ML20072N964

The Role of the State in the Regulation of LOW-LEVEL Radioactive Waste

ML20072N964
Person / Time
Issue date:	03/31/1983
From:	Brenneman F, Salomon S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF STATE PROGRAMS (OSP)
To:
References
NUREG-0962, NUREG-962, NUDOCS 8304040019
Download: ML20072N964 (18)

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NUREG-0962 i

! The Role of the State

'in the Regulation of

Low-Level Radioactive Waste i

i U.S. Nuclear Regulatory i Commission Rsgion i Offico of State Programs F. N. Brenneman, S. N. Salomon f- -,,,,

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0962 R PDR

NOTICE Availability of Reference Materials Cited in NRC Publications Most documents cited in NRC publications will be available from one of the following sources:

1. The NRC Public Document Room,1717 H Street, N.W.

Washington, DC 20555

2. The NRC/GPO Sales Program, U.S. Nuclear Regulatory Commission, Washington, DC 20555

3. The National Technical information Service, Springfield, VA 22161 h

Although the listing that follows represents the majority of documents cited in NRC publications, it is not intended to L e exhaustive.

Referenced documents availaNa fer inspection and copying for a fee from the NRC Public Docu-ment Room include NRC correspondence and internal NRC memoranda; NRC Office of Inspection and Enforcement bulletins, circulars, information notices, inspection and investigation notices; Licensee Event Reports; vendor reports and correspondence; Commission papers; and applicant and licensee documents and correspondence.

The following documents in the NUREG series are available for purchase from the NRC/GPO Sales Program: formal NRC staff and contractor reports, NRC-sponsored conference proceedings, and NRC booklets and brochures. Also available are Regulatory Guides, NRC regulations in the Code of Federal Regulations, and Nuclear Regulatory Commission issuances.

Documents available from the National Technical Information Service include NUREG series reports and technical reports prepared by other federal agencies and reports prepared by the Atomic Energy Commission, forerunner agency to the Nuclear Regulatory Commission.

Documents available from public and special technical libraries include all open literature items, such as books, journal and periodical articles, and transactions. Federal Register notices, federal and state legislation, and congressional reports can usually be obtained from these libraries.

Documents such as theses, dissertations, foreign reports and translations,and non-NRC conference proceedings are available for purchase from the organization sponsoring the publication cited.

Single copies of NRC draft reports are available free upon written requen to the Division of Tech-nical infcrmation and Document Control, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

Copies of industry codes and standards used in a substantive manner in the NRC regulatory process are maintained at the NRC Library, 7920 Norfolk Avenue, Methesda, lWaryland, and are available there for reference use by the public. Codes and standards are usually copyrighted and may be purchased from the originating organization or, if they are American National Standards, from the American National Standards institute,1430 Broadway, New York, NY 10018.

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GPO Pnnted c.opy price: $1.25_ _

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NUREG-0962 The Role of the State in the Regulation of Low-Level Radioactive Waste Manuscript Completed: March 1983 Date Published: March 1983 F. N. Brenneman/RI S. N. Salomon/OSP R:gion i U.S. Nuclear Reguiatory Commission King of Prussia, PA 19406 Office of State Programs U.S. Nuclear Regulatory Commission Washington, D.C. 20565 oa p

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ABSTRACT This document describes the role of the State in the regulation of low-level radioactive waste in the context of the Low-Level Radioactive Waste Policy Act of 1980 (Public Law 96-573), ~which recognizes that the States are responsible for disposal of the waste and as such may develop interstate compacts.

The perspective is the present national regulatory framework for the waste system, incitding generation, transport, treatment, storage and disposal. Although not a definitive legal statement of the area in which States may properly act, the regulatory authority of all Compact States as Agreement States, States with a limited Agreement, and as non-Agreement States is described.

The analysis is based on the assumption that the disposal site is State land.

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CONTENTS Page ABSTRACT

................................ iii PREFACE

.................... vil I. INTRODUCTION 1~

II. AGENCY RESPONSIBILITIES FOR REGULATING LOW-LEVEL RADI0 ACTIVE WASTE 2

A.

Environmental Protection Agency.

2 B.

Nuclear Regulatory Commission..

2 C.

Agencies Responsible for Transportation...

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l D.

Departmdnt of Energy and Department of Defense 4

E.

Other Federal Agencies 4

F.

Agencies Subject to the National Environmental Policy Act.

4 G.

Agreement States 5

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t H.

State Proprietary Responsibilities-6 I.

Other State Regulatory Powers..................

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- III. REGULATORY FRAMEWORK 7

A.

Regulating the Generators (Shippers) of Waste..........

7 B.

Regulating the Transporters (Carriers) of Waste..........

10; C.

Regulating Facilities for. Treatment, Storage and Disposal....

11 GLOSSARY.................................

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RELEVANT FEDERAL STATUTES AND REGULATIONS 15 w

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PREFACE "The Role of the State in the Regulation of Low-Level Radioactive Waste,"

NUREG-0962, has been drafted to assist States in their deliberations on and implementation of interstate compacts for the disposal of low-level radioactive waste.

The first working paper was distributed to the Coalition of Northeastern Governors (CONEG) Policy Working Group meeting in Albany, New York, September 30-October 1, 1982. A revision of this document was made available at the national meeting, " Establishing Regional Compacts for Low-Level Waste Management," Seattle, Washington, November 30-December 1, 1982.

After final review by State officials involved in the negotiations of low-level radioactive waste interstate compacts and a number of federal agencies, the report is now NUREG-0962.

The report is not a definitive legal stat. ment of the area in which States may properly act.

The authors, Faith Brenneman, Region I, and Stephen Salomon, Office of State Programs, would appreciate any additional comments that readers may have. They can be reached at 215-337-5216 and 301-492-9881, respectively.

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THE ROLE OF THE STATE IN THE REGULATION OF i

LOW-LEVEL RADI0 ACTIVE WASTE I.

INTRODUCTION In December 1980, the Low-Level Radioactive Waste Policy Act (P.L.96-573) became law.

The Act states.that it is the policy of the federal government that "each State is responsible for providing for-the availability of capacity either within or outside the State for the disposal of low-level radioactive waste generated within its borders except for waste generated as a result of defense activities of the Secretary [ Department of Energy]

or Federal research and development activities; and low-level radioactive

-l waste can be most safely and efficiently managed on a regional basis'."

The Act also provides for the development of interstate compacts.

This paper describes the role of the State in the regulation of low-level radioactive waste (LLW).

However, it is'not intended'to be a definitive legal statement of the areas in which States may properly act-Section II is a general discussion on the responsibilities of federal and State agencies in the regulation of LLW.

Section III describes the present national regulatory framework for the waste system, including generation, transport, treatment, storage, and disposal. Although the disposal site must be on either State or federal land, this analysis is based on the assumption-that the disposal site is State' land. This paper offers no recommendations since the States themselves bear the responsibilit.y for final decisions.

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II. AGENCY RESPONSIBILITIES FOR REGULATING LOW-LEVEL RADI0 ACTIVE WASTE During the late 1940s and the 1950s, government nuclear programs were the major sources of. radioactive waste; and the Atomic Energy Commission had sole responsibility for waste management and regulation.

The utilization of nuclear technology by private industry has resulted in the broadening of controls to various local, State, and federal agencies.

These agencies regulate the generation, transportation, and disposal of LLW.

A.

Environmental Protection Agency l

The U.S. Environmental Protection Agency (EPA) sets radiological criteria and standards that protect the environment. =All federal and State agencies must use EPA criteria and standards as the basis for regulation and rulemaking.

Currently, the EPA is developing general environmental standards-for LLW disposal.

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Nuclear Regulatory Commission i

The U.S. Nuclear Regulatory Commission (NRC) is responsible for the regulation of commercial LLW either directly or by discontinuance of its authority and assumption by States through agreement.2 The Commission licenses all nuclear reactors and other. radioactive materials users and sets regulations for proper management of the waste produced by these commercial ventures.

The NRC does not license naturally occurring and accelerator produced radioactive materials (NARM).

These materials can be licensed by any State.

Specific regulations on LLW 1and disposal (10 CFR Part 61)2 establish:

o requirements and performance objectives for LLW 1and disposal facilities; i

o administrative procedures and requirements for issuance of licenses to receive, possess, and dispose of LLW'at a land disposal facility; o

criteria for form, content, and performance of LLW to be disposed i

of at a land disposal facility; o

requirements for processes, quality controls, measurements, record keeping, reporting, and auditing of licensees that generate LLW intended for disposal; o

financial responsibility requirements for maintenance and extended care of a site; and o

institutional controls.

Discussion on Agreement States is in Section IIG.

2 Title 10 cf the Code of Federal Regulations, Part 61 (Federal Register, Vol. 47, No. 248, December 27,1982,57446-57482.).

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C.

Agencies Responsible for Transportation Regulations for transporting hazardous materials are currently promulgated and enforced by several federal agencies.

Vehicle, driver and package regulations for transporting hazardous materials, including radioactive waste, are developed and enforced by the U.S.

Department of Transportation (DOT).

Regulations for packaging radioactive materials, including waste, are also set and enforced by NRC.

Through a Memorandum of Understanding, these two agencies have delineated their separate responsibilities in the area of trans-portation safety. NRC is responsible for developing regulations for packaging of LLW containing relatively high amounts of radioactivity.

The NRC is primarily concerned with the safety of waste containment and safeguards in transportation.

DOT is responsible for developing I

regulations relating to all other aspects of transportation safety.

Each agency adopts and enforces the others' regulations.

The Department of Energy (DOE) and Department of Defense (D00) follow DDT regulations in the transportation of LLW over public highways. Waste transported over inland waterways comes under the jurisdiction of the U.S. Coast Guard (DOT). The Interstate Commerce Commission controls the economic aspects of radioactive waste transportation as do some States and local jurisdictions.

I Some State and local governments also have set restrictions on the transport of some or all radioactive waste within their boundaries.

Such restrictions are subject to the requirements of the Commerce and Supremacy Clauses of the Federal Constitution.

Furthermore, under the Hazardous Materials Transportation Act (hMTA) which authorizes DOT's regulatory program, State and local requirements that are

" inconsistent" with the HMTA or regulations issued under it are preempted.

In adopting a highway routing rule (HM-164) that generally requires use of the most expeditious route for LLW shipments, DOT has expressed its view that local bans and other severe restrictions on the movement of radioactive materials are

" inconsistent" with its regulations, and are therefore preempted.

States can enter into contracts with 00T under the DOT Material Transportation Bureau'.s States Hazardous Materials Enforcement Development (SHMED) program which fosters:

adoption by States of the Federal Hazardous Materials Regulations o

for transport as a means to achieve national safety uniformity; increased quality of inspection and enforcement ~ activity (primarily o

in highway transportation); and interagency cooperation with States to ensure a balanced, o

comprehensive, hazardous materials transportation enforcement program.

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D.

Department of Energy and Department of Defense Most atomic energy activities of the U.S. Department of Energy (DOE) and a few of those of the U.S. Department of Defense (D00) are not regulated by the NRC or by the Agreement States.

DOE maintains that its rules for handling radioactive material at its facilities are generally consistent with the regulations established by NRC for handling radioactive commercial waste.

E.

Other Federal Agencies Other agencies are involved to various degrees with LLW activities, including the U.S. Department of Interior (Geological Survey and the Bureau of Land Management), the U.S. Department of Commerce (National Oceanic and Atmospheric Administration), and the Federal Emergency Management Agency.

F.

Agencies Subject to the National Environmental Policy Act The National Environmental Policy Act of 1969 (NEPA) requires that federal agencies prepare an environmental impact statement (EIS) for each major federal-activity that significantly affects the environment.

Those EISs relevant to LLW programs are briefly described below.

They all receive review and comment by the States.

o EPA, although not required, intends to prepare an EIS on its proposed environmental standards for land disposal of LLW.

o NRC prepared a draft and final EIS on its LLW disposal rule (10 CFR Part 61).

o For an LLW disposal site to be established in a non-Agreement State, NRC would have to prepare a site-specific EIS before a license for disposal could be issued. The EIS would involve a review of alternative sites.

o NRC may require supplementary documents or additional EISs to support major licensing actions during operation and for closure of an operating LLW disposal-site.

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G.

Agreement States Twenty-six States have assumed certain regulatory authority from the NRC by becoming " Agreement States." They regulate institutional and industrial waste generators and commercial disposal sites but not nuclear power plants or federal facilities. Agreement States receive training and technical support from the NRC to fulfill the regulatory obligations of the Agreement State Program.3 All States regulate to some degree those activities involving radioactive materials that are not regulated by the NRC.

For example, naturally occurring radioactive material, such as radium, and accelerator produced radioactive material (NARM) are the responsibility of each State, regardless of Agreement State status.

Disposal of NARM is also subject to EPA regulations under the Resource Conservation and Recovery Act (RCRA).

Non-Agreement States do not regulate radioactive material as described for Agreement States in footnote below.

3 In 1981 the NRC revised its policy statement " Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement" to allow a State to seek an agreement with NRC solely to license and regulate an LLW disposal facility.' Other elements of the LLW system, such as the generation, storage and treatment of warte, would not be licensed or regulated by the limited Agreement State.

For an agreement of any scope, a State must have a program (including staff with training and expertise in radiation, State law, regulations and procedures) which is adequate to protect the public health and safety and the environment and which is compatible with the NRC's regulatory program.

3 The Agreement State Program is a program of the NRC under which States may assume certain regulatory authority over radioactive byproducts, source materials, and small quantities of special nuclear materials.

LLW would-normally fall under the regulatory purview of States participating in the program.

Enabling legislation must be passed by the legislature before a State can enter into an agreement.

The program is operated by the NRC under statutory authority of the Agreement State Amendment (P.L.86-373) to the Atomic Energy Act which is included in the'Act as Section 274b.

The Agreement States as of March 1983 are: Alabama,: Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon,-Rhode Island, South Carolina, Tennessee, Texas, and Washington.

Federal Register, Vol. 46, No. 15, January 23,.1981, 7540-7546.

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H.

State Proprietary Responsibilities The proprietary responsibilities for an LLW disposal facility include selecting and owning the site and operating or arranging for a contractor to operate the site. Some of the States' proprietary efforts may be done by a commercial organization which would acquire a site and transfer its ownership to the State and then operate the site under lease or contract with the State.

Proprietary responsibilities should reside in an agency which is separate from the agency with regulatory responsibility to avoid a potential conflict of interest.

I.

Other State Regulatory Powers Other important State regulatory powers may include the regulation of air and water effluents and of land use.

In the case of an LLW disposal site on proprietary federal land, an Agreement State or limited Agreement State will regulate the facility operated by a non-federal entity.

Sources:

" Managing Low-Level Radioactive Wastes, a Proposed Approach, A Program Document Prepared to Assist the U.S. Government in Formulating National Policy and to Solicit Public Comment and Discussion," prepared by the National Low-Level Waste Management Program, LLWMP-1, August 1980. Available from EG&G Idaho, Inc., Low-Level Waste Management Program, P. O. Box 1625, Idaho Falls, ID 83415.

"A Legislator's Guide to Low-Level Radioactive Waste Management," Julie M.

Jordan and L. Gail Melson, National Conference of State Legislatures, May 1981.

Available from National Conference of State Legislatures, 1125 17th Street, Suite 1700, Denver, CO 80202.

" Solving the Low-Level Radioactive Waste Problem," G. Wayne Kerr, Director, Office of State Programs, U.S. Nuclear Regulatory Commission, presented at-the 57th Annual Meeting of the Conference of State Sanitary Engineers, Des Moines, May 11, 1982. Available from Office of State Programs, U.S.

Nuclear Regulatory Commission, Washington, DC' 20555.

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l III. REGULATORY FRAMEWORK This Section outlines the role of States in the present national regulatory framework for.the low-level waste system.

It is presumed that this would continue to be the framework if low-level waste compacts consented to by Congress do not alter regulatory authorities which now exist.

The low-level waste system itself consists of several processes, which have been consolidated into three major categories for discussion purposes. The first category is the generation of waste, including collection of the waste, volume reduction (e.g., incineration, compaction), solidification (e.g., in cement, asphalt), packaging, and preparation of shipping manifests.

The second category is the transport of waste, which includes handling, movement, and routing of shipments.

The third category is the development and operation of facilities for the treatment, storage and disposal of waste. Activities' include selecting a site, leasing or contracting the site to an operator, licensing the facilities, regulating the operations and closure of the facilities, and providing for long-term custodial care.

The discussion is based on the assumption that the disposal site is State land.

All States in a Low-Level Radioacti've Waste Compact (Compact States) fall into two major categories either as a host State for a treatment, storage or disposal site, or a non-host State.

The host State can be either an Agreement State, a limited Agreement State for an LLW disposal site, or a non-Agreement State.

The non-host State can be either an Agreement State or a non-Agreement State.

A.

Regulating the Generators (Shippers) of Waste 1.

Requirements imposed on the collection, volume reduction, solidi--

fication, packaging, and preparation of manifests of waste a.

All Compact States (1) pursuant to an agreement with the NRC under Section 2741 of the Atomic Energy Act, can inspect NRC licensees, notify NRC of violations, and enforce such requirements as are applicable under State law.

(2) if required under the compact to implement host State 1

requirements fer disposal, may inspect waste form, containers, and documentation for dispostil.

States.

can, under State law, enforce at the point of packaging within their borders.

However, States cannot enforce requirements during transport unless they are '.' consistent" with D0T requirements.

Requirements or implementation that cause unnecessary delays in transport would be pre-empted by DOT.

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(3) can license naturally occurring and accelerator produced radioactive material (NARM) and determine requirements for disposal.

NOTE: NRC requires its ;icensees to implement quality control programs for waste handling, b.

Host States (Agreement States and Limited Agreement States)

(1) in regulations compatible with appropriate NRC regulations, can require packaging, notification, manifests, and other requirements for waste for disposal.

(2) through licensing of the disposal site, can determine waste type, form, packaging, and other requirements for disposal, compatible with appropriate NRC regulations.

(3) can require State licensees to implement quality control programs for waste, compatible with NRC 3

regulations.

c.

Host States (Non-Agreement States) can provide. review and input to NRC licensing process, particularly under NEPA. and can be a party to NRC license hearings if held.

NOTE: Waste type, form, packaging, and other requirements for disposal are determined in NRC licensing of a disposal site according to~ appropriate NRC regulations.

2.

Requirements imposed on waste for transport-a.

All Compact States (1) under State law, can adopt DOT rules and other'

" consistent" regulations on packaging, labeling and manifest systems; and can inspect shipping containers under State regulations adopted from federal regulations.

(2) pursuant to an agreement with the NRC under Section 2741 of the Atomic Energy Act, can inspect NRC licensees, notify NRC of violations, and enforce such requirements as are applicable under State law.

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NOTES: DOT regulates packaging standards (including design, authorized contents, labeling, marking, allowable radiation levels, and shipment documentation), according to 49 CFR 171-178.

NRC requires licensee; to conform to D0T packaging standards fer Type A and low specific activity materials not exceeding Type A; and requires specific review and l

approval of fissile package designs, Type B and large quantity package designs, and packages for low specific activity materials exceeding Type A.

NRC requires that shippers comply with DOT regulations and provide information on waste in a sh.pment manifest, according to 10 CFR 71, b.

Agreement States can license and regulate byproduct, source, and small quantities of special nuclear materials; and enforce DOT requirements for transport.

c.

Non-Agreement States and Limited Agreement States NOTE: NRC licenses and regulates source, byproduct, and special nuclear materials, and enforces 00T requirements for transport.

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B.

Regulating the. Transporters (Carriers) of Waste 1.

Handling and shipment of waste All Compact States (1) can adopt DOT rules on training, loading, vei.icle inspections, and general requirements for roads and driver and vehicle safety.

Requirements that are " inconsistent" with DOT requirements are preempted.

(2) under contracts with DOT, tan receive funding for inspection and enforcement of uniform federal standards.

NOTE: DOT regulates vehicle placarding, loading, and allowable radioactivity levels; and determines safety requirements for incident notification by carriers and for emergency preparedness.

2.

Routing of ShfDments All Compact States may designate alternative routes to the interstate system if supported by a safety analysis consistent with DOT guidelines.

NOTE: DOT prescribes routes (primarily interstate highways) for shipments of large quantity radioactive materials.

If the shipment is not large. quantity, use of the most expeditious route.is required.

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Regulating Facilities for Treatment, Storage and Disposal 1.

Selection of a Site Host States (1) can influence siting through zoning laws, land use and siting criteria and procedures.

(2) can approve or reject a new disposal site.

2.

Provisions of a Lease or Contract Host States (1) can select the operator.

(2) can require that the operator conform to the license; and can impose sanctions (e.g., suspend lease) in cases of nonconformance.

(3) can set additional requirements for records, reporting systems, site security, buffer zone, and closure on matters not covered by, and not in conflict with, radiological health and safety regulations.

(4) as landlord, can exercise oversight and management responsibility, as long as it is not in conflict with radiological health and safety regulations.

(5) can require payment of local business taxes, payment in lieu of State taxes, incentives to State and local communities, fees and 3urcharges, long-term financial arrangements for closure, extended care, insurance, surety (consistent with and in addition to 10 CFR 61).

3.

Licensing of Facilities a.

Host States (Agreement States)

(1) can license treatment, storage and disposal facilities that are not part of facilities licensed only by the NRC (e.g., not reactors or federal facilities).

(2) can regulate operations, monitoring, radiation control, performance objectives, site design, assurances of adequate financing for operations, closure, and stabilization (compatible with appropriate NRC regulations).

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i (3) when provided in itate law, can conduct environmental y

reviews necessary for licensing.

,-d b.

Host States (Limited Agreement States)

Q-2 (1) can license disposal facilities that are not part of g

facilities licensed only by the NRC (e.g., not reactors or federal facilities).

y (2) can regulate disposal site operations, monitoring, radiation control, performance objectives, site design, assurance of adequate financing for operations, closure, and stabilization (compatible with appropriate NRC regulations).

(3) when provided in State law, can conduct environmental reviews necessary for licensing.

NOTE: NRC licenses treatment and storage facilities.

c.

Host St.ates (Non-Agreement States) can provide review and input to NRC licensing process

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particularly under NEPA, and can be a party to NRC license c

hearings if held; can conduct State and local hearings.

NOTE:

NRC licenses treatment, storage and disposal facilities, does NEPA analyses; regulates disposal facility - specifies site operations, monitoring, radiation control, performance objectives, site design, assurance of adequate financing for operation, closure, and d

stabilization (according to appropriate NRC regulations).

4.

Operations and Closure of Facilities a.

Host States ( Agreement States) can regulate, monitor, inspect, and enforce regulations for J

treatment, storage and disposal facilities.

b.

Host States (Limited Agreement States)

(1) can regulate, monitor, inspect, and enforce Z

regulations for disposal facilities.

(2) pursuant to an agreement with the NRC under section 2741 of the Atomic Energy Act, can inspect NRC licensed facilities, notify NRC of violations, and O

enforce such requirements as are applicable under State law.

NOTE:

NRC regulates, monitors, inspects, and enforces regulations for treatment and storage facilities.

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c.

Host States (Non-Agreement States) pursuant to an agreement with the NRC under section 2741 of the Atomic Energy Act, can inspect NRC licensed facilities, notify NRC of violations, and enforce such requirements as are applicable under State law.

NOTE:

NRC regulates, monitors, inspects, and enforces regulations for treatment, storage and disposal facilities.

5.

Extended Care of Disposal Facilities Host States (1) at termination of operations, closure, and post-closure observation period, can carry out long-term institutional care responsibilities under terms of license and operator's lease or contract; or (2) at termination of operations, closure, and post-closure observation period, can request consideration by the federal government for transfer of the facility to the federal government for long-term institutional care.

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GLOSSARY Byproduct material is radioactive material yielded in or made radioactive by exposure _to radiation incident to the process of. producing or utilizing'special nuclear materials; tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

High-level radioactive waste means:

(A) the highly radioactive. material 4

resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and (B) other highly radioactive material that the NRC, consistent with existing law, determines by rule requires permanent isolation.

3 Low-level radioactive waste means radioactive material that:

(A) is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or tailings or wastes produced by the extract. ion or concentration of. uranium or thorium from any ore processed primarily for its source material content; and (B) the NRC, consistent with existing law, classifies as low-level.'adioactive waste.

Typical low-level radioactive waste is low activity paper and plastic trash, tools, resins, sludges, evaporator bottoms, liquids, vi'als, animal carcasses, tissue cultures, labware, syringes, and sealed sources.

For disposal, low-level waste must be characterized as Class A, Class B, Class C, or greater than Class C based on concentration of radioactivity, I

according to 10 CFR 61.

1 For transport, with information on the type, radioactivity level, and l

form of. material, waste can be classified as Type A, Type B,'or large-quantity and packaged appropriately.

Type A packages are such that if they fail in normal transport,- there are limited effects. Type B

-. g}"

packages are designed to survive an accident.

Naturally occuring radioactive material is material such as radium, used in dials and watches; and accelerator produced material is material such as cobalt 57, thallium 201, and iodine 123, used in medical diagnostic procedures.

Source material is uranium and/or. thorium, or ores containing by weight 0.05%

or more of uranium'and/or thorium.

Special nuclear material is plutonium, uranium 233,. uranium. enriched in uranium 233 or uranium 235, or any material artificially enriched by.any.of these.

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RELEVANT FEDERAL STATUTES AND REGULATIONS Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 gt seq.)

Hazardous Materials Transportation Act of 1974, as amended (49 U.S.C. 1801 gt sgg.)

1 Low-Level Radioactive Waste Policy Act of 1980 (42 U.S.C. 2021)

National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 gt sgg.)

Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 gt sgg.)

i Title 10 of the Code of Federal Regulations, Parts 0-199 (Regulations of the U.S. Nuclear Regulatory Commission)

Title 49 of the Code of Federal Regulations, Parts 100-199 (Regulations of the the U.S. Department of Transportation)

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NRc Per.M 335 u.s. nuclear REGULATORY COMMISSION m.en Bl8LIOGRAPHIC DATA SHEET NUREG-0952

4. TITLE AND SU5 TITLE (Add Vokme Na,if approusneel

2. (teare bim*/

The Role of the State in the Regulation of Low-Level Radioactive Was0e

s. RECIPIENT'S ACCES$10N NO.

7. AUTHOR (S)

5. DATE REPORT COMPLETED Faith N. Brenneman and Stephen N. Salomon

""krch

'l983

'^"

9. PERFORMING ORGANIZATION NAME AND MAILING ADORESS //nchor Zip Code /

OATE REPORT ISSUED R gion I, U. S. Nuclear Regulatory Commission, King of Pruss.ia, PA 19406 and March

."<1983

=O~ra Eaa Office of State Programs, U. S. Nuclear Regulatory

s. (te. o w=*s Commission, Washington, DC 20555 l

8. (Lenee Nekt l

12. SPONSORING ORGANIZATICN NAME AND MAILING ADDRESS (inche Zip Coel

10. PROKCT/ TASK / WORK UNIT NO.

R gion I, U. S. Nuclear Regulatory Commission, King of Prussia, PA 19406 and ii. pin NO.

Office of State Programs, U. S. Nuclear Regulatory Comission, Washington, DC 20555 l

13. TYPE OF REPORT PE RICO COVE RED (Inc4sive dears)

Staff analysis September 1982 to March 1983

15. SUPPLEMENTARY NOTES

14. (tesse wm*J

16. ABSTR ACT 200 words or less1 This document describes the role of the State in the regulation of loelevel radioactive waste in the context of the Low-Level Radioactive Waste Policy Act of 1980 (Public Law 96-573), which recognizes that the States are responsible for disposal of the waste and as such may develop interstate compacts. The perspective is the present national regulatory framework for the waste system, including generation, transport, treatment, storage and disposal. Although not a definitive legal statewnt of the area in which States may properly act, tha regulatory authority of all Compact States as Agreement States, States with a limited Agreement, and as non-Agreement States is described. The analysis is based on the assumption that the disposal site is State land.

17. KEY WORDS AND DOCUMENT ANALYSIS 17a. DESCRIPTORS i

17b. IDENTIFIERS!OPEN-ENDED TERMS

18. AVAILABILITY STATEMENT ~

19. SECURITY CLASS (Des report /

21. NO. OF PAGES

(

Unclassified Unlimited 20glTY CgA (Dss papel

22. PRICE NKC FOAM 335 m en

s ou nta ctass mait UNITED STATES

, NUCLEAR REGULATORY COMMISSION

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