ML20127A260
| ML20127A260 | |
| Person / Time | |
|---|---|
| Issue date: | 01/04/1993 |
| From: | Bangart R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Congel F, Cunningham R, Grimes B NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation |
| References | |
| REF-WM-3 NUDOCS 9301110233 | |
| Download: ML20127A260 (8) | |
Text
-
4 ~
'o UNITED STATES J n NUCLEAR REGULATORY COMMISSION
) { i wAssmoTon, o. c. rosss k . .L./ W .( g MEMORANDUM FOR: Richard E. Cunningham, Director Division of Industrial and Medical Nuclear Safety, NMSS Frank J. Congel, Director Division of Radiation Safety and Safeguards, NRR Brian K. Grimes, Director Division of Operating Reactor Support, NRR FROM: Richard L. Bangart, Director Division of Low-level Waste Management and Decommissioning, NHSS
SUBJECT:
RESPONSIBILITIES FOR LOW-LEVEL RADI0 ACTIVE WASTE STORAGE POLICY, LICENSING, AND INSPECTION The purpose of this memorandum is to propose defined areas of responsibility among LLWM, IMNS, and NRR for policy, licensing, and inspection issues in low-level radioactive waste (LLW) storage. The fact that currently operating LLW disposal sites will close or limit access to their facilities has caused licensees, the public, and us to focus on the likelihood that additional reliance on storage of LLW will occur in the near future. In some cases, licensees will not have access to any disposal capability and will have no choice but to store their LLW. A clear division of responsibility among NRC offices and divisions should enable NRC to better coordinate our efforts and to address LLW storage issues and requests for staff involvement as these needs arise.
In the last year, we have received a number of requests for information concerning the NRC's LLW storage policy, and licensing and inspection criteria. For example, in correspondence dated August 28, 1992, the Greater Cleveland Environmental Coalition requested NRC to hold a public meetir concerning LLW storage at the Perry Nuclear Power Plant in- Ohio, which subsequently held on October 1, 1992. In a letter dated September 14, 92, the Connecticut Hazardous Waste Management Service requested our assistance
...in determining the need for a low-level radioactive waste temporary, monitored, retrievable storage facility." In a letter dated October 9,1992, the State of New York's Department of Health invited NRC to participate in a January 14, 1993, conference on LLW management and interim storage. The conference is intended to assist New York State LLW generators "...in dealing with the issues and problems of managing LLRW after 1992." In a January 30, 1992, Staff Requirements Memorandum, the Commissioners requested the staff to
... assess the need for additional guidance or licensing requirements to supplement the existing regulatory framework for LLW storage." We expect to receive an increasing number of such requests as operating LLW disposal sites close down or limit access in the coming years, }
y 9301110233'9 M10E ~
h WM-3 gy %,
\
, \
4 4
Multiple Addressees ]
Enclosed for your review is a strawman proposed position paper entitled
" Division of Responsibilities for Storage of low-Level Radioactive Waste." We i have coordinated the enclosed draft with your respective staff and trust that we are close to reaching agreement among.our four divisions. In addition to your review of this strawman, Richard Turtil of my staff (504-3447) will be contacting you to arrange a meeting in about 15 days to discuss the attached.
Richaro L Bangart, Director Division of Low-Level Waste Management and Decommissioning,'NMSS
Enclosure:
As stated i
l Distribution: ~ Central ' File - NMSS r/f LLWM r/f RBangart WBrach JAustin JSurmei er--
JKennedy JThoma RTurtil LLWB r/f PDR YES _X,_
PDR NO Category: Proprietary or CF Only ACNW YES NO X SUBJECT ABSTRACT: DESIGNATING RESPONSIBILITIES AMONG NRC STAFF CONCERNING.
REQUESTS FOR NRC PARTICIPATION IN DISCUSSIONS-AND REVIEWS OF STORAGE POLICY, LICENSING, AND INSPECTION ISSUES OCF LLWB* LLWB* LLWM / LLWMI/2#
NAME RTurtil JKennedy BB'rach RBanhNr't DATE 11/03/92 11/03/92 'M//92 0M/ /92 G:\MOUM00.RH1 0FFICIAL RECORD COPY 1
1 Multiple Addressees addition to your review of this strawman, Richard Turtil of my staff (504-3447) will be contacting you to arrange a meeting in about 15 days to discuss the attached.
Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning, NMSS
Enclosure:
As stated -
Distribution: Central File NMSS r/f LLWM r/f RBangart WBrach ( JAustin JSurmeier JKennedy JThoma ; RTurtil LLWB r/f POR YES s PDR NO Category: Proprietary or CF Only ACNW YES NO \ _
SUBJECT ABSTRACT: DESIGNATING RESPONSIBILITIES AMONG NRC STAFF CONCERNING -
REQUESTS FOR ??RC PARTICIPATION IN DISCUSSIONS AND REVIEWS OF
.) STORAGE POLICY, LICENSING, AND INSPECTION ISSUES
.g,{Al e n \
\
OCF LLWB* LLWB* LLWM x LLWM NAME RTurtil JKennedy BBrach RBangart DATE 11/03/92 11/03/92 / /92 \/ /92 G:\MOU.MOV 0FFICIAL RECORD COPY
'N
'\
\
'\ x
Multiple Abdressee \\
this strawman, Richard Turtil of my staff (504-3447) will be contacting you shortly to arrange a meeting to discuss the attached.
\
1 Richard L. Bangart, Director
\ Division of low-level Waste Management and Decommissioning, NMSS
(
Enclosure:
As statsd i
't
\
\
\
\
\
i
\
\
Distribution: Central File \, NMSS r/f LLWM r/f RBangart WBrach i JAustin JSurmeier JKennedy JThoma y't RTurtil LLWB r/f PDR YES PDR NO Category: Proprietary or CF Only '
ACNW YES ._ _ NO ,
SUBJECT ABSTRACT: DESIGNATING RESPONSIBILITIES AMONG NRC STAFF CONCERNING REQUESTS FOR NRC PARTICIPATION IN DISCUSSIONS AND REVIEWS OF STORAGE POLICY, LICENSING, AND INSPECTION ISSUES
.t .m OCF LLWB / l ' Bib ~ 'LLWM '\ LLWM NAME RTurtil' l -JK6nn$dy BBrach RBangart DATE ll / 3 /92 Ik / /52 / /92 \ / /92 G:\MOU.MOV 0FFICIAL RECORF COPY
eq l
- i 1
Addresses - Memorandum dated I/Y/R3 Richard W. Cooper II, Director, Division of Radiation Safety and Safeguards, RI J. Philip Stohr, Director, Division of Radiation Safety and Safeguards, RII Charles E. Norelius, Director, Division of Radiation Safety and Safeguards, RIII Leonard J. Callan, Director, Division of Radiation Safety and Safeguards, RIV Ross A. Scarano, Director, Division of Radiation Safety and Safeguards, RV
Division of Responsibilities for Storage of Low-level Radioactive Waste Backaround:
The January 1,1993, milestone of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA) allows currently operating LLW disposal sites to limit & cess to their facilities on that date. It is anticipated that the Beatty, NV, facility will fully discontinue operations, and that the Hanford, WA, facility will begin to limit receipt of waste to that generated in States within the Northwest and Rocky Mountain Compacts. The Barnwell, SC, facility is expected to continue to receive LLW for disposal, only if States meet specific criteria established by the South Carolina General Assembly, and only through June 30, 1994, for out-of-compact-waste. In addition, the June 19, 1992, Supreme Court Decision in New York v. United States found the "take-title" provisien of the LLRWPAA to be unconstitutional, and thereby effectively releases States from all legal obligations to take title and possession of LLW. Because of these two circumstances, it is likely that additional reliance on storage of LLW will occur in the near future.
NRC has recently received numerous requests for information concerning LLW storage requirements, practices, and policy. In addition, NRC has also received numerous requests for participation in meetings and conferences that address storage of LLW. NRC needs to clearly identify and define LLW storage responsibilities for its various offices and divisions that regulate LLW storage activities. The objective of this document is to define these responsibilities so that NRC is better able to address storage issues and requests for staff involvement as needs arise.
Responsible Offices:
The Divisions of Radiation Safety and Safeguards (DRSS) and Operating Reactor Support (DORS) in the Office of Nuclear Reactor Regulation (NRR) and the Divisions of low-Level Waste Management and Decommissioning (LLWM) and Industrial and Medical Nuclear Safety (IMNS) in the Office of Nuclear Materials Safety and Safeguards (NMSS), and the Regions, share the primary responsibility at NRC for LLW storage licensing and inspection activities, and for LLW storage policy. The Division of Radiation Safety and Safeguards in each Region will implement assigned LLW storage licensing and inspection activities, and will assess the adequacy and compliance of licensees within their regions as they relate to LLW storage. In addition, the Office of State Programs (SP), and Regional State Liaison Officers will provide coordination and communication with Agreement and Non-Agreement States concerning LLW storage issues.
Enclosure
-2 fb 5 Soecific Resoonsibilities:
LLWM - LLWM is responsible for establishing and communicating specific NRC policies as they relate to storage of LLW and for keeping abreast of agency actions related to LLW storage. LLWM will establish LLW storage policies in support of federal laws and mandates governing disposal of LLW, and in support of the agency's mission and Commission direction to the staff.
In coordination with IMNS, NRR, and SP, LtWM will be responsible for developino information notices and guidance directives that relate to NRC broad LLW storage and disposal policies. In coordination with IMNS, NRR, RES, and SP, LLWH is responsible for establishing and communicating technical criteria for LLW storage (and disposal) packaging. LLWM will develop recommendations for rulcmaking actions that support NRC's LLW storage policies. LLWM will participate in meetings in response to generator, state, and public requests, to discuss LLW management issues, programs, and rulemaking actions as they relate to NRC's overall LLW policies and strategies for regulating the storage and disposal of LLW by reactor, materials, and fuel cycle licensees.
Requests for general discussions of NRC storage programs and policy will usually be handled by LLWM. LLWM will also continue to cover storage issues at meetings such as the LLW and Decisionmakers' Forums.
IMNS - IMNS is responsible for establishing specific licensing and inspectica procedures and guidance related to storage of LLW by materials licensees. This would include the development and issuance of licensing guidance for applicants, inspection procedures, guidance and licensing review plans for IMNS and regional staff, and participation at meetings and forums in response to requests by materials licensees, generators, state representatives, and the public to discuss NRC materials storage licensing and inspection programs and requirements. IMNS is responsible for providing guidance to licensees requesting amendments to their licenses to store LLW.
IMNS, in coordination with NRR and LLWM, is responsible for licensing LLW storage at reactors under 10 CFR Part 30 when such storage is beyond that permitted under a 10 CFR 50.59 evaluation. IMNS is responsible for providing guidance concerning storage of LLW at reactors under separate Part 30 licenses, including interpretations of Generic Letter 81-38, and for reviewing and issuing these Part 30 licenses. IMNS is responsible for developing inspection procedures for Part 30 licensed facilities and operations. IMNS should coordinate with LLWM to ensure that activities concerning LLW storage do not conflict with broad NRC LLW storage policies and disposal requirements.
Requests for discussion of NRC licensing and inspections programs and guidance relating to these programs will be handled by IMNS or the Regional Office.
LLWH and NRR staff will provide support, as required.
NRR - DRSS and DORS in NRR are responsible, in coordination with LLWM, IMNS, SP and the regions, for establishing licensing criteria and inspection procedures and guidance related to storage of LLW at power and non-power
s reactors under Part 50 licenses. This would include the development and isst'ance of guidance for 50.59 evaluations, and inspection procedures and guidance for LLW storage facilities at reactor facilities. NRR will participate in meetings and forums in response to generator, state, and public requests to discuss reactor storage and inspection programs. NRR, in coordination with IMNS, will address questions posed by reactor licensees and the regions pertaining to the adequacy of the 10 CFR 50.59 evaluation process, 10 CFR Part 30 license requirements, and current guidance concerning LLW storage.
Regions - The regions are responsible for implementing LLW licensing and inspections programs for LLW storage. This includes review and issuance of materials licenses and license amendments for LLW storage. The regional staff conducts materials and reactor licensee inspections involving LLW storage, and is responsible for reviewing 50.59 evaluations performed by reactor licensees.
The regional staff is to identify and assess safety issues and prablems faced by all generators concerning storage of LLW.
Requests for discussion of NRC licensing and inspection programs and guidance relating to these programs will be handled by the Regional Office, or by IMNS for requests relating to materials licensees, or by NRR for requests relating to reactor licensees. LLWM staff will provide support, as required.
SP - SP is responsible for coordinating with States concerning LLW storage, and for communicating States' views and program activities involving LLW storage and how they relate to NRC programs and policies. SP and Regional State Liaison Officers will assist in responding to state and generator requests for NRC participation in meetings on LLW storage.