulatcry requinments applicable documentation evallable lor NRC to on-site storege. EW may not be 40e2 s's n r i s b. a si t. Inspection, stored on. site by the generster beyond Is e : eden eI 11 a s et s PART SD-00MESTIC UCENSING OF ph o s o amended (42 U $ C 220101).and il 40.5. PRODUCTION AND UTILIZATION pher on-site storage of1.1.W beyond 40 s. 40.25 tct Idut and toL 40 nic)t:1. FA CILRit.S - January 1.1996 (other than rusonable 4 0.35(el 40 41, trit to 42. 40 st. 40 62. 40 64 end 40 e5 e o issued under sec. nio sa stat 6. The authority citation for part 50 is short-term synge necusar revised to resd as fallon or fu collect on or consoli.ption a forw deca eso. as emcoded (42 U.S C 22c1[o)). A uthority: s.es. 102.103.104.tc5.1st. shipment off-alts. in the case whers the 4.In 5 40 8 pars rniss es yo,s, graphs (s) and (b) are 1:2.183. ns.1 a.64 sist 834.837.ssa. Licenses has eccess to an operating 1.1.W 04 s. s 53. s54. s55. s56. u amended. sec. disposal facility), the licanses shall I * *'* *# # d & w'#8ee.ents: We spmL N2 133.2142Y3b2012232 . n as ezhsusted other' (c) The Nucleu Fegulatcry 223s. 2239. 22:2L wes. 201. es amended. reasonable waste management options Commission has submitted the 202.206 s4 sist.1242.u arcanded.5244. which would include taking all 1246. (42 US C S&41. 5&42. 5646), reasonable steps to contract.'elther information collectitv1 requirements section 50.7 also inued seder Puh L 95-centained in 1his paft 1o the Office of directly or throu 601 sec.10. s2 sist. 2:51 (42 U s C 51511-Management and Budget (OMB) far S*: tion 5010 a! o tuved undemes.tet. disp)osal of1.1.W:gh and (ii On-site stora8e activities willbe the Sta approval as required by the Paperwork 185. Es stat 936.955 u amended (42 U.S.C F.educticr. Act of1980 (44 U.S C. 3501 2131. 2235). uc 102. Pub L 91-190. 83 s'et. consistant with, and not cc:npromise. i a safe operation of the licensee's et seg ). OMB has epproved the da ,ed m stat. activities, nor decrease tbs level of information collection reguirements 939, as amended (42 U.s C 2138). sections centsined in this part uncar control safety provided by applicable regulatory j 50 23. 50.35. 50 55. er.d 50 56 also isrued requirements. number 315L%0020. , (b)The approved information under sec.1s5. Es stat S55 (42 U.s C 22351 (3)The licensee shall retain all sections 50.33a.50.55s.and Appendia Q relevant documentation t'Earding the u.llection requirements contains d in also 1ssued under sec.102. Pub. L s!-190 actions taken pursuant 1o paragrephs
. , _ , . . . .,s 4 sw. .o ,
a* a womany. Teoruary 2.1993 / Nea-d Rt.tles 8737 05 ((I)i2){i) and (II) cithis sec!Jon brc2 (2) Tor oc-sits C10nte DIEW beyaod lea.st three yous, and shall Enda the 72.160. n.164. 7L164 n.170. MJ72.
. . '.g ja.cuary 1,15$$ (other than rea aMle documentation arailahis for NRC 71178. n.160. n.164. 72.1 M are issued
- short. term sta age Daews for decay tzder sec.181b. 64 St.st 664, as . .A. d H2 I "T inspect.ica, '
or for colisetjon or consoU tion icr
*
- UIC 2201fb)L ll 72.10(al(at 7L12. 72.12.
shipment eff. site.b the cue whus the n 24. 'n25. n.20 n.30. m2. nutal
.d PART 70-DCNESTC UCENS N3 OF SPECIAL NUCLEA.R LLATERLAL Lernsee has avecess to a.c cperstbg LLW 3, ,$'2 .
- dis posa] 1s t.ility). tho licasses shall akd) l B The authenty citatles for put 70is document that it hu ashausted oder 72M. 72 R 72.100. n.tc2tc). (dL (0. <
nvised to read u fol!cnes: reuenable wuse essagement opuans n.1o4. n.10s. n.3 20. 72.122. 72.124
, A v.honry: Secs 51. 53,161.18L 183. 64 which would include tah.cg all n 12s. n 122, n m. n.16et (cl m a2.
nuoDab]s ataps io enDtrKt af ther 72.144.72.166.72.14s.72.150.72.152 5m s2s. s30. Hs. s53 s54. as amended. 72.154.71154,72.154,72.160.72.162 Soc. 234. e3 5 tat 444. as amended (42 U.s C di% w thr 72.164. 72164. 72.ts4. 72.t ro. 72172. 20?1. 2073 2201. 2232. 2233. 22s2L escs. daspcsI of LL@W. h StatA far 2C1 u am ded. 202. 2D4. 206. &S St.at n.17s. n t s A 72.t s2. nm. m ss. D) Re boensee shaU ntain aU 7Liso. 72.132. 72.164 am larued under sec 1242. u ame ded.12 64.134 5.1266 (42 n]rvant documeetation regsiding the 181L 6A Stat D4s. as amended (42 USC US C M4L 5542, u4 5, u4c). actions talen punuant to pangsph 2201(i)). ud il 72.10(el n.11. n.1 a. FL22. 5 : tens 701(c)a d 70 20 erb)alsoissued D)(2) of th!: socion. for at laast thre* 72.24. 72.25. 72.2s. 72.30. n32 nW3). under seas.135.141. Pub L 97-425.M stat (cK5). (d)(3). let (fL (bl 72 44(bl (c). 2232. 2241 (42 US C 10155.10181L Secthon yaars, and shallinale the 70 7 alsoissued under Pub. L s 5-601, sec- docurDantation avallable for NRC 72.50'b). 72.54t al (bh icL 72.54. 72.70. 72.72. inspection. 72.74 f aL (ht 72.7t 's). 72.7s'el 72 60. 72.s 2
- 10. s2 5:e1. 2951 (42113 C El511 Sectaan 72.s2fbt 72 64fb). 72.160Cbt(ch(d).
70 21!t) ako lasved under sec.122.68 Stat 72.164!a). 72.1 M. 72.168. 72.150, 72.152, 939 (42 U S C 2152L Secnon 7tL31 sho FART 72- UCENSJNQ 72.154(at (bt 7L12. 72.160. 72.1E2. 72.164 isrued snde sec 57d. Pub. L S3-277.*s FEDU!REMENTS FOR INDEPENDENT F1170. U.172. 72.t F4. 72.175. 72.160 ! Stat. 4 r5 (42 US C 2077). 5ccoon F0.22ft) STORACE OF SPENT NUCLEAR FUEL n.164, n.t sa. n.is2. n.212fbt 7L216 ' aho Israed u:de P b L W240,sec.102, AND HICH LEVEL RADIDACTTVE 72.218. 72.230. 72.2Mia) and [g) uv isrood H Stat.1642 to2 U.SC 2021L 5ect;sms 70.3s WASTE under sec 181o. 68 $4et. 950, as ameoded (42 and 70 4 4 also larued under nac.164. 64 Stat. U I C 2201[e]L s54 u amended (42 U.S C 2234L 5m:: bon 10. 72 70 t1 she urved ceder secs.1se.1s7. sa is revnTh* *"thorftI ed to rasd u follows- diadoc fm E 11. h $ 72.14. Parapuph (blis added S'e' s15 (42 U $ C 2236. 22371- Section to rud u fcDowse 70 E2 s'so lar. red ut der sec.108.64 Sest s39 A utborcy: Secs. 51. 5 3. 57. t2. c3. E5. e 9 ! e amended (42 US C 213sk 81.1E).182.1&3.164.1&E.187. las,64 54st $ 72.44 Uon%e cocassem. Forite s29.5 n.s12.s33.534.s35.e4a.s53.e54 e e e e e u amend,.rurpcaos of ac 223.es statst5.s5s. u asseded, sec. 2u. &3 Sut. 464. es d (42 US C 2r3). 55 70 3. 70.10 2)ne fo)bwing conditic=s m
~ 19xt ~ 21tc). 70 22:a). fbL tdHL). a=.anded (42 U.sc 2071. 2c73. 2c77. 20s2 70 24,s1 an d (b). 70.32la
- 3), (5) and (El. (dL 2093. 20s5. 20w. 2111. 2201. 2232. . ,.13, og g ,"I g g 22M.12%. 2137,2238. 2282L esc. 274 De Ngdadens la dis part:
lit and (1). 70 38. ?c 3Fb) a.od (cL 70 41(al 70 4 2'ai ar.d ich 70.56. 70.57(b). Ich a.nd (dl. Public law W373. 73 Stat 648. as amended 70 $ Bla)-g 3). a:d itHj) are larued under (42 US C 2021) Sec. 201 as ame:ded. 202 (1)lew levelis6oec2.ive war.a (LLW) cay be s cred on site, prmrided it is 206. 84 $1at 124 2. as amended.1264.1246 sec 1Elb.68 sudorized under anstlDg ccDd ticas of ' 2201Tb!L { l 70 7.$70.10. tat s44 u amended 70 20sta) and (d). (42 USA (42 USC S&41. &&42. &844L Public h w $6-the Ucenss and stonge is consAstatt 70 20tsc l and fe). 70 21(c) ?t.24Ib]. 601. sec.10. s2 Stat 2:51 (42 USC &&5th 70 32 a db). (c). (dl. (e). ud (gh 70.36. sec 102. Public hw s1-190. &3 5 tat. 8.53 (42 w.ith edsting authorities and to s ireWe 70 56. 70 57fb) and (dL s.sd USC 4332). secs 131.132.133.135.137 I d *** "
- U "!""#I U# E 141.Public Law s7-425. M Stat 2229,2230 tad Frplatcry requinme:ts appbc1hle 70 s tJa He31 ed (1Hi) am issued under 2n2. 2241. mac.14 8. Public La w100.203, to cosite r.orsge. LLW may not be sec t e ti. ts Stat u s. u amended (42 U sc 1c1 stat.13W235 (42 U.sn 10151,10:52 2201 fill. and li 70 5. 70 s. 70.20bfd) and fel. 10153.10155.1C157,10161.101f.4L stcred on.e te by ths generstor beyond 70 32i!). 70 32. 70 50. 70 $1Tb) eed (IL 70.52 Session 72 64(g) aho Isrued under esca, lasusfy 1. IME, eacept as specEed in 70 53. 70 54. 70 5 5. 70 54 M4). (h) and (1). pangraph (h)(2) of this sec2 ion.
70 59. and 7c f&b) and (c) a o isrued under 142lb) and les (c). (dL Public Law %2n3. eat 161o. E.8 Stat 950, as attended (42 U.5 C 101 Stat.13W232.13W236 (42 USC (2) For on site storage of LLW beyond 2201fol! 10162:bt 10168teJ. (d)) Secteoo 7244th) elso jane 1. IM6 bier du raamable y m tesued under Pshhc ta= i+-240.ac.102.99 sneMarm stenge tocassary for decay 9 In $ ,e.32, parapaph [])is edded to sat 1642 (42 U3n 2021L Section 72.+e or for ce!)ectien or conschdatica for
"*d 88 U0*82 sbo issue.d u.=>du sec.18 9. La Sut. 555 (42 shipmest off-site. !s Lbe case whers the
$ 70.32 Conert;cra of th US C 2235). sec.1M. Public 14w s7-4 25.96 Uconsee has secess to a.n operating L1W Sut. 2230 (42 USC 101541. Section 72 96ld) disposal facibty). the Ucenses shall aho issved under sec.145's,). Pubhc 1Aw
(!) Tb fo!!awieg cor>ditier:a m 1D> 203.101 Stat 13W235 (42 U.st document that it has ex.lsus!>d other contained jn every Ucense issued under 101t. sis)L subpart I the lasved under oms. reuctable wu's entnagernest o ufa 212). 205). 2D S).117(at 141(bl Public Law which would include taling al) ptions the (1 Ncw n, ens tn this pert: g,g}, level n 6cective w azte (L1W) (42 s7-425. es sat 2202.22c3.2204.2222.224e U3c 20101.10127( L toist(tJ,L 7 8' d,.e direed s to6contreet, either
~
may be stored on.ute, provided it la subparts K and L are also issued un6er sec. auth=rised under exieting condtions of 133. s,a sat 2230 (42 US C tes53)and sec. disposal of the W.'Sl*liQ' the license, and atcr:Ee i* cortsistant D)The Uceraee shd! retain su with eWsting autbontaes and 21::a). 96 Sut 2212 (42 US C 101s4L relevant docu:netadon rega7d.irg the Tor the pwposes of eac 223. sa Stat est. edons iden pursuant to panpaph "I I"d'#*** and all re!retnt UcassieI as a= ended (42 U.5C 22nh fl 72.s. n.12 72.22,72.24. 72.26. 72.2&ld). 72.30. 72J2 (h){2) of thia secdon, for allsut three and reguistory rMuirernents apphcable lo en site storsge. LL% rnay riot be 72 44(al (b)(1L (4) (5) (ch (d)(1). (2L (el (fL san and shall toda the r'e rd en site by the geterstor beyend D.). 72 4 8:s).72.50 fat 72.52:bl. 72.72fbl. (c).d. octl5enteden evallable forNRC Januey 1,IC195, except a5 specif.ed in 72 74 'al(bl 72.78. 72J3. 72.104. 72.106 appe&n. perspaph (1)!2)of th!s section. 72120. 7 ' 12 2. 72.124. n.126. 72.128. De'ed et Rockri!Is. Muyland, this 28'h det n.1 M. 7 t140ibt kl. 72.1,4 t. 72154. 72.156 cf Janary.1M3. l
s
t 6738 Tederd Regist:r / Vol. 58. Ido. 201 Tuasday. Tsbmary 2.1993 / Proposed Rttles !
e For tb Nudur Reguistory Coenrnissino ht miacettaneous lectors. such as the efforts tac tste and what would these Sue uri ). Chalk., ofindividwal enerators te cmoperateg wsth oczm=plishT"ne options ruge 1am tallr4 E' 5** O' "' ' **oded to *do the pb no c.ew actions.to enccr.trying d6aposal as Secrrtery of the Geowuuson. we have in Om past. to forrally censidanr4 right" and tacoe b development of o,, Appendin A.-Summary and Analpis weste duposal technology. he mesidered in disp: sal plus and prog ess in the 8.-*r of Coc.ments in Rasposse to the Federa] any Ccmrziuion etorge authonsations. of rionge latiLLes (See torponess to Rsgis.ter Notics of December 4.1990 (55 The oNy sig:dcast trend in h cornments Quesuon 7 br a discuss 6on of these wu that indmduals and public totarost additaccal urwances kr disposall. FR W W gnues tended to favor on-site stonp beyond D.ber facton br rio ap licensing Summary. Amaty ais a.ad Conclusione of 19M Many of theme ccx=.metten sino bebeve suggested by ccc.:nenten go beyond & Emepec.an to Lant C% euens Cencarming the that waste gewabcc scrivatsee abould be considerstao:.s that norrmally apply to Ls=-Iml14dec.actee Waste Polary stopped untAl disposal capacity Ls evalia.his- licar. sing included la these are forecasting Ameedn.eets Ars ad1843 Dear favontg of on site storage at a the evallabihty and benef ts of Dew ger.eritor s facihty was u outpowth of the t.chnology ar g =ute disposal and W8N8 belief that Sates should not be responsible considmt.cn cf game stors cooperating with Dunng a pubhc meetaug of the Comtnluion for L1W narage:nent States. compacts. Statue La denlopit:g disposal capacity. en Ocioce 29. m0. tra Co:ntnission utihties and oder geceraton abowed no with nspoet to the suggntion that the dec ced to schcn the vaws of tre pubhc on clear p elcrence for any NRC role. Comrtnasion cc:s; der suspsoding py waste the staf' rocc::. mend staons in SECY-M-318. producing act;v*. ties if darposal capacity is
%w@ vel Radicaeuve Wute Policy g4 ocd evaliable. rtorage could be salsly Amenc 4nts Act Tatie Trsnsfor and With respect to wbeder NRC has the abe::omphshed untal dispoul capacity Possession Provisiota." dated September St. authonty to *ectorce"the provisions of th* bacones eva.14hle. Em la no pubhc health 1990 Pubhc comment wu sehened in a Lt.RWPAA.NRC could taka man to ano u.'ety reuen b etopping waste Feders] Kesister notics (FRN) published on encourage d,sposal NRC has brood authcrity producing setsvaties.
Dece nter 4.1990 (55 FR 500641 His notice a.ndar the Ainmic Er ergy Act of195e.as la suramary the principal factor in the aho requested responses to eight related amended (AEA). br rules and orden as it Commission's decision to authonas on site questic s A r mrwy and at analysis of the
- rnay deem ceceuary or desirable to * *
- storage is = hat consideration needs to be eesponses to tras TRN are provice.d below. prniac1 taalth or te mini:cima danger to life givet to uh r.s e disposal plans. QserJon 7 Feeme of the U S Supreme Co M s decision and preperty? The public health and safe *y (auurances NRC should recuire for dieposal) in Arw York v. f. inned Stores. the su:nstry is enhanced by disposal.rsthat than by long- dancvues what acuocs the bemission ca.n and ensly s.: rewed to the tako-title term. indefinite storage of wartes. Disposal of tais ifit chose to consider disposal plans.
provis:en of the tew.leel Radioactive =astes in fac.ihties hcensed under the 4scon 2.What are the potential health
%are Pohey Amendments Act cf1965 requirements of part 61 or its equivalent will asd safety and esviror.= ental !=pects of fLih P*Al we e rende ed inoot and prende better protectice of the pubbe bujth Lecn ued nhc.:s on on site storage oflow-connaquently han been omitted. and ufery and e:vironment than long4em nrvel waste?
Oststen L Wht factors should the storye at perhaps bundreds or eens Cc: . mas.cm considerin decidicg whoder to thousands of sites throughout the ccrtttry. Summary cf Carments euthonsa en-site atorge oflow.lrvel waste Further.a mer.as wu attablished between Altbogh m:me commenters behevo there iother than storye for a few months to d sposal and pubhc haalth and safety and would be osider baalth and safety ser accer:.modste operstier.al needs such u environment amd long ter n rtorage with the ernvironmental a!!,ets from storage of LLW. ccesol datirg shipr:ects or holding for rassage of the L!.JtWPAA.Dus. NRC has the other com=ecten believe that ruk or l tresim.tr.t or decay) beyced 1%67 broad authonry to encourage disposal over exposses to worLan would increams. ! rtorye,ifit feel $st specific maarures Various conce .a were raised by some l S'ecry of Ccements would he beneficial corr.:nectors reprd.:3 the risk a sacciated l De pnncipalissue rained by & To date.the need for ertended storsgo of with multiple storys sites,with fire hazards i corceerne s wu =heder NRC can end low-level wute hu been small te almost a.nd with er.hanced corrosion of wasto j show!d cres. der 6.hir .a o docsal as a factnr rion existent because low.len! vaste has poclage. . Chhen pointed out that < in us ste ye awthor ut.ons. Some teen shipped to the en.isting wiste disposal ocrupaticca] erposurse would be increased j corcrnen en beLen that NRC should sits:in cperstien. As a result. industry by rcainter.an:e a.cd surveillancs activities. e.cr.s.cer only pro'oetion of the pubhc haalth espenencs and staPireviews and guidancs and the pou.his ropackaging of warte be ce safe 3.*nr.out any pnfe enes for bn not odd essed lo:ger-te n storags. disposal d s;ms! cver storge se ns hcensing Many of the ccm:nenters on this quesuon Several cce.santers believe that a ruk l dras. cts != tiis rcie. NRC would sir: ply pointed oct spacine hazards and technical tueuc.ent should be perfonned to better I car > out us mer al beensieg and inspection conside stions that toed to be addressed Lf def.no the nska succiated with storage. The funenons 6r either the stonge or disposal notg.tcrrn storige is to be used. For esa:cple. risk - est should include a compartoon eptien Chhe, suspsted that NRCcor. sider container degradation f om storage in humid of esttrslized storage va. on site storage by not just pi.the health end safety, but abo environroents. and gu genarstion froen g e nerators. Finally. several commenters i endenes of propns in develeping a dispc. sal radiolys'awe o two conearns that were poicted out tist storye on elts would l facihty u o cotdation for issuing e storge highhghted and which would need to be - eliminate a y ruk f orn trut.rportation i heerse Coc. menten charseterisad this role eddressed. Addrusirg allof these concerns hazards and would taba edvantage of alitedy l for NRC u the "enforemr" of the LLRWPAA with indeLnite long-term storage could contaminated sitoa.nese cmcranenters . 1 O'he s ep,ed with tbe rts!Ts approach in require safv*y measures analogous to those ferared notg4e m.IndeDnite.on site storage sin-Mis = hich stated that the a for perresnent d' posal. An above g ound over naar rur'.a:e disposal Corvntssion *does not look favorably upon vault meeting the performanca requirements lor gaerm en-sne storap mRet 19M." but of part El is an exa=ple of the type of leciltry MW
= tech ecinewledged that at leart same short. that could be justif.ed if e licensee were to NRC ap,ee wid cornmenters who bebeve term sto ye willId.ely be reutred aner r.ee d emphcit euthontation for lor.g term that the pubhc heeld and safety and the SE 1 tt:s rcle. NRC woul2 encouage" storage Cuidan:s for s czptable low-lent envirec=ect could be adequately pec<ecsod shspesa!(or not lcck favorably on storage), waste storage practicas for periods with on site rtorage of LLW. Although h bat modd not mah disposaJ plans an significa:tly beyond 5-ye.ars cr.sy rised to be safety mearres for lor.gaen: storage enpl.at cud. tie: f r eattoraz.r.g storyo. revie-ed a:d sneued u noted in SECW9>- facht;es wall be gesater than these employed Many speofic tec.hrucal or administrative 318. to usure safety. now for short.tene storage maarures can be Issus s et u wu'e centainer degridstion Civen that the NRC has authority to underiahn to p event or mitJgste the effects l of the vanoi,s enterr.al and ette cal hs.zards and NRC renowrces to perform storye hcer.n encange disposal but at the sains time reuews.=e also rnectioned in responu to teheves abat LLW could be safely atcred.h at e storge facihty. However, potential tt:s question Cortmenten else sur,gested question tecomes *'What actiors could h esposures te wo-Len will be redocad if i
Federd Register / Vol. Ese No. 201 Tuesday. Rbmuy 11993 / b;-M Rules 8739
. i disposalis scroe plished. Perm-t
, desposal of Llw has s!-eys born the No.thm wwld 1 son be an adrene impact. Ques:Jos d.What speciSe Wete eers.
preferred ept.on for matagicg wariesEe Ma: y individal cocee= tars er puhnc intenc g oups believe that singe wu h tectrJes! ssd lep! Isr. ass es rained by the LIEWFAA reCects siis preferenca.The r=quirements kr trusfer of tillst desrgn fossres of a d.sposa] fecitary, prsierred opton crver dir;esal and stated that includirg the esturst fesmres of the sits, the o would be no adre se ispect They gunna7 ef %_ protect ats:ntt a wide rarto of events and believe that cumet disposal technology is The ocanroerits in rurponse to this question phenomesa o.e e Ices penod of time in not adegaste lor of coact:rg puh!ic beelth and eddrosasd the ta.Le tith pmnrior.s of the centreet. and as a ru . Mr of comiceete safey Several o*}.en khen that eBowing L1RWPAA. Became of the U15upre:pe r oted. sto age wedd Invoin in:reased kr rmrsge would blp is adieveg dispana; Court dedsloe in New Yari v. Uuted Stoast i w orter empts e t cre unicadicg the wute cape by tuowing n: se for cc:tnq end h revision to b Poposed rula,these t or r?o are fy d:speut sib;e ware imm amoeg States. thewby reducicg the number comments and the usocia'ed stafysis pu p-xa sor g s.ch a swe.p:ation a or ,9 g ,,3 coeded in h ce*umey. hey snoot and cee etty an sac incjuded. npet'.arq te rmt tt e ware acceptance also be!.rn that storgp would provide the Quntion W t a o tbo edrantages and cntern of a d:spoul facibty = ben one time rweded to do the )cb right.no quartie disadvantages of trufer of utie and bewr e aunabe. and rad.ataca surveys is A kw te etd cut that Possesaloc u wpartie stepsf sLntg storsp. . j Escause of the U1Suprume Csurt b order te edequately protect p ruatsoir is se d wf g g and safety, esistir.g s'orage ses facifu ubhc baalth dedsion in New rart v. Umstediactas and gg,g may ""'T meed to be subs ant. ally at: proved so stors Sevnl mognissd that stongs wgj g questeen is moot sod cennequently W wares sa'ety for long penoda of tims. Actus) smatry, but at the same tee nemnged surnmary and m.talysis assocated with this stonp conemens != tse now range imm the N m permu esp OMy wM question aru not induded. sheet steel b.eders en a ccm:nte pod to t'*crsacy. Another comroenter point out Questson 6. Could tay stata or lact!1rws roo ns in hosynOs and unive-sities to several that the iDtWPAA centsins emple foot theci concrete rnodu!es These strucrurus locantms to promote d, p , de h em I without rney er rr.ey not have tur:adity and c*eding to consider the e act of NRC's temperatun control ryve :s and could be s brect tc.c.targ:r.g ennrenmental storere pobey. Commenters cited the cort t g, g gg Qg generators or States for storngsahe nse the revisiet to the preposed rule h condmons ne pess.5:h*y for dersdation of (space and personne!) whict would need a question is oc e.cd ccesequentiy & the waste tesace : *di er.:st and wdl be a be devoted to on-she rtonge at a pearator s y a:d tra]ysis usocated enth this h;te >cn of the ever.a$a used and the site, the possible bs: of #w in e State if " " *
- enntenment 1: whd they ar, located. As a compnies toeve to umas which have beund.cg ccte.t.en a ro age fachty with an disposal capedty, and the pohtical iz:pect in g gg indef.cas ;ende of ronp for its desagn e d uJd r.ee$ cc:t o!s s>=de to those As part e 5:ste larger quantif 1.1M must 2t;es at be stosites numerous ed in incroaatogly Q ;",I ,, ]r , it 61 for a c'.smal fechry.becaase the desp throughout a State' g Lfe =c~.d tse tr e same. any, atould the Commission cor.s2 der in The NRCshould not consider azy odwarse Ircuwd *are b- m;&ements tr.sy be imp:ta of stomy As noted in h response pmcMa-!y t y.a:1 for Clus A waste "' *4 #dd ""S***I to the f.nt quntion en fieten b NRC
= t.c t scrmany is cet ra bdaad pnar to thould cor sider in euthorizing escrate, a - .- S mmcry ofChinacats slapmett for d.epou!.Ltd br sey stab.e Ndtarartaces we u spedd % b number of commenten bebeve that NRC's
=aste f rms wtec.b des sde u a resalt of the men of M 27 en -necters on this quartics.
sfe tp eeviretmen n.: *we may cecitin role is one of only licensing and ove seeing he NRC lacks the authonty and its role is quetsters of absc Wd 1. quid which,when storap or disfosal fad!!Oes, witherat having alene or in the p esence cf rsd.snon and a p efr enes ror one or the othrt.Rese same WW m W 11 erg of dhr 6tpW or sto ap in their etew. DJ.ar cozzmente s c gsine es'er:ais. mav ; odum o*pcic acids co=mettm thenfon believe that it was inapprepnste for NRC to a sk this question. indicated that if NRC believes that ruch ar.d/cr otter :pec.es. Rese specin may essursaces are needed,it abould eesk an accelerate inte .a1 cc rosien and failure cf Arhohis t :.edment 2 h M'PAA cr Miste e corr. men ste sp cc:ta tr s. g3 %g,g j , Sey ! cc rentr s pointed out the need Cort.mecters who ested that storsgo would have an adrene v pact provsded litda or no stortp in 10 CTV pan 11 in which the for nsa assess-.etts of storsp cptions. NRC as uname e cf a .y quam:tause comptnsons kses for thei resition.His is tot surprisicg Commission made e !!cd ng ht them was cf the ra6s and esposces usuis ed wnh grun thet the queetion calls for prediction of contdence that ultimate dis;att of rpet the W dich cf.en mest be based on fact would be er.hieved et a fur.:n date. ssnp u c spea.and en-sse storare va-centrahted s'erap MC wel ts.e sudable Judgment rather than hud data and scient4fic For tLcne cornmette who beheve ti.at brmulse. - estursaces wsrs a;prepnate.the kinds of ast a st e dy a d D E . e beben that them would assu snees va.ned One tecn= mended that su.e.e:j .ne -m us tta scor .ai.on in na 6' ""d"'" '"P"' " d;'P "I Poin'd 2 stortp beyerd S ytes should require a ?iste E!arn.ra A~" Nonal MC work rr.sy be the ina tives that will rema.n f r a $ tete to or mmp6c plan n bew de Stak or mmpet 1 denlep disposalcapectry.1 rn;ctive of the intends to dispose of the waste so that storap ! 5 .ep eris na nd 1996. rehef provided by storsgs In particu!st.ther* is not defacto disposal ne com.menters also believe that while a State lacks disposa! Questen 3 %ould lo+1evel waste storsp an cons p the State and4r gn.enm@ for otte: then cpe st.enaf ceeds beyond possible loss ofjobs if a reterstar mens to capacHy.thm shwid be te hansing Jan.;a y 1.1W4. tan at edis se imp *ct cm o state wirb d rposal evallahility; a:d. if between etw and Januey 1.1996 of any tecihty that tr.sy geoerste signitcant vm *ts the inctntive for teely drulopment of gemmer msgo is common.6e pohM pc- .nem d.sp:sa! capamy? ISE8 0' CI
- I'V """ C "" *0 of was e ann dat date Mn behrve that
. M PLM*' 8 dd 7'N P **** *0Iu2*8 ever gmwseg trooasts of LLW.
Summary cf CamineMa
- a,xurstely and that demonstrated prtyens At tLe same time, h*RCag ses whh some Cc ens in r-sponse to this quest,on can cc=r:er. ten that short-terrn sto tp may be towuds isratnes c's tiert.se to operste e be put ar to the icUo.ieg categones; ret ional disposal incil;ry would be ra!Destat.
n*ces8uy in Som* St*tes, espedaDy those O=e commentre rugpstsd that a evernor's Yes. there woJJ k an adve se irzpact- w bd ha ve ::.sde a gcod faith effort and somew het less tts: Mf c f it ese -he pn carnEcatica be reqdred that would be i continue to do so into the fur.:rs. similu to those Ortsdy submitted u ps t of a yes et ne a .rmer debese rtat s:o ste would Nevertheless.on halan:s.the NRC beheves ed.e seN s. cec treh teweepmest of th e 11RWPAA milestete compliance of that an NRCpohey wbd placed oo }stmuy 1.1990.Ro requirements of the disposa!'capserv Gene :!y trew rerponses disincentives on extended ce tendequate we'e pouced ti host Stes e ec poet er cam. cation should be simple and svs!1able ste-up werald hkely tend to discoange to beinsees to sutrut wnb the incumse to
; u.d.at y. d spc4al sto*, or with the s;p!1 cation to amend the l
l
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S* J, e 5 6740 Tederal Register i Vol. 58. No. 20 / Tuesday. February 2.1993 / Propesed Rub o pussesaioe tantt in edddon.they beliers 1. Sume cornmenters mentioned NRO action actively supports tbs goals est lori ta shot the NRC should regdre that tra smrage policy and = bether or not it wiu be the LLRWPAA. rowmor's comncatson tac!ade estimates of a scattee of cxrnpst'bitaty with Apsacesst H the cosis far dapanel cepecity for weste States was mentacted by some cxc.menters. e 545 eel l mauge=, ant decision maktt& If not. Ag orment States w1U li:nnae attrage same caos - WHb reptd v wtre the Cc.mmission en a:x: ort:ancs =sth their own sawsp polu::ise should rg Ln the us rs.tces,two and pmcmdures. s:xnr.menters theumd the t.= lng iseus and 2. *nte failure of accoe Staten to resoles CEPARThimT OF TRANSPORTATX>N faevied on the 5-pc sic sp ta=o tama ne legd. ocnnomic, anfJor political isose wi!! uher ccc.rr.emn presa:r.suy bel eve tr.at cause additional daisys. Fedars! Aviation Administrauon the usurances shm,td a pply at any time the 3 Accidents that generate latp amounts of L me would a; ply far e storap license. wane not pmviously planned br codd cause 14 CIN P8ft 38 j sto==> ended actioc try tGC *ss the a signircant disposa) problem. W h R26% i N 4. NRC and Ag sement State resawcas. as A nulpar well as pmoncel tralred la stormy AJrwormineta Directina W
- 8. censing. nood to be la pleen. Model767 Series Airptsnea Lae Quemoc 1 Imnesreing the fenors the S hhan wasm and naWyg i Gernm4sioe could consider in authonzir.g ACDCW Fedartl Aviation and *CCClerator-Produced redacecties
*tungeL tras twastion she eddresses the role rns ensis (N ARM) waste mood to be Administntion.DCTT.
of the NRC in arrp;s=ectar:g the LLRWPAA. ti presanes that the NRC hu both the addressed ANJ Notice of propoud Mdag authnney and the willir.gnets to seek Anospie (NPFMI. f3C has n t ansmpted to resoln each of I .IenfeIc rC n ta w th issues a ce suwi4Asm This document reposes the aon with tbs analpis adoption of a new airwort IDus Na prtmese. es noted in the analyses of ap c commn a Many go beyond the
'8e ciuestic*is. they a?so bebeve that this directies (AD) that is applicable to 8 "
= as nos en ap;-rpriate quertion for the NRC Certain Boeing Model 767 series l
en a3L He-ever.the NRC ut: der the AE.A.
*I[d a rplanet.W5 proposal would require ;
as they pmceed. Chhe s require e decision on eks have bmed authertry to promulgate the role of the NRCin encoa.nging dispotal dy' Penetrant inspection and proof and others wlU need to be ir!! owed op at a pressure testing to deled crea is or, I d d dan th6 NPtums OMe cmssover pneutnatic Lat=r tima. pubhc. dms. and Mpsit or replacement. as Two of the abon comens deseme A re.azter of cornroenters gsn eumpins of attention hen. however.The f.rst is that riemary.This proposal would also the types of uerances that could be famisted by the Sives E.rs= pies would A g/coment States. which wil! perform much requhe stress reb,evmg of the crossover "I d' I'consing for stonp.should edept tb8 du::t assemblies.This proposalis c.chde a *p!an" br d.spesal or a govemor a same or sirnila.r store 6' Policy as NRC. prompted by senral repons obptured umacation. both cf =hich would be mesot License conditions for storere beyond 1996 eo demonstraie that a State Las an acine. eng!De bleed air CUssoest ducts.The naUe proyarm br the devolepment of are not curmody coepsGHW rquimments" actions specified by the reposed AD
'h'F"*1 C'P8 b'!4- The second issue concerns the empo of the are inten'ded to prevent ilure of the fo h 5 a es la ew n s respo la p@ ah mer Ms.wM t Ctasa e th LL d: inctode some Federal warte and any could result in loss of pneumatics and ca;wcity wi!I be avaHable in the future,such damage lo a@canMructure, assurata is s ailaus as indicated in the decommissioning wasm or waste han ane'ysis sacic: cf Q.sestions 1 and 2.and contao insted sites that is removed in order DATES: Comments must be received by
- curs not require a fermal rutemabrg.u was 'u "IAD" sites to meet the unrestricted,une March 29.1993.
s.:tJss ed by sestral ccmmenters and crituson an deonmmissioning AODattssn: Submit comments in . - pc6rmed for HLW. UnLis the HLW Conefuasons triplicate to the Federal Aviation The fo!!owleg conclusions can be reached Acministration (FAAl.Tranrport
. d n #"' UI
- opr-atien aac safe 4 ise!antg = asse for 8 "8"Il CM' IO?'50inE *n8I 588' Y Attention; Rules Docket No. 02-NM-stutaves si f.amweH. SC. Hanford. WA, and 1. Althrough LLW can be safely stored.
fx atty. NY. Addatiocal dispos.sl capacity is dispnsal would achance the protection of the 201-AD.16011*md Avenue.SW., espe:ted soon Se te States rney have their pub,lic health and safety and the Renton. Washington 98055-4056. f r.alaias in opention befan 1ME There
*""ronment; Comments rney be inspected at this mr.tinued to to cther eptions, locluding O' NTAA has estabHshed the location between 9 a.m.and 3 p.m stnrage untal a disposal site is locate 4. or prefnetnce for disposal over storge sad Mondey through Triday.except Federal l established natior.at goats far achiccing ho!! days.
contreding with another State or centinuing edequate dispr4al capacity: to pesue cevelepment of a site within the The eb ihatiodemd b Atom .r a veo b PP d EM Nh UN .
= ther 11 !y s of ut Boomg Commercal Airplane Group.
en:tly
- hen and when it wi!!16be placa. di8PO5*!Pursuant to the LLRWPAA. P.O. Box 3707.Saattle. Wash,tegten Questoon a Are there any other specific 4. On site storage by maey I.1W enerators willlibely be omssary due to the of 9812Gs informabon may be nsues that would compliere the transfer of progress by States and compacts in examined at the FAA. Transport t.0c and fossession as well u on site developing suff>clent dispost! cops:: fry. Airplane Directorate.15011.ind sinesp. of tew. level
- aste and snized lesar ed,ve a ed r.te:nical hanrdows) waste? ne NRC has concluded that a rutemahtng Ave nua. SW.. Recton. Washington. I i
shnuld be initiated to enrure that LLW F08i FURTMEA thro:WATr# CottiACTt Mr.
*d"""#7 'IComm'M8 ger:entors exha:;.st all other tsasonable Timothy Dalin. AeJospace U.fmeer. !
A **de vane'y of comments was provided cr.anagement options befo o onsite rtorage e b OTO* ! en responer to tbs ques',en A mumber of well be permit'ed beycnd January 1.19E ANM-1305; FAA.Trsnsport Airplane the n wtwe discusse d in connection with One such optien is to pu rut e cen: rect for Direcorate.1601 LJnd Avenue.SW., twenous questions Corvoents stnctly shsposirg of waste. Tbs action wl!! reiriforce aJd ersing t insfer of title and possession are the Commission's position that it wiu not Renton. Washington S5055-405E; not included tenuse they a o snoor lud is vonbly on on sits s4arap by telephone (206) 227-2575; fa.x (2061 krna.rneg iss.,es include at e Fanowing- pneretoes. after January 1.19 M. and the 227-1181. . i
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